HomeMy WebLinkAboutAgenda Report - January 6, 2021 C-14AGENDA ITEM 00 do
CITY OF LODI
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COUNC I L COMMUNICATION
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AGENDA TITLE: Adopt a Resolution Approving Year 2020 Amendments to Conflict of Interest Code
(Government Code Section 87306.5)
MEETING DATE: January 6, 2021
PREPARED BY
City Attorney
RECOMMENDED ACTION: Adopt a resolution approving Year 2020 Amendments to Conflict of
Interest Code (Government Code Section 87306.5).
BACKGROUND INFORMATION: The City Council must periodically review and, if necessary, update
the City's Conflict of Interest Code pursuant to California
Government Code Section 87306.5. The attached resolution makes
changes based on conditions occurring since the last update adopted by the Council in 2018. The
attached resolution was published in draft form on November 21, 2020, to begin the 45 -day public
comment period on the proposed changes. The majority of the changes made since 2018 reflect little
more than title changes of positions, the addition of new positions, or the deletion of positions eliminated
in the 2018/2019 and 2019/2020 budgets, and comments received from staff. No comments to the
proposed resolution were received from members of the public. The following additional changes have
been made to the draft resolution approved by Council on November 18, 2020:
Electric Utility:
• Addition Utility Equipment Specialist
Addition Electric Foreman
As required by statute, the final version of the resolution is now brought back to the City Council for final
approval.
FISCAL IMPACT: None.
FUNDING: None required.
Signature: (ZIR144 & "AR
fJ' i '1 r ."It[rc 41 Dim.:'1..:u';0 F3 9t F;.I
Email: jmagdich@lodi.gov
Janice D. Magdich
Janice D. Magdich
City Attorney
Signature:
Steve Schw., . p
Email: sschwabauer@lodi.gov
APPROVED: Steve Schwabauer
Stephen Schwabauer, City Manager
RESOLUTION NO. 2021-11
A RESOLUTION OF THE LODI CITY COUNCIL REPEALING
RESOLUTION NO. 2018-211 THEREBY AMENDING CITY
OF LODI CONFLICT OF INTEREST CODE
The Political Reform Act of 1974 (Government Code section 81000, et seq.) requires state and local
government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices
Commission has adopted a regulation (2 Cal. Code of Regs. 18730), which contains the terms of a
standard conflict of interest code. After public notice and a hearing it may be amended by the Fair
Political Practices Commission to conform to amendments to the Political Reform Act. Therefore,
the terms of 2 California Code of Regulations 18730 and any amendments to it duly adopted by the
Fair Political Practices Commission are hereby incorporated by reference. This regulation and the
attached appendices designating officials and employees and establishing disclosure categories
shall constitute the conflict of interest code of the City of Lodi.
Designated officials and employees shall file their statements with the City Clerk of the City of Lodi
and such statements shall be open for public inspection and reproduction pursuant to Government
Code section 81008. Statements for all designated officials and employees will be retained by the
City of Lodi.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. Resolution No. 2018-211 is hereby repealed in its entirety.
2. The terms of 2 California Code of Regulations Section 18730 and any amendments duly
adopted by the Fair Political Practices Commission along with the attached Appendices in which
officials and employees are designated and disclosure categories are set forth, are hereby
incorporated by reference and constitute the Conflict of Interest Code of the City of Lodi.
3. Persons holding designated positions shall file statements of economic interest pursuant to the
provisions of this code.
4. All designated officials and employees shall file their statements of economic interests with the
City Clerk of the City of Lodi to whom the City Council hereby delegates the authority to carry out
the duties of filing officer.
5. Failure to file the required statement in a timely fashion may result in the imposition of
administrative, criminal, and civil sanctions as provided in Government Code sections 81000-
91014.
6. The effective date of this Resolution shall be January 6, 2021.
Dated: January 6, 2021
----------------------------------------------------------------------------
I hereby certify that Resolution No. 2021-11 was passed and adopted by the City Council of
the City of Lodi in a regular meeting held January 6, 2021, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Kuehne, Khan, Hothi, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN. COUNCIL MEMBERS — None
4-jaN
..'IFER SMIR
City Clerk
2021-11
APPENDIX A
DESIGNATED OFFICIALS AND EMPLOYEES
The following is a listing of those persons who are required to submit Statements of Economic
Interests (Form 700) pursuant to the Political Reform Act of 1974, as amended:
List of designated positions re uired to file Form 700:
Department
Position
Disclosure
Cate ory
City Manager
City Manager
Deputy City Manager/internal Services Director
1
Business Development Manager
1
Executive Administrative Assistant
2. 3.4
City Attorney
City Attorney
Deputy City Attorney
Risk Manager
1
1
Risk Management Technician**
5
City Clerk
City Clerk
1
Assistant City Clerk
1
Community Development
Community Development Director
1
Junior/Assistant/Associate/City Planner
1
Building Official
1
Building Official 1/II
2, 3, 6, 7
Assistant Engineer/Plans Examiner
1
Administrative Assistant**
5
Nei hborhood Services Manager
1
Electric Utility
Electric Utility Director
1
Electric Utility Superintendent
1
Engineering & Operations Manager
1
Administrative Assistant**
5
Senior Power Engineer
3, 5, 7
Senior Electrical Engineering Technician
3, 5, 7
Electrical Engineering Technician
3, 5, 7
Substation/Metering Supervisor
5,6
Rates & Resources Manager
1
Electric Utility Business Analyst
5
Construction/Maintenance Supervisor
5,6
Electric Foreman/Forewoman**
5,6
Electric Materials Technician
5
Electric Distribution Operations Supervisor
5,6
Electric Utility Resources Analyst
5
Troubleshooting Supervisor
5,6
Field Services Supervisor
2,5
Utilit Equi ment S ecialist**
5
Utility Warehouse Supervisor
5,6
Fire
Fire Chief
1
Deputy Fire Chief
1
Fire Battalion Chief
5
2
Management Analyst
Fire Captain**
2, 3, 4
5
Administrative Training Officer
2,3,5,7
Internal Services/Human
Resources
Human Resources Manager
1,8
Management Analyst
2,8
Human Resources Technician**
218
Internal Services/
Financial Services
Accounting Manager
2, 3, 4, 8
Revenue Manager
2, 3, 4, 8
Accountant
2, 3, 4
Supervising Accountant
2, 3, 4
Customer Service Supervisor
2, 3, 4
Administrative Assistant**
5
Internal Services/Budget
Budget Manager
2, 3, 4, 8
Management Analyst
2, 3, 4, 8
Internal Services/
Information Systems
Information Technology Manager
1
Network Administrator
5
Senior Programmer/Analyst
3, 4, 6
Library
Library Director
1
Librarian
2, 3, 5, 7
Literacy & Program Manager
2, 3, 5, 7
Senior Library Assistant
2, 3, 5, 7
Libra Technician
2, 3, 5, 7
Parks, Recreation and
Cultural Services
Parks, Recreation and Cultural Services Director
1
Parks, Recreation and Cultural Services Deputy Director
1
Parks Superintendent
1
Park Project Coordinator
2, 3, 5
Recreation Superintendent
2, 3 5 7
Recreation Manager
2, 3, 5 7
Stage Technician
5
Building Services Supervisor
5,7
Program Coordinator
5,7
Park Maintenance Worker III **
5
Park Supervisor **
5
Senior Facilities Maintenance Worker **
5
Administrative Assistant**
5
Management Analyst
2, 3, 4
Welder/Mechanic**
5
Police
Police Chief
1
Police Captain
1
Management Analyst
2, 3, 4
Community Liaison Officer
2, 3, 5, 7
Code Enforcement Officer
2, 3, 5, 7
Animal Services Supervisor
5
Administrative Assistant**
5
Senior Administrative Clerk
5
Public Works
Boards and
Commissions
Public Works Director 1
Public Works Management Analyst 2,3,5,7
Transportation Manager 1
Senior Transportation Planner 2,3,5,7
Junior Transportation Planner 2, 3, 5, 7
JuniorWssistantWssociate Planner (Transportation) 2, 3, 5, 7
Senior Traffic Engineer 2,3,5,7
City Engineer/Deputy Public Works Director 1
Compliance Engineer 2,3,5,7
Construction Project Manager 2, 3 5, 7
Senior Civil Engineer 2, 3, 5, 7
Fleet Superintendent 21 3 5 7
Facilities Superintendent 2 3 5, 7
Facilities Supervisor 2, 3, 5, 7
Senior Facilities Maintenance Worker ** 2, 3, 5, 7
Facilities Maintenance Worker ** 2, 3, 5, 7
Public Works Inspector 2, 3, 5, 7
Utilities Manager 1
Utilities Superintendent - PW 2, 3, 5, 7
Wastewater Plant Superintendent 2 3, 5,7
Water Plant Superintendent 2, 3, 5,7
Wastewater Operations Supervisor 2, 3, 5, 7
Lead Electrician 213,517
Electrician ** 2 3, 5 7
Laboratory Services Supervisor 2, 3, 5, 7
Parts Clerk 2, 3, 5 7
Plant & Equipment Mechanic ** 2, 3, 5, 7
Senior Engineering Technician ** 2, 3, 5, 7
Senior Storekeeper 2, 3, 5, 7
Street Maintenance Worker III ** 2, 3, 5 7
Street Maintenance Worker II ** 2, 3, 5, 7
Street Maintenance Supervisor ** 2, 3, 5, 7
Water Treatment Plant Operator III ** 2, 3, 5, 7
Water Services Technician I ** 2, 3, 5, 7
Water Services Technician II** 2 31 53 7
Water/Wastewater Maintenance Worker III ** 2, 3, 5 7
Water/Wastewater Maintenance Worker II ** 2, 3, 5, 7
WaterANastewater Supervisor ** 2, 3, 5, 7
Watershed Program Coordinator 2 3 5, 7
Traffic & Sign Making Worker ** 2, 3, 5, 7
Wastewater Plant Operator 2, 3 5, 7
Environmental Compliance Inspector 2, 3, 5, 7
Members of the Planning Commission
Members of the Parks and Recreation Commission 2,3,4,6,7,8
Members of the Site Plan and Architectural Review 2,3,4,6,7,8
Committee
Members of the Library Board of Trustees 2,3,4,6,7,8
Members of the Lodi Improvement Committee 2,3,4,6,7,8
Members of the Lodi Arts Commission 2,3,4,6,7,8
Members of the Personnel Board of Review 2,3,4,6,7,8
Members of the Measure L Citizens Oversight Committee 2,3,4,6,7,8
Consultants by Dept:
Community Development
Michael Baker International (Contract CDBG Program
Administration, Neighborhood Services, and Planning
Services)
3,4,6
Interwest Consulting Group (Contract Plan Check,
Permit Tech and Inspection Services & Planning
Services)
3,4,6
Bureau Veritas (Contract Plan Check, Permit Tech
and Inspection Services)
Stantec Consulting Services (Contract Management
Services re Brownfield Grant)
3,4,6
3,4,6
4Leaf, Inc. (Contract Plan Check, Permit Tech and
Inspection Services)
3,4,6
NJA Architects
3, 4, 6
Internal Services/Human
Resources
York Insurance Service Group
3,4,6,8
DB Claims Services Group, Inc.
3,4,6,8
Police
Lodi Shelter PALS
2, 5
Public Works
West Yost & Associates
3,4,6
RMC Water and Environment
3,4,6
WGR Southwest
3,4,6
Stantec
3,4,6
Mark Thomas and Company
3,4,6
Terracon
3,4,6
MV Transportation
3,4,6
HCS Engineering
3,4,6
KSN
3,4,6
Michael Baker International, Inc.
3,4,6
Petralo ix
3,4,6
Siegfried
3,4,6
SNG & Associates
3,4,6
The Reed Group
3,4,6
WMB
3,4,6
Carollo Engineering, Inc.
3,4,6
Interwest Consulting Group, Inc.
3,4,6
Contractor Compliance and Monitoring, Inc.
3,4,6
NJ Associates, Inc.
3, 4, 6
* Exempt from Political Reform Act of 1974, but required to file a statement of economic interest
pursuant to Government Code section 87200.
** Applicable only to those employees in the position issued a Cal -Card Visa.
Note: The Utility Equipment S ecialist and Electric Foreman/Forewoman positions status as
Cal -Card holders will be effective following City Council approval at its January 20 2021
meeting
Designated Employees are those positions within the city who may exercise independent
judgment and make or participate in the making of governmental decisions which may
forseeably have a material effect on any financial interest.
5
Consultant means an individual who, pursuant to a contract with a state or local governmental
agency:
A. Makes governmental decisions whether to:
1. approve a rate, rule or regulation;
2. adopt or enforce a law;
3. issue, deny, suspend, or revoke any permit, license, application, certificate,
approval, order or similar authorization or entitlement;
4. authorize the agency to enter into, modify, or renew a contract provided it is
the type of contract which requires agency approval;
5. grant agency approval to a contract which requires agency approval and in
which the agency is a party or to the specifications for such a contract;
6. grant agency approval to a plan, design, report, study or similar item;
7. adopt, or grant agency approval of policies, standards, or guidelines for the
agency, or for any subdivision thereof; or
B. Serves in a staff capacity with the agency and in that capacity performs the same or
substantially the same duties for the agency that would otherwise be performed by
an individual holding a position specified in the agencies Conflict of Interest Code.
The City Manager or his designee may determine in writing that a particular consultant, although
a "designated position" is hired to perform a range of duties that are limited in scope and thus is
not required to fully comply with the disclosure requirements described in this section. Such
written determination shall include a description of the consultant's duties and, based upon the
description, a statement of the extent of the disclosure requirements. The City Manager or his
designee's determination is a public record and shall be retained for public inspection in the
same manner and location as this Conflict of Interest Code.
Public Officials Who Manage Public Investments (Specified in Government Code Section
87200):
The positions listed below manage public investments and shall file a statement of economic
interests pursuant to Government Code Section 87200. These positions are listed for
informational purposes only.
1. Members of the Lodi City Council
2. City Manager
3. City Attorney
4. Finance Director
5. Members of the Lodi Planning Commission
An individual holding one of the above -listed positions may contact the Fair Political Practices
Commission for assistance or written advice regarding their filing obligations if they believe that
their position has been categorized incorrectly. The Fair Political Practices Commission makes
the final determination whether a position is covered by Government Code section 87200.
C:
APPENDIX B
DISCLOSURE CATEGORIES
Individuals holding designated positions must report their interests according to their assigned
disclosure category(ies).
DISCLOSURE CATEGORIES
All investments and business positions in business entities, sources of income,
including loans, gifts, and travel payments, from all sources wherever located; and
interests in real property located within the jurisdiction of the City of Lodi or within
two (2) miles of the boundaries of the City of Lodi or within two (2) miles of any land
owned or used by the City of Lodi.
2. Investments and business positions in business entities, and all sources of income,
including loans, gifts, and travel payments, from all sources.
& Interests in real property located within the jurisdiction of the City of Lodi or within
two (2) miles of the boundaries of the City of Lodi or within two (2) miles of any land
owned or used by the City of Lodi.
4. Investments and business positions in business entities, and sources of income from
entities, including loans, gifts, and travel payments, from sources providing supplies,
services, materials, equipment or machinery of the type used by the City of Lodi.
5. Investments and business positions in business entities, and income, including
loans, gifts, and travel payments, from sources providing supplies, services,
materials, equipment or machinery of the type used by the designated position's
division or department.
6. Investments and business positions in business entities, and income, including
loans, gifts, and travel payments, from sources, that filed a claim against the City of
Lodi during the previous two (2) years, or have a claim pending with the City of Lodi.
7. Investments and business positions in business entities, and income, including
loans, gifts, and travel payments, from sources of the type to request an entitlement
to use agency property or facilities, including, but not limited to: licenses, utility
permits, and vendor permits.
8. Investments and business positions in and income from Union Pension funds that
may be affected by the outcome of negotiations involving monetary settlements of
employer-employee memorandums involving the City of Lodi.
7
Please immediately confirm receipt
t� f ' this, f ax by calling 333-6702
CITY OF LODI
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUBJECT: NOTICE OF INTENTION TO AMEND THE CONFLICT OF INTEREST
CODE OF THE CITY OF LODI
PUBLISH DATE: SATURDAY, NOVEMBER 21, 2020
TEAR SHEETS WANTED: One (1) please
SEND AFFIDAVIT AND BILL TO: JENNIFER CUSMIR, CITY CLERK
LNS ACCT. #5100152 City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: THURSDAY, NOVEMBER 19, 2020
ORDERED BY: JENNIFER CUSMIR
CITY CLERK
PAMELA M. FARRIS
ASSISTANT CITY CLERK
Emailed to the Sentinel at legals@lodinews.com at
forms\advins.doe
KAYLEE CLAYTON
ADMINISTRATIVE CLERK
Z4Pme) on I I LI ) (Pages)
• NOTICE OF INTENTION
TO AMEND THE CONFLICT OF INTEREST CODE
OF THE CITY OF LODI
NOTICE IS HEREBY GIVEN that the City of Lodi, pursuant to the authority
vested in it by Section 87306 of the California Government Code, proposes
amendments to its Conflict of Interest Code. The purpose of these amendments is
to implement the requirements of Section 87300 through 87302 and Section 87306
of the Government Code.
The City of Lodi proposes to amend its Conflict of Interest Code to include
positions that involve the making or participation in the making of decisions that
may foreseeably have a material effect on any financial interest, as set forth in
subdivision (s) of the Section 8730 of the Government Code. Specifically, the
proposed amendments will add positions that are newly created by the agency and
delete positions that are no longer used by the agency.
Copies of the proposed amended Conflict of Interest Code are
available for public review and may be requested from the Lodi City Clerk's
Office at (209) 333-6702. A 45 -day written comment period will be conducted
through January 5, 2021. Comments must be received by the City Clerk on
or before January 5, 2021 at 5:30 p.m. and may be mailed to the City Clerk at
P.O. Box 3006, Lodi, CA 95241; or emailed to the City Clerk at
'cusmir Jodi. ov.
The Lodi City Council will consider the adoption of the resolution approving Year
2020 Amendments to the Conflict of Interest Code at its regularly scheduled
meeting on January 6, 2021, at 7:00 p.m., or as soon thereafter as the matter may
be heard. City Council meetings are held virtually. Information on how to attend
may be found at www.lodi.gov or by calling (209) 333-6702.
Dated: November 19, 2020
Jennifer Cusmir
City Clerk
DECLARATION OF POSTING
NOTICE OF INTENTION TO AMEND THE CONFLICT OF INTEREST CODE
OF THE CITY OF LODI
On Thursday, November 19, 2020, in the City of Lodi, San Joaquin County, California, a
copy of a Notice of Intention to Amend the Conflict of Interest Code of the City of Lodi
(attached hereto, marked Exhibit "A") was posted at the following locations:
Lodi City Clerk's Office
Lodi City Hall Lobby
Lodi Carnegie Forum
WorkNet Office
I declare under penalty of perjury that the foregoing is true and correct.
Executed on November 19, 2020, at Lodi, California.
2 � '
PAMELA FARRIS
ASSISTANT CITY CLERK
ORDERED BY:
JENNIFER CUSMIR
CITY CLERK
KAYLEE CLAYTON
ADMINISTRATIVE CLERK
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NOTICE OF INTENTION
TO AMEND THE CONFLICT OF INTEREST CODE
• OF THE CITY OF LOM
NOTICE IS HEREBY GIVEN that the City of Lodi, pursuant to the authority
vested in if by Section 87306 of the California Government Code, proposes
amendments to its Conflict of Interest Code. The purpose of these amendments is
to implement the requirements of Section 87300 through 87302 and Section 87306
of the Government Code.
The City of Lodi proposes to arnend its Conflict of Interest Code to include
positions that involve the making or participation in the making of decisions that
may foreseeably have a material effect on any financial interest, as set forth in
subdivision (s) of the Section 8730 of the Government Code. Specifically, the
proposed amendments will add positions that are newly created by the agency and
delete positions that are no longer used by the agency.
Copies of the proposed amended Conflict of Interest Code are
available for public review and may be requested from the Lodi City Clerk's
Office at (299) 333-8702. A 45 -day written comment period will be conducted
through January 5, 2021. Comments must be received by the City Clerk on
or before January 5, 2821 at 5:30 p.m. and may be mailed to the City Clerk at
P.O. Box 3006, Lodi, CA 95241; or emailed to the City Clerk at
'cusmir Jodi. ov.
The Dodi City Council will consider the adoption of the resolution approving Year
2020 Amendments to the Conflict of Interest Code at its regularly scheduled
meeting on January 6, 2021, at 7:00 p.m., or as soon thereafter as the matter may
be heard. City Council meetings are held virtually. Information on how to attend
may be found at www.lodi.gov or by calling (209) 333-6702.
Dated: November 19, 2020
Jennifer usmir
City Clerk