HomeMy WebLinkAbout16-208 - Resolutions - CONFLICT OF INTEREST CODERESOLUTION NO. 16-208
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ADOPTING,
AFFIRMING, AND INCORPORATING BY REFERENCE THE
STANDARD CONFLICT OF INTEREST PROVISIONS OF
CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTION
18730 AND ADOPTING AMENDED AND UPDATED
APPENDICES TO THE CONFLICT OF INTEREST CODE OF THE
CITY OF RANCHO CUCAMONGA
WHEREAS, pursuant to the requirements of the California Political Reform Act (the "Act"),
Section 81000 of the California Government Code, all local governmental agencies must adopt
Conflict of Interest Codes applicable to every officer, employee, member or consultant of the
agency whose position entails the making or participating in the making of decisions that may
foreseeably have a material financial effect on any financial interest, and which code requires such
designated employees to disclose and disqualify themselves from making, participating in, or
attempting to influence such decisions; and
WHEREAS, the City has previously adopted the terms of California Code of Regulations
Title 2, Section 18730, the Conflict of Interest Code terms promulgated by the Fair Political
Practices Commission ("FPPC") by City of Rancho Cucamonga Resolution No. 14-222; and
WHEREAS, the City Council of the City of Rancho Cucamonga, as the Code Reviewing
body under the Act, adopts, affirms and incorporates by reference the standard Conflict of Interest
Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it
duly adopted by the FPPC; and
WHEREAS, the standard Conflict of Interest Code set forth in California Code of
Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC, along
with Appendix "I", amending the list of designated officials and including establishment of certain
positions, and Appendix "II" setting forth amended disclosure categories, does constitute the
Conflict of Interest Code of the City of Rancho Cucamonga; and
WHEREAS, subsequent changed circumstances within the City have made it advisable
and necessary pursuant to Section 87306 and 87307 of the Act to amend and update the City's
Conflict of Interest Code; and
WHEREAS, notice of the time and place of a public meeting on, and consideration by the
City Council of, the proposed amended Conflict of Interest Code was provided to each designated
position and publicly posted for review on the City website; and
WHEREAS, a public meeting was held upon the proposed amended Conflict of Interest
Code at a special meeting of the City Council on December 15, 2016, at which all present were
given an opportunity to be heard on the proposed amended Conflict of Interest Code;
NOW, THEREFORE, be it resolved the City Council of the City of Rancho Cucamonga,
California, hereby resolves:
Resolution No. 16-208
Page 1 of 9
1. The standard Conflict of Interest Code set forth in California Code of Regulations
Title 2, Section 18730 and any amendments to it duly adopted by the FPPC is
hereby incorporated by reference.
2. The amended list of designated positions subject to the requirements of the Conflict
of Interest Code are set forth in Appendix I and the disclosure categories are set
forth in Appendix II.
3. The standard Conflict of Interest Code set forth in California Code of Regulations
Title 2, Section 18730 and any amendments to it duly adopted by the FPPC and
the Appendices I and II constitute the Conflict of Interest Code for the City of Rancho
Cucamonga.
4. The City Council of the City of Rancho Cucamonga does hereby adopt the attached
Conflict of Interest Code (Exhibit A) and it's amended Appendix I.
Resolution No. 16-208
Page2of9
PASSED, APPROVED, AND ADOPTED this 15th day of December, 2016.
AYES: Alexander, Kennedy, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
n its Michael, Mayor
ATTEST:
Janie C. Reynolds, City erk
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolution was duly passed, approved and
adopted by the City Council of the City of Rancho Cucamonga, California, at a Special
Meeting of said City Council held on the 15th day of December 2016.
Executed this 15th day of December 2016, at Rancho Cucamonga, California.
ice C. Reynolds, City Clerk
Resolution No. 16-208
Page 3of9
EXHIBIT "A".
CITY OF RANCHO CUCAMONGA
CONFLICT OF INTEREST CODE
The Political Reform Act (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 (California Code of Regulations,
Title 2, Section 18730) that contains the terms of a standard conflict of interest code, which
can be incorporated by reference in an agency's code. After public notice and hearing,
the standard code may be amended by the Fair Political Practices Commission to conform
to amendments in the Political Reform Act. Therefore, the terms of California Code
of Regulations, Title 2, Section 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 positions and establishing disclosure
categories, shall constitute the Conflict of Interest Code of the City of Rancho Cucamonga.
Individuals holding designated positions shall file their statements of economic interests
with the City Clerk of the City of Rancho Cucamonga, which will make the statements
available for public inspection and reproduction (Gov. Code Sec. 81008). All statements
will be retained by the City Clerk.
Resolution No. 16-208
Page 4 of 9
APPENDIX "I"
DESIGNATED POSITIONS
Disclosure
Designated Position Categories
Accounting Manager 2, 5, 11, 12
Animal Care and Services Director 2, 3, 4, 5
Animal Center Manager 2, 3, 4, 5
Assistant City Engineer 2, 5, 6, 7
Assistant City Manager 2, 3, 4, 5
Assistant Library Director 2, 5, 15, 16
Assistant Planner 2, 5, 6, 7
Assistant to the City Manager 2, 3, 4, 5
Associate Planner 2, 5, 6, 7
Building and Safety Services Director 2, 5, 6, 7
Building and Safety Manager 2, 5, 6, 7
Building Inspection Supervisor 2, 5, 6, 7
City Attorney 1
City Clerk Services Director 2, 3, 4, 5
City Council Member 1
City Manager 1
City Planner 2, 5, 6, 7
City Treasurer 1
CIO/Director of Department of Innovation and Technology 2, 5, 13, 14
Communications Manager 2, 5, 8, 9
Community Improvement Manager 2, 5, 6, 7
Community Improvement Supervisor 2, 5, 6, 7
Fund Development Coordinator 2, 5, 8, 9, 15, 16
Community Services Director 2, 5, 8, 9
Community Services Manager 2, 5, 8, 9
Community Services Superintendent 2, 5, 8, 9
Consultant: Special Counsel 10
Cultural Arts Manager 2, 5, 8, 9
Deputy City Manager/Administrative Services 2, 3, 4, 5
Deputy City Manager/Civic & Cultural Services 2, 3, 4, 5
Deputy City Manager/Economic & Community Development Services 2, 3, 4, 5
Deputy Director of Department of Innovation and Technology 2, 3, 4, 5
Engineering Services Director/City Engineer 2, 5, 6, 7
Public Works Services Director 2, 5, 17, 18
Environmental Program Manager 2, 5, 6, 7
Facilities Superintendent 2, 5, 17, 18
Finance Director 2, 5, 11, 12
Finance Manager 2, 5, 11, 12
GIS Supervisor 2, 5, 13, 14
Historic Preservation Commissioner 2, 5, 6, 7
Human Resources Director 2, 5, 13, 14
Continued on page 5 4
Resolution No. 16-208
Page 5 0f 9
APPENDIX "I" CONTINUED
DESIGNATED POSITIONS
Disclosure
Designated Position Categories
Human Resources Manager 2, 5, 13, 14
Library Board of Trustees Member 2, 5, 15, 16
Library Director 2, 5, 15, 16
Library Services Manager 2, 5, 15, 16
Management Analyst III 2, 3, 4, 5,
Park and Recreation Commissioner 2, 5, 8, 9
Parks/Landscape Maintenance Superintendent 2, 5, 17, 18
Planning Commissioner 1
Planning Director 2, 5, 6, 7
Planning Manager 2, 5, 6, 7
Principal Engineer 2, 5, 6, 7
Principal Librarian 2, 5, 15, 16
Principal Management Analyst 2, 3, 4, 5
Principal Planner 2, 5, 6, 7
Procurement and Contracts Analyst 2, 5, 13, 14
Procurement Manager 2, 5, 13, 14
Risk Management Coordinator 2, 5, 13, 14
Senior Information Services Analyst 2, 5, 13, 14
Senior Civil Engineer 2, 5, 6, 7
Senior Park Planner- Community Services Department 2, 5, 8, 9
Senior Planner 2, 5, 6, 7
Senior Risk Management Analyst 2, 5, 13, 14
Street/Storm Drain Maintenance Superintendent 2, 5, 17, 18
Traffic Engineer 2, 5, 6, 7
Utility Division Manager 2, 5, 6, 7
Utility Operations Manager 2, 5, 6, 7
Resolution No. 16-208
Page 6 Of 9
APPENDIX "II"
DISCLOSURE CATEGORIES
Disclosure is required on FPPC Form 700 pursuant to Government Code Section
87200. No additional disclosure is required by this Conflict of Interest Code.
2. Reportable interest in Real Property in the jurisdiction. (FPPC Form 700, Schedule
B).
3. Reportable Income, Loans and Business Positions (income other than gifts and
travel payments). (FPPC Form 700, Schedule C).
4. Reportable Investments. (FPPC Form 700, Schedule A-1 and A2).
5. Reportable Income — Gifts — Travel Payments. (FPPC Form 700, Schedule E).
6. Reportable income, loans and business positions from persons and business
entities having an interest in real property in the jurisdiction or that provide, plan to
provide, or have provided within two years prior to the time a statement is required
under this conflict of interest code, services within the jurisdiction subject to the
inspection, review or approval of the Planning, Building & Safety, and Engineering
Departments. (FPPC Form 700, Schedule C).
7. Reportable investments in any business entities having an interest in real property
in the jurisdiction or that provide, plan to provide, or have provided within two years
prior to the time a statement is required under this conflict of interest code, services
within the jurisdiction subject to the inspection, approval or review of the Planning,
Building & Safety, and Engineering Departments. (FPPC From 700, Schedules A-
1 and A-2).
8. Reportable income, loans and business positions from persons and business
entities from which the City purchases, plans to purchase, or has purchased within
two years prior to the time a statement is required under this conflict of interest
code, supplies, materials, or services subject to the direction, supervision or control
of the Community Services Department. (FPPC Form 700, Schedule C).
9. Reportable investments in business entities from which the City purchases, plans
to purchase, or has purchased within two years prior to the time a statement is
required under this conflict of interest code, supplies, materials, or services subject
to the direction, supervision or control of the Community Services Department
(FPPC Form 700, Schedules A-1 and A-2).
Resolution No. 16-208
Page 7 of 9
10. For consultants who service in a staff capacity with the City, the consultant shall
disclose based on the disclosure categories assigned elsewhere in this code for
that staff position:
For consultants who do not serve in a staff capacity, the following disclosure
categories shall be used.
Persons required to disclose in this category shall disclose pursuant to
categories A, B, C and D below unless the Department Director determines in
writing that a particular consultant is hired to perform a range of duties that is
limited in scope and thus is not required to fully comply with the disclosure
requirements in categories A, B, .0 and D. Such written. determination shall include
a description of the consultant's duties and, based upon that description, a
statement of the extent of disclosure requirements. The Department Director'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.
A. Reportable interests in realproperty in .the jurisdiction.
(FPPC Form 700, Schedule B)
B. Reportable income, loans and business positions. (FPPC Form
700, Schedule C)
C. Reportable investments. (FPPC Form 700, Schedules A-1 and A-
2)
D. Reportable Income - gifts and travel payments. (FPPC Form 700,
Schedules D and El
11. Reportable income, loans and businesspositions from any financial institution in
which the City deposits funds, plans to deposit funds, or has deposited funds within
two years prior to the time any statement is required under this conflict of interest
code. (FPPC Form 700, Schedule C)
12. Reportable investments in any financial institution in which the City deposits funds,
plans to deposit funds, or has deposited funds within two years prior to the time
any statement is required under this conflict of interest code (FPPC Form 700,
Schedules A-1 and A-2)
13. Reportable income, loans and business positions from persons and business
entities from which the City purchases, plans to purchase, or has purchased within
two years prior to the time a statement is required under this conflict of interest
code, supplies, materials, or services subject to the direction, supervision or control
of the Administrative Services Group of departments. (FPPC Form 700, Schedule
C)
14. Reportable investments in business entities from which the City purchases, plans
to purchase, or has purchased within two years prior to the time a statement is
required under this conflict of interest code, supplies, materials, or services subject
to the direction, supervision or control of the Administrative Services Group of
departments. (FPPC Form 700, Schedules A-1 and A-2)
Resolution No. 16-208
Page 8 of 9
15. Reportable income, bans and business positions from persons and business
entities from which the Library purchases, plans to purchase, or has purchased
within two years prior to the time a statement is required under this conflict of
interest code, supplies, materials, or services subject to the direction, supervision
or control of the Library. (FPPC Form 700, Schedule C)
16. Reportable investments in business entities from which the Library purchases,
plans to purchase, or has purchases within two years prior to the time a statement
is required under, this conflict of interest code, supplies, materials, or services
subject to the direction, supervision or control of the Library. (FPPC Form 700,
Schedules A-1 and A-2)
17. Reportable income, loans and business positions from persons and business
entities having an interest in real property in the jurisdiction or that provide, plan to
provide, or have provided within two years prior to the time a statement is required
under this conflict of interest code, services within the jurisdiction subject to the
inspection, review or approval of the Public Works Services Department. (FPPC
Form 700, Schedule C)
18. Reportable investments in any business entities having an interest in real property
in the jurisdiction or that provide, plan to provide, or have provided within two years
prior to the time a statement is required under this conflict of interest code, services
within the jurisdiction subject to the inspection, approval or review of the Public
Works Services Department. (FPPC Form 700, Schedules A-1 and A-2)
Resolution No. 16-208
Page 9 of 9