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Home My WebLink About2022-093 - Resolution RESOLUTION NO. 2022-093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AS THE CODE REVIEWING BODY PURSUANT TO THE CALIFORNIA POLITICAL REFORM ACT, APPROVING THE CONFLICT OF INTEREST CODE FOR THE RANCHO CUCAMONGA EIFD PUBLIC FINANCING AUTHORITY WHEREAS, pursuant to Government Code Sections 87300 and 87302, the Rancho Cucamonga EIFD Public Financing Authority("RC EIFD Public Financing Authority") has adopted and incorporated by reference the terms of the standard model conflict of interest code adopted by the Fair Political Practices Commission (FPPC) by Title 2, Division 6, California Code of Regulations, Section 18730, and a list setting forth(1)designated positions of officers, employees, and consultants; and (2) required conflict of interest disclosure categories for the RC EIFD Public Financing Authority; and WHEREAS, on May 10, 2022, the RC EIFD Public Financing Authority adopted Resolution No. PFA 2022-001, approving the RC EIFD Public Financing Authority Conflict of Interest Code; and WHEREAS, the City Council, as the code reviewing body pursuant to Government Code Section 82011(c), must approve the Conflict of Interest Code for the RC EIFD Public Financing Authority; and WHEREAS, the list of designated positions and reportable disclosure categories of the RC EIFD Public Financing Authority, as set forth in Appendix I and Appendix II attached hereto; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, as follows: 1. In accordance with Government Code Sections 87300 and Section 87302, the Conflict of Interest Code for the RC EIFD Public Financing Authority is approved in its entirety by this Resolution and the appendices attached hereto. 2. 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 ll constitute the Conflict of Interest Code for the RC EIFD Public Financing Authority. 3. Persons holding designated positions listed in the attached Appendix I, including temporary employees of the RC EIFD Public Financing Authority, and consultants who are required to disclose pursuant to Appendix II, must file the Form 700 — Statement of Economic Interests when required by the California Political Reform Act or notified to do so by the City Clerk or designee or by the terms of an employee or consultant agreement with the RC EIFD Public Financing Authority in accordance with the Act. 4. Nothing in this Resolution should be construed to allow any consultant retained by the RC EIFD Public Financing Authority to make or participate in making or in any way attempt to influence a governmental decision in which he or she knows or has reason to know he or she has a financial interest. Disqualification in the event of a conflict of interest is governed by the California Political Reform Act in Section 87100 and following of the Government Code and its Regulations. Resolution No. 2022-093— Page 1 of 6 5. All agreements with consultants, whether or not such a consultant is required to file a disclosure statement in accordance with this Resolution, shall provide that the consultant shall avoid all conflicts of interest or appearances of conflicts of interest in performing the agreement. Resolution No. 2022-093— Page 2 of 6 PASSED, APPROVED, and ADOPTED this 20th day of July 2022. L. Dennis ichael, Ma r ATTEST: , ,a...1.-.i e• "/i zeck nice C. Reynolds, Cit Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 20th day of July 2022. AYES: Hutchison, Kennedy, Michael, Scott NOES: None ABSENT: None ABSTAINED: None Executed this 21st day of July, 2022, at Rancho Cucamonga, California. all e' 04dC14 %nice C. Reynolds, City Clerk Resolution No. 2022-093 — Page 3 of 6 APPENDIX "I" DESIGNATED POSITIONS Designated Positions Disclosure Categories Member of Board of Directors 1, 2, 3, 4 Member of Board of Directors (Alternate) 1, 2, 3, 4 Executive Director 1, 2, 3, 4 General Counsel 1, 2, 3, 4 Consultants 5 Resolution No. 2022-093— Page 4 of 6 APPENDIX "II" DISCLOSURE CATEGORIES Designated positions must report financial interests in accordance with the assigned disclosure categories. Category 1: Persons in this category shall disclose interests in real property located within the jurisdiction of the Rancho Cucamonga Enhanced Infrastructure Financing District. Real property shall be deemed within the Rancho Cucamonga EIFD Public Financing Authority's ("Authority") jurisdiction if the property or any part of it is located within two miles of the borders of the Rancho Cucamonga Enhanced Infrastructure Financing District, or within two miles of any land owned or used by the Authority. Designated persons are not required to disclose property used primarily as their principal residence. Category 2: Persons in this category shall disclose reportable income from persons or business entities that have contracted with the Authority, or that provide, plan to provide, or have provided within two years from the time a statement is required under this Conflict of Interest Code, contractual services, or other services, supplies, materials or equipment of the type utilized by the Authority. Category 3: Persons in this category shall disclose reportable investments in business entities that contract with the Authority or that provide, plan to provide or have provided within two years from the time a statement is required under this Conflict of Interest Code, contractual services, or other services, supplies, materials or equipment of the type utilized by the Authority. Category 4: Persons in this category shall disclose reportable business positions in business entities that contract with the Authority or that provide, plan to provide or have provided within two years from the time a statement is required under this Conflict of Interest Code, contractual services, or other services, supplies, materials or equipment of the type utilized by the Authority. Category 5: See following page for designated consultants and disclosure categories. Resolution No. 2022-093— Page 5 of 6 • • Designated Consultants' Disclosure Requirements Consultants who make (not just All reportable interests in real property in recommend) governmental decisions, the jurisdiction; reportable income and such as whether to approve a rate, rule, business positions; reportable or regulation, whether to issue, deny, investments; and reportable gifts, unless suspend, or revoke any permit, license, the Executive Director determines in application, certificate or similar writing that a particular consultant is hired authorization, adopt or grant approval to a to perform a range of duties that is limited plan, design, report, study, or adopt or in scope and thus is not required to fully grant approval of policies, standards, or comply with the disclosure requirements guidelines for the Authority. described in the section.2 Consultants who serve in a staff Disclosure required at the same level as capacity with the Authority, and in that a comparable designated position capacity participate in making a identified elsewhere in this Code. governmental decision by providing information, an opinion, or a recommendation for the purpose of affecting the decision without significant intervening substantive review. Consultants who perform the same or Disclosure required at the same level as substantially all the same duties for the comparable designated position the Authority that would otherwise be identified elsewhere in this Code. performed by an individual holding a designated position in this Conflict of Interest Code. Not all outside contractors meet the consultant definition in FPPC Regulation 18700.3, as described above. Form 805, Agency Report of Consultants, will be used by the Authority Secretary to determine disclosure requirements. 1 When the consultant is a corporation or partnership, only individuals who fit into one of the three categories of "Designated Consultants" must file disclosure statements. 2 If the Executive Director determines in writing that a particular consultant is not required to fully comply with the requisite disclosure requirements, then such written determination shall include a description of the consultants duties and, based upon that description, a statement of the extent of disclosure requirements. The Executive 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. Resolution No. 2022-093— Page 6 of 6