HomeMy WebLinkAbout2022-127 - ResolutionRESOLUTION NO.2022-127
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 AMENDING APPENDIX I AND II, TO
ACCOUNT FOR THE ADDITION, DELETION AND MODIFICATION OF
POSITIONS LISTED AS "DESIGNATED POSITIONS" 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. 2020-099; 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
WHEREAS, a public meeting was held upon the proposed amended Conflict of Interest
Code at a regular meeting of the City Council on October 4, 2022, at which all present were given
an opportunity to be heard on the proposed amended Conflict of Interest Code;
NOW, THEREFORE, BE IT RESOLVED by the City..Council of the City of Rancho
Cucamonga, California, as follows:
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.
Resolution No. 2022-127 - Page 1 of 8
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 Appendix I and II.
PASSED, APPROVED, and ADOPTED this 4' day of October 2022.
L"Dennis Michael,
ATTEST:
rr - C. Reynolds,-
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 an Adjourned Regular Meeting of said Council held on the 4th day of
October 2022.
AYES: Hutchison, Kennedy, Michael, Scott
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 5th day of October, 2022, at Rancho Cucamonga, California.
F-O!- C. Reynolds,�J -
Resolution No. 2022-127 — Page 2 of 8
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. 2022-127 - Page 3 of 8
APPENDIX "I"
DESIGNATED POSITIONS
Disclosure
Designated Position
Categories
Animal Care and Services Director
2, 3, 4, 5
Animal Center Manager
2, 3, 4, 5
Assistant City Manager
2, 3, 4, 5
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
Chief Information Security Officer (CISO)
2, 5, 13, 14
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
Community Affairs Manager
2, 5, 8, 9
Community Affairs Officer
2, 5, 8, 9
Community Affairs Senior Coordinator
2, 5, 8, 9
Community Improvement Manager
2, 5, 6, 7
Community Improvement Supervisor
2, 5, 6, 7
Community Parks and Landscape Citizens' Oversight Committee Member
2, 3 , 4 , 5
Cultural Center Manager
2, 5, 8, 9
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
10
Consultant: Special Counsel
10
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 City Clerk Services
2, 3, 4, 5
Deputy Director of Animal Care and Services
2, 3, 4, 5
Deputy Director of Building and Safety
2, 5, 6, 7
Deputy Director of Community Services
2, 5, 8, 9
Deputy Director of Engineering Services/Assistant City Engineer
2, 5, 6, 7
Deputy Director of Engineering Services/Utilities and Environmental
2, 5, 6, 7
Deputy Director of Finance
2, 5, 11, 12
Deputy Director of Human Resources
2, 5, 13, 14
Deputy Director of Innovation and Technology
2, 5, 13, 14
Deputy Director of Library Services
2, 5, 15,16
Deputy Director of Planning
2, 5, 6, 7
Deputy Director of Public Works Services
2, 5, 17,18
Resolution No. 2022-127 - Page 4 of 8
APPENDIX "I" CONTINUED
DESIGNATED POSITIONS
Disclosure
Designated Position Categories
Director of Planning and Economic Development
2, 5, 6, 7
Engineering Services Director/City Engineer
2, 5, 6, 7
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
Information Technology Operations Supervisor
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 11 (Revenue Management)
2, 5, 11, 12
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 Accountant
2, 5, 11, 12
Principal Engineer
2, 5, 6, 7
Principal Civil Engineer/Assistant City 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
Public Art Committee Member
2, 3, 4, 5
Public Works Services Director
2, 5, 17, 18
Revenue Manager
2, 5, 11,12
Risk Management Coordinator
2, 5, 13,14
Senior Information Services Analyst
2, 5, 13,14
Senior Information Technology 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 Operations Manager
2, 5, 6, 7
*California Government Code 87200 Code Filers
Resolution No. 2022-127 - Page 5 of 8
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 D and
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. 2022-127 - Page 6 of 8
10. Designated Consultants'
Consultants who make (not just
recommend) governmental
decisions, such as whether to
approve a rate, rule, or regulation,
whether to issue, deny, suspend, or
revoke any permit, license,
application, certificate or similar
authorization, adopt or grant City
approval to a plan, design, report,
study, or adopt or grant City
approval of policies, standards, or
guidelines for the City or any
subdivision thereof.
Consultants who serve in a
staff capacity with the City, and
in that capacity participate in
making a 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 substantially all the
same duties for the City that
would otherwise be performed by
an individual holding a designated
position in the City's Conflict of
Interest Code.
Disclosure Requirements
All reportable interests in real
propert in the jurisdiction;
reportable income and business
positions; reportable investments;
and reportable gifts, unless the
City Manager 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
described in the section.2
Disclosure required at the same
level as a comparable designated
position in the same or similar
City Department identified
elsewhere in this Code.
Disclosure required at the same
level as the comparable
designated position identified
elsewhere in this 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 Department Director 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 City Manager 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
consultant's duties and, based upon that description, a statement of the extent of disclosure
requirements. The City Manager'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. 2022-127 - Page 7 of 8
11. Reportable income, loans and business positions 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)
15. Reportable income, loans 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. 2022-127 - Page 8 of 8