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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