HomeMy WebLinkAbout18-113 - Resolution RESOLUTION NO. 18-113
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, 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. 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 "ll" 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 regular meeting of the City Council on November 21, 2018, 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. 18-113 - Pare 1 of 9
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. 10-113 - Page 2 of 9
PASSED, APPROVED, AND ADOPTED this 21St day of November, 2018.
Dennis Michael, Mayor
ATTEST:
zwo ,
jce C. Reynolds, CIA
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 21St
day of November 2018.
AYES: Alexander, Kennedy, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 21St day of November, 2018, at Rancho Cucamonga, California.
Ja ice C. Reynolds, Clerk
Resolution No. -i 8-113 - Page 3 of 9
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. 18-113 - 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
Communications & Marketing Officer 2, 5, 8, 9
Community Improvement Manager 2, 5, 6, 7
Community Improvement Supervisor 2, 5, 6, 7
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: 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
Resolu,ion No. 18-1-13 - Page 5 of 9
Continued on page 5 4
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
Reso ution No. 18-113 - Page 6 of 9
APPENDIX "II"
DISCLOSURE CATEGORIES
1. 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. 18-113 - 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, C 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 real property 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 - ig fts and travel payments. (FPPC Form 700,
Schedules D and El
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)
Resolution No. 8-1 13 - Page 8 of 9
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. 13-113 - Page 9 of 9