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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