R 5223 RESOLUTION NO. 5223
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE APPROVING AN AMENDED CONFLICT OF INTEREST
CODE FOR DESIGNATED POSITIONS
WHEREAS, the Political Reform Act of 1974 (California Government Code Sections 81000 et seq.,)
requires that governmental entities in the State of California adopt and promulgate a Conflict of
Interest Code; and
WHEREAS, in 1987 the City of Arroyo Grande adopted a standardized Conflict of Interest Code,
incorporating by reference the terms of Title 2 of the California Code of Regulations, Sections 18730
et seq., which contain the terms of a Standard Conflict of Interest Code; an Appendix of Designated
Positions listing employees, officials, and consultants who make or participate in the making of
decisions that may foreseeably have a material effect on their economic interests, and an Appendix of
Disclosure Categories assigned to the Designated Positions; and
WHEREAS, the Political Reform Act requires every local agency to review its Conflict of Interest
Code biennially to determine if it is accurate and up-to-date or, to make amendments to the Code
when necessitated by changed circumstances; and
WHEREAS, certain positions within the City of Arroyo Grande have been upgraded, added,
reclassified, or removed which requires the Conflict of Interest Code to be amended; and
WHEREAS, the City Council has determined that the attached Appendices, marked Exhibit "A" and
Exhibit "B", respectively, both of which are incorporated herein by this reference, accurately set forth
those positions which should be designated and categories of economic interests which should be
disclosed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows:
1. The above recitals are true, correct, and are incorporated herein by reference.
2. The City's "Appendix of Designated Positions" is hereby amended and replaced in its
entirety with Exhibit "A", attached hereto and incorporated herein by this reference.
3. The City's "Appendix of Disclosure Categories," attached hereto as Exhibit "B" and
incorporated herein by this reference, is hereby approved.
BE IT FURTHER RESOLVED that the terms of 2 California Code of Regulations Sections 18730 et
seq., duly adopted by the Fair Political Practices Commission, are hereby incorporated by reference
and with the attached Exhibits "A" & "B" shall constitute the Conflict of Interest Code of the City of
Arroyo Grande.
RESOLUTION NO. 5223
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BE IT FURTHER RESOLVED that this Resolution supersedes Resolution No. 5033 adopted
September 22, 2020.
On motion of Council Member Storton, seconded by Mayor Ray Russom, and by the following roll call
vote, to wit:
AYES: Council Members Storton, Paulding, Barneich, George, and Mayor Ray Russom
NOES: None
ABSENT: None
The foregoing Resolution was approved this 27th day of September, 2022.
RESOLUTION NO.5ka3'
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a
CAREN RAY RU SOM MAYOR
ATTEST:
JSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
WHITNEY M +ONALD, ITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
RESOLUTION NO. 5223
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CONFLICT OF INTEREST CODE
FOR THE CITY OF ARROYO GRANDE
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, 2 California Code of
Regulations Section 18730, which 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, it
may be amended by the Fair Political Practices Commission to conform to amendments in the
Political Reform Act.
Therefore, the terms of Title 2 of the California Code of Regulations Section 18730 and any
amendments to it duly adopted by the Fair Political Practices Commission are hereby
incorporated by reference, and along with the attached a ppendices, Exhibit "A" and Exhibit "B",
in which positions are designated and disclosure categories are set forth, constitute the conflict
of interest code of the City of Arroyo Grande, which is considered the "agency" within the purview
of this code.
Designated employees, committees, commissions, boards, and consultants shall file statements of
economic interests with the City Clerk of the City of Arroyo Grande, who shall be and will perform
the duties of filing officer for the City of Arroyo Grande and who will make the statements
available for public inspection and reproduction (Gov. Code Section 81008). Upon receipt of
the statements of those positions designated in Government Code Section 87200 (members of the City
Council and Planning Commission, City Manager, City Attorney, and City Treasurer), the City
Clerk shall make and retain a copy and forward the original of these statements to the Fair
Political Practices Commission. Statements of all other designated positions will be retained by
the City Clerk in accordance with State law.
RESOLUTION NO. 5223
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EXHIBIT "A"
APPENDIX OF DESIGNATED POSITIONS
The following positions entail the making or participation in the making of decisions which may
foreseeably have a material effect on financial interests:
Designated Position:2 Disclosure Category:
Management Analyst 1, 3
Assistant City Manager/Public Works Director 1, 2, 3
Capital Improvement Project Manager 1, 2, 3
Utilities Manager 1, 3
Public Works Manager 1, 3
Public Works Supervisor 1, 3
Director of Community Development 1, 2, 3
Planning Manager 1, 2, 3
Associate Planner 1, 2, 3
Assistant Planner 1, 2, 3
City Engineer 1, 2, 3
Senior Engineer 1, 2, 3
Associate Engineer 1, 2, 3
Assistant Engineer 1, 2, 3
Engineering Inspector 1, 2, 3
Building Official 1, 2, 3
Building and Fire Safety Inspector 1, 2, 3
Director of Legislative and Information Services/City Clerk 1, 3
Information Technology Manager 1, 3
Deputy City Clerk/Communications Coordinator 1, 3
Police Chief 1, 2, 3
Police Commander 1, 2, 3
Director of Administrative Services 1, 2, 3
Accounting Manager 1, 3
Human Resources Officer 1, 3
Director of Recreation Services 1, 2, 3
Assistant City Attorney 1, 2, 3
Deputy City Attorney 1, 2, 3
Architectural Review Committee Member 1, 2, 3
Downtown Parking Advisory Board Member 1, 2, 3
Tourism Business Improvement District Board Member 1, 2, 3
Successor Agency Board Member 1, 2, 3
Consultants3 Determined on case by case basis
Exempt Officials4 1, 2, 3
2 In the event that State law or regulations regarding the filing of Conflict of Interest Statements should be amended, this Exhibit
shall be changed to include the designated position and category of each official as required by said amendment.
3 Consultants: An individual is a consultant if the person serves in a staff capacity with the agency and in that capacity performs
the same or substantially all the same duties for the agency that would otherwise be performed by a person holding a position
specified or that should be specified in the City's Conflict of Interest Code. The City Manager and/or the City Attorney may
determine in writing that a particular consultant, although a "designated position", is hired to perform a range of duties that are
limited in scope and thus is not required to fully comply with the disclosure requirements described herein. 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 and/or the City Attorney'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.
4 Exempt Officials include the Mayor, Members of the City Council, candidates for City offices, Members of the Planning
Commission, City Manager, City Attorney, and City Treasurer who are all otherwise required to file disclosure statements
pursuant to State Law.
RESOLUTION NO. 5223
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EXHIBIT "B"
APPENDIX OF DISCLOSURE CATEGORIES
CATEGORIES OF DISCLOSURE FOR
DESIGNATED POSITIONS
The following shall be the categories of disclosure covered by this Policy:
1. Investments
California Fair Political Practices Committee ("FPPC") Form 700,
Schedules A-1 and A-2
2. Interests in Real Property
FPPC Form 700, Schedule B
3. Income & Business Positions
FPPC Form 700, Schedule C, D, and E
The officials and employees covered by this policy shall each disclose the categories 1, 2, and 3 as
designated herein above set forth.
OFFICIAL CERTIFICATION
I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 5223 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 27th day of September, 2022.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 41h day of
October, 2022.
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SICA MATSON, CITY CLERK