R 3949
RESOLUTION NO. 3949
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AMENDING THE CITY OF ARROYO GRANDE'S CONFLICT OF
INTEREST CODE INCLUDING AN AMENDED APPENDIX OF
DESIGNATED POSITIONS AND APPENDIX OF DISCLOSURE
CATEGORIES
WHEREAS, the Political Reform Act of 1974 (California Government Code Sections 81000
et. seq.,) requires that governmental entities in the State of California to 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
financial 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, it is necessary to make the following changes to the Appendix of Designated
Positions in the City's Conflict of Interest Code: .
1. Add the position of Assistant Engineer.
2. Add the position of Senior Engineer.
3. Add the position of Historic Resources Committee Member.
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 financial
interests which should be disclosed.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
does hereby approve the amendments to the City's Conflict of Interest Code as follows:
1. The City's "Appendix of Designated Positions" is hereby amended and replaced
in its entirety as Exhibit "A", attached hereto and incorporated herein by this
reference.
2. The City's "Appendix of Disclosure Categories", attached hereto as Exhibit "B"
and incorporated herein by this reference, is approved.
BE IT FURTHER RESOLVED that this Resolution supersedes Resolution No. 3776
adopted September 14, 2004.
RESOLUTION NO. 3949
PAGE 2
On motion by Council Member Arnold, seconded by Council Member Costello, and on the
following roll call vote, to wit:
AYES:
NOES:
ABSENT:
Council Members Arnold, Costello, Dickens, Guthrie, and Mayor Ferrara
None
None
The foregoing Resolution was passed and adopted this 1 ih day of September 2006.
RESOLUTION NO. 3q~9
PAGE 3
TON
ATTEST:
APPROVED AS TO CONTENT:
~----_. --..
"- '. ;:;::r:/--> u
STEVEN ADAMs;GITY MANAGER
APPROVED AS TO FORM:
r;;,v~ //~
TIMOTHY J~ARMEL, CITY ATTORNEY
I
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. It can be incorporated by reference and may be amended by the Fair Political
Practices Commission after public notice and hearings 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, an along with the attached Appendices in which
members and employees are designated and disclosure categories are set forth,
constitute the conflict of interest code of the City of Arroyo Grande.
Pursuant to Section 4(A) of the standard code, designated employees shall file
statements of economic interests with the City of Arroyo Grande. Upon receipt of the
statements of the designated employees, the City Clerk shall retain the originals and
make them available for public inspection.
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:
Desiqnated Position:2
Director of Public Works
Assistant City Engineer
Associate Engineer
Assistant Engineer
Senior Engineer
Public Works Inspector
Director of Building and Fire
Fire Division Chief
Building Official
Building and Fire Safety Inspector
Police Chief
Police Commander
Director of Parks, Recreation & Facilities
Director of Financial Services
Accounting Supervisor
Director of Administrative Services
Human Resources Manager
Director of Community Development
Associate Planner
Assistant Planner
Neighborhood Services Coordinator
City Clerk
Executive Assistant-City Administration
Assistant City Attorney
Traffic Commission Member
Parks and Recreation Commission Member
Senior Advisory Commission Member
Architectural Review Commission Member
Downtown Parking Advisory Board Member
Historic Resources Committee Member
Consultants3
ExemplOfficials'
Disclosure Cateqorv:
1
1
1
2
2
2
1
2
1
1
1
2
1
1
1
1
2
1
1
1
1
1
2
1
1
1
1
1
1
1
1
1
2 In the event that State law or regulations regarding the fiiing 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 shall be included in the list of designated employees and shall disclose pursuant to the
broadest disclosure category in the code subject to the following limitations. The City manager may
determine in writing that a particular consultant, although a "designated position", is hired to perform a
range of duties that is limited in scope and this is not required to full comply with the disclosure
requirement described in this Section. Such written determination shall include a description of the
consultant's dutues 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 by the City Clerk in the same manner and location as this Conflict of Interest Code.
· 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.
EXHIBIT "B"
APPENDIX OF DISCLOSURE CATEGORIES
DesiGnated Persons in CateGory "1" Must Report:
All investments, interests in real property, income, and any business entity
in which the person is a director, officer, partner, trustee, employee, or holds any
position of management. These financial interests are reportable only if located
within and subject to the jurisdiction of the City, or if the business entity is doing
business or planning to do business in an area subject to the jurisdiction of the
City, or has done business within an area subject to the jurisdiction of the City at
any time during the two years prior to the filing of the statement.
DesiGnated Persons in CateGory "2" Much Report"
a) All investments in real property located within or subject to the
jurisdiction of the City.
b) Investments in any business entity which within the last two years
has contracted or in the future foreseeably may contract with the
City.
c) Income from any source which within the last two years has
contracted or in the future foreseeably may contract with the City.
d) His or her status as a director, officer, partner, trustee, employee,
or holder of a position of management in any business entity which
within the last two years has contracted or in the future foreseeably
may contract with the City.
OFFICIAL CERTIFICATION
I, KELLY WETMORE, 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. 3949 is a true, full, and correct copy of said Resolution passed and
adopted at a regula"r meeting of the City Council of the City of Arroyo Grande on the 12th
day of September 2006.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th day of
September 2006.
lA1~
RE, CITY CLERK