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R 4621RESOLUTION NO. 4621 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE CITY OF ARROYO GRANDE'S CONFLICT OF INTEREST CODE INCLUDING AMENDED APPENDICES OF DESIGNATED POSITIONS AND 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 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 reclassified, added and /or eliminated 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 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 with 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 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 Appendices shall constitute the Conflict of Interest Code of the City of Arroyo Grande. BE IT FURTHER RESOLVED that this Resolution supersedes Resolution No. 4483 adopted September 11, 2012. RESOLUTION NO. 4621 PAGE 2 On motion by Council Member Brown, seconded by Council Member Barneich, and on the following roll call vote, to wit: AYES: Council Members Brown, Barneich, Costello, Guthrie, and Mayor Ferrara NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 9th day of September, 2014. RESOLUTION NO. PAGE 3 MAYOR n KELLY_WETI9ORE, CITY CLERK APPROVED AS TO CONTENT: STEVEf4 ADAMS, CITY MANAGER APPROVED AS TO FORM: TIM THY J. C EL, CITY ATTORNEY 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 Appendices in which officials and employees 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. Officials and designated employees 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 the City Council, 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 officials and designated employees will be retained by the City Clerk in accordance with State law. 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 City Engineer Capital Projects Engineer Associate Engineer Assistant Engineer Senior Engineer Building Official Building and Fire Safety Inspector Police Chief Police Commander Director of Public Works Director of Administrative Services Director of Recreation Services Accounting Supervisor Director of Legislative and Information Services /City Clerk Information Technology Manager Human Resources Manager Director of Community Development Planning Manager Associate Planner Assistant Planner Executive Assistant /Deputy City Clerk Assistant City Attorney Deputy City Attorney Architectural Review Committee Member Downtown Parking Advisory Board Member Historical Resources Committee Member Parks and Recreation Commission Member Traffic Commission Member Successor Agency Board Member Consultants3 Exempt Officials4 Disclosure Category: A,B,C A,B,C A,B,C A,B,C A,B,C A,B,C A,B,C A,B,C A,B,C A,B,C A,B,C A,B,C A,C A,C A,C A,C A,B,C A,B,C A,B,C A,B,C A,C A,B,C A,B,C A,B,C A,B,C A,B,C A,B,C A,B,C A,B,C Determined on case by case basis A,B,C 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 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 limitation. The City Manager 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 herin. 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. 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. EXHIBIT "B" APPENDIX OF DISCLOSURE CATEGORIES CATEGORIES OF DISCLOSURE FOR DESIGNATED POSITIONS The following shall be the categories of disclosure covered by this Policy: A. Investments California Fair Political Practices Committee ( "FPPC ") Form 700, Schedules A -1 and A -2 B. Interests in Real Property FPPC Form 700, Schedule B C. Income & Business Positions FPPC Form 700, Schedule C, D, and E The officials and employees covered by this policy shall each disclose the categories A, B, and C as designated herein above set forth. 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. 4621 is a true, full, and correct copy _of said Resolution passed and adopted at a Regular meeting of the City Council of the City of Arroyo Grande on the 9th day of September, 2014. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 9th day of September, 2014. KELLY WLTMQ#E, CITY CLERK