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R 3396 ,. RESOLUTION NO. 3396 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A REVISED CONFLICT OF INTEREST CODE INCLUDING AN AMENDED APPENDIX OF 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 Conflict of Interest Codes; and WHEREAS, in 1987 the City of Arroyo Grande adopted a standardized Conflict of I I Interest Code, incorporating by reference the terms of Title 2 of the California Code of Regulations, Section 18730 et. seq., which contains 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 government 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 change is necessitated.. by changed circumstances;, and WHEREAS, it is necessary to make the following additions and changes to the Appendix of Designated Positions in the City's Conflict of Interest Code: 1. Add the position of Management Assistant. 2. Add the position of Director of EconQmic Development. 3. Add the position of Director of Administrative Services. 4. Change the title of Code Enforcement Officer/Construction Inspector to Code Enforcement Officer. 5. Add the position of Public Works Inspector. WHEREAS, the City Council has determined that the attached Appendices, marked "Exhibit A" and "Exhibit 8", respectively, both of which are incorporated herein by this reference, accurately sets 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 adopt a revised Conflict of Interest Code with the above additions and changes to the Appendix of Designated Positions; and, BE IT FURTHER RESOLVED, that this Resolution supersedes Resolution No. 3329 adopted in September, 1998. - RESOLUTION NO. 3396 PAGE 2 On motion by Council Member Ferrara, seconded by Council Member Runels, and on the following roll call vote, to wit: AYES: Council Members Ferrara, Runels, Tolley, Dickens, and Mayor Lady NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 28th day of September, 1999. RESOLUTION NO. 3396 PAGE 3 MIC~~L~ ATTEST: IJ4U~ RE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: LL(U L. ~ ROBERT L. HUNT, CITY MANAGER APPROVED AS TO FORM: . --- -----.---------.. -..-- 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, and along with the attached Appendices in which members and employees are designated and disclosure categories are s~t 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 Director of Administrative Services/Deputy City Clerk shall retain the originals and make them available for public inspection. ~. EXHIBIT "A" APPENDIX OF DESIGNATED POSITIONS Designated Positions Assigned Disclosure Categories 1. Director of Community Development 1 2. Associate Planner 2 3. Code Enforcement Officer 1 4. Director of Public Works 1 5. Deputy Director; Public Works 1 6. Public Works Inspector 1 7. Associate Engineer 2 8. Chief Building Inspector 1 9. Building and Fire Safety Inspector 1 10. Director of Building and Fire 1 11. Fire Division Chief 2 12. Police Chief 1 13. Police Commander 2 14. Director of Parks and .Recreation 1 15. Director of Financial Services 1 16. Business License Clerk 6 17. Assistant City Attorney 1 18. Director of Economic Development 1 19. Director of Administrative Services 1 20. Management Assistant 2 21. Executive Assistant-City Administration 2 22. City Clerk 1 23. Traffic Commission Member 5 24. Downtown Parking Advisory Board Member 6 25. Parks and Recreation Commission Member 5 26. Senior Advisory Commission Member 5 27.Architectural Review Committee Member 5 28. Consultants. 1 * Consultants shall" be included in the list of designated employees and shall disclose pursuant to the broadest 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 is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. 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. NOTE: The Mayor, City Council, candidates for City offices, City Manager, City Attomey, City Treasurer, and members of the Planning Commission are mandated by State law (Govemment Code Sections 87200 through 87210) to file their Statements of Economic Interests. ~-- "EXHIBIT B" APPENDIX OF DISCLOSURE CATEGORIES 1. Persons in this category must disclose all investments and business positions in business entities, all sources of income, and all interests in real property. 2. Persons in this category must disclose all sources of income; business positions in business entities; investments which pertain to a business entity or activity dealing with realproperty,* and all interests in real property. 3. Persons in this category must disclose business positions in business entities;. investments and income which pertain to a business entity or activity dealing with real property. · 4. Persons in this category must disclose interests in real property where the property is located within the boundaries of the City; business positions in business entities; investments, and income from sources which provide services, supplies, materials, machinery or equipment of the type utilized by the City in any public works project. 5. Persons in this category must disclose .interests in real property where the property is located within the boundaries of the City; business positions in business entities; . investments and income which pertain to a business entity or activity dealing with real property.. 6. Persons in this category must disclose investments which pertain to a business entity conducting a business in the City which requires a business license therefor pursuant to ordinances of the City. . A Business Entity or Activity Dealing With Real Property Includes: The sale, p'urchase, exchange, lease or rental, financing for its own account or as a broker of real property, or the development, syndication, subdivision of real property, or construction thereon, of buildings or structures. . ,. RESOLUTION NO. 3396 OFFICIAL CERTIFICATION I, KELLY WETMORE, Director of Administrative Services/Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that Resolution No. 3396 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 28th day of September, 1999. WITNESS my hand and the Seal of the City of.Arroyo Grande affixed this 30th day of September, 1999. tf10rL5L- RE, ADMINISTRATIVE SERVICES DIRECTOR! DEPUTY CITY CLERK ~---. ..._---_._.._--~-"-_.--. ...--....--- ---.-..,---- - .--~-