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R 2186 i 197 I RE~OLUT(ON NO. 2186 A RESOLUfION ADOPTING A STANDARDIZED CONFLICT OF INTEREST CODE FOR OESIGNATED EMPLOYEES OF TliE C!TY OF ARROYO GRANOE AND REPEALING RESOLUTION NO. 1302 WHEREAS, tilt: Political Reform Act of 1974, California Government Code Sections 81000-91015 require that governmental entities in the State of California adopt Conflict of Interest Codes; and WHEREAS, said Act requires that local governmental entities include within the provisions of Conflict of Interest Codes certain employees who make-or participate in the making of decisions which may foreseeably have a material effect on financial interest; and WHEREAS, a Conflict of Interest Code adopted pursuant to the Political Reform Act consists of two basic parts, (1) the body of the Code which contains the basic provisions including the manner of reporting financial interests and the procedure for filing Statements of Economic Interests, and (2) the appendix of the Code which lists the positions of the designated employees of the agency and the correspondin9 disclosure categories for eaCh position; and WHEREAS, State of California Fair Political Practices Commission Regulation 18730 contains provisions for the body of a Conflict of Interest Code which are standardized to be applicable to all agencies; and WHEREAS, Incorporating Regulation 18730 by reference as the body of-the City of Arroyo Grande's Conflict of Interest Code would mean that all changes to the financial disclosure provis)ons of the Political Reform Act and Regulation 18730 would automatically be a part of the City's Code; and WHEREAS, the City's Code would always be up to date and in compliance with the law; and WHEREAS, the fair Political Practices Commission gives notice of all changes to Regulation 18730, and the City of Arroyo Grande would be given an opportunity to comment on the changes before the Commission adopts them. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby repeal in its entirety Resolution 1302 Conflict of Interest Code Applicable to the City's Planning Commission and Designated Employees. BE IT FURTHER RESOLVED that the City Council of the City of Arroyo Grande does hereby adopt a Standardized Conflict of Interest Code for Designated . Employees of the City (Exhibit "A"), and establish City Designated Positions and corresponding Disclosure Categories (Exhibit "B") (Appendix). On motion of Council Member Moots, seconded by Council Member Johnson, and on the following roll call vote, to wit: AYES: Council Members Moots, Johnson, Millis, Porter and Mayor Mankins NOES: None I I ABSENT: None I I the foregoing Resolution was passed and adopted this 8th day of December, i 1987. ~~~\ I ~~ ~a,An.l~) MA~OR ATTEST: Cot CoIERK -----~ -~-_.- -- 198 ... :. : ;:: ',' : ,- -, ' - . ':. - .........: " .... .....'.:;'; '. .. . . ' - ,- p . - , " , . . ..; . " EXHIBIT "A" CONPLICTOF INTEREST CODS POR THS CITY OF ARROYO GRANDE The Political Reform Act, Government Code Sections BIOOO, ~ ~., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. 'The Pair Political Practices Commission has adopted a regulation, 2 Cal. Adm. Code Section 18730, which contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the Pair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 Cal. Adm. Cod,e Section 18730 and any amendments to it duly adopted by the Pair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendix 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 . Pursuant to Section 4(A) of the standard Code, designated employees shall file statements of economic interest~ with their agency. Upon 'receipt of the statements of the City Clerk , the agency shall make and retain a copy and forward the original of these statements to the Fair Political Practlces'Commlsslon . Statements for all other designated employees will be retained by the agency. -. ,- .---- ---- _. --.--.--. 199 18730. Provisions of Conflict of Interest Codes l;a) Incocpoc;ation by cefoJ:ence of the tecllla of this , cegul;ation ;along with tho doaignotion of elll~loyeea and the foclllulotion of diacloauce c;ategociea in the A~~endix cefeJ:ced to below conatitute tho ;adoption ;and~colllulgotion of a Conflict of Intocoat Code within tho lIIo;aningof Goyecnmont Code Section 87300 OJ: the ;amondment of ;a Conflict of :tntoceat Code within the lIl.oning of Goyecnment Code S.ction 87307 if the tocma of thia J:egulation ;ace aubatituted foe teems of a Conflict of Intecest Code olce.dy in effect. A code ao amended oe ;adopted and ~eolllulgated cequicea the eepoeting of cepoct.bloitollla in' a m.nno, subatantiolly equiyo1ent to the cequic811lenta of Acticle 2 of Claptee 7 of tho foliU,ca1 RefoelD Act, GoyoenIDent Code , , Sections 81000, ~ !!a' Th. eequieelll.~ta of 0 Conflictqf :tnteeeat Codo aeo in .ddition to othoe eequieelllenta of the ~01itica1 aefocm Act, auch aa the gon.eo1 peohibition ag.inat conflicta of inteeeat contained in GoYeenlDent Code Section 87100, ond to othee atate oc local laws peetaining to conflicta of inteceat. (b) Tho teems of a Conflict of Inteeeat Code alllended oe adopted and peolDulgated pueauant to thia cegulation ace aa followal (1) Section 1. Definitions. ~. definitions contained in the folitical Refocm Act of 1974, eegu14tiona of the F.ie ~olitic.l ~e.Qtic.. Commi..ion 12 CoIL. Adm. Cod. Sec;tiona 18100, ~ ~.), and any a.end.ent. to tne Act or re9u1itions, . . 1 18730 -, .. , ' -. ,.- .. ",: ,. , ."" ,',' ',"', ". :.;:~ ' '. :,' ,- " ..... , - ", .. , .. ,.... , .., ... .' .. .,' , - ... .:' t . . -- -_.~,... .-... --- ......-....... ..-.- - .-.---.- .-.- .. .... ...-..- -.. ---. - ------ . . -- '- .', " : .- 200 ..' ., .'. . , ,', ,. : H - - ,'. ..; , ;':'.j.~ - . " ". - H , . . - . . . , ,....,\ are incorporated by reference into this Conflict of Interest Code. . (2) Section 2. Desiqnated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on financial interests. (3) Section 3. Disclosure Cateqorles. This Code does not establish any disclosure obligation for those designated employ.es who are also specified in Government Code Section 81200 if they are designated in this Code in that sa.e capacity or if the geographical jurisdiction of .this agency is the llame as or is who~ly included within the jurisdiction in which those persons must report their financial interests - pursuant to Article 2 of Chapter 1 of the Political Reform Act, Government Code Sections 87200, ~ seq.1:/ ~uch persons are covered by this Code for - 1 - disqualification purposes only. With respect to all 1/ Designated employees who are required to file statements of economic interests under any other 8g&ncy's Conflict of Interest Code, or under Article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies at this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Government Code Section 81004. 2 19730 .-- .- --.....-. . .-.....--- -"-_...._-------_._~ 201. otb.~ 4..1gnated .mploye.., the 4i.clo.u~e cat.90~i.s .et fortb in tbe Appendix specity which kinds of , financial int.r.st. ar. r.po~tabl.. Sucb a designated employe. .ball disclos. in bis o~ ber statement of economic int.~eats tbose financial intecests he oc she bas wbich ace ot tbe kind described in the disclosure cato~ocie. to wbich he oc she is assigned in the Appendix. It ha. been 4ete~mined that the tinancial inter.sta .et tocth in a designated employee's disclosure cat.gori.s ar. tbe kinds of financial int.rest. which he or she foreseeably can affect materially through the conduct of bis or her office. (4) Section 4. Stat.ments of Economic Intecests:. Place of Pi11nq. The ~ode revi.wing body ahall instruct 411 designated employees roquirod to file statements of oconomic intorests pursuant to this Conflict of Interest COde to file in accordance with one of the following procedures III (~ All designated employees ahall file atatements of oconomic interoata with the agency. Upon receipt of the statements of economic 1nt.r.at. of the bead of the agency and members of board. or commissions not under a department of y Se. Gov.rnment Code Section 81010 and 2 Cll. Adm. Code Section 18115 for th. duti.. of filing officer. and persona in Igencie. who "ke .nd ret.in cop it. of .tattment. and forward tho oc191n.1. to tbe filing office,. 3 18730 . .. . .~ , .,.... ;,. .... .~ ,i., . !.;<'.;. .~, ,. - . p .., , , . . '. . - . . . .. ..~ .. . ." .. , .. '," .. " . H ~O2 "' .. . .. . , -. .- ".' .. ,'.,. " '. ...... ", .11 " ..." ,', .,.. - - . ..~ . .. . - .' ',.'.' . """ state or local government, the agency shall make - , i , and retain a copy of each and forward the . originals of the.. atatementa to the code reviewing body, which ahall be the filing officer with respect to these statementa. Such statements shall be forwarded to the code reviewing body within five days alter the filing de.dline or five days .fter receipt in the case of statements filed - late. . (B) All designated employees shall file statements of economic interests with the agency, which shall make and retain a copy and forward the originals to the code reviewing bOdy, which shall be the filing officer. . , (C) All designated employees shall file statements of economic interests with the code reviewing body. (5) Section 5. Statements of Economic Interests I 'rime of rUiner. Initial Statement.. ~ (A) All designated employees employed by the agency on the effective date of this Code, a. originally adopted, promulgated and approved by the code reviewing body, shall file statements within thirty days after the effective date of this COde. Thereafter, each person already in a position when it is designated by an amendment to this Code 4 18 730 -"'--- 203: ahall tila an initial atat~m~nt within thirty aaya .~tar tbo o~~ectiv. aato of the amenament. , (I) A.auminq Office Statements. All peraona a.auming d.aignated poaitiona after the effective dato of tbia COde ahall file atatementa within thirty daya .fter .aauming the -deaignated poaitiona, or if aubject to State Senate cont iBa tion, tbirty daya after being nominated or appointed. (C) Annual Statements. All designated .mploy... aball tile atatementa no later than April 1. (D) Leavinq Office Statements..All persons who leav. deaignated poaitiona shall file atat,menta within thirty daya after leaving oUice. ( 6) Section 6. Contents of and Period Covered bY Statements of Economic Interests. . (A) Contents of Initial Statements. Initial atatementa ah.ll dhcloae any reportable inveatmenta, intereata in re.l property .nd buain.aa poaitiona held on tho .ttectiv. date of the Code. (I) Contents of Aasuminq Office Statements. Aaauming of~ic. atatementa ihall discloa. any reportable inveatmenta, intareata in real property and buain..a po.itionl held on the dato of 5 18730 . .-, -. . :.... -. p ^ "." .. ,",' I....,. . , - : . - . , p .. '"' -P P : . - . -..- ";'--"'---"'~'--'-' -..- .... -..-..... .-...---... --" , ________n_n.____ --~--_...- " : ,', " 204 ' , .... ,. , , - -- -. : ,- d , : . ~ <;: d .. . : . . . . -..... . ....... , assuming otfice or, if subject to State Senate confirmation or appointment, on the data ot . nomination. (C) Contents ol Annual StatementS. Annual statements shall disclose any EepoEtable . inyestm.nts, inteE.stS" in Eeal prop.rty, income and business positions h.ld or receiv.d during the previous calendar year provided, howev.r. that the - period covered by an employ.... tirst annual statem.nt shall begin on the eff.ctiv. date ot the Code or the date ol assuming ollice whichever is later. (D) Contents of teayinQ Olfice Statements. Leaving otfice statement~ shall. disclose . repo~table investments, interests 1n real property, income and business positions held or received during the period between the closing date ol the last statement filed and the date of leaving oftice. ~ (7) Section 7. Mann.r ot ReJ)Ort!nQ. Statements ot economic interest. shall be made on torms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information, (A) Investments and Real Pro~ertv Disclosure. When an investment or an interest in 6 18730 -----. ~-~-_..-._--- --- 205 re.l propert~l/ i# required to be reported,!! the atatement ahall contain the followin9; , 1. A atatoment of the n.ture of the inveatmont 0& interest; 2. ~he n.me of the bu#ine#s entity in which each inve.tment i# held, .nd a gener.l de.cription of the bu.ine#. activity in which the busine.. entity i. eng.ged; 3. ~he add&es. or other precise location of the rul property; 4. A state.ent whether the fair market value of the inve.tment or interest in real property exceed. one thousand dollars ($1,000), exceeda ten thousand dollars (SlO,OOO), or exceeds one hundred thousand dollar. (SlOD,OOO). 1I For the purpo.e of diaclosure only (not disquali- ficationl, an ineerest in re.l properey does not include the . principal re.idence of the filer. V Investmenes and interests in real property which have a fair market value of lesa than $1,000 are not investments and intere.ta in real property within the .eonin9 of the ~litic.l Reform Ace. However, inve.tmenta or interests in real property of on individual include tho.e held by the individual's .pouse and dependent children .. well a. a pro rata share of any inve.tment or incere.e in ,eal t,operty of any bu.ine.. entity Or truae in wbicb the individuo , .pou.e and dependent children own, in tho 89gregoce, 0 direct, indirect or beneficiol interest Qf 10 percent QC 9r04tu. 7 18730 . .- q . . " .. - -. " ,- , ",. c,' .,: " . -. - - .. .,. . . ,",. . .- .. . . .. ... ", . . . ~'__n_.."___"_'_ ------ 20G ,'" .. - . ,., '" -- ,,- , -' . '" (D) Personal Income Disclosure. When personal income is 'required to be reported,~ . the statement shall contains 1. The name and address of each souree of incom. aggregating two hundred fifty dollars ($250) or lIIore in vslue oe fifty dollars (S50) or lIIore in value if the income was a gift, and a general description of the - business activity, if any, of each source, 2. A statelllent_ whether' the aggregate value of income feom each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($1,000) or less, g~eater than one thousand dollars ($1,000), or greater than ten thousand dollars ($10,000), 3. A description of the consideration, if any, for which the income was received, 4. In the case of a gift, the name, _. address and business activity of the donor and any intermediary through which the gift was made, a description of the g1ft, the amount or value of the gift, and the date on which the gift was received, - y A designated employee" income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. a 18730 . .... .,'-- . ".,--' ...._.,... .._________'._0 __,.~._... '. .h. - ---. -~-_._..._,_.- 207 5. In th. caae of a 104n, the 4nnual inte~..t rat. and the aecurity, if any, given , for the loon. IC) Business Entity Income Disclosure. When incom. ot a buoin.oo entity, including income of 4 001. proprietorahip, is required to b. reported,!! the statement sh41l cont4in: 1. The nAm., 4ddres., and a general de.cription of the business activity of the budnu. entitY1 ~. Th. name of ev.ry person from whom the business entity received payments if the . fil.r'a pro rata sbare of gross receipts trom .ucb peraon wa. equ~l to or greater than ten . tbouaand dollor. 1$10,000). ID) Busineso Pooition Disclosure. When bu.ine.s position. are required to be reported, a de.ignated employee sholl list the name and oddres. of .ach bu.ine.. entity in which he or she i. .. director, officer, partner, trustee, employ.., or in which he or abe holda any position ot manogement, a d..cription ot the busineaa activity in which the bu.ineaa entity i. engaged, 11 tnao.e of a bus in... entity is '.portable if the direct, indi'cgt or benefigiol inter..t of th. filer and the file,', .pOUI. in tbe buainea. cntitI Agg'egAte. A 10 percent Or 9,..tu interest, tn adestUon, the Lac:loauu of peraona who .C' C:li,nt. oc gu.tom.c. of . bu.ineaa entity is required only if tb. client, oc cuato..c. .c. ~1th1n on, of the disc:losure cAtego'i.a Of the filo', 9 18730 . 'd . , ., . -- . '" .: ..... ,', ",', , . >.,"," . ,,-..., '. '. .. .. ., " " -. ...._~_. . ------ .-- ~- --~-- 208 " ..po - - -. , - - . , .' .. . .. . "., - - . ": . . ~. and the designated employee's position with the busin.ss entity. . (E) Acquisition or DispOsal Durinq RepOrtinq Period . In the caS8 of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of - acquisition or disposal. (8) Section 8. Disqualification. No designated employee shall make, participate in making, or use his or her official positions to influence the making of any governmental decision which will foreseeably have a mat.r~al financial effect, distinguishable from its effect on the pUblic generally, ons (A) Any business entity in which the designated employee haa a direct or indirect investment worth more than one thousand dollars ~ ($1,000) I (S) Any real property in which the designated employee has a direct or indirect interest worth more than one thou.and dollars ($1,0001 , (C) Any source of income, other than loans . by a commercial lending institution in the regular course of business on terms available to the 10 18730 ."--..-. .__.~--.--.- . ........ - ..-.- ..--,-"- 209 public without c.~acd to otficial status, aggeegating two hundeed fifty dollaes ($250) oe , moce in value pcovided to, eeceived by oe peomised to the designated employee wit~in twolve months pcioc to the time when the decision is made, or (D) Any busine.s entity in which the dosignated employe. is a dicector, officer, pa rtn..r, trustee, employee, oe holds any position of management. No designated employe. shall be prevented fcom lIIakin9 oc paeticipating in tho makin9 of any decision' to the extent his or hec participation is le9ally eequi~ed foe the decision to bo made. Tho hct tha t , tho vote of a designated emp~oyee who is on a votin9 body is n,oded to bceak a tie doos not make his or her pacticipation 1e9al1y required foc purpose. of this .ection. (9) Section 9. Manner of Disqualification. When a designated empl~yee detecmin.. that he or she should not make a govec.nmental decision beclluse he oc sh. has a Unanchl interest in it, the detecmination not to act must bo accompanied by disclosue. of the financial intee.st. In the .CII.. of II voting body, this detocmination ond di.clo.uce shall bo mode pact of the IIgoncy'. officiol cococdl in the ell.. of. a de.ignated employ.e who is tho head of IIn agency, thi. detecmination and discloauc. shall be mad. in 11 18730 . .. . . '-. ," '. .. .. - , , "'.. ..' I."",' . . d_ - - d " . - . ......'.; ., - . ". .- ... . .- , ----.-.-.....-..-- I ~--,_.._- .-'" -.---- ---_._- ,- " .. .," " 210 ".,. . , . ..... . .' ,',. '.' . ..... . .." '.. '.... ... ..... - ~. -- .... . ::"'\ writing to his or her appointing authority, and in the 'case of other designated employees, this determination . and disclosure shall be made in writing to the designated employeels supervisor. (10) Section 10. Assistance of the Commission and Counsel. Any designated employee- who is unsure of his or her duties under this Code may request assistance from . the Pair Political Practices Commission pursuant to Government Code Section 8311'4 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. , (11) Section 11. violations. This Code has the force and effect of law. Designated employees violating any provision of this Code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, 0 Government Code Sections 81000 - 91014. In addition, a - decision in relation to which a violation of the disqualification provisions of this Code or of Government Code Section 87100 has occurred may be set 12 18730 211 -. ,ulia.. All voia PUC;HIAnt to Gov.cnlll.nt Cod.. Section 91003. " (Gov. Code section. 87300-87302) HistocYI (1) New .ection tiled 411 cllle'gency 4/2/80; .ffective upon filing. (2) Amendment (b) filed 1/9/81; effective 2/8/81. . m Amendment to (b) (7) (II) 1.; filed 12/27/82, effective 1/26/83. (4) Amendment: to fn.4 fillld 11/10/83, effectlv, 12/12/83. , 13 18 73.0 . -.- ., .;:; '.' " -. .' " ".. ,. , ..... '."', " , '\' '. I.....,. . I ,.... ',. ......... -. ... . I :.' " - - .'. - - . ".; I p ! .... ;"', i . ';-" I ",. , . - 212 EXHmlI ~ DISCLOSURE CATEGORIES Catelrorv L-~B&P.otlJ:lble Inveslml!nts Category I reportable Investments ere a11lnvestrnents (worth more thlln $1,000): (a) owned by the designated employee, his or her spouse ~ dependent child; (b) owned by an agent on behalf of the designated employee; (c) owned by any btmness entity controlled by the designated employee (I.e., any bmlness entity In which the deslgnnted ~oyee, his 01' her rlgents, spouse and dependent children hold more than a 50!t ownership Interest), ~ \ (d) owned by a tnJst In which the designated employee has 0. IlUbstontlBllnterest (I.e., II wt In which the deslgnnted elT()loyee, his 01' her spouse and dependent children have R present or future Interest \\Urth more thlln $1,000); (e) representl~ the pro rata sl1m (worth more thRn $1,000) of the deslgnnted employee, his 01' her spoUge and dependent children, of Investments or eny bU91ness entity or wt In which the designated ent'loyee. his or her spotL9I! and dependent children own, directly, Indirectly or beneflclslly, II 10!!: interest, or greater. "Investment" means nny ClnnnclBllntere9t In, 01' security Issued by, a CITY OF ARROYO GRANDE bU9lness entity, Includl~, but not limited to, CUlllb.t stock, preferred stock, rights, W8I'I'8J1ts, options, debt instMJments and any partnership or other ownership Interest. A bU9lness entity Is "CITY OF AltROYO GttANDE-related" It, ond only lr, the bmlnl!99 entity or any pnrcnt, SUl:Jo;idlary or otherwiSE! n!loted bU9lnl!99 entltYI (I) hils on Interest In renI property within the jurisdiction, (II) does bU91ness In the City of Arroyo Gronde at any time during the period . carmencl~ two (2) ye8l"9 prior to, ond endl~ one year after, the time the dEldgnated employee Is. required by this COde to file his or her next Statement of Economic Interest 01' to disqunIify hitmelt or hersell with respect to 0 City of Arroyo Gl'llIIde declqlon. (The term "ptIrent, subsidiary or otherwise related bU9lness entity" shall be construed as specifically defined by the Calml..~ion). No asset Is deemed an "investment" unlE!!l!l Its fair rmrket vnIue elCceech $1.000. The term "Investment" does not Include a time or demand deposit In 0 Clnanclalll1'ltitutlon,shores in a credit union, any Insurance polley, or any bond or other debt Imtnnnent issued by any government or govemnent agency. Catelrorv 2.. All-InclusJR 1l~ .Intmma. In .Re1l1. PrQperty. category 2 reportable interests in reo! property are aU Interests (worth more than $1,000) in real property located within the jurisdiction if the Interests BreI (a) held or owned by the designated employee, his or her spou.<:e. and dependent child; or (b) the pro rota share (worth rrore thRn $1,000) of Interests In n!nI property of any bU9lness entity or trust in which the designated employee or !IpollSe owns, directly, Indirectly or beneficially, a 10% Interest or greater. "Interest In renI property" includes any leasehold, beneflclnl or ownership Interest, or an option to acquire such an Interest, in reol property. Real property sholl be de~ to be "located within the jurisdiction" if the property, or ony part of it, is located within, or not rrore than two (2) miles outside, the boundaries or the City of Arroyo Grande, or within two (2) rmles of any land owned or used by the City of Arroyo Grande. ~.a.. AIJ=lo~ BeDOr1o.ble. l~ O1tegory 3 reportable Income COI11'l'lses all Income of the deslgnnted errp]oyee rrom nny City of Arroyo Grande-related source aggregoting $2~0 or more (or $2501' rrore In the CR.'Ie of glflq) during too reporting period. (a) "Income" means, except as provided In sumectlon (b), Income of any nllture from ony City of Arroyo Grande-related source, including, but not limited to, IIny salary; wnge; adVllnce; payment; dividend; Interest; n!nt; cnpltal gnin; return of cnpital girt, Inc]udlng any girt or food or bevernge; lonn forglvenl!99 01' ptIyment of Indebtedn<ml dll'count In too price or anything of value, unll'!O.'l the discount Is nvallnble to mmbem of lhe public without N'gnrd --.---- 21:j to otricilll IiUltUSj rubutej reimbursement for eJ(pensesj per diem; or contribution to an ul!;Ul'WlCe or pe~ion ~W1I pIlid by any perIiOn other tllIII\ an ~yer am including any coomunity property interest in incane of a spouse fran any City of Arroyo Grande-related sow-ceo lncane of anlndividullllllso includes 11 pro rata share of any Income of any City of Arroyo Grande-reMed business entity or trust in which the Individual or spouse owns, directly, Indirectly, or beneficilllly, a ten (10) percent inter~t, or greater. . A liOurce, bUIIlnetis entity or trust is "City of Arroyo Grande-reUited" It, and only if, he, she or it: (j) rl::ildes in tlle jlrisdictiofl, (II) hils an interest in real property within the jurisdiction, (Iii) does bltilnl!lillln the Cily of Arroyo Grande, or (Iv) did bullhldiS, or plans to do businl!lill, in the City of IIrroyo Grame at any time dur~ the period conmencl~ tv.o (2) years prior to and ~ one (1) year after the time llle designated ~yee is required by UIis Code to file his or her next Statement of Econoollc Inter~t:i, or to disqualify hlmie1f or herself with r~pect to a City of IIrl'Oyo Grande decision. (b) "lncolUe" does not include: (1) ~'TI contributioDI:I requlred to, be reported W1der Ci1llpter 4 of tile Actj (2) salary and relrWursement for e~ 01' per diem received fran a state or lDcal government agency and reinbursement for travel elqlCl\IieIi am per diem received from a bona fide educational, academic 01' charitable organlzationj (3) gltts of infonnational material, IiUch as books, pamphlets, reports, calendars or periodicalsj (4) gits which are not Uied and which, wiU1in thirty (30) da~ after receipt, are returned to the donor 01' delivered to a charitable organization without being claimed as a charitable contribution for tax purpoIieSj (5) gifts fran an Individual's spouse, child, parent, grandparent, grondchild, brother, sister, parent-in-law, !:rother-in-law, sister-in-law, aWlt, lUICle, first cousin or the Spouie of any such penon, I"Ovided that a gift fran any such person shan be co~ldered Incane If the donor is acting as an agent 01' intennediary for any person not covered by this peregraph; (6) Any devise or inheritance; ('i) Interest, dividends 01' prem!UIIIi on a time 01' demand deposit in a financial imtitution, shares in a credit WIion, any Insurance policy, pa)'ll1ents received W1der any insurance policy or any bond 01' other debt iBitrument ~ed by any government 01' government agency; (8) Dividends, Interest or any oUler return on a security which Ia ~istered with the Securities and ~ CannIssIon of the United States Government; (II) l.oaR; by a CCIIJIIIerclal ~ iBitltutlon In tile regular course of business. Cat~~ ~ Less-Inclusive B~tohle ]nv~Jtments. Cutegot)' 4 reportable Investments are tb:Jcie and only ttaIe Qltegory 1 reportable Investments which pertain to a buslnf1l:i8 entity, a busJnf1l:i8 activity ot which Is that ofl (a) providing, within thQ last two (2) years, or toreaeeably In thQ future, servlces,liUpplies, materials, machinery or eqUpnent to the aty of Arroyo Orande. (b) conductiIV a bLtilnf1l:i8 In thQ City of Arroyo Grande which requires a builness license therefor pul'liuant to ocdInances of the City. (c) liBlej purchase; exe~ej lease or rental,or financing, fOl' its own accoWlt 01' as a broker, of real property or the develoLXnentl syndicationl \iUlXllvision of reol property, or COl15tructlon thereon, of ~ or structures. Cote(!'o~ A.. I,E9:I-lnl!lu.c;h(e t1~rt8h1e Int@restQ.in RJ:Al. PrQperty. Cutegory 5 reportable interests In real property are ttaIe, and only those, Qltegory 2 reportable Interests In reol property where the property, 01' any pert of it, is located wiU1in, or not more than 500 teet outside, the boWIdarles of the aty of Arroyo Grande and the South Swl I.uis Obispo CoWIty Sanitation District. 2 -------"-_..._~_. 14 CBt~ 6a.Um-I~psive ~ ol.. U~"h1e lllCdl1l!. Category 8 types or reportable Incane are thoge,"end only thoge, types or Category 3 repa-table 1n<!Cmi! which me derived rran a business entity, a buWtess aetlvlty or which Is that or: (a) providing within tho.last two (2) yeet'B, 01' fore!lel!8b1y In the future, servlCf!9, BUpEiles, materiBJs, machlnery or equipment to the Cty or Arroyo Grendel (b) conduct~ /I. Nllness In the Cty otArroyo Grande which requires a bU!llness 1Icet\ge thererOl' pursuant to ordlnsnCf!9 or the Cty. (0) sale, purchose, exc~, leese 01' rental, 01' fllIIIJ1(!lrc, fOl' Its own Account 01' 8S broker, of reel prupei ty or thodevel~nent, syndication, IIIIbdlvlslon or reel ~ty 01' C!OI1!ItnJctlon thereon or bI.IIldIr<< or structures. ~ ... - 3 --.----'- 215 ~ti~ UWDtiAIRD POSITIO~ ~RB CATRQQRllia 1. Planning Director 1, 2 and 3 2. OIrrent PlIInner 3, 4(c) and 6(c) 3. ~ R~e Planner 3, 4(c) and 6(e) 4. Public Works Director/City Eriineer 1, 2 and 3 :I.. Special Projecta ~ 4(c) and 6(c) 6. AsIiociate ~er 4(e) and 6(c) 7. QUet Inspector ot B~ and CQn;trueUull 4(e) and 6(e) 8. Special INpector, Publill Worka, BuUdIrv and Zoning 4(c) and 6(11) 9. CQnstruetion Inspector 4(c) and 6(e) 10. BuIldil~ In~..pector 4(e) and 6(e) 11. Fire QUet 4(a), 5 and 6(a) 12. Polil:e QUe! 4(a), 5 and 6(8) 13. Recreation Director 4(8) and 6(8) 14- Finance Director 4, 5 and 6 15. Business License Oerk 4(b) and 6(b) 16. City Qerk 4(8) and 6(8) Coll!iU!tant - any pen;on or builness hired tor COI1IiII1t~ '1'0 be designated in the services, but might rellllOOllbly be ~ted consulting contract. to have a financial interest. Category 1 SchedultI A 0-1 0-2 Oitegory 2 Schedule B 0-1 0-2 Oitegory 3 Sohedule D B F 11 Category 4(11) SeheduIe A 0-1 0-2 4(b) Sohedule A 0-1 0-2 4(c) Schedule A 0-1 0-2 Category 5 Schedule B C Catebrory 6 Schedule D E F H 6(b) Scbedule A D 6(e) Sohedule A. C D E H Schedule G N/ A to our Con!1iat of Interest Code. --. -_._~,.,. -- - .. ..~_._....