R 4887 RESOLUTION NO. 4887
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AMENDING THE LIST OF
DESIGNATED POSITIONS SUBJECT TO THE CITY'S
CONFLICT OF INTEREST CODE
WHEREAS, the City of Arroyo Grande adopted the Fair Political Practices
Commission's model 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, pursuant to Government Code Section 87307, an agency may at any time
amend its Conflict of Interest Code when necessitated by organizational changes,
including the creation of new positions, elimination of positions, position title changes,
and/or relevant changes in the duties assigned to existing positions; and
WHEREAS, on August 28, 2018, the City Council adopted Ordinance No. 695
disbanding the Parks and Recreation Commission, Traffic Commission and Historical
Resources Committee; and
WHEREAS, the City Council desires to amend and update its Conflict of Interest Code
by removing the members of the Parks and Recreation Commission, Traffic
Commission and Historical Resources Committees from the Appendix of Designated
Positions subject to the City's Conflict of Interest Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande as follows:
1. The "Appendix of Designated Positions" is hereby amended as set forth in
Exhibit "A", attached hereto and incorporated herein by this reference, to
remove the members of the Parks and Recreation Commission, Traffic
Commission and Historical Resources Committee.
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.
BE IT FURTHER RESOLVED that this Resolution supersedes Resolution No. 4849
adopted April 24, 2018.
RESOLUTION NO. 4887
PAGE 2
On motion of Council Member Brown, seconded by Council Member Barneich, and on
the following roll call vote to wit:
AYES: Council Members Brown, Barneich, and Mayor Hill
NOES: Council Member Ray
ABSENT: Council Member Harmon
the foregoing Ordinance was adopted this 23rd day of October, 2018.
RESOLUTION NO. 4887
PAGE 3
JIM H L, MAYOR
ATTEST:
/ / li(0),(401ete
KELLY W-T is RE, CITY CLERK
APPROVED AS TO CONTENT:
JAMES -'--. 'GMAN, CITY MANAGER
APPROVED AS TO FORM:
H THER WHITHAM, 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,
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.
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:
City Engineer 1, 2, 3
Capital Improvement Project Manager 1, 2, 3
Associate Engineer 1, 2, 3
Assistant Engineer 1, 2, 3
Senior Engineer 1, 2, 3
Building Official 1, 2, 3
Building and Fire Safety Inspector - 1, 2, 3
Police Chief 1, 2, 3
Police Commander 1, 2, 3
Director of Public Works 1, 2, 3
Utilities Manager 1, 3
Public Works Manager 1,3
Public Works Supervisor 1, 3
Director of Administrative Services 1, 2, 3
Director of Recreation Services 1, 2, 3
Accounting Manager 1, 3
Director of Legislative and Information Services/City Clerk 1, 3
Information Technology Manager 1, 3
Human Resources Manager 1, 3
Director of Community Development 1, 2, 3
Planning Manager 1, 2, 3
Associate Planner 1, 2, 3
Assistant Planner 1, 2, 3
Executive Assistant/Deputy City Clerk 1, 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.
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, 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. 4887 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 23rd day of October, 2018.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 25th day of
October, 2018.
//, a (4kc.
KELLY E�.. ORE, CITY CLERK