R 3776
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RESOLUTION NO. 3776
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 AN AMENDED 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 Gonflict of Interest Code:
1. The position of Code Enforcement Officer has been changed to Neighborhood
Services Coordinator.
2. The position of Chief Building Inspector has been changed to Building Official.
3. Add the position of Assistant Planner.
4. Remove the position of Economic Development Director.
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 amend the City's Conflict of Interest Code as follows:
1. The City's "Appendix of Designated Positions" and "Appendix of Disclosure
Categories" are hereby amended and replaced in their entirety with the
Exhibit "A" Appendix of Designated Positions and "8" Appendix of Disclosure
Categories, both of which are attached hereto and incorporated herein by this
reference.
BE IT FURTHER RESOLVED that this Resolution supersedes Resolution No. 3482
adopted September 26, 2000.
.
RESOLUTION NO. 3776
PAGE 2
On motion by Council Member Costello, seconded by Council Member Lubin, and on the
following roll call vote, to wit:
AYES: Council Members Costello, Lubin, Runels, Dickens and Mayor Ferrara
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 14th day of September, 2004.
.
RESOLUTION NO. 3776
PAGE 3
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ATTEST:
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KELLY W . M9 E, DIRECTOR OF AMINISTRATIVE SERVICES/
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
'f~~~C'TY MANAGER
APPROVED AS TO FORM:
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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 2 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.
Designated employees shall file their statements with the City of Arroyo Grande 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 of Arroyo
Grande shall make and retain a copy and forward the original of these statements to the
Fair Political Practices Commission. Statements of all other members and designated
employees will be retained by the City of Arroyo Grande in accordance with State law.
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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:
Desionated Position:2 Disclosure Cateoorv:
Director of Public Works 1
Assistant City Engineer 1
Associate Engineer 1
Public Works Inspector 2
Director of Building and Fire 1
Fire Division Chief 2
Building Official 1
Building and Fire Safety Inspector 1
Police Chief 1
Police Commander 2
Director of Parks, Recreation and Facilities 1
Director of Financial Services 1
Accounting Supervisor 1
Director of Administrative Services 1
Human Resources Manager 2
Director of Community Development 1
Associate Planner 1
Assistant Planner 1
Neighborhood Services Coordinator 1
City Clerk 1
Executive Assistant-City Administration 2
Assistant City Attorney 1
Planning Commission Member 1
Parks and. Recreation Commission Member 1
Senior Advisory Commission Member 1
Architectural Review Commission Member 1
Downtown Parking Advisory Board Member 1
Consultants3 1
Exempt Officials4 1
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 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 fully comply with the disclosure requirement
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 by the City Clerk in the same
manner and location as this Conflict of Interest Code.
4 Exempt Officials include the Mayor, Members of the City Council, 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
DesiQnated Persons in CateQorv 11111 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.
DesiQnated Persons in CateQorv 112" Must 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.
RESOLUTION NO. 3776
OFFICIAL CERTIFICATION
I, KELL Y 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. 3776 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 14th day of September, 2004.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 17th
day of September, 2004.
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KELLY WETMORe: DIRECTOR OF ADMINISTRATIVE SERVICES/
DEPUTY CITY CLERK