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2016-38 RESOLUTION NO. 2016-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND ' TERRACE, CALIFORNIA, RESCINDING RESOLUTION NO. 2014-64 IN ITS ENTIRETY AND ADOPTING A CONFLICT OF INTEREST CODE APPLICABLE TO DESIGNATED POSITIONS, INCLUDING TO MEMBERS AND STAFF OF THE OVERSIGHT BOARD TO THE GRAND TERRACE REDEVELOPMENT AGENCY, SUCCESSOR AGENCY TO THE GRAND - TERRACE REDEVELOPMENT AGENCY, GRAND TERRACE PUBLIC 2014THE GRAND TERRACE HOUSING AUTHORITY WHEREAS, the California Fair Political Practices Commission-has adopted Section 18730 of Title 2 of the California Code of Regulations which contains the:terms of a Standard Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings; and WHEREAS, a Conflict of Interest Code for City officials, employees and commissioners was adopted on September 23, 2014 by Resolution No. 2014-64; and WHEREAS, since the last revision of the Grand Terrace Conflict of Interest Code on September 23, 2014, it has been determined that there are proposed revisions to the Code; and WHEREAS, Government Code Section 87306.5 requires every local agency to review its - Conflict of Interest Code in all even-numbered years. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Resolution No. 2014-64 is hereby rescinded. SECTION 2. In compliance with Government Code Section 87300, the City Council hereby adopts the FPPC's Model Conflict of Interest Code authorized by 2 CCR § 18730 and the attached Exhibit "A" Designated Employees, and Exhibit `B" Appendix of Disclosure Categories. SECTION 3. The City Clerk shall certify to the passage and adoption of this Resolution and it shall take effect and be in force. PASSED, APPROVED AND ADOPTED this 27th day of September, 2016. AYES: Council Members Hussey, Wilson, Mitchell, Mayor Pro Tem Robles, Mayor McNaboe NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO..2016-38 PAGE 1 OF 4 SEPTEMBER 27, 2016 i Darcy&eNab ayor ATTEST: P a , City le APPROVED AS TO FORM: Richard L. Adams II, City Attorney RESOLUTION NO. 2016-38 PAGE 2 OF 4 SEPTEMBER 27, 2016 EXHIBIT "A" Designated Employees The following is a listing of positions for which the employee is required to submit Statements of Economic Interest (Form 700)pursuant to the Political Reform Act of 1974.1 To the extent that certain positions are required to perform actions on behalf of the City and also another agency or authority (such as the Successor Agency), the following disclosure requirements shall also apply to duties performed on behalf of any such agency/agencies. DEPARTMENTS /POSITIONS DISCLOSURE CATEGORIES Child Care Services Director of Child Care Services 1 Assistant Director of Child Care Services 2 City Attorney City Attorney 1 Assistant City Attorney 1 Deputy City Attorney 1 City Council/Boards of Directors Members of City Council2 1 �- City Clerk City Clerk 1 City Manager City Manager 1 Assistant City Manager 1 Personnel Technician 2 1 Government Code § 87200 already requires the following individuals (among others) to disclose their economic interests: mayors, city council members, planning commissioners, city managers, city attorneys, city treasurers, other public officials who manage public investments, and candidates for any of these offices at any election. For ease of reference, this Conflict of Interest Code includes such individuals, even though they already have statutory disclosure obligations. This code is not intended to increase or decrease their existing statutory obligations to disclose. 2 Members of the City Council currently serve as ex offzcio members of the following Boards: (1) Grand Terrace Public Financing Authority (2) Grand Terrace Successor Agency Housing Authority; (3) Successor Agency to the Grand Terrace Redevelopment Agency. Certain members of the City Council are also members of the Oversight Board of the Grand Terrace Redevelopment Agency. All City Councilmembers already are required to disclose all financial interests that they have which may be affected by their membership on the City Council, and therefore, - they are already required to disclose all interests which may also affect the actions they take as members of these boards. RESOLUTION NO. 2016-38 PAGE 3 OF 4 SEPTEMBER 27, 2016 Finance Department Director of Finance/Treasurer 1 Project Manager 1 Senior Account Technician 4 ) Account Technician 4 Principal Accountant 4 Fire Department Fire Chief or Designee to Grand Terrace 1 Planning Commission Members 1 Planning&Development Services Planning&Development Services Director 1 Senior Code Enforcement Officer 2 Associate Planner 1 Building Official 1 Police Department Sheriff Captain assigned to Grand Terrace 1 Sheriff Lieutenant assigned to Grand Terrace 2 Public Works Public Works Director 1 Management Analyst 2 Consultants* 1 *Consultants (and certain people filling new positions—see below) 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 or Agency's Executive Director 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/Executive Director'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. Commission Regulation Section 18700.3 defines "consultant" as an individual who, pursuant to a contract with a state or local governmental agency: (1) Makes a governmental decision whether to: a. Approve a rate,rule or regulation; b. Adopt or enforce a law; . c. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order or similar authorization or entitlement; RESOLUTION NO. 2016-38 PAGE 4 OF 4 SEPTEMBER 27, 2016 d. Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract which requires agency approval; e. Grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract; f. Grant agency approval to a plan, design, report, study or similar item; g. Adopt, or grant agency approval of, policies, standards or guidelines for the agency or for any subdivision thereof; or (2) Serves in a staff capacity with the agency and that capacity participates in making a governmental decision as defined in Regulation 18704(a);and (b) or performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's Conflict of Interest Code under Section 87302. Newly Created Positions To the extent required by Commission Regulation 18219, as it may be amended from time to time, "an employee in a newly created position that makes or participates in the making of decision and whose specific position is not yet listed in the conflict of interest code" is also ` required to disclose pursuant to the broadest disclosure category, subject to the same limitation, above, via which the City manager may determine, in writing, that the employee is not required to fully comply with the disclosure requirements, etc. RESOLUTION NO. 2016-38 PAGE 5 OF 4 SEPTEMBER 27, 2016 EXHIBIT`B" DISCLOSURE CATEGORIES CATEGORY 1 Full Disclosure—All interests in real property as well as investments, business positions and sources of income, including gifts, loans and travel payments. 2 Full Disclosure — (excluding interests in real property) — Investments and business positions and sources of income, including gifts, loans and travel payments. 3 Interest in Real property—Interests in real property located in the city, including property located within a two mile radius of any property owned or used by the City. 4 General Contracting — Investments, business positions and of income, including gifts, loans and travel payments from sources that provide leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the City. RESOLUTION NO. 2016-38 PAGE 6 OF 4 SEPTEMBER 21, 2016