Resolution Number 18-09-04-02RESOLUTION NO. 18-09-04-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING AN
AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE
POLITICAL REFORM ACT OF 1974
WHEREAS, the State of California enacted the Political Reform Act of 1974,
Government Code Section 81000, et seq. (the "Act"), which contains provisions relating
to conflicts of interest which potentially affect all officers, employees and consultants of
the City of San Juan Capistrano (the "City"), and which requires all public agencies to
adopt and promulgate a conflict of interest code; and
WHEREAS, the City Council adopted a Conflict of Interest Code (the "Code"),
which was amended on October 4, 2016, in compliance with the Act; and
WHEREAS, subsequent changed circumstances within the City have made it
advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and
update the City's Code; and
WHEREAS, the potential penalties for violation of the provisions of the Act are
substantial and may include criminal and civil liability, as well as equitable relief which
could result in the City being restrained or prevented from acting in cases where the
provisions of the Act may have been violated; and
WHEREAS, notice of the time and place of a public meeting on, and of
consideration by the City Council of, the proposed amended Code was provided to each
affected designated employee and was publicly posted for review; and
WHEREAS, a public meeting was held upon the proposed amended Code at a
regular meeting of the City Council on September 4, 2018, at which all present were given
an opportunity to be heard on the proposed amended Code.
NOW, THEREFORE, the City Council of the City of San Juan Capistrano does
hereby RESOLVE that:
Section 1. The City Council does hereby approve and adopt the proposed
amended Conflict of Interest Code, a copy of which is attached hereto and shall be on file
with the City Clerk and available to the public for inspection and copying during regular
business hours;
Section 2. The said amended Conflict of Interest Code shall become effective
immediately upon its adoption and approval.
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Section 3. All previous conflict of interest codes of the City of San Juan
Capistrano shall be rescinded upon the effective date of said amended Code as approved
by the City Council.
PASSED AND ADOPTED this 4th day of September 2018.
SERGlIO FARIAS, MAYOR
i ..
ATTEST
�'.
MART RI . CITY C ERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as.
COUNTY OF SAN JUAN CAPISTRANO)
I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 18-09-04-02 was duly adopted by the
City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 4t1
day of Spptember 2018, by the following vote:
COUNCIL MEMBERS: Ferguson, Reeve, Patterson, Maryott and Mayor Farias
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
CITY
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LAW OFFICES OF
BEST BEST & KRIEGER LLP
CONFLICT OF INTEREST CODE
OF THE
%-..0 ; CITY OF SAN JUAN CAPISTRANO
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LAW OFFICES OF
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CONFLICT OF INTEREST CODE n
OF THE
CITY OF SAN JUAN CAPISTRANO
(Adopted September 4, 2018)
The Political Reform Act (Gov. 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 Cal. Code of Regs. § 18730)
that 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 Section 18730 may be
amended by the Fair Political Practices Commission 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. This incorporation page, Regulation 18730 and
the attached Appendix designating positions and establishing disclosure categories, shall
constitute the conflict of interest code of the City of San Juan Capistrano (the "City").
All officials and designated positions required to submit a statement of economic interests
shall file their statements with the City Clerk as the City's Filing Officer. The City Clerk
shall make and retain a copy of all statements filed by the Mayor, Members of the City
Council and Planning Commission, the City Manager, the City Attorney and the City
Treasurer, and forward the originals of such statements to the Fair Political Practices
Commission. The City Clerk shall retain the original statements flied by all other officials
and designated positions and will make all retained statements available for public
inspection and reproduction during regular business hours. (Gov. Code § 81008.)
All officials and designated positions required to submit a statement of economic interests
shall receive ethics training as required pursuant to Government Code section 53235 (AB
1234). The City's Filing Officer shall annually provide all filers with information on training
available to meet the requirements of Section 53235, and maintain required records
indicating the dates that filers satisfied the training requirements and the entity that
provided the training. These records shall be retained for five years after the date of
training and are public records subject to disclosure under the California Public Records
Act. (Gov. Code § 53235.2.)
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LAW OFFICES OF
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APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF SAN JUAN CAPISTRANO
(Adopted September 4, 2018)
PART "A"
The Mayor, Members of the City Council and Planning Commission, the City Manager,
the City Attorney, the City Treasurer, and All Other City Officials who manage public
investments, as defined by 2 Cal. Code of Regs. §18700.3(b), are NOT subject to the City's
J Code but must file disclosure statements under Government Code Section 87200 et seq.
[Regs. § 18730(b)(3)]
OFFICIALS WHO MANAGE PUBUC INVESTMENTS
It has been determined that the positions listed below are Other City Officials who manage
public investments'. These positions are listed here for informational purposes only.
Chief Financial Officer/Treasurer
Investment Consultant
I Individuals holding one of the above -listed positions may contact the Fair Political Practices
Commission for assistance or written advice regarding their filing obligations if they believe that their
position has been categorized incorrectly. The Fair Political Practices Commission makes the final
determination whether a position is covered by § 87200.
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DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS'
TITLE OR FUNCTION
Accounting Manager
Assistant City Attorney
Assistant City Clerk
Assistant City Manager
Assistant Development Services Director
Assistant Finance Director
Assistant Public Works Director
Assistant Utilities Director
Associate Engineer
Associate Planner
Building & Code Enforcement Manager
Building & Grading Inspector
Chief Plant Operator
City Clerk
City Engineer
Code Enforcement Officer
Community Services Director
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DISCLOSURE CATEGORIES
ASSIGNED
5
1,2
5
1,2
2, 3, 5
1,2
2, 3, 5
2,5
2, 3, 5
2, 3, 5
5, 6, 7
6
5
5
2, 3, 5, 6
6
1,2
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DESIGNATED POSITIONS'
DISCLOSURE CATEGORIES
TITLE OR FUNCTION
ASSIGNED
u
Community Services Manager
3, 4, 7
Construction Inspector
2, 3, 6
Development Services Director
1,2
Economic Development/Redevelopment Manager
1,2
Executive Services Manager
5
Historic Preservation Manager
2,5
Housing Supervisor/Associate Planner
2, 3, 5, 6, 7
Human Resources Manager
5
Management Analyst
4
Principal Planner
2, 3, 5
`J Public Works & Utilities Director
1,2
Public Works Manager
1,2
Safety & Emergency Services Manager
5
Senior Accountant
4
Senior Civil Engineer
2, 3, 5, 6
Senior Civil Engineer — Environmental Services
2, 3, 5, 6
Senior Engineer
2, 3, 5
Senior Financial Analyst
4
Senior Management Analyst
4
Senior Planner
2, 3, 5
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DESIGNATED POSITIONS'
TITLE OR FUNCTION
Technology Services Manager
Utilities Superintendent
Water Construction Inspector
Water Conservation Coordinator
BOARD & COMMISSIONS
DISCLOSURE CATEGORIES
ASSIGNED
5
5
2, 3, 6
5
Cultural Heritage Commission..............................................................1, 2, 7
Design Review Committee.................................................................2, 3, 5, 6
Parks, Recreation, Youth and Senior Services,
Trails and Equestrian Commission.....................................................1, 2, 3
San Juan Capistrano Housing Authority.............................................1, 2
Utilities Commission..............................................................................1, 2
Consultants and New Positions2
PART "B"
DISCLOSURE CATEGORIES
2 Individuals serving as a consultant as defined in FPPC Reg 18700.3(a) or in a new position created
since this Code was last approved that makes or participates in making decisions must file under the
broadest disclosure set forth in this Code subject to the following limitation:
The City Manager may determine that, due to the range of duties or contractual obligations, it is
more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a
statement of the extent of the disclosure requirements must be in a written document. (Gov. Code Sec.
82019; FPPC Regulations 18219 and 18734.). The City Manger'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. (Gov.
Code Sec. 81008.)
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7.
The disclosure categories listed below identify the types of economic interests that the
designated position must disclose for each disclosure category to which he or she is
assigned.3 "Investment" means financial interest in any business entity (including a
consulting business or other independent contracting business) and are reportable if they
are either located in, doing business in, planning to do business in, or have done
business during the previous two years in the jurisdiction of the City.
Category 1: All investments and business positions in business entities, and sources
of income, including gifts, loans and travel payments.
Category 2: All interests in real property which is located in whole or in part within, or not
more than two (2) miles outside, the boundaries of the City.
Category 3: All investments and business positions in business entities, and sources
of income, including gifts, loans and travel payments, that are engaged in land
development, construction or the acquisition or sale of real property within the
jurisdiction of the City.
Category 4: All investments and business positions in business entities, and sources
of income, including gifts, loans and travel payments, that provide services, products,
materials, machinery, vehicles or equipment of a type purchased or leased by the City.
Category 5: All investments and business positions in business entities, and sources
of income, including gifts, loans and travel payments, that provide services, products,
materials, machinery, vehicles or equipment of a type purchased or leased by the
designated position's department, unit or division.
Category 6: All investments and business positions in business entities, and sources
of income, including gifts, loans and travel payments, subject to the regulatory, permit,
or licensing authority of the designated employee's department, unit or division.
Category 7: All investments and business positions in business entities, and sources of
income, including gifts, loans and travel payments, or income from a nonprofit
organization, if the source is of the type to receive grants or other monies from or through
the City or its subdivisions. .
3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency's
jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the
position. (Reg. 18730.1)
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