Resolution Number 16-10-04-01RESOLUTION NO . 16-10-04-01
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 197 4
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 September 17, 2013, 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 October 4, 2016, 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:
Secti on 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Capistrano shall be rescinded upon the effective date of said amended Code as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 October, 2016 .
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss .
CITY 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. 16-1 0-04-01 was duly adopted by the
City Council of the City of San Juan Capistrano at the Regular meeting thereof, held the
4th day of October 2016, by the following vote:
Reeve, Perry, Allevato, Ferguson and Mayor Patterson
None
None
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10-04-16
L.AW OFFICES OF
BEST BEST & KRIE4ER LLP
CONFLICT OF INTEREST CODE
OF THE
CITY OF SAN JUAN CAPISTRANO
August 2016
61147.00115\29018200.3
LAW OFFICES OF
BEST BEST & KR/ECiER LLP
CONFLICT OF INTEREST CODE
OF THE
CITY OF SAN JUAN CAPISTRANO
(Adopted October 4, 2016)
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 filed 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 §
81 008.)
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L.AW OFFICES OF
BEST BEST & KR/E~ER LLP
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF SAN JUAN CAPISTRANO
(Adopted October 4, 2016)
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 Code but must file disclosure statements under Government Code Section 87200
et seq. [Regs .§ 18730(b)(3)]
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials who
manage public investments 1 . These positions are listed here for informational purposes
only.
Chief Financial Officer/Treasurer
Investment Consultant
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 .
App. A-1
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LAW OFFICES OF
BEST BEST & KR/E~ER LLP
DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS'
TITLE OR FUNCTION
Accounting Manager
Assistant Administrative Services Director
Assistant City Attorney
Assistant City Clerk
Assistant City Manager
Assistant Development Services Director
Assistant Finance Director
Assistant Planning Director
Assistant Public Works Director
Assistant Utilities Director
Associate Engineer
Associate Planner
Building & Code Enforcement Manager
Building & Grading Inspector
Chief Plant Operator
City Clerk
Code Enforcement Officer
Community Services Director
App. A-2
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DISCLOSURE CATEGORIES
ASSIGNED
5
4
1' 2
5
1' 2
2, 3,5
1' 2
2, 3,5
2, 3, 5
2, 5
2, 3, 5
2, 3, 5
5, 6, 7
6
5
5
6
1' 2
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LAW OFFICES OF
B~SI B~SI & KR/~4~R LLP
DESIGNATED POSITIONS'
TITLE OR FUNCTION
Community Services Manager
Construction Inspector
Development Services Director
Economic Development/Redevelopment Manager
Executive Services Manager
Historic Preservation Manager
Human Resources Manager
Management Analyst
Principal Planner
Public Works & Utilities Director
Public Works Manager
Safety & Emergency Services Manager
Senior Accountant
Senior Civil Engineer
Senior Civil Engineer-Environmental Services
Senior Engineer
Senior Financial Analyst
Senior Management Analyst
Senior Planner
Technology Services Manager
Utilities Superintendent
App. A-3
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DISCLOSURE CATEGORIES
ASSIGNED
3,4, 7
2, 3,6
1, 2
1, 2
5
2, 5
5
4
2, 3, 5
1, 2
1, 2
5
4
2, 3, 5,6
2, 3, 5,6
2,3, 5
4
4
2, 3, 5
5
5
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L.AW OFFICES OF
BEST BEST & KR/ECiER LLP
DESIGNATED POSITIONS'
TITLE OR FUNCTION
DISCLOSURE CATEGORIES
ASSIGNED
Water and Sewer Construction Inspector 2, 3,6
Water Conservation Coordinator 5
BOARD & COMMISSIONS
San Juan Capistrano Housing Authority ............................................. 1, 2
Cultural Heritage Commission .............................................................. 1, 2, 7
Design Review Committee ................................................................. 2, 3, 5, 6
Open Space, Trails and Equestrian Commission .............................. 1, 2, 3
Parks, Recreation and Senior Services Commission ......................... 1, 2
Utilities Commission .............................................................................. 1, 2
Consultants and New Positions2
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.)
App. A-4
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LAW OFFICES OF
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PART "8"
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic
interests that the designated position must disclose for each disclosure category to
wh ich he or she is assigned.3 "Investmen t" means financial interest in any bus i ness
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.
Catego ry 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.
Catego ry 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.
Ca t egory 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.
Cateoorv 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.
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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