Res 99-077 RESOLUTION NO. 99- 077
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
ADOPTING THROUGH INCORPORATION BY
REFERENCE THE FAIR POLITICAL PRACTICES
COMMISSION'S STANDARD CONFLICT OF INTEREST CODE
2 CALIFORNIA CODE OF REGULATIONS SECTION 18730
AND RESCINDING RESOLUTION NO. 97-095
WHEREAS, the Political Reform Act of 1974, Government Code Sections 81000,
et seq., requires every City to adopt and promulgate a Conflict of Interest Code designating
employees and what financial interests must be disclosed by those employees, and
prohibiting the participation by such employees in decisions in which they have a financial
interest; and
WHEREAS, 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 Attachment
"A" in which officials and employees are designated and Attachment "B" in which
disclosure categories are set forth, does constitute the Conflict of Interest Code of the City
of Poway; and
WHEREAS, designated employees shall file Statements of Economic Interests with
the City Clerk who will make the statements available for public inspection and
reproduction. (Government Code Section 81008) Upon receipt of the statements of the
Mayor, Councilmembers, City Manager and the City Attorney, the City Clerk shall make
and retain a copy and forward the original of these statements to the Fair Political Practices
Commission. Statements for all other designated employees will be retained by the City
Clerk.
WHEREAS, the City Council has designated those positions that are subject to the
reporting requirements of the Code; and
WHEREAS, a revision to the Commission's Standard Conflict of Interest Code
regarding officials who manage public investments and reclassification of other employees
make it necessary to amend the list of positions subject to the reporting requirements of
the Political Reform Act.
Resolution No. 99- 077
Page 2
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
of Poway as follows:
1. that the above recitations are true;
that the standard Conflict of Interest Code, is incorporated by reference and
constitutes the Conflict of Interest Code for the City of Poway;
that the list of designated positions subject to the requirements of the Conflict
of Interest Code are amended as set forth in Attachment "A" and their
respective disclosure categories are set forth in Attachment "B";
that Resolution No. 97-095 is hereby rescinded.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting thereof this 5th day of October, 1999.
Michael P.
ATTEST:
.
Lori~Anne Peoples, City-~,l~rk
Resolution No. 99-077
Page 3
STATE OF CALIFORNIA )
)
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 99- 077 was duly adopted by the
City Council at a meeting of said City Council held on the 5th day of October, 1999, and
that it was so adopted by the following vote:
AYES: EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: GOLDBY
Eo~'-~i~Anne Peoples, City~-I~l-~k
City of Poway
Resolution No. 99-077
Page 4
ATTACHMENT A
COMMITTEES/COMMISSIONS/TASK FORCES
APPOINTED BY THE CITY COUNCIL
Budget Review
Housing Commission
Parks & Recreation
Performing Arts Advisory
Redevelopment & Housing Advisory
Senior Issues
Teen Issues
LEGISLATIVE/ADMINISTRATIVE
City Clerk
Deputy City Manager 2, 3,
Deputy City Attorney
Assistant City Attorney
Senior Management Analyst 2, 3,
Management Analyst 2, 3,
Management Assistant 2, 3,
ADMINISTRATIVE SERVICES
Deputy Director
Personnel Manager
General Services Manager
Customer Services Manager
Computer Services Manager
Accountant
Management Analyst
3,6
3,4,6
3,4,6
3,6
3,4,6
3,6
3,6
1,2
4,6
1,2
1,2
4,6
4,6
4,6
1,2
3,7
1,2
3,7
6,7
1,2
3,7
Resolution No. 99-077
Page 5
COMMUNITY SERVICES
Community Services Director
Community Services Manager
Performing Arts Manager
Recreation Supervisor
Senior Management Analyst
Management Analyst
Management Assistant
DEVELOPMENT SERVICES
Development Services Director
City Engineer
Senior Civil Engineer
1,2
2,3,4,6
3,7
3,7
3,4,7
3,4,7
3,4,7
Traffic Engineer 2,
Engineering Services Inspection, Supervisor 2,
City Planner 2,
Principal Planner 2,
Senior Planner 2,
Associate Planner 2,
Assistant Planner 2,
Development Services Technician 2,
Code Compliance Officer 2,
1,2
1,2
2,3,4,6
3,4,6
3,4,6
3,4,7
3,4,7
3,4,7
3,4,7
3,4,7
3,4,7
3,4,7
2,3,4,7
2,3,4,7
Senior Management Analyst
Management Analyst
Management Assistant
2,3,4,6
Resolution No. 99-077
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PUBLIC SERVICES
Public Services Director
Assistant Public Services Director
Maintenance Operations Manager
Water Utilities Manager
Landscape Supervisor
Senior Management Analyst
Management Analyst
1,2
1,2
2,3,4,6
2,3,4,6
3,4,7
2,3,4,6
2,3,4,6
Equipment Maintenance Supervisor
SAFETY SERVICES
Safety Services Director
Division Chief
3,7
1,2
3,7
CONSULTANTS. 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 limitation:
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 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'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.
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS. It has been determined that positions
listed below manage public investments and will file the form 700 Statement of Economic Interests:
Director of Administrative Services/City Treasurer
Finance Manager
Senior Accountant
Resolution No. 99-077
Page 7
ATTACHMENT B
General Provisions
When a designated employee is required to disclose investments and soumes of income, he need only
disclose investments in business entities and sources of income which do business in the jurisdiction,
plan to do business in the jurisdiction or have done business in the jurisdiction within the past two years.
In addition to other activities, a business entity is doing business within the jurisdiction if it owns real
property within the jurisdiction. When a designated employee is required to disclose interests in real
property, he need only disclose real property other than his principal residence which is located in whole
or in part within or not more than two miles outside the boundaries of the jurisdiction or within two miles
of any land owned or used by the local government agency.
Designated employees shall disclose their financial interests pursuant to the appropriate disclosure
category as indicated in Attachment A.
Disclosure Categories
Category 1:
All investments and sources of income.
Category 2:
All interests in real property.
Category 3:
All investments, interests in real property and sources of income subject to the
regulatory, permit or licensing authority of the department, board of commission.
Category 4:
Investments and business positions in business entities and sources of income
which engage in land development, construction or the acquisition or sale of real
property.
Category 5:
Interests and business positions in real property located within two miles of any land
owned or used by the City of Poway.
Category 6:
Investments and business positions in business entities and sources of income of
the type which, within the past two years, have contracted with the City of Poway
to provide services, supplies, materials, machinery, or equipment.
Category 7:
Investments and business positions in business entities and sources of income of
the type which, within the past two years have contracted with the designated
employee's department or board or commission, to provide services, supplies,
materials, machinery or equipment.