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Home My WebLink AboutCC Reso No 2010-065RESOLUTION NO. 2010-065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING RESOLUTION NO. 2008-22 UPDATING THE CONFLICT OF INTEREST CODE FOR THE CITY OF LAKE ELSINORE AND THE LAKE ELSINORE REDEVELOPMENT AGENCY WHEREAS, the Political Reform Act of 1974, Government Code Section 81000 et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes; and WHEREAS, the Fair Political Practices Commission has adopted a regulation, California Code of Regulations, Title 2, Section 18730, containing the terms of a standard conflict of interest code, which 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; and WHEREAS, in 1990, the City of Lake Elsinore adopted Resolution No. 90- 121 Conflict of Interest Code--to save the City time and money by minimizing the actions required to keep the Code in conformity with the Political Reform Act; and WHEREAS, the City of Lake Elsinore is amending the previous resolution to incorporate additional designated positions, revise titles of existing positions, and delete titles of previous positions to the Conflict of Interest Code for the City and Redevelopment Agency. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The terms of California Code of Regulations, Title 2, Section 18730 and any amendments to it duly adopted from time to time by the Fair Political Practices Commission and the attached Appendices "A" and "B" in which officials and employees re-designated and disclosure categories are set forth are hereby incorporated by reference and constitute the Conflict of Interest Code for the City of Lake Elsinore. Section 2. Persons holding designated positions shall file a statement of economic interests with the City of Lake Elsinore who will make the statements available for public inspection and reproduction pursuant to Government Code Section 81008. Upon receipt of the statements of the City Council, City Manager, City Attorney, City Treasurer, Planning Commission, and Director of Finance, the City shall make and retain a copy and forward the original of these statements to the California Fair Political Practices Commission. Statements for all other designated employees will be retained by the City of Lake Elsinore. Resolution No. 2010-065 Page 2 of 3 Section 3. The provisions of all Conflict of Interest Codes and amendments thereto previously adopted for the City of Lake Elsinore are hereby superseded. PASSED, APPROVED AND ADOPTED by the City Council of the City of Lake Elsinore, California, this 26th day of October 2010. MELISSA MELENDEZ, MAYOR CITY OF LAKE ELSINORE A CAROL COWLEY, INTERIWCITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM: rd('I A~ ,Alili / ~ ` ST~Y/~,l~b/ IZARBARA ZE)D LEIBOLD, CITY ATTORNEY CITY OF LAKE ELSINORE 2 Resolution No. 2010-065 Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, CAROL COWLEY, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2010-065 was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 26th day of October 2010, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, MAGEE, MAYOR PRO TEM BHUTTA, AND MAYOR MELENDEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE CAROL COWL CITY CLERK 3 APPENDIX A SCHEDULE OF DESIGNATED EMPLOYEES DESIGNATED EMPLOYEES DISCLOSURE CATEGORIES Administrative Services Sen, er HumanJReseurse 1~nalyst 1-2, Director of Administrative Services 1, 2, 3 Human Resources Administrator 1, 2, 3 City Manager's Office lRfermatk4GGmmunieatiens Manager 1, 2, 3 Information Technology Supervisor 1, 2, 3 City Clerk's Office City Clerk 1, 2, 3 Deputy- City Clerk 4, 2,3 Communitv Development Building and Safety Manager 1, 2, 3 Building Inspector 1, 2, 3 Director of Community Development Plannin Mana er 1, 2, 3 1 2 g g Planning Technician , 3 1, 2, 3 Senior Planner 1, 2, 3 L ake aRd auato^ Rog- Lake and Aq -atie Researses Birester 1, 2, 3 Parks & Recreation Recreation and Teurism Manager 1, 2, 3 Public Works/Enaineerin Director of Public Works/City Engineer 1, 2, 3 Public Works Inspector 1, 2, 3 Public Works Manager 1, 2, 3 4 Consultants as defined in Title 2 California Code of Regulations Section 18700 (a)(2) 5 APPENDIX B CONSULTANTS Commission Regulation 18700 defines "consultant" as an individual who, pursuant to a contract with a state or local government agency: (A) Makes a governmental decision whether to: (i) Approve a rate, rule or regulation; (ii) Adopt or enforce a law (iii) Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; (iv) Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract which requires agency approval; (v) Grant City approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract; (vi) Grant agency approval to a plan, design, report, study, or similar item; (vii) Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or (B) Serves in a staff capacity with the agency and in that capacity participates in making a governmental decision as defined in 18702.2 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 Section 87302. With respect to Consultants performing work for the City of Lake Elsinore, the City Manager may determine, in writing, which a particular Consultant is hired to perform a range of duties that are limited in scope, and thus the Consultant is not required to comply with the disclosure requirements. The determination shall be retained by the City Clerk as filing officer. Nothing herein excuses any Consultant from any other provision of this Code. 6 APPENDIX C DESCRIPTION OF DISCLOSURE CATEGORIES Following are disclosure categories consisting of types of financial interests which have been determined may foreseeably be affected materially by decisions made, participated in, or influenced by certain employees designated in Appendix A. These financial interests must be reported by the designated employees in accordance with the provisions of this code. Category 1 (Real Property Within Jurisdiction): Designated employees must report all interests in real property which are located in whole or in part within the City of Lake Elsinore or not more than two miles outside the boundaries of the City. Category 2 (All Investments and Sources of Income): Designated employees must report all investments and sources of income where the business entity or source of income does business, plans to do business, or has done business within the past two years in the City. Category 3 (Management Positions): Designated employees must report all business positions where the employer does business, plans to do business or has done business within the past two years in the City. Category 4 (General Contracting): Designated employees must report all investments in business entities, sources of income and business positions where the business entity or source of income contracts, plans to contract or has contracted within the past two years with the City to provide services, supplies, materials, machinery or equipment. Category 5 (Special Contracting): Designated employees must report all investments in business entities, sources of income and business positions where the business entity of source of income contracts, plans to contract or has contracted within the past two years with the designated employee's department to provide services, supplies, materials, machinery or equipment. 7