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Ordinance No. 905 - Amending Municipal Code Conflict of Interest CodeORDINANCE NO. 905 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING ROSEMEAD MUNICIPAL CODE SECTION 2.24.020 CONFLICT OF INTEREST CODE OF THE CITY OF ROSEMEAD THE ROSEMEAD REDEVELOPMENT AGENCY, AND THE ROSEMEAD HOUSING DEVELOPMENT CORPORATION THE CITY COUNCIL OF THE CITY OF ROSEMEAD ORDAINS AS FOLLOWS: Section 1. Findings A. The Political Reform Act (Government Code Sections 81000, et seq.) requires the adoption of a Conflict of Interest Code; B. Government Code Section 87306.5 requires every local agency to review its Conflict of Interest Code biennially and make any amendments to its Conflict of Interest Code necessary due to changed circumstances. C. City staff has reviewed the Conflict of Interest Code for the City of Rosemead, the Rosemead Redevelopment Agency, and the Rosemead Housing Development Corporation, codified in Chapter 2.24 of the Rosemead Municipal Code, and determined that changes are necessary to the list of designated positions listed in Section 2.24.020 of the Rosemead Municipal Code. Section 2. Amendment of Section 2.24.020 Section 2.24.020 (Designated positions and disclosure categories) of the Rosemead Municipal Code is hereby amended to read as follows: 2.24.020 Designated positions and disclosure categories. The following designated positions shall file statements of economic interest in accordance with the assigned disclosure categories listed for the position: Designated Position Disclosure Category Assistant City Manager 11 Assistant Director of Parks & Re 11 Assistant Planner 11 I. Associate Civil Engineer 11 City Clerk 1 City Engineer 1 City Manager 1 Community Development Manager 11 Director of Community Development 11 Director of Finance 11 Director of Parks & Recreation 1 Director of Public Works 11 Finance Manager 11 Human Resources Manager 11 Manage Analyst 11 Principal Planner 11 Public Safety Coordinator 11 Public Safety Supervisor 11 Public Works Manager 11 Public Works Superintendent 11 Recreation Supervisor 1 Consultants, as that term is defined in FPPC Regulation 18700, 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 /Agency 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 disdosure 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. DISCLOSURE CATEGORIES 1. Persons in this category must disclose all investments and business positions in business entities, all sources of income, and all interests in real property. 2. Persons in this category must disclose all sources of income; business positions in business entities; investments which pertain to a business entity or activity dealing with real property,* and all interests in real property. 3. Persons in this category must disclose business positions in business entities; investments and income which pertain to a business entity or activity dealing with real property.* 4. Persons in this category must disclose interests in real property where the property is located within the boundaries of the city; business positions in business entities; investments, and income from sources which provide services, supplies, materials, machinery or equipment of the type utilized by the city in any public works project. 5. Persons in this category must disclose interests in real property where the property is located within the boundaries of the city; business positions in business entities; investments and income which pertain to a business entity or activity dealing with real property.* 6. Persons in this category must disclose investments which pertain to a business entity conducting a business in the city which requires a business license therefor pursuant to ordinances of the city. (Amended during 1999 codification; Ord. 751 § 2 (part), 1995: prior code §2251) A "business entity or activity dealing with real property" includes the sale, purchase, exchange, lease or rental, financing for its own account or as a broker of real property, or the development, syndication, subdivision of real property, or construction thereon, or buildings or structures. SECTION 3. Severability If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. Effective Date and Duration This ordinance shall take effect thirty (30) days after its adoption. SECTION 5. Publication The City Clerk is directed to cause this ordinance to be published in the manner required by law. INTRODUCED at the regular meeting of Rosemead City Council on September 28, 2010. PASSED, APPROVED AND ADOPTED this 12` day of October, 2010. AT EST: Gloria Molleda, City Clerk APPROVED AS TO FORM: Rachel Richman, City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) 1, Gloria Molleda, City Clerk of the City of Rosemead, California, do hereby certify that the foregoing Ordinance No. 905 was regularly introduced and placed upon its first reading at a regularly meeting of the City Council on the 28th of September, 2010. That after said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 12` of October, 2010 by the following vote to wit: Yes: Armenta, Clark, Low, Ly, Taylor No: None Absent: None Abstain: None " '� 16 & Gloria Molleda City Clerk ROSEMEAD CITY COUNCIL STAFF REPORT. TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER [� DATE: OCTOBER 12, 2010 SUBJECT: ORDINANCE 905 — SECOND READING: AMENDING MUNICIPAL CODE SECTION 2.24.020 CONFLICT OF INTEREST CODE SUMMARY On September 28, 2010, the City Council reviewed the Ordinance No. 905, amending Municipal Code Section 2.24.020 Conflict of Interest Code of the City of Rosemead, the Rosemead Redevelopment Agency, and the Rosemead Housing Development Corporation. Ordinance No. 905 is now before Council at the required second reading for adoption. Staff Recommendation Staff requests that City Council ADOPT Ordinance No. 905 at its second reading. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: "-AIa'L-CI Oo lbc) ('� GLORIA MOLLEDA CITY CLERK Attachment A —Ordinance No. 905 ITEM NUMBER: D