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RES-2006-015RESOLUTION N0. 2006 -0~5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AMENDMENTS TO THE CONFLICT OF INTEREST CODE FOR THE CITY AND VARIOUS CITY AGENCIES. WHEREAS, pursuant to the requirements of the Political Reform Act, Section 81000, et seq. of the Government Code of the State of California ("Act"), the City of Anaheim ("City"), the Anaheim Housing Authority {"Authority"), the Anaheim Redevelopment Agency {"AgencyH), the Anaheim Public Financing Authority ("APFA"), the Anaheim Public Improvement Corporation ("APIC") and the Industrial Development Authority of Anaheim ("IDA") have previously filed Conflict of Interest Codes (Authority, Agency, APFA, APIC and IDA shall hereafter be referred to collectively as the "Agencies"); and WHEREAS, pursuant to Government Code Section 82011 of the Act, the City Council is the Code Reviewing Body for any City agency within its jurisdiction (except the City Council), which includes the Agencies; and WHEREAS, the City Council has previously adopted the terms of 18730, the Conflict of Interest Code terms promulgated by the Fair Political Practices Commission {"FPPC") {2 Calif. Code of Regs. §18730.); and WHEREAS, the City Council, as the Code Reviewing Body under the Act, adopts, affirms and incorporates by reference the Conflict of Interest Code set forth in Regulation 18730, including any amendments to it duly adopted by the FPPC (the "Code"), on behalf of the City and the Agencies; and WHEREAS, the City Council has previously adopted a Code which established disclosure categories and included a list of designated positions required to file a Statement of Economic Interests, which disclosure categories and list of designated positions were heretofore adopted as Appendices A and B of said Code, respectively, and which Appendix B has heretofore been amended by Resolution of the City Council; and WHEREAS, changed circumstances, including a desire to clarify the disclosure categories and the establishment and deletion of certain departmental positions, as well as changes in job titles and responsibilities, necessitate further changes in Appendix A and Appendix B setting forth the disclosure categories and designated positions. NOW THEREFORE, be it resolved by the City Council of the City of Anaheim as follows: 1. Appendix A of the City of Anaheim Conflict of Interest Code is superseded and a new Appendix A, attached hereto and incorporated by reference herein, is hereby added to the Code effective on the da#e the City Council approves and adopts this Resolution. 2. Appendix B of the City of Anaheim Conflict of Interest Code is superseded and a new Appendix B, attached hereto and incorporated by reference herein, is hereby added to the Code effective on the date the City Council approves and adopts this Resolution. 3. Those employees or officials whose positions are designated in Appendix B for the first time are required to file an initial statement as defined by the Act. BE IT FURTHER RESOLVED that this Resolution shall supersede any prior Resolutions of the City Council to the extent of any inconsistency between the provisions thereof. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 7th day of February, 2006, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM MAYOR OF THE CITY OF ANAHEIM ATTEST: ,~ .~ i TY CLERK OF THE CITY OF ANAHEIM 60361.21smannlJanuary 24, 2006 CITY OF ANAHEIM CONFLICT OF INTEREST CODE APPENDIX A DISCLOSURE CATEGORIES City of Anaheim Conflict of Interest Code Disclosure Categories Disclosure Category 1: Broad responsibilities. Full Disclosure Persons in this category shall disclose all applicable investments, business positions, and sources of income, including gifts, loans and travel payments. Persons in this category shall further disclose applicable interests in real property located in the City, including property located within a two mile radius of the City or of any property owned or used by the City.* Disclosure Category 2: City-wide Purchasing Responsibilities Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from sources which provide services, supplies, materials, machinery, or equipment of the type utilized by the City* Disclosure Category 3: DepartmentlDivision Purchasing Responsibilities Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from sources which provide services, supplies, materials, machinery, or equipment of the type utilized by the designated employee's department or division.* Disclosure Category 4: Regulatory Power Persons in this category shall disclose ali applicable investments, business positions, and income, including loans and gifts, from any source which is subject to the regulatory, permit, or licensing authority of the designated employee's department or division.* Disclosure Category 5: Decision-Making Authority Affecting Real Property Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from sources which engage in land development, construction, or the acquisition or sale of real property. Persons in this category shall further disclose all interests in real property located in the City, and within a two mile radius of the City or of any property owned or used by the City.* Disclosure Category 6: Decision-Making Authority Affecting Claims andlor Insurance Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from: A) Persons or entities which provide services, supplies, materials, machinery or equipment of the type utilized by the City. Business positions in business entities that manufacture, sell, supply, or promote personnel training materials or that offer personnel consulting services, and that do business, or expect to do business, within the City. B) Entities which are engaged in the business of insurance including, but not limited to, insurance companies, carriers, holding companies, underwriters, brokers, solicitors, agents, adjusters, claims managers and actuaries. C) Financial institutions including, but not limi#ed to, banks, savings and loan associations and credit unions. D) Entities or persons who have filed a claim, or have a claim pending, against the City which is reviewed by the designated employee's department or division. E} Income received from investments in, and business positions in business entities that offer, sell, or service group medical insurance, group life insurance, group dental insurance, pension plans, or that make investments or any way manage funds relating thereto, and that do business, or expect to do business, within the City.* Disclosure Category l: Investment Responsibilities Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from financial institutions doing business with or eligible to do business with the City.* Disclosure Category 8: Limited Area Responsibilities Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from sources located in or doing business in the project area. Persons in this category shall further disclose all applicable interests in real property located in or within 2 miles of the project area. *Definitions "Applicable investments" relates to investments held by the designated employee, spouse and dependent children with an aggregate value of $2,000 or more located or doing business in the jurisdiction. It includes investments held by a business entity or trust in which the designated employee, spouse and dependent children have an aggregate interest of 10% or greater. "Applicable business positions" relates to positions in which the designated employee was a director, officer, partner, trustee, employee or held any position of management during the period covered by the report, even if the designated employee received no income from the business entity during the period. "Applicable income" includes the designated employee's gross income (including loans) and the employee's community property interest in his or her spouse's gross income aggregating $500 or more received from any source loca#ed in or doing business in the jurisdiction. Please note that loans are reported on a separate schedule. "Applicable gift includes anything of value for which the designated employee has not provided equal or greater consideration to the donor. A gift is reportable if its fair market value is $50 or more. In addition, multiple gifts aggregating $50 or more received during the reporting period from a single source must be reported. Unless otherwise expressly limited in the Disclosure Category, gifts are reportable without regard to where the donor is located. "Applicable interest in real property" includes those located in the jurisdiction in which the employee, spouse, or dependent children had a direct, indirect, or beneficial interest aggregating $2,000 or more any time during the reporting period. The employee is not required to report a residence used exclusively as a personal residence. "Jurisdiction" means the City of Anaheim. Real property is deemed to be "within the jurisdiction" if the property or any part of it is located in or within two miles of the boundaries of the City or any property owned or used by the City, unless a smaller area is specified in the Disclosure Category. 57683.21smann/January 24, 2006 .~ ANAHEIM PRIVATE INDUSTRY COUNCIL CONFLICT OF INTEREST CODE DESIGNATED POSITIONS FOR THE PUBLIC FINANCING AUTHORITY Exhibit T Designated Positions Disclosure Catenry Authority Directors Authority Executive Director Authority Treasurer Authority Secretary Consultant* * Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest category in the code subject to the following limitation: The City Manager, or his or her designee's, 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 the description, a statement of the extent of disclosure requirements. The City Manager's, or his or her designee, determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.