RESOLUTION NO. 20- 115
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO RESCINDING RESOLUTION NO. 18- 092 AND AMENDING THE
CITY OF CUPERTINO CONFLICT OF INTEREST CODE
FOR OFFICIALS AND DESIGNATED EMPLOYEES AND REQUIRING
ELECTRONIC FILING OF ALL STATEMENTS OF ECONOMIC INTEREST WHEREAS, the Political Reform Act of 1974, Government Code Sections 81000 et seq. ( the " Act" or " Political Reform Act") governs the disclosure of political campaign contributions and spending by candidates and ballot measure committees, and setsethics rules for state and local government officials that impose strict limits on decisions or votes that affect the official' s financial interests; and WHEREAS, the City Clerk is the local filing officer for all filings and statements required by the Political Reform Act including campaigncontribution and expenditure reports from candidates for City Council, controlled committees and independent expenditurecommittees, .aswell asStatementsof EconomicInterestfrom currentCity officials, officers and designated employees, per the City' s Conflict of Interest Code; and
WHEREAS, the Political Reform Act requires every state or local government agencyto adopt and promulgate a Conflict of Interest Code; and WHEREAS, the City Council last updated the City' s Conflict of Interest Code on September18, 2018by adoption of Resolution No. 18-092; and WHEREAS, the City Council now desires to amend the City' s Conflict of Interest Code to update the disclosure categories and list of designated positions, as well asto reorganize the list so that positions are grouped by department.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY RESOLVE AS FOLLOWS:
1. That Resolution No. 18-092 is hereby rescinded; and
2. That the terms of Title 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the FPPCshall, along with the Code entitled, " City of Cupertino Conflict of Interest Code for Officials and Designated Employees" as set forth in Exhibit A along with attached Resolution No. 20- 115
appendices A and B. in which members, consultants, and employees are designated and disclosure categories are set forth, constitute the Conflict of Interest Code of the City of Cupertino; and
3. That all Statementsof EconomicInterest shall befiled electronically with the City Clerk.
PASSEDAND ADOPTED at a regular meeting of the City Council of the City of Cupertinothis 15thday of September2020, by thefollowing vote.
Vote Members of the City Council
AYES: Scharf, Paul, Chao, Sinks, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
UAp—
Steven Scharf, Mayor
City of Cupertino
ATTEST:
Kirsten Squarcia, City Clerk
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Date
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Date
EXHIBIT A
CITY OF CUPERTINO CONFLICT OF INTEREST CODE
FOR OFFICIALS AND DESIGNATED EMPLOYEES
ThePolitical Reform Act, Government CodeSection81000, et seq., requires state and local government agenciesto adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code Regs. 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 to the PoliticalReformAct. Therefore, thetermsof 2Cal. CodeRegs. Section18730and any amendments to it duly adopted by the Fair Political PracticesCommission are hereby incorporated by referenceand, along with the attachedAppendices A and B in which members, consultants, and employees are designated and disclosure categories are set forth shall constitute the conflict of interest codeof the City of Cupertino.
Officials and designated employees under Government Code Section 87200 shall file electronicstatementsof economicinterests (Form 700) with the City Clerk who will make the statementsavailable for public inspection and reproduction. ( Gov.
Code Section 81008).
Upon receipt of the statements (Form 700) of the City of Cupertino City Council, City Manager, City Attorney, City Treasurer, and Planning Commissioners, the agency shall electronically forward the original of these statements to the Fair Political PracticesCommission. The City Clerk will electronically retain original statementsfor all other designated employees.
It has been determined that the positions listed below manage public investments and will file a statement of economic interests (Form 700) pursuant to Government Code Section 87200:
City Treasurer (Director of Administrative Services)
Deputy City Treasurer ( Finance Manager)
APPENDIX A
DESIGNATED POSITIONS AND
APPLICABLE REPORTABLE INTEREST CATEGORIES
Title IAssignedDisclosureCategory
ADMINISTRATIVE SERVICES, FINANCE & HUMAN RESOURCES
Director of Administrative Services ( Treasurer) 1 ( Govt Code § 87200 filer) FinanceManager (Deputy City Treasurer) 1 ( Govt Code § 87200 filer) Human Resources Manager 2
Senior Management Analyst 5
Human Resources Analyst I/ II 5
Accountant I/ II 5
Senior Accountant 5
Account Clerk I/ II 5
Accounting Technician 5
APPOINTED OR ELECTED OFFICIALS & COMMISSIONS
Ci Council 1 ( Gout Code § 87200 filers)
Audit Committee 2
Bicycle Pedestrian Commission 4
Fine Arts Commission 4
Housing Commission 1
Library Commission 4
Parks and Recreation Commission 4
Planning Commission 1 ( Govt Code § 87200 filers)
Public Safety Commission 4
Sustainability Commission 4
Technology, Information, & Communications
Commission
3 CITY ATTORNEY' S OFFICE
City Attorney 1 ( Govt Code § 87200 filer)
Deputy City Attorney 1
Senior Assistant City Attorney 1
Assistant City Attorney 1
Legal Services Manager 1
Title Assigned Disclosure Category
CITY MANAGER' S OFFICE
City Manager 1
Assistant City Manager 1
Deputy City Manager 1
Assistant to the City Manager 1
Sustainability Manager 6
Management Analyst 6
Emergency Services Coordinator 6
Executive Assistant to the City Manager 6
City Clerk' s Office
City Clerk 1
Deputy City Clerk 1
Communications & Public Information
Public Affairs Manager 3
Public Information Officer 3
Multimedia Communication Specialist 3
Economic Development
Economic Development Manager 6
COMMUNITY DEVELOPMENT
Director of Community Development 1
Assistant Director of Community Development 1
Planning
Planning Manager 1
Senior Planner 1
Associate Planner 6
Assistant Planner 6
Management Analyst 6
Deputy Board Clerk 1
Building
Building Official 14
Title Assigned Disclosure Category
Deputy Building Official 4
Senior Building Inspector 4
Building Inspector 4
Permit Center Manager 6
Permit Technician 6
Housing
Housing Manager 1
Code Enforcement
Senior Code Enforcement Officer 4
Code Enforcement Officer 4
Consultants
Consultants ( see Appendix B definitions) As determined by City Manager
INNOVATION & TECHNOLOGY
Chief Technology Officer 1
Information Technology Manager 5
Innovation and Technology Manager 5
GIS Program Manager 5
Business Systems Analyst 5
PUBLIC WORKS
Director of Public Works 1
Assistant Director of Public Works 1
Capital Improvement Program Manager 1
Public Works Projects Manager 1
Service Center Superintendent 5
Public Works Supervisor 6
Public Works Inspector 6
Senior Management Analyst 6
Environmental Services & Environmental Affairs
Environmental Programs Manager 6
Environmental Programs Specialist 6
Environmental Compliance Technician 6
Title Assigned Disclosure Category
Traffic & Engineering
City Engineer 1
Assistant Engineer 1
Transportation Manager 1
Senior Civil Engineer 4
Associate Civil Engineer 4
Senior Engineering Technician 6
Engineering Technician 6
Plan Check Engineer 6
PARKS AND RECREATION
Director of Parks and Recreation 1
Assistant Director of Parks and Recreation 1
Park Restoration and Improvement Manager 6
Recreation Manager 5
Recreation Supervisor 5
Management Analyst 6
Appendix B
DISCLOSURE CATEGORIES AND DEFINITIONS
1. FULL DISCLOSURE
What to report? All investments, positions in businessentities, sourcesof income (including gifts, loans, and travel payments), and interests in real property.
What Form 700 schedules? All Schedules ( A through E)
2. ALL INCOME
What to report? All investments, positions in businessentities, and sourcesof income (including gifts, loans, and travel payments).
What Form 700 schedules? A, C, D, E
3. CITY - RELATED INCOME
What to report? All investments, positions in businessentities, and sourcesof income (including gifts, loans, and travel payments) if the sourceprovides goods or servicesof the type utilized by or subjectto the review or approval of the City.
What Form 700 schedules? A, C, D, E
4. CITY - RELATED INCOME, REAL PROPERTY
What to report? All investments, positionsin businessentities, andsourcesof income (including gifts, loans, and travel payments) if the sourceprovides goodsor services, ofthetypeutilizedby or subjecttothereviewor approval of the City and all interests in real property.
What Form 700 schedules? All Schedules ( A through E)
5. DEPARTMENT - RELATED INCOME
What to report? All investments, positions, in businessentities, andsourcesof income (including gifts, loans, andtravel payments) if the sourceprovides goodsor servicesofthetypeutilizedby or subjecttothereviewor approvalof the department in which that person is employed.
What Form 700 schedules? A, C, D, E
6. DEPARTMENT - RELATED INCOME & REAL PROPERTY
What to report? All investments, positionsin businessentities, and sourcesof income (including gifts, loans, andtravelpayments) if thesourceprovides goodsor servicesof thetypeutilizedby or subjecttotherevieworapprovalof the departmentin which that personis employed, andall interestsin real property.
What Form 700 schedules? All Schedules ( A through E)
Definitions
For the purposes of these disclosurecategories, the definitions and regulations contained in the Political Reform Act, Government Code Sections 81000 et seq., and the Fair Political Practices Commission regulations at 2 Cal. Code Regs. Section 18730 shall apply.
Name of Agency:
Mailing Address:
Contact Person:
Email
2020 Local Agency Biennial Notice
City of Cupertino
10300 Torre Ave, Cupertino, CA 95014
Lauren Sapudar
laurens@cupertino. org
Phone No.
Alternate Email:
408- 777- 1312
Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency' s code includes disclosure by those agency officials who make or participate in making governmental decisions.
This agency has reviewed its conflict of interest code and has determined that ( check one BOX):
13 An amendmentis required. Thefollowingamendmentsarenecessary:
Check all that apply.)
O Include new positions
Q Revise disclosure categories
0 Revise the titles of existing positions
O Delete titles of positions that have been abolished and/ or positions that no longer make or participate in making governmental decisions
p Other ( describe) Updated list of designated positions, required e- filing of Form 700' The code is currently under review by the code reviewing body. 13 No amendment is required. ( If your code is over five years old, amendments may be necessary.)
Verification ( to be completed if no amendment is required) This agency' s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
Signature of Chief Executive Officer
9/ 22/ 2020
Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2020, or by the date specified by your agency, if earlier, to:
PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
www. fppc. ca. gov
FPPC Advice: advice fppc. ca. gov ( 866. 275. 3772)