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cc/bsd/sa 2022 AR 09/13 biennial conflict of interest review

Vista City Council
September 13, 2022

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cc/bsd/sa 2022 AR 09/13 biennial conflict of interest review
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September 13, 2022
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Vista City Council
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® CITY COUNCIL
AGENDA ❑ COMMUNITY DEVELOPMENT COMMISSION
REPORT ® SUCCESSOR AGENCY
® BUENA SANITATION DISTRICT
❑ JOINT POWERS FINANCING AUTHORITY
Department: City Clerk Item No: C4
Prepared by: Kathy Valdez, City Clerk Meeting Date: September 13, 2022 Approved by: Patrick Johnson, City Manager Agenda Location: Consent Calendar SUBJECT: CONFLICT OF INTEREST CODE BIENNIAL REVIEW
RECOMMENDATION:

1. Adopt City Council Resolution No. 2022- , amending the list of designated employees subject to the provisions of the Conflict of Interest Code of the City of Vista pursuant to Chapter 2.32 of the Vista Municipal Code.

2. Adopt Successor Agency Resolution No. 2022- , amending the list of designated employees subject to provisions of the Conflict of Interest Code of the Successor Agency.

3. Adopt Buena Sanitation District Resolution No. 2022- , amending the list of designated employees subject to the provisions of the Conflict of Interest Code.

4. Direct the City Manager/District Manager/Executive Director to sign, and the City Clerk/Secretary/Clerk of the Board to file, the 2022 Local Agency Biennial Notices for the City of Vista, the Successor Agency to the Vista Redevelopment Agency, and the Buena Sanitation District.

CORRELATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.

PRIOR ACTION: On June 14, 2022, directed staff to review the City's Conflict of Interest Codes to determine if changes are required and to submit necessary changes to the City Council, the Buena Sanitation District, and the Successor Agency to the Vista Redevelopment Agency prior to October 1, 2022 (Vote: 5-0).

STATEMENT ON THE SUBJECT: State law requires local agencies to review their Conflict of Interest Codes every even-numbered year and to file a Local Agency Biennial Notice prior to October first of that year. The notice declares that the agency has reviewed its Conflict of Interest Code and indicates any amendments.

Staff has reviewed the Conflict of Interest Codes and the list of designated employees, and determined that amendments are necessary to update the list of designated employees for each of the following agencies:
• The Chartered City of Vista
• The Successor Agency to the Vista Redevelopment Agency • The Buena Sanitation District.

ACTION: Approved above recommendation, adopted the following: 1) City Council Resolution No. 2022-132; Successor Agency Resolution No. 2022-1; and 3) Buena Sanitation District Resolution No. 2022-18.

Vote: 5-0
Clerk/S cretary
09/13/2022 C4 1 of 18

MEETING DATE: September 13, 2022 PAGE 2
SUBJECT: CONFLICT OF INTEREST CODE BIENNIAL REVIEW
Employee positions are listed as designated under their respective Conflict of Interest Code criteria when they make or participate in making decisions which may have a material financial effect on the agency. The Codes are reviewed to match the City-Wide Classification and Compensation Index (CCI).

City of Vista Conflict of Interest Code. Chapter 2.32 of the Vista Municipal Code, and a list of employees designated to file statements of economic interest is separately adopted by the City Council by resolution.

The following changes have been made to the City of Vista Conflict of Interest Code since the last biennial review (see Exhibit 2 for a red-line version):

The Department title "Administrative Services" has been changed to "Human Resources" The following positions have been removed:
• Risk and Safety Analyst
• Deputy City Attorney
• Construction Manager
• Assistant Planner
• Environmental Planner
• Associate Engineer
• Recreation Manager
The following positions have been added:
• Risk and Safety Program Manager
• Homeless Services Program Manager
• Climate Action Plan Program Administrator
• Senior Information Technology Analyst
• Information Technology Analyst
• Senior Planner
• Sewer Engineering Division Manager
• Budget Manager
• Recreation & Community Services Operations Manager The following Board has been added:
• Central Vista Business Improvement District Advisory Board The Redevelopment & Housing department has been removed; the Housing Program Manager is under the City Manager department.

Successor Agency Conflict of Interest Code. The following changes have been made to the Appendix since the last biennial review (see Exhibit 4 for a red-line version):

The following positions has been removed:
• Deputy Successor Agency Counsel
The following position has been added:
•Homeless Services Program Manager
Buena Sanitation District Conflict of Interest Code. The following change has been made to the Appendix since the last biennial review (see Exhibit 6 for a red-line version):
09/13/2022 C4 2 of 18

MEETING DATE: September 13, 2022 PAGE 3
SUBJECT: CONFLICT OF INTEREST CODE BIENNIAL REVIEW
The following positions have been added:
•Sewer Engineering Division Manager
•Principal Engineer
•Capital Projects Manager
•Construction Inspector II
•The following positions have been removed:
•Deputy District Counsel
•Sewer Program Director
•Construction Manager
FISCAL IMPACT: There is no direct fiscal impact associated with the staff recommendation.

EXHIBITS:

1. City Council Resolution No. 2022- , amending the list of designated employees subject to the provisions of the Conflict of Interest Code of the City of Vista pursuant to Chapter 2.32 of the Vista Municipal Code

2. Red-line version of Appendix to Conflict of Interest Code of the City of Vista

3. Successor Agency Resolution No. 2022- , amending the list of designated employees subject to the provisions of the Conflict of Interest Code of the Successor Agency

4. Red-line version of Appendix to Successor Agency Conflict of Interest Code

5. Buena Sanitation District Resolution No. 2022- , amending the list of designated employees subject to the provisions of the Conflict of Interest Code

6. Red-line version of the Appendix to the Buena Sanitation District Conflict of Interest Code 09/13/2022 C4 3 of 18

RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA AMENDING THE LIST OF DESIGNATED EMPLOYEES SUBJECT TO

THE PROVISIONS OF THE CONFLICT OF INTEREST CODE OF THE CITY OF VISTA PURSUANT TO CHAPTER 2.32 OF THE VISTA MUNICIPAL CODE The City Council of the City of Vista does resolve as follows:

1. Findings.

A. The Political Reform Act of 1974, California Government Code Section 81000, et seq., requires the City of Vista to adopt a Conflict of Interest Code ("Code"), and periodically review and amend it, if amendments are required.

B. The City Council has adopted a Code by reference, as Chapter 2.32 of the Vista Municipal Code.

C. The City Council has directed the City Manager to review the current Code, including the list of those positions identified as "designated employees" in the Appendix.

D. The City Council has received and considered the recommendations of the City Manager and the City Clerk with respect to the proposed changes and amendments to the Code and the Appendix of positions identified as "designated employees" subject to the provision for financial disclosure under the Code.

2. Action.

The list of those positions of the City of Vista identified as "designated employees" of the City for purposes of requiring the filing of financial disclosure statements pursuant to the City's Code, and the disclosure categories under which such financial disclosure shall be made, is approved as identified in the Appendix attached and incorporated by reference.

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on September 13, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

JUDY RITTER, MAYOR
APPROVED AS TO FORM: ATTEST:

WALTER CHUNG, CITY ATTORNEY KATHY VALDEZ, CITY CLERK By: By:

APPROVED
Walter C.Chung
20220830135244
EXHIBIT 1
09/13/2022 C4 4 of 18

APPENDIX TO THE CONFLICT OF INTEREST CODE OF THE CITY OF VISTA

DESIGNATED EMPLOYEES AND DISCLOSURE CATEGORIES
I. OFFICIALS DESIGNATED BY STATUTE
The following officials of the City of Vista are designated by Section 87200 of the Political Reform Act as being required to file Statements of Economic Interests.

OFFICIALS DISCLOSURE CATEGORIES
Mayor and Members of the City Council 1,2
Members of the Planning Commission 1,2
City Manager 1,2
City Attorney 1,2
City Treasurer/Director of Finance 1,2
II. LOCAL DESIGNATED OFFICIALS AND EMPLOYEES
The following officials and employees are hereby determined to be "designated employees" pursuant to Section 2.32.030 of the Vista Municipal Code and Section 87302 of the Political Reform Act, and shall file Statements of Economic Interests in accordance with the disclosure categories identified for each, pursuant to Section

2.32.040 of the Vista Municipal Code.

DEPARTMENT AND POSITION DISCLOSURE CATEGORIES

HUMAN RESOURCES
Human Resources Director 3,5
Principal Human Resources Analyst 3,5
Risk and Safety Program Manager 3,5
Human Resources Analyst 3,5

CITY ATTORNEY
Assistant City Attorney 1,2

CITY CLERK
City Clerk 1,2
Assistant City Clerk 2,4,6

CITY MANAGER
Assistant City Manager 1,2
Assistant to the City Manager 2,4,6
Housing Program Manager 1,2
Homeless Services Program Manager 1,2
Climate Action Plan Program Administrator 1,2
Management Analyst 2,4,6
Code Enforcement Manager 2,4,5
Communications Officer 2,4,6
Information Technology Manager 3,5
GIS Coordinator 2,4,6
Senior Information Technology Analyst 2,4,6
Information Technology Analyst 2,4,6
000901521
09/13/2022 C4 5 of 18

DEPARTMENT AND POSITION DISCLOSURE CATEGORIES
CITY MANAGER (continued)
Senior Code Enforcement Officer 3,4,5
Code Enforcement Officer I and II 3,4

COMMISSION, BOARD & COMMITTEE MEMBERS
Building Board of Appeals 2,3,6
CDBG Advisory Committee 3
Investment Advisory Committee 5
Mobilehome Review Board 2,3
Parks and Recreation Commission 2,3
Public Arts Commission 2,3
Traffic Commission 2,3
Central Vista Business Improvement District Advisory Board 2,3

COMMUNITY DEVELOPMENT/ENGINEERING
Director of Community Development 1,2
Deputy Director Community Development/City Planner 1,2 City Engineer 1,2
Stormwater Program Manager 2,4,5
Management Analyst 2,4,6
Right-of-Way Agent 2,4,5
Building Official 1,2
Principal Planner 1,2
Senior Planner 1,2
Associate Planner 1,2
Sewer Engineering Division Manager 1,2
Senior Environmental Specialist 2,4,5
Environmental Specialist II 2,4,5
Principal Engineer 2,4,5
Senior Engineer 2,4,5
Assistant Engineer 2,4,5
Plan Check Engineer 3,4
Construction Inspector II 2,4,5
Senior Building Inspector 3,4,5
Building Inspector II 3,4
Capital Projects Manager 2,4,5

ECONOMIC DEVELOPMENT
Director of Economic Development 1,2
Economic Development Specialist 2,4,6

FINANCE
Finance Manager 1,2
Budget Manager 1,2
Senior Accountant 2,4,6
Senior Management Analyst 2,4,6
000901521
09/13/2022 C4 6 of 18

DEPARTMENT AND POSITION DISCLOSURE CATEGORIES
FIRE
Fire Chief 1,2
Deputy Fire Chief 1,2
Fire Battalion Chief 3,4,5
Emergency Services Officer 3,4,5
Management Analyst 2,4,6
Assistant Fire Marshall 3,4,5
Fire Inspector 3,4

RECREATION & COMMUNITY SERVICES
Director of Recreation & Community Services 1,2
Recreation & Community Services Operations Manager 3,4,5 Community Services Program Manager 3,4,5
Waterpark Manager 3,4,5
Assistant Waterpark Manager 3,4,5
Management Analyst 2,4,6
Marketing Specialist 2,4,6
Food Services Supervisor 3,5
Theatre Technical Coordinator 3,5
Theater Rentals &Technical Supervisor 3.5
Ticket Office Supervisor 3,5

PUBLIC WORKS
Director of Public Works 1,2
Public Works Operations Manager 3,4,5
Management Analyst 2,4,6
Public Works Supervisor 3,4,5
OTHER
New positions created subsequent to the adoption of this appendix which will qualify for treatment as a "designated employee" in the judgment of the City Manager or his/her designee, will be assigned disclosure categories that correspond to the closest comparable position until the next appendix is adopted.

III. DISCLOSURE CATEGORIES
Disclosure categories are defined by Section 2.32.040 of the Vista Municipal Code, which is reproduced below for convenience:

Section 2.32.040 Disclosure Categories
As used in Section 2.32.020, disclosure categories are as follows:

Category 1: Investments and business positions in business entities and sources of income.

Category 2: Interests in real property.

Category 3: Investments and business positions in business entities, interests in real property, and sources of income subject to the regulatory, permit or licensing authority of the department, board, commission, or City agency.

Category 4: Investments and business positions in business entities, and sources of income which engage in land development, construction, acquisition or sale of real property.
000901521
09/13/2022 C4 7 of 18

Category 5: Investments and business positions in business entities, and sources of income of the type which, within the past two years, have contracted with the designee employee's department or board or commission, to provide services, supplies, materials, machinery or equipment.

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, or a City agency, to provide services, supplies, materials, machinery or equipment.
(Prior Code 2-43;Ord.No.89-47,Amended 1/8/90;Ord. No.96-14,Amended,07/23/96) 000901521
09/13/2022 C4 8 of 18

APPENDIX TO THE CONFLICT OF INTEREST CODE OF THE CITY OF VISTA

DESIGNATED EMPLOYEES AND DISCLOSURE CATEGORIES
I. OFFICIALS DESIGNATED BY STATUTE
The following officials of the City of Vista are designated by Section 87200 of the Political Reform Act as being required to file Statements of Economic Interests.

OFFICIALS DISCLOSURE CATEGORIES
Mayor and Members of the City Council 1,2
Members of the Planning Commission 1,2
City Manager 1,2
City Attorney 1,2
City Treasurer/Director of Finance 1,2
II. LOCAL DESIGNATED OFFICIALS AND EMPLOYEES
The following officials and employees are hereby determined to be "designated employees" pursuant to Section 2.32.030 of the Vista Municipal Code and Section 87302 of the Political Reform Act, and shall file Statements of Economic Interests in accordance with the disclosure categories identified for each, pursuant to Section

2.32.040 of the Vista Municipal Code.

DEPARTMENT AND POSITION DISCLOSURE CATEGORIES

ADMINISTRATIVE CERVICES

HUMAN RESOURCES
Human Resources Director 3,5
Principal Human Resources Analyst 3,5
Rick and Safety Analyst
Risk and Safety Program Manager
Human Resources Analyst 3,5

CITY ATTORNEY
Assistant City Attorney 1,2
Deputy (-City A++herney

CITY CLERK
City Clerk 1,2
Assistant City Clerk 2,4,6

CITY MANAGER
Assistant City Manager 1,2
Assistant to the City Manager 2,4,6
Housing Program Manager 1,2
Senier Management Analyst 2- ^ 6
0 0
Homeless Services Program Manager 1,2
Climate Action Plan Program Administrator 1,2
Management Analyst 2,4,6
Code Enforcement Manager 2,4,5
Communications Officer 2,4,6
000901521 EXHIBIT 2
09/13/2022 C4 9 of 18

Information Technology Manager 3,5
GIS Coordinator 2,4,6
Senior Information Technology Analyst 2,4,6
Information Technology Analyst 2,4,6
Senior Code Enforcement Officer 3,4,5
Code Enforcement Officer I and II 3,4
DEPARTMENT AND POSITION DISCLOSURE CATEGORIES

COMMISSION, BOARD & COMMITTEE MEMBERS
Building Board of Appeals 2,3,6
CDBG Advisory Committee 3
Investment Advisory Committee 5
Mobilehome Review Board 2,3
Parks and Recreation Commission 2,3
Public Arts Commission 2,3
Traffic Commission 2,3
Central Vista Business Improvement District Advisory Board 2,3

COMMUNITY DEVELOPMENT/ENGINEERING
Director of Community Development 1,2
Deputy Director Community Development/City Planner 1,2 City Engineer 1,2
Stormwater Program Manager 2,4,5
Management Analyst 2,4,6
Right-of-Way Agent 2,4,5
Genctn i^tien Manage
Building Official 1,2
Principal Planner 1,2
Senior Planner 1,2
Associate Planner 1,2
Assistant P-lanRer 1,2
Sewer Engineering Division Manager 1,2
ERVir�renmentaliu Planner 1,2
f
Senior Environmental Specialist 2,4,5
Environmental Specialist II 2,4,5
Principal Engineer 2,4,5
Senior Engineer 2,4,5
AssG^ate ni Tour 24,5
Assistant Engineer 2,4,5
Plan Check Engineer 3,4
Construction Inspector II 2,4,5
Senior Building Inspector 3,4,5
Building Inspector II 3,4
Capital Projects Manager 2,4,5

ECONOMIC DEVELOPMENT
Director of Economic Development 1,2
Economic Development Specialist 2,4,6

FINANCE
000901521
09/13/2022 C4 10 of 18

Finance Manager 1,2
Budget Manager 1,2
Senior Accountant 2,4,6
Senior Management Analyst 2,4,6
FIRE
Fire Chief 1,2
Deputy Fire Chief 1,2
Fire Battalion Chief 3,4,5
Emergency Services Officer 3,4,5
Management Analyst 2,4,6
Assistant Fire Marshall 3,4,5
Fire Inspector 3,4
DEPARTMENT AND POSITION DISCLOSURE CATEGORIES

RECREATION & COMMUNITY SERVICES
Director of Recreation & Community Services 1,2
Recreation & Community Services Operations Manager 3,4,5 Community Services Program Manager 3,4,5
Waterpark Manager 3,4,5
Assistant Waterpark Manager 3,4,5
Management Analyst 2,4,6
Marketing Specialist 2,4,6
Food Services Supervisor 3,5
Theatre Technical Coordinator 3,5
Theater Rentals & Technical Supervisor 3.5
Ticket Office Supervisor 3,5
ReGreatinn Manager 2T5

PUBLIC WORKS
Director of Public Works 1,2
Public Works Operations Manager 3,4,5
Management Analyst 2,4,6
Public Works Supervisor 3,4,5

REDEVELOPMENT & HOUSING
Housing Pregram Manager 2,4,6
OTHER
New positions created subsequent to the adoption of this appendix which will qualify for treatment as a "designated employee" in the judgment of the City Manager or his/her designee, will be assigned disclosure categories that correspond to the closest comparable position until the next appendix is adopted.

III. DISCLOSURE CATEGORIES
Disclosure categories are defined by Section 2.32.040 of the Vista Municipal Code, which is reproduced below for convenience:

Section 2.32.040 Disclosure Categories
000901521
09/13/2022 C4 11 of 18

As used in Section 2.32.020, disclosure categories are as follows:

Category 1: Investments and business positions in business entities and sources of income.

Category 2: Interests in real property.

Category 3: Investments and business positions in business entities, interests in real property, and sources of income subject to the regulatory, permit or licensing authority of the department, board, commission, or City agency.

Category 4: Investments and business positions in business entities, and sources of income which engage in land development, construction, acquisition or sale of real property.

Category 5: Investments and business positions in business entities, and sources of income of the type which, within the past two years, have contracted with the designee employee's department or board or commission, to provide services, supplies, materials, machinery or equipment.

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, or a City agency, to provide services, supplies, materials, machinery or equipment.
(Prior Code 2-43;Ord. No.89-47,Amended 1/8/90;Ord. No.96-14,Amended,07/23/96) 000901521
09/13/2022 C4 12 of 18

RESOLUTION NO. 2022-

A RESOLUTION OF THE BOARD OF THE SUCCESSOR AGENCY TO THE

VISTA REDEVELOPMENT AGENCY AMENDING THE LIST OF DESIGNATED

EMPLOYEES SUBJECT TO THE PROVISIONS OF THE CONFLICT OF

INTEREST CODE OF THE SUCCESSOR AGENCY
The Board of the Successor Agency does resolve as follows:

1. Findings. The Successor Agency Board hereby finds and declares the following:

A. The Political Reform Act of 1974, California Government Code Section 81000, et seq. requires the Successor Agency to the Vista Redevelopment Agency to adopt a conflict of Interest Code ("Code"), and periodically review and amend it, if amendments are required.

B. On April 24, 2012, the Successor Agency adopted Resolution No. 2012-10 adopting a Code by reference.

C. The Successor Agency has directed the Executive Director to review the current Code, including the list of those positions identified as "designated employees" in the Appendix.

D. The successor Agency has received and considered the recommendations of the Executive Director and the Secretary with respect to the proposed changes and amendments to the Code and the Appendix of positions identified as "designated employees" subject to the provision for financial disclosure under the Code.

2. Action.

The list of those positions of the Successor Agency identified as "designated employees" of the Successor Agency for purposes of requiring the filing of financial disclosure statements pursuant to the Successor Agency's Code, and the disclosure categories under which such financial disclosure shall be made, is approved as identified in the Appendix attached and incorporated by reference.

3. Adoption.

PASSED AND ADOPTED at a meeting of the Board of the Successor Agency to the Vista Redevelopment Agency held on September 13, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

JUDY RITTER, SUCCESSOR AGENCY CHAIR
APPROVED AS TO FORM: ATTEST:

WALTER CHUNG, SUCCESSOR AGENCY COUNSEL KATHY VALDEZ, SUCCESSOR AGENCY SECRETARY By: By:

APPROVED
Walter C.Chung
20220906104842
EXHIBIT 3
09/13/2022 C4 13 of 18

APPENDIX TO THE CONFLICT OF INTEREST CODE OF THE

SUCCESSOR AGENCY TO THE VISTA REDEVELOPMENT AGENCY

LIST OF DESIGNATED EMPLOYEES AND DISCLOSURE CATEGORIES

OFFICIALS
The following officials of the Successor Agency to the Vista Redevelopment Agency are designated by Section 87200 of the Political Reform Act as being required to file Statements of Economic Interests providing disclosure in the following categories:

Successor Agency Board Members 1,2
Executive Director 1,2
Assistant Executive Director 1,2
Successor Agency Counsel 1,2
Assistant Successor Agency Counsel 1,2
Housing Manager 1,2
Homeless Services Program Manager 1,2
Director(Community Development) 1,2
Director(Economic Development) 1,2
Director(Finance), Treasurer 1,2
Finance Manager 1,2
Successor Agency Secretary 1,2
Successor Agency Assistant Secretary 2,4,6
Deputy Director Community Development/City Planner 1,2 Building Official 1,2
City Engineer 1,2
OTHER
New positions, including those hired as consultants, created subsequent to the adoption of this appendix which will qualify for treatment as a "designated employee" in the judgment of the Executive Director or his/her designee, will be assigned disclosure categories that correspond to the closest comparable position until the next appendix is adopted. 000904921
09/13/2022 C4 14 of 18

APPENDIX TO THE CONFLICT OF INTEREST CODE OF THE

SUCCESSOR AGENCY TO THE VISTA REDEVELOPMENT AGENCY

LIST OF DESIGNATED EMPLOYEES AND DISCLOSURE CATEGORIES

OFFICIALS
The following officials of the Successor Agency to the Vista Redevelopment Agency are designated by Section 87200 of the Political Reform Act as being required to file Statements of Economic Interests providing disclosure in the following categories:

Successor Agency Board Members 1,2
Executive Director 1,2
Assistant Executive Director 1,2
Successor Agency Counsel 1,2
Assistant Successor Agency Counsel 1,2
Housing Manager 1,2
Homeless Services Program Manager 1,2
Director (Community Development) 1,2
Director (Economic Development) 1,2
Director (Finance), Treasurer 1,2
Finance Manager 1,2
Successor Agency Secretary 1,2
Successor Agency Assistant Secretary 2,4,6
Deputy Director Community Development/City Planner 1,2 Building Official 1,2
City Engineer 1,2
OTHER
New positions, including those hired as consultants, created subsequent to the adoption of this appendix which will qualify for treatment as a "designated employee" in the judgment of the Executive Director or his/her designee, will be assigned disclosure categories that correspond to the closest comparable position until the next appendix is adopted. 000904921 EXHIBIT 4
09/13/2022 C4 15 of 18

RESOLUTION NO. 2022-

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

BUENA SANITATION DISTRICT AMENDING THE LIST OF

DESIGNATED EMPLOYEES SUBJECT TO THE PROVISIONS

OF THE CONFLICT OF INTEREST CODE
The Buena Sanitation District Board of Directors does resolve as follows:

1. Findings.

A. The Political Reform Act of 1974, California Government Code Section 81000, et seq., requires the Buena Sanitation District to adopt a Conflict of Interest Code ("Code"), and periodically review and amend it, if amendments are required.

B. The Board of Directors has adopted a Code pursuant to Resolution No. 2016-11.

C. The Board of Directors has directed the Executive Director to review the current Code, including the list of those positions identified as "designated employees" in the Appendix.

D. The Board of Directors has received and considered the recommendations of the Executive Director and the Clerk of the Board with respect to the proposed changes and amendments to the Code and the Appendix of positions identified as "designated employees" subject to the provision for financial disclosure under the Code.

2. Action.

The list of those positions of the Buena Sanitation District identified as "designated employees" of the District for purposes of requiring the filing of financial disclosure statements pursuant to the District's Code, and the disclosure categories under which such financial disclosure shall be made, is approved as identified in the Appendix attached and incorporated by reference.

3. Adoption. PASSED AND ADOPTED at a meeting of the Board of Directors of the Buena Sanitation District held on September 13, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

JUDY RITTER, MAYOR
APPROVED AS TO FORM: ATTEST:

WALTER CHUNG, DISTRICT COUNSEL KATHY VALDEZ,CLERK OF THE BOARD By: By:

APPROVED
Walter C.Chung
20220906104959
EXHIBIT 5
09/13/2022 C4 16 of 18

APPENDIX TO THE BUENA SANITATION DISTRICT

CONFLICT OF INTEREST CODE

DESIGNATED EMPLOYEES AND DISCLOSURE CATEGORIES
The following officials of the Buena Sanitation District are designated by Section 87200 of the Political Reform Act as being required to file Statements of Economic Interests.

OFFICIALS DISCLOSURE CATEGORIES
Chairperson 1,2
Members of the Board 1,2
District Manager 1,2
District Counsel 1,2
District Treasurer/Director of Finance 1,2
Clerk of the Board 1,2
The following officials and employees are hereby determined to be other public officials who manage public investments and shall file Statements of Economic Interests in accordance with the disclosure categories identified for each, pursuant to this resolution.

DEPARTMENT AND POSITION DISCLOSURE CATEGORIES
Assistant District Manager 1,2
Assistant District Counsel 1,2
Sewer Engineering Division Manager 1,2
Director of Community Development 1,2
City Engineer 1,2
Principal Engineer 1,2
Senior Engineer 2,4,5
Capital Projects Manager 1,2
Construction Inspector II 2,4,5
Finance Manager 1,2
Members of the Investment 1,2
Advisory Committee
000904911
09/13/2022 C4 17 of 18

APPENDIX TO THE BUENA SANITATION DISTRICT

CONFLICT OF INTEREST CODE

DESIGNATED EMPLOYEES AND DISCLOSURE CATEGORIES
The following officials of the Buena Sanitation District are designated by Section 87200 of the Political Reform Act as being required to file Statements of Economic Interests.

OFFICIALS DISCLOSURE CATEGORIES
Chairperson 1,2
Members of the Board 1,2
District Manager 1,2
District Counsel 1,2
District Treasurer/Director of Finance 1,2
Clerk of the Board 1,2
The following officials and employees are hereby determined to be other public officials who manage public investments and shall file Statements of Economic Interests in accordance with the disclosure categories identified for each, pursuant to this resolution.

DEPARTMENT AND POSITION DISCLOSURE CATEGORIES
Assistant District Manager 1,2
Assistant District Counsel 1,2
Deputy DiStriGt CG Rsel 4-2
e
Sewer Program DireGtnr
r
Sewer Engineering Division Manager 1,2
Director of Community Development 1,2
City Engineer 1,2
Principal Engineer 1,2
Senior Engineer 2,4,5
GenStFUGtiOR Manage 4-,2
Capital Projects Manager 1,2
Construction Inspector II 2,4,5
Finance Manager 1,2
Members of the Investment
Advisory Committee 1,2
000904911 EXHIBIT 6
09/13/2022 C4 18 of 18

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