HomeMy WebLinkAboutRes 2024-070RESOLUTION NO. 2024-070
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ADOPTING THE CITY’S
CONFLICT OF INTEREST CODE AND REPEALING
RESOLUTION NO. 2022-97
WHEREAS, the Political Reform Act (Government Code Section 81000 et seq.)
requires local government agencies to promulgate and adopt a Conflict of Interest Code; and
WHEREAS, on December 15, 2022, the City Council adopted Resolution
No. 2022-97, adopting a Conflict of Interest Code for the City of Palm Desert; and
WHEREAS, the Political Reform Act requires that the City Council review its
Conflict of Interest Code biennially to determine whether amendments are required; and
WHEREAS, on June 13, 2024, the City Council adopted Resolution No. 2024-026
directing staff to review the City’s Conflict of Interest Code; and
WHEREAS, a staff-level review of the City’s Disclosure Categories and the List of
Designated Positions reveals that amendments are necessary; and
WHEREAS, on September 12, 2024, the City Council received and filed the 2024
Local Agency Biennial Notice and directed staff to promulgate the necessary
amendments to the City’s Conflict of Interest Code.
NOW , THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Resolution No. 2022-97 is hereby rescinded and replaced.
SECTION 2. The City Council adopts the Conflict of Interest Code promulgated by
the Fair Political Practices Commission as set forth in Section 18730 of the California
Code of Regulations by reference, and which, together with the City’s Disclosure
Categories and List of Designated Positions collectively constitutes the City of Palm
Desert’s Conflict of Interest Code, a copy of which is attached hereto and shall be on file
with the City Clerk, and available to the public for inspection and copying, during regular
business hours.
SECTION 3. The Conflict of Interest Code shall become effective immediately
upon the date of its adoption and approval.
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Resolution No. 2024-070 Page 2
ADOPTED ON SEPTEMBER 26, 2024.
KARINA QUINTANILLA
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2024-070 is a full, true, and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Desert on September 26, 2024, by
the following vote:
AYES: HARNIK, KELLY, NESTANDE, TRUBEE, AND QUINTANILLA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on ___________________.
ANTHONY J. MEJIA
CITY CLERK
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10/2/2024
Resolution No. 2024-070 Page 3
CONFLICT OF INTEREST CODE OF THE
CITY OF PALM DESERT, CALIFORNIA
The Political Reform Act (Government Code § 81000, et seq.) requires state and local
government agencies to adopt and promulgate Conflict of Interest Codes. The Fair
Political Practices Commission has adopted a regulation (2 California Code of
Regulations Section 18730) that contains the terms of a standard Conflict of Interest
Code, which can be incorporated by reference in an agency’s Code. After public notice
and hearing, the standard code may be amended by the Fair Political Practices
Commission to conform to amendments in the Political Reform Act. Therefore, the terms
of 2 California Code of Regulations Section 18730 and any amendments duly adopted by
the Fair Political Practices Commission are hereby incorporated by reference. This
incorporation page, regulation 18730, and the attached Appendix designating positions
and establishing disclosure categories, shall constitute the Conflict of Interest Code of the
City of Palm Desert (City).
The Mayor, Members of the City Council and Planning Commission, the City Manager,
the City Attorney and the City Treasurer, may electronically file their annual statements
of economic interests directly with the Fair Political Practices Commission. All other
officials and designated positions required to submit a statement of economic interests
shall file their statements with the City Clerk as the City’s Filing Officer. The City Clerk
shall retain the original statements filed by all other officials and designated po sitions and
will make all retained statements available for public inspection and reproduction during
regular business hours. (Gov. Code § 81008.)
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APPENDIX
[The Appendix is the attachment to the incorporation page
and is separated into two parts – Part A and Part B]
PART A
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the
designated position must disclose for each disclosure category to which he or she is assigned.
CATEGORY 1: Investments/Sources of Income
All investments1 and business positions in business entities, and sources of income,
including gifts2, loans and travel payments, that are located in, doing business in, or own
real property within the jurisdiction of the CITY.
CATEGORY 2: Real Property Interests
All interests in real property which is located in whole or in part within, or not more than
two (2) miles outside, the jurisdiction of the CITY, including any leasehold, beneficial or
ownership interest or option to acquire property.
CATEGORY 3: Land Development/Construction/Acquisition
All investments1 and business positions in business entities, and sources of income,
including gifts2, loans and travel payments, that are engaged in land development,
construction or the acquisition or sale of real property within the jurisdiction of the CITY.
CATEGORY 4: Contracting/Procurement (Citywide)
All investments1 and business positions in business entities, and sources of income,
including gifts2, loans and travel payments, that provide services, products, materials,
machinery, vehicles or equipment of a type purchased or leased by the City.
CATEGORY 5: Contracting/Procurement (Department/Division)
All investments2 and business positions in business entities, and sources of income,
including gifts2, loans and travel payments, that provide services, products, materials,
machinery, vehicles or equipment of a type purchased or leased by the designated
position’s department, unit or division.
CATEGORY 6: Regulatory/Permits/Licensing Authority
All investments1 and business positions in business entities, and sources of income,
including gifts2, loans and travel payments, subject to the regulatory, permit, or licensing
authority of the designated position’s department, unit or division.
1 “Investment” means financial interest in any business entity (including a consulting business or
other independent contracting business) and are reportable if they are either located in or doing
business, are planning to do business, or have done business during the previous two years in the
jurisdiction of the CITY.
2. This Conflict of Interest Code does not require the reporting of gifts f rom outside this City’s
jurisdiction if the source does not have some connection with or bearing upon the functions or
duties of the position. (Reg. 18730.1)
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PART B
DESIGNATED POSITIONS
The Mayor, Members of the City Council and Planning Commission, the City Manager,
the City Attorney, the City Treasurer, and all other City Officials who manage public
investments as defined by 2 California Code of Regulations § 18700.3(b), are NOT
subject to the City’s Code but must file disclosure statements under Government Code
section 87200 et seq. [Regs. § 18730(b)(3)]
It has been determined that the positions listed below are the Other City Officials who
manage public investments. These positions listed below are for informational purposes
only.
• Financial Consultants
DESIGNATED POSITIONS DISCLOSURE
CATEGORIES
Members of Boards, Commissions, & Committees
Architectural Review Commission 2, 6
Building Board of Appeals 2, 6
Civic Engagement Committee 5
Cultural Arts Commission 2, 5
Cultural Resources Preservation Committee 2, 6
El Paseo Business Improvement District 5
Finance Committee 1, 2
Homelessness Taskforce 5
Housing Commission 2, 5, 6
Library Advisory Committee 5
Marketing Committee 5
Parks and Recreation Commission 2, 3, 5
Public Safety Commission 5
Rent Review Board 2, 6
Resource Preservation & Enhancement Committee 5
University Planning & Development Committee 2, 3, 5
Staff Positions/Titles
Accounting Manager 4
Assistant Building Official 2, 3, 5, 6
Analyst (All) 5
Assistant City Manager 1, 2
Business Enterprise Systems Administrator 5
Business Operations Manager 5
Capital Projects Manager 2, 4
Chief Building Official 2, 3, 5, 6
City Clerk 1, 2
City Engineer 1, 2
Code Compliance Supervisor 2, 3, 5, 6
Communications and Marketing Coordinator 5
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Community Relations Supervisor 5
Community Services Manager 2, 3, 5
Deputy City Attorney 1, 2
Assistant/Deputy Director (All) 1, 2
Director (All) 1, 2
Executive Coordinator 2, 5
Finance Supervisor 4
Homeless & Supportive Services Manager 2, 5
Housing Manager 2, 3, 5, 6
Information Systems Manager 5
Landscape Supervisor 2, 3, 5
Library Manager 5
Principal Planner 2, 3, 5, 6
Project Manager (All) 2, 5
Public Affairs Manager 5
Senior Building Inspector 2, 3, 5, 6
Senior Engineer 2, 4
Senior GIS Administrator 5
Senior Network Engineer 5
Senior Planner 2, 3, 5, 6
Special Events Coordinator 2, 3, 5, 6
Streets Maintenance Supervisor 2, 5
Consultants and New Positions
Individuals serving as consultants as defined in FPPC Reg 18700.3(a) or in a
new position created since this Code was last approved that makes or
participates in the making of decisions must file under the broadest category set
forth in this Code subject to the following limitation: The City Manager may
determine that, due to the range of duties or contractual obligations, it is more
appropriate to assign a limited disclosure requirement. A clear explanation of
the duties and a statement of the extent of th e disclosure requirement must be
in a written document (see Form 804). 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.
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