CC Resolution No. 22-120 Rescinding 20-115 amending the City of Cupertino Conflict of Interest Code for officials and designated employees_2022 Biennial Notice AttachmentRESOLUTION NO . 22-120
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
RESCINDING RESOLUTION NO. 20-115 AND AMENDING THE
CITY OF CUPERTINO CONFLICT OF INTEREST CODE
FOR OFFICIALS AND DESIGNATED EMPLOYEES
WHEREAS, the Political Reform Ac t of 1974, Government Code Sections 81000
et seq. (the "Act" or "Political Reform Act") governs the disclosure of poli tical
campaign contributions and spending by candidates and ballot measure committees,
and se ts e thics rules for state and loca l government o ff ic ia ls that impose stric t li mits
on decis ions or votes that affect the official's financia l interests; and
WHEREAS, the City Clerk is the local filing officer for all filings and sta tements
required by the Political Reform Act including campaign contribution and expenditure
reports from candidates for City Council, controlled committees and independent
expenditure committees, as well as Statements of Economic Interest from current City
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
agency to adopt and promulgate a Conflict of Interest Code; and
WHEREAS, the City Council last updated the City's Conflict o f Interest Code
on September 15, 2020 by adoption of Resolution No. 20-115 ; 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 as to 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 That Resolution No. 20-115 is hereby rescinded; and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 FPPC shall, 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
appendices A and B, in which member s, consultants, and employees are
Resolution No. 22-120
Page2
designated and disclosure categories are set forth, constitute the Conflict of
Interest Code of the City of Cupertino; and
3. That all Statements of Economic Interest shall be filed electronically with the
City Clerk.
PASS ED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 20th day of September 2022, by the following vote.
Members of the City Council
A YES: Paul, Chao, Moore, Wei, Willey
NOES : None
ABSENT: None
ABSTAIN : None
SIGNED:
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Date DarcyPau~
City of Cuper ·
ATTEST:
Kirsten Squarcia, City Clerk Date
10/3/22
EXHIBIT A
CITY OF CUPERTINO CONFLICT OF INTEREST CODE
FOR OFFICIALS AND DESIGNATED EMPLOYEES
The Political Reform Act, Government Code Section 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 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
Political Reform Act. Therefore, the terms of 2 Cal. Code Regs. Section 18730 and any
amendments to it duly adopted by the Fair Political Practices Commission are hereby
incorporated by reference and, along with the attached Appendices A and Bin which
members, consultants, and employees are designated and disclosure categories are set
forth shall constitute the conflict of interest code of the City of Cupertino.
Officials and designated employees under Government Code Section 87200
shall file electronic statements of economic interests (Form 700) with the City Clerk
who will make the statements available 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
Practices Commission. The City Clerk will electronically retain original statements for
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 REPORT ABLE INTEREST CATEGORIES
Title Assigned Disclosure Category
ADMINISTRATIVE SERVICES, FINANCE & HUMAN RESOURCES
Director of Administrative Services (Treasurer) 1 (Govt Code§ 87200 filer)
Finance Manager (Deputy City Treasurer) 1 (Govt Code § 87200 filer)
Human Resources Manager 2
Budget Manager 2
Purchasing 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
City Council 1 (Govt 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 3
Commission
Economic Development Committee 6
CITY ATTORNEY'S OFFICE
City Attorney 1 (Govt Code§ 87200 filer)
Deputy City Attorney 1
Senior Assistant City Attorney 1
Title Assigned Disclosure Category
Assistant City Attorney 1
Legal Services Manager 1
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
Analyst (Three-Year Limited-Term) 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
Permit Technician 6
Title Assigned Disclosure Category
Building
Building Official 4
Deputy Building Official 4
Senior Building Inspector 4
Building Inspector 4
Permit Center Manager 6
Permit Technician 6
Housing
Housing Manager 1
Senior Planner 1
Assistant Planner 6
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
Innovation and Technology Manager 5
GIS Program Manager 5
Business Systems Analyst 5
Management Analyst 6
PUBLIC WORKS
Director of Public Works 1
Assistant Director of Public Works 1
Capital Improvement Program Manager 1
Transportation Manager 1
Senior Public Works Project Manager 1
Public Works Projects Manager 1
Environmental Programs Manager 1
Service Center Superintendent 5
Title Assigned Disclosure Category
Public Works Supervisor 6
Senior Planner 1
Public Works Inspector 6
Senior Management Analyst 6
Management Analyst 6
Environmental Services & Environmental Affairs
Environmental Programs Manager 6
Environmental Programs Specialist 6
Environmental Compliance Technician 6
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 business entities, sources of
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 business entities, and sources of
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 business entities, and sources of
income (including gifts, loans, and travel payments) if the source provides
goods or services of the type utilized by or subject to 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, positions in business entities, and sources of
income (including gifts, loans, and travel payments) if the source provides
goods or services, of the type utilized by or subject to the review or 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 business entities, and sources of
income (including gifts, loans, and travel payments) if the source provides
goods or services of the type utilized by or subject to the review or approval of
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, positions in business entities, and sources of
income (including gifts, loans, and travel payments) if the source provides
goods or services of the type utilized by or subject to the review or approval of
the department in which that person is employed, and all interests in real
property.
What Form 700 schedules? All Schedules (A through E)
Definitions
For the purposes of these disclosure categories, 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.
2022 Local Agency Biennial Notice
Name of Agency: City of Cupertino
Mailing Address: 10300 Torre Avenue, Cupertino, CA 95014
Contact Person: Kirsten Squarcia Phone No . 408-777-3225
Email: kirstens@cupertino.org Alternate Email: ---------------
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):
0 An amendment is required. The following amendments are necessary:
(Check all that apply.)
[!] Include new positions
D Revise disclosure categories
D Revise the titles of existing positions
[!] Delete titles of positions that have been abolished and/or positions that no longer make or
participate in making governmental decisions
[!] Other (describe) Add Econom ic Development Com mittee
0 The code is currently under review by the code reviewing body.
D 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.
/J~ Wu 912212022
Signature of Chief Executive Officer 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 3, 2022, or by the date specified by your agency, if
earlier, to :
Cupertino City Council, 10300 Torre Ave ., Cupertino , CA 95014
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
www.fppc .ca.qov
FPPC Advice advice@fppc .ca.qov (866 .275 .3772)
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