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RESOLUTION NO. 18-988 <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMENDING THE <br /> LIST OF DESIGNATED POSITIONS TO REMOVE MEMBERS OF THE <br /> ECONOMIC VITALITY COMMITTEE FROM THE CITY'S CONFLICT OF <br /> INTEREST CODE <br /> WHEREAS,the California Political Reform Act, Government Code Section 81000 <br /> et seq., requires the City of Pleasanton to adopt a Conflict of Interest Code for the City; <br /> and <br /> WHEREAS, the Conflict of Interest Code must designate employees and officials <br /> involved in governmental decision-making to make certain disclosures regarding their <br /> sources of income, such as investments, interests in real property and business <br /> positions held outside of their employment with the City, in order to avoid potential <br /> conflicts of interest; and <br /> WHEREAS, until recently, members of the EVC were not designated in the City's <br /> Conflict of Interest Code. However, in the last biennial review of the City's Conflict of <br /> Interest Code, members of the EVC were added to the Code and are now required to <br /> file Statements of Economic Interest; Members of the EVC were added primarily to <br /> maintain consistency with other City committees, boards, and commissions, which are <br /> designated in the Code; and <br /> WHEREAS, after adding members the EVC to the City's Conflict of Interest <br /> Code, staff received a number of inquiries from members of the EVC questioning this <br /> decision. After additional review, staff concluded that, based on regulations of the Fair <br /> Political Practices Commission ("FPPC"), the EVC is solely advisory in nature for <br /> purposes of the Political Reform Act; and <br /> WHEREAS, staff also requested formal advice from the FPPC on this issue. <br /> However, the FPPC declined to render advice, stating that "as the "code reviewing <br /> body" the City Council of the City of Pleasanton makes the determination regarding <br /> whether or not members of the Economic Vitality Committee are "designated <br /> employees" subject to the city's conflict-of-interest code"; and <br /> WHEREAS, since the EVC does not possess decision-making authority for the <br /> purposes of the Political Reform Act, members of the EVC should be removed from the <br /> City's Conflict of Interest Code. <br /> NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of <br /> Pleasanton, that the attached Exhibit A is hereby amendedto remove members of the <br /> Economic Development Committee. <br /> PASSED, APPROVED, AND ADOPTED_ by the City Council of the City of <br /> Pleasanton at a regular meeting held on January 16, 2018. <br />ective with respect to all Members. <br /> Section 17. Effectiveness. <br /> This Agreement shall become effective and be in full force and effect and a legal, valid <br /> and binding obligation of each of the Members on the date that the Board shall have received <br /> from two of the Initial Members an executed counterpart of this Agreement, together with a <br /> certified copy of a resolution of the governing body of each such Initial Member approving this <br /> Agreement and the execution and delivery hereof. <br />ld use under similar circumstances. <br />l audit with an audit covering a two-year period. <br />rograms available to all property owners who wish to <br />d the Authority will notify the City in advance of any additions or changes; <br /> and <br />