Resolution 12793CITY OF ALAMEDA RESOLUTION NO. 12790
AMENDING CONFLICT OF INTEREST CODE BY AMENDING PARAGRAPH
TWO OF RESOLUTION NO. 9460 RELATIVE TO DISCLOSURE
POSITIONS AND DISCLOSURE CATEGORIES AND RESCINDING
RESOLUTION NO. 12634
BE IT RESOLVED by the Council of the City of Alameda that
City of Alameda Resolution No. 12634 is hereby rescinded; and
BE IT FURTHER RESOLVED by the Council of the City of
Alameda that Paragraph 2 of the Conflict of Interest Code set forth
in Resolution No. 9460 be amended thereof to read:
2. The terms of 2 Cal. Adm. Code Section 18730 and any
amendments to it duly adopted by the Fair Political Practices
Commission along with the attached Appendices in which officials
and employees are designated and disclosure categories are set
forth, are hereby incorporated by reference and constitute the
Conflict of Interest Code for the following departments and
agencies:
Building Code Board of Appeals
Bureau of Electricity
City Attorney's Office
City Clerk's Department
City Council
City Manager's Department
Civil Service Board
Claims Board
Community Development Department
Economic Development Commission
Finance Department
Fire Department
Golf Commission
Golf Complex
Historical Advisory Board
Housing Authority
Housing Commission
Library Board.
Library Department
Pension Board
Personnel Department
Planning Department
Planning Board
Police Department
Public Utilities Board
Public Works Department
Recreation Commission
Recreation and Park Department
Social Service Human Relations Board
Transportation Advisory Committee
Transportation Systems Management Committee
DESIGNATED POSITIONS
and
DISCLOSURE CATEGORIES
DESIGNATED POSITIONS DISCLOSURE CATEGORY
Building Code Board of Appeals
Board Members A through H
Bureau of Electricity
General Manager A through H
Assistant General Manager - A through H
Administration
Assistant General Manager
Operations A through H
Assistant General Manager -
Power Resources A through H
Buyer A through H
Assistant General Manager - A through H
Customer Services
Engineering Manager A through H
Financial Analyst A through H
Support Services Supervisor A through H
Marketing Coordinator A through H
City Attorney's Office
City Attorney*
Asst. City Attorney
Deputy City Attorney
Risk Manager
City Clerk's Department
City Clerk
Deputy City Clerk
City Council
City Council Members*
*Reporting requirements covered by other law.
A through H
A through H
A through H
A through H
A through H
Appendix A - Page 1 of 6
City Manager's Department
City Manager*
Assistant City Manager
Assistant to the City Manager
Civil Service Board
Board Members
Claims Board
Board Members
Community Development Department
A through H
A through H
A through H
A through H
Director A through H
Housing Development Manager A through H
Economic Development Manager A through H
Development Manager A through H
Neighborhood Development Manager A through H
Reconstruction Specialist I A through H
Reconstruction Specialist II A through H
Development Specialist I A through H
Development Specialist II A through H
Economic Development Commission
Commission Members*
Finance Department
Auditor
Treasurer*
Finance Director*
Supervising Accountants
Admin. Management Analyst
Financial Information Systems Mgr.
Admin. Services Coordinator
Fire Department
Fire Chief
Deputy Chief
Assistant Chiefs
Fire Marshall - Captain
Asst. Fire Marshall
Training Director
E.M.S. Director
Disaster Preparedness Coordinator
Firefighter Inspector
*Reporting requirements covered by other law.
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
Appendix A - Page 2 of 6
Golf Commission
Commission Members
Golf Complex
General Manager - Golf Complex
Golf Course Maintenance
Superintendent
Golf Professional
Housing Authority
Executive Director
Housing Commission
Commission Members
Historical Advisory Board
Board Members
Library Board
Board Members
Library Department
Library Director
Supervising Librarian
Library Technician (Order Clerk)
Pension Board
Board Members*
Personnel Department
Personnel Director
Planning Board
Board Members*
Planning Department
Planning Director
Assistant Planning Director
Associate Planner
Assistant Planner
Junior Planner
*Reporting requirements covered by other law.
None
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
Appendix A - Page 3 of 6
Police Department
Chief of Police
Police Captains
Police Lieutenants
Code Enforcement Officer
Public Utilities Board
Board Members
Public Works
Public Works Director
Public Works Coordinator
Public Works Superintendant
Public Works Supervisor
Senior Management Analyst
Chief Building Inspector
Building Inspection Supervisor
Combined Building Inspector
Electrical Inspector
Building Official
Building Inspector
Plumbing Inspector
Central Permit Supervisor
City Engineer
Supervising Civil Engineer
Associate Civil Engineers
Survey Party Chief
Construction Inspector
Administrative Management Analyst
Public Works Operations and
Maintenance Manager
Administrative Services Coordinator
Recreation Commission
Commission Members
Recreation and Parks Department
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
A through H
None
Recreation Manager A through H
Recreation & Park Operations &
Maintenance Manager A through H
Recreation & Parks Services
Manager A through H
Senior Recreation Supervisor A through H
Recreation Manager -
NAS Base Reuse A through H
Recreation Supervisors A through H
Park Manager A through H
Appendix A - Page 4 of 6
Social Service Human Relations Board
Board Members
Transportation Advisory Committee
Committee Members
Transportation Systems Management Committee
Committee Members
None
A through H
A through H
Appendix A - Page 5 of 6
Consultants*
* Consultants shall be included in the list of designated
employees and shall disclose pursuant to the broadest
disclosure category in the code subject to the following
limitation:
The City Manager may determine in writing that a
particular consultant, although a "designated position,"
is hired to perform a range of duties that is limited in
scope and thus is not required to fully comply with the
disclosure requirements in this section. Such written
determination shall include a description of the
consultant's duties and, based upon that description, a
statement of the extent of disclosure requirements. The
City Manager determination is a public record and shall
be retained for public inspection in the same manner and
location as this conflict of interest code.
Appendix A - Page 6 of 6
DISCLOSURE CATEGORIES
An investment, interest in real property, or income is
reportable if the business entity in which the investment is held,
the interest in real property, or the income or source of income
may foreseeably be affected materially by any decision made or
participated in by the designated employee by virtue of the
employee's position.
An investment, interest in real property, or source of income
or gift does not have a foreseeable material effect on an economic
interest of the designated employee unless the business, real
property or source of income or gift may foreseeably require
legislative action or permits from the City of Alameda or may
foreseeably enter into contracts or leases with or make sales of
real property or goods or services to or be sold to the City of
Alameda, a department thereof or the Housing Authority of the City
of Alameda.
In general, that which a reasonable person would predict,
anticipate, or expect beforehand, can be said to be "foreseeable."
The term requires the application of reasonable judgment to assess
the degree of likelihood that a decision made or participated in
will as financial interest. Where the likelihood is sufficiently
great that a reasonable person would predict or anticipate an
effect on a financial interest, the effect of the decision is
foreseeable. Clearly, in the context of designating positions
within a Conflict of Interest Code, "foreseeable" means greater
probability than "conceivable," yet less probability than
"certainly".
CATEGORY A - INVESTMENTS
All direct or indirect investments of the designated employee
valued over $1,000 in a business entity, including any parent,
subsidiary or related business, either (1) located in Alameda or
(2) doing business in Alameda.
CATEGORY B - INTERESTS IN REAL PROPERTY
All direct or indirect interests over $1,000 of the designated
employee in real property located in Alameda.
CATEGORY C - INVESTMENTS AND INTERESTS IN REAL PROPERTY HELD BY
BUSINESS ENTITIES OR TRUSTS
All investments or real property with more than $1,000 in a
business entity or trust which does business in Alameda, in which
a direct or indirect interest of 1CA or more is held by the
designated employee.
Appendix B - Page 1 of 2
CATEGORY D - INCOME (OTHER THAN GIFTS AND LOANS)
All direct or indirect income of the designated employee
aggregating $250 or more from any one source, during the reporting
period.
CATEGORY E - LOANS
Outstanding loans and loans received by the designated
employee from one source, aggregating $250 or more during the
reporting period.
CATEGORY F - GIFTS
Gift to the designated employee from one source, which total
$50 or more during the reporting period.
CATEGORY G - BUSINESS POSITIONS
Names of any business entity and job title or position in any
firm in which the designated employee is a director, officer,
partner, trustee, employee or holds any position of management.
CATEGORY H - INCCME AND LOANS TO BUSINESS
Names of individuals or entities, located in or doing business
in Alameda, which made payments or loans to a business entity or
rental property in which the designated employee and/or spouse
owned an aggregate interest of at least 10%, and whose pro rata
share such payment is $10,000 or more.
Appendix B - Page 2 of 2
INCOMPATIBLE ACTIVITIES
(A) No officer or employee shall engage in any employment,
activity, or enterprise for compensation which is inconsistent,
incompatible, in conflict with, or inimical to his/her duties as an
officer or employee or with the duties, functions or
responsibilities of his/her appointing power or the agency. No
officer or employee shall perform any work, service or counsel for
compensation outside of his/her employment where any part of
his/her efforts will be subject to approval by any other officer,
employee, board of commission of his/her employing body.
(D) An employee or officer's outside employment, activity or
enterprise is prohibited if that:
(1) Involves the use for private gain or advantage of his/her
departmental time, facilities, equipment and supplies;
the badge, uniform, prestige or influence of the
departmental office or employment;
(2) Involves receipt or acceptance by the officer or employee
of any money or other consideration from anyone other
than the City for the performance of an act which the
officer or employee, if not performing such act, would be
required or expected 'co render in the regular course or
hours of his/her employment as a part of his/her duties
as a local agency officer or employee;
(3) Involves the performance of an act in other than his/her
capacity as an officer or employee which act may later be
subject directly or indirectly to the control, ,
inspection, review, audit or enforcement of any other
officer or employee of the department by which he/she is
employed;
(4) Involves such time demands as would render performance of
his/her duties as an office or employee less efficient.
This Appendix C shall.apply to all employees, officers and
agents within the agencies covered by this Code.
(This Appendix does not incorporate by reference the
definitions of the Political Reform Act and the regulations adopted
pursuant thereto. Interpretations of Government Code Section 1126
are applicable and interpretations of the Political Reform Act may
apply.)
Appendix C - Page 1 of 1
Revised 6/08/96
I, the undersigned, hereby certify that the foregoing
Resolution was duly and regularly adopted and passed by the Council
of the City of Alameda in regular meeting assembled on the 2nd
day of July , 1996, by the following vote to wit:
AYES: Councilmembers Arnerich, DeWitt, Mannix
and President Appezzato - 4.
NOES: None.
ABSENT: Councilmember Lucas - 1.
ABSENTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 3rd day of July , 1996.
Dian- B. Felsch, City Clerk
City of Alameda
CITY OF ALAMEDA RESOLUTION NO. 12791
ESTABLISHING GUIDELINES FOR REIMBURSEMENT OF
PER DIEM ALLOWANCE FOR CITY OF ALAMEDA BUSINESS TRAVEL
WHEREAS, section 22-7 of the Charter of the City of
Alameda requires that the Council annually fix the per diem
allowance for traveling expenses of officer and employees of the
City.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Alameda that the per diem allowance for all officers and
employees of the City of Alameda while attending to official
duties, both within and outside the city limits of the City of
Alameda, shall not exceed the amount of the actual expense incurred
per diem by such officer of employee, in addition to the costs of
transportation actually incurred.
BE IT FURTHER RESOLVED that the per diem allowance for
meals will be $35/day (tax and tip included) . When per diem is
claimed and some meals are included in the registration, a
deduction should be made as follows:
$ 7.00 Breakfast
$10.00 Lunch
$18.00 Dinner
$35.00
BE IT FURTHER RESOLVED that such expenditures
shall be repaid to such officer or employee by the City of Alameda
upon submission of a statement of such expense in form satisfactory
to the Finance Director of the City of Alameda.
BE IT FURTHER RESOLVED that such allowance herein fixed
shall be effective during the fiscal year 1996-97.
I, the undersigned, hereby certify that the foregoing
Resolution was duly and regularly adopted and passed by the Council
of the City of Alameda in regular meeting assembled on the 2nd
day of July , 1996, by the following vote to wit:
AYES: Councilmembers Arnerich, DeWitt, Mannix
and President Appezzato - 4.
NOES: None.
ABSENT: Councilmember Lucas 1.
ABSENTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 3rd day of July , 1996.
Dian B. Felsch, City Clerk
City of Alameda
CITY OF ALAMEDA RESOLUTION NO. 12792
ESTABLISHING GUIDELINES FOR REIMBURSEMENT OF
MILEAGE FOR CITY OF ALAMEDA BUSINESS TRAVEL
AS INTERNAL REVENUE SERVICE
PUBLISHED MILEAGE REIMBURSEMENT RATE
WHEREAS, the Internal Revenue Service (IRS) annually
publishes the reimbursement rate, when use of private automobiles
is authorized for business travel; and
WHEREAS, the City Council of the City of Alameda desires
to adopt this IRS reimbursement rate as the rate authorized for
reimbursement of mileage for officers and employees of the City.
NOW, THEREFORE, BE IT RESOLVED that the mileage for City
of Alameda business travel shall be reimbursed at the published IRS
reimbursement rate, when use of private automobile is authorized
for travel.
BE IT FURTHER RESOLVED that such reimbursement shall be
paid to such officer or employee by the City of Alameda upon
submission of a statement of such expense in form satisfactory to
the Finance Director or the City of Alameda.
I, the undersigned, hereby certify that the foregoing
Resolution was duly and regularly adopted and passed by the Council
of the City of Alameda in regular meeting assembled on the 2nd
day of July , 1996, by the following vote to wit:
AYES: Councilmembers Arnerich, DeWitt, Mannix
and President Appezzato - 4.
NOES: None.
ABSENT: Councilmember Lucas - 1.
ABSENTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 3rd day of July , 1996.
Dia B. Fe sch, City Clerk
City of Alameda
CITY OF ALAMEDA RESOLUTION NO. 12793
OPPOSING SENATE BILL 1471 RELATING TO
NOTICE OF STRIPPED ASSESSMENTS
WHEREAS, Senate Bill 1471 (Russell) proposes to shift
liability from title companies to cities and other local agencies
which have issued bonds pursuant to either the Bond Improvement Act
of 1915 and/or the Community Facilities District Act of 1982; and
WHEREAS, Senate Bill 1471 impairs the liens securing
bonded indebtedness issued pursuant to the Improvement Bond Act of
1915 and/or the Community Facilities Act of 1982; and
WHEREAS, Senate Bill 1471 would adversely affect the City
of Alameda.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Alameda hereby opposes Senate Bill 1471 unless amended
to address the City's concerns.
BE IT FURTHER RESOLVED that the City Clerk is hereby
:directed to forward a certified copy of this resolution to the
'State Senator Newt Russell, Assemblywoman Barbara Lee and the
chairman and members of the Assembly Committee on Local Government.
I, the undersigned, hereby certify that the foregoing
Resolution was duly and regularly adopted and passed by the Council
of the City of Alameda in regular meeting assembled on the 2nd
day of July , 1996, by the following vote to wit:
AYES: Councilmembers Arnerich, DeWitt, Mannix
and President Appezzato - 4.
NOES: None.
ABSENT: Councilmember Lucas - 1.
ABSENTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 3rd day of July. , 1996.
Diane B. Felsch, City Clerk
City of Alameda