Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
CDA Resolution 88-6COMMUNITY DEVELOPMENT AGENCY
RESOLUTION NO. 88- 6
A RESOLUTION OF THE COMMUNITY DEVELOPMENT
AGENCY OF THE CITY OF GILRO¥ ADOPTING A
CONFLICT OF INTEREST CODE
WHEREAS, all public agencies are required to adopt a
Conflict of Interest Code; and
WHEREAS, pursuant to Government Code Section 87300,
Agency staff has prepared, and the Agency has reviewed, a
Conflict of Interest Code (the "Code") for the Community
Development Agency of the City of Gilroy (the "Agency");
said Code is attached hereto as Exhibit A and by this
reference incorporated herein.
BE IT NOW THEREFORE RESOLVED THAT:
1. The Agency approves and adopts the attached Code; and
2. Agency staff is directed to submit the Code to the
City Council of the City of Gilroy as the Code reviewing
body for approval and upon such approval, the Code shall
become effective.
Passed and adopted this
1988, by the following vote:
19th day of
September
AYES:
NOES:
AGENCYMEMBERS:
AGENCYMEMBERS:
GAGE, HALE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN.
None
ABSENT: AGENCYMEMBERS: None
ATTEST:
APPROVED:
S u~s a n~~me~t'z~%a ry
09/06/88
#B002/B49702
RESOLUTION NO. 88 - 6 -1-
EXHIBIT A
CONFLICT OF INTEREST CODE FOR THE COMMUNITY DEVELOPMENT
AGENCY OF THE CITY OF GILROY
PART I
The Political Reform Act, Government Code Sections 81000,
e_~t. 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. Admin. Code Section 18730, which contains the terms of a
standard Conflict of Interest Code ("the Standard Code"),
which can be incorporated by reference, and which may be
amended by the Fair Political Practices Commission to conform
to amendments in the Political Reform Act after public notice
and hearings. Therefore, the terms of 2 Cal. Admin. Code
Section 18730 and any amendments to it duly adopted by the
Fair Political Practices Commission are hereby incorporated by
reference, and along with Parts I - III hereof constitute the
Conflict of Interest Code of the Community Development Agency
of the City of Gilroy (the "Agency").
PART II below sets forth the disclosure requirements for
the various designated employees (as defined in Government
Code Section 82019) of the Agency; and PART III states in full
applicable Health and Safety Code sections.
In order to avoid duplication of submission of disclosure
statements, this Conflict of Interest Code for the Agency
makes use, to the maximum extent possible consistent with the
Political Reform Act, of the disclosure requirements provided
under the City of Gilroy Conflict of Interest Code adopted on
June 2, 1980 by City Council Resolution No. 80-50, as it now
exists and may be amended from time to time (the "City Code").
PART II
Following are the disclosure requirements for the
designated employees of the Agency listed below:
A. Agency Board Members
The City Council has designated itself to serve as
the Agency Board. The City Council is subject to the
disclosure requirements of Government Code Sections
87200-87210. Consequently, the disclosure requirements for
Agency Board Members shall be those requirements set forth in
Government Code Sections 87200-87210, and Agency Board Members
shall file statements of economic interests as provided for in
Government Code Sections 87200-87210.
-1-
B. Agency Staff
The Agency staff, including the Executive Director,
Secretary, Treasurer, and all other positions, consists of
staff of various offices and departments of the City of
Gilroy (the "City). Such City staff positions are subject
to the disclosure requirements of the City Code.
Consequently, the disclosure requirements for Agency staff
shall be those requirements set forth in the City Code for the
relevant City staff positions, and Agency staff shall file
statements of economic interests as provided for in the City
Code for the relevant City staff positions.
C. Project Area Committee Members
Ail members of a Project Area Committee ("PAC")
established pursuant to Health and Safety Code Section 33385
must report:
(1) Ail interests in real property within the PAC's
project area. Members who hold a 10% or greater
interest in any business entity or trust which owns
real property within the project area must report
such real property interests, provided his/her pro
rata share of such interests exceeds $1,000. This
requirement applies regardless of where the business
entity is located or doing business. A PAC member
is not required to disclose property used as the PAC
member's principal residence.
(2) Investments in business entities and income from
sources which:
(i)
Engage in, or it is foreseeable that in the
future will engage in, land development,
construction, maintenance, or the acquisition,
sale or leasing of real property in the project
area, or which
(±±)
Are located in or own property in the project
area for which the PAC is formed.
(3) Investments in business entities and income from
sources which, within the past two years, has
contracted, or in the future foreseeably may contract
with the Agency or with the City to provide services,
supplies, materials, machinery or equipment to the
Agency or in connection with the Agency's
activities.
(4) His or her status as a director, officer, partner,
trustee, employee or holder of any position of
management in any business entity described in
Paragraphs (2) and (3) above.
-2-
An investment, interest in real property, income, or
"position of management" is reportable if the business entity
in which the investment is held, the interest in real
property, the income or source of income, or position of
management may foreseeably be affected materially by any
decision made or participated in by the PAC member by virtue
of the PAC member's position.
Pursuant to Section 4(B) of the Standard Code, PAC
members shall file statements of economic interests with the
Agency Secretary who shall make and retain a copy and forward
the originals to the City Clerk as acting Clerk for the code
reviewing body, the City Council, which shall be the filing
officer.
PART III
A. Health and Safety Code Section 33130.
(1) No agency or community officer or employee who
in the course of his duties is required to participate in the
formulation of or to approve plans or policies for the
redevelopment of a project area shall acquire any interest in
any property included within a project area within the
community. If any such officer or employee owns or has any
direct or indirect financial interest in such property, he
shall immediately make a written disclosure of it to the
agency and the legislative body which shall be entered on
their minutes. Failure to so disclose constitutes misconduct
in office.
(2) This section shall not prohibit any agency,
community officer or employee from acquiring an interest in
property within the project area for the purpose of
participating as an owner or reentering into business pursuant
to this part provided that such officer or employee has owned
a substantially equal interest as that being acquired for the
three years immediately preceding the selection of the project
area.
(3) A rental agreement or lease of property which
meets all of the following conditions is not an interest in
property for purposes of section (a) above:
(a) The rental or lease agreement contains
terms that are substantially equivalent to the terms of a
rental or lease agreement available to any member of the
general public for comparable property in the project area.
(b) The rental or lease agreement includes a
provision which prohibits any subletting, sublease, or other
assignment at a rate in excess of the rate in the original
rental or lease agreement.
-3-
(c) The property which is subject to the rental
or lease agreement is used in the pursuit of the principal
business, occupation, or profession of the officer or employee.
(d) The agency or community officer or employee
who obtains the rental or lease agreement immediately makes a
written disclosure of that fact to the agency and the
legislative body.
B. Health and Safety Code Section 33130.5.
Notwithstanding any other provisions of law, an officer,
employee, consultant, or agent of the agency or community, for
personal residential use, may purchase or lease property
within a project area after the Agency has certified that the
improvements to be constructed or the work to be done on the
property to be purchased or leased have been completed, or has
certified that no improvements need to be constructed or that
no work needs to be done on the property. Any such officer or
employee who purchases or leases such property shall
immediately make a written disclosure to the agency and the
legislative body, which disclosure shall be entered on the
minutes of the Agency. Any such officer or employee shall
thereafter be disqualified from voting on any matters directly
affecting such a purchase, lease, or residency. Failure to so
disclose constitutes misconduct in office.
C. Health and Safety Code Section 33393.
An agency shall not acquire from any of its members or
officers an property or interest in property except through
eminent domain proceedings.
Approved:
Roberta Hughan, Chairperson
Community Development Agency of the
City of Gilroy
09/06/88
#030B/B49702
-4-
I hereby certify that the foregoing is a full, true and correct
copy of a resolution duly passed and adopted by the Community Development
Agency of the City of Gilroy, California, at a meeting thereof, held on the
19th day of September, 1988.
(Seal)