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CDA and City Resolution 88-63 .. - ~ , . . - . RESOLUTION NO. 88-~3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A CONFLICT OF INTEREST CODE FOR THE COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF GILROY WHE~EAS, the Community Development Agency of the City of Gilroy (the "Agency"), pursuant to the provisions of Government Code Section 87300, is required to adopt a Conflict of Interest Code; and WHEREAS, the Agency is required to submit the Conflict of Interest Code to the City Council of the City of Gilroy for its review and approval; and WHEREAS, the Agency, by resolution, has adopted, and the City Council, in its capacity as the reviewing body of conflict of interest codes, has reviewed the Conflict of Interest Code attached hereto as Exhibit A. BE IT NOW THEREFORE RESOLVED THAT: 1. The City Council of the City of Gilroy, in its capacity as the code reviewing body, approves the Conflict of Interest Code that has been adopted by the Agency on September 19, 1988 by Agency Resolution No. 88- 6 . Passed and adopted this 19th day of September, 1988, by the following vote: NOES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. None AYES: COUNcILMEMBERS: ABSENT: COUNCILMEMBERS: None APPROVED: ~ffi r Roberta RESOLUTION NO. 88 - 63 -1- .. - \ I . . 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, 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. 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. AgenCy4!Ptaff . " - L 1 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 tpose 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 All members of a Project Area Committee ("PAC") established pursuant to Health and Safety Code Section 33385 must report: (1) All 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 (ii) 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- ., . .. i . 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. (l) 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- , f \. l . (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- ~ ( to' . . I'. I'. 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. d~~?d~ (Seal) " . . 6 J...l', ... " - "..