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CDA Resolution 2012-01RESOLUTION 2012 -01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF GILROY IN REVIEW OF THE CONFLICT OF INTEREST CODE FOR THE COMMUNITY DEVELOPMENT AGENCY PURSUANT TO ITS BIENNIAL REVIEW WHEREAS, the Political Reform Act ( "Act"), Government Code Section 81000 et seq., requires state and local agencies to adopt and promulgate conflict of interest codes, and the Community Development Agency ( "Agency ") is an agency subject to this statute; and WHEREAS, the Agency has reviewed the Conflict of Interest Code for the Community Development Agency pursuant to the Act as required biennially and has found no need for update to said Code as attached here as "Exhibit A "; and NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Community Development Agency does hereby adopt the attached Code and directs Agency staff to submit said 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 by the Board of Directors of the Community Development Agency at a regular meeting duly held on the 17'' day of September, 2012 by the following roll call vote: AYES: ARELLANO, BRACCO, DILLON, LEROE- MUNOZ, TUCKER, WOODWARD and PINHEIRO NOES: NONE ABSENT: NONE tary APPROVED: Chairperson RESOLUTION 2012 -01 2 Exhibit A Conflict of Interest Code for the Community Development Agency of the City of Gilroy PART The Political Reform Act, Government Code Sections 81000, et. sec ., 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. B. Agency Staff RESOLUTION 2012 -01 4 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 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 are 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. 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. PAC members shall file statements of economic interests with the Agency filing officer. RESOLUTION 2012 -01 4 PART III Health and Safety Code Section 33130 33130 (a) No agency or community officer or employee who in the course of his or her 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 property included within a project area, that officer or employee shall immediately make a written disclosure of that financial interest to the agency and the legislative body and the disclosure shall be entered on the minutes of the agency and the legislative body. Failure to make the disclosure required by this subdivision constitutes misconduct in office. (b) Subdivision (a) does not prohibit any agency or 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 if that 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. (c) A rental agreement or lease of property which meets all of the following conditions is not an interest in property for purposes of subdivision (a): (1) 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. (2) 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) 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. (4) 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. 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 RESOLUTION 2012 -01 5 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. 33393. An agency shall not acquire from any of its members or officers any property or interest in property except through eminent domain proceedings. RESOLUTION 2012 -01 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2012 -01 is an original resolution, or true and correct copy of a Agency resolution, duly adopted by the Board of the City of Gilroy Community Development Agency at a meeting of said Board held on the 17th day of September, 2012, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 19th day of September, 2012. SW,wna Freels, MMC City Clerk of the City of Gilroy Community Development Agency Secretary (Seal)