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HomeMy WebLinkAboutMINUTES - 10061987 - 1.62 THE REDEVELOPMENT AGENCY OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on October 6 , 1987 by the following vote: AYES: Supervisors Powers , Fanden, Schroder , . Torlakson and McPeak NOES: None . ABSENT: None. ABSTAIN: None RESOLUTION NO. RA 87-20 ------------------------------------------------------------------------- ------------------------------------------------------------------------- SUBJECT: ADOPTION. OF. A CONFLICT OF .INTEREST CODE. The Contra Costa County Redevelopment Agency RESOLVES THAT: The Agency is required to adopt a Conflict of Interest Code. Pursuant to Government Code Section 87300, the Agency staff has prepared, and the Agency has reviewed, a Conflict of Interest Code for the Contra Costa- County Redevelopment Agency; said Code is attached hereto as Exhibit A and by this reference incorporated herein. NOW, THEREFORE, BE IT RESOLVED that the Contra Costa County Redevelopment Agency approves and- adopts the attached Conflict of Interest Code; BE IT FURTHER RESOLVED that the Agency staff is directed to submit the Conflict of Interest Code .to the Board of Supervisors of Contra Costa County as the code reviewing body for approval, and upon such approval, the Conflict of Interest Code shall become effective. I'hereby certify that this is a true and correct copy of an action, taken incl entered on the minutes of the Redevelopment Agency on the date shown. ATTESTED: --- PHIL BATCHELOR,Agency Secretary. rhj --- OVLAAj c Duty By cc : Redevelopment Agency County Counsel County Administrator GER:krc ral7 :10-6-87 .ra RESOLUTION NO. RA 87-20 y EXHIBIT A CONFLICT OF INTEREST CODE FOR THE CONTRA COSTA COUNTY REDEVELOPMENT AGENCY 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 Contra Costa County Redevelopment 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, PART II Following are the disclosure requirements for the designated employees of the Agency listed below: A. Agency Board Members The Board of Supervisors has designated itself to serve as the Agency Board. Consequently, the disclosure requirements for Agency Board Members shall be those requirements set forth in the - Conflict of Interest Code for the Board of Supervisors of the County of Contra Costa, as it now exists and may be amended from time to time, which Code is hereby incorporated herein by this reference. Agency Board Members shall file statements of economic interests as provided for in the Conflict of Interest Code for the Board of. Supervisors of Contra Costa County. B. Agency Staff The Agency staff, including the Executive Director, Assistant Executive Director, Secretary, Treasurer, and all other positions, consists of staff of various offices and departments of the County of Contra Costa. Consequently, the disclosure requirements for Agency staff shall be those -1- requirements set forth in the Conflict of Interest Code of the _f relevant County offices and departments, as those Codes now exist or may be amended from time to time, which Codes are hereby incorporated herein by this reference. Agency staff shall file statements of economic interests as provided for in the Conflict of Interest Code for the relevant office or department. C. Project Area Committee Members All Project Area Committee ("PAC") members must report: (1) All interests in real property within the Committee' 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. It 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 Project Area Committee 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 County of Contra Costa 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 -2- •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, Project Area Committee Members shall file statements of economic interests with the Agency Secretary who shall make and retain a copy and forward the originals to the Clerk of the Board as acting Clerk for the code reviewing body, the Board of Supervisors, 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. (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. J -3- '\ t.'t F.• . (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: , Chairman Contra Costa County Redevelopment Agency 09/16/87 #030/B32001 -4-