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CRA - 83RESOLUTION NO. c~,~-83 A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY, ADOPTING A CONFLICT OF INTEREST CODE WHICH SUPERSEDES ALL PRIOR CONFLICT OF INTEREST CODES AND AMENDMENTS PREVIOUSLY ADOPTED. WHEREAS, the Political Reform Act of 1974, Government Code §§ 81000 et seq., requires every state or local government agency to adopt and promulgate a Conflict of Interest Code; and WHEREAS, the Cypress Redevelopment Agency has previously adopted a Conflict of Interest Code and that Code now requires amendment; and WHEREAS, the Fair Political Practices Commission CFPPC") has adopted Regulation 18730, of the California Code of Regulations (2 Cal. Code of Regs, § 18730), which contains the terms of a standard or model conflict of interest code, which can be incorporated by reference, and which will be amended to conform to amendment sin the Political Reform Act after public notice and hearings conducted by the Fair Political Practices Commission pursuant to the Administrative Procedure Act, Government code §§ 11370, et seq.; and WHEREAS, incorporation by reference of the terms of the aforementioned regulation and amendments to it will help clarify the Conflict of Interest Code requirements and make compliance with such code easier. NOW, THEREFORE, THE CYPRESS RF. DEVIqI.OPMENT AGENCY DOES HERERY RF~OLVE AS FOLLOWS: SECTION 1. The attached Conflict of Interest Code incorporating by reference the terms of Regulation 18730 of the California Code of Regulations, and any amendments to it duly adopted by the Fair Political Practices Commission and the attached Appendices "A" and "B" in which officials and employees are designated and disclosure categories are set forth ar hereby incorporated by reference and constitute the Conflict of Interest Code for the Cypress Redevelopment Agency. SECTION 2. Persons holding designated positions shall file statements of economic interest pursuant to said conflict of Interest Code. SECTION 3. The provisions of all Conflict of Interest Codes and amendments thereto previously adopted for the Cypress Redevelopment Agency are hereby superseded. SECTION 4. The provisions of this Conflict of Interest Code will become effective upon approval of the Cypress Redevelopment Agency. PASSED AND ADOPTED by the governing body of the Cypress Redevelopment Agency at its meeting held on the 13theday of October 1998. AGENCY ATTEST: SECRETARY, CYPRF_,SS RRDEVELOPMENT AGENCY R:ES"S-REDEVELOPMENT 268/017943-0001/3204107.1 a09/25/98 -1- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, LILLIAN M. HAINA, Secretary of the Cypress Redevelopment Agency, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a meeting of the said Agency held on the 13th day of October 1998; by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 AGENCY MEMBERS: AGENCY MEMBERS: AGENCY MEMBERS: Bowman, Carroll, Keenan, Piercy None and Jones None SECRETARY CYPRESS REDEVELOPMENT AGENCY -2 - CONFLICT OF INTEREST CODE OF THE CYPRF_SS R~I)EVELOPMENT AGENCY The Political Reform Act (Government Code §§ 87100 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 18730 which contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency's code. After public notice and heating, Regulation 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, Regulation 18730 (2 Cal. Code of Regs. § 18730), and any amendments to it duly adopted by the Fair Political Practices Commission, is hereby incorporated Regulation 18730 reference. This policy administrative regulation and exhibit designating officials and employees shall constitute the conflict of interest code of the Cypress Redevelopment Agency. Designated employees shall file statements of economic interests with this agency. Upon receipt of the statements of the City Council, Planning Commission, City Manager, Finance Director and City Attorney, this agency shall make and retain copies and forward the originals of these statements to the Fair Political Practices Commission. Statements for all other designated employees will be retained by this agency. Designated employees who shah ~He statements of economic interests with this agency are so designated in Appendix "A." Legal Reference: EDUCATION CODE 1006 Prohibitions applicable to specified officers GOVERNMENT CODE 1090-1097 Prohibitions applicable to specified officers 1125-1128 Incompatible activities 82028 Definitions "Gifts" 82030 Defmitions "Income" 82033 Definitions "Interest in real property" 87100-87103.5 Conflicts of Interest 87200-87210 Disclosure 87300-87313 Conflict of interest code 87500 Statements of economic interests 91000-91015 Enforcement CODE OF REGULATIONS, TITLE 2 18100 et seq. Regulations of the Fair Political Practices Commission 69 OPS. CAL. ATrY. GEN. 225 (1986) 268/017943-0001/321M107.1 a09/25/98 APPENDIX "A" Designated Positions Disclosure Category Agency members .............................. 1, 2, 3, 4, 5, 6 Executive Director ............................. 1, 2, 3, 4, 5, 6 Assistant to the Executive Director ................... 1, 2, 3, 4, 5, 6 Finance Officer ............................... 1, 2, 3, 4, 5, 6 General Counsel .............................. 1, 2, 3, 4, 5, 6 Director of Community Development .................. 1, 2, 3, 4, 5, 6 Secretary ................................... 1, 2, 3, 4, 5, 6 Treasurer ................................... 1, 2, 3, 4, 5, 6 Assistant General Counsel ........................ 1, 2, 3, 4, 5, 6 Consultants* * Consultants shall disclose pursuant to the broadest disclosure category in the Code subject to the following limitations: The Executive Director 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's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. 268/017943-0001/3204107. I a09/25/98 DISCLOSUR~ CATEGORIP_S Designated Employees in Disclosure Category 1 Must Report.: All interest in real property, as def'med in Government Code § 82033, within the jurisdiction. Real property shall be deemed to be within the jurisdiction of the property or any part of it is located within or not more than two miles outside the boundaries of the Cypress Redevelopment Agency, or within two miles of any land owned or used by the Cypress Redevelopment Agency. No disclosure need be made concerning the principal residence of the designated employee. Designated Employees in Disclosure Category 2 Must Report: All investments, as def'med in Government Code § 82034. Financial interests are reportable only if located within or subject to the jurisdiction of the Cypress Redevelopment Agency, or if the business entity is doing business or planning to do business in the Cypress Redevelopment Agency, or has done business within the Cypress Redevelopment Agency at any time during the two years prior to the filing of the statement. Designated Employees in Disclosure Category 3 Must Report: All income, as def'med in government Code § 82030, from any source located or doing business within the jurisdiction or expecting to do business within the jurisdiction. Income received from a public agency need not be disclosed. Designated Employees in Disclosure Category 4 Must Report: Employees whose duties involve contracting or purchasing: Contracts or makes purchases for the entire Agency: Investments and business positions in business entities and sources of income, which provide services, supplies, materials, machinery or equipment of the type utilized by the Cypress Redevelopment Agency. Contracts or makes purchases for specific department: Investments and business positions in business entities, and sources of income, which provide services, supplies, materials, machinery or equipment of the type utilized by the designated employee's department or division. Designated Employees in Disclosure Category 5 Must Report: Investments and business positions in business entities, and sources of income, which engage in land development, construction or the acquisition or sale of real property, and all interests in real property. Designated Employees in Disclosure Category 6 Must Report: All investments and business positions in business entities, and sources of income, which are subject to the regulatory, permit or licensing authority of the Cypress Redevelopment Agency. 268/017943-0001/3204107.1 a09/25/98