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CRA - 131RESOLUTION NO. CRA -131 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 to amend the same on a regular basis; 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 "FPPC has adopted Regulation 18730, of the California Code of Regulations (2 Cal. Code of Regulations, 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 amendments in the Political Reform Act after public notice and hearings conducted by the Fair Political Practices Commission pursuant to the Administrative Procedure Act; 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 REDEVELOPMENT AGENCY DOES HEREBY RESOLVE 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 are 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 Interests 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Conflict of Interest Codes and amendments thereto previously adopted for the Cypress Redevelopment Agency are hereby superseded.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, APPROVED AND ADOPTED by the governing body of the Cypress Redevelopment Agency, at a regular meeting held on the 11 day of August 2008. ATTEST: lt,t_oc -c„.14.,try) SECRETARY OF THE CYPRESS REDEVELOPMENT AGENCY STATE OF CALIFORNIA COUNTY OF ORANGE SS CHAIRPER ON THE CYPRESS AYES: 5 AGENCY MEMBERS: Bailey, Luebben, Narain, Mills, and Seymore NOES: 0 AGENCY MEMBERS: None ABSENT: 0 AGENCY MEMBERS: None REDEVELOPMENT AGENCY I, DENISE BASHAM, Secretary of the Cypress Redevelopment Agency, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said Agency held on the 11 day of August 2008; by the following roll call vote: -11,0t.._ cy,:a1A„,„, SECRETARY OF THE CYPRESS REDEVELOPMENT AGENCY CONFLICT OF INTEREST CODE OF THE CYPRESS REDEVELOPMENT 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 that 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 hearing, 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 and individuals shall file statements of economic interests with this agency. Upon receipt of the statements of the City Council (Agency Members), City Manager (Executive Director), City Attorney, and City Treasurer, who are required to file statements of economic interests under Government Code 87200, 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, Deputy Executive Director, General Counsel, Assistant General Counsel, and Consultants will be retained by this agency. Designated employees and individuals who shall file 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 Definitions "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. ATTY. GEN 225 (1986) APPENDIX "A" Designated Positions Disclosure Category Assistant Community Development Director 1,2,3,4,5,6 Assistant General Counsel 1,2,3,4,5,6 Consultants* 1,2,3,4,5,6 Deputy Executive Director 1,2,3,4,5,6 General Counsel 1,2,3,4,5,6 Redevelopment/Economic Development Manager 1,2,3,4,5,6 Redevelopment Project Manager 1,2,3,4,5,6 Secretary 1,2,3,4,5,6 *Consultants shall disclose pursuant to the broadest disclosure category in the Code subject to the following limitations: The City Manager 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. APPENDIX "B" DISCLOSURE CATEGORIES Designated Employees in Disclosure Category 1 Must Report: All interest in real property, as defined 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 City of Cypress, or within two miles of any land owned or used by the City of Cypress. No disclosure need be made concerning the principal residence of the designated employee. Designated Employees in Disclosure Category 2 Must Report: All investments, as defined in Government Code 87034. Financial interests are reportable only if located within or subject to the jurisdiction of the City of Cypress, or if the business entity is doing business or planning to do business in the City of Cypress, or has done business within the City of Cypress 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 defined 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 City: 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 City of Cypress. 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 of 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 City of Cypress.