HomeMy WebLinkAbout92-03 RDA Resolution RDA RESOLUTION NO. 92-03
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF
TEMECULA, CALIFORNIA, ADOPTING A CONFLICT OF
INTEREST CODE.
WHEREAS, the Redevelopment Agency of Temecula was activated pursuant to Ordinance
Nos. 91-08, and 91-14, respectively; and;
WHE~S, it is foreseeable that the Redevelopment Agency officers and employees may
participate in the making of decisions which could have a material impact on their personal
financial interests distinguishable from the public generally; and,
WHEREAS, the California State Fair Political Practices Commission has ruled that such
material interests should be disclosed and in appropriate circumstances the affected official should
abstain from voting or participating in such a decision; and,
WHEREAS, the Redevelopment Agency of Temecula adopted a Conflict of Interest Code
on September 10, 1991 as required by Government Code Section 87300; and,
WHEREAS, Government Code Section 87306.5 requires the "local agency" to review its
Conflict of Interest Code, no later than July 1 of each even-numbered year and to amend said code
if necessitated by changed circumstances,
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF TEMECULA DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the attached Conflict of Interest Code, is hereby adopted as the Conflict
of Interest Code for the Redevelopment Agency of Temecula.
Section 2. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 9th day of June, 1992.
ATTEST:
k~' "'l, ' 'A.,~~~---~-
J n~ , City C erk/ gency Secretary
[SEAL]
J. Sal Mufioz Chairperson
Resos.RDA/92-03 1
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE)
CITY OF TEMECULA)
SS
I, June S. Greek, Secretary of the Redevelopment Agency of Temecula, HEREBY DO
CERTIFY that the foregoing Resolution No. RDA 92-03 was duly adopted at a regular meeting
of the Redevelopment Agency of Temecula on the 9th day of June, 1992, by the following roll
call vote:
AYES: 5
COUNCILMEMBERS:
Birdsall, Lindemans, Moore, Parks,
Munoz
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
June~i, City Cl~rk/Ag~~~y S~retary
R¢sos.RDM92-03 2
CONFLICT OF INTEREST
FOR THE
REDEVELOPMENT AGENCY FOR THE
CITY OF TEMECULA
SECTION 1. Purpose. Pursuant to the provisions of Government Code Sections 87300,
et seq., the Redevelopment Agency for the City of Temecula (hereinafter referred to as
"Agency") hereby adopts the following Conflict of Interest Code. The provisions of the Code
are in addition to those contained in Title 9, Chapter 7 of the Government Code (Section 87100
et seq.). Except as otherwise indicated, the definitions contained in Title 9, Chapter 2 of the
Government Code (Section 8200 et seq.) are incorporated herein and apply to this Code. It is
the purpose of this Code to provide for the disclosure of assets and income of designated
employees and officials which may be materially affected by their official actions, and, in
appropriate circumstances, to provide that designated employees and officials should be
disqualified from participating in Agency decision-making in order that conflicts of interest may
be avoided.
SECTION 2. Designated Positions. The positions listed in Exhibit "A" are designated
positions. Officers and employees holding those positions are deemed to make or participate in
the making of decisions which may foreseeable have a matehal effect on their financial interest.
SECTION 3. Disclosure Statements. Designated positions shall be assigned to one or
more of the disclosure categories set forth in Exhibit "B". Each designated employee or official
shall file an initial and annual statement of financial interests disclosing that employee's or
official's interest in investments, business positions, interests in real property and income
reportable under the category to which the employee's or official's position in assigned in
Exhibit "B".
SECTION 4. Place and Time of Filing.
(a) All designed employees or officials required to submit an initial and annual
statement of financial interests shall use FPPC Form No. 730 and shall file the original with the
City Clerk's Office.
(b) The City Clerk's office shall make and retain a copy of the statement.
(c) A designated employee or official required to submit an initial statement of
financial interest shall submit the statement within 30 days after the effective date of this Code,
disclosing interests held including investments, business positions, and interests in real property
on the effective date of this Code or the date the designated employee or official assumed office,
whichever is later, and income received during the twelve (12) months prior to the effective date
of this Code.
Conflict.cod'~RDA - 1 -
(d) All person hereafter appointed, promoted, or transferred to designated
positions shall file initial statements not more than 30 days after assuming office.
(e) Annual statements shall be filed by April 1, of each year by all designated
employees and officials. Such statements shall disclose reportable investments, business
positions, interests in real property, and income held or received at any time during the previous
calendar year or since the designated employee or official took office if during the calendar year.
(f) A designated employee or official required to file a statement of financial
interest with any other agency which is within the same territorial jurisdiction and whose
disclosure requirements are comparable may comply with the provisions of this Code by filing
a duplicate copy of the statement filed with the other agency, in lieu of an entirely separate
statement.
(g) Every designated employee or official who leaves office shall file, within 30
days of leaving office, a statement disclosing reportable investments, business positions, interests
in real property, and income held or received at any time during the period between the closing
date of the last statement required to be filed and the date of leaving office.
(h) A designated employee or official who resigns his or her position within 30
days following initial appointment is not deemed to assume or leave office, provided that during
the period between appointment and resignation the individual does not make, participate in
making, or use the position to influence any decision of the City or receive or become entitled
to receive any form of payment by virtue of being appointed to the position.
SECTION 5. Contents of Disclosure Statements. Disclosure statements shall be made
on forms supplied by the City Clerks Office, FPPC Form No. 730, and shall contain the
following information:
(a) Contents of Investment and Real Property Reports. When an investment or
an interest in real property is required to be disclosed, the statement shall contain:
1. A statement of the nature of the investment or interest;
2. The name of the business entity in which each investment is held and
a general description of the business activity in which the business entity is engaged;
3. The address or other precise location of the real property;
4 A statement whether the fair market value of the investment or interest
in real property equa; or exceeds one thousand dollars ($1,000) but does not exceed ten
thousand dollars (10,000), whether it exceeds ten thousand dollars ($10,000) but does not exceed
one hundred thousand dollars ($100,000), or whether it exceeds c. ~. hundred thousand dollars
($100,000). For purposes of this Code, "interest in real property" aoes not include the principal
Conflict.cod~,RDA -2-
residence of the designated employee or official or any other property which the designated
individual utilizes exclusively as that individual's personal residence.
(b) Contents of Personal Income Reports: When personal incomet is required
to be disclosed the statements shall contain:
1. The name and address of each source of income totaling two hundred
fifty dollars ($250) or more in value, or fifty dollars ($50) or more in value if the income was
a gift, and a general description of the business activity, if any, of each source;
2.. A statement whether the total value of income from each source, or,
in the case of a loan, the highest amount owed to each source, was at least two hundred fifty
dollars ($250) but did not exceed one thousand dollars ($1,000), whether it was in excess of one
thousand dollars $1,000) but not greater than ten thousand dollars ($10,000), or whether it was
greater than ten thousand dollars ($10,000);
received;
3. A description of the consideration, if any, for which the income was
4. In the case of a gift, the name, address and business activity of the
donor and any intermediary through which the gift was made; a description of the gift; the
amount or value and the date on which the gift was received;
given for the loan.
5. In the case of a loan, the annual interest rate and the security, if any,
(c) Contents of Business Entity Reports. When the designated employee's or
official's pro rata share of income to a business entity, including income to a sole proprietorship,
is required to be reported, the statement shall contain:
1. The name, address, and a general description of the business activity
of the business entity;
2. The name of every person from whom the business entity receive
payments if the designated employee's or official's pro rata share of gross receipts from such
person was equal to or greater than ten thousand dollars ($10,000) during a calendar year;
3. Income of a business entity is required to be reported only if the direct,
indirect, or beneficial interest of the designated employee/official and his or her spouse in the
business entity totals a 10 percent or greater interest. In addition, for purpose of subparagraphs
2 and 3 of this subsection, the disclosure of person who are clients or customers of a business
~Income is defined in Title 9, Chapter 2 of the Government Code (Section 82030). That
definition is attached hereto as Exhibit "C".
Conflict.cod\RDA -3-
entity is required only if it is reasonably foreseeable that the client or customer may be
materially affected by the decisions of the designated employee/official.
(d) Contents of Business Position Disclosure. When business positions are
required to be reported, the designated employee/official shall lists the name and address of each
business entity in which he or she is a director, officer, partner, trustee, employee, or in which
he or she holds any position of management; a description of the business entity in which the
business is engaged, and the designated employee's or official's position with the business entity.
(e) Acquisition or Disposal During a Calendar Year. If any otherwise reportable
investment or interest in real property was partially or wholly acquired or disposed of during the
period covered by the statement, the statement shall contain the date of acquisition or disposal.
No designated employee shall acquire any interest in any real property included within a
redevelopment project area subject to the limited exceptions contained in Section 33130 of the
Health and Safety Code.
SECTION 6. Disqualification. Designated employees and officials shall disqualify
themselves from making, participating in the making of, or in any way using their official
position to influence a governmental decision when it is reasonably foreseeable that the decision
will have a material financial effect (distinguishable from its effect on the public generally) on
the designated employee, or a member of his or her immediate family, or on:
(a) Any business entity in which the designated employee/official has a direct or
indirect investment worth one thousand dollars ($1,000) or more;
(b) Any real property in which the designated employee official has a direct or
indirect interest worth one thousand dollars ($1,000) or more;
(c) Any source of income, other than gifts and other than loans by a commercial
lending institution in the regular course of business on terms available to the public without
regard to official status, totaling two hundred fifty dollars ($250) or more in value provided to,
received by, or promised to the designated employee/official within 12 months prior to the time
when the decision is made;
(d) Any business entity in which the designated employee/official is a director
officer, partner, trustee, employee, or holds any position of management; or
(e) Any donor of, or any intermediary or agent for a donor of, a gift or gifts
totaling two hundred fifty dollars ($250) or more in value provided to, received by, or promised
to the designated employee/official within 12 months prior to the time when the decision is
made.
For purposes of this section, "indirect investment or interest" means any
investment or interest owned by the spouse or dependent child of a designated employee/official,
Conflict.cod'~RDA -4-
by an agent on behalf of a designated employee/official, or by a business entity or trust in which
the designated employee/official, and/or his agents, spouse, and dependent children own directly,
indirectly, or beneficially a 10 percent interest or greater.
No designated employee/official shall be required to disqualify himself or herself
with respect to any matter which could not legally be acted upon or decided without his or her
participation.
A designated employee/official required to disqualify himself or herself shall
notify the Executive Director and the Secretary, and the Secretary shall record the person's
disqualification.
Violations Pursuant to Government Code Section 87300, this Code "shall have
the force of law" and any violation of any provision of this Code shall be punishable in
accordance with Government Code Section 91000 to 91015 and include criminal and civil
sanctions, as well as discipline within the City's Personnel System.
Conflict.cod\RDA ~5-
SECTION 7. EXHIBIT "A"
DESIGNATED TEMECULA EMPLOYEES AND OFFICIALS
AND DISCLOSURE CATEGORIES
The following Redevelopment Agency positions entail the making or participation in the
making of decisions which may foreseeable have a material effect on financial interests:
Designated Position
Disclosure Categories
***Agency Members ........................................... 0
***City Treasurer ............................................. 0
***Executive Director .......................................... 0
Secretary .................................................. 1
***General Counsel ............................................ 0
Member of the Old Town Redevelopment Advisory Committee ................. 1
Member of Project Area Committee(s), if applicable ........................ 1
***The Agency Members, Executive Directors, General Counsel/and City Treasurer are all
required to file disclosure statements pursuant to State law and thus are not included herein. The
annual filing of an FPPC Form NO. 721 by these officials should include dual titles - (i.e.
Redevelopment Agency Member/City Councilmember; City Manager/RDA Executive Director)
Confiict.codXRDA -6-
SECTION 8. EXHIBIT "B"
CATEGORIES OF REPORTABLE ECONOMIC INTERESTS
Designated Persons in Category "1" Must Report:
All investment interests, interests in real property, income, and any business interests in
which the persons is a director, officer, partner, trustee, employee, or holds any position of
management. These interests and income are reportable only if partially or wholly derived from
activities conducted within the jurisdiction of the Redevelopment Agency and located within a
redevelopment project area or within a two mile radius of a project area. Prospective business
interests in a redevelopment project area are reportable and business interests existing at any
time during the two years prior to the filing of the disclosure statement, are reportable.
The Redevelopment Agency reserves its right to add other categories of Reportable Economic
Interests and to redesignate positions where necessary or in compliance with the Political Reform
Act. as amended
Confiict.cod'd*,DA -7-
EXHIBIT "C"
82030. Income. (a) "Income" means, except as provided in subdivision (b), a payment
received, including but not limited to any salary, wage, advance, divided, interest, rent,
proceeds from any sale, gift, including any gift of food or beverage, loan, forgiveness or
payment of indebtedness received by the filer, reimbursement for expenses, reimbursement for
expenses, per diem, or contribution to an insurance or pension program paid by any person other
than an employer, and including any community property interest in the income of a spouse.
Income also includes an outstanding loan. Income of an individual also includes a pro rata share
of any income of any business entity or trust in which the individual or spouse owns, directly,
indirectly or beneficially, a 10-percent interest or greater. "Income," other than a gift, does not
include income received from any source outside the jurisdiction and not doing business within
the jurisdiction, not planning to do business within the jurisdiction, or not having done business
within the jurisdiction during the two years prior to the time any jurisdiction during the two
years prior to the time any statement or other action is required under this title.
(b) "Income" also does not include:
1. Campaign contributions required to be reported under Chapter 4
(commencing with Section 84100).
2. Salary and reimbursement for expenses or per diem received from a
state, local, or federal government agency and reimbursement for travel expenses and per diem
received from a bona fide educational, academic, or charitable organization.
3. Any devise or inheritance.
Interest, dividends, or premiums on a time or demand deposit in a financial
institution, shares in a credit union or any insurance policy, payments received under any
insurance policy, or any bond or other debt instrument issued by any government or government
agency.
5. Dividends, interest, or any other return on a security which is
registered with the Securities and Exchange Commission of the United States Government or a
commodity future registered with the Commodity Futures Trading Commission of the United
States Government, except proceeds from the sale of these securities and commodities futures.
6. Redemption of a mutual fund.
7. Alimony or child support payments.
8. Any loan or loans from a commercial lending institution which are
made in the lender's regular course of business on terms available to members of the public
without regard to official status if:
Conflict.codLRDA -8-
A. Used to purchase, refinance the purchase of, or for
improvements to, the principal residence of filer; or
B. The balance owed does not exceed ten thousand dollars
($10,000).
9. Any loan from an individual's spouse, child, parent, grandparent,
grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, uncle,
aunt, or first cousin, or the spouse of any such person, provided that a loan from any such
person shall be considered income if the lender is acting as an agent or intermediary for any
person not covered by this paragraph.
10. Any indebtedness created as part of a retail installment or credit card
transaction if made in the lender's regular course of business on terms available to members of
the public without regard to official status, so long as the balance owed to the creditor does not
exceed ten thousand dollars ($10,000).
11. Payments received under a defined benefit pension plan qualified
under Internal Revenue Code Section 401(a).
12. Proceeds from the sale of securities registered with the Securities and
Exchange Commission of the United States Government or from the sale of commodities futures
registered with the Commodity Futures Trading Commission of the United States Government
if the filer sells the securities or the commodities futures on a stock or commodities exchange
and does not know or have reason to know the identity of the purchaser.
Conflict.cod\RDA -9-