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SUCCESSOR AGENCY RESOLUTION NO. 2012-008
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE
FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF SANTA ANA ADOPTING A CONFLICT OF INTEREST
CODE FOR THE SUCCESSOR AGENCY AND DIRECTING
STAFF TO SUBMIT IT TO THE CITY COUNCIL OF THE CITY OF
SANTA ANA AS THE CODE REVIEWING BODY PURSUANT TO
THE CALIFORNIA POLITICAL REFORM ACT
BE IT RESOLVED BY THE MEMBERS OF THE SUCCESSOR AGENCY OF THE
CITY OF SANTA ANA, AS FOLLOWS:
Section 1. The City Council of Santa Ana, acting as Successor Agency, hereby
finds, determines and declares as follows:
A. The California state legislature enacted ABx1 26 to dissolve
redevelopment agencies. The Redevelopment Agency of the City of Santa Ana was
dissolved and the City Council adopted a resolution declaring that the City would act as
the Successor Agency for the former Community Redevelopment Agency ("Successor
Agency").
B. The Successor Agency is deemed a local entity for purposes of the
Political Reform Act.
C. Pursuant to the Political Reform Act and regulations promulgated
thereunder by the Fair Political Practices Commission ("FPPC"), a newly established
entity is required to adopt a conflict of interest code.
D. The Successor Agency finds and determines that it is appropriate to adopt
as its conflict of interest code the model conflict of interest code promulgated by the
FPPC as set forth in this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE SUCCESSOR AGENCY TO
THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA
ANA:
Section 2. The foregoing recitals are incorporated into this Resolution by this
reference, and constitute a material part of this Resolution.
Section 3. Pursuant to the Political Reform Act of 1974, Government Code
Section 87300 et seq., and Section 18730 of Title 2 of the California Code of
Regulations, the Successor Agency adopts the model conflict of interest code promulgated
by the Fair Political Practices Commission of the State of California as set forth in Section
18730 of Title 2 of the California Code of Regulations, which model conflict of interest code
is incorporated herein by reference, and which together with the list of designated positions
and the disclosure categories applicable to each designated position as set forth in Sections
5 and 7 of this Resolution, collectively constitutes the Successor Agency Board's conflict of
interest code. As the model conflict of interest code set forth in Section 18730 of Title 2
of the California Code of Regulations is amended from time to time by State law,
regulatory action of the FPPC, or judicial determination, the portion of the Board's
conflict of interest code comprising the model conflict of interest code shall be deemed
automatically amended without further action to incorporate by reference all such
amendments to the model conflict of interest code so as to remain in compliance
therewith. Nothing in this Resolution shall supersede the independent applicability of
Government Code Section 87200.
Section 4. The definitions contained in the Political Reform Act of 1974 and in
the regulations of the Fair Political Practices Commission and any amendments to
either of the foregoing, are incorporated by reference into this conflict of interest code.
Section 5. The following are the designated Successor Agency positions, the
holders of which shall be required to file statements of economic interests: Successor
Agency Board members.
Section 6. The code reviewing body for this conflict of interest code shall be
the City Council of the City of Santa Ana. This conflict of interest code shall be promptly
submitted after its adoption by the Secretary to the City Council of the City of Santa
Ana. Statements of economic interests shall be filed by Successor Agency Board
members with the Clerk of the Council.
Section 7. The Successor Agency finds and determines that the persons
holding the positions set forth in Section 5 make or participate in the making of
decisions which may foreseeably have a material effect on financial interests.
Section 8. Each person holding a designated position set forth in Section 5
shall report in every disclosure category set forth in the statement of economic interests
promulgated by the FPPC to the extent such category is applicable to such person
pursuant to the rules and regulations of the FPPC. The disclosure categories as
promulgated by the FPPC may be amended from time to time and such amendments
shall not require an amendment to this code or Resolution.
Section 9. Sections 5 and 8 of this Resolution constitute the Appendix referred
to in subdivision (b)(2) of Section 18730 of Title 2 of the California Code of Regulations.
Section 10. Nothing contained in this Resolution is intended to modify or
abridge the provisions of the Political Reform Act of 1974, Government Code Section
87000 et seq., or FPPC Regulations, Title 2 California Code of Regulations including
Sections 18700et seq. The provisions of this Resolution are additional to the Political
Reform Act and FPPC Regulations. This Resolution shall be interpreted in a manner
consistent with the Political Reform Act and FPPC Regulations. In the event of any
inconsistency between the provisions of this Resolution, and the Political Reform Act
and/or the FPPC Regulations, the provisions of the Political Reform Act and FPPC
Regulations shall govern.
Section 11. If any section, subsection, sentence, clause, phrase or word of
this Resolution is for any reason held to be invalid by a court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this Resolution.
The Successor Agency hereby declares that it would have passed and adopted this
Resolution, and each and all provisions hereof, irrespective of the fact that one or more
section, subsection, sentence, clause, phrase or word may be declared invalid.
Section 12. The Clerk of the Council shall certify to the adoption of this
Resolution.
ADOPTED this 1 st day of October, 2012.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Lisa E. Storck
Assistant City Attorney
Mayor
AYES: Councilmembers: Alvarez, Benavides. Bustamante, Martinez.
Tinaiero, Sarmiento, Pulido (7)
NOES: Councilmembers:
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers: None (0)
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2012-008 to be the original resolution adopted by the City Council acting
as the Successor Agency on October 1, 2012.
Date: tD - Ajza?
Maria D. Huizar, Clerk of IA Council