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RES-2012-103 RESOLUTION 2012 -103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND ADOPTING AN AMENDMENT TO THE CITY'S CONFLICT -OF- INTEREST CODE TO ADD BOTH THE CITY OF ANAHEIM, AS SUCCESSOR AGENCY TO THE ANAHEIM REDEVELOPMENT AGENCY, AND THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY. WHEREAS, pursuant to the requirements of the Political Reform Act (commencing with Section 81000 of the Government Code of the State of California; herein referred to as the "Act "), state and local government agencies are required to adopt and promulgate Conflict -of- Interest Codes, and to amend such Conflict -of- Interest Codes from time to time when such amendments are necessitated by changes in the decision - making positions in the agencies; and WHEREAS, pursuant to the Act and Section 18730 of Title 2 of the California Code of Regulations (herein referred to as the "FPPC Regulations "), the City Council ( "City Council ") of the City of Anaheim has previously adopted the standard model Conflict -of- Interest Code promulgated by the Fair Political Practices Commission ( "FPPC ") and established disclosure categories for specified public officials that are required to periodically file Statements of Economic Interests (Form 700) disclosing defined financial interests tailored to the scope of each official's job duties; and WHEREAS, the disclosure categories and list of designated positions were adopted as Appendices A and B, respectively, of the City's Conflict -of- Interest Code, which included specified public officials and employees, as well as the Anaheim Redevelopment Agency, the Anaheim Housing Authority ( "Authority "), the Anaheim Public Financing Authority ( "APFA "), the Anaheim Public Improvement Corporation ( "APIC ") and the Industrial Development Authority of Anaheim ( "IDA "); and WHEREAS, Appendix B of the City's Conflict -of- Interest Code has been revised from time to time by the City Council due to changed circumstances, including the establishment and deletion of certain departmental positions, as well as changes in job titles and responsibilities; and WHEREAS, pursuant to Section 82011 of the Act, the City Council is the Code Reviewing Body for any City agency within its jurisdiction (except the City Council); and WHEREAS, by the enactment of Part 1.85 of Division 24 of the California Health and Safety Code (the "Dissolution Act "), all redevelopment agencies, including the Anaheim Redevelopment Agency ( "Agency "), were dissolved as of February 1, 2012; and WHEREAS, as of and on February 1, 2012, all assets, properties, contracts, leases and records of the Agency were transferred by operation of law to the City of Anaheim, acting as the Successor Agency to the dissolved Agency ( "Successor Agency "), to administer the enforceable obligations of the Agency and otherwise wind up the Agency's affairs, all subject to the review and approval of an "Oversight Board "; and WHEREAS, the Oversight Board of the Successor Agency to the Anaheim Redevelopment Agency (the "Oversight Board ") has been established to oversee and approve the actions of the Successor Agency to wind down the affairs of the Agency in accordance with the Dissolution Act; and WHEREAS, the FPPC has issued a general advice letter to the general counsel for the League of California Cities about how the Act and the FPPC Regulations apply to "successor agencies" and "oversight boards" under the Dissolution Act; and WHEREAS, the Successor Agency and the Oversight Board are each deemed to be a "local government agency" pursuant to the requirements of the Act and must, therefore, either adopt a Conflict -of- Interest Code or be added to the City's Conflict -of- Interest Code; and WHEREAS, the City Council desires to amend the City's Conflict -of- Interest Code to add the Successor Agency and the Oversight Board, thereby establishing disclosure categories for specified public officials of the Successor Agency and the Oversight Board that are required to periodically file Statements of Economic Interests (Form 700) disclosing defined financial interests tailored to the scope of each official's job duties. NOW, THEREFORE, be it resolved by the City Council of the City of Anaheim as follows: 1. Exhibit "P" of Appendix B of the City of Anaheim Conflict -of- Interest Code is superseded and a new Exhibit "P ", in the form attached hereto and incorporated by reference herein, is hereby added to the City's Conflict -of- Interest Code for the purpose of adding the Successor Agency and establishing disclosure categories for specified public officials of the Successor Agency, effective on the date the City Council approves and adopts this Resolution. 2. Appendix B of the City of Anaheim Conflict -of- Interest Code is revised to incorporate a new Exhibit "U ", in the form attached hereto and incorporated by reference herein, for the purpose of adding the Oversight Board and establishing disclosure categories for specified public officials of the Oversight Board, effective on the date the City Council approves and adopts this Resolution. 3. Except for those members of the Oversight Board who are members of the City Council of the City of Anaheim, the members of the Oversight Board whose positions and disclosure categories are designated in Exhibit "U" of Appendix B for the first time are required to file an initial assuming office Statement of Economic Interests (Form 700) as defined by the Act. 2 4. This Resolution shall supersede any prior resolutions of the City Council to the extent of any inconsistency between the provisions thereof. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 21st day of August , 2012, by the following roll call vote: AYES: Mayor Tait, Council Members Sidhu, Galloway, Eastman and Murray NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM MAY OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY 0 ANAHEIM 90386 3 CITY OF ANAHEIM, AS SUCCESSOR AGENCY TO THE ANAHEIM REDEVELOPMENT AGENCY CONFLICT OF INTEREST CODE DESIGNATED POSITIONS FOR THE CITY OF ANAHEIM, AS SUCCESSOR AGENCY TO THE ANAHEIM REDEVELOPMENT AGENCY Exhibit P Designated Positions Disclosure Category Directors 1 Executive Director 1 Treasurer 1 Secretary 1 Consultants* 1 * Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest category in the code subject to the following limitation: The City Manager, or his or her designees, 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 described in this section. Such written determination shall include a description of the consultant's duties and, based upon the description, a statement of the extent of disclosure requirements. The City Manager's, or his or her designee'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. OVERSIGHT BOARD OF THE SUCESSOR AGENCY TO THE ANAHEIM REDEVELOPMENT AGENCY CONFLICT OF INTEREST CODE DESIGNATED POSITIONS FOR THE OVERSIGHT BOARD OF THE SUCESSOR AGENCY TO THE ANAHEIM REDEVELOPMENT AGENCY Exhibit U Designated Positions Disclosure Category Members 1 Consultants* 1 * Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest category in the code subject to the following limitation: The City Manager, or his or her designee, 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 described in this section. Such written determination shall include a description of the consultant's duties and, based upon the description, a statement of the extent of disclosure requirements. The City Manager's, or his or her designee'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.