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HomeMy WebLinkAbout1994-03-08 - AGENDA REPORTS - SCRDA ADOPTION RESO (2)AGENDA REPORT Executive Item tt� pif;§ented by: George A. Caravalho UNFINISHED BUSINESS DATE: March 8, 1994 SUBJECT: REDEVELOPMENT AGENCY ADOPTION OF RESOLUTIONS SUPPORTING ROUTINE OPERATIONS Resolutions RDA 94-5, RDA 94.6, and RDA 94.4 DEPARTMENT: Redevelopment Executive Director Background At the meetings of February 22, 1994, the City Council and Redevelopment Agency Board approved the creation of a Community Recovery Plan to respond to earthquake relief; Infrastructure needs; economic development and community revitalization; and housing Improvements. The following resolutions should now be adopted to provide for routine Redevelopment Agency operations as described In the Community Recovery Plan. Resolution RDA 94-5 establishes local guidelines and procedures for the implementation of CEQA. Resolution RDA 94-6 sets a public hearing for the Agency meeting of March 22, 1994, for the consideration of the adoption of a proposed Conflict of Interest Code. Resolution RDA 94-4 approves a promissory note format which has been developed by the City Attorney and a $250,000 "credit line" by the City's General Fund to the RDA. This credit line will be used to account for and ultimately receive reimbursement for City staff and the operating costs provided to the RDA during the remainder of the current fiscal year. Recommendation It is recommended that the Redevelopment Agency approve Resolutions RDA 94.5, RDA 94-6, and RDA 94-4. councifvedev.3-8 Attachments Resolution RDA 94-5 Adopted:3- �-2q Resolution RDA 94-6 Resolution RDA 94-4 Conflict of Interest Code AgcrAa Item: RESOLUTION NO. RDA 94-4 A RESOLUTION OF THE SANTA CLARITA REDEVELOPMENT AGENCY ACCEPTING THE OFFER OF A LOAN BY THE CITY OF SANTA CLARITA AND AUTHORIZING THE EXECUTION OF A PROMISSORY NOTE The Board of the Santa Clarita Redevelopment Agency does resolve as follows: SECTION 1. The Agency does hereby accept the offer of a loan in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00) by the City of Santa Clarita, which loan is authorized pursuant to the Community Redevelopment Law (Section 33000 et sea. of the Health and Safety Code). The Executive Director is hereby authorized and directed to execute a Promissory Note evidencing such loan, in substantially the form attached as Exhibit A to this Resolution and incorporated herein by this reference, in favor of the City of Santa Clarita. SECTION 2. The Assistant Secretary shall certify to the adoption of this Resolution and certify this record to be a full, true, correct copy of the action taken. PASSED, APPROVED Clarita Redevelopment day of AND ADOPTED Agency at a I HEREBY CERTIFY that adopted by the Board of the a regular meeting thereof, , 19_, by AYES: MEMBERS NOES: MEMBERS ABSENT: MEMBERS ABSTAIN: MEMBERS wc:ssn4.2 by the Board of the Santa regular meeting held on the 19 CHAIRPERSON the foregoing Resolution was duly Santa Clarita Redevelopment Agency at held on the day of the following vote of the Board: ASSISTANT SECRETARY $250,000.00 EXHIBIT A PROMISSORY NOTE March 8, 1994 The Santa Clarita Redevelopment Agency, a redevelopment agency ("Agency"), for a good and valuable consideration, receipt of which is hereby acknowledged, does hereby agree to pay, on or before maturity, to the City of Santa Clarita, a municipal corporation ("City"), at Santa Clarita, California 91355, the sum of Two Hundred Fifty Thousand Dollars ($250,000.00), together with interest per annum thereon, at a rate equal to the prime rate plus one (1) point; "prime rate" as used herein shall mean the prime rate of interest quoted In the greater Los Angeles area as of July 1st of each calendar year during the term thereof, by the First Interstate Bank, or its successor. Principal and interest shall be payable in lawful monies of the United States. Said principal and interest shall be paid at maturity; provided, at the option of the Agency, the entire balance of principal and interest may be paid prior to said maturity date. Should litigation be reasonably necessary to enforce the provisions of this Note, the Agency shall pay, in addition to all other sums due on this note, an amount equal to reasonable attorneys' fees as set by the court, plus court costs incurred therein. SANTA CLARITA REDEVELOPMENT AGENCY, REDEVELOPMENT AGENCY By Executive Director ATTEST: By Assistant Secretary CONFLICT OF INTEREST CODE OF THE SANTA CLARITA REDEVELOPMENT AGENCY SECTION 100. Purpose. Pursuant to the provisions of Government Code Sections 87300, et seq., the Santa Clarita Redevelopment Agency (hereinafter referred to as "Agency"), hereby adopts the following Conflict of Interest Code. The provisions of this Code are additional to those contained in Title 9, Chapter 7 of the Government Code (Sections 87100 et seq.). Except as otherwise indicated, the definitions contained in Title 9, Chapter 2 of the Government Code (Sections 82000 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 which may be materially affected by their official actions, and, in appropriate circumstances to provide that designated employees should be disqualified from acting in order that conflicts of interest may be avoided. SECTION 200. Designated Positions. The positions listed in Exhibit "A" are designated positions. Officers and employees holding those positions are designated employees and are deemed to make or participate in the making of decisions which may foreseeably have a material effect on a financial interest. SECTION 300. 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 IAX:84819.2 file an annual statement disclosing that employeefs or official's interest in investments, business positions, interests in real property and source of income designated as reportable under the category to which the employee's or official's position is assigned on Exhibit "B". SECTION 400. Place and Time of Filing. (a) All designated employees or officials required to submit a statement of financial interests shall file the original with the Secretary's office. (b) The Secretary'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 on the effective date of this Code. (d) All persons appointed, promoted or transferred to designated positions shall file initial statements not more than 30 days after assuming office. (e) The first statement of financial interests filed by a designated employee shall disclose the designated employee's reportable investments and interests in real property as those investments and interests in real property exist as of the effective date of this Code or the date the designated employee assumed office, whichever is later. Income and business positions need not be reported on the first statement. (f) Annual statements shall be filed during the month of IAX:84819.2 2 July by all designated employees. Such statements shall disclose reportable investments, business positions, interest in real property and income held or received at any time during the previous calendar year or since the designated employee took office if during the calendar year. (g) A designated employee 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. (h) Every designated employee 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. (i) A designated employee who resigns the position within 12 months following initial appointment or within 30 days of the date of a notice mailed by the filing officer of the individual's filing obligation 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 Agency or receive or become entitled to receive any form of payment by virtue of being appointed to the position. Within 30 days of the LAX:84819.2 3 date of a notice mailed by the filing officer, the individual shall do both of the following: (1) File a written resignation with the appointing power. (2) File a written statement with the filing officer on a form prescribed by the commission and signed under the penalty of perjury stating that the individual, during the period between appointment and resignation, did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. SECTION 500. Contents of Disclosure Statements. Disclosure statements shall be made on forms supplied by the Secretary's office 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 LAX:94919.2 4 property; (4) A statement whether the fair market value of the investment or interest in real property equals 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 one hundred thousand dollars ($100,000). For purposes of this Code, "interest in real property" does not include the principal residence of the designated employee or any other property which the designated employee utilizes exclusively as the employee's personal residence. (b) Contents of Personal Income Reports: When personal income' is required to be disclosed, the statement shall contain: (1) The name and address of each source of income aggregating two hundred and 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; ."Income" is defined in Title 9, Chapter 2 of the Government Code (Section 82030). That definition is attached hereto as Exhibit "L+" LAx:848192 5 (2) A statement whether the aggregate 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); (3) A description of the consideration, if any, for which the income was received; (4) In the case of a gift, the amount and the date on which the gift was received; (5) In the case of a loan, the annual interest rate and the security, if any, given for the loan. (c) Contents of Business Entity Reports. When the designated employee'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 received payments if the designated employee'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; LAX:84819.2 6 (3) Income of a business entity is only required to be reported if the direct, indirect or beneficial interest of the designated employee and his or her spouse in the business entity aggregates a to percent or greater interest. In addition, for purposes of subparagraphs 2 and 3 of this section (c), the disclosure of persons who are clients or customers of a business 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. (4) When a payment, including an advance or reimbursement, for travel is required to be reported pursuant to (b) and (c) of this Section 500, it may be reported on a separate travel reimbursement schedule which shall be included in the filer's statement of economic interest. A filer who chooses not to use the travel schedule shall disclose payments for travel as a gift, unless it is clear from all surrounding circumstances that the services provided were equal to or greater in value than the payments for the travel, in which case the travel may be reported as income. (d) Contents of Business Position Disclosure. When business positions are ,required to be reported, LAX:84819.2 7 the designated employee shall list 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 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. SECTION 600. Disqualification. Designated employees 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 has a direct or indirect investment worth one thousand dollars ($1,000) or more; (b) Any real property in which the designated employee 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 LAX:94819.2 8 of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (d) Any business entity in which the designated employee 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 aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the designated employee 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, by an agent on behalf of a designated employee or by a business entity or trust in which the designated employee, the designated employee's agents, spouse and dependent children own directly, indirectly or beneficially a 10 percent interest or greater. No designated employee 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 required to disqualify himself or herself shall notify the Executive Director in writing, who shall cnx:94819.2 9 record the person's disqualification. LAX:94819.2 10 EXHIBIT "A" Designated Employees and Disclosure Categories The following positions entail the making or participation in the making of decisions which may foreseeably have a material effect on financial interests: Designated Disclosure Position Categories - Members of the Agency Board . . . . . . . . . . . . . . 1 - Executive Director . . . . . . . . . . . . . . 1 - Assistant Executive Director . . . . . . . . . . . 1 - Assistant Secretary . . . . . . . . . . . . . . . . . 1 - Assistant Treasurer . . . . . . . 1 - General Counsel . . . . , . . . . . . . . . . . 1 - Redevelopment Manager. . . . . . . . . .. . . . 1 - Members of all Commissions and Committees established and appointed by the Agency Board . . . . . . . . . 1 LAX84819.2 11 EXHIBIT "B" Categories of Reportable Economic Interests Designated persons in Category 111" must report: All investments, interests in real property, income and any business entity in which the person is a director, officer, partner, trustee, employee or holds any position of management. These financial interests are reportable only if located within and subject to the jurisdiction of the Agency or if the business entity is doing business or planning to do business in an area subject to the jurisdiction of the Agency or has done business within an area subject to the jurisdiction of the Agency at any time during the two years prior to the filing of the statement. Designated persons in Category 112" must report: A. All investments in real property located within or subject to the jurisdiction of the Agency. B. Investments in any business entity which within the last two years has contracted or in the future foreseeably may contract with the Agency. C. Income from any source which within the last two years has contracted or in the future foreseeably may contract with the Agency. D. His or her status as a director, officer, partner, trustee, employee or holder of a position of management in any LAX:848192 12 business entity which within the last two years has contracted or in the future foreseeably may contract with the Agency. LAX:84819.2 13 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, dividend, 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, per diem, or contribution to an insurance or pension program paid by any person other than 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 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. (4) 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. LAM94919z 1 (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: (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 ifthe 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. ux:84819.2 2 RESOLUTION NO. RDA 94-5 A RESOLUTION OF THE SANTA CLARITA REDEVELOPMENT AGENCY ADOPTING LOCAL GUIDELINES AND PROCEDURES FOR IMPLEMENTATION OF THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED WHEREAS, the Santa Clarita Redevelopment Agency recognizes the need to preserve, protect, and enhance the natural and human environment; and WHEREAS, Public Resources Code Section 21082, part of the California Environmental Quality Act ("CEQA"), requires that the Agency adopt guidelines and procedures for the environmental review and evaluation of projects, and further requires that these guidelines and procedures be consistent with CEQA and the State CEQA Guidelines ("State Guidelines") as adopted and amended by the Secretary of the Resources Agency; and, WHEREAS, these guidelines and procedures are to provide an orderly means for the Santa Clarita Redevelopment Agency to evaluate the environmental impacts of proposed projects, provide for public participation, and process the required environmental documents in a conscientious and timely manner. NOW, THEREFORE, THE SANTA CLARITA REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Local Guidelines and Procedures for Implementation of the Provisions of the California Environmental Quality Act of 1970, as amended, as adopted by the City of Santa Clarita by Resolution No. 91-50 on April 4, 1991 and as they may be amended in the future, are hereby adopted by the Santa Clarita Redevelopment Agency ("Agency") to the extent that such guidelines apply to the Agency, except that all references to the "City Manager" shall be deemed to be references to the "Executive Director" of the Agency. LAX:84863.1 SECTION 2. The Assistant Secretary shall certify to the adoption of this Resolution and certify this record to be a full, true, correct copy of the action taken. PASSED, APPROVED AND ADOPTED this , 1994. ATTEST: ASSISTANT SECRETARY I HEREBY CERTIFY adopted by the Board Redevelopment Agency day of Board: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ABSTAIN: MEMBERS: day of 1.i that the foregoing Resolution was duly of Directors of the Santa Clarita at a regular meeting thereof, held on the , 1994, by the following vote of the ASSISTANT SECRETARY LAX:84863.1 -2- RESOLUTION NO. RDA 94_6 A RESOLUTION OF THE SANTA CLARITA REDEVELOPMENT AGENCY PROPOSING TO ADOPT A CONFLICT OF INTEREST CODE AND SETTING A PUBLIC HEARING TO CONSIDER SUCH ADOPTION THE SANTA CLARITA REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Pursuant to applicable laws, the document entitled "Conflict of Interest Code of the Santa Clarita Redevelopment Agency," attached hereto as exhibit A and incorporated herein by this.reference, is proposed to be adopted as the conflict of interest and disclosure code for designated employees of the Santa Clarita Redevelopment Agency. SECTION 2. A public hearing to consider the proposed adoption of said code shall be held on March 22, 1994. SECTION 2. The Assistant Secretary of the Agency is directed to: (1) certify the adoption of this Resolution, (2) cause the proposed Conflict of Interest. Code to be held for public inspection in the Assistant Secretary's Office and (3) give notice of the public hearing described herein in the time and manner prescribed by law. PASSED, APPROVED AND ADOPTED this day of . 1994. CHAIRMAN LAX:84832.1 I HEREBY CERTIFY adopted by the Santa meeting thereof, held by the following vote AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ABSTAIN: MEMBERS: that the foreaoina Resolution Clarita on the of the was duly Redevelopment Agency at a regular day of , 1994, Agency: ASSISTANT SECRETARY LA7C:U832.1 -2-