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HomeMy WebLinkAbout07 APPROVAL OF SUCCESSOR AGENCY & OVERSIGHT BOARD CONFLICT OF INTEREST CODESAGENDA REPORT Agenda Item Reviewed: City Manager Finance Director 7 MEETING DATE: OCTOBER 16, 2012 TO: JEFFREY C. PARKER, CITY MANAGER FROM: PATRICIA ESTRELLA, CITY CLERK SERVICES SUPERVISOR SUBJECT: APPROVAL OF SUCCESSOR AGENCY AND OVERSIGHT BOARD CONFLICT OF INTEREST CODES BY CITY COUNCIL AS THE CODE REVIEWING BODY. SUMMARY Recent changes in California law caused the Tustin Community Redevelopment Agency (CRA) to be dissolved. Pursuant to Health & Safety Code Sections 34171(j), 34173(a), and 34179, the Successor Agency to the Tustin Community Redevelopment Agency ( "Successor Agency ") and the Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency ( "Oversight Board ") have been established to assist in winding down the dissolved CRA. Both the Successor Agency and the Oversight Board are subject to various laws applicable governmental agencies in the state of California, including conflict of interest regulations. Pursuant to the California Political Reform Act, Government Code Section 81000, et seq., every governmental agency must adopt a conflict of interest code. Accordingly, on June 19, 2012, the City Council, acting as the Successor Agency adopted a Conflict of Interest Code for the Successor Agency via Resolution No. 12 -06 (Exhibit "A "). On October 9, 2012, the Oversight Board adopted a Conflict of Interest Code for the Oversight Board via Resolution No. 12 -11 (Exhibit "B "). The California Political Reform Act specifies that a conflict of interest code must also approved by the appropriate "code reviewing body ". The Tustin City Council is the code reviewing body for both the Successor Agency and the Oversight Board. RECOMMENDATION Adopt Resolution 12 -92, attached hereto as Exhibit C and entitled " A Resolution Of The City Council Of The City Of Tustin, California, As The Code Reviewing Body Pursuant To The California Political Reform Act, Approving The Conflict Of Interest Code For The Successor Agency To The Tustin Community Redevelopment Agency And The Conflict 884018.1 Of Interest Code For The Oversight Board Of The Successor Agency To The Tustin Community Redevelopment Agency." FISCAL IMPACT No fiscal impact. BACKGROUND In accordance with California Political Reform Act, the City Council, acting as the Successor Agency and the Oversight Board each adopted conflict of interest codes on June 19, 2012 and October 9, 2012 respectively. These conflict of interest codes, however, must be approved by the Tustin City Council, which by law acts as the code reviewing body for the Successor Agency and the Oversight Board. Staff and the City Attorney will be available to respond to any questions on the matter. Attachments: 1. Successor Agency Resolution No. 12 -06 2. Oversight Board Resolution No. 12 -11 3. City Council Resolution 12 -92 Approving, as Code Reviewing Body, Successor Agency and Oversight Board Conflict of Interest Codes. 884018 1 ATTACHMENT "A" Agency Resolution No. 12 -06 ATTACHMENT "A" 884018.1 SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 12 -06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACTING AS SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY, ADOPTING A CONFLICT OF INTEREST CODE. WHEREAS, pursuant to the California Political Reform Act, Government Code Section 81000, et seq., every governmental agency must adopt a conflict of interest code; and WHEREAS, the Fair Political Practices Commission has adopted a regulation, Title 2 California Code of Regulations Section 18730, which includes mandatory conflict of interest code terms and provisions; and WHEREAS, a conflict of interest code must identify designated positions required to file financial disclosure statements using Forms 700, and applicable disclosure categories. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN ACTING AS SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY HEREBY RESOLVES: SECTION 1. The Political Reform Act, Government Code Section 81000, et seq., requires the Successor Agency to the Tustin Community Redevelopment Agency to adopt and promulgate a conflict of interest code. SECTION 2. By this reference, Title 2 Califomia Code of Regulations Section 18730 the FPPC Standard Conflict of Interest Code, attached hereto as Exhibit "A ", is incorporated herein together with each and every amendment thereto duly adopted by the FPPC. SECTION 3. A list of Designated Positions of the Successor Agency subject to this conflict of interest code is attached hereto as Attachment "B". SECTION 4. A list of Disclosure Categories applicable to the Successor Agency and subject to this conflict of interest code is attached hereto as Attachment "C". SECTION 5. Persons holding Designated Positions shall file statements of economic interests with the City of Tustin Clerk, acting on behalf of the Successor Agency, who will make the statements available for public inspection and reproduction. (Government Code Section 81008). Resolution No. 12 -06 Page 1 of 2 PASSED, APPROVED AND ADOPTED on the 19'" day of June , 2012. ATTEST: PAMELA STOKER, City Clerk on behalf of the Successor Agency CITY OF TUSTIN SERVING AS SUCCESSO CY JOHN LSEN, Mayor ,. behalf of the Successor Agency STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk of the City of Tustin, acting as the Successor Agency for the Tustin Community Redevelopment Agency, hereby certify that the foregoing resolution was duly adopted by the City of Tustin, acting as the Successor Agency to the Tustin Community Redevelopment Agency at its regular meeting held on the 19u' day of June 2012, and that it was so adopted by the following vote: AGENCYMEMBER AYES: Nielsen, Murray, Amante, Gomez AGENCYMEMBER NOES: None AGENCYMEMBER ABSTAINED: None AGENCYMEMBER ABSENT: Gavello PA LA STOKER, City Clerk on behalf of the Successor Agency (4) (0) (0) (1) Resolution No. 12 -06 Page 2 of 2 Exhibit A Title 2, Division 6, California Code of Regulations § 18730. Provisions of Conflict-of-Interest Codes. (a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories In the Appendix referred to below constitute the adoption and promulgation of a conflict-of-interest code within the meaning of Section 87300 or the amendment of a conflict -of- interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of 8 conflict- of-interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable Items In a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict -of- interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest. (b) The terms of a conflict -of- interest code amended or adopted and promulgated pursuant to this regulation are as follows: (1) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq.), and any amendments to the Act or regulations, are Incorporated by reference into this conflict -of- Interest code. (2) Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate In the making of decisions which may foreseeably have a material effect on economic Interests. (3) Section 3. Disclosure Categories. This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical Jurisdiction of this agency rs the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq. In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict-of- interest code for another agency, if all of the following apply: (A) The geographical jurisdiction of this agency is the same es or Is wholly included within the jurisdiction of the other agency; (B) The disclosure assigned in the code of the other agency is the same as that required under article 2, of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies) Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic Interests are reportable. Such a designated employee shall disclose In his or her statement of economic interests those economic interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned In the Appendix. It has been determined that the economic interests set forth In a designated employee's disclosure categories are the kinds of economic Interests which he or she foreseeably can affect materially through the conduct of his or her office. (4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body In the agency's confllct -of- interest code 2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promutgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already In a position when it Is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (8) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (0) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office. (5.5) Section 5.5. Statements for Persons Who Resign Pnor to Assuming Office. Any person who resigns within 12 months of Initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, Is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to Influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: (1) File a written resignation with the appointing power, and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she 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. (6) Section 6. Contents of and Period Covered by Statements of Economic interests. (A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests In real property and business positions held on the effective date of the code and Income received during the 12 months prior to the effective date of the code. (8) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and Income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.8, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, interests in real property, Income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. (7) Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following infometion: (A) Investment and Real Property Disclosure. When an investment or an interest In real property' is required to be reported, the statement shall contain the following: 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 equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported,' the statement shall contain: 1. The name and address of each source of income aggregating $500 or more in value, or $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 aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000; 3. A description of the consideration, if any, for which the income was received; 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 of the gift; 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 and the term of the loan. (C) Business Entity Income Disclosure. When income of a business entity, including Income of 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 filer's pro rata share of gross receipts from such person was equal to or greater than 510,000. (D) Business Position Disclosure. When business positions are required to be reported, a 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 activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an 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. (8) Section 8. Prohibition on Receipt of Honoraria. (A) No member of a state board or commission, and no desgnated employee of a state or local govemment agency, shalt accept any honorarium from any source, If the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member Is also an elected official. Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section. This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89508. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $420. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $420 In a calendar year from any single source, if the member or employee would be required to report the receipt of Income or gifts from that source on his or her statement of economic Interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member Is also an elected official. Subdivisions (e). (t), and (g) of Section 89503 shall apply to the prohibitions In this section. (8.2) Section 8.2. Loans to Public Officials. (A) No elected officer of a state or local govemment agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control. (B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local govemment agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as pan of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control, This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail Installment or credit card transaction, if the Loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. Th is subdivision shall not apply to bans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following: 1. Loans made to the campaign committee of an elected officer or candidate for elective office. 2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent -in- law, brother -in -law, sister -In -law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans from a person which, in the aggregate, do not exceed five hundred dollars ($500) at any given time. 4. Loans made, or offered in wnting, before January 1, 1998. (8.3) Section 8.3. Loan Terms. (A) Except as set forth In subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of 3500 or more, except when the loan is in writing and clearly states the terms of the loan, Including the parties to the toan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of roans: 1. Loans made to the campaign committee of the elected officer. 2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent - in-law, brother -in -law, sister -in -law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or Intermediary for any person not otherwise exempted under this section 3. Loans made, or offered In writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code. (8.4) Section 8.4. Personal Loans. (A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances: 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired. 2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following: a. The date the loan was made. b. The date the last payment of 5100 or more was made on the loan. c The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months. (8) This section shall not apply to the following types of loans: 1. A loan made to the campaign committee of an elected officer or a candidate for elective office. 2. A loan that would otherwise not be a gift as defined in this title. 3. A loan that would otherwise be a gift as set forth under subdivision (A), but an which the creditor has taken reasonable action to collect the balance due. 4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of This paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations. 5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. (C) Nothing in this section shall exempt any person from any other provisions of title 9 of the Government Code. (9) Section 9. Disqualification. No designated employee shall make, partldpate in making, or in any way attempt to use his or her official position to influence the making of any govemmental derision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official 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 52,000 or more; (B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more; (C) My 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 offidal status, aggregating 5500 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; (0) 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 gifi or gifts aggregating $420 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made. (9.3) Section 9.3. Legally Required Participation. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for tha decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees. In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken: (A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any inveslment or Interest in real property; or (8) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest. When a designated employee determines that he or she should not make a governmental decislon because he or she has a disqualifying interest In It, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel. My designated employee who Is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion (12) Section 12. Violations. This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000- 91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003. 'Designated employees who are required to file statements of economic interests under any other agency's conflict -of - Interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as If it were an original. See Section 81004. 2See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. 'Investments and interests in real property which have a Lair market value of less than $2,000 are not investments and interests in real property within the meaning) of the Political Reform Act. However, Investments or interests in real property of an Individual include those held '.oy the individual's spouse and dependent children as well as a pro rata sharp of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. °A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal govemment agency. °Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse In the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer. Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Govemment Code. Exhibit B - DesignOed Positions The following is a list of Successor Agency positions required to submit Statements of Economic Interests (Form 700) pursuant to the Political Reform Act. Disclosure Categories Chairperson of the Board 1 Vice Chairperson of the Board 1 Board Member(s) 1 Exhibit C — Disclosure Categories CATEGORY 1. Full Disclosure — All interest in real property as well as investments, business position and sources of income, including gifts, loans and travel payments. 2. Full Disclosure (exciudng interest in real property) — Investments and business positions and sources of income, including gills, loans and travel payments. 3. Interest in Real Property — Interests in real property located in the City, including property located within a two -mile radius of any property owned or used by the City. 4. General Contracting — investments, business positions and income, including gifts, loans and travel payments from sources that provide leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the City. ATTACHMENT "B" Oversight Board Resolution No. 12 -11 ATTACHMENT "B" 884018.1 OVERSIGHT BOARD RESOLUTION NO. 12 -11 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY ADOPTING A CONFLICT OF INTEREST CODE WHEREAS, pursuant to the California Political Reform Act, Government Code Section 81000, et seq., every governmental agency must adopt a conflict of interest code; WHEREAS, the Fair Political Practices Commission has adopted a regulation, Title 2 California Code of Regulations Section 18730, which includes mandatory conflict of interest code terms and provisions; and WHEREAS, a conflict of interest code must identify designated positions required to file financial disclosure statements using Forms 700, and applicable disclosure categories. NOW, THEREFORE, BE IT RESOLVED BY A RESOLUTION OF THE OVERSIGHT BOARD OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY: SECTION 1. The Political Reform Act, Government Code Section 81000, et seq., requires the Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency to adopt and promulgate a conflict of interest code. SECTION 2. By this reference, Title 2 California Code of Regulations Section 18730 the FPPC Standard Conflict of Interest Code, attached hereto as Exhibit "A ", is incorporated herein together with each and every amendment thereto duly adopted by the FPPC. SECTION 3. A list of Designated Positions of the Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency subject to this conflict of interest code is attached hereto as Exhibit "B ". SECTION 4. A list of Disclosure Categories applicable to the Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency and subject to this conflict of interest code is attached hereto as Exhibit "C ". SECTION 5. Persons holding Designated Positions shall file statements of economic interests with the City of Tustin Clerk, acting on behalf of the Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency, who will make the statements available for public inspection and reproduction. (Government Code Section 81008). Statements for all Designated Positions will be retained by the City of Tustin. Oversight Board Resolution 12 -11 Page 1 of 2 ATT APPROVED AND ADOPTED this 9'" day of October, 2012. Jer Ov- rsigh th- Tust;i e, - -cretary oard of the Successor Agency to Community Redevelopment Agency G Doug Dp ert, Chairman Oversi t Board of the Successor Agency to the Tustin •ommunity Redevelopment Agency STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF TUSTIN I, JERRY AMANTE, Secretary of the Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency, do hereby certify that the whole number of the members of the Agency Board is seven; that the above and foregoing Resolution No. 12 -11 was duly passed and adopted at a regular meeting of the Oversight Board, held on the 9th day of October, 2012, by the following vote: BOARD MEMBER AYES: Davert, Amante, Nielsen, Puckett (4) BOARD MEMBER NOES: None (0) BOARD MEMBER ABSTAINED: None (0) BOARD MEMBER 5BSENT: Fitzsimons, Soria, West (3) I J Ama 0 -rsigh� e Tus e, ecretary oard of the Successor Agency to Community Redevelopment Agency Attachments: Exhibit A - Title 2, Division 6, California Code of Regulations Exhibit B - Designated Positions Exhibit C - Disclosure Categories Oversight Board Resolution 12 -11 Page 2 of 2 Exhibit A Title 2, Division 6, California Code of Regulations § 18730. Provisions of Conflict -of- Interest Codes. (a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict -of- interest code within the meaning of Section 87300 or the amendment of a conflict -of- interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict -of- interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict -of- Interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of Interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest. (b) The terms of a conflict -of- interest code amended or adopted and promulgated pursuant to this regulation are as follows: (1) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict -of- interest code. (2) Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories. This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq. In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict -of- interest code for another agency, if all of the following apply: (A) The geographical jurisdiction of this agency is the same as or Is wholly included within the jurisdiction of the other agency; (B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and EXHIBIT A Page 1 of 9 882234.1 (C) The filing officer is the same for both agencies.' Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in his or her statement of economic Interests those economic interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's disclosure categories are the kinds of economic interests which he or she foreseeably can affect materially through the conduct of his or her office. (4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict - of-interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office. (5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to Influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: (1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she 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. EXHIBIT A Page 2 of 9 882234,1 (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. (B) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, If subject to State Senate conflrmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, Income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the dosing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, Interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. (7) Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investment and Real Property Disclosure. When an investment or an interest In real property' is required to be reported,4 the statement shall contain the following: 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 equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (5) Personal Income Disclosure. When personal income is required to be reported,5 the statement shall contain: EXHIBIT A Page 3 of 9 882234.1 1. The name and address of each source of income aggregating $500 or more in value, or $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 aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000; 3. A description of the consideration, if any, for which the income was received; 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 of the gift; 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 and the term of the loan. (C) Business Entity Income Disclosure. When income of a business entity, including Income of a sole proprietorship, is required to be reported,6 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 filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a 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 activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an 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. (8) Section 8. Prohibition on Receipt of Honoraria. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of Income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section. This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $420. EXHIBIT A Page 4 of 9 882234.1 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $420 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section. (8.2) Section 8.2. Loans to Public Officials. (A) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control. (B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan Is made or the Indebtedness created In the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following: 1. Loans made to the campaign committee of an elected officer or candidate for elective office. 2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent -in -law, brother -in -law, sister -in -law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans from a person which, in the aggregate, do not exceed five hundred dollars ($500) at any given time. EXHIBIT A Page 5 of 9 882234.1 4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms. (A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans: 1. Loans made to the campaign committee of the elected officer. 2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent -in -law, brother -in -law, sister -in -law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code. (8.4) Section 8.4. Personal Loans. (A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section In the following circumstances: 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired. 2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following: a. The date the loan was made. b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months. (B) This section shall not apply to the following types of loans: 1. A loan made to the campaign committee of an elected officer or a candidate for elective office. 2. A loan that would otherwise not be a gift as defined in this title. EXHIBIT A Page 6 of 9 8 82234, 1 3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due. 4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations. 5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. (C) Nothing In this section shall exempt any person from any other provisions of Title 9 of the Government Code. (9) Section 9. Disqualification. No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official 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 $2,000 or more; (B) Any real property in which the designated employee has a direct or indirect Interest worth $2,000 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, aggregating $500 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 $420 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made. (9.3) Section 9.3. Legally Required Participation. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees. In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official EXHIBIT A Page 7 of 9 882234.1 knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken: (A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to Issue any formal or informal opinion. (12) Section 12. Violations. This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000- 91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003. 'Designated employees who are required to file statements of economic interests under any other agency's conflict -of- Interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if It were an original. See Section 81004. 2See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 'For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. °Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or Interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the Individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. EXHIBIT A Page 8 of 9 882234 1 5A designated employee's income includes hls or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6lncome of a business entity Is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater Interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer. Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300 - 87302, 89501, 89502 and 89503, Government Code. EXHIBIT A Page 9 of 9 882234.1 Exhibit B — Designated Positions The following is a list of Oversight Board positions required to submit Statements of Economic Interests (Form 700) pursuant to the Political Reform Act. Disclosure Categories Chairperson of the Board I Vice Chairperson of the Board Board Member(s) 1 882234.1 Exhibit C — Disclosure Categories CATEGORY I. Full Disclosure — All interest in real property as well as investments, business position and sources of income, including gifts, loans and travel payments. o. Full Disclosure (excluding interest in real property) — Investments and business positions and sources of income, including gifts, loans and travel payments. 3. Interest in Real Property — Interests in real property located in the City, including property located within a two -mile radius of any property owned or used by the City. 4. General Contracting — Investments, business positions and income, including gifts, loans and travel payments from sources that provide leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the City. 882234 ATTACHMENT "C" RESOLUTION NO. 12 -92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AS THE CODE REVIEWING BODY PURSUANT TO THE CALIFORNIA POLITICAL REFORM ACT, APPROVING THE CONFLICT OF INTEREST CODE FOR THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND THE CONFLICT OF INTEREST CODE FOR THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY THE CITY COUNCIL OF THE CITY OF TUSTIN FINDS THAT: WHEREAS, pursuant to the California Political Reform Act, Government Code Section 81000, et seq., every governmental agency must adopt a conflict of interest code; WHEREAS, on June 19, 2012, the City Council, acting as the Successor Agency to the Tustin Community Redevelopment Agency adopted a Conflict of Interest Code for the Successor Agency via Resolution No. 12 -06; WHEREAS, on October 9, 2012, the Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency adopted a Conflict of Interest Code for the Oversight Board via Resolution No. 12 -11; WHEREAS, pursuant to the California Political Reform Act, each conflict of interest code must be approved by the code reviewing body; and WHEREAS, the City Council of the City of Tustin is the code reviewing body for the Successor Agency to the Tustin Community Redevelopment Agency and the Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TUSTIN THAT: A. The Conflict of Interest Code for the Successor Agency to the Tustin Community Redevelopment Agency, as enacted by the Successor Agency via Resolution 12 -06, is approved. 884018.1 B. The Conflict of Interest Code for the Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency, as enacted by the Oversight Board via Resolution 12 -11, is approved. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on the day of 2012. JOHN NIELSEN, MAYOR PAMELA STOKER, CITY CLERK APPROVED AS TO FORM: DAVID KENDIG, CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) 884018 1 CERTIFICATION FOR RESOLUTION NO. 12 -92 PAMELA STOKER, City Clerk and ex- officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 12 -92 was duly passed and adopted at a regular meeting of the City Council held on the 16th day of October 2012, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, City Clerk 884018.1