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Resolution No. 2010-138RESOLUTION NO. 2010-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AN AMENDED CONFLICT OF INTEREST CODE FOR THE VERNON HISTORIC PRESERVATION SOCIETY WHEREAS, by Resolution No. VHPS-0022, adopted October 4, 2010, the Vernon Historic Preservation Society ("Society") approved an amended Conflict of Interest Code (the "Code") and submitted the Code to the City Council of the City of Vernon pursuant to Sections 87300 et seq. of the California Government.Code; and WHEREAS, the City Council finds that the Code submitted meets the criteria of California Government Code Section 87302. .NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The Conflict of Interest Code submitted by the Society and provided for in Resolution No. VHPS-0022 is hereby approved. / 1 / SECTION 3: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 4th day of October, 2010. ATTES' . Name: Hilario Gonzales Title: Mayor -2- STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2010-138, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the -City Council duly held on Monday, October 4, 2010, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this S day of October, 2010, at Vernon, California. r, Wi lar G.Aguc i City Clerk ( SEAL) . -3- RESOLUTION NO. VHPS-0022 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE VERNON HISTORIC PRESERVATION SOCIETY AMENDING THE CONFLICT OF INTEREST CODE FOR THE SOCIETY AND SUBMITTING SAID CODE TO THE CITY COUNCIL OF THE CITY OF VERNON FOR APPROVAL WHEREAS, the Political Reform Act (Government Code Sections 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes; and WHEREAS, the Fair Political Practices Commission (the "FPPC") has adopted a regulation (2 Cal. Code of Regulations Section. 18730) that contains the terms of a standard conflict of interest code and may be incorporated by reference in an Society's code'; and WHEREAS, the standard conflict of interest code may be amended by the FPPC after public notice and hearing to conform to amendments in the Political Reform Act; and WHEREAS, the Vernon Historic Preservation Society ("Society") was incorporated on November 21, 2002, as a California nonprofit public benefit corporation; and WHEREAS, based on criteria developed by the FPPC for evaluating nonprofit corporations, the Society is subject to the provisions of the Political Reform Act; and WHEREAS, by Resolution No. 9736, on October 20, 2008, the City Council of the City of Vernon approved the Conflict of Interest Code ("Conflict of Interest Code") for the Vernon Historic Preservation Society ("Society"); and WHEREAS, in accordance with Government Code Sections 87306 and 87306.5, the Conflict of Interest Code has been reviewed; and WHEREAS, the Society desires to amend the Conflict of Interest Code to update the list of designated employees who are required to report financial interests under designated disclosure categories; and WHEREAS, after adoption of this resolution, the Society shall submit the amended Conflict of.Interest Code to the City Council of the City of Vernon for its approval. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE VERNON HISTORIC PRESERVATION SOCIETY OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The Board of Directors of the Society hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2 The Board of Directors of the Society hereby adopts by reference the terms of 2 Cal. -Code of Regulations Section 18730 and any amendments to it duly adopted by the FPPC. This regulation and the amended Appendix No. 1 that is attached hereto and incorporated by reference shall constitute the Conflict of Interest __Code of the Society. SECTION 3: The Secretary of the Society is hereby authorized and directed to send a copy of this resolution and -Appendix No. 1 to the City Council for its approval. SECTION 4: The Board of Directors of the Society hereby delegates the authority to carry out the duties of the filing officer to the City Clerk of the City of Vernon. Individuals holding designated positions shall file their statements with the City Clerk, who will retain the statements and make the statements available for 2 public inspection and reproduction pursuant to Government Code Section 81008. SECTION 5: The Board of Directors of the Society hereby repeals all resolutions or parts of resolutions in conflict herewith. SECTION 6: The Secretary of the Society shall certify to the passage, approval and adoption of this resolution, and the Secretary of the Society shall cause this resolution and the Secretary's certification to be entered in the File of Resolutions of the Board of the Society. APPROVED AND ADOPTED this 4th day of October, 2010. ATTES,7 Name: '/< Title: President - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, Secretary of the Vernon Historic Preservation Society, do hereby certify that the foregoing Resolution, being Resolution No. VHPS-0022, was duly passed, approved and adopted by the Board of Directors of the Vernon Historic Preservation Society at a special meeting of the Board of Directors duly held on Monday, October 4, 2010, and thereafter was duly signed by the President of the Society. Executed this, day of October, 2010, at Vernon, California. (SEAL) W'llar *GYag i, Secretary 4 APPENDIX NO. 1 The positions listed below are designated positions for the Society. DESIGNATED POSITIONS DIRECTORS CHIEF FINANCIAL OFFICER PRESIDENT CONSULTANTS DISCLOSURE CATEGORIES 1,2,3 1,2,3 1,2,3 * * Consultants who fill a "designated pos-ition" must file in the same manner as a direct employee filling the same "designated position" would be required to file. With respect to consultants that do not fill a "designated position" listed herein, the President shall determine in writing if a particular consultant performs a range of duties requiring disclosure under this Code. The President's written determination shall include a description of the consultant's duties and a statement of the disclosure required. A copy of that determination shall be filed with the filing officer and a copy forwarded to the Board of Directors. Appendix No. 1 Page 1 of 2 DISCLOSURE CATEGORIES Individuals holding designated positions must report their interests according to the following corresponding disclosure categories to which their position has been assigned. Disclosure Categories Category 1: All interests in real property within the jurisdiction. Real property shall be deemed to be within the jurisdiction if the property or any part of it is located within or not more than two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the Society. Real property used as a primary residence or for personal recreational purposes need not be disclosed. Category 2: All investments and business positions.. Category 3: All income and business positions. Appendix No. 1 Page 2 of 2 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: October 4, 2010 TO: Rory Burnett, Chief Financial Officer Kristen Enomoto, Council Department Manager/Deputy City Clerk FROM: Willard Yamaguchi, City Clerk Pt RE: Resolution No. VHPS-0022 — A Resolution of the Board of Directors of the Vernon Historic Preservation Society Amending the Conflict of Interest Code for the Society and Submitting Said Code to the City Council of the City of Vernon for Approval Transmitted herewith is a copy of Resolution No. VHPS-0022 referenced above, which was approved by the Vernon Historic Preservation Society on October 4, 2010. Thank you. WY:dj Attachment c: Resolution No. VHPS-0022, 2010-138 Staff Report City Clerk DA: September 30, 2010 TO: Honorable Mayor and City Council FR: Willard G. Yamaguchi, City Clerk RE: Conflict of Interest SEP302010 CITY CLERK'S. OFFICE f- SO - /� The Political Reform Act (Government Code Sections 81000, et seq) requires state and local government agencies to adopt and promulgate conflict of interest codes for each City Department. The Fair Political Practices Commission (the "FPPC") adopted a regulation (2 Cal. Code of Regulations Section 18730) that contains the terms of a standard conflict of interest code, which may be incorporated by reference as the City's code. After public notice and hearing, the conflict of interest code may still be amended by the FPPC. The City of Vernon Charter section 4.5 provides that regulations pertaining to any subject or model codes may be adopted by reference, in their original form or with amendments. On October,6, 2008, the City Council adopted Resolution No. 9711, adopting by reference the terms of 2 Cal. Code of Regulations Section 18730, in accordance with Government Code Sections 87306 and 87306.5. Recommendation It is hereby recommended that the council amend its Conflict of Interest Code and the Conflict of Interest Code to reflect designated employees required to report financial interests under identified disclosure categories pertaining to the following agencies: Vernon Natural Gas Financing Authority, Vernon Historic Preservation Society, Vernon Industrial Development Authority, Vernon Economic Development Authority, and the Vernon Redevelopment Agency.