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Resolution No. 2010-139RESOLUTION NO. 2010-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING A CONFLICT OF INTEREST CODE FOR THE VERNON NATURAL GAS FINANCING AUTHORITY WHEREAS, by Resolution No. VNGFA-0022, adopted October 4, 2010, the Vernon Natural Gas Financing Authority ("VNGFA") approved and adopted a 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 VNGFA and provided for in Resolution No. VNGFA-0022 is hereby approved. 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. Name: Hilario Gonza l : s Title: Mayor / Lr� -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. 2010-139, 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 cam. day of October, 2010, at Vernon, California. (SEAL) =3- Staff Report City Clerk DA: September 30, 2010 TO: Honorable Mayor and City Council FR: Willard G. Yamaguchi, City Clerk Vd"16 RE: Conflict of Interest RECEIVED 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. RESOLUTION NO. VNGFA-0022 A RESOLUTION OF THE VERNON NATURAL GAS FINANCING AUTHORITY ADOPTING A CONFLICT OF INTEREST CODE FOR THE AUTHORITY THAT INCORPORATES BY REFERENCE THE STANDARD MODEL CONFLICT OF INTEREST CODE OF THE FAIR POLITICAL PRACTICES COMMISSION 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 for each department of the City; 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 as the City,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 Board of Directors of the Vernon Natural Gas Financing Authority ("Authority") desires to adopt by reference the terms of 2 Cal. Code of Regulations Section 18730 and hereby designate certain positions and identify the relevant disclosure categories for those designated positions. NOW, THEREFORE, BENT RESOLVED BY THE BOARD OF DIRECTORS OF THE VERNON NATURAL GAS FINANCING AUTHORITY AS FOLLOWS: SECTION 1: The Board of Directors of they Authority hereby finds and determines that the recitals contained hereinabove'are-true and correct. SECTION 2: The Board of Directors of the Authority 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, along with Appendix No. 1, designating positions and establishing disclosure requirements, which is attached hereto and incorporated by reference, shall constitute the Conflict of Interest Code of the Authority. SECTION 3: The Secretary of the Authority 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 Authority hereby delegates the authority to carry out the duties of filing officer to the City Clerk. Individuals holding designated positions shall file their statements with the City Clerk, who will retain the statements. and make the statements available for public inspection and reproduction pursuant to Government Code Section 8100.8. SECTION 5: The Board of Directors of the Authority hereby repeals all resolutions or parts of resolutions in conflict herewith. I / 2 SECTION 6: The Secretary of the. Authority shall certify to the passage, approval and adoption of this resolution, and the Secretary of the Authority shall cause this resolution and the Secretary's certification to be entered in the File of Resolutions of the Board of the Authority. APPROVED AND ADOPTED this 4th day of October, 2010. Name: Hilario Gonzales Title: Chairman / ATTEST: WILLIAM DAVIS, Se retary _3_ STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, William Davis, Secretary of the Authority, do hereby certify that the foregoing.Resolution, being Resolution No. VNGFA-0022, was duly passed, approved and adopted by the Board of Directors of the Vernon Natural Gas Financing Authority at a special meeting of the Board of Directors duly held on Monday, October 4, 2010, and thereafter was duly signed by the Chairman or Vice Chairman of the Authority. l� Executed this day of October, 2010, at Vernon, California. (SEAL) William Davis, 66retary 4 APPENDIX NO. 1 The positions listed below are designated positions for the Vernon Natural Gas Financing Authority DESIGNATED POSITIONS DISCLOSURE CATEGORIES DIRECTOR 1,2,3 CHAIRMAN 1,2,3 VICE CHAIRMAN 1,2,3 EXECUTIVE DIRECTOR 1,2,3 LEGAL COUNSEL 1,2,3 TREASURER/AUDITOR 1,2,3 CONSULTANTS * Consultants who fill a "designated position" 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 Executive Director shall determine in writing if a particular consultant performs a range of duties requiring disclosure under this Code. The Executive Director'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 Authority. 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 7, 2010 TO: Rory Burnett, Treasurer Kristen Enomoto, Council Department Manager/Deputy City Clerk Laurence Wiener, Legal Counsel FROM: Willard Yamaguchi, City Clerk RE: Resolution No. VNGFA-0022 — A Resolution of the Vernon Natural Gas Financing Authority Adopting a Conflict of Interest Code for the Authority that Incorporates by Reference the Standard Model Conflict of Interest Code of the Fair Political Practices Commission and Submitting. Said Code to the City Council of the City of Vernon for Approval Transmitted herewith is a copy of Resolution No. VNGFA-0022 referenced above, which was approved by the Vernon Natural Gas Financing Authority on October 4, 201.0. Thank you, WY:dj Attachment c: Resolution No. VNGFA-0022, 2010-139 Staff Report City Clerk DA: September 30, 2010 TO: Honorable Mayor and City Council FR: Willard G. Yamaguchi, City Clerk V-rz RE: Conflict of Interest RECEIVED SEP302010 CITY CLERK'S OFFICE f, So ` 161 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.