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101 <br />Attendance Reports of the Plannin9 Commission~ Park and Recreation Commission, <br />and Human Services Commission for the Past Six Months <br /> Mr. Walker presented the attendance reports for the Planning Commission, <br />Park and Recreation Commission, and Human Services Commission for the past six <br />months. No action was required or taken by Council on the item. <br /> <br />Community Development Agency - Letter Concerning Interest Disclosure <br />Requirements <br /> Mr. MacDonald read into the record a letter relating to Community Develop- <br />ment Agency Conflict of Interest disclosures, as follows: <br /> <br /> "The purpose of this letter is to inform all concerned of the requirements <br /> of Section 33130 of the Health and Safety Code which (1) prohibits the <br /> acquisition of a financial interest in a redevelopmerit project area; and <br /> {2) requires the disclosure of any existing financial interest within the <br /> project area. This Section is separate from and imposes different re- <br /> quirements from those of the Political Reform Act of 1974. <br /> <br /> The requirements of the Section apply to any Agency or City officer or <br /> employee who, in the course of his or her duties, is required to help for- <br /> mulate or to approve plans or policies for the redevelopment of a project <br /> area. Thus, it includes not only the Community Development Agency members <br /> and members of the City Council, but also the City Manager, Planning Com- <br /> missioners and City and Agency staff. <br /> <br /> The Section has three specific provisions. First, it requires that any <br /> such officer or employee who owns or has any direct or indirect financial <br /> interest in any property included within a project area immediately make a <br /> written disclosure of that interest to the Agency and the City Council, <br /> and that the disclosure be entered on the Agency's and City Council's mi- <br /> nutes. Failure to make such disclosure constitutes misconduct in office. <br /> Preferably, this disclosure should be done when a survey area is desig- <br /> nated and should be done in all cases immediately after the Planning Com- <br /> mission has selected a project area. <br /> <br /> Second, except as described in the following paragraphs, Section 33130 <br /> strictly prohibits any officer or employee from acquiring any interest in <br /> any property included within a project area. The Section provides an ex- <br /> ception for an officer or employee who is acquiring an interest as an <br /> owner or is reentering a business and who has owned a substantially equal <br /> interest as that being acquired for the three years immediately preceding <br /> the selection of the project area. <br /> <br /> Third, Section 33130 provides that a rental agreement or lease of property <br /> which meets all of the conditions described below is not an interest in <br /> property for purposes of the prohibition. The four co"6'~itions are: <br /> <br /> 1. The rental or lease agreement contains terms which are substantially <br /> equivalent to the terms of a lease available to the public for com- <br /> parable property in the project area. <br /> <br /> 2.The rental or lease agreement prohibits subleasing the property for <br /> a rate higher than the one set in the original agreement. <br /> <br /> 3. The property being rented is used in the pursuit of the principal <br /> business, occupation or profession of the officer or employee. <br /> <br /> - 3 1-5-88 <br /> <br /> <br />