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RES-OB-0002 Adopting Conflict of Interest CodeRESOLUTION NO. OB -0002 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY APPROVING AND ADOPTING A CONFLICT OF INTEREST CODE FOR THE OVERSIGHT BOARD. WHEREAS, Assembly Bill xl 26 ( "AB 26 ") and AB xl 27 were passed by the State Legislature on June 15, 2011 and signed by the Governor on June 28, 2011; and WHEREAS, among other things, AB 26 amends Sections 33500, 33501, 33607.5 and 33607.7 of the California Health and Safety Code and adds Part 1.8 and Part 1.85 of Division 24 to the California Health and Safety Code; and WHEREAS, by enactment of Part 1.85 of Division 24 of the California Health and Safety Code, subject to all reservations herein stated, the Orange Redevelopment Agency the "Agency ") was dissolved as of February 1, 2012; and WHEREAS, California Health and Safety Code Section 34173(a) designates successor agencies as successor entities to former redevelopment agencies; and WHEREAS, on January 24, 2012, by Resolution No. 10626, the City of Orange declared itself as the successor agency upon the dissolution of the Agency, subject to all reservations stated in such resolution; and WHEREAS, the Oversight Board of the Successor Agency to the Orange Redevelopment Agency (the "Oversight Board ") has been established to direct the Successor Agency to take certain actions to wind down the affairs of the redevelopment agency in accordance with the California Health and Safety Code; and WHEREAS, the Oversight Board is deemed a local entity for the purposes of the Political Reform Act; and WHEREAS, pursuant to the Political Reform Act and regulations promulgated thereunder by the Fair Political Practices Commission ( "FPPC "), a newly established local entity is required to adopt a conflict of interest code; and WHEREAS, the Oversight Board finds and determines it is appropriate to adopt as its conflict of interest code the model conflict of interest code promulgated by the FPPC as set forth in this Resolution. NOW, THEREFORE, the Oversight Board of the Successor Agency to the Orange Redevelopment Agency does hereby resolve as follows: Section 1. Pursuant to the Political Reform Act of 1974, Government Code Section 87300 et seq., and Section 18730 of Title 2 of the California Code of Regulations, the Oversight Board adopts the model conflict of interest code promulgated by the FPPC, as set forth in Section 18730 of Title 2 of the California Code of Regulations, which model conflict of interest code is incorporated herein by reference, and which, together with the list of designated positions and the disclosure categories applicable to each designated position as set forth herein, collectively constitutes the Oversight Board's conflict of interest code. As the model conflict of interest code set forth in Section 18730 of Title 2 of the California Code of Regulations is amended from time to time by State law, regulatory action of the FPPC, or judicial determination, the portion of the Oversight Board's conflict of interest code comprising the model conflict of interest code shall be deemed automatically amended without further action to incorporate by reference all such amendments to the model conflict of interest code so as to remain in compliance therewith. Nothing in this Resolution shall supersede the independent applicability of Government Code Section 87200. Section 2. The definitions contained in the Political Reform Act of 1974 and in the regulations of the FPPC, and any amendments to either of the foregoing, are incorporated by reference into this conflict of interest code. Section 3. The following are the designated Oversight Board positions, the holders of which shall be required to file statements of economic interests: Oversight Board members. Section 4. The code reviewing body for this conflict of interest code shall be the Board of Supervisors of the County of Orange. This conflict of interest code shall be promptly submitted after its adoption by the Secretary to the Clerk of the Board of Supervisors. Oversight Board members shall file statements of economic interest with the Clerk of the Board of Supervisors for the County of Orange. Section 5. The Oversight Board finds and determines that the persons holding the positions set forth in Section 3 make or participate in the making of decisions which may foreseeably have a material effect on financial interests. Section 6. Each person holding a designated position set forth in Section 3 shall report in every disclosure category set forth in the statement of economic interests promulgated by the FPPC to the extent such category is applicable to such person pursuant to the rules and regulations of the FPPC. The disclosure categories as promulgated by the FPPC may be amended from time to time and such amendments shall not require an amendment to this code or Resolution. Section 7. Sections 3 and 6 of this Resolution constitute the Appendix referred to in subdivision (b)(2) of Section 18730 of Title 2 of the California Code of Regulations. 2 Section 8. Nothing contained in this Resolution is intended to modify or abridge the provisions of the Political Reform Act of 1974, Government Code Section 87000 et seq., or FPPC the regulations, Title 2 California Code of Regulations including Sections 18700 et seq. The provisions of this Resolution are additional to the Political Reform Act and FPPC Regulations. This Resolution shall be interpreted in a manner consistent with the Political Reform Act and FPPC regulations. In the event of any inconsistency between the provisions of this Resolution, on the one hand, and the Political Reform Act and /or the FPPC regulations, on the other hand, the provisions of the Political Reform Act and FPPC regulations shall govern. Section 9. If any section, subsection, sentence, clause, or phrase of this Resolution is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Resolution. The Oversight Board hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that anyone or more section, subsection, sentence, clause, or phrase be declared invalid. Section 10. The Clerk of the Oversight Board shall certify to the adoption of this Resolution. Section 11. This Resolution shall take effect immediately upon its adoption. ADOPTED this I Ith day of April, 2012. C olyn V C ve the irper n f the Oversight Board to the Successor Agency f th Orange Redevelopment Agency ATTEST: Clerk of the OversiJht Board 3 I hereby certify that the foregoing Resolution was duly and regularly adopted by the Oversight Board of the Successor Agency to the Orange Redevelopment Agency at a regular meeting thereof held on the l ltn day of April, 2012, by the following vote: Ayes: Boardmembers: Remland, Christensen, Davert, Buttress, Cavecche, Schulze, Yarbrough Noes: Boardmembers: None Absent: Boardmembers: None Abstain: Boardmembers: None Clerk of the Oversight Board 4