PREPARED BY: BRIAN P. HICKEY DATE OF MEETING: 09/03/2024
SUBJECT:
TITLE
DISCLOSURE TO THE CITY COUNCIL AND TO THE CITY AS SUCCESSOR AGENCY TO THE SAN PABLO REDEVELOPMENT AGENCY OF VICE MAYOR CRUZ’S PURCHASE OF PROPERTY WITHIN THE BOUNDARIES OF THE FORMER SAN PABLO REDEVELOPMENT PROJECT AREA FOR PERSONAL RESIDENTIAL USE
CEQA: This proposed action is not a project as defined by CEQA.
Label
CITY MANAGER RECOMMENDATION
Recommendation
Accept Vice Mayor Cruz’s disclosure of his purchase of property for residential use within the boundaries of the former San Pablo Redevelopment Project area at 185 Westgate Circle, San Pablo.
Body
Compliance statements
The proposed action is not related to a specific strategic policy initiative in the City Council’s Workplan, but falls under the required actions that the City and its officials and employees must undertake to operate and comply with state law.
BACKGROUND
In addition to the requirements of Government Code Section 1090 and the Political Reform Act, California Redevelopment Law (Cal. Health & Safety Code Sections 33000 et seq.) contains conflict-of-interests prohibitions, including prohibitions on officers or employees of redevelopment agencies acquiring property within the boundaries of a redevelopment project area. Although the California dissolved redevelopment agencies in 2011, these prohibitions remain codified in state law. Further, the Attorney General has opined that the prohibition on acquiring property within a redevelopment project area remains as to members of the governing bodies of successor agencies despite the dissolution of redevelopment agencies.
There are exceptions to this prohibition, including that an officer, employee, consultant or agent (“official”) may purchase or lease property within a redevelopment project area for personal residential use “if the agency has certified that the improvements to be constructed or the work to be done on the property to be purchased or leased have been completed, or has certified that no improvements need to be constructed or that no work needs to be done on the property.” Following certification and purchase of the property, the official is required to make a written disclosure to the Successor Agency/City Council to be entered into the minutes of the Agency/City Council meeting. The official will then be disqualified from voting on any future matters directly affecting such purchase, lease, or residency. (Cal. Health & Safety Code Section 33130.5).
Vice Mayor Cruz has informed the City that he purchased his current residence at 185 Westgate Circle in August 2024. The property is located within the boundaries of the Legacy redevelopment project area (see the attached map of the redevelopment project boundaries).
The attached excerpts from the appraisal conducted in connection with Vice Mayor Cruz’s purchase of 185 Westgate Circle include statements regarding the condition of the property. The appraisal report specifically states, in applicable part, that “[t]his home is in good condition and needs no repairs”. The appraisal confirms that no improvements or work on the property were necessary prior to the acquisition, and is intended to serve as the required certification and disclosure, with this staff report being the means of entering the disclosure into the minutes of the Successor Agency/City Council meeting.
FISCAL IMPACT
None.
ATTACHMENTS
Att A - Redevelopment Area Boundaries
Att B - Appraisal Report for 185 Westgate Circle