PREPARED BY: LYNN TRACY NERLAND DATE OF MEETING: 09/07/21
SUBJECT:
TITLE
DISCLOSURE TO THE CITY COUNCIL AND TO THE CITY AS SUCCESSOR AGENCY TO THE SAN PABLO REDEVELOPMENT AGENCY OF COUNCILMEMBER PINEDA'S PURCHASE OF PROPERTY WITHIN THE BOUNDARIES OF THE FORMER SAN PABLO REDEVELOPMENT PROJECT AREA FOR PERSONAL RESIDENTIAL USE
Label
CITY MANAGER RECOMMENDATION
Recommendation
Accept Councilmember Pineda's disclosure of his purchase of property for residential use within the boundaries of the former San Pablo Redevelopment Project area at 1648 - 15th Street, 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 do to operate and comply with State law.
CEQA Compliance Statement
This is not a project under CEQA.
BACKGROUND
In addition to the requirements of Government Code 1090 and the Political Reform Act, the California Redevelopment Law (Cal. Health & Safety Code sections 33000 et seq.) contains conflict-of-interests prohibitions, including strict prohibitions on officers or employees of redevelopment agencies acquiring property within the boundaries of the redevelopment project area. Although the Governor and Legislature dissolved redevelopment agencies in 2011 in order to divert those local funds to pay for the State's budget gaps, these prohibitions remain in the 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 a limited number of 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 impr...
Click here for full text