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REDEVELOPMENT AGENCY AGENDA ITEM NO. 9

Meeting Date: June 10, 2003

Subject/Title: Approve a Resolution certifying that improvements have been completed on certain property, located within the North Brentwood Redevelopment Project Area, to be purchased for personal residential use by an Officer of the Redevelopment Agency, in accordance with Health & Safety Code Section 33130.5

Submitted by: Gina Rozenski, Redevelopment Analyst

Approved by: John Stevenson, Executive Director

RECOMMENDATION
Approve a Resolution certifying that improvements have been completed on certain property, located within the North Brentwood Redevelopment Project Area, to be purchased for personal residential use by an Officer of the Redevelopment Agency, in accordance with Health & Safety Code Section 33130.5

PREVIOUS ACTION
None.

BACKGROUND
The Health & Safety Code, which sets forth Community Redevelopment Law, provides that:

“. . . no agency or community officer or employee who in the course of his or her duties is required to participate in the formulation of, or to approve plans or policies for, the redevelopment of a project area shall acquire any interest in any property included within a redevelopment project area . . .”

However, an exception to this conflict of interest rule exists that provides:

“. . . an officer, employee, consultant, or agent of the agency or community, for personal residential use [emphasis added], may purchase or lease property within a project area if the agency has certified that . . . no improvements need to be constructed and that no work needs to be done on the property. Any such officer or employee who purchases or leases such property shall immediately make a written disclosure to the agency and the legislative body, which disclosure shall be entered on the minutes of the agency. Any such officer or employee shall thereafter be disqualified from voting on any matters directly affecting such a purchase, lease or residency.”

Agency Vice Chair Annette Beckstrand advised staff that she has purchased a new primary residence located at 450 Sand Creek Road, located within the North Brentwood Redevelopment Project Area. Vice Chair Beckstrand submits the attached statement wherein she discloses her purchase of and financial interest in the residential property.

Records indicate the house was built in 1968. A visual inspection of the dwelling unit confirmed that no improvements need to be constructed and no work needs to be done on the property. The structure is considered a habitable unit as defined by the Uniform Building Code and confirmed by an inspection report.

Vice Chair Beckstrand is aware of her obligation to disqualify herself in the future from participating in the discussion, deliberation and vote on matters that may directly impact this residential parcel, either directly or indirectly.

FISCAL IMPACT
None.

Attachments: 1. Disclosure Statement from Vice Chair Beckstrand
2. Resolution No. RA-____

RESOLUTION NO.

A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF BRENTWOOD CERTIFYING THAT IMPROVEMENTS HAVE BEEN COMPLETED ON CERTAIN PROPERTY TO BE PURCHASED FOR PERSONAL RESIDENTIAL USE BY AN OFFICER OF THE REDEVELOPMENT AGENCY OF THE CITY OF BRENTWOOD AND MAKING FINDINGS IN CONNECTION THEREWITH

WHEREAS, the Redevelopment Plan for the North Brentwood Redevelopment Project (the "North Brentwood Project ") was adopted by the City Council of the City of Brentwood ("City Council") by Ordinance No. 496 on July 9, 1991, as amended, and is being carried out by the Redevelopment Agency of the City of Brentwood ("Redevelopment Agency"); and

WHEREAS, pursuant to Section 33130.5 of the Health and Safety Code, an officer of the Redevelopment Agency, for personal residential use, may purchase property within a project area after the Redevelopment Agency has certified the improvements to be constructed or the work to be done on the property to be purchased has been completed; and

WHEREAS, Annette Beckstrand, an officer of the Redevelopment Agency, seeks to purchase property for personal residential use located inside the North Brentwood Project Area at 450 Sand Creek Road.

NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of Brentwood as follows:

1. The Redevelopment Agency hereby finds and determines as follows with respect to the property to be purchased by Annette Beckstrand within the North Brentwood Project Area:

A. The improvements to be constructed on the property to be purchased have been completed.

B. No further improvements need to be constructed on the property.

2. Pursuant to Section 33130.5 of the Community Redevelopment Law, Annette Beckstrand shall immediately make a written disclosure to the Redevelopment Agency and the City Council upon her purchase of the property within the North Brentwood Project Area. She shall thereafter be disqualified from voting on any matters directly affecting her purchase and/or residency of such property.

PASSED, APPROVED AND ADOPTED by the Redevelopment Agency of the City of Brentwood at a regular meeting held on the 10th day of June 2003 by the following vote:

AYES:
NOES:
ABSTAIN:
ABSENT:

Brian Swisher, Chair


ATTEST:

Karen Diaz, Agency Secretary

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov