Irvine Municipal Code Div. 14 Policies Relating to Fiscal Transparency and Reforms for

This Ordinance shall be known and referred to as the Great Park Fiscal Transparency and Reforms Act.

(Ord. No. 14-04, § 1, 11-4-14; Ord. No. 21-11, § 2(Exh. A), 11-9-21)

This division is adopted to establish certain policies relating to the Great Park project with regard to the governing structures and responsibilities of the City of Irvine and the Great Park Corporation; review and approval of contracts and expenditures relating to the development, operations, and maintenance of the Great Park; conduct of annual audits of expenditures on the Great Park; assurance of transparency through the implementation of whistleblower protections; and the composition of the Great Park Board of Directors.

(Ord. No. 14-04, § 2, 11-4-14; Ord. No. 21-11, § 2(Exh. A), 11-9-21)

It is found and declared that:

A. The City of Irvine ("City") owns and is responsible for the development of the Great Park.

B. The City authorized the formation of the Great Park Corporation as a "supporting organization" (pursuant to Section 509(a)(3) of the United States Internal Revenue Code) to assist the City in the exercise of its powers to plan, develop, operate and maintain the Great Park.

C. The City has received, and will continue to receive over time, funds from a variety of services, including without limitation development agreement fees, adjacent landowner public benefit funds, financing district funds, Quimby Act funds, and funds related to redevelopment and redevelopment dissolution. These categories of funds, among others, may be used toward the planning, development, operation, and maintenance of the Great Park.

D. The Great Park Corporation Board of Directors currently consists of the five members of the Irvine City Council.

E. Employees serving the Great Park Corporation are employees of the City of Irvine, working within the City's organizational structure and functioning under the general direction and supervision of the City Manager.

F. It is important to ensure accountability, resource management and efficiency in the planning, design, construction, operation and maintenance of the Great Park.

(Ord. No. 14-04 , § 3, 11-4-14; Ord. No. 21-11, § 2(Exh. A), 11-9-21)

A. The City of Irvine shall consider all contracts and property instruments relating to the Great Park and shall appropriate the allocation of funds. The City shall review and have final authority over all financial matters, including contracts for professional services, design, construction, operation and maintenance of the Great Park.

B. For so long as the Great Park Corporation continues to exist, prior to making any funding appropriation and/or approving any contract for an expenditure on or for the benefit of the Great Park, the City shall receive a recommendation with regard to such appropriation or expenditure from the Great Park Corporation Board of Directors.

C. For so long as the Great Park Corporation continues to exist, prior to approving any change that would increase spending on or for the benefit of the Great Park, the City shall receive a recommendation with regard to such increase from the Great Park Corporation Board of Directors.

D. As a prerequisite to the receipt of any funding for the planning, development, operation, and maintenance of the Great Park, the members of the Great Park Board of Directors, for so long as the Great Park Corporation continues to exist, must be solely and exclusively members of the Irvine City Council.

(Ord. No. 14-04, § 4, 11-4-14; Ord. No. 21-11, § 2(Exh. A), 11-9-21)

A. On an annual basis, the City shall, by way of contract with an accredited outside professional auditing firm, conduct an audit of all Great Park funds. A final audit report shall be prepared, made publicly available, and posted on the City of Irvine website.

B. To the extent not otherwise prohibited by State or Federal law, City and/or Great Park officials and employees shall not use or threaten to use any official authority or influence to discourage, restrain or interfere with or to effect a reprisal against any person, including but not limited to a City and/or Great Park official, employee, or vendor, for the purpose or with the intent of preventing such person from acting in good faith to report or otherwise bring to the attention of the City or other appropriate agency, office or department, any information that, if true, would constitute a gross waste, fraud, or abuse of Great Park funds or resources, a gross abuse of authority, a specified and substantial danger to public health or safety due to any act or omission of any City and/or Great Park official, employee, or vendor, or the use of a City and/or Great Park office or position or of City and/or Great Park resources for personal gain.

(Ord. No. 14-04 , § 5, 11-4-14; Ord. No. 21-11, § 2(Exh. A), 11-9-21)