HomeMy WebLinkAboutCC RES 83-38RESOLUTION NO. 83-38
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING THE CON-
FLICT OF INTEREST CODE OF THE PLANNING
COMMISSION OF THE CITY OF TUSTIN
5 The City Council of the City of Tustin, California, does
hereby resolve as follows:
6
1. The City Council finds and determines that the Conflict
? of Interest Code of the Planning Commission of the City of Tustin
has been adopted by that Commission and that said Code is in
8 compliance ~with the requirements of law and is reasonable and
appropriate and should be approved.
9
2. The City Council hereby approves the Conflict of Interest
10 Code of the Planning Commission of the City of Tustin heretofore
submitted for that Commission, a copy of which said COde is
· 11
attached he re to.
3. Pursuant to Section 2.2 of said Code, the City Council
of the City of Tustin, as the Code-Reviewin~ Body, hereby instruct
all designated employees required .to file Statements of Economic
Interests pursuant to said Conflict of Interest Code to file said
Statements with the City Clerk of the City of Tustin.
15 PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tustin, California, held on the 6th day of June ,16 1983.
17
18
19
~0
ATTEST:
MAYOR /
~ - CI~ C.LE RK~
~5
~7
LSL:lw:D: 4/12/83
R:3
CONFLICT OF INTEREST CODE OF THE
PLANNING COMMISSION OF THE
CITY OF'TUSTIN APPLICABLE TO
DESIGNATED EMPLOYEES THEREOF
ARTICLE I
Section 1.1 Pu.r. pose.. Pursuant to the provisions of Govern-
ment Code Sections 87300 et seq., the Planning Commission of the
City of Tustin hereby adopt's the following Conflict of Interest Code.
Nothing contained herein is intended-to modify or abridge the
provisions of the Political Reform Act of 1974 (Government Code
Section 81000 .et seq.). The provisions of this Code are in
addition to Government Code Section 87100 et seq. and other
laws pertaining to conflicts of interest. Except as otherwise
indicated, the definitions of said Act are regulations adopted
pursuant thereto and incorporated herein and this Code shall
be interpreted in a manner consistent therewith.
.
Section 1.2 Severabil.ity. If any article, section,
.. .
subsection, paragraph, subparagraph, sentence, clause or phrase
of this Code is for any reason held to be invalid, unconstitutional
or unenforceable, such decision shall not af.fect the validity
of the remaining portions of this Code. The City declares that
it would have adopted this Code and each article, section,
subsection, paragraph, subparagraph, sentence, 'clause and phrase
thereof irrespective of the fact any one or'more of such portions
of this Code be declared invalid, unconstitutional and
unenforceable.
Section 1.3. Effective Date. This Code shall take. effect
upon i t~ approval by the appropriate Code Reviewing Body. The
previous Conflict of Interest Code, adoptod by Resolution No.
77-34, shall be repealed concurrently with the effective date
of th is' Code.
Section 1.4 Definitions. As used in this Code, unless.
the context ot'herwi~e cl'~arl~y implies, the following words and
terms shall have the meanings set forth herein:
.
·
(a) Business Entity:. "Business entity" means any
organization or enterprise operated for profit, including but
not limited to a proprietorship, partnership, firm, business.
trust, joint venture, syndicate, corporation or association.
·
(b) Commission: The Planning Commission of the City of
Tustin.
(c) Consultant: "Consultant" means a position 'establ'ished
by contract with the Commission pursuant to which contract infor-
mation, advice, recommendation or counsel is provided to the Com-.
mission; provided, however, that "consultant" shall not include
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a positio~ in which the person providing
advice, recommendation or counsel:
such
information,
(1) conducts research and arrives at conclusions
with respect to his or her rendition of information, advice,
recommendation or counsel independent of the control and
direction of the City or of any City official, other than normal
contract monitoring; and
(2) possesses no authority wi th respect to any
City decision beyond the rendition of information~ advice,
recommendation or counsel.
(d) City:
"City" means the City of Tustin.
(e)
the City of
City C1..e..rk:
Tustin.
"City Clerk" means the City Clerk of
(f) C0..unty:
"County" means the County of Orange.
(g) Designated Employee: "Designated employee" means a
person hold{ng a designated position or representing a business
entity which holds a designated position.
(h) Designated Position: "Designated position" means a
position wi~h''' th6' 'C6n{miss'ion specified in Appendix "A" attached
hereto. Designated positions may involve the making o.r pa. rt-ici-
pation in the making of decisions which ma~ foreseeably have a
ma-terial effect .on a financial ~nterest of the designated ·
employee holding such position.
(i) Disclosure Statements: "Disclosure statements" mean
·
,,
statements disclos'ing re'p0r~a61e interests required by Section
2.1 to be filed by designated employees.
(j) Re?or. table Interests:. "Reportable interests" means
investments, Interests in 'real property and-income required to
be disclosed by designated employees. "Reportable interests" as
to .any particular designated employee means those categories of
such interests assigned, by Appendix "A" attached hereto, to the
designated position held by such employee.
(k) Family: "Family" means the spouse and 'dependent
children of the designated employee. '
(1) Except as otherwise indicated, the definitions
contained in the Political Reform Act of 1974 (Government Code
Section 81000, et seq.) and regulations adopted pursuant thereto
are incorporated into this Conflict of Interest Code.
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ARTICLE II
DISCLOSURE
Sect ion 2.1
(a) Disclosure Statements~. Each designated emplcyee
shall file an i'n~tial statement and annual statements disclosing
those reportable interests in the category or categories of
reportable interests, more particularly described in Section
2.5, which are assigned by ApDendix "A" hereof to the designated
position held by such employee. Such. statements shall be filed
at the place specified in Section 2~2 and at the times specified
in Section 2.3 through Section 2.5, shall contain the information
specified in Section 2.6 through Section 2.9, and shall be in
the form specified in Section 2.10.
(b) Any designated employee who holds more than one (1)
designated position shall file only one (1) disclosure statement,
indicating on that disclosure statement all of the designated
positions held by such employee.
(c) Designated employees who are required to file State-
ments of Economic Interests under any other Conflict of Interest
Code, or under Article 2 of Chapter 7 of the Political Reform
Act for a different, jurisdiction, may expand their Statement of
Economic Interests to cover reportable interests in both juris-
dictions, and may .file copies of this expanded statement-with both
entities or a copy of the exp.anded statement with the Cc?.3~ission
in lieu of filing separate and di'st~nct statements, provided that
each cody of such expanded statement filed in pl-ace of an original'
is signed and verified by the designated employee as if it were
an original. See Government Code Section 81004.
, ,
Section 2.2 Place of Filing. The Code Reviewing Body shall
instruct all deS'ignated'employees required to fil-e statements of
economic interests pursuant to this Conflict of Interest Code to
.file in accordance with one of the following procedures:
(a) Ail designated employees shall file statements of
economic interests with the City Clerk. Upon receipt of these
statements of economic interests, the City Clerk shall make
and retain a copy of each and forward the originals of these
statements to the Code Reviewing Body, which shall, be the
filing officer with respect to these statements. Such sotate-
ments shall be forwarded by the City Clerk to the Code Review-
ing Body within five.(5) days after the filing deadline or .five
(5) days after receipt in the case of statements filed late.
(b) ·
economic
Ail designated employees shall file statements of
interests wi th the Code Re.viewing Body.
(See Government Code Section 81010 and 2 Cal. Adm. Code
Section 18115 for the duties of filing officers and persons in
agencies who make and retain copies of statements and forward
the originals to the filing officer.)
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Sectio'n 2.3.
. 1.. J 11 11
Time of Filing Initial Statement.
.. . 1.,. . . .
(a) Ail persons assuming designated positions after the
effective .date of this Code shall file statements within thi'rty
(30) days after assuming the designated positions.
(b) Section 2.3 shall not be applicable .to any designated
employee required to file under the provisions of Government
Code Sections 87200, et seq., but such designated employee
shall conform to the disclosure and filing provisions of
Government Code Sections 87200, et seq.
Sec..tion 2.4 Ti.me of F.ili.~.g Annual ..Statements. An annual
disclosure stat'e'~ent sh~ll be filed by April "'lst 'of each year
by each designated employee whether or not such reportable
interest was disposed of during such calendar year and whether
or not the designated employee filed an initial statement
pursuant .to Section 2.3. Annual statements shall cover the
period of January 1 through December 31 of the calendar'year
preceding the statement. Section 2.4 shall not be applicable
to any designated ~mployee required to file under the provisions
of Government Code Section 87200, et seq., but such designated
employee shall conform to the disclosure and filing provisions
of Government Code Sections 87200, et seq.
Section 2.5 Time of Fili_n..~.. of Leavin~ Office Statements.
Any designa'ted 'emPlOy~'e 'who"leaves his'or her off~'Ce or position
shall file a disclosure statement within thirty (30) days of the.
effective date of leaving 'the office or position. Section
shall not be applicable to any designated employee' required to
file under the provisions of Government Code Section 87200, et
seq., but such designated employee shall conform to the dis-
closure and filing provisions of Government Code Sections
87200, et seq.
.
Section 2.6 Categori. es of Rep0r. t. abl.e I..nterests.
interests are divided into th~ "following catogories:
·
Reportable
(a) Category I: I. nterests in Real Pr. operty.
in real property are reportable interests if:
Interests
is located
(1) the real property to which the
in part or in whole:
interest pertains
'(i)
within the boundaries of the City, or
(ii) wi thin two (2)
of the City, or
(iii)
miles of the boundaries
within two (2) miles of land located
outside of the boundaries of the City
which is owned, or used by the City; and
(2) the fair market value of the interest owned
directly, indirectly, .or beneficially by the designated employee
or his or her family is grea~er .than One Thousand Dollars
($1,000.00); and
·
(3) the interest is either:
(i)
a leasehold which does not expire within
ten (10) years from the first day of the
·
period covered by the statement, or a
beneficial or ownership interest held
--
by the designated employee or his or
her family; or.
(ii)
an option held by the designated employee
or his or her family to acquire such an
interest; or
(iii)
an interest or option held by a business
entity or trust in which the designated
employee or his or her family owns
directly, indirectly or beneficially, a
ten percent (10%) interest, or greater;
provided, however, that in the event
that the ownership interest of the
designated employee or his or her f~mily
in such business entity or trust is less
than fifty percent (50%"), the value, for
the purpose of Paragraph (2), of the
real property interest o'r. option relates.
to the value of the prorata share of
the designated employee or his or her
family in the real property interest or
option held by the busimess entity or
trust; and provided, further, that in
the event that the ownership interest of
the designated employee or his or her
family in such business entity or trust
is fifty percent (50%) or more, the
value, for the purpose of Paragraph (2),
of the real property interest or option
relates to the entire value of th'e real
property interest or option, held by the
business entity or trust.; and
(4) the principal residence of the
required t6 be reported.
filer is not
( b ) Category II:
entities are reportable
Investment. Investments in business
,
if: .
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q j~-'~
.o
(1)
corporations,
business entities,
the business entity, including parent
subsidiary corporations or otherwise related
(i)
(ii)
has an interest in real property located
in part or in whole within the boundaries
of the City, within two (2) miles thereof
or within two (2) miles of land owned, or
used by the City, or
·
does business or plans to do business
wi thin the City, or
(iii)
has done business within the City at any
time during the .two (2) years' prior to
the time that the disclosure statement
of the designated employee is filed; and
· (2) the fair market value of the investment of
designated employee or his or her family is greater than One
Thousand Dollars ($1,000.00); and
the
(3)
the investment either:
(i)
is owned directly, indirectly or
beneficially bY the designated employee
or his or her' family and consti.tutes a
financial interest in, or security issued'
by, the business entity, including but
not limited to common stock, preferred
stock, rights, warrants, options, debt
instruments and any partnership or other
ownership interest; or
(ii)
is held by any business entity or trust
in which the designated employee or his
or her family owns, directly, indirectly,
or beneficially, a ten percent (10%)
interest or greater, and constitutes a
financial interest in, or security issued
by, a business entity qualifying under
Paragraph (2) above; provided, however,
that in the event that the ownership
interest, of the designated employee or
his or her family in such business entity
or trust is less than fifty percent
(50%), the value, for' the purpose of
Paragraph (2), of the investment relates
to the value of the prorata share of
the designated employee or his or her
family in the investment held by the
business entity or trust; and, provided,
further, that in the event the ownership
interst of the designated employee or
his or her family in such business entity
or trust is fifty percent (50%) or more,
the value, for the purpose of Paragraph
(2), of the investment relates to the
entire value of the investment held by
the business entity or trust.
E~XCEPT: An.investment is not reportable if it
cons'~'itutes a time or demand deposit in a financial
institution, a share in a 'credit union, an insurance
policy,' or .a bond or other debt instrument issued by
any government or government agency.
( c ) Category I 1I, I: Sources. o f. i.Incolmle.
are reportable if:
Sources of
i n come
(1)
the source of income was either:
(i) a business entity located or doing
bu'siness as described in subsection
'(b)(1), or
(ii)
(iii)
an individual residing within the City,
or
·
a non-pro'fit association or corporation
having its principal place of business
wi thin the City; and
(2)
either:
·
(i) the aggregate amount of income received
by the designated employee or his or her
family from the source during, the period
covered by the disclosure statement was
Two Hundred Fifty Dollars ($250.00) or
more in v. alue, or
(ii)
if the income were a gift received by the
designated employee or his or her family
from the source during the period covered
by the disclosure statment, the value of
the gift -was Fifty Dollars ($50.00) or
more; and
(3)'
the income was either received by:
(t)
the designated employee or his or her
family, or
·
·
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(ii)
received by any business entity or trust
in which the designated employee or his
or her family owns, directly, indirectly,'
or beneficially, a ten percent (10%)'
interest or greater, provided, howe.vet,
that in the event that the income is
received by a business entity described
in this Paragraph (ii), the value, for
the purpose of Paragraph (2), of the
income relates to the prorata share of
the designated employee or his or her
family in the income of the business
entity or trust.
INCOME INCLUDES, except to the extent excluded by
this Sdbsecti6h", "income of any nature from any
source, including but not limited to any salary,
.wage, advance, payment, dividend, interest, rent,
caDital gain, return of capital, gift (including any
gift Of food or beverage), loan, forgiveness or
Dayment of indebtedness, disc'ount in the price Of
anything of value unless the discount is available to
members of the public without regard to official
status, rebate, reimbursement' of expenses, per diem,
or contribution to an insurance Or pension Drogram
paid by any person other than an employer...
INCOME DO~S NOT INCLUDE:
. , . ,, 1,, 111 , ,,
(1) campaign contributions required to be
reported under Chapter 4 (commencing with Section
84100) of. Title 9 of the. Government Code; -.
(2) salary and reimbursement for expenses or
per diem received from a state or local government'
agency and reimbursement for travel expenses and per
diem' received from a 'bona fide educational, academic
or charitable organization;
(3) gifts o~ informational material, such as
books, pamphlets, reports, calendars or periodicals;
.
(.4) gifts which are not used and which,
within thirty (30) days after receipt, are returned
to the donor or delivered to a charitable organization
without being claimed as 'a charitable contribution
for tax purposes;
· (5) gifts from an individual's spouse, child,
parent, g.randparent, grandchild, brother, sister,
parent-in-law, brother-in-law, sister-in-law, aunt,
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uncle, or first cousin or the spouse of any such.
person; provided, that a gift from any such person
shall be considered income if. the donor is acting as
an agent or intermediary for any person not covered
by this Paragraph (5);
(6) any devise or inheritance;
(7) interest, dividends or premiums on' a
time or demand deposit in a financial institution,
shares in a credit union or any insurance policy,
payments received under any insurance policy, or any
bond or other debt instrument issued by any government
or government agency; and
(8) dividends, inters't or any other return
on a security which is registered with the Securities
and Exchange Commission of the United States
Gover nmen t;
(9) redemption of a mutual fund;
·
(10) alimony or child support payments;
(1]-) any loan or l'oans from a commercial
lending institution which are made in the lender's
regular' course of business on terms available to
members of the public without regard to official
status if:
(A) .used to purchase the principal
residence of the filer; or
(B) .the balance owed does not exceed
Ten Thousand Dollars ($10,000.00.);
(12) any indebtedness created as part of a
retail installment or credit card transaction if
made in the lender's regular course of business on
terms available to members of the public without
regard to official status, so long as the balance
owned to the creditors does not exceed Ten Thousand
Dollars ($10,000.00);
(13) . other than a gift, income received from
any source outside the jurisdiction of the City and
not doing business within the jurisdiction of' the
City, not planning to do business within the jurisdiction,
of the City, or not having done business within the
jurisdiction of the City during the two (2.) years
prior to the time any statement or other action is
required by this Code;
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(14) income from a source which is a former
empl'oyer if: all income-from the employer, was
rece.ived by or accrued to the designated employee-
prior to the time he. or she became a designated
employee, the income was received in the normal
course of the previous employment, and there was no
expectation by the. designated employee at the time
he or she assumed the designated position of renewed
employment with the' former employer.
(15) payments received under a defined benefit
pension plan qualified under Internal Revenue Code
Section 401(a).
Section 2.7 Content of Disclosure Statem. en. ts..; Category
Disclos6~e stat'e~ent~ ~eq'uired t~ be filed for reportable ·
interests specified in Category I shall contain the following
information:
(a)
property;
The address or other precise .location of the real
(b) A statement of
real property;
the nature of
the interest
in the
(c) A statement of whether the fair market value of the
intererst exceeds one Thousand Dollars ($1,'000.00) but does
·
not l ex-ceed Ten Thousand Dollars. ($10,00-0.00), whether it exceeds
Ten Thousand Dollars ($10,000.00.) but does not exceed One
Hundred Thousand Dollars ($1'00,000.00),.or whether it exceeds
One Hundred Thousand Dollars ($100,000.00);
(d) In the case of an interest in.real property wholly
or partially acquired during the period covered by an annual
disclosure statement, the date of acquisition and, if such
interest in such property was disposed of during such period,
the date of disposition; and
(e) For purposes of disclosure under this Section,
"interest in real property" does not include t-he principal
residence of the filer.
Section 2.8 Conten, t of Discl0sure. Statements;... . . Caterer. y.
II and Relate~i"'cat~gories. Disclosure statements required to
be 'filed' for reportable 'ih'terest$ specified in Category II shall
contain the following information:.
(a) The name and address of the business e'ntity in which
,
each investment is held;
·
(b) A general description of the business activity in
which the business entity is engaged;
(¢)
A statement of the nature of the investment;
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(d) A statement of whether the fair' market value of the
investment exceeds One. Thousand Dollars' ($1,000.00) but does
not exceed Ten Thousand Dollars ($10,000.00), whether it exceeds
Ten Thousand Dollars ($10,000.00) but does not exceed One
Hundred Thousand Dollars ($100,000.00), or whether it exceeds
One Hundred Thousand Dollars ($100,000.00);
(e) In the case of an investment which constitutes fifty
percent (50%) or more of the ownership interest in a business
entity, disclosure of the investments and interests in real
property of the business entity;
(f) In the case of investments wholly, or' partially
acquired during the period covered by an annual, disclosure
statement, the date of acquisition and, if such interest in
such property was disposed of during such period, the date of
disposition; and
(~) For purposes of °disclosure under this Section .
"interest in real~ property"-does not include the principal
residence of the filer. '
Section 2.9 Content of Disclosure. S.t. atement? Category
III and '~e.!..~ed Cat'e~6ries. Excep't' as to an initial disclosure
,, ,, ,
statement for Which income sources need not be reported,
disclosure statements required to be filed for reportable
interests specified in Catgeory III shall contain the following
information: '
(a) The name and address of each source of income
aggregating Two Hundred Fifty Dollars ($250.00) or more
value, or Fifty Dollars ($50.00) or more in value if the
income was a Gift;
in
(b) A general description of
any, of each source;
the business activity, if
(.c) A statement wh~ther the aggregate value of income .
from each source, or in the case of a loan, the highest amount
·
owed to each source, was at. least Two Hundred Fifty Dollars
($250.00) but did not exceed One Thousand Dollars ($1,000.00),
whether it was in excess of One Thousand Dollars ($1,000.00)
but was not greater' than Ten Thousand Dollars ($~0,000.00),
or whether it was greater than-Ten Thousand Dollars ($10,000.00);
(d) A description of the consideration,
which the income was received;
.
(e) In the 6ase of income constituting
and the date on which the gift was received;
if any, for
a gift,
the amount
(f) In
the se curity,
the case of a loan, the annual
if any, given for the loan;
interest rate and
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(g) In the case of income of a business .entity, in which
the designated empl.oyee or his or her family owns a ton percent
(10%) interest or more;
(1) name and address and a ~eneral description
activity of the business entity; and
(2) the name of every natural person, non-profit
association or corporation, and business entity from whom such
business entity received payments if the prorata share of the
designated employee of gross receipts from such person, non-profit
association or corporation, or business entity was Ten Thousand
Dollars ($10,000.00) or more during any calendar year partially
or wholly cove'red by the disclosure statement being filed.
(h) Management Position Disclosure. When management
positions, are required t-o b~" reDorte'd, a designated employee
shall list the name and address of each business entity in
which .he or she is a director, officer, Dartner, trustee,
employee, or in which he or she holds any posit'ion of management,
· a description of the business activity in which the business
entity is engaged, and the designated emDloyee's position with
the ~usiness entity.
(i) Acquisition or Di.sp..osal During Reporting Period. In
the case of an. annual or leaving, office s~"atemen't, i~' an -
· ' investment or interest .in real property was partially or wholly
.
acquired or disposed of during the period covered .by 'the
·
statement, the statement shall contain the date of acqui.sition
or disposal.
Section 2.10 Form of Disclosure Statements. Disclosure
statements required to be filed hereunder for any category of
reportable interests shall be on the forms prescribed by the
Fair Political Practices Commission, which shall be as shown 'on
Schedules "A-H" inclusive, of Form 730 attached hereto as
Appendix "B".
ARTICLE III
DI SQUALI FI CATION
Section 3.1 General Rule. Designated employees have a
conflic~ of in'tere'~t' and Shall ~isqualify themselves from making
or participating in the.making of any governmental decision
when it is reasonably foreseeable that the decision will have a
material financial effect, distinguishable from its effect on
the Dublic generally, on a financial interest of the designated
employee. A designated employee shall not be required to
disqualify himself with respect to any matter which could not
be legally acted upon or decided without his participation.
The fact that the vote of a designated employee who is on a
voting body is needed to break a tie does not make his or her
participation legally required for DurPoses of this Section.
Section 3.2 Makin...g Governmental Decision; Actions' Included.
A desi'gn'at~d 'emp~o~e~ makes' a go~rnmental'd~cis"ion within 'the
meaning of this Article,' when he or she, acting within the
authority of his or her position:
(a)
Votes on a matter;
(b)
Appoints a person;
(c)
.action;
Obligates or commits the Commission to any. course of
( d ) Enters
the City; or
into any contractual agreement on behalf of
(e) Determines not to act, wi thin the meaning of
subsection (a) through subsection (d), unless such determination
is made because of his or her financial interest.
When the determination not to act occurs because of his or
her financial interest, the designated employee's determination
must be accompanied by disclosure of the financial interest made
part of the Commission's official records,' or made in writing to
the designated employee's supervi'sor .or appointing power, as
appropriate.
Secti. on .3-3 .ParticiPa.ti.n~ in Decisi.0ns; Action.s. In.c..1.ud.e.d:
A designated empioyee-participates in'"~h'e ma~'i'~g .6f a. governmental
decision within the meaning of this Article, Ohen he or she,
actin~l within the au'thority of his or her posit'ion:
(a) Negotiates without significant substantive review,
with a governmental entity or private person regarding the
decision; or
(b) Advises or makes recommendations to the decision-
maker, either directly or without significant intervening
subs tantive review by:
(1) Conducting research or investigations which
require the exercise of judgment on the part of the des i.gnated
employee and the purpose of which is to influence the decision.;
or
(2) Prepa. ring or presenting any report, analysis
or opinion, orally or in writing, which requires the exercise
of judgment on the part of a desi. gnated employee, and the
purpose of which is to influence the decision.
Section 3,4 Ma..kin~..or Participati.ng in Decisions; Actions
Exclud"ed. "Making or participating in the ma'king '6f a governmental
,,
decision as used in this Article shall not include:
(a) Actions of a designated employee which are solely-
ministerial, secretarial, manual, or clerical;
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(b) APpearanCes by a designated employee as a member of
the general public before an agency, in the course of its
prescribed governmental function to .represent himself or herself
on matters related solely to his or her personal interests; or
(c) Actions by a designated employee relating to the
compensation or the terms or conditions of his or her employment
or contract.
Section 3.5 Material Effect on Financial Interest. A
desig nterest- if
it is reasonably foreseeable that the decision will be signifi-
cant wit-bin the meaning of the general standards set forth in
Section '3.1 above. Considerations shall be'given to the follow-
ing factors:
(a) Whether, in the case of a business entity in which
the public official holds a direct or indirect investment of
One Thousand Dollars ($1,000.00) or more or in the case of. a
business entity in which the public official is a director,
officer, partner, employee, trustee or holds any posit'ion of
management, the effect of the decision will be to increase or
decrease:
(1)
The annualized gross revenues by the lesser of:
,
(i) One Hundred Thousand Dollars ($100,000.00).
or more; or
,
(ii)
One percent (1%) if it is One Thousand
Dollars ($1,000.00) or more; or
'(2)
Annual net income by the lesser of:
(i)
Fifty ThoUsand Dollars ($50,000.00); or
(ii)
One-half (1/2) of one percent (1'%) if
it is One Thousand Dollars ($1,000.00)
or more; or
(3)
Current assets or liabilities by the lesser of:
·
(i) One Hundred Th.ousand Dollars ($100,000.00);
or
(ii)
One-half. (1/2) of one percent (1%) if
is One -Thousand Dollars ($1,000.00) or
more.
it
Current assets are deemed to be decreased by the'
amount of any expenses incurred as a result of a governmental
decision.
(b) Whether, in the case of a di'rect or indirect interest
in real property of One Thousand Dollars ($1,000.00) or more
-14-
held by a public official,
to increase or decrease:
the effect of the decision will be
(1)
·
by the lesser of:
The income-producing potential of
the property
(i) One Thousand Dollars ($1,000.00)
or
per month;
(ii)
Five percent (5%) per month if it is
Fifty Dollars ($50.00) or more per month;
or
lesser of:
(2)
The fair market value of
the property by the
(i)
Ten Thousand Dollars ($10,000.00); or
(ii) One-half (1/2) of one percent (1%) if. it
is One Thousand Dollars ($1,000.00) or more.
·
(c) Whether, in the case of a source of income, as
defined in Government Code Section 87103(c), of Two Hundred
Fifty Dollars ($250.00) or more received by or promised to a
public official within twelve (12) months prior to the time the
decision is 'made: .'
..
·
(1) ' The effect of the decisio, n will be t.o directly
increase or decrease the amoun~ of income (other than rents) to
·
be received 'by the official by One Hundred Dollars ($100.00) or
more; or
"(2) There is a nexus between th~ governmental
decision and the purpose for which the official receives income;
or
(3) In the case of a source of income Which is a
business entity, the business entity will be affecte'd in a manner
described in subsection (1) above; or
entity,
(4) If the source of income is not a business
the decision will have a significant effect on the source.
(d) For purposes of this Section, indirect investment or
interest means any investment or interest Owned by the spouse
or dependent child of a public official, by an agent on behalf
of a public official, or by a business entity or trust in which
the official, the official's agents, spouse, and dependent
children own directly, indirectly or beneficially a ten percent
(10%) interest or greater.
(e) Notwithstanding any other provision contained in this
Section 3.5, the making or participation in the making of a
governmental decision by a contract consultant or by a person
retained to provide information, advice, recommendation or
-15-
counsel has no material financial effect on a business entity
or source of income in which such consultant or,person retained
is an officer, employee, sole proprietor or partner, if the
only financial effects of the decision are the modification,
perpetuation or renewal of the contractual or-retainer agreement
and/or the opportunity to bid competitively on a project or
contract.
Section 3.6 Notice of Action Taken.
11 , , , 11 , il , ,, ,,, , , , i i
·
(a) Mandato.rY. P..osting..of Notice of Action Taken,_ If a
designated emDi"0yee disqualifie's himself '6r herself from'the
making of a decision, or participating in a decision, upon a
particular subject, and if the Commission subsequently commits
itself to a definite course of action with regard to said sub-
ject, then the Secretary of the Commission shall post a Notice
of Action Taken as soon as is practicable following such commit-
ment. Said Notice shall be substantially in the form set
forth in Appendix "C", and shall be conspicuously posted on or
near the door of the regular meeting place of the Commission.
(b) Discretion..a. rY Posting of Notice of Action. In the
event that the C'~mmission commits itsel'~, t0"a' definite course of
action with regard to any subject and no disqualification has
occurred, the Commission may direct the secretary of the Commission
to 'post the Notice described in. subsection (a) at the time and
place set forth in said subsection.
.
(c) Re. ques% for Reconsideratio'n: Time, of Filing;.. Effect.. .
of' Failure to File.' In the e'vent ~hat 'a Noti6e has been Doste~
pursuank to subsections (a) or (b)~ a written request for recon-
sideration or disapproval of any Commission commitment on the
ground of existence of a conflict of interest of a designated
employee shall be filed with the Secretary of the Commission
within thirty (30) days of the posting of said Notice. In the
event that such a request is not filed, said commitment and
all decisions made with regard thereto shall be final and
conclusive.
(d) Reco. nsidera, tion Upon Filing of R..equest Therefor. In
the event th'at a request 'is filed with ~'~'e Secretary of the Com-
mission pursuant to subsection (c) hereof, the Secretary of the
Commission shall direct said request to the Commission, officer
or employee responsible for the Commission commitment in question
and said body, officer or employee shall cause said commitment
to be reconsidered.
ARTICLE IV
MISCELLANEOUS
Section 4.1 .Legal opinions.: Any designated employee who
is uncer'~'ai~ of any obligation arising under the provisions of
this Code or the Political Reform Act of 1974 (Government Code
Sections 81000 et seq.), may request a formal opinion or letter
'of advice from the Fair Political Practices Commission pursuant
-16-
to Government Code Section 83114, or from the City Attorney of
the City. Nothing i-n this Section requires the City Attorney
.to issue such an opinion.
Section 4.2 Reliance on. LeGal._.OPi. nion. If the designat, ed
employee tr~Lt, hf'6'lly discl0~'es all material' facts, an opinion or
written a'dvice provided by the Fair Employment Practices Commis-
sion protects the designated employee from-administrative,
civil and criminal penalties to the extent provided for in
Government Code Section 83114. If the designated employee has
truthfully disclosed all material
.of the City, and an opinion is iss
Attorney of the City, stating in f
upon which the .opinion is based, c
employee with such opinion may be
civil or criminal proceeding broug
facts to the City Attorney
ued in writing by the City
ull th~ facts and the law
omp'liance by the designated
evidence of Good faith in any
ht pursuant to the provisions
of the Political Reform Act of 1974 or this Code. The designated
employee's-good faith compliance with the written opinion of
·
the City Attorney of the City shall also act as a complete
defense' to any disciplinary, action that the Commission may bring
under Section 91003.5 of the Political Reform Act or this Code.
Section 4.3 Statute of Limitations. No judicial
proceedings ba~ed" upon di'squalificat~'on provisions of this Code
shall be brought pursuant to Government Code Section 91003(b)
to restrain the execution or to set aside official action of the
Commission unless commenced ninety (90)' days .fOllowing official
action or decision. '
LSL:lw:D: 4/14/83
-17-
DESIGNATED' EMPLOYEES
, 11 , , ,
APPENDIX A
DES IGNATED POS ITIONS
CATEGORIES
O'F DISCLOSURE
,
Planning Commissioners
I, II, III
ENDIX B
FORM 730
Statement of Economic Interests
For Designated Employees
Important Notice to Filers: The Political Reform Act is intended to I~revent conflicts of interests I~y requiring-public officials
such as yoursel! to disc. Jose financial interests which could foreseeably cause conflicts, in addition, as a oublic official, you
may be recmked to disclualify yourself from making, participating in, or attempting to influence any governmental decision
which w~]l affect your financial interests, including those you are required to report on this Statement. The Fair Political
Practices Commission,s Guide to the Polib'cal Reform Act: California's Conflict of Interest Law for Put, Itc Officials explains
what a conflict of interest is, and when disqualification is required by law. Failure to file your Statement before the filing
deaclFu~e may result in penalties including but not limited to late fines.
·
moose NDe cw
, ,, , , ,
check the appropriate box(es): '
TELEP~NE N~JMSER"
INITIAl. STATEMENT: The Conflict of Interest Code for your agency becomes effective on ......... You must file
Statement within thirty days after this date disclosing your reportable interests held on this date. You are not required to disctose in
come, gifts or loans, on this Statement.
·
.
ASSUMING OFFldE STATEMENT: You have assumed office onI i~x~ ' ------..
·
Position subject 'to State Senate confirrnation--~e thirty days after appointment or nomination.
~ '~ All other posifions---(ile thirty days after assuming office.
You must disclose all reportable interests,.other than income, gifts and loans, held on the date you assumed your position. ·
ANNUAL STATEMENT: You are required to file a Statement no later than
held or received, during the period from January 1, through December 31,
... discJosing all rel~ortable interest
· .'
LEAVING OFFICE STATEMENT: You are leaving or have left your position on .. . ,.,.~ .. . and must file a Sl:atemer
within thirty days of that date. You must disclose all reportable interests held or received during the period from januar
1 .... through the date you left office.
.·
i| CANDIDATE STATEME.X,rT: You are a candidate for elective office. You must discJose ail reportable interests, other than income, gift
..~ and :Gaas, ~-'~
,,=,u on theu,~,e you ,,,au ,,u ...... o,,,,, Dopers. You,-,,u~,'-' ~",,,~ '":-,, ,,o Statement no later than the final f~T[ng date of a ds-:---':--,.o;_e.,,..,
candidacy.
The Folluwing Summary Must Be Completed 6Y ~,11 Filers
(Do not com'D~ete this summary until you have reviewed all sr,...Ciules 'anti
the instructions on the reverse sicle o! each schedule careluliy.)
'~EDO[.E' A---tnv'estment~
~ Schedule comoleted and attached
SCHEDULE B~nte~'ests in R~a115roDerty ......
[~] Schectule completed and attached ~
[~ No reDortable interests r'~
No reoortable interests
"SCHEDULE C~lnt;erests in R~al ProDerW a~ Investments Hetd by B~sin~ss Entities or Tm;s=
~ Scheclule completed and attached [~ Nq reportable interests
$~HEDuLE D---Income'(°the;'than Girts and L~an~) .' .....
[-"] Schedule completed and attached
-scHEDuLE 'E--Loans ......
[~ No reportable interests
· ii iii i i i
Schedule not aDDlicable to my
disclosure category
i i i iiii i I
Schedule not aDDlicable to my
disclosure categon/
i il i !
I"-I Schedule not ao~l!cable to my
disclosure category
'[~ Schedule not aDDiicat31e to this type of
statement or to my disclosure category
[~] Schedule completed and attached
SCHEDULE 'l~----Git~s' ....
[~ No reoortabie interests
ii ~i i i ii ii . ii ~
Schedule not aODlicable to this type of
statement or to my disclosure category '
i i ii i i ii i
~ Schedule comoleted and attached
[~ No reportable interests
o
Schedule comDletecl and attached
ii i ii i i __ i i ii ·
.
·
[~ No reDortable interests '
'SbHEDU'LE" H---4nCome a~d'L0'ans to'E~u~iness En~ifies "
i'"'l Schedule-not aDDiicable to this type of
statement or to my disclosure category
Schedute not aDpticable to this ty13e of
statement or to my disclosure category
Schedule completed and attached
[~ No reDortable interests
[]Schedule not al3plicable to my
disclosure category
Note- Fliers whose reportable interests, on any particular schedule have not changed since a previously filed an*
nual Statement may attach copies of the appropriate schedule from the previous annual Statement. Please discard
those schedules on which you have nothing to report.
i iI i , i i, , iI ii -- il Ii , ,1 il - i i , ,1,1 i , 1,
VERIFICATION
I clectare under penalty of 13erjury that I have used all reasonable diligence in preDaring this Statement, that I have reviewed
·
the attached schedules and to the best of my knowledge the information provided in this Statement is true and correct.
Executed on ........ 19 ...... at ..............
·
SIGNATURE
·
,
, , ,
All of the information required by this form is mandatory, is required by the provisions of the Political Reform Act, Government
·
Code Section 81000 et sect., and will be available'to any member of the pui31ic upon rec~uesto This information is to be used to
reveal to public scrutiny certain financial interests of public officials ancl employees in orcler to disclose 13otential conflicts of
interests and to aid in the prevention of actual conflicts of interests.
0
Schedule A -- Investments
You must report investments, in business entities, of the type described in your disclosure category, located in, or doing
13usiness in, your agency's jurisdiction, in which you arid your immediate family hacl an aggregate interest.of more than $1,000
during the reporting period. For each investment indicate both the value and the ownership interest in the boxes providecL
. i i
·
Ill i ii i ii · i iJ · i1
ii IlL III I
·
i . I
I
!
· i iii · i . m Il i
im mi
.
i1
i. i
ii . ii i
i i
Ii IL1, III ,1 , , I I- m I mi mi i mm I mi I
VALLE
l~ $1 001 - $1o.xxxl
I-9 s~o,oo~- s~oo.cx=
ii . i 11
VAI. t,E
Interest
i i i i i i
.
Interest
r-~ $I ooi - $1o.ooo
[~ $10,001 - $100,000
I~
! i ,
$1 o01 - $10.000
510,001 - $100.000
o,~ SLOO.OOO
i i ii iii i i
.,
I~ $1 001 - $10.000 .
[:~ S10.001 - $.100,000
{:~
ii .l ....... . .j
· ~~ 10% er grm~f
[~ $1 OOl - $1o.cxx)
$10,001 - $100,000
' ' ' I--] L.;,'~., ~0,
~[::~ 10% er gr~mm~
i i · ii i
$! OOl - $1o,cx3o
$1o,ool - $1oo, ooo
' ~ I.~ ffl. 10%
i i i
If you have checked this box, you may have to reDort your pro rata share of the gross income to, or the interests in real
proDerty and investments held by, the business entity on Schedules C, D or H.
.
Note: You must report any salary, commission, distribution or other income paid to you or your spouse by the business
entity on Schedule D, whether or not you have a 10% ownership interest.
Schedule A --- Investments
Your "immediate family" means yourself, your spouse, and your c~e=endent ct~ildren.
An "investment" is .any financial interest in a business entity. The most common kinds of investments are cor0orate stocks
and bonds, interests in i~artnerships, and sole I~ro0rietorshi0s. You do not have to re0ort investments in bank accounts,
insurance oolicies, government I~oncls, interests in aiversified mutual funds registered with the $.E.C. under the Investment Act
of lg40 or interests in common trust funds created ~ursuant.to Section 1564 of the. F~nancial Code° If you are a beneficiary or
maker of a trust, consult the detailecl instruction Manual or your acjency's legal counsel or filing officer.
A business entity is in the jurisdiction if it or a related business entity:
---Is Ioca[ecl or resictes in the jurisdiction.
---0oes business in the jurisdiction.
----~lans to do business in the jur!sdiction.
---Has done business in the jurisdiction within the I~revious two years.
---.Has an interest in real Orol0erty in the ju~;isdiction.
Schedule B--Interests in Real Property
You must report interests in the types of real property des~ibed in your disclosure category, located in your agency's
jurisdiction, in which you and your immediate family had an aggregate interest of more than $1,000 during the reporting
period. You do not have to report your principal place of residence.
i i i i , il Ii , iii- i i ILl II! III
I ~ I Il Il I I
I nil
i
i i
~sr'aO k~terest ~S:
fill I I J
I Il I I . I I
I ,
I I I I I Il
·
if Rental ProOm,ty
Own~st'do Interest i.~:.
VALLE
t..e,'..[ p.~ "
VALLE
i l
VALUE
C~ S 10,001 - $100.00O
Over $100.000
, i
Less titan 10%
10% or greater
la I
51,001 - 510,000
I--'I 510,001 - 5100,000
~] Over SlO0.O00
· Il I ·
'
* ~ 10% or greater
IL I I I , I I
.F--"I 51,001 - $10,000
~ 510.001 -
* O '10~, or greater
C::] s,.ooi-s,o.
r'~ 51o,ool - 5100.000
10% or greater
$1.001 - S 10,000
r'~ 51o,ool - $1oo,ooo
C~ Less tl~n 10~
* ~ 10% orgreatw
.11 i
I~ 51.00~-$10,000
[~ $10.001- $100.000
~ Over $100,000
. ·
I 'll nefltai ~ooefty i'---i Less ti"tan 10%
Own~ ~est ~: * C~. 10% or greatm'
, ii ~ ii i .... i.1 i i i .- i i i i i i
If you have checked this box, you may have to report your pro rata share of the total gross rental income (if $250 or more)
on Schedule D. and your pro rata share of the gross rental paid by any individual tenant (if $10,000 or more) on Schedule H.
See Instructions on Reverse
.
Schedule B- Interests in Real Property
"Interests in real I:}roDerty" include ownershio interests, oDtions to purchase, and leasehold interests ii ten years or more
remain on the lease. The value of a leasehold interest is the total amount o! rent owed ay you during the reDorting i~eriod. An
interest in real I=roDerty 'is not reDortal~le ii it is. your I=rincioal ~lace of residence. However, if your I~rinc, Jl~al Dlace of residence
.also .is a place of business, e.g., a family farm or reta~'l business, you are recluired to disclose that ~ortion of the Drooerty
which is used in connection with your I~usiness activities.
An interest in real orooerty is in the jurisdiction of a local agency il it is located in or within two miles of the jurisdiction of the
agency, or il it is located in or within hvo miles of any land owned or used by the agency. An interest in r~al orooerty is located
within the jurisdiction of a state agency i! it is located anywhere within the State of California.
, . .
I
Schedule C--Interests in;'
.al Property.and Investments Held .~ .... ~Business Entities or Trusts
· ...,'~'~', During the rel=orting period did you or your immediate family have a 10% or greater interest in a business entity or in a trust?
No---You do not have to comDlete this scheclule.
Yes---Continue reading below.
If yes, does the business entity or trust hold interests in real property or investments of the type covered by your
disclosure category?.
No--You do not have to coml:Yete this schedule.
Yes--You must report such interests in real property or investments owned by the business entity or trust if:
a) Your pro rata share in any interest in real property is more than $1,000 and the real prooerty is located in
your jurisdiction (reDort this on Schedule C- 1 below); or
b) Your pro rata share of any investment is more than $1,000 and the investment is in a business entity
located in, or cloing business in, your jurisdiction (report this on Schedule C-2 on reverse).
This rel:)orting requi~;ement applies regardless of where your business entity is located or doing business.
Schedule C- 1
Interests in Real Property
·
i
I
$~J:i AOCRESS OR ~ LOCATON C:~ P~OPE~TI'
· i , ,
L~ ACCXJ=Ila3 I DATE
I
..-, ~:, ~x:~ ~i,' ~,~ L0C~TCN
'.A~ ~ '~:. [~ ~~, ~
'.~ '~~ , , ~m~
i i i i i
see Instructions and Schedule C-2
on Reverse
E:~ .~1,001-$10.000
F-II $1o,oo~-$1oo,ooo
[~] $1.001-$ IO.O(X)
[~ $10,001-$100,000
~"'""J Over $100,000
$1,001-$10.000
$10,001-$100,0(30
Over $ lO0,(:~JO
LiJ $1,0o !-$ lO.OOo
$10,001-$ IO0.(XX
Schedule C-2
Investments
Il hill I I
I '
I I
Ill
in L I
Ill, it i
__
! Il Iii I I
{~ S1,(~11-$10,000
[~ $10,001-$100,000
{~ $1.001-$10.000
[~.
Il I I
[~ $1,oo1-$1o, ooo
[~ $1o, oo 1-~ 1¢..~,oo0
Over $ lOO.oo0.
~ $1,oo1-$1o, o00
~ $1o, oo~-$1oo, o~
Schedule C- Interests in Real Property and Investments
Held by Business Entities or Trusts
You must provide the same information for any interest in real property or investment listed on this schedule that is requirecl
for any investment or inteJest in real proDerty listed on Schedule A or El. If you are a beneficiary or maker of a trust, consult the
detailed Instruction Manual or your agency's legal counsel or fiiing officsr.
·
To determine your "pro rata share" of an interest in real proDerty or investment held by a business entity, multiply the value of
the interest or investment by the percentage of the business entity owned by you and your immediate family.
i
Schedule D--Income (Other than Gifts and Loans)
You must report your gross income (other than gifts and loans) ancl your community property interest in your spouse's gross
income'from sources described in your disclosure category. Income includes all payments aggregating $250 or more
received from any source located in, or doing' business in, your agency's jurisdiction. Salary, commissions and other
payments should be listed on this schedule. You do not have to report salary (including per diem) from feclerai, state and
local government agencies: (See instructions on reverse for other types of income which are not reportable.)
. __
[] i ii i i
·
i , Ill I |1 I I I III Il
·
L i iii i ii
·
i ..... -_ - · i · i i ii i i i ii
iii
·
[~ $1,001-S10,000
E~ Ova' $10,000
·
·
iii i i !
E~] $1,001-$10,000
·
E~ Over
i ii II I i I
r'~ $;I,,Oo1_$ lO,OOO
Over $10,000
$1,001-$10.000
Over $10,000
0 $1,001-$10,000
Ova' $10.00C
See Instructions on Reverse
Schedule D--income (Other than Loans and Gifts)
The most common forms of income are salary, wages, income from a business entity and i:)roceeds from sales, including
sales of a house or car. Income includes your community 13rol3erty share of your sl3ouse's income.
You do not have to re~3ort salary and reimbursement for exoenses or per diem received from a state, local or federal
government agency;, dividends, interest or other returns on. a security registered with the S.EoC.; 13ayments under an
insurance 13olicy;, interest on bank accounts or bonds; income of det3endent children; alimony or child SUl313ort i:)ayments;
redeml3tion of mutual funds; becluests or inheritances; or am/ 13ayments received under a defined 13enefit 13ension plan
clualified under Internal Revenue Code Section 401(a). If you or your sl3ouse is a beneficiary cr maker of a trust, consult the
detailed Instruction Manual or your agency's legal counsel or filing officer. ,
If you and your immediate fam~ own an aggregate interest of 10% or more in a business entity, or in rental 13rooerty, you
must rel3ort your ~3ro rata share of the total gross income to the business entity, or the total gross rentals from the rental
13rooerty, on this schedule, if the gross income or gross rentals are received from a source of income covered by your
disclosure category. In coml3uting yo. ur i::ro 'rata Share, include your community 13rol3erty interest in your sl3ouse's snare of the
total gross income or total gross rentals.
You must rel3ort any salary, commission, distribution or other 13ayment to you or your sl3ouse from any business entity of the
tyl3e covered by your disclosure category, whether or not you have a 10 %' .owners~ii3 interest in the entity.
Income to a business entity should be rel:x3rted on Schedule H.
..
Loans and gifts are also income, and should.be rel3orted on Schedules E and F.
·
·
Schedule E--'Loans
You must.report loans aggregating $250 or more which were received or were outstancling during the reporting period trom
any source of inc~3me covered by your disclosure category located in, or doing business in, your agency's'jurisdiction. Loans
from fa.--,~' members ,.do not have to be reported. (Report loans to Ousiness entities on Schedule H.)
FOR LO,~I'
I
·
i,
SEC, tJRITY FOR LO.~
ii i i i · i
i iiii i ii i i i
ENTIRE LOAN r'~
REPAO -
ii i i ii i i
·
ENTIRE LOAN
i i i i ~ ii _ ii !.. i i ..i
~ SI,O01-SlO,(XX)
·
~ Over $10,000
.......
r'~ $1,{:x) 1_$1o,ooo
[NTE~F.~T RATE ~ NOI~
ii i. i ! i
r'~ $1,0o1_$1 o,ooo
·
~ Ove~ $10,000
........
INTEREST RATE r-~
........
, ,, , ,
Schedule F-- Gifts
You must report all gifts received during the reporting Period aggregating $50 or more from any source of income covered by
your disclosure category. Gi~ts from family members do not have to be reported.
, , ,, = , ,,, , · , , , , ,,, , ,
NAME QF DON~ ..... DATE(S) OF GIFTtS)
~SS ACT-Ni~-I' OF ~, F ANY
BU.S~ESS A~.,~ OF DC~, F ANY
AZ:X:~ESS OF: ~
DATE(S) OF GiFT(S)'
See Instructions on Reverse
Schedule E --- Loans
You must reoort all loans (including your community prooerty interest in loans to your spouse) whic~ were received or
outstanding during the reporting 13eriocl at the highest amount owed during the reporting 13edod, You do not have to rec~ort
loans from commercial lenders made in the ordinary course of business on terms available to the public without regard to .
official status if the loans:.
(1) Were used to purchase your principal place of residence; or
(2} Aggregate less than $10,000 from any one lender, including indebtedness ad. sing from retail installment or credit
transactions.
You do not have to report loans from family m'embers~
'Schedule F-.-- Gifts
You do not have tO report gifts of food, drink or lodging 1:3rovided in another individual's home; gifts aDDroximateiy eclual in
value exchanged between you and an individual, other than a lobbyist, on holidays, birthdays, or similar occasions; gifts of
informational materials, such as books, 13amD~lets, reports, calendars or l:)eriodicals; gifts from family members, gifts which
are not used and within thirty days are returned to the donor or delivered to a charitable organization without being claimed as
a charitable contribution for tax purposes; or any becluest or inheritance,
You must report all other gifts of $50 or more from any individual or entity that is a source of income covered by your'
disclosure category, whether or not the donor resides ih, is located in, or doing business within the jurisdiction.
Schedule G--Business Positions
If you were a director, officer, l:)arther, trustee, eml:)l.oyee or held any I:)osition of management during the rel~oriing i:)edod in
any business entity of the ty~e covered by your disclosure category, you must complete this sc~eclule. If your DosJtJorl com-
menced or terminated during the reporting I~edod, indicate the date on whict~ this occurred.
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Se~ Instrbctions on Reverse
Schedule G .--Business Positions
Note: Some Conflict. of Interest Codes recluire reDorting business Dositions in non-profit corDorationso Refer to your disclosure
category to see ii this aOl:}lies to you.
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Scheau~e H---Income and Loans to Busing.
(Including Renta! Property)
Entities
During the reoort~g period did you and your spouse own an aggregate interest of 10% or more in any business entity
(inclucling rental 13roDerty) ?
No---You do not need to comote(e this schedule.
Yes--You. must list the name of each individual or entity covered by your disclosure category which:
Is located in, or doing business in, your agency's jurisdiction; and
Made payments, including loans, to your business ent!ty during the reloorting penocl: if
Your prc rata share of the gross amount of such payments (inciuOing your community property interest in your
spo.use's share) was $10.000.or more.
This reporting requirement applies regardless of where your business entity is located or doing business.
Note: If your pro rata share of gross payments from an individual or business entity was $250 or more; the discluali~ication
13rovisions of the Poiitica! Reform Act are applicable. .
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ACOFIE~' OF 8U~ES~ ENTITY
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Schedule H---Income and Loans to Bus,ness Entities
(Including Rental Property)
FPPC Regulation ~8740 contains information regarding exemlofion of ~ients' names from clisc]osure 1=ur=uant to a legally
recognized privilege uncler California law. You may obtain a cooy of Regulation 18740 by contacting the Fair Political
Practic~ Commission.
APPENDIX C '-
,
NOTICE OF ACTION TAKEN
, 1. 1, ........ · ~
NOTICE IS HEREBY GIVEN that the Commission has commftted
itself to the following course of action:
NOTICE IS FURTHER GIV. EN that in the event that any person
desires the .Commission to r~consider, or disapprove of, said corn-
mi tment on the grounds of the existence of a conflict of interest
of a Commission officer, employee or consultant, .a request for said
reconsideration or disapproval sha'll be submitted to the. Secretary
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of the Commission within thirty (30) days Of the date hereof.
Da t e.d:
By
Secretary ....
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of
Tus.tin, California, does hereby 'certify that the whole number of the members of
the City Council of the City of Tustin is five; that the above and foregoing
Resolution No. 83-38 was duly and regularly introduced, passed and adopted at a
regular meeting of'the City Council held on the 6~th day of J.une,. 19.83, by the
fol l owing vote:
AYES · COUNCILPERSONS' Hoesterey, Kennedy, Edgar, Greinke, Saltarelli
NOES · COUNCILPERSONS' None
ABSENT' COUNCILPERSONS' None .
MARY E. WYNN, C ii~j(Clerk
Cit. y of Tusti n,