HomeMy WebLinkAboutRPT 1 P.C. ACT AGENDA 05-16-83TUSTIN PLANNING COMMISSION
REPORTS
NO. 1
5-16-83
ACTION AGENDA FOR REGULAR MEETING
May 9, 1983 7:30 p.m.
CALL TO ORDER At 7:35 p.m.
PLEDGE OF ALLEGIANCE AND INVOCATION White/Puckett
ROLL CALL All present
APPROVAL OF MINUTES FOR MEETING HELD
submitted.
CONTINUED PUBLIC HEARINGS:
April 25, 1983 - Approved as
Applicant:
Location:
Request:
USE PERMIT 83-4
Findings: 1.
2.
Action:
Vote: 5-0
A.W. Johnson, Jr. on behalf of Thrifty Oil Company
101N. Tustin Avenue
Authorization to construct and operate a mini-mart
within the area formerly used as lube bays in an
existing service station.
The proposal is in conformance ~ith the Land Use
Element of the Tusttn Area General Plan.
The proposal will put under-used building area into
productive retail activity and thereby increase the
City's sales tax revenue.
The proposal will improve the site by providing
additional parking availability, additional landscaping
and an attractive face lift for the building.
The applicant has begun implementing measures
mitigate the security concerns of the Police
Department.
The new sign and color accent bending, in con, unction
with a subdued earth tone finish for the building, wtll
aid in enhancing its appearance.
The proposed parking layout shall be revised as
recommended by the Comtsslon and approved by staff to
alleviate putential circulation problems.
Approval of Use Permit 8-4 by the adoption of
Resolution No. 2091.
AYES: Sharp, Atnslle, Puckett, Wetl, White
NOES: None
Planning Commission Action Agenda
May 9, 1983
Page 2
PUBLIC HEARINGS:
None.
PUBLIC CONCERNS:
None.
OLD BUSINESS:
None.
NEW BUSINESS:
1. Proposed Amendment of the Zoning Ordinance Relating to Video
Games
After presentation of the staff report by Or. Fleagle, Acting
CoNmntty Development Director, Hr. White requested clarification of
the wording of the proposed change. After discussion, Mr. White
moved that the proposed mendment be adverttzed to read as follows:
Amusement resorts, arcades and prtvate recreatton
facilities, and video and vending machines and such other
contrivances in excess of ftve (5) which are Incidental to
the principle business.
Action:
Authorize by Minute Order, staff to advertise an
amondaent to the Zoning Ordinance to require a use
pemtt for vtdeo ga~es and similar contrivances.
Vote: 5-0 AYES: Sharp, Atnslte, Puckett, Wet1, White
gOES: gone
Conflict of Interest Code
After presentation of the staff report by Dr. Fleagle, Mr. White
stated be had not received a copy of the document and requested
continuance of the item to the next regular meeting.
Action: Continue the item to the next regular meeting.
Vote: 5-0 AYES: Sharp, Ainslte, Puckett, Weil, White
gOES: None
STAFF CONCERNS:
1. Report on Council Actions May 2, 1983
Staff report received and filed.
Planning Commission Action Agenda
May 9, 1983
Page 3
2. Council/Commission Workshop
Or. Fleagle rem!nded the Commission of the ~orkshop to be held May
23, 1983 at 6:00 p.m. and mentioned t~o 1teas of particular concern:
The mraterlum of professional offtce development tn
commercl al zones.
A new law regarding second units tn residential
districts.
COMMISSION CONCERNS:
Commlsston'~etl stated she and Mr. Puckett had attended an Orange
County Transportation meeting. She also requested Commission
apprnval to conduct research regarding ridership of the Orange
County Transportation buses.
Mr. Puckett thanked staff for following up on his request to
investigation a possible violation of the ordinance regulating
garage sales.
Mr. ~lhite stated he had noticed flags and banners for the recently
approved boat sales business In E1 Camlno Plaza. Or. Fleage replled
that temporary banners were a11o~ed, ~th a permit, and staff would
contact the bustness miner to obtain the necessary permit.
Chatrman Sharp requested that the Ctty Attorney revtew the new state
law previously mentioned regarding second housing untts tn the R-1
district.
ADJOURNMENT At 8:25 to the Council/Commission workshop on May 23,
1983 at 6:00 p.m.
DATE: May 9, 1983
Inter-Corn
CONTINUED PUBLIC HEARING NO. 1
TO:
Honorable Chairman & Planning Commission Members
FROM:
Alan Warren, Senior Planner
SUBdECT: Use Permit 83-4
Applicant:
Location:
Request:
A.W. Johnson, Jr.
101N. Tustin Avenue
Authorization to construct a mini-market within the structure
of an existing service station
RECOt~#DED ACTION
Approval of Use Permit 83-4 by the adoption of Resolution No. 2091
substantially as drafted.
BAC~ROUND
This item has been continued from the April 25, 1983 meeting as requested
by the applicant. The proposal presented by Mr. Johnson on behalf of
Thrifty Oil Company calls for the addition of a mini-market to an existing
self-service gasoline station at the northeast corner of Tustin Avenue and
First Street.
The application has been presented pursuant to City Code Section 9233(r)
which requires use permit approval for service station activities.
Previous actions on this site include:
a. Use Permit 69-310 which authorized a permit to reconstruct and
modernize an existing service station.
b. Use Permit 75-21 which authorized the conversion of the. site from a
full-service gas station to a self-service facility.
DISCUSSIO#
The mini-market will occupy an existing service station structure of
approximately 1,540 square feet. Presently, only a small portion of the
building is being utilized as a cashier's office. The market will be
offering food products, beverages and consumer goods similar to convenience
markets.
Staff has reviewed the site modifications and finds them to be in
conformance with the City's development standards. The proposal provides
for twelve (12) parking spaces to be located along the perimeter planter,
with access via a twenty-foot (20'), one-way drive aisle around the rear of
the structure. A new trash enclosure is to be provided at the rear of the
building. Additional planting areas are provided in the northwest corner
of the site.
Chairman & Commission Members
May 9, 1983
Page 2
The building front is to be upgraded with brick veneer and a store front
entrance with windows. In addition, the windows along the rear and side
building elevations will be removed and replaced with wall area.
The sign plan calls for a 27 square-foot, wall-mount I.D. sign in
conjunction with approximately 87.5 square feet of colored (red, orange,
yellow) accent banding. 'The applicant has submitted color photographs of
another Thrifty Oil station with similar features. Staff believes the
bright color accent banding can be aesthetically acceptable if the
remainder of the structure is finished in subdued earth tones. The
building is presently painted white with bright orange trim. Staff would
suggest beige with dark brown trim.
The Engineering department concerns generally address provisions for public
right-of-way improvements and the payment of district utility fees. The
specifics are contained in the draft resolution which accompanies this
report.
The Police voiced concerns regarding security measures for a' convenience
market close to a freeway on-ramp. However, the applicant has ~ready
begun the process of obtaining a permit for a security alarm system.
FINDINGS & CONCLUSIONS
The property's General plan designation is Commercial and the zoning
classification is Central Commercial. Therefore, the proposal is in
conformance with the Land Use Element of the Tustin Area General Plan
and Section g233(r) of the Tustin City Code.
The proposal will put under-used building area into productive retail
activity and thereby increase the City's sales tax revenue.
The proposal will improve the site by providing additional parking
availability, additional landscaping and an attractive face lift for the
building.
The applicant has started to implement measures to mitigate security
concerns of the Police department.
The new sign and color accent banding, in conjunction with a subdued
earth tone finish for the building, will aid in enhancing its
appearance.
AGW:jh
DEVELOPMENT REVIE~ SLI~ARY
Project:
Locati on/Di stri ct: /C> /
Action: ~)<~E ~_~/~
District Requirement Proposed
Building:
Front Setback
Side Setback
Rear Setback
Gross Square Footage
Net Floor Square Footage
Height
Number of Stories
Materials/Colors
Lot Size
Lot Coverage
Parking:
Number of Spaces
Ratio (space/square footage)
Percent of Compact Spaces
Type
Uses:
Number of Pub)lc Notifications (Owners):
* No Standard
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RESOLUTION NO. 2091
A RESOLUTION OF THE PLANNING AGENCY OF THE
CITY OF TUSTIN, CALIFORNIA, GRANTING CONDITIONAL
USE ~ERMIT ON THE APPLICATION OF A.W. JOHNSON, JR.
TO CONSTRUCT A MINI-MARKET AT 101 TUSTIN AVENUE
The Planning Agency of the City of Tustin, California does hereby
resolve as follows:
I. The Planning Commission finds and determines as follows:
a. That a proper application (Conditional Use Permit
No. 83-4), has been filed on behalf of Thrifty Oil
Company by A.W. Johnson, Jr. to authorize the
development and operation of a 1,540 square foot
mini-market at 101Tustin Avenue in conjunction with an
existing self-serve gasoline station.
b. That a public hearing was duly called, noticed and
held on said application.
c. The Planning Agency hereby makes the following
findings of fact:
1. That establishment, maintenance, and/or operation
of the use applied for will not be detrimental to the
heal th, safety, or morals of the persons residing or
working in the neighborhood of such proposed use, in
that: a) the proposed activity is in compliance with the
use restrictions and application procedures of City Code
Section g233; b) the project is in conformance with
development standards of the City.
2. The establishment, maintenance and/or operation
of the use applied for will'not be detrimental to the
comfort and general welfare of persons residing or
working in the neighborhood of the proposed use in that
the activity is proposed for the correct land use and
zoning classification and shall be developed in a manner
prescribed by the City's development and zoning
provisions.
3. That the establishment, maintenance and/or
operation of the use applied for will not be injurious
or detrimental to property, improvements in the
neighborhood, or general welfare of the City in that the
project will improve and enhance the site and structural
features of the development as evidenced by improvements
noted in the staff report of May g, 1983.
4. That the project is categorically exempt from the
requirements of the California Environmental Quality Act
as specified in Section 15101, Title 14 of the State
Administrative Code.
Resolution No. "091
May 9, 1983
Page 2
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Permit
Tustin
d. Proposed development shall be in accordance with the
development policies adopted by the City Council, Uniform
Building Code as administered by the Building Official, Fire
Code as administered by the Orange County Fire Marshal, and
street improvement requirements as administered by the City
Engineer.
II. The Planning Agency hereby grants a Conditional Use
as applied for to permit construction of a mini-market at 101
Avenue, subject to the following conditions:
1. The project will be provided with eleven {11) parking
spaces with access to be provided by a 20' wide, one-way
drive aisle around the building. The drive aisle will be
appropriately signed and stripped to ensure correct traffic
circulation.
2. A wall-mounted identification sign of twenty-seven (27)
square feet is authorized with color accent bands of red,
orange and yellow as requested. In conjunction with the sign
and accent features, the building will be repainted in beige
with dark brown trim.
3. Compliance with Engineering Department requirements for
the following:
a. Any missing or damaged public improvements shall be
installed or replaced.
b. Installation of marbelite street lights shall be provided
with underground conduit as required.
c. Payment of East Orange County Water District fees as may
be required.
d. Additional Orange County Sanitation District No. 7 sewer
connection fees as may be required.
4. Planting and irrigation plans for all new landscaped
areas shall be submitted to the Planning staff for review and
approval.
5. Final development plans shall require the review and
approval of the Community Development Department.
PASSED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Tustin, California held on the
day of , 19
Janet Hester, Recording Secretary
James B. Sharp, Chairman
DATE:
May 9, 1983
BUSINESS NO. 1
Inter-Corn
TO:
FROM:
SUBJECT:
Honorable Chairman & Planning Commission Members
R.K. Fleagle, Acting Community Development Director
Proposed Amendment of the Zoning Ordinance
RECOP~NDED ACTION
Authorize by Minute Order, staff to advertise an amendment to the Zoning
Ordinance to require a use permit for video games and similar contrivances.
BACKGROUND
As a matter of Council policy, the City has required a conditional use
permit for the installation and operation of more than five (5) video
games.
To avoid ambiguity and codify the existing policy, an amendment to the
Zoning Ordinance is recommended.
PROPOSED AMENDMENT:
1. To amend Section g233 Central Commercial District (C-2) ~o delete
amusemen~ resorts as a permitted use by right and to add to permitted
uses subject to a use permit the following:
Amusement resorts, arcades and private recreation facilities,~
video and vending machines and such other contrivances in
excess of five (3) which are incidental to the principle
business.
2. To amend Section 9235 Commercial District iCG) to add the permitted uses
subject to a Use Permit the following:
Amusement resorts, arcades and private recreation factlities,~,~
video and vending machines~and such other contriviances in
excess of five (~ which are incidental to the principle
business.
RKF:jh
DATE:
TO:
FROH:
SUBJECT:
May 9, 1983
BUSINESS NO. 2
Inter-Corn
Honorable Chairman & Planning Commission Members
Jeff Davis, Assistant Planner ~zL
Planning Commission Conflict of Interest Code
R£COt~ENDED ACTION
It is recommended that the Commission adopt Resolutfon No. 2090 adopting
the Conflict of Interest Code as drafted by the City Attorney.
BACKROUND & DISCUSSION
Section 87300 of the Government Code states that every agency shall adopt
and promulgate a Conflict of Interest Code. Therefore, the attached draft
is submitted for Commission review and adoption. Once the Commission
adopts the Code, the matter will be referred to the City Council as the'
code-reviewing body for.approval.
JSD:jh
DATE:
TO:
APRIL 22, 1983
KEN FLEAGLE,~ACTING CO~UNITY DEVELOPMENT DIRECTOR
Inter-Corn
FROM: JAMES G. ROURKE, CITY ATTORNEY
LYDIA S. LEVIN, DEPUTY CITY ATTORNEY
SUBJECT: PLANNING COMMISSION - CONFLICT OF INTEREST CODE
Enclosed please find a Conflict of Interest Code of the
Planning Commission of the City of Tustin. This Code is almost
identical to the Code currently in effect for the Departments of
the City. Please present this to the Planning Commission for
adoption.
cc: William Huston
Enclosures
LSL:lw:D:4/21/83
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RESOLUTION NO. 2090
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING THE
CONFLICT OF INTEREST CODE OF THE PLANNING
COMMISSION OF THE CITY OF TUSTIN
The Planning Commission of the City of Tustfn does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
A. That pursuant to Goverment Code Sections 87300 et.
seq., the Planning Commission is required to adopt a
Conflict of Interest Code.
B. That the Planning Commission hereby approves the
Conflict of Interest Code as written in Exhibit "A",
attached.
C. That the Conflict of Interest Code as adopted by the
Planning Commission prior to its implementation must be
approved by the City Council of the City of Tustin.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the day of , 1983.
James B. Sharp, Chairman
Janet Hester
Recording Secretary
EX/BIT"A"
Resolution No. 2090
May 9, 1983
CONFLICT OF INTEREST CODE OF THE
PLANNING COMMISSION OF THE
CITY OF TUSTIN APPLICABLE TO
DESIGNATED EMPLOYEES THEREOF
ARTICLE I
Section 1.1 Purpose. Pursuant to the provisions of Govern-
ment Code Sections 87300 et seq., the Planning Commission of the
City of Tustin hereby adopts 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 Severability. 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 affect 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 portioqs
of this Code be declared invalid, unconstitutional and
unenforceable.
Section 1.3 Effective Date. This Code shall take effect
upon its approval by the appropriate Code Reviewing Body. The
previous Conflict of Interest Code, adopted by Resolution No.
77-34, shall be repealed concurrently with the effective date
of this Code.
Section 1.4 Definitions. As used in this Code, unless
the context otherwise clearly 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)
Tustin.
Commission: The Planning Commission of the City of
(c) Consultant: "Consultant" means a position established
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
-1-
a position in which the person providing such information,
advice, recommendation or counsel:
(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 with respect to any
City decision beyond the rendition of information, advice,
recommendation or counsel.
(d) City: "City" means the City of Tustin.
(e) City Clerk: "City Clerk" means the City Clerk of
the City of Tustin.
(f) County: "County" means the County of Orange.
(g) Designated Employee: "Designated employee" means a
person holding a designated position or representing a business
entity which holds a designated position.
(h) Designated Position: "Designated position" means a
position with the Commission specified in Appendix "A'~ attached
hereto. Designated positions may involve the making or partici-
pation in the making of decisions which may foreseeably have a
material effect on a financial interest of the designated
employee holding such position.
(i) Disclosure 'Statements: "Disclosure statements" mean
statements disclosing reportable interests required~by Section
2.1 to be filed by designated employees.
(j) Reportable 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
Section 2.1
(a) Disclosure Statements. Each designated employee
shall file an initial 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 Appendix "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 expanded statement with the Commission
in lieu of filing separate and distinct statements, provided that
each copy of such expanded statement filed in Place 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 designated employees required to file 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 state-
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) Ail designated employees shall file statements of
economic interests with the Code Reviewing 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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Section 2.3
Time of Filing Initial Statement.
(a) Ail persons assuming designated positions after the
effective date of this Code shall file statements within thirty
(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.
Section 2.4 Time of Filing Annual Statements. An annual
disclosure statement shall be filed by April 1st 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 employee 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 Filing of Leaving Office Statements.
Any designated employee who leaves his or her office or position
shall file a disclosure statement within thirty (30) days of the
effective date of leaving the office or position. Section 2.5
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 Categories of Reportable Interests. Reportable
interests are divided into the following categories:
(a) Category I: Interests in Real Property. Interests
in real property are reportable interests if:
(1) the real property to which the interest pertains
is located in part or in whole:
(i) within the boundaries of the City, or
(ii)
within two (2) miles of the boundaries
of the City, or
(iii)
within two (2) miles of land located
outside of the boundaries of the City
which is owned or used by the City; and
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(2) the fair market value of the interest owned
directly, indirectly, or beneficially by the designated employee
or his or her family is greater 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 family
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 or 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 business 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 the real
property interest or option held by the
business entity or trust; and
(4) the principal residence of the filer is not
required to be reported.
(b) Category II: Investment.
entities are reportable if:
Investments in business
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(1) the business entity, including parent
corporations, subsidiary corporations or otherwise related
business entities,
(i)
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
(ii)
does business or plans to do business
within 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 the
designated employee or his or her family is greater than One
Thousand Dollars ($1,000.00); and
(3) the investment either:
(i)
is owned directly, indirectly or
beneficially by the designated employee
or his or her family and constitutes 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,
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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.
EXCEPT: An investment is not reportable if it
constitutes 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 III: Sources of Income.
are reportable if:
Sources of income
(1) the source of income was either:
(i)
a business entity located or doing
business as described in subsection
(b)(1), or
(ii)
an individual residing within the City,
or
(iii)
a non-profit association or corporation
having its principal place of business
within 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 value, 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:
(i).
the designated employee or his or her
family, or
-7-
(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, however,
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 subsection, income of any nature from any
source, including but not limited to any salary,
wage, advance, payment, dividend, interest, rent,
capital gain, return of capital, gift (including any
gift of food or beverage), loan, forgiveness or
payment of indebtedness, discount 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 program
paid by any person other than an employer.
INCOME DOES NOT INCLUDE:
(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 of 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, grandparent, grandchild, brother, sister,
parent-in-law, brother-in-law, sister-in-law, aunt,
-8-
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, interst or any other return
on a security which is registered with the Securities
and Exchange Commission of the United States
Government;
(9) redemption of a mutual fund;
(10 alimony or child support payments;
(11 any loan or loans 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;
-9-
(14) income from a source which is a former
employer if: all income from the employer was
received 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 Drevious 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 Statements; Category I.
Disclosure statements required to be filed for reportable
interests specified in Category I shall contain the following
information:
(a) The address or other precise location of the real
property;
(b) A statement of the nature of the interest in the
real property;
(c) A statement of whether the fair market value of the
intererst 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);
(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 the principal
residence of the filer.
Section 2.8 Content of Disclosure Statements; Category
II and Related Categories. Disclosure statements required to
be filed for reportable interests specified in Category II shall
contain the following information:
(a) The name and address of the business entity in which
each investment is held;
(b) A general description of the business activity in
which the business entity is engaged;
(c) A statement of the nature of the investment;
-10-
(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 (Si0,000.00), 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
(g) 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 Statement; Category
III and Related Categories. Except 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 in
value, or Fifty Dollars ($50.00) or more in value if the
income was a gift;
(b) A general description of the business activity, if
any, of each source;
(c) A statement whether 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 ($10,000.00),
or whether it was greater than Ten Thousand Dollars ($10,000.00);
(d) A description of the consideration, if any, for
which the income was received;
(e) In the case of income constituting a gift, the amount
and the date on which the gift was received;
(f) In the case of a loan, the annual interest rate and
the security, if any, given for the loan;
-11-
(G) In the case of income of a business entity, in which
the designated employee or his or her family owns a ten percent
(10%) interest or more;
(1) name and address and a general 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 covered by the disclosure statement being filed.
(h) Management Position Disclosure. When management
positions are required to be reported, a designated employee
shall list the name and address of each business entity in
which he or she is a director, officer, partner, trustee,
employee, or in which he or she holds any position of management,
a description of the business activity in which the business
entity is'engaged, and the designated employee's position with
the business entity.
(i) Acquisition or Disposal During Reporting Period. In
the case of an annual or leaving office statement, if 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 acquisition
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
DISQUALIFICATION
Section 3.1 General Rule. Designated employees have a
conflict of interest and shall disqualify 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 public 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 purposes of this Section.
-12-
Section 3.2 Making Governmental Decision; Actions Included.
A designated employee makes a governmental decision within the
meaning of this Article, when he or she, acting within the
authority of his or her position:
(a)
(b)
(c)
action;
(d)
Votes on a matter;
Appoints a person;
Obligates or commits the Commission to any. course of
Enters into any contractual agreement on behalf of
the City; or
(e) Determines not to act, within 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 supervisor or appointing power, as
appropriate.
Section 3.3 Participating in Decisions; Actions Included.
A designated employee participates in the making of a governmental
decision within the meaning of this Article, when he Or she,
acting within the authority of his or her position:
(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
substantive review by:
(1) Conducting research or investigations which
require the exercise of judgment on the part of the designated
employee and the purpose of which is to influence the decision;
or
(2) Preparing or presenting any report, analysis
or opinion, orally or in writing, which requires the exercise
of judgment on the part of a designated employee, and the
purpose of which is to influence the decision.
Section 3.4 Making or Participating in Decisions; Actions
Excluded. Making or participating in the making of 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;
-13-
(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 emDloyment
or contract.
Section 3.5 Material Effect on Financial Interest. A
designated employee has a financial interest in a decision if
it is reasonably foreseeable that the decision will be signifi-
cant within 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 position of
management, the effect of the decision will be to increase or
decrease:
(1)
(~)
(ii)
The annualized gross revenues by the lesser of:
One Hundred Thousand Dollars ($100,000.00)'
or more; or
One percent (1%) if it is One Thousand
Dollars ($1,000.00) or more; or
(2)
(3)
(i)
(ii)
Annual net income by the lesser of:
Fifty Thousand Dollars ($50,000.00); or
One-half (1/2) of one percent (1%) if
it is One Thousand Dollars ($1,000.00)
or more; or
Current assets or liabilities by the lesser of:
(i) One Hundred Thousand Dollars ($100,000.00);
or
(ii)
One-half (1/2) of one percent (1%) if it
is One Thousand Dollars ($1,000.00) or
more.
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 direct or indirect interest
in real property of One Thousand Dollars ($1,000.00) or more
-14-
held by a public official, the effect of the decision will be
to increase or decrease:
(1) The income-producing Dotential of the Droperty
by the lesser of:
(i)
One Thousand Dollars ($1,000.00) per month;
or
(ii)
Five percent (5%) per month if it is
Fifty Dollars ($50.00) or more per month;
or
(2)
lesser of:
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 decision will be to directly
increase or decrease the amount 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 the 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 affected in a manner
described in subsection (1) above; or
(4) If the source of income is not a business
entity, 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.
(a) Mandatory Posting of Notice of Action Taken. If a
designated employee disqualifies himself or herself from the
making of a decision, or participating in a decision, upon a
particular subject, and if the Commission subsequen'tly 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) Discretionary ~osting of Notice of Action. In the
event that the Commission commits itself to 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) Request for Reconsideration: Time of Filing; Eff%ct
of Failure to File. In the event that a Notice has been posted
pursuant 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) Reconsideration Upon Filing of Request Therefor. In
the event that a request is filed with the 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 uncertain 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 in this Section requires the City Attorney
to issue such an opinion.
Section 4.2 Reliance on Legal Opinion. If the designated
employee truthfully discloses all material facts, an opinion or
written advice 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 facts to the City Attorney
of the City, and an opinion is issued in writing by the City
Attorney of the City, stating in full the facts and the law
upon which the opinion is based, compliance by the designated
employee with such opinion may be evidence of good faith in any
civil or criminal proceeding brought pursuant to the provisions
of the Political Reform Act of 1974 or ~his 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 based upon disqualification 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-
APPENDIX A
DESIGNATED POSITIONS
DESIGNATED EMPLOYEES
Planning Commissioners
CATEGORIES
OF DISCLOSURE
I, II~ III
APPENDIX B
FORM 730
Statement of Economic Interests
For Designated Employees
Important Notice to Filers: The Political Reform Act is intended to prevent conflicts of interests by requiring public officials
such as yourself to discJoee fnanciat interests which couJd foreseeabJy cause conflicts. ~n addition, as a public official, you
may be required to disqualify yourself from making, participating in, or attempting to influence any governmental decision
which will affect your financial interests, incJuding 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 Public Officials explains
what a conflict of interest is. and when disclualification is required by law. Failure to file your Statement before the filing
deadline may resuJt in penalties Including but not limited to late fines,
NAME
STAT~ DEPARTMENT ANO UhIT OR LOO~ AGENCY
IPOSmON
MAILING AJ:~RESS
Check: the appropriate box(es):
TF_LF_PHONE NUMBF...R
INIT1AL STATEMENT: The Conflict of Interest Code for your agency becomes effective on . You must file a
Statement within thirty days after this date disclosing your reportable interests held on this date. You are not reduired to disclose in-
come, gifts or loans on this Statement.
ASSUMING OFFICE STATEMENT: You have assumed office on
~'] Position subject to State Senate con£u'matior. 51e thirty days after appointment or nomination.
~ All other positions---file 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, througt~ December 31,
disclosing all reportable interests
LEAVING OFFICE STATEMENT: You are leaving or have left your position on and must file a Statement
within thirty days of that date. You must disclose all reportable interests heJd or received during i:he ~eriod from January
1. through the date you left office.
CANDIDATE STATEMENT: You are a candidate for elective office. You must disclose all reportable interests, other than income, gifts
and loans, held on the date you filed nomination pal~ers. You must,,,~'- '":-.,,~ Statement no later ',hen ~,he ,,not': - ,,,~ng':" Gate of a d~,.,,~, ~--~'"~:~ ...... ~
candidacy.
The Folluwing Summary Must Be Completed By ~11 Filers
(Do not complete this summary until you have reviewed all schedules and
the instructions on the reverse side of each schedule carefully,)
SCHEDULE A--investments
[] Schedule completed and attached [] No reportable interests
SCHEDULE B---Interests in Real Property
[] Schedule completed and attached [] No reportable interests
SCHEDULE C Interests in Real Property and investments Held by Business Entities or Trusts
[] Schedule completed and attached [] No reDortable interests
SCHEDULE D--4ncome (other than Gifts and Loans)
Schedule not applicaDle to my
disclosure category
] Schedule not applicable fo my
disclosure category
Schedule not applicable to my
disclosure category
~ Schedule completed and attached
SCHEDULE E---Loans
r-~ Schedule completed and attached
SCHEDULE F---Gifts
~ Schedule completed and attached
' bCHEDULE G---Business Positions
] Schedule completed and attached
] r-"l Schedule not applicable to this type of
No
reportable
interests
statement or to my disclosure category
I'--'1 F--~ Schedule not applicable to this type of
No
reportable
interests
statement or to my disclosure category
] C'~ Schedule not applicable to this type of
No
reportable
interests
L.-J
statement or to my disclosure category
[] No reportable interests [] Schedule not applicable to this type of
statement or to my disclosure category
SCHEDULE H--4ncome and Loans to.Business Entities
[] Schedule completed and attached []
No reportable interests
I"'"[ Schedule not applicable to my
disclosure category
Note: Filers 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.
VERIFICATION
I declare under penalty of perjury that 1 have used all reasonable diligence in preparing 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 recluired by this form is mandatory, is required by the provisions of the Political'Reform Act, Government
Code Section 81{300 et seq., and will be available to any member of the public upon request. This information is to be used to
reveal to public scrutiny certain financial interests of public oft'~ciaJs and employees in order to d~scJose potential conflicts of
interests and to aid in the prevention of actual conflicts of interests.
Schedule A-- Investments
You must report investments in business entities, of the type described in your disclosure category, located in, or doing
business 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. For each investment indicate both the value and the ownership interest in the boxes provided.
vN.u~
I--'1 s~ om -sm,om
[~] $~o,om - s~oo,ooo
[] O~r
interest
10% o~' gmamr
VAJ. U~
[] $1 001--$10,000
[] $10,001~$100,000
r~J ov~ s100,0~0
interest
'~ J"'--J 10% m, gmmm'
V.a, LL~
[] $1 001
~ ~10,~1 - $1~,~
v~
lnt~t
v~
~ ~ $1~,~
v~
~ ~ 10%
* If you have checked this box, you may have to report your pro rata share of the gross income to, or the interests in real
property 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.
See l~o~s o~ R ev~-se
Schedule A ~ Investments
Your "immediate family" means yourself, your spouse, and your dependent chi/alters.
An "investment" is any financial interest in a business entity. The most common kinds of investments are corporate stocks
and bonds, interests in partnerships, and sole proprietorships. You do not have to report investments in bank accounts,
~nsurance policies, government bonds, interests in oiversi~ied mutual funds registered with the S.E.C. under the Investment Act
of 1940 or interests in common trust funds created pursuant to Section 1564 of the Financial Code. If you are a beneficiap/or
maker of a trust, consult the detailed instruction Manual or your agency's legal counsel or filing otficer.
A business entity is in the jurisdiction if it or a related business entity:
--.is Ioca[ed or resides in the jurisdiction.
----Opes business in the jurisdiction.
---Plans to do business in the jurisdiction.
---Has done business in the jurisdiction within the previous two years.
---Has an interest in real property in the jurisdiction.
Schedule B ~ Interests in Real Property
You must report interests in the types of real property described in your disclosure category, located in your agency's
jurisdiction, in whictt you and your immediate family had an aggregate interest o~ more than $1,000 during the reporting
period. You do not have to report your principal place of residence.
STREET ADOR~SS OR PR~_~'~= LOCA'I3ON OF PROP~.Rh'
NATURE OF ~%rTEREST. E.G.. EQUil'Y. OPTION
[] ACO~RED DATE
ST/iF. ET ADORES~ OR PRECP. SE L(3C.,A?ION OF PROPERTY
NATURE OF INTEREST. E.G.. ECX.ITY. OPTION
E~ AC~:3U~RED DATE
[] ~GOU~rr~ DATE
F ~AC_.~ DATE
STRI~-T A~C~E~ OR PREC.,JF~ LOCATION OF
STREET AC}CRES~ OR PF~CISE LOCATION OF PROPEJRTY
NATUR~ OF INTEREST. E.G.. EQUITY, CPTX3N
VALUE [] S1,001- $I0.000
[] S 10,OO1 - $1OO.OOO
[] Over
R~ntal Proo~ly ~] Lesstttan 10%
O*~rs~ ~mres~ is: ~ 10% or greater
VALt.~ [] $1.O01- $10.OO0
[] $10.OO1 - S ~OO.OOO
[] Over $100.OOO
R~ ~ooe~ [] Lessthan 10%
VALUE [] $1.001 - $10,OOO
[] $10,001 - SlO0.O00
[] Over $1OO,O00
R~m ~ [] Lesst~'mn 10%
VALUE [] $1,001 - $10.OOO
[] $10,001-$1OO.0OO
[] Over $100.000
Rental IWooe~y [] Less tt~n 10%
VALUE [] $1,001-$10.000
[] $10,OO1- SlOO.OOO
[] Over SlOO.O00
R~ta~ ~moe~w [] Less t~an 10%
VALLE [] $1.OO1--$10.0OO
[] $10.OO1--$100.O00
[] Over $1oo,000
Rental ~ooeny [] Lessthan 10%
if you have checked th~s 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 (it $10,000 or more) on Schedule H.
See Instructions on Reverse
Schedule B e Interests in Real Property
"Interests in real property" include ownership interests, options to purchase, and leasehold interests if ten years or more
remain on the lease. The value of a leasehold interest is the total amount ot rent owed by you during the reporting period. An
interest in reaJ property is not reportal31e if it is your principal piece of residence. However, if your principal place of resiclence
also is a place of business, e.g., a family farm or retail business, you are required to disclose that portion of the property
whict3 is useCJ in connection with your business activities.
An interest in real property is in the jurisdiction of a local agency if it is located in or within two miles of the jurisdiction of the
agency, or if it is located in or within hvo miles of any land owned or used by the agency. An interest in real property is located
within the jurisdiction of a state agency if it is located anywhere within the State of California.
Schedule C w Interests in Real Property and Investments Held by Business Entities or Trusts
During the repOrting 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 complete this schedule.
[] 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 complete this schedule.
[] Yec You must report such interests in real property or invesb'nents owned by the business entity or trust if:
a) Your pro rata share in any interest in realproperty is more than $1,000 and the real property is located in
your jurisdiction (report this on Schedule C-1 below); or
b) Your pro rata share of any investment is more than S1,000 and the investment is in a business entity
located in, or doing business in, your jurisdiction (report this on Schedule C-2 on reverse).
This reporting requirement applies regardless of where your business entity is located or doing business.
Schedule C- 1
Interests in Real Prope'rty
[] A~ I DATE
I
NATURE (~F ~[TEREST, E.~, E~Jr~Y. C~aTX:)N
[] AC(~J~D IDATE
!
ETREET A~GRESS Off t:~:IEC~E LOCATION OF
NAT1.R~ ~ I~"F..R~c~T, E.G.. EC3JFI'Y, ~
[] A~ IDA'rE
I
[] ~O~F_.D
See Instructions and Schedule C-2
on Reverse
VALUE
VN.UE
VALUE
VALUE
[] $1,001--$10,000
[] $10,001--S 100,000
[] Over $100,000
[] $1,001--$10,000
[]
[] Over
[] $t001-$~0.000
[] s 10,o01-S100,0O0
[] Over S100,000
[..j $1,001-$10,000
[]
[] Over $100,000
ScheduLe C-2
Investments
[3SPOS~D
,U~TUR~ OF m.'V~.STMENT, E.G.. COMMON STOCK,
G~\~RN. I3ESC, FaPllON OF BUS.ESS AC31V/TY ~.~
NATURE Q~ iN'VESTMENT, E,G., COMMON STOCK, pARTI~RS~-~ I~rTEREST, ETC.
GENERAL DESC~IPTX3N OF BUS~SS ACTN~TY
I DATE
I
I
I OATE
I OATE
I
I
DATE
VALUE
VALLE
VALU~
VALUE
[] $1,0~ 1-$10.000
[] $10,001-$100,000
[] Over
] $1,001-$10.000
$ I0.00 I-~ I00.000
[] O~er S100.000
[]
[] $10.001.-~1~0.000
[~} Ove~ $100.000
[] $1,001.-*$10,000
[] $10.001-$100.000
[] Over $100.000
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 recluired
for any investment or interest in real property listed on Schedule A or B. If you are a beneficiary or maker of a tn~st, consult the
detailed Instruction Manual or your agency's ;egal counsel or f~ing officer.
To determine your "pro rata share" of an interest in real property or investment held by a business entity, multioly the value of
the interest or investment by the percentage of the business entity owned by you and your immediate family.
Schedule D ~ Income (Other than Gifts and Loans)
You must report your gross income (other than gifts and loans) and your communffy 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 federal, state and
local government agencies. (See instructions on reverse for other types of income which are not reportable,)
AMOUNT
AMOUNT
[] $250--Sl.000
[] Sl.001-$10,000
[] Over $10,000
[]
[] $1.001-$10,000
] Ova-
[] $250-$1.~00
[] $1.001~$10,000
[] Over $10.000
[] $250-$1,00C
[] $1,001--$10,000
[] Over $10.000
[~ $250-$1,000
[] Sl,001~$10,000
[] Over $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 proceeds from sales, including
sales of a house or car. Income includes your community property share of your spouse's income.
You do not have to report salad/ and reimbursement for expenses or per diem received from a state, local or federal
government agency; d~dends, interest or other returns on a secudty registered with the $.E.C.; payments under an
insurance policy;, interest on bani( accounts or bonds; income of dependent children; alimony or child support payments;
redemption of mutual funds; bequests or inheritances; or any payments received uncler a c~efinea 13enefit pension plan
qualified under Internat Revenue Code Section 401(a}. If you or your spouse is a beneficiary cr maker Pt a trust, consult the
detailed Inst~'ucfion Manual or your agency's legal counsel or filing officer.
If you and your immediate family own an aggregate interest of 10% or more in a business entity, or in rental !3roperty, you
must report your pro rata share of the total gross income to the business entity, or the total gross rentals from the rental
property, on this schedule, if the gross income or gross rentals are received from a source of income covered by your
disclosure category, in computing your pro rata share, include your community property interest in ,/our spouse's share of the
total gross income or total gross rentals.
You must report any salary, commission, distribution or other payment to you or your spouse from any business entity of the
type covered by your disclosure category, whether or not you have a 10 % ownership interest in the entity,
Income to a business entity should be reported on Schedule H.
Loans and gifts are also income, and should be reported on Schedules E and F.
Schedule E-- Loans
YOu must report loans aggregating $250 or more which were received or were outstanding during the reDorting Deriod from
any source of income covered by your disclosure category located in, or doing business in, your agency's jurisdiction. Loans
from family membara do not have to be reported. (Rel3ort loans to business entities on Schedule H.)
ADI:~RESS OF LEr~3ER BALANCE
--"--] $1,001--$10.000
~USa,~=SS ACTnm'Y OF ~ r-~ over $10,00o
N~OF
" HIC_~-ESTNVOJI~rr OF ~
ADDRESS OF LEN~ BALANCE
[~] $1.001--$10,000
aus~_ss ACTIVrI'Y OF ~ ~ Over $10,000
I E~rmE LOAN ~ ~ =.~ST RATE
SECURtTY FOR LOAN ~ N~ REP< ~ F'"""] NONE
AMOUNT O~ ~ $250--S1.000
HIGHEST
ADORE.~ OF LENi3ER I~CE
[""---~ $1.001-$10,000
~JS~ ACTNn'Y OF LENI3~R ~ Ove~$1n.o00
SECURITY FOR LOAN ~ NONE I EN3~E LO~U~ ~ i~lt:~EST RATE
R~,M3 ~ NONE
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. Gifts from family members do not have to be reported.
NAME OF DONOR
AD--SS O~ DONOR
DATE(S) OF C~FT(S)
VALUE OF GIFT(S)
DESCRIPTK~N OF G~"T(S)
DATE(S) OF GIFT(S)
VALUE OF G~FT(S)
DESCRIPTION OF GIFT(S)
DATE(S) OF GIFT(S)
VALUE OF G~FT(S)
DESCRIPTION OF GIFT(S)
See Instructions on Reverse
Schedule E t Loans
You must report all loans (including your community prooerty interest in loans to your spouse) which were received or
outstanding during the reporting period at the highest amount owed during the rel3orting pedod. You do not have to reoort
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 I:)lace of residence; or
(2) Aggregate less than $10,000 from any one lender, including indebtedness arising from retail instaJlment or credit
transactions.
You do not have to report loans from family members.
Schedule F ~ Gifts
You do not have to report gifts of food. drink or lodging provided in another individual's home; gifts approximately equal 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, pamphlets, reports, calendars or periodicals; 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 bec~uest or inheritance.
You must report all other gifts of $50 or more from any individual or entity that {s a source of income covered by your
discJosura category, whether or not the donor resides in, is located in. or doing business within the jurisdiction.
Schedule G -- Business Positions
If you were a director, officer, partner, trustee, employee or held any position of management during the reporting period in
any business entity of the type covered by your disclosure category, you must complete this schedule, ti' your position com-
menced or terminated during the reporting period, indicate the date on which this occurred.
See instructions on Reverse
Schedule G t Business Positions
Note: Some Conflict of In. terest Cocles require reporting business positions in non-profit corporations. Refer to your disclosure
catego~/to see if this al3131ies to you.
Schedule H -- Income and Loans to Business Entities
(Including Rental Property)
During the reporting period did you an0 your spouse own an aggregate interest of 10% or more in any business entity
(including rental property)?
[] N~You do not need to complete 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 entity during the reporting period; if
Your pfc rata share of the gross amount of such payments (inclucling your community Drol3ert,/ interest in your
spouse's share) was $10,0Q0 or more.
This reporting requirement applies regarctlesa 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 disqualification
provisions of the Political Reform Act are applicable,
NAME OF SL~W~ EN37fY
C~5C~ OF BUS,tNESS ACTIVITY OF BUS~E~ ENTITY
N.~ES OF SOURCES OF ~7-.,OME AND LOANS 3'0 7HE BUS'ESS EN3TrY
NAME OF
DE~CRI~F~ON
NAMES OF S4~U~IC~ OF I~C..~ME ANO LO.a~S TO THE BUSIN~.~ E~ITFI~
ADI~RE~ OF BUSiN~ ~NT~TY
See Instructions on Reverse
Schedule H m Income and Loans to Business Entities
(Including Rental Property.)
FPPC Regulation 18740 contains information regarding exemption of clients' names from disclosure pursuant to a legally
recognized privilege under California law. You may obtain a cody of Regulation 18740 by contacting the Fair Political
Practices Corn. mission.
APPENDIX C
NOTICE OF ACTION TAKEN
NOTICE IS HEREBY GIVEN that the Commission has committed
itself to the following course of action:
NOTICE IS FURTHER GIVEN that in the event that any person
desires the Commission to reconsider, or disapprove of, said com-
mitment 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 shall be submitted to the Secretary
Of the Commission within thirty (30) days of the date hereof.
Dated:
By
Secretary