has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interest (defined below).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Calimesa as follows:
SECTION 1. The Calimesa City Council adopts Resolution 2022-55, A Resolution of the City Council of the City of Calimesa, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the County Line Road and Calimesa Boulevard Improvement Project (A Fee Simple Interest in APN 411-080-015).
SECTION 2. The City seeks to acquire by eminent domain the real property interests described below in Section 3 of this Resolution for public use, namely public street, highways and related purposes, and all uses necessary or convenient thereto in connection with the County Line Road and Calimesa Boulevard Improvement Project (“Project”) pursuant to the authority conferred on the City of Calimesa to acquire real property by eminent domain by Section 19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650, and by other provisions of law.
SECTION 3. The City seeks to acquire an approximate 17,860 square foot full property fee simple acquisition, and improvements thereon, of the real property located at 625 W. County Line Road, Calimesa, and identified as Riverside County Tax Assessor’s Parcel Number 411-080-015 (“Subject Property” or “Gayle Parcel”) in connection with the Project. The Subject Property is described more particularly in Exhibit “A” and depicted on Exhibit “B”, which are attached hereto and incorporated herein by this reference.
SECTION 4. The environmental effects of the acquisition of the Subject Property were studied as an integral part of the environmental review for the Project. In connection with the proposed Resolution of Necessity, on October 3, 2022, City staff reviewed the environmental documentation prepared in connection with the Project.
Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under which the Project is undertaken, and that the City has obtained no new information of substantial importance that would require further environmental analysis.
These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property.
SECTION 5. The Project, as planned and designed, is in the public interest and necessity and is needed to improve traffic circulation and efficiency in this area of the City as more fully explained below:
A. The proposed Project will construct a roundabout at the intersection of County Line Road and Calimesa Boulevard. As a part of the proposed Project, the City will widen portions of the road to the intersection, remove existing traffic light signals and replace them with a roundabout, and complete minor sidewalk and drainage improvements, as required. The proposed improvements include but are not limited to curb and gutter, sidewalks, ADA ramps, traffic striping, drainage, and storm drain improvements. The proposed improvements will align with the improvements being constructed for the County Line Road Transportation Corridor Project, which is currently under construction. All work is consistent with the City’s General Plan of Circulation.
B. The proposed Project will reduce the traffic congestion along County Line Road and improve ingress and egress for adjoining properties and side streets. Accordingly, the Project will benefit the residents and businesses of the City and the community as a whole.
C. The Project, as planned and designed, is consistent with the Circulation Element of the General Plan. The City seeks to acquire the Subject Property for public use, namely public street, highways and related purposes, and all uses necessary or convenient thereto in connection with the Project. The City seeks to construct the Project to improve capacity, circulation, and enhance safety pedestrians and bicyclists. The Project will improve vehicular traffic circulation and long term efficiency. Additionally, roundabout intersections introduce significant intersection safety enhancements for both pedestrians and vehicles and represents a cost savings to the City when considering the long-term maintenance costs associated with traffic signal equipment and utility costs. Because the intersection of County Line Road and Calimesa Boulevard is located on the boarder of the Cities of Calimesa and Yucaipa, both Cities plan to partner to complete the improvements. The Project will mutually benefit the Cities of Yucaipa and Calimesa.
D. The Project was planned and located to minimize the impact on t’he adjacent properties. The Project requires the acquisition in fee of one parcel and permanent easements over portions of two additional parcels owned by private property owners in the City of Calimesa. The construction of the Project will likely result in the displacement of persons and personal property in connection with commercial activity. As a result, commercial relocation assistance may be needed. The City will coordinate the construction with the owners of the property interests required for the Project to minimize the impact of construction on the parcels. Based on the timing of the Project, it is necessary that the City consider the acquisition by eminent domain of the Subject Property.
SECTION 6.
A. Pursuant to Government Code Section 7260 et seq., the City of Calimesa obtained a fair market value appraisal of the Gayle Parcel which the City seeks to acquire for public use, namely public street, highways and related purposes, and all uses necessary or convenient thereto.
B. The City set just compensation in accordance with the appraised fair market value, and extended a written offer on August 11, 2022 to the property owners, Troyce Lee Gayle, Jr. and Darnell Gayle, and Kristy L. Cummings, as well as Mr. and Mrs. Gayle’s attorney. The fair market value appraisal used a date of value of July 8, 2022.
C. The City’s written offer included an informational pamphlet describing the eminent domain process and the record owners’ rights under the Eminent Domain Law. In accordance with Government Code Section 7267.2, the City’s written offer contained a written statement of, and summary of the basis for, the amount it established as just compensation. The offer set forth the date of value utilized by the appraiser and explained the appraiser’s opinion of the highest and best use of the Subject Property. It explained the applicable zoning and General Plan designation of the Subject Property. The City’s offer also summarized the principal transactions relied on by the appraiser to arrive at the appraiser’s opinion of value. In addition, the written offer explained the appraiser’s valuation analysis. It included the City’s comparable market data relied on by the appraiser. Further, the City offered, pursuant to Code of Civil Procedure Section 1263.025, to pay the record owner the reasonable costs, up to $5,000.00, for an independent appraisal of the Subject Property.
SECTION 7. The City provided written notice to the owner of record, pursuant to Code of Civil Procedure section 1245.235 of the City Council’s intent to consider the adoption of a Resolution of Necessity for the acquisition of the Subject Property by eminent domain.
SECTION 8. The public use for which the City seeks to acquire the Subject Property, namely public street, highways and related purposes, and all uses necessary or convenient thereto, will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the area (Code of Civil Procedure Section 1240.510). Further, the Project may require the relocation of several utilities to the proposed new right-of-way area. The public use for which the City seeks to acquire the Subject Property, namely public street, highways and related purposes, and all uses necessary or convenient thereto, is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which public utility easement holders have appropriated any utility easements located in the area of the Subject Property that are affected by the Project. Accordingly, the City is authorized to acquire the Subject Property pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650.
SECTION 9. Based on the evidence presented at the hearing regarding the Project, including the Agenda Report and documents referenced therein and any oral and written testimony at the hearing, the City Council hereby finds and determines that:
A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury;
C. The Subject Property described more particularly in Exhibit “A” and depicted on Exhibit “B” hereto, is necessary for the Project; and D. The City has made the offer required by Government Code Section 7267.2 to the record owner of the Subject Property the City seeks to acquire.
SECTION 10. The findings and declarations contained in this Resolution are based upon the record before the City Council, including the Agenda Report and all documents referenced therein, all of which are incorporated herein by this reference, and any testimony and/or comments submitted to the City by the record owners and or the owners’ representative(s). These documents include but are not limited to the City of Calimesa General Plan, the offer letter sent to the owner pursuant to Government Code Section 7267.2, the notice to the record owner pursuant to Code of Civil Procedure Section 1245.235 of the City’s intent to consider the adoption of the Resolution of Necessity, Street Improvement Plans for the Project, and the Mitigated Negative Declaration for the Project.
SECTION 11. The City Council of the City of Calimesa hereby authorizes and directs the City Attorney’s Office to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire a fee simple interest in the Subject Property for the Project. The Subject Property is described more particularly on Exhibit “A” and depicted on Exhibit “B” hereto.
SECTION 12. The City Council of the City of Calimesa hereby authorizes the City Manager to execute all necessary documents in connection with the eminent domain proceeding.
SECTION 13. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 3rd day of October, 2022. ________________________________
WILLIAM DAVIS, MAYOR
ATTEST:
___________________________________
DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
____________________________________
QUINN BARROW, CITY ATTORNEY
Exhibit “A”
EXHIBIT "A"
LEGAL DESCRIPTION
Order No.: 1704070
Escrow No.: 1704070
The land referred to herein is situated in the State of California, County of Riverside, City of Calimesa and described as follows:
Lot 209, as shown by Map of resurvey of part of Subdivision 9 of a part of Yucaipa Valley, in the City of Calimesa, County of Riverside, State of California, as per Map recorded in Book 10 of Maps, Page 32, in the Office of the County Recorder of said County.
Excepting therefrom that portion described as follows:
Beginning at a point on the center line of County Line Road; 105 feet Westerly from the intersection of the County Line Road with the Ocean to Ocean Highway; thence on the center line of County Line Road, South 89 degrees 7 one-half minutes West 100 feet; thence South 0 degrees 52 one-half minutes East 80 feet; thence North 89 degrees 7 one-half minutes East 100 feet; thence North 0 degrees 52 one-half minutes West 80 feet, to the point of beginning;
Excepting therefrom the West 200 feet;
Also excepting therefrom that portion conveyed to the State of California by Deed filed for record April 9, 1962 aslnstrument No. 32060, described as follows:
Beginning at a nail in oil pavement, marking the Northwest corner of said Lot 209; thence along the North line of said Lot 209, being also the center line of County Line Road, as shown on said map, North 89 degrees 07 minutes 50 seconds East 244.40 feet; thence South 0 degrees 52 minutes 10 seconds East 30 feet; thence along a non-tangent curve concave Southerly, with a radius of 970 feet, from a tangent bearing South 89 degrees 7 minutes 50 seconds West, through an angle of 14 degrees 38 minutes 50 seconds a distance of 247.97 feet, to the West line of said Lot 209, distant along said West line South 0 degrees 02 minutes 48 seconds East, 61.53 feet from the point of beginning; Also excepting therefrom all water percolating through or otherwise lying or flowing on or under the surface of said land.
Also excepting therefrom that portion as conveyed to the County of Riverside by deed recorded March 13, 1974 as Instrument No. 29061.
APN: 411-080-015
(End of Legal Description)
EXHIBIT "A"
LEGAL DESCRIPTION
Order No.: 1704070
Escrow No.: 1704070
The land referred to herein is situated in the State of California, County of Riverside, City of Calimesa and described as follows:
Lot 209, as shown by Map of resurvey of part of Subdivision 9 of a part of Yucaipa Valley, in the City of Calimesa, County of Riverside, State of California, as per Map recorded in Book 10 of Maps, Page 32, in the Office of the County Recorder of said County.
Excepting therefrom that portion described as follows:
Beginning at a point on the center line of County Line Road; 105 feet Westerly from the intersection of the County Line Road with the Ocean to Ocean Highway; thence on the center line of County Line Road, South 89 degrees 7 one-half minutes West 100 feet; thence South 0 degrees 52 one-half minutes East 80 feet; thence North 89 degrees 7 one-half minutes East 100 feet; thence North 0 degrees 52 one-half minutes West 80 feet, to the point of beginning;
Excepting therefrom the West 200 feet;
Also excepting therefrom that portion conveyed to the State of California by Deed filed for record April 9, 1962 asInstrument No. 32060, described as follows:
Beginning at a nail in oil pavement, marking the Northwest corner of said Lot 209; thence along the North line of said Lot 209, being also the center line of County Line Road, as shown on said map, North 89 degrees 07 minutes 50 seconds East 244.40 feet; thence South 0 degrees 52 minutes 10 seconds East 30 feet; thence along a non-tangent curve concave Southerly, with a radius of 970 feet, from a tangent bearing South 89 degrees 7 minutes 50 seconds West, through an angle of 14 degrees 38 minutes 50 seconds a distance of 247.97 feet, to the West line of said Lot 209, distant along said West line South 0 degrees 02 minutes 48 seconds East, 61.53 feet from the point of beginning; Also excepting therefrom all water percolating through or otherwise lying or flowing on or under the surface of said land.
Also excepting therefrom that portion as conveyed to the County of Riverside by deed recorded March 13, 1974 as Instrument No. 29061.
APN: 411-080-015
(End of Legal Description)
Exhibit “B”
THIS ROTAS PREPARES FOR ASSESSMENT PURPOSES CULT. NO LIABILITY
IS AWNED FOR THE ACCURACY OF TNT DATA VOIL ASSESSOR'S PARCEL MAY N3i COWRY VITA LOCAL LOT-SPLIT 01 BUILD NO SITE ORDINANCES.
OITA: CO. A.R. 240-8-1
ASSESSOR'S RAP BK411 PG.68
Riverside Connie. Calif.
POR.N 14 T.2S.,R.2W
CITY OF CALINESA
NB 9/3 PART OF SUB. 9 OF A PORT )1 YUCAIPA VALLEY
Ita 10/32 PART OF SUB. 9 OF A PORT OF YUCAIPA VALLEY
PM 8/30 PARCEL MAP NO 5047 APR 0 5 2001
PM 135/34-35 PARCEL MAP NO 17099
licr 2001
15-4-1
411-08
i-1
EX
cmvu,--Tmcmin
NammomMillion
SZEIMEDEMIDD
VMEmOommmilin
VomminnimmEM
mumminummom
NImmomammen
PLAT MAP PLAT MAP
Successor Agency to the Calimesa
Redevelopment Agency Meeting
Agenda Report
CSA Agenda Item No. 1
SUBJECT: APPROVAL OF THE SUCCESSOR AGENCY TO THE CALIMESA
REDEVELOPMENT AGENCY MEETING MINUTES
MEETING DATE: October 3, 2022
PREPARED BY: Darlene Gerdes, Agency Secretary
RECOMMENDATION: That the Board of Directors approve the action minutes as presented for the Regular Successor Agency to the Calimesa Redevelopment Agency Meeting of September 19, 2022.
ATTACHMENTS:
Attachment A: Successor Agency action minutes of September 19, 2022 regular meeting.
Minutes of the Regular Meeting of the Board of Directors of the Successor Agency to the Calimesa Redevelopment Agency
September 19, 2022
Minutes of the Regular Meeting of the Board of Directors of the Successor Agency to the Calimesa Redevelopment Agency
September 19, 2022
CALL TO ORDER 7:00 p.m. by Agency Chair Davis
ROLL CALL: CHAIRPERSON DAVIS, VICE-CHAIRPERSON MOLINA, AGENCY BOARD MEMBERS CERVANTEZ, DUVALL AND HEWITT.
ABSENT: NONE
STAFF: EXECUTIVE DIRECTOR JOHNSON, AGENCY COUNSEL
BARROW, AGENCY SECRETARY GERDES, FINANCE
DIRECTOR REID, PUBLIC WORKS DIRECTOR MONSON,
PLANNING DIRECTOR LUCIA, CITY ENGINEER THORNTON,
FIRE CHIEF O’CONNELL AND SHERIFF CAPTAIN SALAS.
CSA CONSENT ITEMS
CSA1. APPROVAL OF THE SUCCESSOR AGENCY TO THE CALIMESA
REDEVELOPMENT AGENCY MEETING MINUTES.
RECOMMENDATION: That the Board of Directors approve the action minutes as presented for the September 6, 2022 Regular Meeting of the Board of Directors of the Successor Agency to the Calimesa Redevelopment Agency.
MOTION BY AGENCY MEMBER CERVANTEZ, SECONDED BY AGENCY VICE CHAIRPERSON MOLINA, CARRIED 5-0 TO APPROVE THE ACTION MINUTES AS PRESENTED FOR THE SEPTEMBER 6, 2022 REGULAR MEETING OF THE BOARD
OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE CALIMESA
REDEVELOPMENT AGENCY.
ADJOURN THE SUCCESSOR AGENCY TO THE CALIMESA REDEVELOPMENT
AGENCY AND RECONVENE THE CITY COUNCIL MEETING
The Successor Agency to the Calimesa Redevelopment Agency adjourned and the City Council Meeting was reconvened at 7:01 p.m.
Respectfully submitted,
Darlene Gerdes,
Agency Secretary
Attachment CSA1A
Successor Agency to the Calimesa
Redevelopment Agency Meeting
Agenda Report
CSA Agenda Item No. 2
SUBJECT: BIENNIAL REVIEW AND UPDATE OF THE SUCCESSOR
AGENCY’S CONFLICT-OF-INTEREST CODE
MEETING DATE: October 3, 2022
PREPARED BY: Darlene Gerdes, Agency Secretary
RECOMMENDATION: That the Board of Directors of the Successor Agency adopt CSA Resolution No. 2022-03, A Resolution of the Board of Directors of the Successor Agency to the Calimesa Redevelopment Agency, adopting an amended Conflict-of-Interest Code for the Agency and rescinding CSA Resolution No. 2018-02.
DISCUSSION: The Political Reform Act, Government Code Sections 81000, et seq., requires each local government agency to adopt a Conflict-of-Interest Code for each department of the agency and requires every local government agency to review its conflict-of-interest code biennially to determine if it is accurate and up to date.
Pursuant to CSA Resolution No. 2018-02, the Successor Agency last adopted a Conflict-of-Interest Code containing designated positions and disclosure categories.
The first step in the review and update process is for staff to review the current Conflict-of-Interest Code and prepare and submit to the Agency a Biennial Notice form indicating whether or not amendments to the Agency Code is required. The Biennial Notices were brought before you at your September 19, 2022 meeting and were approved by a 5-0 vote of the Council. The Successor Agency is then to complete the update process by December 31st of each even-numbered year.
By the attached CSA Resolution No. 2022-03, the Agency is rescinding the Agency’s 2018 Conflict-of-Interest Code and adopting a new updated Conflict-of-Interest Code containing designated positions and disclosure categories. Aside from adopting the standard model code, the changes to the Agency’s Conflict-of-Interest Code are additions and amendments to the designated position as follows:
• Executive Assistant/Deputy City Clerk
• Finance Manager Director
• Agency Planning Manager Director
• Deputy Fire Marshall
The Fair Political Practices Commission has adopted a standard model Conflict-of-Interest Code.
The standard model code is codified at California Code of Regulations Section 18730 and can be incorporated by reference by the Agency as the Agency’s Conflict-of-Interest Code. The standard
Conflict-of-Interest Code adopted by the Fair Political Practices Commission is attached hereto as Exhibit A to the Resolution. Appendix A of this Resolution sets forth the designated positions and Appendix B sets forth the disclosure categories. All of these documents together shall constitute the Conflict-of-Interest Code for the Agency.
ATTACHMENT:
Attachment A: CSA Resolution No. 2022-03
CSA RESOLUTION NO. 2022-03
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE CALIMESA REDEVELOPMENT
AGENCY ADOPTING AN AMENDED CONFLICT-OF-INTEREST CODE
CONTAINING REVISED DESIGNATED POSITIONS AND DISCLOSURE
CATEGORIES AND REPEALING RESOLUTION NO. 2018-02
THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE
CALIMESA REDEVELOPMENT AGENCY DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. The Political Reform Act, Government Code Sections 81000, et seq., requires the Successor Agency to the Calimesa Redevelopment Agency (“Agency”) to adopt a Conflict-of-Interest Code.
Section 2. The Fair Political Practices Commission has adopted a standard model Conflict-of-Interest Code. The standard model code is codified at 2 California Code of Regulations Section 18730 and can be incorporated by reference by the Agency as it’s Conflict-of-Interest Code.
Section 3. Pursuant to CSA Resolution No. 2018-02 the Agency last adopted a Conflict-of-Interest Code containing designated positions and disclosure categories. By this Resolution, the Agency is adopting a new updated Conflict-of-Interest Code containing designated positions and disclosure categories.
Section 4. The standard Conflict-of-Interest Code adopted by the Fair Political Practices Commission attached hereto as Exhibit A, as amended by the Commission from time to time, and Appendix A which sets forth the designated positions, and Appendix B which sets forth the disclosure categories, are hereby incorporated by reference and shall constitute the Conflict-of-Interest Code.
Section 5. Persons holding designated positions listed in Appendix A shall file statements of economic interest pursuant to Section 5 of the Conflict-of-Interest Code with the information required for the disclosure category assigned to them.
Section 6. Pursuant to the Political Reform Act (Government Code Sections 81000 through 91014), a person holding a designated position listed in this Conflict-of-Interest Code that violates any provisions of this Code is subject to Attachment CSA2A
administrative, criminal and civil sanctions provided in the Political Reform Act. In addition, if a person who holds a designated position makes, participates in making or otherwise attempts to use his or her official position to influence a decision of the Agency in which he or she has a financial interest, he or she may also be subject to additional administrative, criminal and civil sanctions and the decision may be set aside and voided pursuant to Government Code Section 91003.
Section 7. The Agency hereby directs the Secretary of the Agency and Agency Counsel to coordinate the preparation of a revised Conflict-of-Interest Code in succeeding even-numbered years in accordance with the requirements of Government Code Sections 87306 and 87306.5. The revised Code should reflect any changes in employee designations. If no revisions to the Code are required, the Secretary of the Agency shall submit a report no later than October 1st of the same year, stating that amendments to the Code are not required.
Section 8. Resolution No. 2018-02 of the Board of Directors is hereby repealed in its entirety.
Section 9. The Secretary of the Agency shall certify to the passage and adoption of this Resolution.
PASSED, APPROVED, and ADOPTED this 3
rd day of October 2022.
________________________________
WILLIAM DAVIS, AGENCY CHAIR
ATTEST:
_____________________________________
DARLENE GERDES, AGENCY SECRETARY
CSA RESOLUTION NO. 2022-03
EXHIBIT A
California Code of Regulations
Section 18730 - Conflict of Interest Code
1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq. ), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.
2 The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.
This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.
In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's
3 disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office. (4) Section 4. Statements of Economic Interests: Place of Filing.
The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April
1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status.
4 (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.
Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.
Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
5 Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.
Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.
Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.
When an investment or an interest in real property3is required to be reported,4the statement shall contain the following:
1. A statement of the nature of the investment or interest;
6 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;
3. The address or other precise location of the real property;
4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported,5the statement shall contain:
1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;
2. 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 $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;
3. A description of the consideration, if any, for which the income was received;
4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;
5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6the statement shall contain:
1. The name, address, and a general description of the business activity of the business entity;
7 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee 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. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an 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.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520.
8 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from
9 any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.
This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective office.
2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.
10 3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.
4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.
3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:
11 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.
2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a candidate for elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.
Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
12 (9) Section 9. Disqualification.
No designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.
No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made.
13 The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.
In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.
When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.
Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.
14 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
____________________
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities 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 Section 81004. 2 See Section 81010 and Regulation 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. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.
However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
15 5 A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.
Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.
HISTORY
1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).
Certificate of Compliance included.
2. Editorial correction (Register 80, No. 29).
3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2).
4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).
5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).
6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).
7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).
8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42).
16 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).
10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).
11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.
12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).
13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17).
14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).
15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).
16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).
17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15).
17 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).
19. Editorial correction of subsection (a) (Register 98, No. 47).
20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).
21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).
22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).
23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).
24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,
18 nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).
25. Editorial correction of History 24 (Register 2003, No. 12).
26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).
27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).
28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41).
29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).
30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11- 30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).
31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of
19 Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).
32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2013, No. 2).
33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.
Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2014, No. 51).
34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision,
20 April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).
35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative 1- 11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).
36. Amendment of subsections (b)(8.1)-(8.1)(A) filed 12-23-2020; operative 1-1-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2020, No. 52).
37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A), (b)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and (b)(11) and footnote 5 filed 5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974
21 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).
Appendix A-1
APPENDIX A
DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES
FOR THE SUCCESSOR AGENCY TO THE CALIMESA REDEVELOPMENT AGENCY Designated Positions Disclosure Categories
Agency Board Member 1
Executive Director 1
Agency Secretary 2
Agency Assistant Secretary 2
Agency General Counsel 1
Agency Assistant General Counsel 3, 4, 5, 6
Agency Engineer 2
Agency Planning Manager Director 2
Finance Manager Director 2
Fire Chief 2
Deputy Fire Chief 2
Battalion Chief 2
Deputy Fire Marshall 2
Other Consultant(s) 7
Appendix A-2
Disclosure Categories
1. Persons holding designated positions which are assigned a disclosure category of "1" above are not required to report under this Conflict of Interest Code because they hold positions within the City of Calimesa which are required to report pursuant to California Government Code Section 87200.
Persons in this category "1" are, however, subject to the disqualification provisions of this Code when acting in their official capacity for the Successor Agency to the Calimesa Redevelopment Agency.
2. Persons holding designated positions which are assigned a disclosure category of "2” above are not required to prepare a separate Statement of Economic Interest (Form 700) for their position with the Agency because they also hold positions which are already required to disclose and report under the Conflict of Interest Code of the City of Calimesa. Persons in this category should list their position with the Agency in Section 1 of Form 700 that they file with the City. Persons in this category "2" are, however, subject to the disqualification provisions of this Code when acting in their official capacity for the Successor Agency to the Calimesa Redevelopment Agency.
3. Reportable interests in real property in the jurisdiction. (Form 700, Schedule B.)
4. Reportable income and business positions. (Form 700, Schedule C).
5. Reportable investments. (Form 700, Schedules A-1 and A-2).
6. Reportable gifts and travel gifts. (Form 700, Schedules D and E).
7. For consultants who serve in a staff capacity with the Agency, the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position.
For consultants who do not serve in a staff capacity, the following disclosure categories shall be used:
Persons required to disclose in this category shall disclose pursuant to categories A, B, C and D below unless the Executive Director determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in categories A, B, C and D. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Executive Director's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.
A. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B).
Appendix A-3
B. Reportable income and business positions. (FPPC Form 700, Schedule C).
C. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2).
D. Reportable gifts and travel gifts. (FPPC Form 700, Schedules D and E).