Brian Barr, Director2101 G. Street, Building AFresno, CA 93706www.fresno.gov June 12, 2025SUBJECT: LEVINE ACT DISCLOSURE STATEMENT REQUIREMENTThe City of Fresno (City) is required to comply with the provisions of California Government Code §84308, known as the Levine Act. This law establishes disclosure and disqualification requirements for City officers in proceedings involving licenses, permits, franchises, contracts, and other entitlements for use.Under the Levine Act, vendors, applicants, and other parties to covered proceedings must disclose whether they or their agents have made any campaign contributions of more than $500 to City elected officials, appointed board or commission members, or candidates for City office in the 12 months preceding the submission of a proposal or application, or before any official action is taken on the matter.To comply with these legal requirements, the City must collect a completed Levine Act Disclosure Statement before proceeding. The form you have received must be filled out and returned to the City. Please note the following:This form is a public record and will be made available in the Council agenda packet, if the action requires Council approval.Completing the form does not disqualify you from consideration. Failure to submit the completed form may result in delays or disqualification of your application or proposal.We appreciate your cooperation as we implement this important transparency requirement.For more information on the Levine Act, visit the Fair Political Practices Commission (FPPC) website. Sincerely,Melissa PeralesPurchasing Manager
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THIS FORM IS A PUBLIC RECORDLEVINE ACT DISCLOSURE STATEMENTBackground: California Government Code § 84308, commonly referred to as the "Levine Act," prohibits City Officers from participating in any proceeding concerning a license, permit, other campaign contribution(s) from a Party or Participant to the proceeding, or their Agents, totaling more than $500 in the preceding 12 months. The Levine Act also prohibits City Officers from accepting, soliciting, or directing campaign contributions over $500 from Parties or Participants to a proceeding, or in anyamount by their Agents, while a proceeding is pending and for 12 months following the final decision in a proceeding. See definitions of Party, Participant, and Agent in the Definitions attached.Levine Act requirements apply when the City Officer or the body of which they are a member has the authority to make any decision or recommendation in the proceeding. City Officers include City elected or appointed officers, their alternates, and any candidate for elective office. CityOfficers are listed at the following sites:City elected officers- https://www.fresno.gov/cityofficials/Board members and Commissioners - https://www.fresno.gov/cityclerk/#boards-&-commission- applicationParties are responsible for reviewing and disclosing on the record of a proceeding theirand their Acampaign contributions to City Officers over $500 in the 12 monthspreceding any decision rendered by the agency. APartythe applicant as well as the subject of the proceeding.Both the applicant and the subject of a proceeding are required to provide information about campaign contributions to City Officers made by them, their Agents on behalf of them or theirorganization(s), their organization(s) subject to the proceeding with the City, and any organization they direct or control pursuant to the aggregation rules set forth by FPPC Reg. § 18438.5, except for uncompensated officers of a nonprofit organization. When a closed corporation is a Party or Participant to a proceeding subject to the Levine Act, the majority shareholder is subject to the disclosure and prohibition requirements of the Levine Act.DISCLOSURESApplicants and subjects of proceedings are responsible for reviewing the names of the CityOfficers and aggregation rules linked above prior to making the following disclosures:FOR THE APPLICANT: Have you or your company, or any Agent on behalf of you or your company, or any organization you direct or control, made campaign contributions of more than $500 to a City Officer in the 12 months preceding the date of the submission of your bid or proposal, or the anticipated date of any action by a City Officer related to this proceeding?YES: NO:If yes, please identify the City Officer(s), Contributing Entity and if they are a Party or an Agent,and date(s) of contribution(s) in the spaces below: City Officer(s) Name(s) Contributing Entity Date(s) of Contribution(s)_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ MDS Properties LTD
X
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FOR THE ENTITY OR PERSON THAT IS THE SUBJECT OF PROCEEDING: Have you or your company, or any Agent on behalf of you or your company, or any organization you direct or control, made campaign contributions of more than $500 to a City Officer in the 12 months preceding the date of the submission of your bid or proposal, or the anticipated date of any action by a City Officer related to this proceeding?YES: NO:If yes, please identify the City Officer(s), Contributing Entity and if they are a Party or an Agent, and date(s) of contribution(s) in the spaces below: City Officer(s) Name(s) Contributing Entity Date(s) of Contribution(s) ___________________________________________________________________________ ____________________________________________________________________________________________________________________________________________________________________________________Answering yes to the question above does not preclude the City of Fresno from awarding a license, permit, or contract or taking any subsequent action related to theENTITY OWNERSHIP To facilitate City Ocompliance with the Levine Act, the City requests Parties (both applicants and subjects of the proceeding) disclose the ownership of their companies or entities they control.Applications will not be denied if this information is not provided, but the disclosure above is legally required.Name ofApplicant:Address:List the names of all principals, partners, and/or trustees. For corporations, provide names of officers, directors, and all stockholders owning more than 10% equity interest in corporation:_____________________________________________________________________________ MDS Properties LTD
MDS Properties LTD4785 E. McKinley Avenue, Fresno, CA 93703 X
Sao Cha, Kao Xiong
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Name of the entity or person that is the Subject of Proceeding:Address:List the names of all principals, partners, and/or trustees. For corporations, provide names of officers, directors, and all stockholders owning more than 10% equity interest in corporation:SIGNATURESI hereby certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.Name of ApplicantPrint Name and Title of Authorized RepresentativeSignatureDate_________________________________________________Name of Entity or Person that is the Subject of the ProceedingPrint Name and Title of Authorized RepresentativeSignatureDate MDS Properties LTD
Sao Cha, Chief Financial OfficerSao Cha, Chief Financial OfficerMDS Properties LTD.MDS Properties LTD.
MDS Properties LTD.4785 E McKinley Ave., Ste 101, Fresno, CA 93703Sao Cha, Kao Xiong 3/23/263/23/26
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LEVINE ACT DISCLOSURE STATEMENTDEFINITIONSTermDefinitionLawCovered ProceedingsA license, permit, or other entitlement for use, meaning all business, professional, trade, and land use licenses and permits and all other entitlements for use, including all entitlements for land use, all contracts, and all franchises. Including a proceeding to grant, deny, revoke, restrict, or modify a license, permit or other entitlement for use, that doesnot solely involve purely ministerial decisions and is:(1) Applied for by the party;(2) Formally or informally requested by the party; or(3) A contract between the agency and the party or a franchisee grantedby the agency to the party, other than thosecompetitively bid, laborcontract, personal employment contract, valued under $50,000, betweentwo or more agencies, where no party receives financial compensation,periodic review of or renewal of a development agreement with nomaterial changes; or a periodic review or renewal of competitively bidcontracts (unless material modifications or amendments valued at >10%value of the contract $50,000, whichever is less).FPPC Reg18438.2(a)PartyAny person who files an application for, or is the subject of, a proceedinginvolving a license, permit, or other entitlement for use.Gov. Code84308(a)(1)ParticipantAny person who is not a party but who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use and who has a financial interest in the decision. A person actively supports or opposes a particular decision in a proceeding if that person lobbies in person the officers or employees of the agency, testifies in person before the agency, or otherwise acts to influence officers of the agency. Gov. Code84308(a)(2);see alsoFPPC Reg. 18348.4AgentA person who represents a party or participant for compensation and appears before or otherwise communicates with the governmental agency for the purpose of influencing the pending proceeding.See FPPC Reg 18438.3 for exceptions for certain consultants.FPPC Reg18438.3CompetitivelyBidCompetitively bid contracts are required by law, agency policy, or agency rule to be awarded pursuant to a competitive process. Acontract required by law to be awarded to the lowest responsible bidderwith a responsive bid, or, if the successful bidder refuses or fails to execute the contract, to the next lowest responsive bidder.Gov. Code 84308(a)(5)(B);FPPC Reg 18438.2(a)(3)(A)LaborContractA contract or agreement reached through collective bargaining or with arepresentative groupregarding the salary, benefits, or terms and conditions under an employment or retirement policy for employees or retirees, including a project labor agreement entered under PublicContract Code Section 2500.FPPC Reg 18438.2(a)(3)(B)Personal Employment ContractA contract for employment, including the terms and conditions ofemployment, between the agency and an agency employee. A contract with an independent contractor is NOT a personal employment contract.FPPC Reg 18438.2(a)(3)(C)-(D)Additional information on the Levine Act:https://www.fppc.ca.gov/content/dam/fppc/NS-Documents/TAD/Campaign%20Documents/84308/Section%2084308%20and%20Parties%20and%20Participants%20Guide.pdf MDS Properies LTD