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HomeMy WebLinkAbout1988-01-26; City Council; 9272-1; Proposed Guildelines for Council/Commsi 1 1- Policy No. , Date Issued Effective Date I EXHIBIT A CITY OF CARLSBAD COUNCIL POLICY STATEMENT City Council, Commissions and General Subject: Committees Specific Subject: Public Disclosure Guidelines -Cancellation Date 1 Supersedes No. Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File Purpose: members in determining whether or not a potential conflict of interest may exist. The final determination on conflicts of interest must rest with each individual. These guidelines are not to be considered a reflection on any commission or committee individually or collectively. These guidelines are to assist City Council, Commissioners and Committee Statement of Policy : Full public disclosure should be made by a City Council, Commission or Committee Member prior to a public hearing, when possible, if any of the following conditions A public notice, in accordance with Chapter 21.54 of the Carlsbad Municipal Code, is received by a City Council, Commission or Committee Member, or by a member of the immediate family (husbands, wives and children), or residents in the same domicile. A member of the family of a City Council, Commission or Committee Member addresses the City Cou-cil, Commission or Committee and utilizes a similar or different surname. A member shows special interest in a particular property and has made a special request for notification by any City department or the City Clerk about public hearings regarding particular properties. The same disclosure guideline would pertain to relatives seeking special notices. A member is a participant and/or a member of an organization that has shown an interest in the item beiTg considered. A member has received any monies, or ha d , prior business relationships with any applicant, or applicant's agent, involved with the item being considered. A member has solicited to secure employmeht, either professional or otherwise, or to conduct bysiness with an applicant, or applicant's agent or law firm; either in Carlsbad or elsewhere, then it should be disclosed whether said solicitation was successful or not. i I 1 t I --> CIT" OF CARLSBAD - AGEND/' BILL EXHIBIT R ,g,f RB# 927z MTG.1/19/88 DEPT. Council I TITLE: DEPT. HD. CITY ATTYm PROPOSED CITY COUNCIL GUIDELINES FOR CITY COUNCIL, COMMISSIONS AND COMMITTEES CITY MGRGQL To discuss the possible adoption of the proposed City Council Guidelines for City Council, Commissions and Committees. ITEM EXPLANATION: These guidelines are proposed to assist City Council, Commission and Committee Members in determining whether or not a potential conflict of interest may exist. The final determination on conflicts of interest must rest with each individual. These guidelines are not to be considered a reflection on any Commission or Committee, individually or collectively. It is recommended that the following guidelines be made a part of the record for the City Council and all Commissions and Committees: Full public disclosure should be made by a City Council, Commission or Committee Member prior to a public hearing, when possible, if any of the following conditions exist: EXH I B ITS A public notice, in accordance with Chapter 21.54 of the Carlsbad Municipal Code, is received by a City Council, Commission or Committee Member, or by a member of the immediate family. A member of the family of a City Council, Commission or Committee Member addresses the City Council, Commission or Committee and utilizes a similar or different surname. A member shows special interest in a particular property and has made a special request for notification by any City department or the City Clerk about public hearings regarding particular properties. The same disclosure guideline would pertain to relatives seeking special notices. 1. Carlsbad Municipal Code, Chapter 21.54, Procedures, Hearings, Notices and Fees. 3 /- - EXHIBIT 1 21.53.240 ~ny time during which approval of the final map is prohibited by Ordinance No. 9791 or any other growth management ordinance, shall be added to the two-year period. tentative map, the standards of this ordinance shall apply to the property. (f) the provisions of Titles 20 and 21 and with a final map approved prior to the effective date of the ordinance codified in this section or approved pursuant.to subsection (e) , or for which a subdivision map is not required, may obtain building permits without complying with this section for a period of two years from the effective date of the ordinance codified in this section. Once building permits are obtained, con- struction must be diligently pursued to completion or the provisions of this section shall apply. of the two-year period or the building permits, the standards of this section shall apply to the property. (Ord. 9795 $1, 1986). Upon expiration of the Projects with all discretionary approvals under Upon expiration 21.53.240 Nonresidential development restrictions on open space and environmentally sensitive lands. Nonresi- dential development shall be designed to avoid development on lands identified in Section 21.53.230. (Ord. 9795 $2, 1986). Chapter 21.54 PROCEDURES, HEARINGS, KOTICES AND FEES Sections: 21.54.010 21.54.020 21.54.030 21.54.040 21.54.050 t21.5 4.0 6 0 /21.54.061 dl. 54.062 21.54.063 21.54.064 21.54.070 21.54.080 21.54.090 21.54.100 21.54.110 21.54.120 21.54.130 21.54.140 Applications. Acceptability of signatures on applications. Applications a part of permanent record. Filing fees. Setting of hearing. Notices. Content of notice. Additional notice to persons requesting it. Failure to receive notice. Applicant's responsibilities. Required wording of notices. Investigations. Rules establishment for conduct of hearings. Hearing continuance without public notice. Permanent files shall include summary of testimony. General plan amendments. Restriction on reapplication after denial. Appeal of planning director decisions. 449i (Carlsbad 10/86) 21.54.010 21.54.010 Applications. (a) The city manager shall prescribeations for the development per- mits or approvals and applications for changes in zone or general plan boundaries or classifications. The city manager or his designee may prepare and provide application forms and shall prescribe the type of information to be provided with the application by the applicant. No application shall be accepted unless it is in the proper form and contains all required information. The application shall be filed with the development processing coordinator who shall forth- with deliver the application to the land use planning manager. 449j (Carlsbad 10/86) 21.54.010 (b) The land use planning manager shall consult with appropriate departments concerning the application and shall within thirty days after the application has been filed with the development processing coordinator determine in writing whether the application is complete and shall transmit the determination to the applicant. determination shall specify those parts of the application which are incomplete and shall indicate the manner in which the application can be made complete. mination shall include a list and description of the specific information needed to complete the application. days of any resubmittal of the application or submittal of materials in response to the written determination the land use planning manager shall determine in writing whether the application, together with the subsequently submitted materials, constitute a complete application and shall immediately transmit the determination to the applicant. When a determination that an initial application is in- complete has been transmitted to the applicant, the appli- cant shall have six months from the date the application was initially filed to either resubmit the application or submit the information specified in the determination. Failure of the applicant to resubmit the application or to submit the materials in response to the determination within the six months shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn a new application must be submitted. If the application together with the materials submitted in response to a determination of completeness are determined by the land use planning manager to not be complete pursuant to this section the applicant may appeal the decision in writing to the planning commission within twenty days after the determination has been transmitted to the applicant. The planning commission shall make a final written determination of the completeness of the applica- tion not later than sixty calendar days after the receipt of the applicant's written appeal, in this section shall cause the application to be deemed complete. time limits specified in this section shall be deemed to constitute withdrawal of the application. section precludes an applicant in the city from mutually agreeing to an extension of any time limit provided in this section. (e) Subsections (b) through (d) of this section shall remain in effect only until January 1, 1991, and as of that date are repealed unless an ordinance which is enacted before January 1, 1991, deletes or extends that date. (Ord. 9760 515, 1985: Ord. 9060 52000). The written The written deter- Within thirty (c) (a) Failure by the city to meet the deadlines specified The failure of the applicant to meet any of the Nothing in this 449-1 (Carlsbad 9/85) 21.54.020--21.54.060 21.54.020 Acceptability of signatures on applications. If signatures of persons other than the owners of property making the application are required or offered in support of, or in opposition to, an application, they may be received as evidence of notice having been served upon them of the pending application, or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the city as represented by the planning commission and the city council. (Ord. 9060 52001). 21.54.030 Applications a part of permanent record. Applications filed pursuant to this title shall be num- bered consecutively in the order of their filing, and shall become a part of the permanent official records of the agency to which application is made, and there shall be attached thereto and permanently filed therewith copies of all notices and actions with certificates and affidavits of posting, mailing or publications pertaining thereto. (Ord. 9060 S2002). 21.54.040 Filing fees. A fee in an amount established by city council resolution shall be paid at the time an application for a development pennit for approval or the approval of a change in zone or general plan boundaries reclassifications is filed. or deemed accepted until the appropriate fee or fees have been paid. (Ord. 9760 516, 1985: Ord. 9568 55, 1980: Ord. 9220 S1, 1968: Ord. 9060 52003). No application shall be accepted 21.54.050 Setting of hearing. All proposals for amending zone or general plan boundaries reclassifications or for the granting of any development permit or approval requiringa hearing as provided in this title shall be set for hearing by the land use planning manager when such hear- ings are to be held before the planning commission and by the city clerk for hearings to be held before the city council. (Ord. 9760 517, 1985: Ord. 1256 SlO(part1, 1982; Ord. 9060 52004). 21.54.060 Notices. Notice of public hearings shall be given as follows: (1) a public hearing to be given pursuant to this subsection, notice shall be given in all of the following ways: Notice of the hearing shall .be mailed or de- livered at least ten days prior to the bearing to the owner of the subject real property, the owner's duly authorized agent, or to the project applicant. delivered at least ten days prior to the hearing to each When a provision of this code requires notice of (a) (b) Notice of the hearing shall be mailed or 449-2 (Carlsbad 9/85) 21.54.061--21.54.062 local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected by the project. (c) Notice of the hearing shall be mailed or de- livered at least ten days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within six hundred feet, or three hundred feet for variance applications, of the real property that is the subject of the hearing. In lieu of utilizing the assess- ment roll, records of the county assessor or tax collector which contain more recent information than the assessment roll may be used. If the number of owners to whom notice would be mailed or delivered pursuant to this subparagraph is greater than one thousand in lieu of mailed or delivered notice, the city manager may permit notice to be given by placing a display advertisement of at least one-eighth page in at least two newspapers of general circulation within the city at least ten days prior to the hearing. (d) If the notice is mailed or delivered pursuant to subparagraph (c), the notice shall also either be: (i) published pursuant to Section 6061 in at least one newspaper of general circulation within the city at least ten days prior to the hearing; (ii) posted at least ten days prior to the hear- ing in at least three public places in the city, including one public place in the area directly affected by the proceeding. When a provision of this code requires notice of a public hearing to be given pursuant to this subsection, notice shall be published pursuant to Section 6061 in at least one newspaper of general circulation within the city at least ten days prior to the hearing. (Ord. 9758 515, 1985: Ord. 9536 S1, 1979: Ord. 9428 S1, 1975: Ord. 9060 S2005.) (2) 21.54.061 Content of notice. The notice given pursuant to Section 21.54.060 shall include the date, time and Dlace of a public hearing, the identity of the hearing body Gr officer, a general explanation of the matter to be considered, . and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing. (Ord. 9758 516, 1985). 21.54.062 Additional notice to persons requesting it. Notice given pursuant to Section 21.54.060 shall also be mailed or delivered at least ten days prior to the hearing to any person who has filed a written request for notice with the city clerk. The city clerk shall charge a fee estab- lished by city council resolution which is reasonably related to the costs of providing this service. Each request shall be annually renewed. (Ord. 9758 517, 1985). 449-3 (Carlsbad 9/85) - 21.54.063--21-54.064 21.54.063 Failure to receive notice. The failure of any person or entity to receive notice given pursuant to this chapter shall not constitute grounds for any court to in- validate the action for which the notice is given. decision-making body receives substantial evidence that notice has not been given as required by this chapter, then the decision-making body may continue the matter for hearing after proper notice has been given. (Ord. 9758 518, 1985). 21.54.064 Applicant's responsibilities. (a) The applicant for any action requiring a noticed public hearing shall provide the city with a list of persons or entities to whom notice must be given and the addresses of such persons. The applicant shall also provide stamped, addressed envelopes for mailing notice. The list and the envelopes, if required, shall be provided to the city not more than forty-five nor less than thirty days prior to the time the matter is scheduled for hearing. If the number of persons to whom notice would be mailed exceeds one thousand the applicant may, in lieu of providing the stamped, addressed envelopes, pro- vide an appropriate display advertisement. shall verify the accuracy of the list and the addresses. The secretary of the planning commission or the city clerk shall be responsible for informing the applicant of the date a matter is scheduled for hearing. notice required by this chapter, (Ord. 9758 519, 1985). If a The applicant (b) The applicant shall pay the cost of providing the 450 (Carlsbad 9/85) - 21.54.070--2134.130 21.54.070 Required wording of notices. Such public notice of hearings on zone reclassifications, amendments, variances or conditional use permits shall consist of the words "Notice of Proposed Change of Zone Boundaries or Classification" or "Notice of Proposed Variance" or "Notice of Proposed Conditional Use Permit", as the case may be, setting forth the description of the property under consid- eration, the nature of the proposed change or use, and the time and place at which the public hearing or hearings on the matter will be held. (Ord. 9060 S2006). 21.54.080 Investigations. The planning commission shall cause to be made by its own members, or members of its staff, such investigation of facts bearing upon an application set for hearing that will assure action on each case consistent with the purpose of this title, pre- vious amendments or variances. (Ord. 9060 S2007). 21.54.090 Rule establishment for conduct of hear- ings. The planning commission may establish rules govern- ing the conduct of public hearings conducted by it. Cord. 9060 52008). 21.54.100 Hearing continuance without public notice. If, for any reason, testimony on any case set for public hearing cannot be completed on the date set for such hearing, the person presiding at such public hearing may, before adjournment or recess thereof, publicly announce the time and place to, and at which, said hearing will be continued, and no further notice is required. (Ord. 9060 S2009). 21.54.110 Permanent files shall include summary of testimony. A summary of all pertinent testimony offered at public hearings held in connection with an application filed pursuant to this ordinance, and the names of persons testifying shall be recorded and made a part of the per- manent files of the case. (Ord. 9060 52010). 21.54.120 General plan amendments. All provisions of this chapter applicable to the amendment of zone classifica- tions shall also apply to amendments to the general plan or to any of the elements thereof. (Ord. 9379 S2, 1974). 21.54.130 Restriction on reapplication after denial. No application for a zone change, general plan amendment, planned development, variance, conditional use permit, site development plan, specific plan, master plan or other permit, or any amendment to a previously issued permit or plan shall be accepted if a substantially similar application has been 450-1 (Carlsbad 3/85) 21.54.140 finally denied within one year prior to the application date. The land use planning manager shall determine if the subsequent application is substantially similar to the previously denied application. The decision of the land use planning manager shall be final. (Ord. 9744 Sl, 1984). 21.54.140 Appeal of planning director decisions. (a) This section shall apply to those decisions or deter- minations of the planning director made pursuant to this title for which an appeal process is not otherwise specifically established. (b) Whenever the planning director is authorized pursuant to this title to make a decision or determination such decision or determination is final unless the determination or decision is appealed to the planning commission. The appeal shall be filed in writing with the secretary of the planning commission within ten days after the date of the planning director's decision. The planning director's decision or determination shall be made in writing. The date of the decision shall be the date the writing containing the decision or determination is mailed or otherwise delivered to the person or persons affected by the decision or determination. The planning commission action on an appeal shall be final. (Ord. 9807 S2, 1986). 450-2 (Carlsbad 10/86) EXHIBIT C - a 1 ! i i 1 i i 4 i ! ! i 1 I ! i i I i I I I ! i I 59 Chapter 7. Conflicts of Interest. S 87100 - 87313 Article 1. 2. 3. 4. 4.5. 5. Filing. Q 87500 General Prohibitions. Q 87100 - 87103 Disclosure. Q 87Mw) - 87210 Conflict of Interest Codes. Q 87300 - 87500 Disqualification of Former Officers and Employees. Q 87400 - 87405 Disqualification of State Officers and Employees. Q 87450 Article 1. General Prohibition. 87100 - 87103 Q 87100. Public Officials; State and Local. Q 87101. Legally Required Participation in Governmental Decision. Q 87102. Requirements Additional; Applicability of Enforcement Provisions. Q 87103. Financial Interest. Q 87103.5. Income from Retail Sales. 87100. Public Officials; State and Local. No public official at any level of state or local government shall make, participate in making or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest. 87101. Legally Required Participation in Governmental Decision. Section 87100 does not prevent any public official from making or par- ticipating in the making of a governmental decision to the extent his participation is legally required for the action or decision to be made. The fact that an official's vote is needed to break a tie does not make his participation legally required for purposes of this section. 87102. Requirements Additional; Applicability of Enforcement Provi- sions. The requirements of Section 87100 are in addition to the re- quirements of Articles 2 and 3 of this chapter and any Conflict of Interest Code adopted thereunder. However, the remedies provided in Chapters 3 (commencing with Section 83100) and 11 (commencing with Section 91000) shall not be applicable to elected state officers for violations or threatened violations of this article. History: Amended by Slalr. 1980, Ch. 1029, effectire January 1, 1981. 87103. Financial Interest. An official has a financial interest in a de- cision within the meaning of Section 87100 if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on: Any business entity in which the public official has a direct or indirect investment worth one thousand dollars ($1,000) or more. Any real property in which the public official has a direct or indirect interest worth one thousand dollars ($1,000) or more. 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 two hundred fifty dollars ($250) or more in value provided to, received by or promised to the public official within 12 months prior to the time when the decision is made. (a) (b) (c) E 60 (d) (e) Any business entity in which the public official is a director, offi- cer, partner, trustee, employee, or holds any position of management. Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the public official within 12 months prior to the time when the decision is made. 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 10-percent interest or greater. History: Amended by Slals. 1979. Ch. 686, efleclir. Januav 1. 1980; Slab. 1980, Ch. 183. *floclh* January 1. 19811 Slats. 1984, Ch. 931, efloctir. January I. 1985; Slals. 1985, Ch. 611, dlecliv. Januaq 1, 1986. 87103.5. Income from Retail Sales. Notwithstanding subdivision (c) of Section 87103, a retail customer of a business entity engaged in retail sales of goods or services to the public generally is not a source of income to an official who owns a 10-percent or greater interest in the entity if the retail customers of the business entity constitute a significant segment of the public generally, and the amount of income received by the business entity from the customer is not distinguishable from the amount of income received from its other retail customers. Hiswry: Addad by Slah. 1984, Ch. 931. ofleclivo Januaq 1, 1985. Q 87200. Q 87201. Q 87202. $ 87203. $ 87204. $ 87205. $ 87206. Q 87206.5. Q 87207. Q 87208. Q 87209. $ 87210. Article 2. Disclosure. 5 87200 - 87210 Applicability. Candidates. Officials-Elected, Appointed and Hold Over. Officeholders; Annual Statements. Leaving Office. Persons Completing and Beginning Term of Office on the Same Day. Disclosure of Investment or Interest in Real Property. Interest in Real Property; Exclusion of Principal Resi- dence. [Repealed] Disclosure of Income. Disclosure of Investments and Interests in Real Property; Incorporation by Reference. Blank. Gifts Made Through Intermediaries and Others-Disclo- sure Requirements. 87200. Applicability. This article is applicable to elected state offi- cers, judges and commissioners of courts of the judicial branch of govern- ment, members of the Public Utilities Commission, members of the State Energy Resources Conservation and Development Commission, mem- bers of the Fair Political Practices Commission, members of the California Coastal Commission, members of planning commissions, members of the board of supervisors, district attorneys, county counsels, and chief adminis- 61 trative officers of counties, mayors, city managers, city attorneys, chief administrative officers and members of city councils of cities, and to candi- dates for any of these offices at any election. History An*nd.d by Stah. 1971 Ch. 797. aff.cH*. kpt.mb.r 16, 197S, opnoti*. S.p- S, 197s: Stoh. 1976, Ch. 119, *ff.etiva May S, 1976; Stah 1978, 01. U7, dfdiw January 1. 1979: Slolr 1979, Ch. 674, dfoclira Jmwmq 1, 19#h -nd.d by Stdtr 1983, Ch. 214. *ff.eli** Jan- 1, 1%. Stah. 1984, Ch. 717, dfrlk* July 1, lm: Stoh. 1905. Ch. 611, dfwHra J- 1, 1906. 87201. Candidates. Every candidate for an office specified in Sec- tion 87200 other than a justice of an appellate or the supreme court shall file no later than the final filing date of a declaration of candidacy, a statement disclosing his or her investments and his or her interests in real property. Such statement shall not be required if the candidate has filed, within 60 days prior to the filing of his or her declaration of candidacy, a state- ment for the same jurisdiction pursuant to Section 87202 or 87203. Hiatofy: Ad by Stat,. 1977, Ch. 1193, affdn January 1. 19718 Sbh 1980, Ch. 928, *ff.cliva Jawory 1, 1901: Stoh. 1984, Ch. 931, df.elir* January 1, 1985 87202. Officials - Elected, Appointed and Hold Over. (a) Every person who is elected to an office specified in Section 87200 shall, within 30 days after assuming such office, file a statement disclosing his invest- ments and his interests in real property. Every person who is appointed or nominated to an office specified in Section 87200 shall file such a state- ment not more than 10 days after assuming office, provided, however, that a person appointed or nominated to such an office who is subject to confirmation by the Commission on Judicial Appointments or the State Senate shall file such a statement no more than 10 days after the appoint- ment or nomination. Such statement shall not be required if the person has filed, within 60 days prior to his assuming office, a statement for the same jurisdiction pursuant to Section 87201 or 87203. Every elected state officer who assumes office during the month of December or January shall file a statement pursuant to Section 87203 instead of this section except that the period covered for such a statement shall begin on the date the person filed his declaration of candidacy. This subdivision shall become effective on January 1, 1978. * (b) Hirbtyi *nnnd.d by Stah 1977, Ch. 1193, a- J- 1, 1978: Sbh. 1970, 0. 537. aff4.n Jonuorl 1. 1W. 87203. Officeholders; Annual Statements. Every person who holds an office specified in Section 87200 shall, each year at a time specified by commission regulations, file a statement disclosing his investments, his interests in real property and his income during the period since the previous statement filed under this section or Section 87202. The state- ment shall include any investments and interest in real property held at any time during the period covered by the statement, whether or not they are still held at the time of filing. Hiatorl, Anmd.d by Stoh. 1976. Ch. 1161. dklim JoMa), 1, 1977. 87204. Leaving Office. Every person who leaves an office specified in Section 87200 shall, within thirty days after leaving the office, file a statement disclosing his investments, his interests in real property, and his income during the period since the previous statement filed under Sec- tions 87202 or 87203. The statement shall include any investments and , 62 interests in real property held at any time during the period covered by the statement, whether or not they are still held at the time of filing. 87205. Persons Completing and Beginning Term of Office on the Same Day. A person who completes a term of an office specified in Section 87200 and on the same day begins a term of the same ofice or another such office of the same jurisdiction is not deemed to assume office or leave office. Hiitmy: AW by Stoe. 1977. ch. 1193. ehctiw J- 1, 1978. 87206. Disclosure of Investment or Interest in Real Property. When an investment or an interest in real property is required to be disclosed under this article, the statement shall contain: A statement of the nature of the investment or interest. 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. The address or other precise location of the real property. A statement whether the fair market value of the investment or interest in real property equals or exceeds one thousand dollars ($1,000) but does not exceed ten thousand dollars ($lO,OOO) , whether it exceeds ten thousand dollars ($lO,OOO) but does not exceed one hundred thousand dollars ($lOO,OOO), or whether it exceeds one hundred thousand dollars In the case of a statement filed under Sections 87203 or 87204, if the investment or interest in real property was partially or wholly ac- quired or disposed of during the period covered by the statement, the date of acquisition or disposal. For purposes of disclosure under this article, "interest in real prop- erty" does not include the principal residence of the filer or any other property which the filer utilizes exclusively as the personal residence of the filer. (a) (b) (c) (d) ($100,000). (e) (f) Hislmya Ammdd by Stals. 19110. Ch. lm0, hti** Jonval 1. 191111 Stah. 1964, Ch. 931. &.aim Jm 1,1985. 87206.5. Interest in Real Property; Exclusion of Principal Residence. [Repealed] History: Added by Sfm. 1976,ch. 1161, Atiw Ja~uory 1,1977; np.d.d by Sm. 1WJ. Ch. 1m0, && Jaway 1,19111. [Now conmind m 5.ction 87206.1 87207. Disclosure of Income (a) When income is required to be reported under this article, the statement shall contain, except as provided in subdivision (b) : The name and address of each source of income aggregating two hundred fifty dollars ($250) or more in value, or fifty dollars ($so) or more in value if the income was a gift, and a general description of the business activity, if any, of each source; 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 ($250) but did not exceed one thousand dollars ($l,OOO), whether it was in excess of one thousand dollars ($1,000) but was not greater than ten thousand dollars ($lO,OOO), or whether it was greater than ten thousand dollars ($lO,OOO); (1) (2) i 3 1.1- 63 I (3) A description of the consideration, if any, for which the income was received; (4) In the case of a gift, the amount and the date on which the gift was received. (5) In the case of a loan, the annual interest rate and the security, if any, given for the loan. (b) When the filer's pro rata share of income to a business entity, including income to a sole proprietorship, is required to be reported under this article, the statement shall contain: The name, address, and a general description of the business activ- ity of the business entity; The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($lO,OOO) during a calendar year. I (1) (2) Histayi Amended by Slots. 1975, Ch. 915, efkclire Sephmbw ?O, 1975. opralirra Janwq 7, 1975; Stals. 1979, Ch. 674: superseded by Stab. 1979, Ch. 666. .H.ctiv. Joeuaty 1, 1980; amnded by SWb. 1980. Ch. IOOO, *ff.ctiva Janwr), 1. 1981; ammdd by Stoa. 1982, Ch. ?9, effective January 1, 1983; Slots. 1984. Ch. 931. e(hctire January 1, 1985. 87208. Disclosure of Investments and Interests in Real Property; Incor- poration by Reference. Except in statements required by Section 87203, investments and interests in real property which have been dis- closed on a statement of economic interests filed in the same jurisdiction within the previous 60 days may be incorporated by reference. Hisby Add4 by Slab. 1976, Ch. 1161, effwtiw Jaurmry 1. 1977. 87209. Blank. 87210. Gifts Made Through Intermediaries and Others - Disclosure Re- quirements. No person shall make a gift totaling fifty dollars ($50) or more in a calendar year to a person described in Article 2 on behalf of another, or while acting as the intermediary or agent of another, without disclosing to the recipient of the gift both his own full name, street address, and business activity, if any, and the full name, street address, and business activity, if any, of the actual donor. The recipient of the gift shall include in his Statement of Economic Interests the full name, street address, and business activity, if any, of the intermediary or agent and the actual donor. Article 3. Conflict of Interest Codes. 5 87300 - 87313 Histary: Addad by Stoti. 1978, Ch. 640. effective Janua~y 1, 19791 am& by Slots. 1962. Ch. 19. eff.ctir* Jmuq 1, 1903. Q 87300. Agency Requirement. Q 87301. Formulation. Q 87302. Required Provisions. Q 87303. Submission; Code Reviewing Body. Q 87304. Failure toSubmit Proposed Code. Q 87305. Order to Adopt; Superior Court. $87306. Amendments for Changed Circumstances. Q 87307. Amendments to Code by Agency; Failure to Act. Q 87308. Judicial Review. Q 87309. Requirements for Approval. Q 87310. Q 8731 1. Designated Employee; Broad or Indefinable Duties. Review and Preparation; Administrative Procedure Act.