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AMENDED CITY COUNCIL CLOSED SESSION MEETING - IN PERSON AND - TELECONFERENCE - 1-669-900-6833 - Webinar ID: 931 4644 4676 - Passcode: 7601 -https://zoom.us/j/93146444676?pwd=YVU5anBFak1xSFZ4emNnNW9FNExiQT09

Wednesday, September 14, 2022 · Government meeting record

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AMENDED CITY COUNCIL CLOSED SESSION MEETING - IN PERSON AND - TELECONFERENCE - 1-669-900-6833 - Webinar ID: 931 4644 4676 - Passcode: 7601 -https://zoom.us/j/93146444676?pwd=YVU5anBFak1xSFZ4emNnNW9FNExiQT09

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AMENDED AGENDA REGULAR MEETING OF THE ADELANTO CITY COUNCIL, ADELANTO PUBLIC FINANCING AUTHORITY, ADELANTO PUBLIC UTILITY AUTHORITY, ADELANTO COMMUNITY BENEFIT CORPORATION, AND THE SUCCESSOR AGENCY BOARD SEPTEMBER 14, 2022 City Council Gabriel Reyes, Mayor Daniel Ramos, Mayor Pro Tem Stevevonna Evans, Councilor Joy Jeannette, Councilor Keron Jones, Councilor City Manager Jessie Flores City Attorney Marc Tran Meetings held: 2nd & 4th Wednesday Adelanto Governmental Center City Council Chambers 11600 Air Expressway, Adelanto Closed Session: 5:00 p.m. Open Session: 7:00 p.m. City Council, essential staff, and the public are allowed to be physically present inside Council Chambers and will be seated the recommended distance from each other. Public participation is also call-in or via written correspondence. On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On September 16, 2021, Governor Newsom signed Assembly Bill 361 (“AB 361”), which was effective immediately and amends Government Code § 54953 to allow a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Pursuant to AB 361, please be advised that members of the Adelanto City Council may participate in meetings telephonically. Pursuant to AB 361, the public may view the meeting and participate in public comment remotely as follows: NOTE: PLEASE TURN CELL PHONES OFF OR PLACE THEM ON VIBRATE DURING THE CITY COUNCIL MEETING AS A COURTESY TO OTHERS. Thank you, Administrative Staff The City Council Agenda packet may be reviewed by the public at the reception counter in City Hall. Any writings or documents pertaining to an open session item, provided to a majority of the City Council within 72 hours of a regular meeting, shall be made available for public inspection at the reception counter in City Hall at 11600 Air Expressway, Adelanto, CA 92301, during normal business hours. Members of the public can view the agenda or download any staff reports in advance by accessing the City website at www.ci.adelanto.ca.us on Thursday the week before the scheduled meeting. The public may view the meeting or participate / comment remotely as follows: • All of our meetings are streamed live at https://adelanto.granicus.com/ViewPublisher.php?view_id=1 and are also available for playback after the meeting. • Participate via zoom please log in using any of the options below:1

REGULAR MEETING SEPTEMBER 14, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us • Teleconference https://zoom.us/j/93146444676?pwd=YVU5anBFak1xSFZ4emNnNW9FNExiQT09 Or Telephone: 1-669-900-6833 Webinar ID: 931 4644 4676 Passcode: 7601 Submit written comments: We encourage submittal of written comments supporting, opposing, or otherwise commenting on an agenda item, for distribution to the City Council prior to the meeting. Send emails to blopez@ci.adelanto.ca.us; written correspondence may be sent to Brenda Lopez, 11600 Air Expressway Adelanto CA 92301. Rules of Decorum “Members of the Public are advised that all PAGERS, CELLULAR TELEPHONES and any OTHER COMMUNICATION DEVICES are to be turned off upon entering the City Council Chambers.” If you need to have a discussion with someone in the audience, kindly step out into the lobby. Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting. Disruptive conduct may include, but is not limited to: • Screaming or yelling during another audience member’s public comments period; • Profane language directed at individuals in the meeting room; • Throwing objects at other individuals in the meeting room; • Physical or verbal altercations with other individuals in the meeting room; and • Going beyond the allotted three-minute public comment period granted. When a person’s or group’s conduct disrupts the meeting, the Mayor or presiding officer will request that the person or group stop the disruptive behavior, and WARN the person or group that they will be asked to leave the meeting room if the behavior continues. If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room, and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.) It should also be noted that any person who WILLFULLY disturbs or breaks up the City Council meeting may be arrested for a misdemeanor offense. (Penal Code, § 403.) MEMBERS OF THE PUBLIC WISHING TO ADDRESS THE CITY COUNCIL MEMBERS ARE REQUIRED TO FILL OUT A SPEAKER REQUEST FORM AND PLACE IT IN THE TRAY ON THE PODIUM PRIOR TO MEETING. Thank you, Administrative Staff2

REGULAR MEETING SEPTEMBER 14, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us The City Council packet may be reviewed by the public at the reception counter in City Hall. Any writings or documents pertaining to an open session item, provided to a majority of the City Council Members within seventy-two (72) hours of a Regular Meeting and twenty-four (24) hours of a Special Meeting. Members of the public can view the agenda or download any staff reports in advance by accessing the City’s website at www.ci.adelanto.ca.us on the Thursday of the week before the scheduled meeting. AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (760) 246-2300, ext. 11123, no later than seventy-two (72) hours prior to the meeting per 28 CFR 34.102.104. TIME: _____________ ROLL CALL: Councilor Evans ________ Councilor Jeannette ________ Councilor Jones ________ Mayor Pro Tem Ramos ________ Mayor Reyes ________ 1. City Manager to announce if there is any addition/removal of items from the agenda. C. APPROVAL OF AGENDA A. CALL TO ORDER—CLOSED SESSION B. DELETIONS/ADDITIONS TO AGENDA3

REGULAR MEETING SEPTEMBER 14, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us D. ANNOUNCEMENT OF CLOSED SESSION ITEMS 1. CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9, SUBDIVISION (d)(4) (one potential case) 2. CONFERENCE WITH LEGAL CONCIL REGARDING : SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(2). (one potential case) 3. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957 – Annual Public Employee Performance Evaluation Pursuant to Terms of Agreement Title: City Manager 4. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 – Conference with Labor Negotiator City Designated Representative: Marc Tran, City Attorney Unrepresented Employee: City Manager E. PUBLIC COMMUNICATION ON CLOSED SESSION ITEMS F. CONVENE INTO CLOSED SESSION TIME: _____________ 1. Motion to go into Closed Session. M__________________S__________________ACTION_________________4

REGULAR MEETING SEPTEMBER 14, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us G. CALL TO ORDER— REGULAR MEETING TIME: _____________ ROLL CALL: Councilor Evans ________ Councilor Jeannette ________ Councilor Jones ________ Mayor Pro Tem Ramos ________ Mayor Reyes ________ INVOCATION: FLAG SALUTE: ______________________ H. CLOSED SESSION REPORT I. CITY MANAGERS ANNOUNCEMENTS AND REPORT J. CITY COUNCIL ANNOUNCEMENTS AND REPORTS K. PRESENTATIONS 1. Presentation by Ella Myer from Pitzer College regarding Adelanto Community Water Report. L. PUBLIC COMMUNICATIONS This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *9 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes. Members of the audience may address the City Council on non-agenda items; however, in accordance with Government Code section 54954.2, the City Council may not take action on an item not appearing on the agenda5

REGULAR MEETING SEPTEMBER 14, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us M. CONSENT CALENDAR Items on the Consent Calendar are considered routine in nature and non-controversial, and require no further discussion by the City Council. They may be acted on in one motion unless a member of the City Council or member of the audience requests a separate discussion on an item. MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED 1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this City Council agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council. 2. Consideration and Approval of A 30-Day Resolution Regarding the Conduct of Teleconferenced Meetings of the City Council and other City Bodies Under Government Code Section 54953(E) RESOLUTION NO. 22-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA, PROCLAIMING A LOCAL EMERGENCY, RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND REAUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY COUNCIL, CITY BOARDS, AND ALL COMMISSIONS OF THE CITY OF ADELANTO, FOR THE PERIOD FROM SEPTEMBER 14, 2022, THROUGH OCTOBER 14, 2022, PURSUANT TO BROWN ACT PROVISIONS SET FORTH UNDER GOVERNMENT CODE SECTION 54953(e) 3. Consideration of Resolution No. 22-60 Rescinding all previously adopted Conflict of Interest Codes and readopting a Conflict of Interest Code and Disclosure Categories RESOLUTION NO. 22-60 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF ADELANTO, SAN BERNARDINO COUNTY,CALIFORNIA,RESCINDING ALL PREVIOUSLY ADOPTED CONFLICT OF INTEREST CODES AND RE- ADOPTING A CONFLICT OFINTEREST CODE AND DISCLOSURE CATEGORIES M__________________S__________________ACTION__________________6

REGULAR MEETING SEPTEMBER 14, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us N. PUBLIC HEARING OPEN PUBLIC HEARING: CLOSE PUBLIC HEARIING: 1. ZONE TEXT AMENDMENT NO. ZTA 22-01 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA, AMENDING THE CITY OF ADELANTO MUNICPIAL CODE SECTION 17.50.020 AND APPENDIX A, ADDDING AUTO SERVICE AND AUTO REPAIR USES AS CONDITIONALLY PERMITTED USES IN THE MIXED USE (MU) ZONE. (LOUIS) RECOMMENDATION: Staff requests a continuance until the September 28, 2022, meeting at 7:00 p.m. M__________________S__________________ACTION__________________ OPEN PUBLIC HEARING: CLOSE PUBLIC HEARIING: 2. APPEAL OF PLANNING COMMISSION DECISION - TO ADOPT/APPROVE THE INITIAL STUDY/CATEGORICAL EXEMPTION FOR CONDITIONAL USE PERMIT (CUP) 22-05 & LOCATION AND DEVELOPMENT PLAN (LDP) 22-05. (LOUIS) RECOMMENDATION: Staff requests a continuance until the September 28, 2022, meeting at 7:00 p.m. M__________________S__________________ACTION__________________ O. NEW BUSINESS PUBLIC COMMENT: OPEN: CLOSED: 1. CHARLES FOLEY, OF HIRSCH AND ASSOCIATES REGARDING THE PARK AT JONATHAN AND CHAMBERLAINE.( SABA/CHARLES) RECOMMENDATION: The City Council to Discuss and Provide direction.7

REGULAR MEETING SEPTEMBER 14, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us PUBLIC COMMENT: OPEN: CLOSED: 2. CONSIDERATION AND POSSIBLE APPROVAL OF CITY MANAGER EMPLOYMENT AGREEMENT WITH THE CITY . – (CITY ATTORNEY) RECOMMENDATION: Pending Closed Session Discussion and Deliberation, it is recommended that the City Council: 1. Approve an employment agreement with City Manager Jessie Flores to be made available to the public before consideration of this agenda item. The salient terms of the employment agreement will be disclosed to the public before approval of this item; and 2. Authorize the Mayor to execute the City Manager Employment Agreement on behalf of the City. M__________________S__________________ACTION__________________ 3. RECOMMEND APPROVAL OF RESOLUTION OF NECESSITY AUTHORIZING CONDEMNATION OF EASEMENT REQUIRED FOR THE BALDY MESA PROJECT SITE. ( CITY ATTORNEY) RECOMMENDATION: Staff recommends the City Council approve the Resolution of Necessity (Attachment A) to acquire a 53-foot-wide easement adjacent to an existing City right- of-way over vacant property located at the northwest corner of Bartlett Avenue and Verbena Road in the City of Adelanto (APN 0459-132-30) and authorize the City Attorney to prepare a complaint in eminent domain, commence condemnation proceedings in the San Bernardino Superior Court, and take all necessary associated actions. RESOLUTION NO. 22-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF A PORTION OF CERTAIN VACANT REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF BARTLETT AVENUE AND VERBENA ROAD (APN 0459-132-30) FOR THE PURPOSES OF CONSTRUCTING AND MAINTAINING ELECTRICITY TRANSMISSION LINES FOR A SOLAR FACILITY M__________________S__________________ACTION__________________8

REGULAR MEETING SEPTEMBER 14, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us 4. CONSIDERATION, APPROVAL AND ADOPTION OF RESOLUTION AMENDING THE RULES OF PROCEDURE AND DECORUM TO SPECIFY THE START AND END TIMES OF REGULAR MEETINGS OF THE CITY COUNCIL. (CITY ATTORNEY) RECOMMENDATION: Staff is recommending the City Council amend the Rules of Procedure and Decorum to specify the start and end times of regular meetings of the City Council to facilitate effective and efficient meeting management at a reasonable hour. RESOLUTION NO. 22-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA, AMENDING THE RULES OF PROCEDURE AND DECORUM TO SPECIFY THE START AND END TIMES OF REGULAR MEETINGS OF THE CITY COUNCIL M__________________S__________________ACTION__________________ P. ITEMS REMOVED FROM THE CONSENT CALENDAR Q. FUTURE AGENDA ITEMS City Councilmembers may request to receive a report, schedule a study session, or to place an item on a future City Council agenda regarding matters within the jurisdiction of the City Council. Requests require a motion, a second, and a majority vote of the City Council. Individual requests should be voted on separately. The City Manager shall work with City staff to respond to inquiries and requests as soon as practicable in an appropriate manner. R. PUBLIC COMMUNICATIONS This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *9 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes. Members of the audience may address the City Council on non-agenda items; however, in accordance with Government Code section 54954.2, the City Council may not take action on an item not appearing on9

REGULAR MEETING SEPTEMBER 14, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us S. ADJOURNMENT The next Regular Meeting of the City Council will be held on September 28, 2022 at 7:00 p.m. TIME OUT: ______________ M__________________S__________________ACTION____________________ I, BRENDA LOPEZ, CITY CLERK OF THE CITY OF ADELANTO, OR MY DESIGNEE, HEREBY CERTIFY THAT A TRUE, ACCURATE COPY OF THE FOREGOING AGENDA WAS POSTED ON SEPTEMBER 11, 2022, SEVENTY-TWO (72) HOURS PRIOR TO THE MEETING PER GOVERNMENT CODE 54954.2 IN THE GOVERNMENTAL CENTER’S DISPLAY CASE, 11600 AIR EXPRESSWAY, THE ADELANTO POST OFFICE, AND ADELANTO LIBRARY IN ADELANTO, CALIFORNIA. Brenda Lopez, City Clerk, CMC T. DECLARATION OF POSTING10

REGULAR MEETING SEPTEMBER 14, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us YOUR CITY GOVERNMENT CHARTER CITY: Ratified by the electors of the City at an election on November 3, 1992. “A Charter City can do what the Charter permits it to do, so long as there is not direct violation of the State Constitution.” CITY COUNCIL: The City Council is the legislative and policy-making body of the City. The City Council is composed of one elected Mayor and four Council Members, elected at large (to represent the entire City), to serve four (4) year, staggered terms. CITY MANAGER: The City Manager is the chief executive officer responsible for the day-to-day administration of City affairs. CITY COUNCIL MEETING: The regular meeting of your City Council is a vital part of the democratic process in the conduct of the City’s affairs. These meetings are open to the public and conducted by your elected representatives who are responsible, as a body, for the operation of Adelanto’s City government. The City Council appreciates your interest and urges citizen participation in government matters. LEGISLATIVE TERMS ORDINANCES: Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a City Council meeting as a “first reading.” At a subsequent City Council meeting, there will be a “second reading” and vote for or against adoption. Ordinances go into effect after a waiting period of thirty (30) days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS: Resolutions and minute orders are the means by which the City Council formally adopts policies and/or approves specific actions. These go into effect upon adoption11

Adelanto City Hall ~ 11600 Air Expressway, Adelanto, CA 92301 ~ (760) 246-2300 ~ Fax (442) 249-1121 REGULAR MEETING OF THE ADELANTO CITY COUNCIL ADELANTO PUBLIC FINANCING AUTHORITY, ADELANTO PUBLIC UTILITY AUTHORITY, ADELANTO COMMUNITY BENEFIT CORPORATION, AND THE SUCCESSOR AGENCY BOARD SEPTEMBER 14, 2022 City Council, essential staff, and the public are allowed to be physically present inside Council Chambers and will be seated the recommended distance from each other. Public participation is also call-in or via written correspondence. On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On September 16, 2021, Governor Newsom signed Assembly Bill 361 (“AB 361”), which was effective immediately and amends Government Code § 54953 to allow a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Pursuant to AB 361, please be advised that members of the Adelanto City Council may participate in meetings telephonically. Pursuant to AB 361, the public may view the meeting and participate in public comment remotely as follows: All of our meetings are streamed live at https://adelanto.granicus.com/ViewPublisher.php?view_id=1 and are also available for playback after the meeting. Participate via zoom please log in using any of the options below: Teleconference https://zoom.us/j/93146444676?pwd=YVU5anBFak1xSFZ4emNnNW9FNExiQT09 TELECONFERENCE To Participate and and Call in for public comments: TIME Closed Session – 5:00 p.m. Open Session – 7:00 p.m. Please call 1-669-900-6833 along with conference code 931 4644 4676 Passcode: 7601 Dated: September 10, 2022 Brenda Lopez, City Clerk, CMC12

CITY COUNCIL AGENDA REPORT DATE: September 14, 2022 TO: Honorable Mayor and City Council Members FROM: Jessie Flores, City Manager BY: Marc Tran, City Attorney SUBJECT: CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION REGARDING THE CONDUCT OF TELECONFERENCED MEETINGS OF THE CITY COUNCIL AND OTHER CITY BODIES UNDER GOVERNMENT CODE SECTION 54953(e) STAFF RECOMMENDATION: It is staff's recommendation that the City Council adopt and approve the attached resolution, reauthorizing the City conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of Government Code Section 54953(e). BACKGROUND: On March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency throughout the state of California, in response to the rapid spread and threat of the Novel Coronavirus (COVID-19), which still remains in effect. On March 10, 2020, the Board of Supervisors of the County of San Bernardino proclaimed the existence of a local emergency for all of San Bernardino County (“County”) in response to the outbreak of COVID-19 and its impact on the County. On March 13, 2020, the Adelanto City Council (“City Council”) declared a local emergency in response to the conditions of extreme peril to the safety of persons within the City as a result of the rapid spread of COVID-19. On September 16, 2021, Governor Newsom signed Assembly Bill (AB) 361 (Rivas, 2021), which authorizes local agencies to continue to hold public meetings remotely under modified teleconferencing requirements set forth in the Brown Act (Government Code section 54953(e)) during a state-declared emergency, as that term is defined, and when either state or local health officials have imposed or recommended measures to promote social distancing, or in situations when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees. AB 361 went into effect immediately and sunsets on January 1, 2024. Under AB 361, legislative bodies of the City can meet remotely during a declared State of Emergency by the Governor that includes the jurisdictional boundaries of the City, if the legislative body determines that one of the following is also true: 1. State or local officials have imposed or recommend social distancing; or 2. To determine, by a majority vote, whether to hold remote meetings as a result of the State of13

Emergency, because meeting in person would present imminent risks to the health or safety of attendees; or 3. The legislative body holds a meeting having already determined by a majority vote to hold remote meetings. Modified Brown Act requirements under AB 361, include, among other provisions, that: • Members of the public must be allowed to address the body and offer comments in real-time during the meeting. • In the event of a technical disruption, the public agency cannot take any further action on the agenda until the issue is resolved. • Public agencies may not require public comments be submitted in advance (this is still a permissible option but cannot be the only option). • Members of the public must be given a reasonable time to register to provide public comment, if necessary, and agencies that provide a timed public comment period shall not close the remote public comment option until that timed period has expired. The statewide declaration of emergency continues, in addition, the “SBCOVID-19” section of the San Bernardino County (“County”) website continues to state, “masks are strongly recommended for all persons, regardless of vaccine status, in indoor public settings and businesses (examples: retail, restaurants, theaters, family entertainment centers, meetings, state and local government offices serving the public).” With the recommendation that masks continue to be used along with the confirmation of new variants within the County, the City desires to continue to hold meetings under the modified teleconferenced rules. Once the initial authorizing resolution is adopted, ongoing authorization every thirty (30) days is required by majority vote. If the legislative body desires to use the teleconference exception available under Government Code Section 54953(e), it must confirm the circumstances of the State of Emergency thirty (30) days after the first teleconference meeting and every thirty (30) days thereafter. On August 24, 2022, the City Council adopted Resolution No. 22-56 authorizing modified remote teleconference meetings through September 23, 2022, to avoid a lapse the Council is requested to adopt the attached resolution. FISCAL IMPACT: There is no fiscal impact to the City. ATTACHMENTS: Resolution No. 22-5914

- 1 - RESOLUTION NO. 22-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA, PROCLAIMING A LOCAL EMERGENCY, RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND REAUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY COUNCIL, CITY BOARDS, AND ALL COMMISSIONS OF THE CITY OF ADELANTO, FOR THE PERIOD FROM SEPTEMBER 14, 2022, THROUGH OCTOBER 14, 2022, PURSUANT TO BROWN ACT PROVISIONS SET FORTH UNDER GOVERNMENT CODE SECTION 54953(e) WHEREAS, COVID-19 (also known as the “Coronavirus Disease”) is a respiratory disease that was first reported in China in December 2019, it has now spread throughout the state of California, including throughout the City of Adelanto (“City”); and WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a State of Emergency in response to the rising cases of COVID-19 throughout the state of California; and WHEREAS, on March 10, 2020, the Board of Supervisors of the County of San Bernardino proclaimed the existence of a local emergency for all of San Bernardino County (“County”) in response to the outbreak of COVID-19 and its impact on the County; and WHEREAS, on March 13, 2020, in response to the conditions of extreme peril to the safety of persons within the City of Adelanto, the Adelanto City Council (“City Council”) declared a local emergency; and WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29-20, which allowed local governments meet remotely without adherence to the traditional teleconferencing rules set forth in the Ralph M. Brown Act (“Brown Act”), this waiver was extended through September 30, 2021, by Executive Order N-08-21; and WHEREAS, on September 16, 2021, Governor Newsom signed into law Assembly Bill No. 361 (“AB 361”), which, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act, when a legislative body of a local agency holds a meeting during a declared State of Emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing or when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees; and WHEREAS, the “SBCOVID-19” section of the San Bernardino County website states that masks are strongly recommended for all persons, regardless of vaccine status, in indoor public settings and businesses; and WHEREAS, AB 361 requires the legislative body take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in15

RESOLUTION NO. 22-59 - 2 - the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; and WHEREAS, AB 361 prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time; and WHEREAS, AB 361 prohibits the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified; and WHEREAS, all City Council, Board, and Commission meetings are open and public, as required by the Brown Act, so that any member of the public may attend, participate, and watch the City Council or City Commission conduct their business; and WHEREAS, the City finds that the continuous spread of COVID-19 throughout the community has caused, and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of the City; and WHEREAS, on May 25, 2022, the City Council adopted Resolution No. 22-35 authorizing modified remote teleconference meetings through June 24, 2022; and WHEREAS, on June 22, 2022, the City Council adopted Resolution No. 22-48 reauthorizing modified remote teleconference meetings through July 22, 2022; and WHEREAS, on July 13, 2022, the City Council adopted Resolution No. 22-50 reauthorizing modified remote teleconference meetings through August 12, 2022; and WHEREAS, on July 27, 2022, the City Council adopted Resolution No. 22-54 reauthorizing modified remote teleconference meetings through August 26, 2022; and WHEREAS, on August 10, 2022, the City Council adopted Resolution No. 22-55 reauthorizing modified remote teleconference meetings through September 9, 2022; and WHEREAS, on August 24, 2022, the City Council adopted Resolution No. 22-56 reauthorizing modified remote teleconference meetings through September 23, 2022; and WHEREAS, in light of the continuing State declaration of emergency resulting from the COVID-19 pandemic, the local recommendations for masks for all individuals, and the imminent risks to the health and safety of attendees at meetings conducted in person due to the spread of COVID-19, the City Council desires to make the findings required by Government Code Section 54953(e) to allow the City Council and all City Boards and Commissions to continue meeting under the abbreviated teleconferencing procedures. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ADELANTO DOES HEREBY RESOLVE AS FOLLOWS:16

RESOLUTION NO. 22-59 - 3 - SECTION 1. The above recitals are true and correct and are incorporated herein by reference. SECTION 2. The City Council hereby considers the conditions of the State of Emergency in the County and City and proclaims that a local emergency in response to the COVID-19 pandemic persists. SECTION 3. The City Council hereby ratifies the Governor of the State of California’s Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020. SECTION 4. The City Manager or designee and legislative bodies of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, continuing to conduct open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act. SECTION 5. This Resolution shall take effect immediately upon its adoption and shall be effective from September 14, 2022, until the earlier of October 14, 2022, or such time as the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Adelanto may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953. SECTION 6. All portions of this Resolution are severable. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution. SECTION 7. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect. PASSED, APPROVED AND ADOPTED this 14th day of September 2022. ______________________________ Gabriel Reyes, Mayor _______________________________ Brenda Lopez, City Clerk17

RESOLUTION NO. 22-59 - 4 - I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 22-59 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 14th day of September, 2022 be the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: IN WITNESS THEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 14th day of September, 2022. ______________________________ Brenda Lopez, City Clerk18

CITY COUNCIL AGENDA REPORT DATE: September 14, 2022 TO: Honorable Mayor and City Council Members FROM: Brenda Lopez, CMC, City Clerk BY: City Attorney SUBJECT: CONSIDERATION OF RESOLUTION NO. 22-60 RESCINDING ALL PREVIOUSLY ADOPTED CONFLICT OF INTEREST CODES AND RE- ADOPTING A CONFLICT OF INTEREST CODE AND DISCLOSURE CATEGORIES STAFF RECOMMENDS: Staff recommends that the City Council adopt a resolution adopting a Conflict of Interest Code, incorporating designated positions and disclosure categories pursuant to the Political Reform Act of 1974. BACKGROUND: The Political Reform Act (Government Code Section 8100 et seq.) requires all public agencies to adopt a Conflict of Interest Code (“code”) every even-numbered year. A code designates positions required to file Statements of Economic Interests (Form 700), and assigns disclosure categories specifying the types of interests to be reported. Form 700 is a public document intended to alert public officials and the public as to the types of financial interests that may create conflicts of interest. The Political Reform Act also requires local agencies to review its Conflict of Interest Code biennially each even-numbered year and make amendments as necessary. An amended code is not effective until approved by the City Council. Staff reviewed the existing code and noted several areas requiring amendments due to changes in titles of various City positions and in the City’s organizational structure (Appendix A of Resolution No. 22- 60); and files the 2022 Local Biennial Notice directing staff to promulgate necessary amendments. With the adoption of this Resolution, the City’s prior code (Resolution 18-60) will be rescinded and replaced. Additionally, a Conflict of Interest Code was not adopted during calendar year 2020. Thus, a 2020 Local Biennial Notice advising of no amendments is also filed. The FPPC recommends that agencies incorporate FPPC Regulation 18730, the model local conflict of interest code prepared by the Fair Political Practices Commission, as their Conflict of Interest Code, which this resolution accomplishes. A copy of Regulation 18730 (found at 2 Cal. Code of Regs. Section 18730) is provided as an attachment. The designated positions and disclosure categories were reviewed and prepared by the City Clerk and City Attorney’s office and reviewed by the City Manager.19

September 14, 2022 Page 2 The criteria staff used to determine if a certain City staff position should be a designated position is whether the position is required to make, or participate in the making of, decisions that may foreseeably have a material effect on a financial interest. Each local agency conflict of interest code must contain the following: 1. Terms of the Code The code’s terms comprise the main body of a code and include such provisions as the manner to report financial interests, the disqualification procedures etc. The FPPC recommends that agencies incorporate FPPC Regulation 18730 by reference because the type of information required to be in the main body of the code is quite complex and Regulation 18730 contains all of these provisions. 2. Designated Positions The code must specifically list positions that make or participate in making decisions. Typically, positions that involve voting on matters, negotiating contracts, or making recommendations on purchases without substantive review must be included in the codes. Positions listed in Government Code section 87200 (i.e. members of the City Council, Planning Commission, City Manager, City Attorney, City Treasurer, Finance Director, etc.) are not required to be included as designated positions as this statute requires persons holding these positions to file Form 700. 3. Disclosure Categories One of the code’s primary purposes is to require disclosure of those types of investments, interests in real property, sources of income, and business positions that could affect the decision making by persons holding a designated position. FISCAL IMPACT: There is no fiscal impact associated with the recommended action. ATTACHMENTS: 1. Resolution No. 22-60 2. Appendix A-Designated Positions 3. Appendix B-Disclosure Categories 4. 2022 Local Agency Biennial Notice 5. 2020 Local Agency Biennial Notice 6. Regulation 18730 (2 Cal. Code of Regs. Section 18730) 7. Resolution No. 18-6020

RESOLUTION NO. 22-60 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF ADELANTO, SAN BERNARDINO COUNTY, CALIFORNIA, RESCINDING ALL PREVIOUSLY ADOPTED CONFLICT OF INTEREST CODES AND RE-ADOPTING A CONFLICT OF INTEREST CODE AND DISCLOSURE CATEGORIES WHEREAS, the Political Reform Act (Government Code Section 81000 et seq.) requires local government agencies to promulgate and adopt conflict of interest codes; and WHEREAS, the City is a local agency for the purpose of the Political Reform Act and therefore is required to adopt a conflict of interest code; and WHEREAS, the Political Reform Act requires review of the Conflict of Interest Code every two (2) years to determine whether it is accurate or whether it should be amended or updated; and WHEREAS, the City desires to update its current Conflict of Interest Code to revise the list of designated employees (Appendix A) and disclosure categories (Appendix B); and WHEREAS, the Fair Political Practices Commission (“FPPC”) has adopted a regulation (2 Cal. Code of Regs. Section 18730), which contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency’s code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act; and WHEREAS, the Adelanto City Council has reviewed the list of positions and disclosure categories contained in Appendix A and Appendix B, respectively; and WHEREAS, the following positions are not covered by the existing conflict interest code because they are required to file under Government Code Section 87200 and, therefore, are listed for informational purposes only: Mayor, City Council Members, City Manager, City Attorney, Planning Commissioners, and Finance Director. The City Clerk shall retain a copy of each and forward the original of each of these statements to the Fair Political Practices Commission. NOW, THEREFORE, BE IT RESOLVED THAT: Section 1. The terms of the model local conflict of interest code prepared by the Fair Political Practices Commission (2 Cal. Code of Regs. Section 18730) and any amendments adopted by the FPPC is hereby adopted as the City of Adelanto’s Conflict of Interest Code; and Section 2. The City Council, Planning Commission, City Manager, City Attorney, and Finance Director are not covered by the Conflict of Interest Code as they must file under Government Code 87200; and Section 3. The designated positions and disclosure categories listed in Appendix A and Appendix B, respectively, to this Resolution are incorporated into the City of Adelanto’s Conflict of Interest Code; and Section 4. Designated employees listed in Appendix A shall file Statement of Economic Interests (Form 700) with the City Clerk, to whom the City Council hereby designates the authority to carry out the duties of the Filing Officer.21

RESOLUTION NO. 22-60 PAGE 2 Section 5. The City Clerk will retain the statements and make the statements available for public inspection and reproduction (Government Code Section 81008). All statements will be retained by the City. Section 6. The effective date of this Code shall be the date this Code is approved and adopted by the City Council. Section 7. All previously adopted resolutions approving a Conflict of Interest Code for the City are hereby rescinded. PASSED, APPROVED, AND ADOPTED this 14th day of September, 2022, by the following vote of the Adelanto City Council. ________________________________ Gabriel Reyes, Mayor ATTEST: Brenda Lopez, City Clerk, CMC22

RESOLUTION NO. 22-60 PAGE 3 I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No.22-60 was duly and regularly adopted at a Regular Meeting of the City Council of the City of Adelanto on this 14th day of September, 2022, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: IN WITNESS THEREOF, I hereunto set my hand affix the official seal of the City of Adelanto, on the 14th day of September, 2022. Brenda Lopez, City Clerk, CMC23

APPENDIX A DESIGNATED POSITIONS DISCLOSURE CATEGORIES City Engineer (contracted) 1 Building Official (contracted) 1 City Clerk 1 Director of Building & Safety (contracted) 1 Water Superintendent/Manager (contracted) 1 Water Operations Manager (contracted) 1 Principal Accountant 1 Human Resources Analyst 1 Senior Accountant 1 Customer Service Supervisor 4 Director of Development Services (contracted) 1 Co-Planning Manager (contracted) 1 Deputy City Attorney (contracted) 1 Information System Administrator (contracted) 4 Community Safety Officer II 1 Consultants 1 Public Services Supervisor 4 *The agency, not FPPC, determines which consultants must file the Form 700. Is the consultant making or participating in decisions or simply preparing a research document? The Executive Director may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to comply fully with the disclosure requirements in this section. 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.24

APPENDIX B DISCLOSURE CATEGORIES The “designated employee” disclosing investments and sources of income need only disclose investments in businesses and sources of income which do business in the City of Adelanto (City), plan to do business in the City or have done business in the City within the past two years. In addition to other activities, a business entity is doing business within the City if it owns real property within the City. When a “designated employee” is disclosing interests in real property, the employee need only disclose the interest in real property which is located in whole or in part within or not more than two miles outside the boundaries of the City or within two miles of any land owned or used by the City. Designated employees shall disclose their financial interests pursuant to the appropriate disclosure category as indicated in Appendix A. Category 1: Interests in real property located within the jurisdiction or within two miles of the boundaries of the jurisdiction or within two miles of any land owned or used by the agency; and investments and business positions in business entities, and income, including loans, gifts, and travel payments, from all sources. Category 2: Interests in real property located within the jurisdiction or within two miles of the boundaries of the jurisdiction or within two miles of any land owned or used by the agency. Category 3: Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources, that provide services, supplies, materials, machinery, or equipment of the type utilized by the agency. Category 4: Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources, that provide services, supplies, materials, machinery, or equipment of the type utilized by the department or division to which the filer is assigned duties. Category 5: Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources, that filed a claim against the agency during the previous two years, or have a claim pending. Category 6: Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources, that are of the type to request an entitlement to use agency property or facilities, including, but not limited to: a license, utility permit, or station vendor permit.25

www.fppc.ca.gov FPPC Advice: advice@fppc.ca.gov (866.275.3772) Page 1 of 1 2022 Local Agency Biennial Notice Name of Agency: Mailing Address: Contact Person: Phone No. Email: Alternate Email: Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions. This agency has reviewed its conflict of interest code and has determined that (check one BOX): q An amendment is required. The following amendments are necessary: (Check all that apply.) ¡ Include new positions ¡ Revise disclosure categories ¡ Revise the titles of existing positions ¡ Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions ¡ Other (describe) q The code is currently under review by the code reviewing body. q No amendment is required. (If your code is over five years old, amendments may be necessary.) Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302. __________________________________________ _________________________ Signature of Chief Executive Officer Date All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 3, 2022, or by the date specified by your agency, if earlier, to: (PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE) PLEASE DO NOT RETURN THIS FORM TO THE FPPC.26

27

9/7/22, 4:45 PM View Document - California Code of Regulations https://govt.westlaw.com/calregs/Document/I7D2A26D05A0A11EC8227000D3A7C4BC3?viewType=FullText&originationContext=documenttoc&transiti… 1/8 Home Table of Contents § 18730. Provisions of Conflict of Interest Codes. 2 CA ADC § 18730 Barclays Official California Code of Regulations (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. 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. [FN1] 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 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. California Code of Regulations Barclays California Code of Regulations Title 2. Administration Division 6. Fair Political Practices Commission (Refs & Annos) Chapter 7. Conflicts of Interest Article 2. Disclosure 2 CCR § 18730 § 18730. Provisions of Conflict of Interest Codes. Currentness28

9/7/22, 4:45 PM View Document - California Code of Regulations https://govt.westlaw.com/calregs/Document/I7D2A26D05A0A11EC8227000D3A7C4BC3?viewType=FullText&originationContext=documenttoc&transiti… 2/8 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. [FN2] (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. (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. 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 property [FN3] is required to be reported, [FN4] the statement shall contain the following:29

9/7/22, 4:45 PM View Document - California Code of Regulations https://govt.westlaw.com/calregs/Document/I7D2A26D05A0A11EC8227000D3A7C4BC3?viewType=FullText&originationContext=documenttoc&transiti… 3/8 1. A statement of the nature of the investment or interest; 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, [FN5] the 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, [FN6] the statement shall contain: 1. The name, address, and a general description of the business activity of the business entity; 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 prohibi

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