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Home My WebLink About1979-11-06; City Council; 6049; CD Comm. & H&R Advisory Comm. conflict of interestc CITY OF CARZSBAD Initial : AGENDA BILL NO.,:- DATE : November 6: 1979 DEPARTMENT: City Attorney Subject: CONFLICT OF INTEREST CODES FOR COMMUNITY DEVELOPIWNT K COM/IISSION AND HOUSING AND REDEVELOPMENT ADVISORY COMMITTEE Statement of the Matter On October 16, 1979 Council created two new City agencies-- the Community Development Commission and the Housing and Redevelopment Advisory Committee. Each of these would be considered an "Agency" for the purposes of the Political Reform Act. Therefore, each will have to adopt a Conflict of Interest Code. Because the Council is the Community Development Commission, it must amend its own Conflict of Interest Code. The new Code proposed by Resolution No.5774 is identical to the old, except that the Community Development Commission is added. Because the Housing and Redevelopment Advisory Committee is a separate agency'for the purpose of the Political Reform Act, they will have to adopt their own Code. The Council, as the Code reviewing body for the Committee, Code adoption. Resolution No.,T'g7 3' would adopt the same rules used by the other City Agencies and set a deadline of March 4, 1980. The resolution would also require that the Conflict of Interest Code for the Housing and Redevelopment Advisory Committee be consistent with the Conflict of Interest Code of the City of Carlsbad that was approved by the Council on October 2, 1979. I must establish a deadline and rules of procedure for .. Exhibits Resolution No. 'T977x/, adopting the Conflict of Interest Code applicable to the members of the City Council. Resolution No. cJ-97J, setting a deadline and approving rules of procedure for the adoption of a Conflict of Interest Code for the Carlsbad Housing and Redevelopment Advisory Committee. Recommendation If Council concurs, your action would be to adopt Resolution No .fly 75/ and Resolution No. 59 76 , I AGENDA BILL NO. 6049 Page 2 Council Action: 11-6-79 Council adopted Resolution No. 5974, adopting a Conflict of Interest Code applicable to members of the City Council pursuant to the Political Reform Act of 1974; and adopted Resolution No. 5975, setting a deadline for a Conflict of Interest Code, designating the Carlsbad Housing and Redevelopment Advisory Committee as an agency, directing the drafting, submission and approval of a Conflict of Interest Code and approving rules of procedure therefore. 1 2 3 4 21 21 2: 2t 2: 2t RESOLUTION EO. 5974 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSRP-D, CALIFORNIA, ADOPTING A CONFLICT OF INTEREST CODE APPLICABLE TO MEMBERS OF THE CITY COUNCIL PURSUANT TO THE POLITICAL WFORM ACT OF 1974 The City Council of the City of'carlsbad, California, does hereby resolve as follows: SECTION 1: ADOPTION OF CONFLICT OF INTEREST CODE. In corhpliance with Section 87300 of the Government Code, the City Council hereby adopts this Conflict of Interest Code. SECTION 2: APPLICATION OF CODE. This Conflict of Interest Code shall be applicable to members of the City Council, whether acting as a Council. member or as governing board member or conmissioner of any city agency, including acting'as a member of the Housing Authority, or the ComLunity Development Commission, or the Redevelopment Agency. SECTION 3: DISCLOSURE. Members of the City Council are required, pursuant to Government Code Section 87200, to disclose investments, interests in real property and income. are imposed by this Conflict of Interest Code. No other or no additional disclosure requirements SECTION 4: CIRCUMSTANCES REQUIRING DISQUALIFICATION. Any member of the City Council, whether acting as a Council member or as governing board member or commissioner of any city agency, including acting as a member of the Housing Authority, or the Community Development Commission, or the z 1 2 3 4 5 6 7 a 9 10 11 12 12 14 17 le 19 2C ' 21 22 22 24 25 26 27 2e - . Redevelopment Agency, must disqualify himself or herself from making or participating in the making of any decisions which will foreseeably have a material financial effect, distinguishable from its effect on the public generally, on any economic interest, as defined in Government Code Section 87103. No member shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. SECTION 5: DEFINITIONS. Except as otherwise indicated, the definitions contained in the Political Reform Act of 1974 (Government Code Section 81000) and Regulations adopted pursuant thereto are incorporated into this Conflict of Interest Code. SECTION 6: The City Clerk is directed to fo'rward a certified copy of this resolution to the Fair Political Practices Commission. /// /// /// /// /// /// /// /// /// /// -2- 1 2 3 4 5 6 7 8 9 10 11 12 9 19 20 21 22 23 24 25 26 27 2a PASSED, APPROVED AND ADOPTED at a meeting of the City Council on the 6th day of November , 1979, by the following vote, to wit: AYES : Councilmen Packard, Skotnicki, Anear, Lewis and NOES : None Councilwoman Casler ABSENT: None ATTEST : (SEAL) -3- 1 2 3 4 5 6 7 8 9 10 11 i2 a 15 2c 21 25 2: 24 2t 26 2: 2E RESOLUTION NO. 5975 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA SETTING A DEADLINE FOR A CONFLICT OF INTEREST CODErDESIGNATING THE CARLSBAD HOUSING AND REDEVELOPMENT ADVISORY COMMITTEE AS AN AGENCYtDIRECTING THE DRAFTING, SUBMISSION AND APPROVAL OF A CONFLICT OF INTEREST CODE AND APPROVING RULES OF PROCEDURE THEREFORE. The City Council of the City of Carlsbad, California, according to theprovisions of Article 3, Chapter 7 of the Political Reform Act of 1974 (hereinafter "The Act") , commencing with Section 87300 of the Government Code hereby resolve as follows: 1. The City Council as the Code reviewing body of the City of Carlsbad hereby establishes 1980 as the deadline for submission to it of a proposed Conflict of Interest Code of the Carlsbad Housing and March 4 I .- Redevelopment Advisory Committee. 2. The City Council hereby designates the Carlsbad Housing and Redevelopment Advisory Committee as an agency of the City within the meaning of Section 87300 of the Government Code which shall adopt and promulgate a Conflict of Interest Code. 3. The City Council hereby authorizes and directs the Carlsbad Housing and- redevelopment Advisory Committee, the members of which should be designated employees within the meaning of the act; because their positions entail the making or participation in the making of decisions which may foreseeably have a material financial affect on any financial interest, and with the approval of the City Attorney, to draft a Conflict of Interest Code pursuant 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -- to the provisions of The Act. 4. The City Council hereby approves the "Rules of Procedure for Approval and Adoption of Conflict of Interest Code" as adopted by Resolution 5789 of the City Council, City of Carlsbad, California on June 5, 1979 as the Rules of Procedure and Approval and Adoption of Conflict of Interest Code for the Carlsbad Housing and Redevelopment Advisory Committee. 5. The City Council hereby declares that the Conflict of Interest Code for the Carlsbad Housing and Redevelopment Advisory Committee shall be consistent with the Conflict of Interest Code of the City of Carlsbad as approved by the City Council on October 2, 1979. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 6th day of November , 1979 by the following vote, to wit: AYES : Councilmen Packard, Skotnicki, Anear, Lewis and NOES : None Councilwoman Casler . ABSENT: None /gd!xa46/ RONALD C. PACKARD, Mayor ATTEST : (SEAL) -2-