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HomeMy WebLinkAbout1981-01-20; City Council; 6049-3; Local conflict of interest code amendmentC. Mg'i' . Sub j ec t : Stcte.nent of the Matter __-_I- -- - In October 1979, the City Council approved the Conflict of Interest Code for the City of Carlsbad required by state law. amendments to the state law, it is necessary for Carlsbad to amend its Conflict of Interest Code. In order to amend the Code, the City Attorney, City Manager, City Clerk, City Treasurer, Building Advisory and Appeals Board and Housing and Redevelopment Advisory Committee need to take action to adopt the amended code. Model Conflict of Interest Code developed by the Fair Political Practices Commission. Once this Model Code is adopted locally, it will be automatically amended as state law and requlations change. A consolidated public hearing will be held administratively by the City Attorney, City Manager, City Clerk, City Treasurer, Building Advisory and Appeals Board, and Housing and Redevelopment Advisory Committee to consider adoption of the Model Code. hearing, the public, staff, or committee nembers may comment on the proposed amendments. Once the code is adopted by the above agencies it will be forwarded to the City Council for approval. The Planning Commission will consider adoption of the Model Code by the same process but independently of the above mentioned agencies. Because of The amended code to be adopted is the At the public To initiate the amendment of the Conflict of Interest Code, the City Council should adopt the attached Resolution. Fiscal ImDact No significant costs are involved. handling future code amendments may result in lower clerical costs. The streamlined procedure for Exhibits Resolution No. bqdL/ . Re commenda t ion Adopt Resolution No. L 42 . Council Action: 1-20-81 Counciladopted Resolution 6424. - 1 2 3 4 5 6 7 a 9 IO 11 19 2c 21 22 22 24 25 26 27 28 RESOLUTION NO. 6424 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA SETTING A DEADLINE FOR AMENDMENT OF THE CONFLICT OF INTEREST CODE FOR ALL AGENCIES FOR WHICH THE CITY COUNCIL IS THE CODE REVIEWING BODY, DIRECTING THE DRAFTING, SUBMISSION AND APPROVAL OF AN AMENDMENT TO SAID CODES, AND APPROVING RULES FOR PROCEDURE THEREFOR. WHEREAS, the City Council, of the City of Carlsbad, California, according to the provisions of Article 3, Chapter 7, of the Political Reform Act of 1974 (hereinafter "the Act"), commencing with Section 87300 of the Government Code, as Code Reviewing Body for City Agencies has previously approved and adopted the Conflict of Interest Code of the City of Carlsbad: and WHEREAS, the Conflict of Interest Cdde of the City of Carlsbad must be amended because of changed circumstances and amendments to the Act and the regulations adopted pursuant thereto have in the past, and foreseeably will in the future requiredconforming amendments to be made in Conflict of Interest Codes adopted and promulgated by City agencies pursuant to its provisions: and WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 Cal.Adm. Code Section 18730, which contains the terms of a standard model Conflict of Interest Code which can be incorporated by reference and which will be amended to conform to the amendments in the Political Reform Act after public notice and hearing conducted by the Fair Political Practices Commission pursuant to the Administrative Procedure Act, Government Code Section 11370, et seq.; and 1 2 3 4 5 6 7 8 9 10 11 12 0 d E is 18 19 20 '2 1 22 '23 24 25 26 27 20 WHEREAS, incorporation by reference of the terms of 2 Cal. Adm. Code Section 18730 and any subsequent amendments thereto, or to the Political Reform Act, will save this body and City agencies time and money in minimizing the acts required by this body and City agencies to keep their codes in conformity with the Political Reform Act; and WHEREAS, the City Council of the City of Carlsbad determines that it is in the best interest of the City to incorporate the provisions of 2 Cal. Adm. Code Section 18730 in any amendments to it duly adopted by the Fair Political Practices Commission as the Local Conflict of Interest Code for City agencies; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: . 1. The City Council, as the code reviewing body of the City of Carlsbad, hereby establishes February 19, , 1981 as the deadline for submission to it of an amended Conflict of Interest Code for all City agencies for which the City Council is the code reviewing body, except for the Planning Commission of the City of Carlsbad. 2. The City Council hereby approves the Rules of Procedure for Approval and Adoption of a Conflict of Interest Code as adopted by Resolution No. 5789 of the City Council of the City of Carlsbad, California on June 5, 1979 as the rules of procedure for amendment of the Conflict of Interest Codes with the follow- ing exceptions: (a) References to the Planning Commission shall not be applicable; adoption of the Conflict of Interest Code by the City of Carlsbad shall be amended by the City Clerk as appropriate to.be equally -2- (b) The notice of public hearing for the 1 2 3 4 5 6 7 8 9 10 11 12 n 19 20 21 22 22 24 25 26 27 20 applicable to amendments. 3. That the existing approved Conflict of Interest Codes shall be amended to incorporate the provisions of 2 Cal. Adm. Code Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 20th day Of January , 1981 by the following vote, to wit: AYES : Council Members Packard, Casler, Anear, Lewis and Kulchin NOES : None ABSENT: None . .. ATTEST: &k&L -2. @- ALETHA L. RAUTENKRANZ, City Cler (SEAL ) -3-