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HomeMy WebLinkAbout1983-01-18; City Council; 7217-1; Conflict of Interest Code acceptanceCITY- F CARLSBAD - AGENDA- ILL - +/ AB# 7217 DEFT.= MTG. 1/18/8% DEFT. HI). dh ACCEPTANCE OF CITY AlNW TITLE: CONFLICT OF INTEREST CODE CITY MOR.-= Accept the documents for review and direct the City Clerk to notice the matter for a public hearing on February 1, 1983, to consider approval of the documents. ITEM EXPLANATION On January 12, 1983, the Design Review Board held a Public Hearing for the purpose of considering adoption of a Conflict of Interest Code pursuant to the provisions of Council Resolution No. 7071. In addition, on January 6, 1983, the Agency designated as City Manager, held a public hearing to amend the list of designated employees. The Rules of Procedure requires that both be submitted.to the City Council for public hearing and action. The setting of the required Council hearing must occur not later than 10 days following .Council's receipt of the documents. The subject documents are transmitted herewith for Council acceptance and consideration at a hearing on February 1, 1983. EXHIBITS 1. Design Review Board Resolution No. 10 and copy of adopted code. 2. Proposed Amended Appendix 1. 3. Declarations of Notice and Hearing requirement compliance. 4. Summary of hearing held by Oesign Review Board. 5. Summary of hearing held by City Manager. I 1 2 3 E s 1c 2( 22 2: 21 21 2f 2t 2: 21 RESOLUTION NO. 010 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A CONFLICT OF INTEREST CODE APPLICABLE TO THE MEMBERS OF THE DESIGN REVIEW BOARD PURSUANT TO THE POLITICAL REFORM ACT OF 1974. WHEREAS, the Design Review Board is required by law to adopt a local conflict of interest code; and WHEREAS, pursuant to Section 2.24-080 of the Carlsbad Municipal Code the Design Review Board is designated as the Planning Commission for certain action within the Village Redevelopment Area; NOW, THEREFORE, the Design Review Board of the City of Carlsbad, California does hereby resolve as follows: SECTION 1: Adoption of Conflict of Interest Code, In compliance with Section 87300 of the Government Code, the Design Review Board hereby adopts this Conflict of Interest Code, SECTION 2: Application of Code, This Conflict of Interest Code shall be applicable to the members of the Design Review Board of the City of Carlsbad, SECTION 3: Disclosure. Members of the Design Review Board are required pursuant to Title 9,Chapter 7, Article 2, commencing with Section 87200 of the Government Code to disclose investments, interests in real property and income. No disclosure requirements in addition to those contained in the Government Code are imposed by this Conflict of Interest Code. SECTION 4: Circumstances requiring disqualification. p* Any member of the Design Review Board must disqualify himself or herself from making or participating in the making of any decisions which will foreseeably have a material financial t& a 1 2 3 4 5 6 7 8 9 10 11 19 2c 21 22 22 24 25 26 27 2e 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 pzrticipating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The provisions of 2 Cal. Adm. Code Section 18730 and any amendments thereto relating to disqualification and manner of disqualification are incorporated in this code by reference. SECTION 5: Definitions . Except as otherwise indicated, the definitions contained in the Political Reform Act of 1974, Government Code Section 8100 et seq. and the regulations adopted pursiiant thereto are incorporated into this Conflict of Interest Code. For the purpose of this code, the term "city of jurisdic- tion" means the area included within the Village Redevelopment Pian for the City of Carlsbad, California, as shown for conve- nience on Exhibit A attached hereto and made a part hereof. SECTION 6: Enforcement. The provisions of Government Code Section 9100 et seq. and 2 Cal. Adm. Code Section 18730 and any amendments thereto relating to enforcement of the Political Reform Act are incorporated into this Conflict of Interest Code. SECTION 7: Filing. Members of the Design Review Board p, shall file disclosure forms with the City Clerk who shall make and retain a copy and forward the original to the Fair Political Practices Commission which shall be the filing officer. SECTION 8: The Secretary of the Design Review Board is directed to forward this resolution to the City Council for approval and a certified copy to the Fair Political Practices Conmission after it has been approved. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 . 15 16 17 le 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED by the Design Review Board of the City of Carlsbad, California, at a regular meeting held on the day of , 1983. AYES: NOES: ABS E NT : MARY MARCUS, Chairperson ATTEST : CHRIS SALOMONE, Community Redevelopment Manager ?* Design Review Board Resolution No. 010 Y .. c 0 (Y h Q3 0 0 c * 2 2 M c C M a, 5 C .r. .!i a I G 5 0 v1 5 5 ui e' hh eo. -c i; 00 -- ;Ij; 2-x nn c) c c, h 00 I 0 0 co M VI 0) 7Y 0 V c u) 2 al C c - w- 0 4- CJ K 0 U .- - Y e; Y 0 U f AMENDED APPENDIX 1 TO THE AMENDED LOCAL CONFLICT OF INTEREST CODE OF THE CITY OF CARLSBAD The positions and categories within the City listed in this appendix are "designated positions." Any person whose position with the City is a designated position is a designated employee. Designated employees shall disclose in the manner provided in the Amended Local Conflict of Interest Code of the City of Carlsbad those financial interests which are within the categories represented by the letter(s) following the listed position. the letters correspond to the subsections of § 7 of 12 Cal. kdm. Code 11830 and represent the f o 1 1 ow in g d is c 1 o s u res : "A" , investment in real property disclosure; I'B", personal income disclosure; "C", business entity income disclosure; I'D", business position disclosure. Posit ion Disclosure Categories City StafE under City Manager: Accountant Administrative Assistant I and I1 Assistant City Manager Assistant Finance Director Assistant Library Director Assistant Planner As SOC iate Planner Building Inspector City Engineer Civil Engineer Assistant Civil Engineer Associate Community Redevelopment Manager Construction Inspector Construction Supervisor Central Service Director Equipment Maintenance Superintendent Execiit ive Assistant Finance Director Fire Chief Fire Battalion Chief Fire Captain Assigned to Land Use Planning Manager Library Director Parks and Recreation Director Parks Superintendent Parks Planner Plan Check Inspector Police Chief pol ice Captain Prevention Bureau Principal Civil Engineer Principal Planner Purchasing Officer Recreation Superintendent Research and Analysis Manager Seni.or Construction Inspector Street Maintenance Superintendent Transportat ion Engineer U t i 1 it ies Maintenance Manager Uti!.ities Maintenance Superintendent City Attorney's Office: City Attorney Assistant City Attorney City Clerk Deputy City Clerk city Treasurer A, B, c Building Advisory and Appeals Board Members A, D Housing and Redevelopment Advisory Conin i t t e e Memb e r s A, B, c, D Consultants: Any person employed within an agency to provide consulting services shall report according to categories A, B, C and D. "Consultant" does not include a person who: A. Conducts research and arrives at conclusions with respect to his or her renditions of information, advice, recommendations or counsel independent of control and directions of the Agency or of any Agency official, other than normal control monitoring; and B. Possesses no authority with respect to any Agency decisions beyond rendition of information, advice, recommendation or counsel. .- DECLARATION OF NOT ICE AND HEARING REQUIREMENTS I do hereby declare that the designated agencies have satisfied the notice and hearing requirements preliminary to amendment of the Local Conflict of Interest Code pursuant to Government Code Section 98311. Dated: January 7, 1983 City Clerk -1 SUMMARY OF PUBLIC HEARING DESIGN REVIEW BOARD Date of Meeting: January 12, 1983 Time of Meeting: 5:30 P.M. Present: Board Members - Mary Marcus - Jerry Rombotis - Robert Holmes - Clarence Schlehuber - John McCoy Assistant City Attorney, Dan Hentschke The Assistant City Attorney gave a report on the matter to the Board and explained the requirement of the Board to adopt a Conflict of Interest Code. He also explained that since the Board has been designated as the Planning Commission for the Redevelopment area, it is recommended that they adopt the same code as was adopted by the City Council and the Planning Commission. No members of the public spoke on the matter. Board Member Rombotis questioned the filing times and whether they would be coordinated with the filing period for the Planning Commission. As a response, the Assistant City Attorney noted that the initial filing would not coincide, but annual filings after that time would coincide and only one form would need be filed. He also indicated that the City Clerk would keep them informed of their filing requirements. By a unanimous vote, the Board adopted Resolution 10, adopting a Conflict of Interest Code. SUMMARY OF PUBLIC HEARING Attendance: Frank Mannen, Assistant City Manager Lee Rautenkranz, City Clerk The meeting was called to order at 4:OO P.M. on Thursday, January 6, 1983. The public hearing was declared open. Since no one was present or expressed a desire to speak on the matter, the public hearing was closed. The amendment to the Appendix of the Local Conflict of Interest Code was approved by the Assistant City Manager on behalf of the City Manager and presented to the City Clerk for submission to the City Council. NOTICE OF PUBLIC HEARING On Adoption of Conflict of Interest Code By the Carlsbad Design Review Board NOTICE IS HEREBY GIVEN that a public hearing will be held by the Carlsbad Design Review Board on Wednesday, January 12, 1983 at 5:30 P.M. in the Council Chambers, 1200 Elm Avenue, Carlsbad, California, pursuant to the Political Reform Act of 1974 (Title 9, commencing with Section 81000, of the Government Code) to consider adoption of a Conflict of Interest Code for an agency of the City of Carlsbad as specifically required by Section 87300, et seq. of the Government Code. The proposed Conflict of Interest Code will require each member of the Carlsbad Design Review Board to disclose investments, interests in real property, and income as required under Section 87200 of the Government Code, and also will require each such person to disqualify himself or herself from making or participating in the making of any decision which will foreseeably have a material financial effect, distinguishable on any financial interest, as defined in Government Code Section 87103. Under the proposed Code, no such person would be prevented, however, 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 87311 of the Government Code requires that the review and preparation of Conflict of Interest Codes by local government agencies shall be carried out under procedures which guarantee to residents of the jurisdiction adequate notice and a fair opportunity to present their views. Accordingly, any interested party may appear at the date and time stated above and be heard concerning the Conflict of Interest Code. A copy of the proposed Code and Rules of Procedure for the conduct of the public hearing are available for inspection at the office of the City Clerk, City of Carlsbad, 1200 Elm Avenue, Carlsbad, California. ALETHA L. RAUTENKRANZ City Clerk c NOTICE MAILED TO: Mary Marcus Clarence Schlehuber Jerry Rombot is John McCoy Robert Holmes San Diego Union KKOS KU DE Blade Tribune Carlsbad Journal Tom Coleman, CCEA CPOA Rep CFA Rep Carlsb mal Decreed a Legal Newspaper by the Superior Court of San Diego County 31 38 ROOSEVELT ST. 0 P 0 BOX 248 CARLSBAD, CA 92008 729-2345 Proof of Publication STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO. I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: NOTICE OF PUBLIC HEARING ON ADOPTION OF CONFLICT OF CARLSBAD DESIGN REVIEW INTEREST CODE BY THE BOARD .NOTICE IS HEREBY GIVEN that u public hearing will be heid by the Carlrbad Design Revlew Board on Wednesday, January 12.1983 at 5:m P.M. In the Council Chambers, 1200 ~~~r~~~~~~~~~~~~;~~i~~~~ Codc requires that the review and Act of 19,41 #, commencing Codes by iocal government asen- with Section of the G~~~~~? cies shall be carried Out under .......................... .... a Conflict of Internst Code for an dents of the jurisdiction adequmte agency of the of Carisbad as notide andafairopPortuni~topta- specifically required. by Section sent their views. Accordingly, any 87300, et seq. of the Government interested party may appear at the date and time stated above and be . Code. The proposed Con~icto~~nterest heard concerningtheConflictofIn- terest Code. of the proposed Code and Code will repuite each member of the Board Rules offiocedure for the conduct ofthe pblic hearing are available .......................... 1 9 .... to disclose investments, interests fQ1' inspeclion at the Office of the in real property, and income as re- city Clerk city of Carlsbad. 1200 Wired under Section 87200 of the Elm Avenue, Carisbad, Caiifornia. Government Code, and also will quire each such person to disqual- ifl himself or herself Rom making Or PartlEipating in 'the making of any decision which will foresee- ably have a material financial effect. distinguishable on financial interest, as deflned in Government Code Section 8110~. under the proposed Code, no ruch Person would be prevented, bow-- er, from making or participating in the making of any decision to tbe legally required for the decision to extent his or her participation is be made. ,, ,. Section87311 oftheGovernment ......... . .b&. r'. .';<: ..... 19 . .?7 P=Paration of conflict Of lnteralt merit code) to consider adoption of cdures which guarantee t0 *SI- 1 9 .......................... 1 9 .... A ALETHA L. City Clerk RAUTENKRANZ ......................... 19 .... CJ W345: December 22.1982 4 _-- I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on day of ~ -~ iz -.Z.~L.:T. . ~~ ~ ... -. ~~~~ 2M-4/62 MEMORANDUM DATE : To: FROM: SUBJECT: December 27, 1982 All Persons Required to File Conflict of Interest Statements under the Local Conflict of Interest Code of the City of Carlsbad City Attorney FILING OF CONFLICT OF INTEREST STATEMENTS FOR 1982 This memorandum outlines the filings requirements for the past year under the Political Reform Act of 1974 and the Local Conflict of Interest Code applicable to designated employees and members of local agencies of the City of Carlsbad. A similar memorandum was sent to members of the City Council and Planning Commissioners and to the City Clerk, City Treasurer and City Manager. Except for those positions just stated all other members of local agencies and designated employees are treated the same for purposes of the Conflict of Interest Code except for variations in reporting requirements. All designated employees and members of local agencies are required to file their conflict of interest disclosure statements on a Form 730. This is the only form that should be used and will be distributed by the City Clerk along with an instruction manual when the current forms are received from the Fair Political Practices Commission. All designated employees, except those who have assumed office and filed an assuming office statement between October 1 and December 31, 1982, are required to file an annual disclosure statement not later than April 1, 1983. This statement will be filed with the City Clerk and will cover the period from January 1, 1982 through December 31, 1982 except in the case of those employees who were appointed to a position during the period between January 1, 1982 and October 1, 1982. Those employees will file a statement which will cover the period from their last statement (assuming office) during 1982 to December 31, 1982. Failure to file can be a criminal offense and for each day that the disclosure statement is late, a $10.00 fine is levied up to a maximum of $100.00. The annual conflict of interest statement is required to contain reportable interests in real property, investments, income and gifts received during the reported period. The only legislative change adopted in 1982 which impacts on the reporting requirements for designated employees is chapter 29 which raises the threshold for reporting of gifts from $25 to $50. I Conflict of Interest Statement December 27, 1982 Page 2 GENERAL REMINDERS: To provide you with some general reminders concerning filings, we have included some pages from a memorandum from the Legal Division of the Fair Political Practices Commission dated November 1980. Additionally, designated employees and members of local agencies should remember that gifts of an accumulative value of $50.00 or more from one source during the year must be reported. If any designated employee or member of a local agency has any question regarding their obligation under the Political Reform Act or the Local Conflict of Interest Code, please don't hesitate to contact their Department Head, the City Clerk or our office for assistance. NCEN F. BIONDO, JR., City Attorney n TKE DA E Assistant City Attorney rme Attachment ...... ..... .. ... .. . 1. . -. . I .* . , , '. .' , .. . ._ ... .. ... ...... .... I. : I I. Gifts: lodging in another pers'bn's'home, it does not have to be reported as'a gift on the filer's Statement, In ' addition, gifts approximately equal in value exchanged .. on holidays, birthdays and similar occasiok need not be When a filer is provided with food, drink or . . between a filer and an individual (other thsn a lobbyist) -f reported (2 Cal. Adm, Code Section,, 1,8227)- However, if a filer receives a gift valued at $%'"or more' through an intemediary, the filer must disclose on his or her Statement the full name, address and business ackivity, if any, of both the intermediary and the actual donor, (Sections 87210 and 87313) Jurisdiction restrictions .. -.- .... .-_I_ 40 not apply to the disclosure of gifts, e. ....... 2,- Income: Filers are required to disclose sources of incorn2 - .which they received $250 or more. Income also includes. . a comiunity property interest (50%) in a spouse's income- .' Excepted is income, reirnbursernents for expenses and per located or doing business in their jurisdiction from .. .- diem-received from a 'l'ocal, -_. 'state OK federal qovernment aaencv. Also, filer-s who have a 10% or greater interest .. . . ii a hsiness-entity are required to disclase,naTes of .. clients and custoners who paid so much to the busine3.s *. . .. ... .. ~ ._. .. .- .. .. ... ._ ..... .. .. t- from be client or custorner%was $10,000 or more. ~ .3. Loans: Filers are required to disclose all outstan%.ng .. personal loans which were $250 or more at any time duxing the reporting period, and all outstand<.nq.loms from are loans used to purchase a principal place of residence and loans Erom relatives, 4. Leaseholds: A lease on real proper.gy which is in effect for ten years or more after the first day of the period covered by L!e filer's Statement is reportable if the . value of the leasehcld is mark than $1,000. The value : .* of the leasehold interest is the total amount.of rent owed by the filer.during thc period covered by the State- ment orc on an assuming office or candidate Statcmznt, during the 12 month period prior to the closing.date of the Statement. When reporting. a leasehold interest, the filer nust include the number of years rcmzj.niny on the lqnse, the address or other precise location of the leased prupcrty and the datc upon which thc lease bccanc effective or 'tcrmina'tccl if either date occurrcd during thc period covered by the Statcrncnt. PJo 3.caschold OE less than LO years or with a value of $1,000 or less need hc rcport.cc1. (Sections 82033 and 2 CaL. Aclin. Codc Scckion 1.8233.2) . . comznercial- lendj-ng institutions which wexe $10,000 or .. more at any time during the reporting pzriod. Exempted . 1 ~__ - '? entity that the filer's pro rata share of the gross r'eceipts .I 5, Trusts and Blinc? Trusts: .F.ilers who require more detailed ___ , information than that which -is provided in the Instruction Manual may request from the Fair Political Practices Comnission a copy of 2 Cal. Adm, Code Section 18734 (Trust) . . and 18735 (Blind Trusts) 6. Pa.yment of Fines: According to opinion CV 78/12 issued by the Attorney General in 1978, cities may not pay fines imposed upon city councilmembers wh'en a Statement is filed Ths Attorney General concluded that to permit a public official to escape personal responsibility for filing Act, Based on this opinion we think .it would he unlawful for any agency to pay the late fines of its members or Public Records; Inspection; ReproZuction: Statements of for inspection and reproduction during regular business hours. Pursuant to Section 81003 of the Act, "NO conditions whatsoever shall be imposed upon persons desiring to -inspect or reproduce reports an3 statements,,.nor shall, any ififcmatiori or identification be required front such t -late. . would be contrary to the intent of the Political Refom -. . empl.oyees . .. .- -. Economic Interests are public records and must be available ._ - .. person. Copies shall be provided at a charge not to Candidztes for the office of city or county clerk or - _. 0 . : .. . .. .. . exceed ten cents ($.lo) per page. _- -_ .- -' ,.city treasurer are not required to file candidates . Statements of Economic Xnterest with the Fair Political -. . 1. .. i c 'r __ __ -. - ---.-IC--- - - - _-- -- . - _. - - _. . _. . CHANGES IN THE FOW 721 ' The Form 721 has been amended to reflect a legislative change that raised the reporting threshold of gifts, and honoraria from $25 to $50. Other changes in the 721 Form are as follows: COVER PAGE - The year is no longer printed on the form ai?d the filer will now fill in the period covered. The period covered on most annual Statements filed in 1983 should be from January 1, 1982, through December 31, 1982. (The filer should consult the manual for exceptions). The filing official may complete the cover page for the filer. SCHEDULE A - Investments - The filer must indicate whether he or she has an ownership interest in a business entity of less than lo%, or 10% or greater. SCHEDULE C - Interests in Real Property and Investments held by schedule has been changed. If the filer has a 10% or greater interest in a business entity or in a trust, which holds real property and investments worth more than $1,000, he or she must report the property or investments on Schedules C-1 or C-2. Business Entities or Trusts - The format of this SCHEDULE F - Gifts - As mentioned above, gifts received during the reporting period are reported,if the aggregate value fron: 3 single source is - $50 or more. (Rather than the previous $25 amount). -- SCHEDiJLE G - Honoraria - Honoraria received during the reporting period are reported, if the aggregate value from a single source is - $50 or mare (Rather than the previous $25 amount). SCHEDULE H - Income and Loans to Business Entities (Including. as follows: Rental Property)- The changes on this schedule are , .. e. 1. 2. If a filer has a 10% or greater interest in a business entity, he.must report loans to the business entity, if the filer's pro rata share of the loan was $10,000 or more. Format - The format was &anged for greater clarification.