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HomeMy WebLinkAbout1983-02-01; City Council; 7217-2; Conflict of Interest CodeI - CITY.JF CARLSBAD - AGENDA .ILL CONFLICT OF INTEREST CODE HTG. 2/1/33 3EPT. cc CITY MOR.= RECOMMENDED ACTION: Approve the Conflict of Interest Code for the Design Review Board, and approve the amended Appendix I to the City of Carlsbad Conflict of Interest Code. ITEM EXPLANATION: As required by Council Resolution No. 7071, the Design Review Board held a public hearing on the adoption of a Conflict of Interest Code. The adopted code was submitted to the City Council at their meeting of January 18, 1983. Since the Design Review Board acts in the capacity of the Planning Commission for certain matters, their code is the same code which applies to the Planning Commission and City Council. On January 18, 1983, the Council accepted the code for review and directed that it be set to public hearing on February 1, 1983. In addition, on January'6, 1983, the Agency designated as City Manager, held a public hearing to amend the City of Carlsbad Local Conflict of Interest by amending the list of designated positions. reflect the current titles and classifications. That amendment was proposed so that the code would That amendment was also submitted to Council at their meeting of January 18, 1983. Council accepted the proposed amendment and directed that it be set to public hearing on February 1, 1983. The Code for the Design Review Board and the amended Appendix are submitted for public hearing and adoption. EXHIBITS: 1. Copy of Conflict of Interest Code for Design Review Board. 2. Proposed Amended Appendix I to City of Carlsbad Local Conflict of Interest Code. 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. WHBREAS, 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 Ci.ty 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 pw 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. 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 f inancia1 - L 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. The 2rovisions 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 pursuant thereto are incorporated into this Conflict of Interest Code. For the purpose o'f 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 x, 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 Commission after it has been approved. 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 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: ABSENT: MARY MARCUS, Chai rperson ATTEST: CHRIS SALOMONE, Community Redevelopment Manager .-. - Design Review Board Resolution No. 010 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 5 7 of 12 Cal. Adm. Code 11830 and represent the following disclosures: "A" , investment in real property disclosure; I'B", personal income disclosure; ''C" , business entity income disclosure; "D", business position disclosure. Posit ion Disclosure Categories City Staff under City Manager: Accountant Administrative Assistant I and I1 Assistant City Manager Assistant Finance Director Assistant Library Director Ass is tant Planner Associate Planner Building Inspector City Engineer Civil Engineer Assistant Civil Engineer Associate Community Redevelopment Manager Construction Inspector Construction Supervisor Central Service Director Equipment Maintenance Superintendent Executive 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 Police Captain Prevention Bureau Principal Civil Engineer Principal Planner Purchasing Officer Recreation Superintendent Research and Analysis Manager Senior Construction Inspector Street Maintenance Superintendent Transportation Engineer Utilities Maintenance Manager Utilities Maintenance Superintendent City Attorney '8 Off ice: City Attorney As s is t ant City At t orne y City Clerk Deputy City Clerk City Treasurer A, B, c Building Advisory and Appeals Board Members A, D Housing and Redevelopment Advisory Committee Members 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. 7 CONFLICT OF INTEREST CODE OF THE CITY OF CARLSBAD The agency designated by the City Council hereby submits the following Conflict of Interest Code to the City Council of the City of Carlsbad. Received on behalf of the City Council of the City of Carlsbad. Dated: ' 12 IP83 City Clerk fl The following Conflict of Interest Code, having been submitted by the agency designated above, was approved by order of the Code Reviewing Body on City Clerk CONFLICT OF INTEREST CODE OF THE CITY OF CARLSBAD The agency designated by the City Council as City Manager hereby submits the following Amended Appendix 1 to the Amended Local Conflict of Interest Code to the City Council of the City of Car 1 sbad. FRANK ALESHIRE, City Manager Received on behalf of the City Council of the City of Carlsbad. Dated: G rw3 ALETHA L. RAUTENKRANZ, City Clerk -/ The following Amended Appendix 1 to the Amended Conflict of Interest Code, having been submitted by the Agency designated above, was approved by order of the code reviewing body on l&!.a?Ldfl& ALETHA L. RAUTENKRANZ, City Clerk . 1 AMENDMENT TO APPENDIX 1 OF THE CITY OF CARLSBAD TO THE AMENDED LOCAL CONFLICT OF INTEREST CODE Since adoption of Appendix 1 to the Amended Local Conflict of Interest Code, internal reorganizations have resulted in the deletion of some classifications and creation of other classifications which are subject to the disclosure requirements of the Local Conflict of Interest Code. The following positions are hereby deleted from the list of designated positions of the City Staff under the City Manager: Assistant to City Manager Planning Director Building Official Director of Redevelopment and Housing The following positions are hereby added to the list of designated positions of City Staff under the City Manager: Director of Building and Planning Land Use Planning Manager Community Redevelopment Manager Research and Analysis Manager Executive Assistant This amendment shall be effective FEBRUARY 2 , the day following its approval by the Code Reviewing Bo'dy,' the City Council of the City of Carlsbad, California. Adoption of this amendment will be reflected on the Amended Appendix 1, attached hereto. Designated Employees Notified of the Administrative Public Hearing to amend the Local Conflict of Interest Code: Frank Aleshire Frank Mannen Jim Hagaman Lois De Groot Mike Holzmiller Marty Orenyak Chris Salamone Blade Tribune Carlsbad Journal KKOS KU DE San Diego Union Tom Coleman, CCEA CFA Rep CPOA Rep TO DESIGNATED EMPLOYEES OF THE CITY OF CARLSBAD: NOTICE IS HEREBY GIVEN that the City Manager will hold a public hearing on Thursday, January 6, 1983, at 4:OO P.M. in the City Council Chambers, 1200 Elm Avenue, Carlsbad, pursuant to the Political Reform Act of 1974 to amend the City of Carlsbad Conflict of Interest Code, by amending the list of designated positions of City Staff under the agency of the City Manager. Any interested party may appear and be heard concerning this matter, and you, as a designated employee, are hereby specifically notified. A copy of the proposed Code and Rules of Procedure for Public Hearing are available for inspection at the Office of the City Clerk. NOTICE OF PUBLIC HEARING On adoption of Amendments to Conflict of Interest Code by the City of Carlsbad, California. NOTICE IS HEREBY GIVEN that the City Manager will hold a public hearing on Thursday, January 6, 1983 at 4:OO P.M. in the City Council Chambers, 1200 Elm Avenue, Carlsbad, pursuant to the Political Reform Act of 1974, to amend the designated positions of the City of Carlsbad Conflict of Interest Code. Any interested party may appear and be heard concerning this matter. 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 of Carlsbad, 1200 Elm Avenue. ALETHA L. RAUTENKRANZ City Clerk mal Decreed a Legol Newspaper by the Superior Court of Snn Dlego CJunty 31 38 ROOSEVELT Si e P 0 BOX 248 CARLSBAD, CA 92008 729-2345 Proof of Pub I icat ion 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 Sun 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 Sun 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 Drinted CODY, has been NOTICE OF PUBLIC HEARING ON ADOPTION OF AMENDMENTS TO CONFLICT OF INTEREST CODE BY THE CITY OF CARLSBAD, CALIFORNIA I I. published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: NOTICEISHEREBY GIVEN that the City M8nager will hold a public hearing on Thursday. January 6. 1883 at 4:OO P.M. in the City Council Chambers, 1200Elm Avenue,Carls- bad. pursuant to the Political Re- form Act of 1874, to amend the des- ignated positions of the Clty of Carlsbad Conflict of lntsmut Code. Any interested party m8y appear and be heard concerning this mat- ter A copy df the proposed Code and Rules of Procedure for the con- duct ofthe public hearing are avail- able for inspection at the Oftice of the City Clerk ofCarlsbad. 1200Elm Avenue. ALETHA L RAUTENKRANZ City Clerk CJ W346: December 22,1982 ......... ................................. 19 .... ................................. 19 .... ................................. 19 .... ................................. 19 .... I certify under penalty of perjury that the foregoing IS true and correct. Executed at Carlsbad, County of San Diego, * ry ’ ; ..rj State of California on -----~---_ -__ __ RULES OF PROCEDURE FOR APPROVAL AND ADOPTION OF CONFLICT OF INTEREST CODES 1. The City Manager, with the aid and assistance of the Chairman of the Planning Commission and the Building Advisory and Appeals Board, the City Clerk, City Treasurer and City Attorney, members of which should be designated employees within the meaning of Government Code Section 82019 because the positions entail the making or participating in decisions which may foreseeably have a material effect on any financial interests, and with the approval of the City Attorney, shall draft a Conflict of Interest Code for the Agency as constituted in Paragraph 2. 2. 3. The Planning Commission, Building Advisory and Appeals Board, City Clerk, City Treasurer, City Attorney and City Manager shall constitute "Agencies" within the meaning of Section 87300 of the Government Code for which a Conflict of Interest Code shall be promulgated and adopted pursuant to these rules. Each chairman of such Board or Commission, the City Clerk, City Treasurer and City Attorney shall be responsible for and approve those portions of the conflict of Interest Code applicable to the members of his Agency and the City Manager shall be responsible for and approve the portions of the Conflict of Interest Code applicable to all other persons. Upon completion a draft of such Code shall be forwarded to the City Clerk. The City Clerk shall notice the proposed Code for hearing before the City Manager, City Clerk, City Treasurer, City Attorney, the Planning Commission and the Building Advisory and Appeals Board (hereinafter "Agencies") held in the City Council Chambers at such time as the Clerk ascertains it is convenient for the participants. The City Clerk shall publish notice of such hearing once in the Carlsbad Journal at least ten days prior to the hearing. The Clerk shall also mail notice thereof to all news media covering the City, all employee organizations, all employees listed in the proposed Code as designated employees, and to other interested persons at least ten days prior to the hearing. The notice shall be substantially in the form of Exhibit A, attached hereto. 4. All persons wishing to comment on any provision of the proposed Code may submit in writing to the City Manager, on behalf of the Agencies, a concise statement of their objections to the proposed Code. -1- I 5. On the date and at the time and place designated in the notice the Agencies shall afford the Agency or any interested person or his or her duly authorized representative, or both, the opportunity to present statements, arguments or contentions in writing. Oral testimony shall be encouraged; however, oral statements may be limited to the discretion of the Agencies but may be supplemented by written statements. The Agencies shall consider all relevant matters presented to them during the public hearing or appearing on the record of such hearing prior to approving or revising the proposed Code or returning the proposed Code to the Agencies for revision. 6. During any hearing held pursuant to these rules of procedure the Agencies shall have authority to continue or postpone such hearing from time to time and at such place as they shall determine. 7. After a full hearing by the Agencies they shall: (a) Approve the proposed Code as submitted, (b) Revise the proposed code and approve it as revised, or (c) Return the proposed Code to the Agencies for revision and re su bmi s s ion. 8. After completion of its own hearing pursuant to Government Code Section 87311, and its tentative adoption of its Conflict of Interest Code, the Agencies shall submit an original and two copies of its proposed Code to the City Council by the established deadline. 9. A proposed Code shall satisfy the requirements of Government Code Section 87300, et seq. The Code shall be accompanied by: (a) A declaration of the City Manager, City Clerk, City Treasurer, City Attorney, and chairmen of the Planning Commission and the Building Advisory and Appeals Board declaring that the Agencies have satisfied the notice and hearing requirements preliminary to the formation of the Code pursuant to Government Code Section 87311. (b) A summary of the hearing held by the Agencies with appropriate identification of any areas of controversy and their manner of resolution. -2- The original or one copy of all submissions made to the Agencies regarding the proposed code, unless the person making the written submission req.uests the admission of the submission from the record of the Agencies' hearing. The names and addresses of all persons who participated in the public hearing of the Agencies on the proposed Code or who requested notice from the Agencies of the date for hearing on the adoption of the Code by the City Council. Within ten days of receipt of the proposed Code by the City Council pursuant to Paragraph 9, the City Clerk shall notice the proposed Code for hearing before the City Council to be held no later than the forty-fifth day following receipt of the Code. Notice shall be published and mailed in accordance with the provisions of Paragraph 3. All persons wishing to comment on any provision of the proposed Code may submit in writing to the City Council a concise statement of their objections to the proposed Code. On the date and at the time and place designated in its notice, the City Council shall afford any agency or interested person, or his or her duly authorized representative, or both, the opportunity to present statements, arguments or contentions in writing. Oral testimony shall be encouraged; however, all oral statements may be limited at the discretion of the Mayor or may be supplemented by written statements. The City Council shall consider all relevant matters presented to it during the public hearing or appearing on the record of such hearing prior to approving or revising and approving the proposed Code or returning the proposed code to the Agencies for revision. During any public hearing held pursuant to this Rules of Procedure the City Council shall have the authority to continue or postpone such hearing from time to time and at such place as it shall determine. After a full hearing the City Council shall: (a) Approve the proposed Code as submitted and return the Code to the Agencies for implementation, or (b) Revise the proposed Code and approve it as revised and return the proposed Code to the Agencies for implementation, or (c) Return the proposed Code to the Agencies for revision and resubmission within sixty days. -4- MEMORANDUM DATE : October 26, 1982 TO : City Clerk City Manager FROM : City Attorney SUBJECT: AMENDMENT OF LOCAL CONFLICT OF INTEREST CODE Because of recent changes to the organizational structure of the city staff it is necessary to amend the designated positions of the local conflict of interest code. Presently the conflict of interest code specifies certain positions that no longer exist in the city including building official, director of redevelopment and housing and plannng director. There are certain positions that are not designated including director of building and planning, land use planning manager, director of research and analysis and redevelopment program manager. In amending a local conflict of interest code the city manager acts on behalf of the city staff for all departments of the city except for the city attorney, city clerk, city treasurer, building, advisory and appeals board, housing and redevelopment advisory committee, planning commission and the design review board. Even though the changes to the designated position are classified as nonsubstantive alterations they must nevertheless be made after compliance of the notice and hearing requirements specified by state law. In order to accomplish these amendments the city manager should request that the city clerk notice the amendments for a public hearing to be held by the city manager. Notice will be given to all persons affected by the amendment and, of course, to the public in general by publication in the appropriate places. The notice and hearing would be done in the same manner as it was done the last time we amended the code. Once the hearing by the city manager is complete the city manager then submits the amendments to the City Council which is the code reviewing body for the city. The City Council will then hold a public hearing on the amendments and approve, disapprove or approve with changes the local code. Because the design review board must adopt a local conflict of interest code which must be submitted to the City Council you might consider coordinating the hearings so that they could be noticed together and held together and thereby cut the expense associated with the notice and hearing requirements. Because the Council has created the design review board for projects in the redevelopment area it will be necessary for the design review board to adopt a local conflict of interest code. This process is started by the City Council adopting a resolution setting the deadline for submission to it of a conflict of interest code by the design review board. Once this is done, the design review board will hold a public hearing on the conflict of interest code and submit its conflict of interest code to the City Council which shall consider City Clerk/City Manager -2- October 26, 1982 the code after a public hearing. Attached to this memorandum are an agenda bill and a resolution which will establish the deadline for submission of the conflict of interest code by the design review board. please let us know. If you have any questions with regard to this procedure F. BIONDO, JR., City Attorney Assistant City Attorney rme attachment NOTICE OF PUBLIC HEARING ON AMENCMENT TO LOCAL CONFLICT OF INTEREST CODE. CITY OF CARLSBAD NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad, California, will hold a public hearing on Tuesday, February 1, 1983, at 6:OO P.M., in the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, pursuant to the Political Reform Act of 1974 (Title 9, commencing with Section 87100 , of the Government Code), to consider an amendment to the City of Carlsbad Conflict of Interest Code. The proposed amendment will amend the list of designated positions to reflect current titles and classifications, and will require persons in the designated positions to disclose investments, interests in real property, and income as required under Section 87200 of the Government Code. 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 fair opportunity to present their views. Accordingly, any interested party may appear at the date and time stated above and be heard concerning the amendment to the City of Carlsbad Conflict of Interest Code. A copy of the proposed amendment is available for inspection at the Office of the City Clerk, City of Carlsbad, 1200 Elm Avenue, Carlsbad, California. PUBLISH: January 26, 1983 ALETHA L. RAUTENKRANZ CITY CLERK CITY OF CARLSBAD Carlsbad J Decreed a Leqal Newspaper by the Superior Court of Son Dego County 31 38 - ROOSEVELT ST. 0 P.O. BOX 248 0 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 Sun 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 Citv of Carlsbad, Countv of Sun Dieao, State of California, for a period exceeding one year 2M-4'82 NOTICE OF PUBLIC HEARING ON CITY OF CARLSBAD AMENDMENT TO LOCAL CONFLICT OF INTEREST CODE NOTICE IS HEREBY GIVEN that thecity CounciloftheCityofCarls- bad. California, will hold a public hearing on Tuesday, February 1, 1983.atf3:00P.M.,intheCityCouncil Chambers, 1200Elm Avenue,Carls- bad. California. pursuant to the Political Reform Act of 1974 (Title 9, commencing with Section 87100. of the Government Code). to consid- er an amendment to the City of Carlsbad Conflict of Interest Code. The proposed amendment will amend the list of designated posi- tions to reflect current titles and classifications, and, will require persons in the designated positions to disclose investments, interests in real property. and income as re- quired under Section of the Government Code. Section 87311 of the'mvernment Code requires that the review and preparation of Conflict of Interest Codes by local government agen- cies shall be carried out under pro- cedurps 'dQieh guarantee to resi- dentsbC k jur&@ion adehuate notice and fair oppplty to.pre: sent their views. .ordingly, any interested party $Ijl$ppear at the date and ti- atatr&pbbiK and be heard concernidg.Qke dmendment to the City QWarlrbsd Conflict of Interest Code. A COPY of the proposed amend- ment is available for inspection at the Omce of the City Clerk, City of Carlsbad, 1200 Elm Avenue. earls. bad, California. > ;t ALETHA L. RAUTENKRANZ City Clerk CITY OF CARLSBAD U WItUi: January 26.1983 - 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: .......... ........ J.auua.~y . 26. 19 .8.2 . ................................ 19 .... ................................. 19 ................................. 19 .... ................................. 19 I certify under penalty of perjury that the foregoing IS true and correct. Executed at Carlsbad County of San Diego, State of California on - ae-~dfi day of __ +wF3~l-w-3- ~~ ~~ - - Clerk of the Printer ~-~- ' ( I>* _____ L 2- r- - _- Carlsbad J Decreed a Legal Newspaper by the Superior Court of SOP Diego County 31 38 ROOSEVELT ST 0 P 0 BOX 248 0 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; 1 am Over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk the printer of the Carlsbad Journal a newspaper of general circulatio~l~ published twice weekly in the City of Carlsbad, County of Sun 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 Sari 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 INTEREST CODE FOR DESIGN REVIEW BOARD NOTICE IS HEREBY GIVEN that theCityCounci1 ofthe CityofCarls- bad, California, will hold a public hearing on Tuesday, February 1, Chambers, 1983.atB:OOP.M.. 1200 Elm in thecitycouncil Avenue. Carl$- ...... J.ar?u??.J!. 25. ..... 1983. bad. California, pursuant to the Political Reform ~~t of 1974 (Title 9, Commencing with Section 87100. ofthe Government Code). to cons, er adoption ora ~~~fii~( ofIntere$ Code for an agency of the city of Carlsbad, as specifically required by Section 87300, et seq, ofthe G~~. ernment Code. The proposed CqnflictofInterest Code will require each member of the Design Review Board to djs- close investments. interests in real property and income' as required under Section 87200 of the Govern- merit Code. and also will require each such persontodisqualifl him, herself kom making or ing in themaking of any decision 19 which will foreseeably have a mate- ......................... .... rial financial effect, distinguish. able from its effect on the public generally. on any financial interest as defined in the Government Code Section 87103. Under the proposed Code. no such person would be pre- vented. however, from making or decision to the extent his or her participation is legally required Section 87311 of the Governmeni Code requires that the review and preparation of Conflict of Interest Codes by local government agen- cies shall be carried out under pro- cedures which guarantee to resi- dents Of the jurisdiction adequate notice and fair oppofiunity to ~m- sent their views. Accordingly. any interested party may appear at the date and time stated above and be :':: ~~ningtheConnictofIn- A COPY of the proposed Code and rules Of procedure for the conduct of the hearing are available ......................... for inspection at the Office of the City Clerk, City of Carlsbad. 1200 Elm Avenue. Carlsbad. California. ........................ .... 1 9 ......................... 1 9 .... 19., . . ALETHA L. RAUTENKRANZ City Clerk CITY OF CARLSBAD w167: January 26, 1w I certify under penalty of perjury that the foregoing is true participating in the making of any and correct. Executed at Carlsbad, County of San Diego, State of California on $;hzb----------- - for the decision to be made. day of ppJanuar&l%-z p~ -~ NOTICE OF PUBLIC HEARING ON ADOPTION OF CONFLICT OF INTEREST CODE FOR DESIGN REVIEW BOARD NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad, California, will hold a public hearing on Tuesday, February 1, 1983, at 6:OO P.M., in the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, pursuant to the Political Reform Act of 1974 (Title 9, commencing with Section 87100, 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 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 him/herself from making or participating in the making of any decision which will foreseeably have a material financial effect, distinguishable from its effect on the public generally, on any financial interest as defined in the 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 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. PUBLISH: January 26, 1983 ALETHA L. RAUTENKRANZ CITY CLERK CITY OF CARLSBAD MEMORANDUM DATE : February 4, 1983 TO : MEMBERS OF DESIGN REVIEW BOARD FROM: Lee Rautenkranz, City Clerk CONFLICT OF INTEREST STATEMENTS On February 1, 1983, the City Council approved the Conflict of Interest Code for the Design Review Board. Now it is time to file your Initial Statement under that Code. Since each member of the Board is also a member of another committee or commission which must file, I thought it would be easier to immediately start combining the filing onto one statement. Those who are members of the Planning Commission will be filing the same form they filed as Planning Commissioners. Those who are also members of the Housing and Redevelopment Advisory Committee will be filing a Form 721 rather than the Form 730 previously filed as Committee members. After discussing the matter with the Fair Political Practices Commission, I have slightly modified the Form 721 (Forms and Manual attached), so your filings can be combined this time. On the face sheet, I have added a category which is identified as Initial Statement. All members of the Board should check the box for Annual Statement, and it will cover the period January 1, 1982 through December 31, 1982. In addition, all members should check the box for Initial Statement (directly above the Annual Statement). The rest of the form should be completed as usual -- all schedules apply to all members of the Board. If there are any questions on this, please feel free to contact me or the City Attorney's Office. City Clerk cc: City Attorney