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HomeMy WebLinkAbout1988-09-20; City Council; 9649; Conflict of Interest Disqualification 600' Rule.T 00 00 0 N 0) ;k 0 z M 0 0 CIS OF CARLSBAD - AGEi�Q, SILL AB # q & 9 TITLE; DEFT. HD. - MTG. a� "fig �LICT OF INTEREST - DISQUALIFICATION CITY ATT PROPOSED ORDINANCE IMPOSING 600' RULE DEP�j� CITY Mkt.. RECOMMENDED ACTION: If the City Council concurs, your action is to introduce Ordinance No. LVS -3$ ITEM EXPLANATION The City Attorney in a memorandum dated August 15, 1988 reported on the new Conflict of Interest Regulations adopted by the Fair Political Practices Commission. These regulations automatically require disqualification whenever a decision -maker has property which is directly involved in a decision before the official's agency. The regulations also contain rules for determining whether or not an official has a disqualifying interest in real property which is affected by a decision. (Section 18702.3 of Title 2, California Code of Regulations). Under the new rules, disqualification is required whenever ap official has an interest in property any part of which is located within a 3001 radius of the boundaries of the property which is the subject of the decision, unless that decision will have no financial effect on the official's property. When the property is located outside the 300' radius but within a 2,500' radius, disqualification is required if the decision will have a reasonably foreseeable financial affect of $10,000 or more on the fair market value or cause an increase in rental value of $1,000 or more in any twelve (12) month period. The 300' standard was chosen in part because that is the same distance used in the State law for public notice. The City of Carlsbad, by ordinance, imposes a higher standard, expanding the notice area to 6001. Therefore, it is my recommendation that this 600' standard should also apply for disqualification under the Conflict of Interest Regulations. Attached is Ordinance No. NS-3,? , which would do that. The ordinance has been prepared at my request by the City Attorney. After looking into the matter and discussing it with the staff of the Fair Political Practices Commission, he has concluded that the City has authority to adopt such an ordinance and that whether or not to do so is a policy question for the Council. EXHIBITS 1. Ordinance No. JUS- 3$ 0 a fn co 9 O d (= N v w _a O LL : Z U W Z 0 O co LL U F- >- 11J U w z o a U a. "' m Z O' U) a Cr } U U 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 ORDINANCE NO. NS-38 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 1 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDICTION OF CHAPTER 1.14 REGARDING DISQUALIFICATION FOR CONFLICT OF INTEREST. The City Council of the City of Carlsbad, California does hereby ordain as follows: SECTION I: That Title 1 of the Carlsbad Municipal Code is amended by the addition of Chapter 1.14 to read as follows: Sections: 1°Chapter 1.14 DISQUALIFICATION FOR CONFLICT OF INTEREST 1.14.010 Purpose and intent. 1.14.020 Definitions. 1.14.030 Conflict of Interest - Disqualifications 1.14.040 Penalties and enforcement. 1.14.050 Rules of construction. 1.14.010 Purpose and intent. This chapter is to supplement the provisions of the Political Reform Act of 1974. The City Council finds that this chapter regards a municipal affair, that there is nothing in this chapter that conflicts with the general laws of the state, and that the additional requirements imposed by this chapter pursuant to Government Code Section 81013 do not prevent a person from complying with said act. 1.14.020 Definitions. The words and phrases used in this chapter shall have the same meaning as defined in the Political Reform Act of 1974, Title 9 of the (government Code of the State of California, as said Act now exists or may hereafter be amended. 1 14.030 Conflict of interest - Disqualifications. (a) The Regulations adopted by the Fair Political Practices Commission provide that a public official may not participate in a governmental decision when the official has an interest in real property which is located within a 3001 radius of the boundaries or proposed boundaries of a property which is the subject of a decision before the official unless that decision will have no financial effect upon a official's interest. (b) This Section imposes a stricter standard for all public officials in the City of Carlsbad who shall not participate 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17i 18' 19'. 20' 2:1 22 23 24 25 26 27 28 in a decision when the official has an interest in property located within a 600' radius of the boundaries of a property which is the subject of a decision before that official unless that decision will have no financial effect upon the official's interest. When the real property in which the official has an interest is located outside a radius of 6001, but any part of which is located within a 2,500' radius of the boundaries or proposed boundaries of the property before the official, then the official shall not participate when the decision will have a reasonably foreseeable financial effect of $10, 000 or more on the fair market value of the real property in which the official has an interest or when the decision will effect the rental value of such property by $1,000 or more for any twelve (12) month period. Except as modified by this Section all public officials in the City of Carlsbad shall comply in all other respects and with all other provisions of the material financial effect rules in the Commission's regulations. 1.14.040 Penalties and enforcement. The penalties and enforcement provisions of the Political Reform Act of 1974, Sections 91000 - 91014 of the Government Code of the State of California shall apply to any violation of the provisions of this chapter. Any person who knowingly or willfully violates any provision of this chapter is guilty of a misdemeanor. For purposes of this chapter, the district attorney of San Diego County is the civil and criminal prosecutor. 1.14.050 Rules of construction. The provisions of this chapter shall be construed liberally in order to accomplish the intent and purposes of this chapter and the Political Reform Act. of 1974". EFFECTIVE DATE: This ordinance shall be effective thirty' days after its adoption, and the City Cleric shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 20th day of September , 1988 and thereafter U II 2 3 4 5 6 7 8 9 10 11 12 fl 2 13 1 0 � � N � Q � UwQ 14 z w 0 H ¢ a 175 U ¢ LL Z LU Ujzgm 16 zo�N a a 17 h U 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 27th day of September , 1988, by the following vote, to Tait: AXES: Council Members Lewis, Kulchin, Mamaux and Larson NOES: Council Member Pettine ABSENT: none APPROVED AS TO FO�j AND LEGALITY ATTEST: ALETHA L. RAUTENIZRANZ, City lerk