HomeMy WebLinkAbout1988-09-20; City Council; 9649; Conflict of Interest Disqualification 600' Rule.T
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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 $1,000 or more in any
twelve (12) month period. The 300' standard was chosen in part
because that is the same distance used in the State law for public
notice. The City of Carlsbad, by ordinance, imposes a higher
standard, expanding the notice area to 6001. Therefore, it is my
recommendation that this 600' standard should also apply for
disqualification under the Conflict of Interest Regulations.
Attached is Ordinance No. NS-3,? , which would do that. The
ordinance has been prepared at my request by the City Attorney.
After looking into the matter and discussing it with the staff of the
Fair Political Practices Commission, he has concluded that the City
has authority to adopt such an ordinance and that whether or not to
do so is a policy question for the Council.
EXHIBITS
1. Ordinance No. JUS- 3$
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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
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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
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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