HomeMy WebLinkAbout2003-04-15; City Council; 17136; Amendment of Municipal Code 1.20.350CITY OF CARLSBAD -AGENDA BILL CB)
AB# 17,136
CITY MGR. DEPT. CA
CITY ATTY. dB AMENDMENT OF CARLSBAD MUNICIPAL CODE 51.20.350 MTG. 4/ 15/01
DEPT. HD. TITLE:
TO BE CONSISTENT WITH STATE LAW
RECOMMENDED ACTION:
That Council introduce Ordinance No. NS-659 amending Section 1.20.350
regarding disqualification due to a conflict of interest.
ITEM EXPLANATION:
In January, 2003 the state legislature enacted AB 1797 and codified it as Section 87105 of
the Government Code. This section points out the actions a public official at any level of
state or local government must take in the event he or she is disqualified from participating in
a matter due to a conflict of interest. Those actions are:
a. Publicly identify the financial interest that gives rise to the conflict of interest or potential
conflict of interest in detail sufficient to be understood by the public, except that
disclosure of the exact street address of a residence is not required.
b. Recuse himself or herself from discussing and voting on the matter.
c. Leave the room until after the discussion, vote and any other disposition of the matter is
concluded, unless the matter has been placed on the consent calendar.
d. A Council Member may address the Council notwithstanding a conflict during the time
that the general public speaks on the issue.
The attached ordinance amends section 1.20.350 of the Carlsbad Municipal Code so that it
is consistent with Government Code section 87105
FISCAL IMPACT:
There is no fiscal impact.
ENVIRONMENTAL REVIEW:
Pursuant to Public Resources Code section 21065 and CEQA Guidelines 15378, this
ordinance does not constitute a “project” within the meaning of CEQA and, therefore, does
not require environmental review.
EXHIBITS:
1. Ordinance No. NS-659
ORDINANCE NO. NS- 659
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AMENDING SECTION
1.20.350 OF THE CARLSBAD MUNICIPAL CODE TO BE
CONSISTENT WITH STATE LAW REGARDING
DISQUALIFICATION DUE TO A CONFLICT OF INTEREST
The City Council of the City of Carlsbad, California does
ordain as follows:
SECTION 1: That section 1.20.350 of the Carlsbad Municipal Code is
amended to read as follows:
"1.20.350 Disclualification for conflict of interest.
If a council member has reason to think a conflict of interest may exist, he shall
give the facts of the matter to the city attorney and request advice thereon prior to the
meeting. Any council member who is disqualified from voting on a particular matter by
reason of a conflict of interest or a potential conflict of interest and immediately prior to
the consideration of matter, shall:
a. Publicly identify the financial interest that gives rise to the conflict of
interest or potential conflict of interest in detail sufficient to be understood by the public,
except that disclosure of the exact street address of a residence is not required.
b. Recuse himself or herself from discussing and voting on the matter.
c. Leave the room until after the discussion, vote and any other
disposition of the matter is concluded, unless the matter has been placed on the
consent calendar.
d. A Council Member may address the Council notwithstanding a
conflict during the time that the general public speaks on the issue.
A council member stating such disqualification shall not be counted as a part of a
quorum and shall be considered absent for the purpose of determining the outcome of
any vote on such matter."
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and.the City Clerk shall certify the adoption of this ordinance and cause it to
be published at least once in a newspaper of general circulation in the City of Carlsbad
within fifteen days after its adoption.
Ordinance No. NS -659 Page 1 of 2
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
City Council on the 15th day of April ,2003, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad on the day of , 2003, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
Ordinance No. NS -659 Page 2 of 2
1.20.350 Disqualification for conflict of interest.
If a council member has reason to think a conflict of interest may exist, he
shall give the facts of the matter to the city attorney and request advice thereon
prior to the meeting. Any council member who is disqualified from voting on a
particular matter by reason of a conflict of interest or a potential conflict of
interest or a potential conflict of interest and immediatelv prior to the
consideration of matter, shall:
e identify the financial interest
.that gives rise to the conflict of interest or potential conflict of interest in
detail sufficient to be understood bv the public, except that disclosure of
the exact street address of a residence is not required.
a. Publicly .. ..
Recuse himself or herself from discussing and voting
on the matter.
other disposition of the matter is concluded, unless the matter has been
placed on the consent calendar.
d. A Council Member mav address the, Council
notwithstanding a conflict durinq the time that the general public speaks on
the issue.
A council member stating such disqualification shall not be counted as a
part of a quorum and shall be.considered absent for the purpose of determining
the outcome of any vote on such matter.
c. Leave the room until after the discussion, vote and any