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HomeMy WebLinkAbout2022-10-11; City Council; ; Adoption of Ordinance No. CS-433 Amending Carlsbad Municipal Code Chapter 1.14 – Disqualification for Conflict of InterestCA Review CKM Meeting Date: Oct. 11, 2022 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Faviola Medina, City Clerk Services Manager faviola.medina@carlsbadca.gov, 442-339-5989 Subject: Adoption of Ordinance No. CS-433 Amending Carlsbad Municipal Code Chapter 1.14 – Disqualification for Conflict of Interest Districts: All Recommended Action Adopt Ordinance No. CS-433 amending Carlsbad Municipal Code Chapter 1.14 – Disqualification for Conflict of Interest. Executive Summary/Discussion This action amends Carlsbad Municipal Code Chapter 1.14 – Disqualification for Conflict of Interest to modernize the language in the chapter and conform the language to other recent updates to the municipal code. Ordinance No. CS-433 was introduced and first read at the City Council meeting held on Sept. 27, 2022. On a motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat- Patel, the City Council voted 5-1 to introduce Ordinance No. CS-433. The second reading allows the City Council to adopt the ordinance, which will become effective 30 days after its adoption. Fiscal Analysis There is no significant fiscal impact. Next Steps The City Clerk Services Manager will have the ordinance, or a summary of the ordinance, published in a newspaper of general circulation within 15 days following adoption of the ordinances. Environmental Evaluation This action does not require environmental review because it does not constitute a project within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change or a reasonably foreseeable indirect physical change in the environment. Oct. 11, 2022 Item #5 Page 1 of 5 Public Notification This item was noticed in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1.Ordinance No. CS-433 Oct. 11, 2022 Item #5 Page 2 of 5 ORDINANCE NO. CS-433 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 1.14 - DISQUALIFICATION FOR CONFLICT OF INTEREST WHEREAS, the Political Reform Act of 1974 (Cal. Gov. Code Section 81000 et seq.) and its implementing regulations (Regulations, Cal. Code of Regs., Title 2, Section 18110 et seq.) set forth standards for determining whether a governmental decision will have a material financial effect on a public official's interest in real property; and WHEREAS, California Government Code Section 81013 authorizes the City Council to impose additional requirements regarding conflicts of interest if the requirements do not prevent compliance with the provisions of the Political Reform Act; and WHEREAS, the City Council wishes to impose a stricter standard for determining whether a governmental decision will have a material financial effect on a public official's or employee's interest in real property. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows: 1.The above recitations are true and correct. 2.That Carlsbad Municipal Code Chapter 1.14 is amended to read as follows: Sections: 1.14.010 1.14.020 1.14.030 1.14.040 1.14.050 1.14.060 Chapter 1.14 DISQUALIFICATION FOR CONFLICT OF INTEREST Purpose and intent. Definitions. Conflict of interest-Materiality standard: financial interest in real property. Penalties and enforcement. Rules of construction. Severability. 1.14.010 Purpose and intent. A.This chapter supplements the provisions of the Political Reform Act of 1974 (Act; Cal. Gov. Code, Section 81000 et seq.) and its implementing regulations (Regulations; Cal. Code of Regs., Title 2, Section 18110 et seq.) by imposing a stricter standard for determining whether a governmental decision will have a materialfinancial effect on a public official's interest in real property... 8.The city council further finds that this chapter is enacted in recognition of the city council's authority under California Government Code Section 81013 to impose additional requirements regarding conflicts of interest and that the additional requirements imposed by this chapter do not prevent a person from complying withthe Act. Oct. 11, 2022 Item #5 Page 3 of 5 Exhibit 1 1.14.020 Definitions. The words and phrases used in this chapter have the same meaning as defined in the Act. 1.14.030 Conflict of interest-Materiality standard: financial interest in real property. A.Section 87100 of the Act prohibits a public official from making, participating in making, or attempting to use the official's position to influence a governmental decision in which the official knows or has reason to know the official has a financial interest. Section 87103 provides that an official has a "financial interest" within the meaning of Section 87100 if it is reasonably foreseeable that the decision will have a material financial effect on one or more of the official's interests as identified and distinguishable from the decision's effect on the public generally. B.The city council has determined it is reasonably foreseeable that a decision will have a material financialeffect on a public official's interest in real property if the decision involves real property with a property linelocated within 600 feet or less of the official's property. This is a stricter standard than the 500 feet set forthin Regulation 18702.2(a)(7). C.Except as modified by this section, all public officials and designated employees in the city shall comply in all respects and with all provisions of the Act and the Regulations related to identifying a conflict of interest based on the material financial effect of a public official's interest in real property. 1.14.040 Penalties and enforcement. Violations of this chapter are subject to the enforcement and penalty provisions of California Government Code Sections 91000-91014. Any person who knowingly or willfully violates any provision of this chapter is guilty of a misdemeanor. The San Diego County District Attorney is the civil and criminal prosecutor for this chapter. 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 Act. 1.14.060 Severability. If any portion of this chapter, or its application to particular persons or circumstances, is held to be invalid or unconstitutional by a final decision of a court of competent jurisdiction, the decision will not affect the validity of the remaining portions of this chapter or the application of this chapter to persons or circumstances not similarly situated. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk's Office ·shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. Oct. 11, 2022 Item #5 Page 4 of 5 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 27th day of September, 2022, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 11th day of October, 2022, by the following vote, to wit: AYES: NAYS: Blackburn, Bhat-Patel, Acosta, Norby. None. ABSENT: Hall. APPROVED AS TO FORM AND LEGALITY: � /<. � CINDIE K. McMAHON, City Attorney �ATT HALL, Mayor � � FAVIOLA MEDINA, City Clerk Services Manager (SEAL) Oct. 11, 2022 Item #5 Page 5 of 5