HomeMy WebLinkAbout2022-10-11; City Council; 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 INTERESTORDINANCE 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.
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.
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)