HomeMy WebLinkAbout05-01 - Council Members Conflict of Interest and City Attorney Opinions Regarding Conflict of InterestORDINANCE NO. 05-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA AMENDING TITLE 2
SECTION 2-68(d) AND (e) OF THE COSTA MESA
MUNICIPAL CODE REGARDING COUNCIL MEMBERS
CONFLICT OF INTEREST AND CITY ATTORNEY
OPINIONS REGARDING CONFLICT OF INTEREST.
WHEREAS, the Costa Mesa Municipal Code currently requires that all conflict of
interest opinions rendered by the City Attorney at the request of a Council Member to be
in writing; and
WHEREAS, it has been determined that the requirement that all conflict of
interest opinions must be in writing is not practical and is not a requirement of State law;
and
WHEREAS, the California Government Code Section 87105 was recently
amended to prohibit a Council Member with a conflict of interest to remain in the room
during a discussion of the agenda item in which that member has a conflict of interest;
and
WHEREAS, the City of Costa Mesa's Municipal Code currently indicates that in
the event of a conflict of interest, a Council Member who has a conflict "may" remain in
his seat during the discussion; and
WHEREAS, to avoid a conflict between the State law and the Costa Mesa
Municipal Code, it has been determined that the Municipal Code should be amended to
reflect the change in State law.
WHEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Costa Mesa Municipal Code Section 2-68(d) is hereby amended to
read as follows:
In the event the city attorney is requested by a member of city council, or a
member of city commissions or boards established and appointed by city council or by
law, to render an opinion upon the question of such public official's disqualification from
making, or participating in making, of decisions which may foreseeably have a material
effect on a financial interest, the city attorney, in his or her discretion, may, render a
written opinion upon such question.
Section 2. Costa Mesa Municipal Code Section 2-68(e) is hereby amended to
read as follows:
Any council member, or member of city commissions or boards established and
appointed by city council or by law, who is disqualified from voting on a particular matter
by reason of a conflict of interest shall publicly state or have the presiding officer or city
attorney state the nature of such disqualification in the open council, or commission or
board meeting. Where no clearly disqualifying conflict of interest appears, the matter of
disqualification may, at the request of the council member affected, be decided by other
council members or by the city attorney. A council member who is disqualified by
reason of a conflict of interest in any matter shall comply with the provisions of
California Government Code Section 87105 as may be amended from time to time
regarding the conduct of a Council Member with a conflict of interest.
Section 3. Inconsistencies. Any provision of the Costa Mesa Municipal Code
or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to affect the provisions of this Ordinance.
Section 4. Severability. If any chapter, article, section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any
person, is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portion of this Ordinance or its application to other persons. The City Council
hereby declares that it would have adopted this Ordinance and each chapter, article,
section, subsection, subdivision, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or portions of the application thereof to any person, be declared
invalid or unconstitutional. No portion of this Ordinance shall supersede any local,
State, or Federal law, regulation, or codes dealing with life safety factors.
Section 5. Publication. This Ordinance shall take effect and be in full force
and effect thirty (30) days from and after its passage and, before the expiration of fifteen
(15) days after its passage, shall be published once in the NEWPORT BEACH -COSTA
MESA PILOT, a newspaper of general circulation printed and published in the City of
Costa Mesa, or, in the alternative, the City Clerk may cause to be published a summary
of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the
office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and
within fifteen (15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post in the office of the City Clerk a certified copy of
this Ordinance together with the names of the members of the City Council voting for
and against the same.
PASSED AND ADOPTED this 18� day of January, 2005
ATTEST:
De y City Clerk 6f the
City of Costa Mesa
STATE OF CALIFORNIA)
COUNTY OF ORANGE) ss
CITY OF COSTA MESA)
Mayor of the City of Costa Mesa
APP OVED AS TO FORM:
City Attor y
I, JULIE FOLCIK, Deputy City Clerk and ex -officio clerk of the City Council of the City of
Costa Mesa, hereby certify that the above and foregoing Ordinance No. 05-1 was
introduced and considered section by section at a regular meeting of said City Council
held on the 3rtl day of January, 2005, and thereafter passed and adopted as a whole at
a regular meeting of said City Council held on the 18� day of January, 2005, by the
following roll call vote:
AYES: Mansoor, Monahan, Bever, Dixon, Foley
NOES: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City
of Costa Mesa this W day of January, 2005.
ax-
eputy City Clerk and ex -officio
Clerk of the City Council of the
City of Costa Mesa