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ORD 018U ORDINANCE NO. 18u AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING GUIDELINES FOR IMPLEMENTATION OF THE GOVERNMENTAL CONFLICT OF INTERESTS ACT, AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE , DECLARING THE URGENCY THEREOF, AND PROVIDING FOR IMMEDIATE EFFECT, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1. The Rancho Palos Verdes Municipal Code is hereby amended by adding a new Chapter 2 .5 thereto to read as follows : 2550. fuE22. and Effect . Pursuant to Section 3626 of the Government Code , guidelines are hereby adopted for the public officials of the City in their determination of whether they have an economic interest or interests which are in substantial conflict with their official duties and powers under Section 3625 (a) of the Government Code and in determining whether they have an economic interest in matters for purposes of Section 3625 (b) of the Government Code. Nothing contained herein is intended to modify or abridge the provisions of the Governmental Conflict of Interests Act, Sections 1090 through 1097 or any other provisions of law pertaining to conflict of interests . This Chapter shall be interpreted in a manner consistent therewith. Nothing contained herein shall be deemed g l b eemed adopted pursuant to or in implementation of Section 3603 or Section 3704. All numerical section references cited in the body of this Chapter are to the Government Code unless otherwise specified . 2551. Designation of { f f is ials . The "public officials , " officials ," and "elective and appointive officers" subject to the provisions of Section 3625 are : 1.. Members of the City Council• 2 . Members of the Planning Advisory Committee • 3 . City Manager; ' 4. Director of. Finance ; 5 . City Attorney; 6. City Clerk; 7. Treasurer; 8. Community Services Officer . 9. Planning Director; 10. Administrative Services Officer; 11. Members of the Planning Commisson. 2552 . Deputies . A deputy or assistant of any of the officers desig- nated in Section 2551 who is empowered to act in the place of the officer shall be subject to the provisions of Section 3625 . -1- • 2553 . Substantial Conflict . An economic int e r e s tin substantial conflict with the proper exercise of an official' s duties within the meaning of Section 3625(a) shall not be deemed to exist unless the official would be required to disqualify himself under 3625 0b) on a con- tinuous and regular basis from activities and actions which con- stitute a major and significant portion of his official duties and thereby impair his ability to function effectively and fulfill the duties of the office . 2554. Material Economic Effect . An action or decision shall not be deemed to have a material effect on an economic interest unless the official has reason to believe that , by reason of the action or decision, an . • Investment , or interest in real property, may increase or decrease in value , other than negligibly, or a business entity from which the official derives income or in which he holds a position of employment or management will gain or lose monetarily, other than negligibly . An increase or decrease of less than one percent of the value of an investment , interest in real property, or business entity, shall be deemed negligible • 2555 . Ministerial and Clerical Duties . Section 3625(b) ;shall apply only to actions which to volve discretion or judgment , and not to actions which are solely ministerial or clerical . 2556 . Parti,c.ipati.on. (a) The terms "participate," and "attempt to influence" as used in Section 3625(b) shall be deemed to include the following: 1 . Participation in debate or deliberations in voting; 2 . Preparation of oral or written reports ; 3 . Rendition of oral or written advice ; 4 . Testimony before a public agency as a part of official duties ; 5 . Discussions with any official who must decide the matter; 6 . Submission of letters or other documents to any official who must decide the matter ; 7 Issuance or denial of official approvals. (b) Nothing contained herein or in Section 3625 shall abridge the right of any citizen, whether or not a public official, to submit information or express views on the same basis as any other private citizen, provided such is done in public and the person indicates that he is acting in a private capacity . (c) An official directly involved in a matter , whether as a party, an applicant or otherwise, may, in his private capa- city, provide whatever information is necessary and perform any other steps which are required of other citizens in the same situation, individually or by counsel . He may not, however , dis- cuss the matter privately with officials who must decide the matter . -2- Ord. 18U • :---) ' 2557 . Ne,cess_it . (a) An official shall not be subject to Section 3625(b) with respect to any matter which cannot be legally acted upon or decided without his participation. (b) Section 3625(d) shall apply where : 1 . A statutory quorum or a simple majority cannot be achieved by cont inuance for a reasonable time or within legally mandated time limits; or 2 . More than a simple majority vote is required to take a proposed action and the number of officials entitled to vote is less than the number of votes required for the action to be taken; or . 3 . The official is , by law, the sole officer who can perform the action or make the decision . . (c) In cases where Subsections 8(b) (1) or 8(b) (2) of this Chapter apply, all otherwise disqualified officials shall be entitled to participate . (d) In all cases involving exceptions hereunder , the official shall comply with Section 3625(d) . 2558 Dis. ualification. An official who refrains from acting in accordance wit h Section 3625(b) need not declare the nature of the interest which disqualifies him. 2559 . • In.terprtati.o .. An official who is unsure of the application or nature of the prohibitions contained in Section 3625 may secure a written opinion from the City Attorney . When said opinion is complied with in the good faith and belief that it is consistent with the pro- visions of the Governmental Conflict of Interests Act and these guidelines , he shall thereafter be entitled to rely on said opinion - in discharging his official duties and shall be exempt from the civil penalties of Section 3751 and the sanctions of Section 3753 . • 2560 Limitat ions on Actions . (a) No action shall be brought pursuant to Section 3751 of the Government Code . to restrain the execution of or to- set aside as void any decision, contract , order , permit , ordinance , resolution or other official action unless the complaint or petition has been filed and served on the City within thirty p (30) days following the decision, contract, order, permit , or d inance, resolution or other official act ion. (b) N'o action shall be brought pursuant to Section 3751 of the Government Code to enjoin an official from violating or to compel an official to comply with the provisions of the Governmental Conflict of Interests Act or of this Chapter, unless the complaint or petition has been filed and served within 180 days after the violation of Section 3625 has occurred _3- Ord. 18U • 2561. SeverabilitL. If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have passed this Chapter and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more section, subsection, sentence , clause or phrase be declared invalid. Section 2 - Statement of Ur e .c . This ordinance shall take effect as an urgency measure immediately upon its adoption. The City Council declares that it is necessary to the public peace, health, safety and welfare that this ordinance be adopted as an urgency measure . The facts constituting the urgency are : The Governmental Conflict of Interests Act became effective on January 1, 1974. That Act creates serious and multiple obligations for public officials covered by the Act, confers broad enforcement rights upon members of the public and authorizes public agencies to adopt guidelines to aid public officials and members of the public in interpreting and applying the complicated provisions of the Act. Therefore , the City Council deems it essential that the guide- lines adopted by this ordinance pursuant to the Governmental Conflict of Interests' Act be effective immediately to avoid inadvertent violations of the Act, to prevent unmeritorious chalienges to public actions and to provide maximum public pro- tection under the Act. APPROVED AND ADOPTED this day of , �Y �l�q Y 1�Y����� 1974, by the following vote AYES: Buerk, 12321I, Ruth c_R. Ryan, . M. Ryan NOES: None ABSENT: None / 77 YOR - / . ATTEST 126, 2....___ atim4444, CITY CLERK I HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. / /,( , passed and adopted by • the City Council of the City of-Rancho Palos Verdes at a meeting thereof held on theill, day of '" A 1974, and that said Ordinance was posted pursuant to az. • ,S, 4 to -, CITY CLERK ' -4-- Ord. 18U i 1 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ss. AFFIDAVIT OF POSTI N G CITY OF RANCHO PALOS VERDES The undersigned, being first duly sworn, deposes and says: That at all time herein mentioned, he/she was and now is the duly qua l if ied and acting Deputy City Clerk of the City of Rancho Palos Verdes, California: That on the day of 19.7 he .she caused to be posted in n three conspicuous places, as requ i y law, 6,12,2„d i I a copy of which is attached hereto in the following publ is places in this City: I. Ci_ly Hall 31244 Ralos Verdes Drive West, Palos Verdes Peninsula, Calif. 90274 (Suite 205) 2. Los Angeles County Fire Department, Miraleste Station 4000 Miraleste Plaza Miraleste, California 3. Ridgecrest I ntermedi cate School 28915 N orth bay Road Palos Verdes Peninsula, California I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting City Clerk, City of Rancho Palos Verdes, Calif. By Deputy City Clerk