HomeMy WebLinkAboutOrdinance 527CERTIFICATION
I, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Atascadero, hereby
certify that the foregoing is a true and correct copy of Ordinance No. 527, adopted by the
Atascadero City Council at a regular meeting thereof held on March 11, 2008, and that it has been
6. duly published pursuant to State Law.
DATED: 7 , ` f (!�'G C`G;� / �L��%t.,1T
Marcia McClure Torgerson, C.M.C.
City Clerk
City of Atascadero, California
ORDINANCE NO. 527
am AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO
MUNICIPAL CODE BY ADOPTING SECTION 2-15.06 REQUIRING CITY
COUNCIL MEMBERS AND PLANNING COMMISSIONERS TO
DIVULGE CERTAIN CONFLICTS OF INTEREST RELATING TO CODE
ENFORCEMENT AND PLANNING AND ZONING CODE MATTERS
The City Council hereby finds and declares as follows:
WHEREAS, Title 12 of the Atascadero Municipal Code sets forth the procedures for
enforcement of the Municipal Code and specifically for penalties and citations issued in response
to violations of the Municipal Code; and,
WHEREAS, the City has adopted a policy and a form for citizen complaints regarding
Municipal Code compliance and enforcement, which policy and form provide for the
confidentiality of a citizen making a Municipal Code compliance complaint; and,
WHEREAS, Title 9, Chapter 8 of the Municipal Code sets forth the procedures for
enforcement of the sections of the Municipal Code that constitute the Planning and Zoning Code;
am and,
WHEREAS, Title 9, Chapter 8 of the Municipal Code establishes the Planning
Commission as the hearing body and the City Council as the appeals body for enforcement of
and revocation of Planning and Zoning Code approvals; and,
WHEREAS, the City has adopted a policy for citizen complaints regarding Planning and
Zoning Code compliance and enforcement, which policy and form provide for the confidentiality
of a citizen making a complaint; and,
WHEREAS, Title 2, Chapter 1 of the Municipal Code sets forth the principles for the
governing of City Council meetings and activities and Title 2, Chapter 15 of the Municipal Code
establishes the conflict of interest rules governing the City Council; and,
WHEREAS, Title 2, Chapter 15 of the Municipal Code does not contain any provisions
relating to conflicts of interests arising from enforcement of the Municipal Code or enforcement
of and revocation of Planning and Zoning Code approvals; and
WHEREAS, Title 2, Chapter 9 of the Municipal Code establishes the Planning
Commission and vests the Commission with certain powers and duties but does not contain any
provisions relating to conflicts of interests arising from enforcement of the Municipal Code or
enforcement of and revocation of Planning and Zoning Code approvals; and,
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City of Atascadero
Ordinance No. 527
Page 2 of 3
WHEREAS, the City Council desires to clarify the conflict of interest provisions of the
Municipal Code to ensure that a City Council Member or Planning Commissioner does not
participate in hearings or appeals relating to enforcement of the Municipal Code or enforcement
of and revocation of Planning and Zoning Code approvals where the Member or Commissioner
filed the complaint leading to the hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS
SECTION 1. Findings
The City Council hereby incorporates the foregoing recitals and in addition finds as follows:
1. Amendment of the Municipal Code is necessary to clarify the City's conflict of
interest provisions and ensure that no Council Member or Planning Commissioner
participates in a hearing or appeal relating to enforcement of the Municipal Code or
enforcement of and revocation of Planning and Zoning Code approvals where the
Member or Commissioner filed the complaint leading to the hearing.
2. The City of Atascadero would benefit from disclosure by City Council Members
and Planning Commissioners who file a complaint leading to enforcement of the
Municipal Code or enforcement of and revocation of Planning and Zoning Code
approvals to maintain the impartiality of the proceedings.
3. The City would further benefit from a prohibition against a City Council Member's
or Planning Commissioner's participation in any decision arising out of a complaint
that he or she filed. This prohibition, arising from the presumptions that the
member's filing of the complaint indicates a prejudgment of the matter and that the
member is incapable of providing fair treatment to the matter due to prejudgment,
further maintains the impartiality of the proceedings.
SECTION 2. Adoption. The City Council of the City of Atascadero, in a regular session
assembled on February 26, 2008, resolved to introduce for first reading by title only, an
Ordinance that would amend the Municipal Code text with the following:
Section 2-15.06 of the Atascadero Municipal Code is added to read as follows:
2-15.06 Disclosure and Disqualification for Enforcement Hearings of City
Council Members or Planning Commissioners.
(1) This section of the conflict of interest code shall be applicable to members of the
City Council as well as members of the Planning Commission (as established by
Title 2, Chapter 9 of this Municipal Code).
City of Atascadero
Ordinance No. 527
Page 3 of 3
(2) Any member of the City Council or Planning Commission who files a complaint
leading to an enforcement action pursuant to Title 12 of the Municipal Code or an
am enforcement action pursuant to Title 9, Chapter 8 of the Municipal Code must
disclose that he or she filed a complaint. Such disclosure must take place prior to
the matter being heard by the body on which the officer sits.
(3) After the member of the City Council or Planning Commission discloses his or her
participation in the action, that member must recuse himself or herself from
making, participating in making, or influencing as an officer any decision on the
matter. The member may participate in any hearing on the matter as a private
citizen or complainant if the member's interest in the matter qualifies as a "personal
interest" as defined by the Political Reform Act, California Government Code
sections 87100 et seq. and applicable regulations.
SECTION 3: A summary of this ordinance, approved by the City Attorney, together with the
ayes and noes, shall be published twice: at least five days prior to its final passage in the
Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before
the expiration of fifteen (15) days after its final passage, in the Atascadero News, a newspaper
published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall
be on file in the City Clerk's Office on and after the date following introduction and passage and
shall be available to any interested member of the public.
INTRODUCED at a regular meeting of the City Council held on March February 26, 2008, and
am PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on
March 11, 2008, by the following roll call vote:
AYES: Council Members Clay, O'Malley and Mayor Brennler
NOES: Council Members Beraud and Luna
ABSTAIN: None
ABSENT: None
ATTEST:
TASCADERO
Marcia McClure Torgerson, C. . ., ike Brennler, Mayor
City Clerk
APPROV ASTO F M:
am Brian Pierik, City Attorney