HomeMy WebLinkAboutReport to Mayor and CouncilMayor
Ron Morrison
Council Members
Alejandro Sotelo-Solis
Louis Natividad
Mona Rios
Rosalie Zarate
TO:
FROM:
SUBJECT: Five -Year Implementation Plan: Abstention of Members of the CDC Board;
Legally Required Participation
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Office of the City Attorney
City Attorney
Claudia Gacitua Silva
Legal Counsel
George H. Eiser, III
Senior Assistant City Attorney
Jodi L. Doucette
Mayor and City Council
City Attorney
DATE: April 19, 2011
I request the following statement be made part of the record pertaining to the Five -Year
Implementation Plan:
The legislative body of the City of National City is the City Council. As authorized by the
Community Redevelopment Law of the State of California, the City Council is also the
governing board of the Community Development Commission (CDC). The Community
Redevelopment Law provides that the CDC is the legislative body that holds the public hearing
and adopts the resolution approving the Implementation Plan. In National City, there is no other
body available to hold the public hearing or adopt the resolution approving the Implementation
P lan.
Political Reform Act Conflict of Interest
The Political Reform Act prohibits a public official from participating in a governmental
decision in which the official has a disqualifying conflict of interest. Generally, a public official
has a conflict of interest if the decision will have a reasonably foreseeable material financial
effect on one or more of the official's economic interests.
California Code of Regulations, Section 18704.2, provides that "real property in which a public
official has an economic interest is directly involved in a governmental decision if ... the real
property in which the official has an interest, or any part of that real property, is located within
500 feet of the boundaries ... of the property which is the subject of the governmental
decision." On tonight's agenda, the property that is the subject of the decision is the
redevelopment project area, California Code of Regulations, Section 18705.2, provides that
where a public official has an interest in real property which is directly involved in a
governmental decision, the financial affect upon the real property is presumed to be material,
unless the presumption is rebutted. This presumption may be rebutted by proof that it is not
reasonably foreseeable that the governmental decision will have any financial effect on the real
property.
1243 National City Boulevard; National City, California 91950-4301
Tel.: (619) 336.4220 Fax: (619) 336.4327
April 19, 2011
Page Two
Mayor Morrison, Vice -Mayor Sotelo-Solis, and Councilwoman Zarate have properties located in
the project area, which would be deemed to be directly involved in a governmental decision, and
upon which the financial effect is presumed to be material. The residences of Vice -Mayor
Sotelo-Solis and Councilwoman Zarate are located in the redevelopment project area. Mayor
Morrison has an ownership interest in a residential property located in the redevelopment project
area. A decision to adopt an implementation plan is being considered by the CDC. Pursuant to
the provisions of the Political Reform Act and of Title 2 of Division 6 of the California Code of
Regulations, Mayor Morrison, Vice -Mayor Sotelo-Solis, and Councilwoman Zarate have
determined to abstain from participating in the decision to adopt the Implementation Plan,
because that decision may have a material financial affect on their real property interests located
in the project area.
Lack of a Quorum and Legally Required Participation
The abstentions of three members of the City Council with the property interests within the
project area result in less than a quorum being available to consider adoption of the
Implementation Plan. The absence of a quorum requires us to invoke the concept of "legally
required participation." This concept allows a disqualified official to be "re -qualified" by a
random selection process in the decision -making process, allows a quorum to be present, and for
the re -qualified official to participate in the decision -making process until it is completed. This
process was followed when the proposed Implementation Plan was considered at the March 29,
20l l meeting of the CDC. The process resulted in Boardrember Zarate being re -qualified to
participate.
C� rIA GVA
City Attorne
CGS/gmo
cc: City Manager
Executive Director CDC
City Clerk
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