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HomeMy WebLinkAboutReso 1999-19385 RESOLUTION NO. 19385 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING PROPOSED COUNCIL POLICY ON USE OF CITY OF CHULA VISTA DISCLOSURE FORM WHEREAS, at the January 12, 1999, Council meeting, Council requested the Disclosure Form currently used be re-evaluated and amended based on recent changes to the definition of contribution in Municipal Code section 2.52.040; and WHEREAS, during review of the disclosure form it was determined there was no Council policy adopting its use; and WHEREAS, the City Council desires to institute a policy requiring the completion of the Chula Vista Disclosure Statement form prior to the taking of any discretionary action by the Council, Planning Commission, or other official body of the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt the proposed Council policy, as set forth in Attachment 1, and the Disclosure Form, as set forth in Attachment 2, attached hereto and incorporated herein by reference. Presented approved as to form by · I Resolution 19385 Page 2 Attachment 1 Council Policy City of Chula Vista Policy Number: Effective Date: Adopted by: Resolution No. Dated: BACKGROUND The City takes many discretionary actions that impact the applicants or contractors and the citizens of Chula Vista as a whole. Due to the political nature of many decisions, it is important to avoid both the appearance of and any actual impropriety in the approval or denial of these discretionary actions. One area of concern is the failure to disclose ownership or financial interests, payments or campaign contributions accepted by members of the City staff, board or commission member, or elected officials who may be involved in the decision making process. PURPOSE The purpose of this policy is to establish a standard approach to determine if there is an appearance of or an actual impropriety presented by the involvement of an elected or appointed official of the City with the applicant or contractor on a particular project pending before the City. This policy will provide the applicant or contractor the opportunity to disclose their activities that may create a conflict for the City official. POLICY Prior to any action upon matters which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments or campaign contributions must be filed by the applicant or contractor on the project. The Council is primarily concerned that all potential conflicts for all projects coming before the City for discretionary approval are discovered. To accomplish this goal, this policy is being implemented. IMPLEMENTING PROCEDURES 1. The City Manager will implement an administrative procedure ensuring that all departments provide the attached "City of Chula Vista Disclosure Form" to all project applicants/contractors who have projects pending before the City which will require a discretionary action by the City Council, Planning Commission, or other official body of the City. 2. The City Manager will work with the department heads to provided the Council, Planning Commission or other official body of the City with the completed disclosure form with sufficient time for the decision-maker to determine if a conflict exists. I [ Resolution 19385 Page 3 3. Council shall be notified if a contractor or applicant fails or refuse to complete the Disclosure Statement form. 4, Failure to complete the disclosure form may result in a delay in processing the project/application. 5. The City Manager will work with the City Attorney to review and update the Chula Vista Disclosure Statement form annually and see that all departments are using the most current version of the form. · t Resolution 19385 Page 4 Attachment 2 City of Chula Vista Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. 3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter? 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months. Yes No If Yes, briefly describe the nature of the financial interest the official** may have in this contract? 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No __ Yes ~ If yes, which Councilmember? Resolution 19385 Page 5 7. Have you or any member of your governing board (i.e. Corporate Board of Directors/ Executives, non-profit Board of Directors) made contributions totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No If Yes, which Councilmember 6. Have you provided more than 9300 (or an item of equivalent value) to an official * * of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No If Yes, which official** and what was the nature of item provided? Date: . Signature of Contractor/Apphcant' Print or type name of Contractor/Applicant · Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or any other group or combination acting as a unit. * * Official includes, but is not limited to: Mayor, Councilmember, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. Resolution 19385 Page 6 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 27,h day of April, 1999, by the following vote: AYES: Councilmembers: Davis, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Moot and Padilia ABSTAIN: Councilmembers: None Shi~fl'or-~ ~ ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 19385 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 27th day of April, 1999. Executed this 27th day of April, 1999. Susan Bigelow, City Clerk