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HomeMy WebLinkAboutReso 1990-15961 RESOLUTION NO. 15961 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A CONFLICT OF INTEREST CODE The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, pursuant to Government Code Section 87300, part of the Political Reform Act requires all local governmental agencies (including Charter Cities and Redevelopment Agencies) to adopt Conflict of Interest Codes applicable to every officer, employee, member or consultant of the agency whose position entails the making or participating in the making of decisions which may foreseeably have a material financial effect on any financial interest, and which Code requires such designated employees to disclose and disqualify themselves from making, participating in, or attempting to influence such decisions, and WHEREAS, the City has previously adopted a Conflict of Interest Code through Chapter 2.02 of the Chula Vista Municipal Code and the Agency needs to adopt a Code applicable to its officers, employees, members and consultants, and WHEREAS, new positions have been created and new duties assigned to existing designated positions, requiring amendments to the Code, and WHEREAS, it is desirable to consolidate the requirements into a single Code with reports made to a single reporting officer (the City Clerk), and WHEREAS, the Conflict of Interest Code provided by Chula Vista Municipal Code Chapter 2.02 has been repealed and it is desirable to supersede it with the attached Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt the attached Conflict of Interest Code which shall be effective on the date the repeal of Chapter 2.02 becomes effective. Presented by and approved as to form by Resolution No. 15961 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 18th day of December, 1990 by the following vote: AYES: Councilmembers: Malcolm, Moore, Nader, Rindone NOES: Councilmembers: None ABSENT: Councilmembers: McCandliss ABSTAIN: Councilmembers: None / ,~adle L. ~cCandliss, ~ayor ATTEST: Beverly~. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 15961 was duly passed, approved, and adopted by the City Council of the City of Chula Vista, California, at a regular meeting of said City Council held on the 18th day of December, 1990. Executed this 18th day of December, 1990. Bevellye. ~uthelet, Ci{9 Clef Resolution No. 15961 Page 3 EXHIBIT A CONFLICT OF INTEREST CODE FOR THE CITY OF CHULA VISTA AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA SECTION I. PURPOSE. This Code is adopted pursuant to the provisions of Government Co~tion 87300 et seq. to provide for the disclosure or prevention of all foreseeable potential conflict of interest; to provide affected persons with clear and specific statements of their duties under the Code; and to differentiate between designated employees with different powers and responsibilities. The requirements hereof are in addition to the other requirements of the Political Reform Act and other state and local laws pertaining to conflict of interests, including the general prohibition against conflicts of interest found in Government Code Section 87100. SECTION II. Incorporation by Reference. The provisions of 2 California Code of Regulations Section 18730, except Section 8.5 thereof, a copy of which is attached hereto marked Exhibit "A", are hereby incorporated by this reference and constitute the Conflict of Interest Code for the City of Chula Vista and the Redevelopment Agency of the City of Chula Vista. SECTION III. Section 4 of the Code found in 2 California Code of Regulations Section 18730 is replaced with the following Section 4: Section 4. All designated employees shall file the statements of economic interests required herein with the City Clerk for the City of Chula Vista. Where the person filing such statements is required to file in both City and Agency capacities, said filing may be made on a single form(s), specifying therein that it is filed in both capacities (e.g. City Manager/Redevelopment Agency Executive Director). APPENDIX A. Persons holding positions listed below are required to file the initial, annual, and leaving office statements of financial interest required by this Code for the types of interests in the categories set forth in the column "Disclosure Categories" opposite the column "Designated Positions". It has been determined that these k persons mae or participate in making decisions which foreseeably may have a material effect on such financial interests. Resolution No. 15961 Page 4 --- B. Where the disclosure category requires disclosure of interests in real property, the designated employee need only disclose real property which is located in whole or in part within or not more than two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the local government agency. C. Where the disclosure category requires disclosure of investments or sources of income, the designated employee need only disclose investments in business entities and sources of income which do business in the jurisdiction, plan to do business in the jurisdiction or have done business in the jurisdiction within the past two years. In addition to other activities, a business entity is doing business within the jurisdiction if it owns real property within the jurisdiction. D. Where the disclosure category requires disclosure of business positions, the designated employee need only disclose positions of director, officer, partner, trustee, employee, or any position of management in organizations or enterprises operated for profit. E. The Disclosure Categories are: CATEGORY l: Investments and sources of income. CATEGORY 2: Interests in real property. CATEGORY 3: Investments, interests in real property and sources of income subject to the regulatory, permit or licensing authority of the department. CATEGORY 4: Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. CATEGORY 5: Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. CATEGORY 6: Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. CATEGORY 7: Business positions. Resolution No. 15961 Page 5 DESIGNATED POSITIONS DISCLOSURE CATEGORIES 1. Mayor, Councilmembers/Chairman ~/ Members of Redevelopment Agency 2. City Manager/Executive Director ~/ 3. City Attorney/Agency Attorney ~/ 4. Finance Director/Chief Financial ~/ Officer 5. Assistant Finance Director/ ~/ Agency Investor 6. Members of the Planning ~/ Commission 7. Director of Community Development/ 1,2,7 Secretary of the Redevelopmerit Agency 8. City Clerk t ,2,7 9. Deputy City Clerk 1,2,7 10, Assistant City Attorneys 1,2,7 ll. All other Department Heads, 1,2,7 Assistant and Deputy City Managers and Assistant and Deputy Department Heads 12. Associate Civil Engineer 3,4,5 13. Battalion Chief 3,6 14. Building and Housing 3,7 Inspectors (Senior, II and I) 15. Building Services Superintendent 3,5,6 16. Budget Officer 5 17. Buyer 1,7 18. Chief Plans Examiner 3 Resolution No. 15961 Page 6 · 19. Environmental Review Coordinator 3,4 20. Equipment Maintenance Superintendent 5,6 21. Fire Marshal 3,6 22. Housing Coordinator 3,4,7 23. Open Space Coordinator 4,6 24. Open Space Inspector 4,6 25. Landscape Architect 2,4,7 26. Parks Superintendent 3,6 27. Permit Engineer 3,4,6 28. Police Captain 1,2,7 29. Plans Examiner 1,2,7 30. Principal Community Development 3,4,6,7 Specialist 31. Principal Librarian 6 32. Principal Management Assistant 5,7 33. Principal Planner 1,2,7 34. Public Information Coordinator 4,5 35. Public Works Inspector (Senior, I and II) 3,4 36. Public Works Maintenance Superintendent 3,5,6 37. Purchasing Agent 1,7 38. Recreation Superintendent 3,6 39. Redevelopment Coordinator 3,4,6,7 40. Revenue and Recovery Officer 3 41. Risk Manager 1,7 Resolution No. 15961 Page 7 42. Senior Accountant 3 43. Senior Code Enforcement Officer 3,7 44. Senior Civil Engineer 3,4,5 45. Senior Community Development Specialist 3,4,6,7 46. Transit Coordinator 5,7 47. Traffic Engineer 3,4,5 48. Zoning Enforcement Officer 3,7 49. Board of Appeals and Advisors Members 2,5 50. Boardof Ethics Members 1,2,7 51. Civil Service Commission Members 3 52. Commission on Aging 1,7 53. Design Review Committee Members 2,4,7 54. Economic Development Commission Members 1,2,7 55. Growth Management Oversight Committee 2,4,7 Members 56. Human Relations Commission 2,7 57. International Friendship Commission 1,7 Members 58. Montgomery Community Planning 2,4,7 Committee Members 59. Otay Valley Road Project Area 3,7 Committee Members 60. Parks and Recreation Commission Members 2,4,7 61. Resource Conservation Commission 2,4,7 Members Resolution No. 15961 Page 8 - 62. Safety Commission Members 63. Southwest Project Area Commi tree Members 3,7 64. Town Centre Project Area Committee Members 65. Consultants If designated in their contracts, for the categories specified in their contracts by Council, the Agency, City Manager/Executive Director, or Purchasing Agent *_/ As required by Government Code 5~87200-87210. Included for disqualification purposes only. See Government Code ~87200 for disclosure requirements.