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HomeMy WebLinkAboutReso 1979-9705RESOLUTION NO. 9705 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SETTING A DEADLINE FOR THE SUBMISSION OF A CONFLICT OF INTEREST CODE, ESTABLISHING THE CITY COUNCIL AS THE CODE REVIEWING BODY OF THE CITY OF CHULA VISTA, DESIGNATING CERTAIN OFFICERS, EMPLOYEES, BOARDS AND COMMISSIONS OF THE CITY OF CHULA VISTA AS AGENCIES, DIRECTING SAID AGENCIES TO DRAFT AND SUBMIT A CONFLICT OF INTEREST CODE FOR ACTION BY THE CODE REVIEWING BODY, AND APPROVING RULES OF PROCEDURE THEREFOR The City Council of the City of Chula Vista does hereby -e solve as follows: WHEREAS, Section 87300 et seq. of the Government Code f the State of California requires that every agency of the tate shall adopt and promulgate a "CONFLICT OF INTEREST CODE" ursuant to the provisions of said Article 3, Chapter 7 of the olitical Reform Act of 1974. NOW, THEREFORE, BE IT RESOLVED by the City Council ~f the City of Chula Vista that in accordance with the provisions ~f said Article 3, Chapter 7 of the Political Reform Act of 1974 (hereinafter referred to as "The Act") commencing with Section 37300 of the Government Code that the following actions be, and the same are hereby directed to be undertaken: 1. The City Council of the City of Chula Vista does ereby establish itself as the Code Reviewing Body of the City f Chula Vista. 2. The City Council, as the Code Reviewing Body of e City of Chula Vista, does hereby establish September 5, 1979 the deadline for submission to said Code Reviewing Body of proposed Conflict of Interest Code for the City of Chula Vista. 3. The City Council hereby designates the following fficers, employees, boards and commissions of the City of hula Vista as agencies of the City within the meaning of ection 87300 of the Government Code, which shall adopt and romulgate a Conflict of Interest Code for action by the ode Reviewing Body: City Manager, City Attorney, City Clerk, irector of Finance, Planning Commission, Building Code Board f Appeals and Advisors and the Board of Ethics. The City anager shall act for and on behalf of all departments of the ity. 4. The City Council hereby authorizes and directs .he City Manager, with the advice of the City Attorney and the yid and assistance of the City Clerk, Director of Finance and .he Chairman of the Planning Commission, Building Code Board ~f Appeals and Advisors and the Board of Ethics, to designate :hose employees who should be designated as members of the agency within the meaning of The Act because their positions :ntail the making or participation in the making of decisions Which may foreseeably have a material effect on any financial _nterest, and with the advice and assistance of the City Attorney, ~o draft a Conflict of Interest Code pursuant to the provisions if The Act. -1- 5. The City Council hereby approves the "Rules of rocedure for Approval, Adoption and Promulgation of Conflict f Interest Codes", marked as Exhibit "A", attached hereto and ncorporated herein by reference as if set forth in full, in- luding therein notice to all parties who are to be considered or designation as agency members within, the meaning of The Act s to the date of the public hearing to be held for the con- ideration of such a Conflict of Interest Code. BE IT FURTHER RESOLVED that the City Clerk of the ity of Chula Vista be, and she is hereby authorized and irected to cause such notice of public hearing, attached hereto s Exhibit "B", to be published in the Chula Vista Star News at east ten days prior to the date of said hearing. resented and Approved as to form by ort~e D. Lindberg, City Attorney ADOPTED AND APPROVED by the City Council of the CITY OF ULA VISTA, CALIFORNIA, this '7th day of~~st , 1979, the following vote, to-wit: Councilmen Scott, .Cox, Gillow, McCandliss AYES: Councilmen None BSENT: Councilmen Mayor Hyde Mayor/ of the City of Chula Vista TTEST,. ~~ ~.~,~ Prb Tempore ~F,; City Clerk ,: TATS OF CALIFORNIA) OUNTY OF SAN DIEGO) ss. ITY OF CHULA VISTA) I, , City Clerk of the ity of Chula Vista, California, DO HEREBY CERTIFY that the above is full, true and correct copy of Resolution No. , and that the ame has not been amended or repealed. DATED City Clerk -2- ~~os EXHIBIT'"A"' ' RULES OF PROCEDURE FOR APPROVAL, ADOPTION AND PROMULGATION OF CONFLICT OF INTEREST CODES 1. The City Manager, with the advice of the City Attorney ind the aid and assistance of the City Clerk, Director of Finance ind the Chairman of the Planning Commission, Building Code Board >f Appeals and Advisors and the Board of Ethics, shall designate :hose employees who should be designated as members of the agency within the meaning of The Act because their positions :ntail the making or participation in the making of decisions rhich may foreseeably have a material effect on any financial .nterest, and with the advice and assistance of the City Attorney, lraft a Conflict of Interest Code pursuant to the provisions of 'he Act for the agencies as constituted in Paragraph 2 herein. 2. The City Manager, City Attorney, City Clerk, Director f Finance, Planning Commission, Building Code Board of Appeals nd Advisors and the Board of Ethics shall constitute "agencies" ithin the meaning of Section 87300 of the Government Code for hich a Conflict of Interest Code shall be adopted and promul- ated pursuant to these Rules. The City Attorney, City Clerk, irector of Finance and each Chairman of such board or commission hall be responsible for and approve those portions of the onflict of Interest Code applicable to the members of his gency and the City Manager shall be responsible for and approve he portions of the Conflict of Interest Code applicable to all ther persons who, as employees, are designated as members of he agency. 3. Upon completion, a draft of such Code shall be forwarded o the City Clerk. The City Clerk shall notice the proposed Code or hearing before the City Manager, City Attorney, City Clerk, irector of Finance, Planning Commission, Building Code Board of ppeals and Advisors and the Board of Ethics, hereinafter eferred to "agencies", held in the City Council Chambers at uch time as the Clerk ascertains it is convenient for the par- icipants. The City Clerk shall publish notice of such hearing nce in the Chula Vista Star News at least ten days prior to he hearing. The Clerk shall also mail notice thereof to all ews media covering the City, all employee organizations, all mployees listed in the proposed Code as designated employees, nd to other interested persons at least ten days prior to he hearing. The notice shall be substantially in the form of xhibit "B", attached hereto. 4. All persons wishing to comment on any provision of e proposed Code may submit in writing to the City Manager, on half of the agencies, a concise statement of their objections the proposed Code. 5. On the date and at the time and place designated in he notice, the agencies shall afford the agency or any interested erson or his or her duly authorized representative, or both, he opportunity to present statements, arguments or contentions n writing. Oral testimony shall be encouraged; however, oral tatements may be limited to the discretion of the agencies but ay be supplemented by written statements. The agencies shall onsider all relevant matters presented to them during the ublic hearing or appearing on the record of such hearing prior o approving or revising the proposed Code or returning the pro- osed Code to the agencies for revision. -~05 ~ i i ~ ~ ~ ~ ~ 6. During any hearing held pursuant to these rules of procedure, the agencies shall have authority to continue or postpone such hearing from time to time and at such place as they shall determine. 7. After a full hearing by the agencies they shall: (a) Approve the proposed Code as submitted, (b) Revise the proposed Code and approve it as revised, or (c) Return the proposed Code to the agencies for revision and resubmission. 8. After completion of its own hearing pursuant to Govern- ment Code Section 87311, and its tentative adoption of its Conflict of Interest Code, the agencies shall submit an original and two copies of its proposed Code to the City Council by the established deadline. 9. A proposed Conflict of Interest Code of the agency shall be deemed to be received for purposes of review pursuant to Government Code Section 87303 on the deadline date if sub- mitted to the City Council earlier than the deadline date. 10. The proposed Code shall satisfy the requirements of Government Code Section 87300 et seq. The Code shall be accom- panied by: (a) A declaration of the City Manager, City Attorney, City Clerk, Director of Finance, Planning Commission, Building Code Board of Appeals and Advisors and Board of Ethics declaring that the agencies have satisfied the notice and hearing requirements pre- liminary to the formation of the Code pursuant to Government Code Section 87311. (b) A summary of the hearing held by the agencies with appropriate identification of any areas of contro- versy and their manner of resolution. (c) The original or one copy of all submissions made to the agencies regarding the proposed Code, unless the person making the written submission requests the admission of the submission from the record of the agencies' hearing. (d) The names and addresses of all persons who partici- pated in the public hearing of the agencies on the proposed Code or who requested notice from the agencies of the date for hearing on the adoption of the Code by the City Council. 11. Within ten days of receipt of the proposed Code by the City Council pursuant to Paragraph 9, the City Clerk shall notice the proposed Code for hearing before the City Council to be held no later than the forty-fifth day following receipt of the Code. Notice shall be published and mailed in accordance with the provisions of Paragraph 3. 12. All pE:rsons wishing to comment on any provisions of the proposed Code may submit in writing to the City Council a concise statement of their objections to the proposed Code. f -Z- G 2~_l v 13. On the date and at the time and place designated in is notice, the City Council shall afford any agency or interested erson, or his or her duly authorized representative, or both, he opportunity to present statements, arguments or contentions n writing. Oral testimony shall be encouraged; however, all ral statements may be limited at the discretion of the Mayor r may be supplemented by written statements. The City Council hall consider all relevant matters presented to it during the ablic hearing or appearing on the record of such hearing prior o approving or revising and approving the proposed Code or eturning the proposed Code to the agencies for revisions. 14. During any public hearing held pursuant to these _ules of procedure, the City Council shall have the authority .o continue or postpone such hearing from time to time and at such place as it shall determine. 15. After a full hearing the City Council shall: (a) Approve the proposed Code as submitted and return the Code to the agencies for implementation, or (b) Revise the proposed Code and approve it as revised and return the proposed Code to the Agencies for implementation, or (c) Return the proposed Code to the agencies for revision and resubmission within sixty days. 05 -3- 1 NOTICE OF PUBLIC HEARING ON ADOPTION OF THE CONFLICT OF INTEREST CODE BY THE CITY OF CHULA VISTA t ~ ~ ~ Notice is hereby given that the City Council or the City tanager, City Attorney, City Clerk, Director of Finance, Plan- ting Commission, Building Code Board of Appeals and Advisors, end the Board of Ethics will hold a public hearing on the 22nd day of August , 1979 at 2.pp ~_, in the City :ounci~l Chambers, 276 Fourth Avenue, Chula Vista, California >ursuant to the Political Reform Act of 1974 (Title 9 [commen- :ing with X81000] of the Government Code) to consider the adoption o:f the Conflict of Interest Code for the agencies of :he City of Chula Vista as specifically required by ~~87300 ~t seq. of the Government Code. The proposed Conflict of Interest Code will require certain officers and employees of the :ity of Chula Vista and each member of the Planning Commission, :he Building Code Board of Appeals and Advisors and the Board ~f Ethics to disqualify himself from making or participating in :he making of any decision which will foreseeably have a iaterial or financial effect distinguishable from its affect ~n the public general or financial interest as defined in Govern- ient Code X87103. Under the provisions of the proposed Code, no such employee r member would be prevented, however, from making or partici- ating in the making of any decision to the extent his or her anticipation is legally required for the decision to be made. Section 87111 of the Government Code requires that the eview and preparation of Conflict of Interest Codes by a ocal Government Agency shall be carried out under procedures hich guarantee to the residents of the jurisdiction adequate otice and fair opportunity to present their views. Accordingly, ny interested party may appear on the date and time above and e heard concerning the City of Chula Vista Conflict of Interest ode. A copy of .the proposed Code and or the conduct of the public hearing nspection at the office of the City hula Vista, California. the rules of procedure are available for Clerk, 276 Fourth Avenue, ted: August 8, 1979 Annie M. Fulasz,(CMC, City Cle ity of Chula Vista, California cos