HomeMy WebLinkAbout2013/03/19 Item 07ORDINANCE No. COND. READING AND ADOPTION
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ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE CHAPTER 2.02 TO ADD
SECTION 2.02.25 AND AMEND SECTION 2.02.030
RELATING TO THE CONFLICT OF INTEREST CODE OF
THE CITY OF CHULA VISTA
WHEREAS, the Political Reform Act (California Government Code sections 87100
through 91014}, requires certain officials and candidates to file Statements of Economic Interests
(Form 700) and requires local government agencies to adopt and promulgate conflict of interest
codes: and
WHEREAS, the City Council adopted Ordinance No. 2807, adopting by reference the
standardized conflict o€ interest code contained in Title 2 of the California Code of Regulations,
Section 18730, and any amendments thereto that aze adopted by the Fair Political Practices
Commission; and
WHEREAS, the Political Reform Act requires every local agency to periodically review
its Conflict of Interest Code to determine if amendments are necessary; and
WHEREAS, the City Attorney and the City Clerk have reviewed the City's Conflict of
Interest Code (Chula Vista Municipal Code chapter 2.02) and determined that amendments to the
Code aze necessazy.
NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I.
Chula Vista Municipal Code Chapter 2.02 is hereby amended to add section 2.02.025 and
amend section 2.02.030 to read as follows:
2.02.02 Definitions
Words and phrases used in this chapter are in the language of the Political Reform Act
(California Government Code Title 9, sections 81000 through 91014) (the "PRA"). Whenever
any words or phrases used in this chapter aze defined in the PRA, the definitions of the PRA, as
may be amended from time to time, shall apply to those words and phrases. Such definitions are
incorporated in this chapter by this reference and shall apply to the words and pltrases used in
this chapter, as though set forth in full, unless the context cleazly indicates a contrazy intention.
The following words and phrases are defined in the PRA. For ease of reference,
summazies of the PRA definitions, and references to the specific code sections containing the full
definitions, are provided below. However, the following definitions and summaries are intended
for reference purposes only, and do not replace the definitions contained in the PRA, which shall
be controlling in interpreting this chapter.
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A. "Business Entity" means any organization or enterprise operated for profit,
including, but not limited to a proprietorship, partnership, fain, business trust, joint venture,
syndicate, corporation, or association (see, California Government Code section 82005).
B. "Gift" means any payment that confers a personal benefit on the recipient,
including a rebate or discount in the price of anything of value unless the rebate or discount is
made in the regulaz course of business to members of the public without regazd to official status.
Gifts from a source outside the City's jurisdiction are not required to be reported if the purpose
of disclosure of the source of the gift does not have some connection with or bearing upon the
functions or duties of the position for which the reporting is required (see, California
Government Code section 82028 for a full definition of "Gift;" see also, Fair Political Practices
Commission regulation ] 8730.1).
C. "Income" includes gifts, loans and travel payments; other than gifts, it does not
include income from any source outside the jurisdiction of the City and not doing business
within the jurisdiction,. not planning to do business within the jurisdiction; or not having done
business within the jurisdiction during the two yeazs prior to the time the statement of economic
interests is required to be filed (see, California Government Code section 82030 for a complete
definition of "Income").
D. "Interest in Real Property" includes any leasehold, beneficial or ownership
interest or an option to acquire such an interest in real property located in the jurisdiction, owned
directly, indirectly or beneficially by the filer, or his or her immediate family if the fair market
value of the interest is $2,000 or more (see, California Government Code section 82033 for a full
definition of"Interest in Real Property").
E. "Investment" is limited to interests in businesses entities that have property in the
City, do business in, plan to do business in, or have done business within the last two yeazs, in
the City (see, California Government Code section 82034).
F. "Jurisdiction" -Real property is "within the Jurisdiction" of the City if it is
within, or not more than two miles outside the boundazies of, the City, or within two miles of any
Land owned or used by the City (see, California Government Code section 82035 for a complete
definition of "Jurisdiction").
2.02.030. Conflict of interest code of the Ciry of Chula Vista.
A. The PRA requires local government agencies to adopt and promulgate conflict of
interest codes. The Fair Political Practices Commission has adopted a regulation, Title 2 of the
California Code of Regulations, Section 18730, which contains the terms of a standard model
conflict of interest code, which may be incorporated reference, and which may be amended by
the Fair Political Practices Commission to conform to amendments in the Political Reform Act
after public notice and hearings. Accordingly, the terms of Title 2 of the California Code of
Regulations, Section 18730, and any amendments to it, except Section 9.5, duly adopted by the
Fair Political Practices Commission, aze hereby incorporated by this reference and constitute the
conflict of interest code of the City of Chula Vista.
B. The City Council shall set forth by resolution the officials, designated employees,
and consultants who aze required to file statements of economic interests and the disclosure
categories under which each such official, designated employee and consultant shall file. By this
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reference, the reso]ution, and any amendments to it, is incorporated into this Conflict of Interest
code. The City's disclosure categories aze set forth below:
1. All investments; all positions in business entities located or doing business within the
City's jurisdiction, or doing business with the City; and all sources of income (including
gifts, loans, and travel payments).
2. All interests in real property within the jurisdiction of the City;
All investments, positions in business entities, interests in real property, and income
(including gifts, loans, and travel payments) from sources that aze subject to the
regulatory, pemutting or licensing authority of the designated employee's department;
4. All investments and positions in business entities, and all income (including gifts, loans,
and travel payments) from sources, that engage in land development, construction or the
acquisition or sale of real property within the jurisdiction of the City;
5. All investments and positions in business entities and income (including gifts, loans and
travel payments) from sources that provide leased facilities, goods, equipment, vehicles,
machinery or services, including training or consulting services, of the type utilized by
the City;
6. All investments and positions in business entities and income (including gifts, loans and
travel payments) from sources that provide leased facilities, goods, equipment, vehicles,
machinery or services, including training or consulting services, of the type utilized by
the designated employee's department;
All investments, positions in business entities, Income (including gifts, loans and travel
payments), and income from non-profit organizations, if the source is of the type that
receives grants or other monies from or through the City.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
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Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented By: Approved as to fo
`_ /;~
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Donna R. Norris /`~ : e ~ s
City Clerk -{~G C' Attorney
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