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Home My WebLink AboutOrd 1974-1527 , ORDINANCE NO. 1527 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 1 OF THE CHULA VISTA CITY CODE BY ADDING THERETO A NEW ARTICLE 4 , SECTIONS 1 . 401 THROUGH 1".412 , RELATING TO� GUIDELINES FOR THE IbiPLEMENTATION OF THE GOVERNMENTAL CONFLICT OF INTERESTS ACT WHEREAS, the Legislature of the State of California has adopted the Governr,tental Conflicts of Interest Act. (Division 4 .5 , Title' 1 , California Government Code added. by Chapter 1166 of the 1973 Statutes) ; and,' i^lIIEREAS, said. Act provides that public agencies may adopt guidelines:for its officials in their determination whether they have an econbmic interest or interests which are in substantial conflict with the proper exercise of their official duties and powers; and WHEREAS, the City Council of the City of Chula Vista desires to adopt guidelines to assist its officials in such determination. NOW, THEREFORE, THE CITY_ COUNCIL OF THE CITY OF CHULA VISTA DOES_ ORDAIN AS FOLLOL9S": SECTION I : That Chapter 1 of the Chula Vista City Code be, and the same is hereby amended by adding thereto a new Article 4 , Sections 1.401 through 1 . 412 , . to read as follows : ARTICLE 4 . GOVERNMENTAL CONF.LICT. OF INTERESTS ' ACT GUIDELINES ' ' Sec. 1. 401. Purpose and Intent. Pursuant to Section 3626 of the Government Code, the City Council of the City of. Chula Vista adopts the following guidelines for its public officials in their determination of whether they have an economic interest or interests which are in sub- stantial conflict with their official duties and powers under Section 3625 (a) and in determining whether they have an economic interest in matters for purposes of Section 3625 (b) . Nothing contained herein is intended to modify or abridge the pro- visions of the Governmental ConPlict of Interests Act, Sections 1090 through 1097 or any other pro- visions of law pertaining to conflict of interests. This Article shall be interpreted in a manner consistent therewith. Nothing contained herein shall be deemed adopted pursuant to or in imple- mentation of Section 3603 or Section 3704 . All numerical section references cited in the body of this Article are' to the Government Code unless otherwise specified. -1- Sec. 1..402 . Designation of Officials. The "public officials" , "officials" , and "elective ' and appointive officers" subject to the provisions of Section 3625 are: 1. Mayor 2 . Councilmembers 3 . Board of Appeals 4 . Civil Service Comnission 5 . Board of Ethics 6 . Environnental Control Conmission 7 . f?unan Relations Co*.amission 8 . Library Board 9 . Parking Place Commission 10 . Parks and Recreation Commission 11. Safety Cor.u�ission 12 . Planr.ing Comraission 13 . City Manager 14 . City Attorney ; 15. City Clerk 16 . Director of Finance 17 . Chief of Police 18 . Fire Chief 19 . Director of Building and Housing 20 . Director of Public P7orks 21. Director of Par;:s and Recreation 22 . Director of Planning 23. Assistant to the City hianager 24 . Assistant Director of Planning 25 . Environriental Reviec� Coordinator Sec. 1. 403 . Deputies. A deputy or assistant of any of the officers designated in Sec. 1 . 402 who is eripoi•�ered to act in the place of the officer shall be subject to the provis?ons of Section 3625 . Sec. 1. 404 . Substantial Conflict. � An economic interest in substantial conflict with the prooer exercise of an official ' s duties caithin the mean- ing of Section 3625 (a) shall not. be deemed to exist unless the ofiicial v�ould be required to disqualify hir��self under Section 3625 (b) on a continuous and regular basis fron activities and actions which constitute a najor and signi- : ficant portion of .his official duties and thereby irtpair his ability to function effectively and fulfill the duties o£ the ofiice. Sec. 1. 405. Material Economic Effect. An action or decision sha11 not be deemed to have a material effect on an economic interest unless the official has reason to believe that, by reason of the action or decision, an investment, or interest in real property, nay increase or decrease in value , other than negligibly, or a business entity frorlcahich the ofiicial derives income or in which he holds a position of employment or manage- ment will gain or lose monetarily, other than negligibly. An increase or decrease of less than one percent of the vzlue of an investment interest in real propert}�, or business entity, shall be deemed negligible. -Z- � . , Sec . 1 . 406. Ministerial and Clerical Duties. Section 3625 (b) shall apply only to actions which involve discretion or judgment. It does not apply to actions which are solely ministerial or clerical. Sec. 1. 407 . Participation. A. The terms "participate" , and "attempt to influence" as used in Section' 3625 (b) shall be deemed to include the following: " 1 . Participation in debate or deliberations or voting. 2 . Preparation of oral or written reports. 3 . Rendition o£ oral or written advice. 4 . Testimony before a public agency as a part of official duties. - 5. Discussions with any official who must decide the matter. ' 6. Submission of letters or other documents to any official who must decide the matter. 7 . Issuance or denial of official approvals. B. An official directly involved in a matter, whether as a party, an applicant or otherwise, may, in his private capacity, provide whatever information is necessary and perform any other steps which are required of other citizens in the same situation, individually or by a representative. He or his representative may not, hocaever, discuss the matter privately with officials who must decide the matter. Sec. 1. 408 . Necessity. A. An o£ficial shall not be subject to Section 3625 (b) with respect to any matter which cannot be legally acted upon or- decided without his participation. B. Section 3625 (d) shall apply where: 1 . A statutory quorum. or a simple majority cannot be achieved by continuance for a reasonable time or cvithin legally mandated time limits; or 2 . More than a simple majority vote is required to take a proposed action and the number of officials entitled to vote is less than the number of votes required for the action to be taken; or 3 . The official is , by law, the sole officer who can per£orm the action. or make the decision. C. In cases where Subsections B. 1. or B. 2 , of this Section apply, all otherwise disqualified officials shall be entitled to participate'. D. In all cases involving exceptions hereunder, the official shall comply with Section 3625 (d) . Sec. 1 . 409 . Disqualification. An o£ficial who refrains from acting in accordance with Section. 3625 (b) need not declare the 'nature of the interest which disqualifies him. ' n I . . . . . . . Sec. 1. 410 , Interpretation. An official .who is unsure of the application or nature of the prohibitions contained in Section 3625 may secure a written opinion from the City Attorney. When said opinion is complied with in the good faith belief that it is consistent with the provisions of the Governmental Conflict of "Interests Act and these guidelines , he shall thereafter be entitled to rely on said opinion in dis- charging his off3cial duties and shall be exempt from the civil penalties of Section 3751 and the sanctions of Section 3753. - Sec. 1. 411. Limitations on. Actions . A. No action shall be brought pursuant to Section 3751 of the Government Code to restrain 'the execution of or to set aside as void any decision, contract, order, permit, ordinance , resolution or other official action unless the complaint or petition has been fi�led and served on the City Clerk within thirty (30) days following the decision, contract, order, permit, ordinance, resolution or other official action. B. . No action shall be brought pursuant to Section 3751 of the Government Code to �enjoin an official �from violating or to compel an official to comply with the provisions of the Governmental Conflict of Interests Act or of this Article unless the complaint or petition has been filed and served within 180 days after the alleged violation of Section 3625 has occurred. ' Sec. 1 . 412. Severability. If any section, subsection, sentence , clause or phrase of this Article is for any reason held by a court of competent jurisdiction to be invalid, such decision_ shall not affect the validity -of the remaining portions of this Article. The City Council hereby declares that it would have passed this Article and each section, subsection, sentence, clause and phrase thereof , irrespective of the fact that any one or more_ section, subsection, sentence, clause or phrase be declared invalid. " SECTION II : This ordinance shall �take effect and be in full force on the thirty-first day from and. after its adoption. Presented and approved by /��.�'��✓L . George D Lindberg, City Attor -4- N I ADOPTED Fu`ID APPROVED B`.! TH£ CITY COI:NCIL OF TI?E CITY OF CHULA VISTA, CALII'ORi1IA, this z6th day of February 1974 , by the following vote , te cait: I AYES : Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl NAYES : Councilmen Vane ABSENT : Councilmer. None ABSTAIN: CounciZmen None � ��"'�'„"v�/�'•��/'��n.tC��7yv�2� -• Mayor of ihe City of Chula Vista ----�.—� - ATTEST C r � � � Deputy City Cl.�r STATE OF CALIOFRNIA ) COUNTY OF SAN DIEGO ) Ss. � CITY OF CHULA VISTA ) , I, PAMELA A . HANNA, Deputy City Clerk of the City of Chula Vista, DO HERcBY CERTIFY that the above and foreooin,q is a full, true, and correct copy of and that. the same has .not been amended or repealed. DATED: � Deputy City Clerk (SEAL1 Sy1 �