HomeMy WebLinkAboutOrd 2016-3395ORDINANCE NO. 3395
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE 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 of interest code contained in Title 2 of the California Code of Regulations.
Section 18730, and any amendments thereto that are 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 are necessary.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I. Chula Vista Municipal Code section 2.02.030(13) is amended to read as
follows:
B. The City Council shall set forth by resolution the officials, designated employees, and
consultants who are required to file statements of economic interests and the disclosure
categories under which each such official, designated employee and consultant shall file. By this
reference; the resolution, and any amendments to it, is incorporated into this conflict of interest
code. The City's disclosure categories are set forth below (please refer to the definitions within
this Chapter and the PRA for capitalized terms in bold type):
Disclosure Cateaoryl : Report all of the following:
a. Investments in, and business positions held with, any Business entity located in, or
doing business within the City's Jurisdiction, or doing business with the City, and
b. Income from any source, regardless of the jurisdiction in which the source resides or
does business.
Disclosure Category 2: Report any Interest in real property for such real property that is
located within the Jurisdiction of the City.
Ordinance 3395
Page No. 2
Disclosure Category 3: Report all of the following:
a. Investments in; and positions held with, any Business entity, that is subject to the
regulatory, permitting, or licensing authority of the City department in which you work
("Departmental Authority"); and
b. Interests in real property if the real property is subject to such Departmental
Authority; and
c. Income from any source which is subject to such Departmental Authority.
Disclosure Category 4: Report all of the following:
a. Investments in, and business positions held with, any Business entity that engages
in land development, construction, or the acquisition or sale of real property, within the
Jurisdiction of the City; and
b. Income from any source that that engages in land development, construction, or the
acquisition or sale of real property, within the Jurisdiction of the City.
Disclosure Category 5: Report all of the following:
a. Income from sources that provide leased facilities, goods, equipment, vehicles,
machinery, or services (including training or consulting services), of the type utilized
by the City ("City Goods and Services"); and
b. Investments in, and business positions held with, any Business entity which
provides such City Goods and Services.
Disclosure Category 6: Report all of the following:
a. Income from any source that provides leased facilities, goods, equipment, vehicles,
machinery, or services (including training or consulting services), of the type utilized
by the City department in which you work ("Departmental Goods and Services"); and
b. Investments in, and business positions held with, any Business entity which
provides such Departmental Goods and Services.
Disclosure Category 7: Report all of the following:
a. Income from any source that is of the type that receives grants or other monies from
or through the City; and
b. Investments in, and business positions held with, any Business entity, including
non-profit organizations, that 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.
Ordinance 3395
Page No. 3
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.
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
Donna R. ODrris, CMC
City Clerk
Approved as to form by
(I len R Googins
ity Attorn�y
Ordinance 3395
Page No. 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of December 2016, by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, McCann, Miesen, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
Donna R. rris, MC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3395 had its first reading at a regular meeting held on the 6th day of December
2016 and its second reading and adoption at a regular meeting of said City Council held on the
13th day of December 2016; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
12 I'��J 2O1C� --
Dated Donna R. Not
o i CMC, ity Clerk