HomeMy WebLinkAboutOrd 2024-3580ORDINANCE NO. 3580
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE CHAPTER 2.02
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 Cit y 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 Chapter 2.02 is amended to read as follows:
[Sections 2.02.010 and 2.02.020 remain unchanged]
2.02.025 Definitions.
A. Political Reform Act–Defined Terms.
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 are 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 phrases used
in this chapter, as though set forth in full, unless the context clearly indicates a contrary
intention.
The following words and phrases are defined in the PRA. For ease of reference, summaries 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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“Business Entity” means any organization or enterprise operated for profit, including, but not
limited to, a proprietorship, partnership, firm, business trust, joint venture, syndicate,
corporation, or association (see California Government Code Section 82005).
“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 regular
course of business to members of the public without regard 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 18730.1).
“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 years 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”).
“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”).
“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 years in the City
(see California Government Code Section 82034).
“Jurisdiction” means the City of Chula Vista and any other geographical area in which the City
has jurisdiction. Real property is “within the Jurisdiction” of the City if it is within, or not more
than two miles outside the boundaries 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”).
B. City-Defined Terms.
“City,” as used in this Chapter, means the City of Chula Vista for officials, designated
employees, and consultants of the City of Chula Vista; and means the Chula Vista Bayfront
for officials, designated employees, and consultants of the Chula Vista Bayfront Facilities
Financing Authority.
“City Goods and Services” means leased facilities, goods, equipment, vehicles, machinery, or
services (including training or consulting services) of the type used by the City.
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“Departmental Authority” means the regulatory, permitting, or licensing authority of the City
department in which you work, the Board, Commission, or Committee on which you serve, or
both.
“Departmental Goods and Services” means leased facilities, goods, equipment, vehicles,
machinery, or services (including training or consulting services) of the type used by the City
department in which you work, the City department associated with the Board, Commission,
or Committee on which you serve, or both.
2.02.030 Conflict of interest code of the City 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 by 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, are 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 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):
1. Disclosure Category 1. 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.
2. Disclosure Category 2. Report any Interest in Real Property for such real property
located within the Jurisdiction of the City.
3. Disclosure Category 3. Report all of the following:
a. Investments in, and positions held with, any Business Entity, that is subject to
Departmental Authority; and
b. Interests in Real Property if the real property is subject to Departmental
Authority; and
c. Income from any source which is subject to Departmental Authority.
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4. 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 engages in land development, construction, or the
acquisition or sale of real property, within the Jurisdiction of the City.
5. Disclosure Category 5. Report all of the following:
a. Income from any source that provides City Goods and Services; and
b. Investments in, and business positions held with, any Business Entity which
provides City Goods and Services.
6. Disclosure Category 6. Report all of the following:
a. Income from any source that provides Departmental Goods and Services; and
b. Investments in, and business positions held with, any Business Entity which
provides Departmental Goods and Services.
7. 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
nonprofit organizations, that is of the type that receives grants or other monies from
or through the City.
2.02.040 Exception for solely advisory boards and commissions.
A. The City Council finds that certain of the City’s boards and commissions are solely
advisory within the meaning of Government Code Section 87100, and are, therefore, not
required by law to be governed under the City’s conflict of interest code.
B. For those boards and commissions not required by law to be governed under the City’s
conflict of interest code, the City Council declares that people serving as volunteers on
those boards and commissions shall not be required to complete and submit statements of
economic interests and shall not be required to disqualify themselves from deliberations or
decision making for economic reasons.
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.
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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.
[SIGNATURES ON THE FOLLOWING PAGE]
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Presented by Approved as to form by
Kerry K. Bigelow, MMC Marco A. Verdugo
City Clerk City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 8th day of October 2024, by the following vote:
AYES: Councilmembers: Chavez, Gonzalez, Morineau, Preciado, and McCann
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
John McCann, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do h ereby certify that the foregoing
Ordinance No. 3580 had its first reading at a regular meeting held on the 1st day of October 2024,
and its second reading and adoption at a regular meeting of said City Council held on the 8th day
of October 2024 and was duly published in summary form in accordance with the requirements of
state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
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10/25/2024