HomeMy WebLinkAboutOrd 1998-2769ORDINANCE N0.2769
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTION 2.52.040 OF THE CHULA VISTA MUNICIPAL CODE
TO MODIFY THE DEFINITION OF "CONTRIBUTIONS" TO ALLOW
FOR COLLECTION OF ADDITIONAL FUNDS TO RETIRE A DEBT
INCURRED IN A DECLARATORY RELIEF ACTION OR ANY
ACTION TO ENFORCE PERCEIVED RIGHTS UNDER THE
ELECTIONS CODE OR THE MUNICIPAL CODE.
The City Council of the City of Chula Vista does ordain as follows:
SECTION h That Section 2.52.040 of the Chula Vista Municipal Code is amended to
read as follows:
Sec. 2.52.040 Definitions.
"Agent.' For purposes of this section, a person is the "agent" of the party to,
or a participant in, a proceeding involving a license, permit or other entitlement
for use only if he or she represents that person in connection with the
proceeding involving the license, permit or other entitlement for use. If an
individual acting as an agent is also acting as an employee or member of a law,
architectural, engineering or consulting firm, or a similar entity or corporation,
both the entity or corporation and the individual are "agents".
"Candidate" means a candidate for any city elective office, the candidate's
campaign committee, committee(s) controlled by the candidate, agents of the
candidate, and any person acting at the behest of a candidate. An incumbent
shall be presumed to be a candidate unless he or she files a written statement
with the city clerk stating that he or she does not intend to be a candidate for
the next election for his or her office.
"City Campaign Statement" means the statement which, to the extent
practicable, shall be similar to or consolidated with that required by state law.
"City Elective Office" means the offices held by members of the city council
and any other separately elected offices of the city.
"Contributions" are defined in a manner identical with the definition found in
Government Code section 82015 and any related provisions in the California
Code of Regulations, except that, notwithstanding anything contained herein
to the contrary, a payment by a third party to, or for the benefit of, a
councilperson made and used for the express purpose of offsetting costs
already incurred by that councilperson in the defense of a criminal or
administrative prosecutorial action against said councilperson, or for the
purpose of offsetting costs already incurred by Councilperson in a declaratory
relief action or in enforcement of any perceived rights under the Elections Code
or Municipal Code during the period of the campaign,:and not made or used for
the purpose of aiding in the election of said councilperson, and not made within
(before or after) 100 days of an election in which the councilperson is
competing for a seat or office, shall not be deemed to be a contribution for the
purposes of this chapter.
Ordinance 2769
Page 2
"Intermediary" means a person who delivers to a candidate or committee a
contribution from another person unless such contribution is from the person's
employer, immediate family or an association to which the person belongs. No
person who is the treasurer of the committee to which the contribution is made
or is the candidate who controls the committee to which the contribution is
made shall be an intermediary for such contribution.
Ge
"Organization" means a proprietorship, labor union, firm, partnership, joint
venture, syndicate, business, trust, company, corporation, association, or
committee, including a political action committee.
H. "Person" means a natural individual.
"Political Purpose" means an action by a candidate for the purpose of
influencing, or attempting to influence, either directly or indirectly, the actions
of the voters for or against the election of that candidate or any other candidate
for the same city elective office.
"State Campaign Statement" means an itemized report which is prepared on a
form prescribed by the Fair Political Practices Commission and which provides
the information required by Chapter 4 of Title 9 of the Government Code.
"Party" means any person, who files an application for or is the subject or, a
proceeding involving a license, permit or other entitlement for use.
"Participant" means any person who is not a party, but who actively supports
or opposes a particular decision in a proceeding involving a license, permit, or
other entitlement of ruse, and who has a financial interest in the decision as
described in Article I (Commencing with Section 87100) of Chapter 7. A
person actively supports or opposes a particular decision in a proceeding if he
or she lobbies in person, the officers or employees of the city, testifies in
person before the city, or otherwise acts to influence officers of the city.
"Regulated Independent Expenditure Committee" means an independent
expenditure committee as defined in Government Code Sections 82013 and
82031 which supports or opposes in whole or in part a candidate for city
elective office if contributions are made to said committee with the intent that
they, or a comparable amount of funds otherwise owned by, or under the
control of, the committee be used to support or oppose a particular candidate
for a city elective office.
SECTION Ih This ordinance shall take effect and be in full force on the thirtieth day
from and after its adoption.
Presented and Approved as to form by
Ordinance 2769
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 9th day of February, 1999, by the following vote:
AYES: Councilmembers: Moot, Padilia, and Horton
NAYS: Councilmembers: Salas
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: Davis
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 2769 had its first reading at a regular meeting held on the 26th day of January,
1999 and its second reading and adoption at a regular meeting of said City Council held on
the 9th day of February, 1999.
Executed this 9th day of February, 1999.
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Susan Bigelow, City Clerk