HomeMy WebLinkAboutOrd 1991-2434 ORDINANCE NO. 2434
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION
2.52.040 OF THE CHULA VISTA MUNICIPAL CODE TO CLARIFY THE
STATUS OF LEGAL DEFENSE FUND PAYMENTS
The City Council of the City of Chula Vista does ordain as follows:
SECTION I: That Section 2.52.040 of the Chula Vista Municipal Code is
amended to read:
Sec. 2.52.040 Definitions.
A. "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".
B. "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 the he or she does not intend to be a candidate for the
next election for his or her office.
C. "City Campaign Statement" means the statement which, to the extent
practicable, shall be similar to or consolidated with that required
by State law.
D. "City Elective Office" means the offices held by members of the City
Council and any other separately elected offices of the City.
E. "Contributions" are defined in a manner identical with the definition
found in Government Code Section 82015 and any related provisions in
the California Administrative Code, 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
Ordinance No. 2434
Page 2
prosecutorial action against said Councilperson, and not made or used
for the purpose of aiding in the election of said Councilperson, and
not made within {before or after) lO0 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.
F. "Election Period" means the entire time period between elections for
the City elective office. This would include the time period between
each election for the same elective office, including separately as
applicable, each primary, general, recall or other election for that
office.
G. "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.
H. "Organization" means a proprietorship, labor union, firm,
partnership, joint venture, syndicate, business, trust, company,
corporation, association, or committee, including a political action
committee.
I. "Person" means a natural individual.
J. "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.
K. "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.
L. "Party" means any person who files an application for or is the
subject of, a proceeding involving a license, permit or other
entitlement for use.
M. "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 for use, and who has a financial
interest in the decision as described in Article 1 (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.
Ordinance No. 2434
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SECTION II: 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 No. 2434
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 22rid day of January, 1991, by the following vote:
AYES: Councilmembers: Malcolm, Moore, Nader, Rindone
NOES: Councilmembers: None
ABSENT: Councilmembers: McCandliss
ABSTAIN: Councilmembers: None
Mayor, Pro-Tempore
ATTEST:
B Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Ordinance No. 2434 had its first reading on
January 15, 1991, and its second reading and adoption at a regular meeting of
said City Council held on the 22nd day of January, 1991.
Executed this 22rid day of January, 1991.
Be(;erly A./Authel , City Clerk