A. Definitions. The definitions set forth in this subdivision shall govern the interpretation of this Section 2.55.010:
(1) "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.
(2) "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 of Title 9 of the Government Code. 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 agency, testifies in person before the agency, or otherwise acts to influence officers of the agency.
(3) "Elected Official" means any elected official of the City including the Mayor and all City Council Members.
(4) "License, permit, contract, or other entitlement for use" means all business, professional, trade and land use licenses and permits and all other entitlements for use, including all entitlements for land use, all contracts (other than competitively bid, labor, or personal employment contracts), and all franchises.
(5) "Contribution" includes contributions to candidates and committees in federal, state, or local elections.
B. Prohibition on Soliciting and Accepting Certain Contributions. No Elected Official shall accept, solicit, or direct a contribution of more than two hundred and fifty dollars ($250.00) from any party, or his or her agent, or from any participant, or his or her agent, while a proceeding involving a license, permit, contract, or other entitlement for use is pending before the City and for three (3) months following the date a final decision is rendered in the proceeding if the Elected Official knows or has reason to know that the participant has a financial interest, as that term is used in Article 1 (commencing with Section 87100) of Chapter 7 of Title 9 of the Government Code. This prohibition shall apply regardless of whether the Elected Official accepts, solicits, or directs the contribution for himself or herself, or on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee.
C. Elected Official Disclosure Requirements. Prior to rendering any decision in a proceeding involving a license, permit, contract, or other entitlement for use pending before the City, each Elected Official who received a contribution since their last California Fair Political Practices Commission ("FPPC") Form 460 Filing (Recipient Committee Campaign Statement) in an amount of more than two hundred and fifty dollars ($250.00) from a party or from any participant shall disclose that fact on the record of the proceeding.
D. Application to Candidates. Contributions made to candidates for elective office shall subject the candidate to the disclosure provision of subdivision C should the candidate be subsequently elected. Candidates who have become the Council Member-Elect or Mayor-Elect, but who have not yet been sworn in, shall be subject to the prohibition of subdivision B.
E. Applicant Restrictions. A party to a proceeding before the City involving a license, permit, contract, or other entitlement for use shall disclose on the record of the proceeding any contribution in an amount of more than two hundred and fifty dollars ($250.00) made since their last FPPC Form 460 Filing (Recipient Committee Campaign Statement) by the party, or his or her agent, to any Elected Official. No party, or his or her agent, to a proceeding involving a license, permit, or other entitlement for use pending before the City and no participant, or his or her agent, in the proceeding shall make a contribution of more than two hundred and fifty dollars ($250.00) to any Elected Official during the proceeding and for three (3) months following the date a final decision is rendered by the City in the proceeding. When a closed corporation is a party to, or a participant in, a proceeding involving a license, permit, or other entitlement for use pending before the City, the majority shareholder is subject to the disclosure and prohibition requirements herein.
(Ord. MC-1558, 6-02-21)