(a) The definitions set forth in this subdivision shall govern the interpretation of this section. (1) âPartyâ 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) âParticipantâ 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 that person 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. A person is not a âparticipantâ under this paragraph if their financial interest in the decision results solely from an increase or decrease in membership dues. (3) âAgencyâ means an agency as defined in Section 82003 except that it does not include the courts or any agency in the judicial branch of government, the Legislature, the Board of Equalization, or constitutional officers. However, this section applies to any person who is a member of an exempted agency but is acting as a voting member of another agency. (4) âOfficerâ means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency, other than a city attorney or county counsel providing legal advice to the agency who does not have the authority to make a final decision in the proceeding. (5) (A) Except as provided in subparagraph (B), âlicense, permit, or other entitlement for useâ 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, and all franchises. (B) âLicense, permit, or other entitlement for useâ does not include any of the following: (i) Competitively bid contracts that are required by law, agency policy, or agency rule to be awarded pursuant to a competitive process. (ii) Labor contracts. (iii) Personal employment contracts. (iv) Contracts valued under fifty thousand dollars ($50,000). (v) Contracts where no party receives financial compensation. (vi) Contracts between two or more agencies. (vii) The periodic review or renewal of development agreements unless there is a material modification or amendment proposed to the agreement. Non-material modifications or amendments may be approved by agency staff. (viii) The periodic review or renewal of competitively bid contracts unless there are material modifications or amendments proposed to the agreement that are valued at more than 10 percent of the value of the contract or fifty thousand dollars ($50,000), whichever is less. Non-material modifications or amendments may be approved by agency staff. (ix) Modification of or amendments to contracts that are exempt under this subparagraph, other than competitively bid contracts. (6) âContributionâ includes contributions to candidates and committees in federal, state, or local elections. (7) âPendingâ in a proceeding involving a license, permit, or other entitlement for use means either of the following: (A) For an officer, when either of the following occurs: (i) An item involving the license, permit, or other entitlement for use is placed on the agenda for discussion or decision at a public meeting of the body of which the officer is a member. (ii) The officer knows a proceeding involving a license, permit, or other entitlement for use is within the jurisdiction of the officerâs agency for its decision or other action, and it is reasonably foreseeable that the decision will come before the officer in the officerâs decisionmaking capacity. (B) For a party or partyâs agent, or a participant or participantâs agent, when an
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