The following words or phrases as used in this chapter shall have the following meanings. Except as herein provided, the definitions set forth in the Political Reform Act of 1974 (Government Code §§ 81001 et seq.) shall govern the interpretation of this act.
(A) As used in this chapter, PERSON shall carry the same meaning as Government Code § 82047. Government Code § 82047 defines “person” as “an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, and any other organization or group of persons acting in concert.”
CANDIDATE or OFFICE HOLDER. Anyone who is qualified to be listed on a ballot or is listed on a ballot or is qualified to have write-in votes cast on their behalf counted by elections officials for nomination or election to any elective office in the City of Baldwin Park, including anyone who receives a contribution, makes an expenditure, or gives their consent for another person to receive a contribution or make an expenditure, to bring about the person’s nomination or election to an elective office in the City of Baldwin Park. CANDIDATE does not include any person seeking nomination or election for elective office outside of the offices of the City of Baldwin Park listed in this section.
COMMITTEE. Any person or combination of persons formed for the purpose of promoting or opposing the election or reelection of a person to city elected office who directly or indirectly, (i) receives contributions, or (ii) makes independent expenditures or (iii) makes contributions at the behest of any city candidate within the meaning of California Government Code § 82013. A campaign committee includes any "Controlled Committee" within the meaning of California Government Code § 82016, any "General Purpose Committee" within the meaning of California Government Code § 82027.5, any "Primarily Formed Committee" within the meaning of California Government Code § 82047.5, any "Sponsored Committee" within the meaning of California Government Code § 82048.7, or political action committee.
CONTRACT. A covenant or agreement, a promise or set of promises, for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty. This definition does not include any “Contract” that does not go before the City Council and is not approved by the City Council.
CONTRACTOR. Any person or entity that has an existing contract, agreement, or other arrangement to provide the city with goods, services, or other items, or who has an interest in or expectation of obtaining such a contractual arrangement in the future. The term shall include any agent or representative of the contractor and where the contractor is a business entity shall include all owners, shareholders, principals, partners, members, officers, directors, and managers.
CONTRIBUTION or CONTRIBUTE. A payment, gifts as defined by the Political Reform Act, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment, for any elective office in the City of Baldwin Park, except to the extent that full and adequate consideration is received or if it is clear from the surrounding circumstances that the payment is not made for political purposes. CONTRIBUTION shall include the transfer of anything of value by a committee from another committee, unless full and adequate consideration is received. Notwithstanding anything in this chapter, a candidate may transfer up to $5,000 of post-election funds to their new campaign for elective office, or new campaign for the same elective office, if applicable.
DEVELOPER. Any person or entity who is currently seeking, or who has an interest in or expectation of seeking from the city a specific plan, zone change, development agreement, density bonus, subdivision tract map, conditional use permit, or an industrial or commercial use having a building area of 20,000 square feet or more. The term shall include any agent or representative of the developer and where the developer is a business entity shall include all owners, shareholders, principals, partners, members, officers, directors, and managers.
ELECTION. Any election for a City Councilmember for Baldwin Park, any election for Mayor of the City of Baldwin Park, and election for City Clerk of the City of Baldwin Park, and any election for Treasurer of the City of Baldwin Park, including a recall election for any of the above in the City of Baldwin Park. This definition does not include Water Board elections, School Board elections or any other elections not expressly stated herein.
INDEPENDENT EXPENDITURE. Shall have the same meaning as set forth under California Government Code § 82031.
POLITICAL ACTION COMMITTEE. Refers to any committee or organization as defined in California Government Code § 82048.7 or § 84222.
PROJECT. Any activity for which a permit from the city is required, including but not limited to, construction, deconstruction, demolition, conversion, and renovation. This definition shall not include permits pulled by the homeowner of a single family home related to home improvement and home repairs. This definition shall also not include “Exempt Projects” as set forth in § 53.14(B) of the Baldwin Park Municipal Code.
VENDOR. Any person or entity that has an existing contract, agreement, or other arrangement to provide the city with goods, services, or other items, or who has an interest in or expectation of obtaining such a contractual arrangement in the future. The term shall include any agent or representative of the vendor and where the vendor is a business entity shall include all owners, shareholders, principals, partners, members, officers, directors, and managers.
(B) The purpose of this chapter is to encourage broader participation in the political process and to avoid corruption, or the appearance of corruption, in decision making and to protect the integrity of the City of Baldwin Park’s procurement and contract processes, by placing limits on the amount that any person may contribute or otherwise cause to be available to candidates for the office of Mayor, City Council, City Clerk, and Treasurer.
(Ord. 1468, passed 3-2-22)