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1990/12/11 City Council MinutesRohnert Park City Council Minutes December 11, 1990 The Council of the City of Rohnert Park met this date in regular session commencing at 7:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Eck presiding. Call to Order Mayor Eck called the regular session to order at approximately 7:32 p.m. Mayor Eck pointed out that a TV camera is present, that the meeting tonight is being televised without the prior knowledge of the City Council, and that it is being done by request of an anonymous party. Mayor Eck led the pledge of allegiance. Mayor Eck advised that a closed session commenced this evening at 7:00 p.m. to discuss litigation matters, personnel matters, and real estate negotiations. Roll Call Present: (4) Councilmembers Hopkins, Reilly, Spiro and Eck Absent: (1) Councilman Hollingsworth (Mayor Eck explained that Councilman Hollingsworth was out of town on business.) Staff present for all or part of the meeting: Acting City Manager Netter, City Attorney Flitner, Assistant to the City Manager Leivo, City Engineer Brust, Finance Director Harrow, and Recreation Director Pekkain. Approval of Minutes Acting City Manager advised that the November 30th minutes listed on tonight's agenda will have to be deferred until the next regular meeting. Upon motion of Councilman Hopkins, seconded by Councilmember Spiro, the minutes of November 27, 1990 and December 4, 1990 were unanimously approved. Approval of Bills Upon motion of Councilman Reilly, seconded by Councilman Hopkins, and unanimously approved, the bills presented per the attached list in the amount of $1,204,710.60 were approved. CDA bills presented per the attached list in the amount of $278,869.40 were approved. Non - agendaed items Mayor Eck inquired if anyone had any non - agendaed items to add to the agenda. Acting City Manager Netter stated 1 Rohnert park City Council - December 11, 1990 he has two items to add. Mayor Eck stated he has one item to add. Unscheduled Public Mayor Eck stated that in compliance with State law (The Appearances Brown Act) anyone in the audience who wished to make a comment may do so at this time. Millie Hamill /Santa Millie Hamill, 64 Circulo Ylapa, a former Cultural Arts Claus Commissioner, was recognized and stated she had a very important visitor from the North Pole to introduce at this time. Santa Claus appeared. Santa Claus approached the City Council, offered holiday greetings, and handed out candy cane treats to the City Council and staff. Santa also commented on how beautiful the city looks with the holiday decorations. Mayor Eck thanked Santa Claus for taking time out of his busy schedule to be here tonight and also for making so many appearances throughout the city this holiday season. Jim Clark Jim Clark, 80 Walnut Circle, spoke from the audience stating that he resents the anonymity of tonight's televised meeting and wanted to know who is behind it. C O N S E N T C A L E N D A R Mayor Eck stated that the items on the consent calendar are explained in the Council Meeting Memo and queried if anyone had any questions regarding same. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolution No. 90 -278 A RESOLUTION OF APPRECIATION TO CHARLES D. COCHRAN Resolution No. 90 -279 RESOLUTION CALLING FOR SEALED PROPOSALS, COMMERCE BOULEVARD BIKE BATH, PROJECT NO. 1988 -17 Resolution No. 90 -280 A RESOLUTION OF AWARD OF CONTRACT, AQUEDUCT PIPELINE, HINEBAUGH CREEK, PROJECT NO. 1989 -21 Resolution No. 90 -281 A RESOLUTION ACCEPTING COMPLETION AND DIRECTING CITY ENGINEER TO FILE NOTICE OF COMPLETION, SENIOR CITIZENS CENTER, PROJECT NO. 1988 -23 Resolution No. 90 -282 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ACCEPTING GRANT OF EASEMENT FROM ROUSE & ASSOCIATES (for sewer and storm drain easements, north side of Hinebaugh Creek, west side of State Farm Drive) 2 Rohnert Park City Council - December 11, 1990 Resolution No. 90 -283 A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK ACCEPTING GRANT DEED FROM ROUSE & ASSOCIATES, STATE FARM ROAD LIMITED PARTNERSHIP, (for bicycle path on north bank of Hinebaugh Creek, west of State Farm Drive) Resolution No. 90 -284 A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING QUIT CLAIM DEED TO ROUSE & ASSOCIATES, STATE FARM ROAD LIMITED PARTNERSHIP (to correct previously granted easements) Resolution No. 90 -285 A RESOLUTION OF THE CITY OF ROHNERT PARK AMENDING BAIL SCHEDULE Resolution No. 90 -286 A RESOLUTION RATIFYING THE PURCHASE OF A VEHICLE FOR THE INCOMING CITY MANAGER Resolution No. 90 -287 A RESOLUTION APPROVING A JOINT POWERS AGREEMENT AMONG THE COUNTY OF SONOMA AND THE EIGHT (8) INCORPORATED CITIES FOR THE PURPOSE OF HIRING A CONSULTANT TO PROVIDE SERVICES FOR THE AB 939 PROCESS Approval of Parcel Map No. 131, a 2.73 acre subdivision at corner of State Farm Drive and Professional Center Way. Upon motion of Councilman Hopkins, seconded by Councilmember Spiro, and unanimously approved, the consent calendar as outlined on the meeting's agenda was approved. Scheduled Public Mayor Eck introduced newly elected Senator Mike Appearances Thompson. Senator Thompson thanked the City Council for inviting him tonight and said that he looks forward to a progressive, productive, and enjoyable working relationship with the City Council and the City of Rohnert Park. Senator Thompson advised that he had met with some of the city department heads and staff earlier today. He then introduced his aide and field representative, Cheryl Deim. The City Council thanked Senator Thompson for taking time out of his busy schedule to be here tonight. Ann Woodhead, SSU Ann Woodhead, representative of Sonoma State University, addressed the Council regarding the American College Theater Festival. Mrs. Woodhead referred to a brochure which had been previously provided to the Council, detailing some of the major points of interest in same. Mrs. Woodhead informed that the Festival is a recruiting tool which presents the opportunity to recruit artistic professionals in a five (5) state area who would go on 3 Rohnert Park City Council- December 11, 199 to the National Festival. She stated that she has met with Performing Arts Center Director Michael Grice. Mrs. Woodhead informed that she believes the Festival workshop will be a wonderful opportunity to advertise our city as well as bring in revenues via restaurants, hotels, etc. She said the workshop will be an opportunity to show off the city and the Performing Arts Center. Mrs. Woodhead stated the American College Theatre is requesting funding in the amount of $4,600 to assist with the 1991 Regional VIII Festival. Discussion followed. Mayor Eck inquired if the American College Theater was requesting a rent waiver and advised that the city has turned down many good local organizations which have made that request. Mrs. Woodhead said no, they have not made such a request. Councilmember Spiro queried if the request is proper since an other organizations are required to submit a city approved form for financial assistance requests. Acting City Manager Netter stated that the form referred to was primarily designed for sports oriented organizations' funding requests. Acting City Manager Netter stated that he was advised by Performing Arts Center Director Grice that he supports the Festival, agrees with giving a discount of 15% as a resident company of Rohnert Park, and reducing the rental fee to $6,300. Director Grice had also informed that $1,200 to $2,000 in concessions sales should come to Rohnert Park. In addition, Mr. Netter stated that if the Council desires to assist in funding that it may consider earmarking the contribution for promotion, as the festival's budget did not show a line item for promotion. Further discussion followed during which Mayor Eck stated that he has no quarrel with the request as long as it is consistent with other organizations' requests and that the rate structure at the Performing Arts Center is not altered. Councilmember Spiro added that in the publicity for the Festival she wants to be sure that everyone is included and that no businesses are left out. Upon motion of Councilmember Spiro, seconded by Councilman Hopkins, and unanimously approved, the $4,600 funding request was tentatively approved subject to staff coming back at the next meeting with information to substantiate the fact that the current rate structure for the Performing Arts Center is not violated. 4 Rohnert Park City Council - December 11, 1990 Crane Melon Festival Beth Jeffcoat, Chairperson of the Crane Melon Festival and member of the Board of Directors of the Rohnert Park Chamber of Commerce, while referring to a report provided to the City Council and a site plan on display, briefly reviewed the plans to have a Crane Melon Festival next year. Mayor Eck complimented the Crane Melon Festival Committee on their package of informational materials and the presentation this evening. He stated that he has been attempting to bring about an organized effort between the Founders Days Committee and the Chamber of Commerce to come to a mutually workable solution to having a longer time frame between the two events. Councilmember Spiro expressed appreciation for the complete and well prepared package that was presented to the Council. Upon motion of Mayor Eck, seconded by Councilmember Spiro, and unanimously approved, the City Council endorsed the Crane Melon Festival in concept and wished the committee great success. Planning Commissioner Mayor Eck presented to the City Council Planning Hirson Commissioner Barney Hirson's letter of resignation to be effective immediately. Upon motion of Councilman Hopkins, seconded by Councilmember Spiro, and unanimously approved, Barney Hirson's resgignation from the Planning Commission was accepted with regret. Mayor Eck advised that since Barney Hirson was Councilmember Spiro's nominee that it is appropriate for her to nominate a replacement to serve out Mr. Hirson's term. Councilmember Spiro introduced Mr. Gregory Young and referred to a Fact Sheet Mr. Young had submitted expressing interest in serving on the Planning Commission. Mr. Young informed the Council that he looks forward to working with the Planning Commission and the City Council. Upon motion of Councilmember Spiro, seconded by Councilman Hopkins, and unanimously approved, Gregory Young was appointed to serve the balance of Barney Hirson's term on the Planning Commission which is due to expire December 31, 1990. Planning Commission Councilman Reilly referred to his nomination order for terms the Planning Commission, stated that he has spoken to staff and requested that a call for applications be prepared so that he may interview possible candidates. Acting City Manager Netter stated that a news release Rohnert Park City Council - December 11, will be prepared. Mayor Eck informed that Councilman Hollingsworth advised that he would like to be present for the commission appointment process and therefore requested that the actual appointments be deferred until the next meeting which will also provide time for Councilman Reilly to select his nominee. Acting City Manager Netter informed the Council that two of the Senior Citizens Advisory Commission members had called and expressed interest in remaining on the Commission, those being Lenore Jurgiel and Flo Jennis. Discussion followed, upon the conclusion of which the Council concurred that appointments to the various city commissions would be considered at the January 8, 1991 City Council meeting when the entire City Council could be present. Commission Memberships Acting City Manager Netter advised that in order to be in conformity with the other City commissions, the City Council may want to consider adopting a resolution to reduce the memberships of the Cultural Arts and Senior Citizens Advisory Commissions and incorporate the nomination procedure for them as is done with the other commissions and suggested that a resolution could be presented at the January 8th meeting to reflect same. Council concurred. City Attorney Flitner advised the Council that although some commission terms are due to expire on December 31st, the rule has always been that the present commissioners whose terms are expiring shall remain on the commission until appointments or reappointments have been made. Council Committees Councilman Hopkins stated that since Charlie Cochran is no longer on the City Council and he was the appointed representative to the Sonoma County Transportation Authority with Councilman Hopkins as the alternate, he requested to be the representative to the Authority since a meeting is coming up in the near future. The Council agreed to appoint Councilman Hopkins as the representative to the Sonoma County Transportation Authority. Mayor Eck stated that an alternate representative is needed for the Sonoma County Transportation Authority. Councilmember Spiro volunteered. Council concurred. Acting City Manager Netter stated that the present committee members for garbage rates are Mayor Eck and Councilman Hopkins and since rate negotiations are coming up he would like a confirmation of Council M Rohnert Park City Council - December 11, 1990 comittee representatives. Mayor Eck advised that he and Councilman Hopkins would remain as the representatives. Councilmember Spiro requested that she be made the City Council liaison to the Senior Citizens Advisory Commission, stating that she was forced to miss some meetings this past year and would like to become more involved with the seniors this next year. Mayor Eck requested that the other Council committee assignments be placed on the next agenda so that they may be considered by a full City Council. David McCarville Acting City Manager Netter gave a brief background summary of property ownership changes while referring to a map on display of the subject property, and introduced David McCarville. David McCarville, 3240 Scott Street, San Francisco, CA addressed the Council, explaining his concerns regarding the tdransfer of title of a remnant piece of property to him per an agreement and stated that the property has been encumbered by a note and deed of trust, that the note holder wants the note paid down because the City has taken title to the roadway which crosses his parcel but has not cleared the encumbrance. He suggested that the City put up the money to pay down the note or provide additional securities to Mr. O'Hare, the note holder. Mr. O'Hare, 3527 Sleepy Hollow Ct., Santa Rosa, was recognized and stated that his problem is that they have had the note and deed of trust on the land since 1967 and have held on to it for retirement and now that the land which is security for the note has been divided it reduces his security for the debt. He added that he had no input when the City acquired the surrounding parcels. Mr. O'Hare introduced Mr. Ken Porter who is a potential developer. Discussion followed wherein Councilman Hopkins queried how many square feet are contained in the subject parcel and what the price is. Acting City Manager Netter advised that there are 4700 square feet at $2.50 per square foot and that the balance of property is 19,500 square feet encumbered at $129,000. Mr. Netter also advised that that City is hopeful of settling this matter prior to the next Council meeting as he has been assured by the representative of the land owner that the entire note would be paid off so that the encumbrance would be removed so that the remnant parcel could be deeded to Mr. McCarville. 7 Rohnert Park City Council - December 11, 1990 Councilmember Sprio asked Mr. O'Hare if he is receiving money from the property owners on payment of the debt and he replied that he is receiving payments but that his concern is for an adequate amount of security. Mayor Eck stated that he is hopeful this matter will be resolved by staff in the near future so that it is not necessary to place it on the next agenda. "M" Park Acting City Manager Netter advised that the City Council had been provided with copies of Parks & Recreation Commission minutes and staff reports and letters from several residents relative to the M Park matter and brought Council's attention to several plans for M Park which were on display. He informed that Recreation Director Pekkain is present tonight to further inform of the progress made in the plans for the park. Mr. Netter also stated that two public hearings have been held by the Parks & Recreation Commission. In addition he notified that City Engineer Brust, Recreation Director Pekkain and he had met to discuss the Parks & Recreation Commission's recommendations and that staff recommends Plan 10CR. Recreation Director Pekkain informed that three months of review have gone into plans for the M Park and that two public hearings were held with approximately 47 people commenting on the plan. He advised that a subcomittee had also met with residents to get input and stated that those meetings and hearings had resulted in revisions of Plan 10C. Director Pekkain referred to the Plan IOC and advised that revisions were made to the parking lot, basketball court, and the elimination of a baseball field, and the number of tennis courts were reduced to eight. He said that a lot of the residents only want four to six tennis courts. He stated that the plan originally had ten tennis courts and that it has now been reduced to eight. Councilman Reilly queried as to the reason to develop eight tennis courts. Recreation Director Pekkain advised that six courts would fulfill needs for the high school students while leaving two courts for residents at tournament times. Recreation Director Pekkain informed that there is no problem with a swimming pool and play apparatus with the residents, but that they indicated they wanted more open space, referring to the layout of the city's G Park. He also stated that although some residents had expressed concern about the possible overuse of a recreation center in the M Park that the use can be controlled Rohnert Park City Council - December 11, 1990 through policy and that a recreation center is needed in that area. Councilmember Spiro referred to comments made by residents in the Parks & Recreation Commission minutes and queried as to why the Commission has not addressed all their concerns. David O'Brien, Chairman of the Parks & Recreation Commission, informed that staff and the Parks & Recreation Subcommittee had put in long hours of overtime to study what would be most beneficial for M Park and the M neighborhood residents as well as for the entire city in general. He cited a survey that had been conducted by some of the residents and advised that the survey did not take into account the eventual population of the M section. He explained the benefits of the revised parking lot plan, stating that a traffic problem of cars coming down Bodway Parkway would be eliminated. He added that M section is going to grow and that a lot of recreational facilities will be needed. He also added that tennis is a very popular sport in our area and that there is always a need for more courts. Mayor Eck advised that although not a formal public hearing, he would like to allow those in tonight's audience the opportunity to speak on the M Park matter, but cautioned that there is to be no bashing of the Parks & Recreation Commission, and that the city certainly will try to see that the wishes of the M neighborhood residents are met. Ed Funcheon, 1441 Montana Place, stated that he feels the Parks & Recreation Commission's recommendations do not take into account a petition containing 238 signatures that was circulated amongst the M neighborhood residents that in general was against the development of a tennis complex. He said some of them were told that if the tennis complex was not accepted that a portion of the park would be designated for housing. He feels that all the concerns expressed by the residents were not taken into consideration by the Parks & Recreation Commission, that they want the same plan as G Park, but one that includes a swimming pool, and claimed that the majority of the residents don't want more than four tennis courts in the M Park. Steve Weiss, 1382 Marigold Place, said that the City has been patient and apologized for taking the City Council's time. He said that when the M Park matter was sent back to the Parks & Recreation Commission by the 0 Rohnert Park City Council - December 11, 1990 Council that the residents had then requested that there be no tennis courts. He advised that when the survey went out to 500 residents, 300 + of which had responded, the results were that most of the residents liked Plan 10B, a few liked 10C, and he is shocked that the Parks & Recreation Commission did not go along with the residents and voted for Plan 10C. He also expressed concern regarding the serving of alcohol at the recreation center and suggested putting a cap on the hours for serving alcohol. He said he believes Recreation Director Pekkain is in support of Plan 10B. Mr. Weiss also informed that very few of the residents seemed to be in support of Plan 10A and that Plan 10B is actually the choice of the residents. Jay Potter, 1452 Parkway, Parks & Recreation Commission member, stated that he has not been involved in the Commission's voting on the M Park and tennis courts matter due to his association with the Sonoma County Tennis Association, but he feels the residents are getting mixed definitions of tennis complex. He stated that residents had expressed concerns regarding parking, but reminded that with eight courts that would involve 16 to 32 people and that shouldn't impact the parking situation or traffic that much. He informed that with eight courts a tournament can be going on and there would still be two courts open to the public. He feels that Plan lOCR takes into account the concerns of the M section residents and in his opinion would satisfy the tennis community. Jerry Tuck, 5253 Callecita Ct., advised that he is a 12 year resident of Rohnert Park and that he had attended the first Parks & Recreation Commission public hearing on M Park and proceeded to read from a statement he had prepared, a copy of which is attached to the original set of these minutes. Mr. Tuck said he wanted a tennis complex with a stadium court and doesn't believe that a tennis complex is the culprit in the M Park matter. He cautioned that the City should not let a couple of citizens dictate and rule over the planning of the park, that we should not pass up this opportunity to provide a first rate facility for the community, and is in support of the plan which provides for eight tennis courts. Jim Plaisted, 7263 Circle Drive, Parks & Recreation Commission member, opined his preference for Plan 10C rather than 108. Referring to one of the surveys he said that some of the people were against the tennis complex itself but that a lot of the residents didn't have access to the survey. Jon Less, 1372 Middlebrook, spoke about the confusion over the number of plans for the M Park but said he feels the people basically did not want a tennis complex 10 Rohnert Park City Council - December 11, 1990 and that has been eliminated in 10CR although that plan doesn't seem to have a lot of open space which is what seems to be what a lot of the M neighborhood residents want and he feels the residents were drawn together by a common deficiency in the plan of what they want. Craig Fellows, 7428 Maximillian, said he just moved into the area and he feels the residents are concerned with traffic off Maurice Avenue possibly causing a hazard. Jim Stevens, 7494 Monique Place, member of the Parks & Recreation Commission, said that in his experience on the Commission this is the first proposed park that has had soo much citizen input and he feels it is good for citizens to get involved. He reminded that the City has a general plan for all the parks. He advised that the Parks & Recreation Commission has tried to think of everyone who will use the park as well as the residents in the M neighborhood. Janis Brokaw, 6060 Dawn Drive, who is a coach at Rancho Cotate High School, stated that she hopes her recommendation of at least six tennis courts will be considered. She informed that the high school students are at a disadvantage due to lack of sufficient courts at the school and that the courts at M Park would be a big advantage to the students. She said she hopes the city can see its way clear to supply at least six to eight tennis courts. Bill Bundy, 1327 Milton Place, said he was out of town for the hearings but was here for the survey. He stated he likes the idea of eight tennis courts and feels those residents with objections are those with young children, but that they should consider the needs of the children in the future. He said whenever he tries to find an open tennis court in town they are always taken. Ed Kornegay, 1344 Milton Place, said he is in favor of Plan 10C and that he agrees we need more tennis courts He said he enjoys tennis but finds it difficult to find courts and can't understand why some residents are against even four tennis courts and is yet to hear a good reason for not having eight courts, and claimed the survey he saw was prejudiced and listed a choice of either two or four courts. Ron Harris, President of the Rohnert Park Tennis Club, said he has just recently become involved with the M Park matter, that 250 people had signed a petition that they want a swimming pool, but that you can't swim year round, and even soccer fields would have limited use but that tennis courts could be used all day and even in the evening and that tennis is not a noisy sport. He said the city's existing tennis courts are always full, but 11 Rohnert Park City Council - December 11, 1990 soccer fields are not as they are not used throughout the year. Ed Funcheon, 1441 Montana Place, was again recognized and advised that the survey did not include more tennis courts to be consistent with an earlier petition which was circulated. Mayor Eck queried if there was anyone else in the audience wishing to speak on the M Park matter. No one responded. Councilmember Spiro stated she had attended the Parks & Recreation Commission hearing and that the Commission did listen to the residents. She suggested that Plan IOC be utilized and that the soccer field be eliminated to provide more open space. She feels it should be taken into account that high school students need tennis courts. Councilman Reilly advised that the IOCR Plan is comparable to G Park in providing open space, that the survey should have included questions regarding six or eight tennis courts, and questioned if the survey has triggered concerns about the alcohol matter in the proposed recreation center. He stated that he feels the process resulted in a compromise for the good of the entire community. Mayor Eck noted that the budget does not provide for the total proposed costs of the M Park with the eight tennis courts and suggested that in considering this it would be a staged development. He said he feels the park is large enough to handle the eight courts. He added that as far as he is aware no other city park has come under as much scrutiny as this one, and he feels we have all won and no one has lost with the Plan 10CR, that it is a compromise which has been arrived at through a democratic process. Mayor Eck thanked the Parks & Recreation Commission and the residents for all their input. Upon motion of Councilman Reilly, seconded by Councilmember Spiro, and unanimously approved, M Park Plan !OCR was approved. RP Girls Softball Acting City Manager Netter advised that in keeping with City policy the Parks & Recreation Commission had approved $1,000 to be funded to the Rohnert Park Girls Softball All Stars. Upon motion of Councilman Hopkins, seconded by Councilmember Spiro, and unanimously approved, the $1,000 funding recommended by the Parks & Recreation Commission for the Rohnert Park Girls Softball All Stars 12 Rohnert Park City Council - December 11, 1990 team was approved. Recess & Reconvene At this point in the meeting, the time being approximately 9:50 p.m., Mayor Eck called a recess. The meeting was reconvened by Mayor Eck with all Councilmembers present, except for Councilman Hollingsworth, at approxixmately 9:55 p.m. Sign Ordinance Acting City Manager Netter referred to a report prepared by City Attorney Flitner and an ordinance also prepared by him to amend the current sign ordinance to make provisions for the size of campaign signs. Mr. Netter reminded that this matter had come up during the recent election when it was noted the city had no such provisions in its current sign ordinance and the Council had requested that something be included to provide for the size of campaign signs. Mr. Netter indicated that City attorney Flitner was recommending that all temporary signs be regulated which would include campaign signs and that to proceed this item should be referred to the Planning Commission for its recommendation. Discussion followed whereby Councilmember Spiro stated she was not in agreement with the provision for the posting fee of $500 for signs, stating that some candidates may not be able to afford that and suggested that that item be deleted from the proposed ordinance. Upon motion of Councilman Hopkins, seconded by Councilmember Spiro, the amendment to the sign ordinance, deleting the sign posting fee of $500, will be referred to the Planning Commission for their action and recommendation. New Public Safety Acting City Manager Netter referred to staff reports and Facility statistical data related to the proposed new Public Safety facility, noting that the City Council had been provided with the documentation. He explained a bond program to be implemented for the new facility and said the estimated cost for the facility is approximately $8.1 million. Mr. Netter gave a brief background of occurrences which have resulted in the $8.1 million figure and explained why the costs have been elevated. He reviewed financing options which included an insured issue which hopefully would result in a AAA rating. Mayor Eck stated that it seems that most projects are presented with a bare bones estimate and by the time the estimates are near completion some projects seem to come up to almost twice the original estimated cost. Discussion followed. 13 Rohnert Park City Council - December 11, 1990 Acting City Manager Netter referred to Finance Director Harrow's memorandum explaining financing for the project and said the proposed financing program is very sound. He explained that partial funds would come from redevelopment funds which included approximately $150,000 transfer from the Swim Complex Project which has been put on hold. He recommended that a joint public hearing be held between the City and the Community Development Agency at its meeting of January 8th. Mr. Netter stated that Finance Director Harrow and bond counsel representatives are in the audience tonight to answer any questions the Council might have regarding the financing of the project. Councilmember Spiro inquired if the School District could help out towards funding. Acting City Manager Netter advised that the School District is included in the 2nd phase of the project which is the Civic Center building. Jerry Kohler, 4964 Harmony Place, spoke from the audience stating that he is shocked at the costs of the project, is concerned because the size is 35,000 square feet which is comparable to the size of the Codding Bank Building. He stated that he feels the public should be notified whenever talk takes place regarding bonds. Mayor Eck said that the City Council has been reviewing this plan for over a year now and that a joint public hearing is being scheduled in regards to the bond funding at the City Council meeting of January 8, 1991. Councilmember Spiro said she was curious as to why Jerry Kohler has not mentioned his concerns sooner since the City Council has been discussing this project for months in the past. Mayor Eck informed that public hearings on the new public safety facility have been held and that Mr. Kohler must not have been paying attention. City Enaineer Brust advised that as the planning stages of the building progressed, out of necessity the square footage increased. Councilman Hopkins stated that although the building is large, he feels it would not be practical to build a facility that just meets our present needs and that the City needs to be long- sighted and plan for the next 40 to 50 years. 14 Rohnert Park City Council - December 11, 1990 Mayor Eck said this project is carefully staged and the city looks forward to getting public response and he feels we should not delay, that it is better to act now so we can move ahead and get started, that if we get feedback against it later we can act on it accordingly. Council concurred to hold a joint public hearing between the City and Community Development Agency in regards to bond funding of the new Public Safety Facility. The scheduled joint public hearing is January 8, 1991. Resolution No. 90 -288 A RESOLUTION APPROVING AN AGREEMENT FOR BOND COUNSEL SERVICES WITH THE FIRM OF JONES HALL HILL & WHITE, A PROFESSIONAL LAW CORPORATION (CERTIFICATES OF PARTICIPATION - PUBLIC SAFETY FACILITY) Upon motion of Councilman " Reilly, seconded by Councilmember Spiro, and unanimously approved, Resolution No. 90 -288 was adopted. Resolution No. 90 -289 RESOLUTION APPROVING AN UNDERWRITING AGREEMENT WITH THE FIRM OF STONE & YOUNGBERG (CERTIFICATES OF PARTICIPATION - PUBLIC SAFETY FACILITY) Resolution No. 90 -290 Westerly Public Safety Substation /Animal Shelter Upon motion of Councilman Reilly, seconded by Councilmember Spiro, and unanimously approved, Resolution No. 90 -289 was adopted. CALLING FOR SEALED PROPOSALS, ROHNERT PARK PUBLIC SAFETY BUILDING, PROJECT NO. 1988 -18 Upon motion of Councilman Reilly, seconded by Councilmember Spiro, and unanimously approved, Resolution No. 90 -290 was adopted. Acting City Manager Netter referred to reports and plans for the substation, copies of which have been provided to the Council. He said staff has reviewd the architect's proposal and recommends approval of Phase I of the contract predesign and the schematic building design. He advised that after this initial stage the matter would be brought back to the Council for further consideration. Resolution No. 90 -291 A RESOLUTION AUTHORIZING HIRING OF LAWRY, COKER, DESILVA FOR ARCHITECTURAL /ENGINEERING SERVICES FOR THE FIRE STATION /ANIMAL SHELTER LOCATED ON LABATH AVENUE Upon motion of Councilman Hopkins, seconded by Councilmember Spiro, and unanimously approved, Resolution No. 90 -291 was adopted. 15 Rohnert Park City Council - December 11, 1990 Solid Waste Matters Acting City Manager Netter informed that staff has been A6939- Source meeting with a consulting firm hired jointly by the Reduction /Recycling County and the cities to advise how best to implement the source reduction recycling and other elements mandated by AB939, which must be in effect by July 1, 1991. He noted that there is a workshop coming up in January 1991 and that it would be desirable to have a Council subcommittee attend the workshop and report back to the full City Council. Discussion followed during which Mayor Eck volunteered to serve on the AB939 workshop subcommittee. Councilmember Spiro said she would also try to attend but it depends on exactly when in January the workshop is to be held as she has numerous commitments that month already. Mr. Netter said he would check with the consultant and schedule the workshop in either the week of January 14th or 21st, 1991. Refuse Disposal Fees Acting City Manager Netter advised the Council that a letter has been received from Empire Waste Management regarding the necessity to increase garbage disposal rates. Mr. Netter said that between now and the first Council meeting in January staff will be working with representatives of Empire Waste Management to come up with a solution for the City to pay the deficit mentioned in their letter. Mr. Netter suggested that following that meeting, staff would meet with the Council committee to discuss and review staff's recommendation for garbage rate increases to be presented to the full Council at its meeting of January 8, 1991. hearing be held at the January 8, 1991 City Council meeting to get the public's input on the possible increase in disposal fees. Councilmember Spiro queried why we had guaranteed a 7% profit to Empire Waste, that they should not get an increase on the routine costs of doing business and feels there is no incentive that they be cost efficient, and that we shouldn't be expected to pay for the costs of running Empire Waste's business such as uniforms, etc. She stated she would like an explanation of the interest, depreciation, and amortization costs. Empire Waste Management representative explained that costs are based on the container equipment depreciation and am five years, and that Empire has had a 4% operating line in the past three years. that dump fees and fuel costs have increased costs to Empire. 16 Kevin Walbridge new 90 gallon )rtization over increase in its He also advised accounted for Rohnert Park City Council - December 11, 1990 Councilman Hopkins suggested that we cooperate with the City of Santa Rosa in finding our own dump site. Communications Communications per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. City Manager's report Acting City Manager Netter referred to letters received LAFCO- Sphere of from the Local Agency Formation Commission ( LAFCO) influence regarding the city's sphere of influence and LAFCO's agreement regarding drawing back the city's boundaries but that Canon Manor would be left in the city's sphere of influence. He said that with this LAFCO action, the city should begin discussing annexation of the 33 acres included in the sphere of influence on the west side. City Welcome Signs Acting City Manager Netter brought the Council's attention a sample of the new city welcome sign which was on display. The Council concurred with the design and indicated approval of same. Pump Station Acting City Manager Netter advised that the Council has been provided with a copy of the environmental impact report for the proposed pump station and informed that the next step is that it will be in the State's hands for a 45 day review period. City Engineer Brust informed of the staging program and suggested that a full pumping station should be built at this time. He said the EIR report is out for review and he would like the project to go to construction in the summer with completion in the early fall and would like the Council's authorization to perform the preliminary site work. Upon motion of Councilmember Spiro, seconded by Councilman Reilly, and unanimously approved, the City Engineer was authorized to perform the preliminary site work for the pumping station project. M Park land purchase Acting City Manager Netter referred to Resolution No. 90 -89 which authorized the purchase of additional land in M section for M Park from Debra Investments Corporation. He indicated that staff has completed negotiations of price of said land. The agreed upon price is $162,000 per acre for approximately 6.6 acres for a total cost of $1,069,200. He stated that the City has an agreement with the Cotati / Rohnert Park School District to sell approximately nine acres that the School District leases from the City for M school for the most current appraised value which is $250,000 per acre, for a total of over $2 million. The School District will pay for the land from a State bond issue. 17 Rohnert Park City Council - December 11, 1990 The money from this sale will be used to reimburse the City for the M Park land purchase as well as provide funds for the M Park improvements. Upon motion of Councilmember Spiro, seconded by Councilman Reilly, and unanimously approved, authorization was given to proceed with the purchase of the land at a price of $162,000 per acre which computes to approximately $3.80 per square foot. Wine /Visitors Center Acting City Manager Netter informed of a meeting tomorrow with the Winery Association regarding the proposed Wine /Visitors center, stating that it would be beneficial to have a City Council representative at that meeting. Councilmember Spiro said that she would attend the meeting. Bell Ringers Acting City Manager Netter informed the Council that he and Mayor Eck had been asked by Codding Enterprises to participate in the Salvation Army's Christmas bell ringing campaign tomorrow in front of Raley's market. Mayor Eck indicated he would try to be there. City Attorney's report City Attorney Flitner referred to a memorandum he had Mobile Home Parks provided regarding change in State law concerning mobile home parks which may affect the City's current litigation with the mobile home park owners. The City Attorney briefly summarized his memorandum. Conflict of Interest- City Attorney Flitner referenced his memorandum dated Remote interest December 6, 1990 in regards to City Councilmembers or exception Commissioners contracting with the City or being a supplier of goods to the City and what rules and exemptions may apply. He indicated that the law does allow a city officer to supply goods or services (under the remote interest provision) when those goods or services have been supplied to the city for at least five (5) years prior to his or her election or appointment to office. In addition, City Attorney Flitner recommended the official announce the interest in a contract and abstain from discussion on the matter. A copy of City Attorney Flitner's December 6, 1990 memorandum is attached to the original set of these minutes. Matters from /for Councilman Hopkins said he feels it is imperative that Council - the City send someone to the December 20th meeting in Redistricting Santa Rosa to discuss the upcoming hearing on redistricting by the California State Legislature. Councilmember Spiro indicated that she would attend the meeting. 18 Rohnert Park City Council - December 11, 1990 Annual Volunteer Acting City Manager Netter reminded the Council of the luncheon January 17, 1991 annual luncheon to honor the City's volunteers. The Council requested they be reminded of the luncheon as the date gets closer. MTC Appointee Mayor Eck noted that there are three parties interested in filling a vacancy on the Metropolitan Transportation Commission (MTC) which was left vacant by Bill Lucius, and advised that he intends to vote for Patty Hilligoss and Peter Foppiano and that he is not inclined to vote for a supervisor who had expressed interest in serving on the commission. The Council had no problem with Mayor Eck's recommendation. Mayors & Councilmens Acting City Manager Netter reminded the Council of the Institute -San Jose League of California Cities Annual Mayors and Councilmembers Institute to be held in San Jose in January. The Council indicated they would attend and requested that reservations be made. Other unscheduled Mayor Eck inquired if there was anyone else present public appearances desiring to speak at this time. No one responded. Adjournment Mayor Eck adjourned the meeting at approximately 10:58 p.m. Deputy City Clerk c i �0 f"X- Mayor DEC-0 -'90' FR I 06,:64 I D : M0NR0E FL I THER ET HL TEL HO: x'87 528 -6400, 1 � i'I DATE. December C, 1990 TO: Joseph D. Netter RE: Conflict of Interest /Remote Int, #438 P02 A xt� t�ll 1 As you know Government Code §1090 states ' "...city officers or employees shall not interested in any contract made by them capacity, or by any body or board of whi However Government Code § 1091 states in "§ 1091. 'Remote interest, in contr "(a) An officer shall not be deemed contract entered into by a body or ouct.Lu Vi wiai,.,a ..G officer is a member within the meaning of this article if the officer has only a remote interest in the contract and i the fact of that interest is disclosed to the body of the board~ of which the officer 9is a member and noted in its official records, and thereafter the body or board authorizes, approves, or ratifies the contract in good faith by a vote of its membership sufficient for the purpose without counting the vote or votes of the officer or member with remote interest. (b) As used in this article, 'remote interest" means any of the following: (8) That of ,a su liar of nods or services when those goods or services have een$ §glied to the contracting party by the officer for at least five r;ar__rih,cr ol or-t -i nn nr nnnni ntmei to office." Based on the above, if a councilperson did business five (5) or more years before his or her election and if the councilperson discloses the interest and circumstances and abstains then the law allows such a contract. For the protection of the city and the councilperson, and to avoid embarrassment, possible legal challenges, etc., I would recommend that city policy be that the contract go to the lowest bidder. Nothing is to be implied or assumed from this recommendation, it is merely a recommended by me as to policy so as to avoid any future criticism. Under the other big conflict of interest legislation in the Government Code, "the Policital Reform Act of 1974," Section 87100 provides as follows: 11§ 87100. Prohibition because of financial interest No public official at any level of state or local government shall make, participate in making or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest." I see no violation of this provision so long as the public official: 1. Qualifies under the 5 year provision. 2. Announces interest in contract and that he or she will abstain and absent himself /herself from the discussion. 3. Does so and the matter is resolved by the remaining councilpersons, assuming a quorum, etc. R pectfully subm'tted, N D. FLITNER City Attorney ' PROHIBITED ACTS iQAp a § 1091.5. Interest in contract; Quantity and quality of interest; Relation to contract- ing ley § 1092. Avoidance of prohibited contract § 1092.5. Rights of good faith third party § 1093. Purchase, sale, or dealing in warrants or other evidence of public indebted - ervice and return ness ,overnor's permis• § 1094. Affidavit of nonviolation required before allowing accounts s and liabilities of § 1095. Payment of warrants or other evidence of indebtedness I to absence). § 1096. Suspension of settlement or payment § 1097. Penalties Cross References: Rules and regulations prohibiting conflicts of interest: 2 Cal Adm Code §§ 18700 et a judicial officer within � W Yl and this section � of the peace without Collateral References: le. People v Foutz (1945) Witkin Summary (8th ed) p 408. swell v Lowery (1946) 76 45 Cal Jar 3d Municipalities § 253. Law Review Articles: Appearance of fairness doctrine: closing a loophole in California's Political Reform board of school Act. 17 Cal West LR 75. Annotations: trict shall absent Validity and construction of enactments requiring public officers or candidates for office to disclose financial condition and relationships. 37 ALR3d 1338. either: Validity, construction, and application of regulation regarding outside employment approval of the of governmental employees or officers. 94 ALR3d 1230. chool district for § 1090. Contracts, sales, and purchases trade in official capacity 00 days. Members of the Legislature, state, county, district, judicial district, i upon a proper and city officers `or employees shall not be financially interested in any ,he State may be contract made by them in their official capacity, or by any body or ict for an addi- board of which they are members. Nor shall state, county., district, r judicial district, and city officers or employees be purchasers at any sale or vendors at any purchase made by them in their official capacity. As used in this article, "district" means any agency of the state formed pursuant to general law for special act, for the local perfor- �, `t �, • niance of governmental or proprietary functions within limited bound- aries. Enacted 1943; Amended Stats 1951 ch 1553 § 2, operative January 1, 1952; stets 1953 ch 1081 § 1; stets 1961 ch 381 § 1; Stats 1963 ch 2172 § 1; Stats 1970 ch 447 § L Prior IAw: (a) Former Pol C 3 920, as amended by Stats 1921 ch 489 § 1 p 743. (b) Stats 1851 ch 136 § 1 p 522. Amendments: 1951 Amendment: substituted "judicial district" for "township ". interest 1953 Amendment: Added the second sentence. 27 *4 Red equabb as w die public to *Y. toot do" tilt Le" && loth oontraot wrsald be mom In flea p aa¢it9► the etlwas be bow trot big ass � of its e Can (19is) 3i£ Cal 3d 633. 21401 li40139,699 P2d 316. - tt � ,,a• at ► " jug is aogatidjam with me awther. Sam terra Valley wow Div- v Gross (19sk bah Dom) 200 Cal AM 3d 1363, 246 Cal RIO "0 13 Under GGY. Caddo i k?s`�0, with ftT iU Clef eah=-, imm btlas ft==hW7 -" . *Ad - am ooh made by them in th* e9k i d qty, ae by any body cr boW d of WhI& they am emsambesr, the prescribed bawwt inn both any direct intavot and any iodirmt hatIP&A in xW-h ccaftact ThOMM v CO (19" " Cal 3d 633. 214 Cal Rptr 139.699 P2d 316. A contr" entered Wo by a MOM*- of the city cocoa Whereby the coundbum quid 'a game] d land to a onrporadoa that arse aogt3rias the laid to convty to the city for on to a park and *pea VW, viasteD GM Cods. 4 1090, which preshi " city officers f-aw being AMOMODY inte r is any oonttaet Garde by them is their iftiai ity or by any body or board of which they ate mtrabaas, and was thertE*m v a The caapnca- tim °s pttrci'sm of the gsogar4y seas Pot at a a t& mnitrarty apvwunt by which aw Wrew1b a agreed to aogaire IIV d saki fey is to the city, and the city would bric to the c-p-aiiun a nbc gsamit far Omtbuccm of a '°"`tmdw cmo-- on &djacwt land. Tlw OM—T—s land Was one os only the psi y tzro%ed fee wqnmium by the ax a � tlrss, liar of the lanai wad fib' pat C( a Pvyi— -1-11 " "'t. FWtlatrttrore, ncather the AbWWO of Actual €road nor the PmubilAY of good faith mi ke on the pert of the OMOMiman cocld alter the ihct that the ooatract was void ruder i IM. 'Y'tsaum— v Call (1985) 38 Cal 3d 633, 214 Cal Rises 139, 699 P2d 316. is. Tim of PICAdift hoteren City officers we denied the right w make con- tracts in Oleii official capacity -th thesnaely" or to become interested in eonb -u them 0' Code i 1.090). He wever, an e=eP6 to this cxkrts wb,, the oondict Ulmer after the award of the Oontraet, tnrnidsd that no earber agrecmtnt, exl rest ar implied, between the officiad and the entity cmtmcting dI% -4C4 * With the caty- Tdensomi v Cali (1985) 38 Cal 3d 633, 214 Cal Rptr 139, 6" P2d 316. i # �, Z x C 10%. to interair 111 eoutr*t (a) An officer shall not be deemed to be interested in a by a It Artie if tilt _ffi-r tw °* `t"' tr,�rtt . i t or into (1) That of an officer or employee Of a nOnlarofit as .. - __ _ —_t_ d0. ,.s s.."v«,v,s% f,al of ReArlion 1091.5, ; , i OVERNUEN CODS 't (2) That of an employee or agent of the contracting party, if that contract - ing party hxa 10 or more other employees atees ant -i if theyears prior in the emplocee or agerDt of that a tracbng ply initiaily WcqAmg his or her office. For parpog4s of this pa ph, bane of employment with the contrasting party by the officer ghail lse t�nlnted in computing the three -year period speed in this paragraph even though the contracting party has been var from one form of business organization to a different form of organization within three years of the initial taking of office by the officer. Tune of employment in that case shall be counted only if, after the transfer or change in organization, the real or ultimate ownership of the sxmtraciing party is the same or substantially similar to that which existed before the transfer or change in organization. For purposes of this para- graph, stockholders, bondholder$, partners, or other persona holding an interest in the contracting party are regarded as having the "real or ultimate ownership" of the contracting party. all of file (3) That of an employee or agent of the contracting party, if following conditions are met: (A) The agency of which the person is an officer is a heal public agency located in a cotiuly with a population of less than 4,000,000. (h3) The contract is competitively bid and is not for personal services. (f:) The employee or agent is not in a primary management capacity with the contracting party, is not an offcer or director of the contracting party, and holds no ownership interest in the contracting parry. (ID) The contracting party has 10 or more other employees. (E) The employee or agent did not directly participate in f orm111atiug the hid of the contracting Party- (F) The contracting paAy is the longest responsible bidder. (4) That of a parent in the earnings of his or her minor child for personal services. (5) That of a 14nndlord or tenant of the contracting party. (6) That of an attorney of the contracting party or that of an owner, officer, employee, or agent of a firm which renders, or has rendered, service to the contracting party in the capacity of stockbroker, insurance agent, insurance broker, real estate agent, or real estate broker, if these individuals have not reoeived and will not receive remuneration, consideration, or a commission as a result of the contract. (7) That of a member of a nonprofit corporation formed under the Food and Agricultural Cade or a nonprofit corporation formed under the Corpo- rations Code for the sole purpose of engaging in the merchandising of agr cultm -al products or the supplyirhg of water. (g) That of a supplier of goods or services when those goods or services have been supplied to the contracting party by the officer for at 1 ve years prior to or intment to office. (9) That of a person subject to the provisions o section 1090 in any contract or agreement entered into pursuant to the provisions of the California Land Conservation Act of 1%5. (10) That of an officer, director, or employee of a bank, bank holding company, or savings and loan association with which a party to the contract has the relationship of borrower or depositor, debtor or creditor. IA�>i i30'VERNMENT CODE (30VERN nagT CODE, $1� (11):. law of as engineer, geologist, or architect employed by a consulting eashwarlog or architectural firm. This paragraph appiiea only to an em- phWeo.af a consulting Arm who does not serve in it primary managemeilt capuity, and does not apply to an officer or director of a consulting Seem (12) Tbat of an acted offim otherwise subject to Section 1090, in any bomb* assistmwe p symemt omtract entered into pursuant to, Section 8 of n the United States Housing Act of 1937 (42 U.S.C- Sec. 14371) as that the housing payment contract was ill bed Section 1090 became applicable to. the officer and will be renewed or only as to the crixticg tenant, or, in a jurisdiction in which the redutal vacancy rate is leas than 5 percent, as to new tenants in a unit Previously under a Section 8 contl'acL This section applies to any person wbo beearme a pub official on or after November 1, 1986. (c) This sectica ima not applicable to any officer r interested in a contract who influences or attempts.to influence another member of the body or board of which he or the is a member to enter into the contract. �z (d) T1se windfall failure of an officer to disclose the fact of his or her interest ev in a colitract pursuant to this section is punishable as provided in Section LO 1097. That violation does not void the contract unless the contrac,tmg party 0 had knowledge of the fact of the remote interest of the offer at the time the collt3aCt was ellted. Z Ahead Stab IM ch 431 § 1; Stets 1984 ch 113 11, effective May 10. 1984. Amended 1987 ch 847 ;1. rM2 Amsntiisasttr Added subd (bxd0). IM a mwAmei t (1) Substituted "an odder or employee" for "a oonsalaried ethos:" in atbd (b)(1}, and C1) added "or that of an owner, ofidcet employee, or agent of a &i n which resdcM cc has rander4 aer"oe to the coutrac9irS party in the capacity of stockbroker, insurance AP04 i>ssurmcm Unka, real estate amt, or real estate broker, if these iatdividuais have not rectived and will not receive reratuiera- dam. ea zWere iion, or a oommietion as a result of the contract" in subd (0)0). IM Amiamissue In odditieo to makin g technical change, (1) added subds (bX3) sand (h)(121 (2) radedgmud lh=w slbda (b)(3)OXIO) to be subdo (b)(4)0)(11k (3) subadiuted "have b:ess" for "bad been" is subd (bX$); (4) substituted 'this section is not" for -'rbe provisions of this section shaff not be" in suhd (e); and (5) smande><d subd (d) by substituting (a) "is" for "*)salt be" ill. do Sent send and Cb) does" got "sbar in the second se aesseee. iaalit{xnk Land C6naervation.Act of 1965 (Wid;ismsam Act): 1151200 a saq. A-#kw of Selected 1984 Le&,stion. 16 Pacific Lei 721. J j 1091.3. RIM* of public officer to kilted vide land In which be bas interest u� The prohibition against an interest in contracts provided .by this article or t� u7 any other provision of law shall not be deemed to prohibit any public officer _ or member of any public board or commissions from subdividing lands owned by him or in which he has an interest and which subdivision of lands -•._ is effected under the provisions of Division 2 (comme nciing with Station °- 66410) of Title 7 of the Government Cade or any local ordinance concern- ing subdivisions; provided, that (a) said officer or member of such board or k commission shall first Silly disclose the nature of his interest in any such �'i lands to the legislative body having jurisdiction over the subdivision thereof, • • r and (b) said offer or member of such board or commission shall not cast 0 a his vote upon any matter or contrwct concerning said subdivision in any �—? manner whatever. Added SWS 19M ch 628 11; Anmded Stamt 1975 ch 2416, aff6etive April 4, 1975. Noun- t'lseea wes sawthar sectiem of this number which was added by Scats 1985 ch 910 11 and 4 - "Nat 9 u.. fti— 1027 rh u it 47 finalsdal iateresb ~ private baslstry COOK2 meodws Section IM shall not apply to any contracr or grant made by private Mustry councils estahlisiaed pursuant to Chapter 4 (commencing with Section 15030) of Division 8 of the Unemployment Insurance Code, unless both of the following conditions are met: (a) TUe contract or grant directly hears on services to be provided by any member of a private industry council or any business or organization which the member, dir dy represents, or the contract or grant would financially belnefit the member or business or organization which the member repre- sents, (b) The affected private industry council member fails to comply with Section 87100. Added Sims 1985 ch 910 § I as 1 1091.1; Renumbered Scats 1987 ch 56 § $7. pdar Lair. Foram Unempl ins C 115034.5. I9a7 Routine cock maintenance. 240w -�" 1985 ch 91© provides: SEC. 3. Section I of this Act shad apply 1ru'0octively to any contract Of grant awarded by a prhvle industry eotsnal on or after January 1, M. 1091.5. Interest in c;ontr=4 Quandty and quality of interims Relation to cantr2ctift party -Remote insaaW'; application to uwmalariad odflca of aoaprofit cOrporstion: 1109 1 School board member may not vote upon, participate in considering, or attempt to tuduemx action taken upon propc4W program or contract submitted to board by otgaaiaMM of which member is ankned U&mtive director, eacopq in limited circumstances, (1987) 70 Ops Arty Clem 45. A county motion authorizing the payment to certain ohs of both a $100 per month allow- Dam and mileage at a fixed rate for the pawk use of their awn vrhiclm to the extent that it c mpen- sated certain pubhe ofCiah; for having their pri- zte vehicle* "standing by." did not violate: Gov. Code, 1 1091.5, subd. (&X2) authorizing reimbutae- metit of "*;;nW and uormaasy expense s incurred in the performance of odclal duty," or Gov. Code, 11223, permitting an allow&= "ibr the use of VaAcles craned or rented ... in she perfonmstce of duty . , . inhere it could be presumed that those officials and employes designated by the county to receive the allowance were county ad- cas and employees whose duties required frequent trips on county business so that the keeping avaid- able of a privately awned or lased vahtele with which to conduct such business Would be in the performance of duty, 'Mus, availability seamed an "sctual and necessary" purpose. Citizen Advo- cates, Inc. v hoard of supervisors (1983) 146 Cal App 3d 171, 194 Cal Rptr 61. 11197, Penalties Application of section for failure to disclose fact of "remote interest"; 1091. 6oritkin Cyrinxsnal Law (2d eel) Ch I Introduction to Crimes § 64. § IM. Disclosure or use of confidentW idormation for pecuniary gain (a) Any current public officer or employee who willfully and knowingly discloses for pecuniary gain, to any other person, confidential information acquired by him or her in the course of his or her official duties, or uses any such information for the purpose of pecuniary gain, is guilty of a misde- Manor. (b) As used in this section: (1) "Confidential information" rums information to which Al of the