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1991/05/14 City Council MinutesRohnert Park City Council Minutes May 14, 1991 The Council of the City of Rohnert Park met this date in regular session commencing at 6:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Eck presiding. CALL TO CRDER Mayor Eck called the regular session to order at approximately 7:18 p.m. and led the pledge of allegiance. Mayor Eck advised that a closed session com;renced this evening at 6:00 p.m. to discuss the mobile home rent control litiga- tion matter and a personnel matter. He said no action was taken and there was nothing to report at this time. ROLL CALL Present: (4) Councilmembers Hopkins, Reilly, Spiro and Mayor Eck Absent: (1) Councilmember Hollingsworth (out of town on business) Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Assistant to the City Manager Leivo, Planning Director Skanchy and City Engineer Brust. Approval of Minutes Upon motion by Councilman Hopkins, seconded by Councilman Reilly, and abstained by Councilmember Spiro (absent at April 23rd meeting), the minutes of April 23, 1991 were approved as submitted. Approval of Bills Upon motion by Councilman Hopkins, seconded by Councilman Reilly, and unanimously approved, the bills presented per the attached list in the amount of $1,367,294.13 were approved. Non- agendaed Mayor Eck queried if any Councilmember had any non - agendaed Matters items to add to the agenda. Councilmember Spiro said she had an item regarding Sister Cities Committee to add under matters from Council. Councilman Reilly said he had one miscellaneous item to add under matters from Council. Lhscheduled Public NLayor Eck stated that in compliance with State Law (The Brown Appearances Act), anyone in the audience who wished to make a commnt may do so at this time. In most cases under legislation of the new Brown Act, the Council cannot handle an item without agendizing. To ensure accurate recording, "Speaker Cards" are provided at the entrance of the Chamber and unscheduled public appearances are requested to fill out the cards and present to recording clerk after speaking. Rohnert Park City Council Minutes (2) May 14, 1991 Michele Fads Michele Eads, 56 Adele Avenue, distributed copies to Council of her letter dated May 14, 1991 regarding request for the City to look into the prospect of erecting a sound /noise barrier along the freeway from the City's Southwest Blvd. intersection north to Avram Avenue and shared the contents therein (copy attached to original set of these minutes). City Engineer Brust responded to Council questions and said Council recently reviewed Caltrans proposed widening of U.S. 101 Highway. Caltrans proposed plan includes building a sound wall from Arlen Drive to Avram Avenue and, as requested by Mr. Brust, Caltrans is in the process of reviewing the need for a continuous sound wall south of Arlen to Southwest Blvd. intersection to establish whether or not the sound generated is sufficient to warrant the additional portion of sound wall. Mr. Brust said he has also requested Caltrans to provide funding sources available and expected to have that information for Council's review within the month. Mayor Eck said this item should be placed on the Council meeting agenda immediately following the City Engineer's receipt of information from Caltrans. He advised Michele Eads that staff would provide her with a copy of that agenda. Council agreed. William S.Snell,Esq. William S. Snell, Esq., 3554 Round Barn Blvd., Ste. 303, Santa Rosa, said he was appearing tonight on behalf of petitioners for the expansion of the Sports Center to include additional racquetball courts. He encouraged Council to give careful consideration to the petition and be responsible to the desires of the individuals as the facility is currently overcrowded. He asked Council to direct the Recreation Director to do a cost and expense analysis as he thought it would be possible to turn this facility from a losing proposition into an enterprising project. He said projects should be prioritized with expansion of the Sports Complex at the top of the list and efforts should be made to begin seeking methods of funding. Mayor Eck said this item is scheduled for review later on tonight's agenda. C O N S E N T C A L E N D A R Mayor Eck queried if anyone had any questions regarding the matters on the Consent Calendar which were explained in the City Manager's Council Nbeting Nbm . Councilmember Spiro said she would like to discuss Resolution No. 91 -96 and requested removal of same from the Consent Calendar. Council concurred. Rohnert Park City Council Minutes (3) May 14, 1991 Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT 91 -89 PARK REJECTING CLAIM OF VINCENT DOHERTY, SINEAD DOHERTY, KEITH DOHERTY Resolution No. A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK 91 -90 ACCEPTING GRANT DEED FROM CODDING ENTERPRISES (Re. PRICE CLUB - Parcel A - Well Site) Resolution No. A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK 91 -91 ACCEPTING GRANT DEED FROM OCEANIS (Re. Spreckels Place Subdivision, Unit No. 6, Parcels A - F) Resolution No. A RESOLUTION DESIGNATING, AUTHORIZING, AND APPROVING THE 91 -92 INSTALLATION OF STOP SIGNS (On Enterprise Drive at the Hunter Drive Intersection) Resolution No. A RESOLUTION ACCEPTING COMPLETION AND DIRECTING CITY ENGINEER 91 -93 TO FILE NOTICE OF CCWLETION, LEFT TURN LANE, PROJECT NO. 1990 -1 Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK 91 -94 APPROVING AN AGREEMENT TO JOINTLY CONDUCT A HOUSEHOLD HAZARDOUS WASTE COLLECTION DAY FOR THE CITY OF COTATI AND THE CITY OF ROHNERT PARK ON JUNE 8, 1991 AT THE ROHNERT PARK STADIUM Resolution No. A RESOLUTION OF THE CITY CODICIL OF THE CITY OF ROHNERT PARK 91 -95 PROCLAIMING THE WEEK OF MAY 15, 1991 AS "POLICE WEEK" AND NAY 15, 1991 AS "PEACE OFFICERS MUvMIAL DAY" Upon motion by Councilman Hopkins, seconded by Councilman Reilly, and unanimously approved, except for the removal of Resolution No. 91 -96, the Consent Calendar as outlined on the meeting's agenda was approved. Resolution No. A RESOLUTION OF THE CITY CODICIL OF THE CITY OF ROHNERT PARK 91 -96 SUPPORTING SB185 (INCREASES PENALTIES FOR ANYONE CONVICTED OF ATTEMPTING TO EVADE A PEACE OFFICER BY DRIVING A VEHICLE AT HIGH SPEEDS) Councilmember Spiro said there's so many laws on the books imposing penalties on people and expressed concern regarding the surrender of vehicles for offenses referred to in the resolution for consideration. Rohnert Park City Council Minutes (4) May 14, 1991 Councilman Reilly said the vehicle forfeiture would be the result of convicted offences only and not simply from the issuance of a citation from an officer. Upon motion by Councilman Reilly, seconded by Mayor Eck, Resolution No. 91 -96 was adopted by the following vote: AYES: (3) Councilman Hopkins, Reilly and Mayor Eck NOES: (1) Councilmember Spiro ABSENT: (1) Councilman. Hollingsworth Resolution No. RESOLUTION IN SUPPORT OF ASSEMBLY BILL 434, VEHICLE 91 -97 REGISTRATION SURCHARGE City Manager Netter explained the resolution and said unanimous support was indicated for Assembly Bill 434 at the Mayors' & Councilmembers' Association meeting of May 9, 1991. Upon motion by Councilman Hopkins, seconded by Councilman Reilly, and unanimously approved, reading of Resolution No. 91 -97 was waived and said resolution was adopted. Resolution No. RESOLUTION CALLING FOR SEALED PROPOSALS, "M" SECTION 91 -98 NETGHBORHOOD PARK, PROJECT NO. 1989 -14 City Engineer Brust referenced plans on display and explained the resolution as outlined in tonight's Council Meeting Memo regarding M Park, Phase I, Project No. 1989 -14 base bid cost estimate totaling $1,443,500 and alternate bid cost estimate totaling $346,300 equaling a combined total of approximately $1.8 million. W. Brust responded to various questions from Council. City Manager Netter said funding for this project is proposed from the sale of "M" Section school site which would net approximately $1.5 million with an anticipated closing in June, 1791 and It would be advisdwhle to p oceeu with bids at this time so grass can be planted and mature during the winter of 1991 -92. He said staff is also giving consideration to preparation of construction plans for the swimming pool envisioned in the Master Plan which would be the next phase and would be bid as a separate contract at a later date. W. Netter said staff recommends Council authorization at this time to receive bids on the base and alternates for the first phase of M Park as outlined. Upon motion by Councilman Hopkins, seconded by Councilmember Spiro, and unanimously approved, reading of Resolution No. 91 -98 was waived and said resolution was adopted. Rohnert Park City Council Minutes (5) May 14, 1991 Ordinance No. 537 AN ORDINANCE OF THE CITY OF ROHNERT PARK ADDING CHAPTER 9.64 TO THE ROHNERT PARK MUNICIPAL CODE DESIGNATING THE DIRECTOR OF PUBLIC WORKS AS RESPONSIBLE FOR COMMUNITY FORESTRY AND ESTABLISHING PUBLIC TREE CARE POLICIES FOR PLANTING, MAINTENANCE AND RENDVALS City Manager Netter explained the tree ordinance which was introduced at the previous Council meeting. As instructed by Council at the time of introduction, a provision has been added to the ordinance which would include noticing property owners fronting along the proposed area of tree planting, removals or replacements. Mr. Netter said he received a call from P. G. & E. representative Sil Cincera, who advised that P. G. & E. is in agreement with the ordinance. He advised that this ordinance, if adopted, would become effective thirty (30) days after adoption. Discussion followed during which consideration was given by Council to include additional language to specify "except for normal maintenance" previous to "shall" in item A at bottom of page 2, and "to develop goal of tree stock diversity" within context of item 3 on page 3. Mr. Netter inclicated the diversity of tree stock is determined by the Director of Public Works and need not be specific in the ordinance. City Manager Netter confirmed that staff is in the process of hiring the new arborist who will have the needed expertise to make specific recommendations. City Engineer Brust said it is not the intent of the ordinance to specifically define all routine actions required in the normal maintenance or choice of trees. City Attorney Flitner confirmed that the above - mentioned comments with inclusion or omission of additional lanquage would not change the ordinance. Upon motion by Councilman Hopkins, seconded by Council- member Spiro, and unanimously approved, reading of Ordinance No. 537 was waived and said ordinance was adopted. Ordinance No. 538 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING CHAPTER 3.24 OF TITLE 3 OF THE ROHNERT PARK MUNICIPAL CODE (Transient Occupancy Tax) City Manager Netter explained the ordinance which was introduced at the previous Council meeting. This ordinance removes the 10% Transient Occupancy Tax (TOT) from state and federal government employees which would increase the City's TOT by approximately $10,000 to $15,000 annually. Adoption of Ordinance No. 535 is recommended. Upon motion by Councilman Hopkins, seconded by Council- member Spiro, and unanimously approved, reading of Ordinance No. 538 was waived and said ordinance was adopted. Rohnert Park City Council Minutes (6) May 14, 1991 Ordinance No. 539 AN ORDINANCE OF' THE CITY OF ROHNERT PARK ADDING CHAP'T'ER 9.92 TO TITLE 9 OF THE ROHNERT PARK MUNICIPAL CODE 9 (Retail Firearms Dealers) City Manager Netter explained the ordinance regarding issuance of a permit for retail firearms dealers which was introduced at the previous Council meeting. He said the new procedure is to be implemented county wide. Director of Public Safety Dennett reviewed the procedures and fee schedule as submitted by the City of Santa Rosa and recommends approval of the same program for the City of Rohnert Park. W. Netter reviewed the fee schedule as specified in the ordinance and said the Department of Public Safety currently has several pending applications and is awaiting approval of this ordinance prior to finalizing the permits. Adoption of Ordinance No. 539 is recommended and, if adopted, would become effective thirty (30) days after adoption. Discussion followed during which consideration was given to the inclusion of Brady Bill procedures within the context of this ordinance. City Attorney Flitner responded that it would be necessary to review the matter further since he was not sure whether state or federal laws pre -empt penal code matters. Council concluded that it would be less cumbersome to consider such an amendment at a later date and proceed with action on the ordinance as presented. Upon motion by Councilman Hopkins, seconded by Council- member Spiro, and unanimously approved, reading of Ordinance No. 539 was waived and said ordinance was adopted. Teens as Teachers Robin Watson, representative for Sonoma County Associates for Program Youth Development (SCAYD), expressed appreciation to Council for the invitation extended to her to give a presentation in cooperation with the Healthy Cities Project, a Smoke Free City. She referenced copies provided to Council of her recent letter regarding Teens As Teachers Program and gave a presentation on same which is a project of the American Non- smokers Rights Foundation in Berkely designed to teach children critical thinking skills which bolster self- esteem, encourage independent decision making, and addresses the inconsistencies between free choice and addiction from the use of tobacco products. She said since children respond to peers better than adults, the key to the success of the program is enlisting high school students to teach younger ones (4th through 8th graders) smoking prevention. Forty -two teens from Rancho Cotate High School participated in an all day training in March and the first presentation was recently given to 6th graders at La Fiesta School. The teens designed their own program and did an outstanding job presenting the material which resulted in an amazing response from the younger students. Ms. Watson said she is very excited about this program and hopes to incorporate it into SCAYD's prevention conponent next year. Rohnert Park City Council Minutes (7) Nby 14, 1991 Council agreed the Teens As Teachers Program sounds like a great program. Nbyor Eck expressed appreciation to Ms. Watson for the presentation. Petaluma Valley City Manager Netter referenced site plans on display and Hospital copies provided to Council of letter dated 1-by 1, 1991 from Charles E. Cowen, Administrator of Petaluma Valley Hospital, requesting Council's consideration of a lease arrangement for a portion of City land located at the City's hospital site on Medical Center Drive for a mobile unit medical van that would operate a Magnetic Resonance Imaging unit (generally known as WI) . He shared details within the letter describing WI services and introduced a representative from Petaluma Valley Hospital to respond to Council questions regarding this matter. Daymon Doss, Manager of Ancillary Services for Petaluma Valley Hospital responded to various Council questions regarding MCI procedures and services. He confirmed the need for a solid pad and the need to work with the City for the provision of appropriate utility power. He said the cost to the hospital is approximatly $40,000. There are currently eight to twelve patients daily utilizing the medical unit in Petaluma with some Rohnert Park patients coming to Petaluma and others going to Santa Rosa. W. Doss said in the beginning, the NRI service vx>uld be provided to Rohnert Park one day a week. Discussion followed. Councilman Reilly explained it would be necessary for him to abstain from the vote regarding this matter because of the in- volvement of certain relatives in a lawsuit with the hospital. A motion was made by Councilman Hopkins, seconded by Councilmember Spiro, directing staff to prepare a lease as requested by Petaluma Valley Hospital for Council's consideration with negotiations to include a permanent use for the necessary pad to be provided for the WI medical van, as well as retaining access to the property for such occasions as the upcoming Crane lvtalon Festival. Said motion was approved by the following vote: AYES: (3) Councilmembers Hopkins, Spiro and Mayor Eck NOES: (0) None ABSTAIN: (1) Councilman Reilly ABSENT: (1) Councilman. Hollingsworth Councilmember Spiro expressed appreciation for Petaluma Valley Hospital's efforts in providing the new mamnography unit to the City of Rohnert Park of which she visited recently. She said to let the ladies of Rohnert Park know that this service is now available. Rohnert Park City Council Minutes (8) May 14, 1991 World Police and City Attorney Flitner referenced discussion at the previous Fire Games Council meeting regarding request for financial assistance from Rohnert Park Peace Officers Association to help offset costs of air fare and hotel expenses for the World Police and Fire Games being held in Tennessee in June which concluded in Council direction for City Attorney to research the matter in relation to the Fair Political Practice Act because of the Association's involvement in supporting a City Council candidate. W. Flitner said copies were provided to Council of his memorandum dated May 10, 1991 in response to this matter and shared the contents therein advising that the City Council is not legally prohibited from making such a contribution even if the Association made campaign contributions to councilmembers. (Copy of memo is attached to the original set of these minutes.) W. Flitner said he thought the more appropriate question for Council to consider is whether or not the financial request serves a legitimate public purpose and if it is a worthy donation. Councilman Reilly said he was the councilmember involved in the Association's consideration for campaign contribution, of which he personally refused, and said donation was instead given to charities, so there was no actual contribution to his campaign. City Manager Netter reviewed a one time previous contribution in 1985 in the amount of approximately $1,000 to the Rohnert Park Police Officers Association which was paid directly to the Association and not as a sponsorship of the program. This protects the City against liability or Workers' Compensation claims in the case of injuries or damage to property during the event or travel to and from Tennessee. He said staff recommends this same precaution be taken if Council approves financial assistance to the Association. Discussion followed during which concerns were expressed regarding complexities and possible complications with Workers' Compensation insurance. Mayor Eck commented that he felt uncomfortable with the insurance and campaign funding, that the previous donation to the Association was a different circumstance, and that he would not want to contribute again after this year. A motion was made by Councilmember Spiro, seconded by Councilman Hopkins, and unanimously approved, to contribute $500 to Rohnert Park Police Officers Association as a general contribution (not specifically for the Police and Fire Games) to avoid any complications with Workers' Compensation or other insurance liability problem. Councilman Reilly Councilman Reilly left the Chambers at approximately 8:05 p.m. leaves Rohnert Park City Council Minutes (9) May 14, 1991 Abatement /Action of City Attorney Flitner said he was requested by Council at the Properties showing previous Council meeting to check into possible procedures for disrepair: handling properties in the community showing disrepair but not necessarily in a deteriorated condition enough to warrant 1) City Attny Report abatement proceedings. He said it would be necessary to defer his report to the next meeting due to concerns regarding whether or not such notices can be handled in groups. Thus far in his review of the guidelines, each property should be handled individually and, therefore, reconmended Council nave ahead with normal abatement procedures at this time. Discussion followed during which Council agreed to proceed as necessary in regard to property abatements. 2) 7608 Blair Ave. City Manager Netter referenced copies provided to Council of letter dated May 13, 1991 from Ingrid E. Hamilton, Realtor with Realty World- J.D.M. Real Estate requesting a two week extension regarding the abatement of 7608 Blair Avenue because of the number of people involved in the purchase of the property. The close of escrow will be approximately June 14, which is a two week extension from the original date of May 31. He said copies were also provided to Council of letter dated April 29, 1991 from Director of Public Works Brust explaining abatement notice and proceedings of the 7608 Blair Avenue property to John Milliken, Realtor representing Peter Francois, proposed buyer of the referenced property. Discussion followed during which City Manager Netter responded to Council inquiry that the debris box had been removed from the property and that the property is contained to prevent access but no additional work has been done. Council agreed to continue this item for further update and review at the next Council meeting. 3) 7711 Blair Avenue City Manager Netter shared contents of copies provided to Council of inter - office memo dated May 1, 1991 from Director of Public Works Brust regarding report on 7711 Blair Avenue which is another property showing disrepair. W. Netter said copies were also provided to Council of notice letter from Director of Public Works Brust to the owner to make the various repairs as listed. Director of Public Works Brust responded to Council questions and confirmed that he and the City's Building Inspector visited the property on May 1st with tenants' permission to enter and inspect same. He said the property is habitable and does not constitute a health hazard, but needs some repairs to bring it up to code. Rohnert Park City Council Minutes (10) May 14, 1991 4) 7512 Blair Ave. City Manager Netter said copies were provided to Council of petition dated April 26, 1991 received from the neighbors in and around the location of 7512 Blair Avenue requesting the City to take legal steps regarding the unsightly condition of this location as listed in said petition. He said Director of Public Works Brust and the City's Building Inspector also recently inspected this property. Director of Public Works Brust referenced copies provided to Council of his zemo dated M?y 14, 1991 regarding abatement of 7512 Blair Avenue as a result of the property inspection and shared the contents therein pointing out the conditions of disrepair. He said the building is uninhabitable and recommended Council authorize abatement proceedings. Mr. Brust also advised that Mr. Mike Mugridge of Burbank Properties of Santa Rosa, was present at tonight's meeting representing the owner of the referenced property, Mr. Carl M. Ruppenphal of Tomales, Calif., who recently obtained the property because the previous owner, Mr. Peter Kerston, let it go back to the lien holder. City Attorney Flitner responded to Council inquiry that it would be appropriate to hear from the property owner's representative at this time. Mike Kigridge of Burbank Properties, Santa Rosa, representing Carl M. Ruppenphal, Tomales, Calif., said he met with City Engineer Brust today to review conditions of the referenced property. He said the new owner intends to crake arrangements for the necessary repairs but has not had any previous notice regarding this situation. To protect the selling value of the property, he requested a two week extension of time be granted prior to posting abatement notices on the building in order for the new owner to prove his intentions and show action toward repairs. City Engineer Brust explained abatement procedures and said his intent regarding this property was for Council to allow him to proceed with posting the property which requires it to remain vacated while in the deteriorated condition. He said nothing would be recorded at the Recording Office for thirty days but does put owner on notice and gives the owner thirty days to obtain permits or protest to the City Council. Abatement procedures would not be pursued if action starts toward making necessary repairs on a building. Discussion followed during which Council agreed courtesy should be extended to the new owner of this property and that the matter should be continued to the next Council meeting. Councilman Reilly Councilman Reilly returned to the Chambers at approximately returns 8:21 p.m. Rohnert Park City Council Minutes (11) May 14, 1991 Parks and Recreation City Manager Netter referenced copies provided to Council of matters: Use Application from the Rohnert Park Model Power Boats Assoc. 1) Model Power Boats to use Roberts Lake on May 19th from 8:00 a.m. to 6:00 p.m. on Roberts Lake for a model boat event. The use of model hobby boats on the lake has been allowed periodically in the past, however such use interrupts fishing on the lake. The City has not developed policies regarding the use of the lake for hobby boats and has recently been receiving complaints of the power boats' noise from nearby homes, as well as from fishermen trying to fish at the same time. Director of Recreation Pekkain has indicated that Roberts Lake is the only lake that currently allows model power boats. If Council desires to establish policy to permit boats on Roberts Lake, staff recormends this matter be referred to Parks and Recreation Commission for review. This should be done by application with proper insurance, as well as designating specific times of use. Otherwise, the power boats should be restricted in order to protect the lake for residents desiring to fish. Discussion followed during which Council agreed to refer this matter to Parks and Recreation Commission for review and recommendations to Council regarding establishment of policy to permit model power boats on Roberts Lake. City Manager Netter confirmed that this item was presented to Council prior to review by Parks and Recreation Commission due to the time element of the request to use the lake next Sunday, May 19th. A motion was made by Councilman Hopkins, seconded by Councilmember Spiro, and unanimously approved, to permit the use of Roberts Lake to Rohnert Park Model Power Boat Assoc. for its event on Nay 19, 1991 with the indication that this will be a trial basis to find out if such an event is a good idea, and that the applicant obtains the required insurance. 2) Sports Center City Manager Netter referenced copies provided to Council of expansion request letter dated April 30, 1991 from William S. Snell, Esq. requesting Council's consideration in expanding the Sports Center to include additional racquetball courts and additional weight training space with attached petition of approximately 400 signatures in support of this expansion. Mr. Netter said this item was scheduled on tonight's agenda because of Mr. Snell's letter, but for Council's information, staff is looking into the possibility of an additional expansion and will be discussing those possibilities at a later date. He said the architect who previously did this facility has had occasion to work on some expansion designs at no cost to the City. Discussion followed during which Council confirmed previous acknowledgment of high priority for the swimming pool but consideration could be given to other expansion needs in combination with the pool. Comments were made by Council regarding the need to know priorities from Parks and Rohnert Park City Council Minutes (12) May 14, 1991 Recreation Commission for various considerations such as tennis complex, competitive swimming pool, as well as the concerns expressed tonight regarding Sports Center expansion. Council confirmed there is a need to start moving in some- direction, consideration could be given to see if there is some way of improving the availability of the existing racquetball courts, and acknowledgment was made that private racquetball courts are being developed in the comrunity. Coua? c i 1 concurred to refer this matter regarding expans i or. of the Sports Center to the Parks and Recreation Commission with direction to give attention to the Commission establishing a priority list of projects. 4655 Willis Avenue City Manager Netter referenced copies provided to Council of Application for letter dated May 1, 1991 from Tom Roberts regarding a formal water connection application for a water connection outside the city limits at 4655 Willis Avenue. W. Roberts is asking for water service for residential domestic use to replace the current service from an existing private well on that site because of a proposed new Unocal Service Station being built on the east side of Willis Avenue (abandoned). W. Netter said staff was not successful in attempts to reach W. Roberts by phone to notify him of this item on tonight's agenda and, therefore, was not present at the meeting. Following discussion with City Engineer Brust, Imo. Netter said staff recommends not providing this water servicer as it has been the City's policy not to provide outside water connections to such parcels that are not within the city limits. Staff has received many requests for outside water connections over the years, of which all have been turned down. Also, because of the latest technology Unocal Service Station will be using in its construction, staff feels that it poses no hazard to the ground water that would affect W. Roberts existing well. City Engineer Brust responded to Council questions and confirmed that he saw no problem with ground water as a result of the construction of the proposed service station. City Manager Netter recommended deferral of this item to next Council meeting, since Mr. Roberts was not present at tonight's meeting. Council concurred. Planning & Zoning: Planning Director Skanchy referenced plans on display File No. 1443 regarding File No. 1443 - Park Plaza Shopping Center /Garrison Pacific Properties remodeling and landscape plans and said Council had asked for this item to be recalled in order to evaluate current landscape plan at the Safeway shopping center. He said the plans were originally approved by Council last year, the remodeling required the removal of some eucalyptus trees because of the requirement of a sidewalk along the front. The plans require a planting strip and replacement of those trees along the street. Rohnert Park City Council Minutes (13) May 14, 1991 Councilmember Spiro queried if it was necessary for her to abstain on any Council action regarding this matter since she owned a business in the shopping center. City Attorney Flitner said she did not have to abstain unless she had financial interests connected with the project, to which she responded that she did not. Discussion followed during which Planning Director Skanchy responded to various questions from Council regarding the types and sizes of replacement trees planned for the shopping center. Comments were made regarding previous recommendations to include a City sign on the corner of Expressway /Commerce Blvd. with marquee to advertise the Performing Arts Center. Concerns were also expressed regarding safety and that the gazebo could be an attractive nuisance. A motion was made by Councilman Reilly, seconded by Councilmember Spiro, and unanimously approved, to emphasize the requirement of 24" box trees in front of the Safeway shopping center and that staff wi l l attempt to work with the property owner to secure a marquee sign on the corner. Interim Housing City Manager Netter said with the absence of Councilman Task Force Apptmt. Hollingsworth to make an appointment to the Interim Housing Task Force, this item would be deferred to the next Council meting. Council Committee City Manager Netter said copies were provided to Council of reports: Press Democrat article dated April 25, 1991 regarding recycling /dump proposal of Sonoma Waste Systems, a subsidiary 1)Garbage Camnittee of Waste Management Inc. and letter dated April 18, 1991 from Waste Management of California, Inc. regarding same. Councilman Hopkins and Mayor Eck reported results of Garbage Subcommittee meeting held on Tuesday, May 7th at which representatives from Waste Management of California and Empire Waste Management provided a work session regarding a materials'. recovery facility that is proposed at a site at the corner of Stony Point Road and Wilfred Avenue. Plans were also presented for providing a new dung site at a site owned by Waste Management of California located in the easterly Petaluma area near the intersection of Lakeville Highway and Highway 116 (the Blackpoint area). The Materials Recovery Facility (NRF) presentation was a "state of the art" program. Mayor Eck said Council might want to give consideration to adjourning the meting to have a work session for the full Council at Empire Waste Management, Standish Avenue site, to discuss this program in more depth and to view Empire Waste Management's garbage operation which includes its recycling and recovery facility. Rohnert Park City Council Minutes (14) May 14, 1991 Council concurred to adjourn tonight's meeting to a lunch meeting and work session on Friday, May 24th, at Empire Waste Management, Standish Avenue site. 2) Performing Arts Mayor Eck referenced copies provided to Council of report Center Conndttee dated May 14, 1991 from Performing Arts Center Council Committee Members Eck and Spiro and shared the contents therein reviewing the budget and Committee recommendations. He complimented staff on the clarity of the financial report and budget breakdown as presented to the Committee for review and recommended following suit for all other City departments in preparation of the upcoming budget reviews for next year. Council agreed. Councilmember Spiro said the Center has come through the first year with the usual efforts of any first year venture. A full season is anticipated next year and everyone should tell their friends to get the ward out because the City has a wonderful facility to be enjoyed by everyone. City Manager Netter indicated there have been several meetings and much time involved in the Performing Arts Center review and in the creation of the new itemized accounting system. As with any new venture, nothing happens overnight. The budget has been tight this year but this is a good facility and it will succeed. He said that a new accounting structure is being implemented with profit center making sound decisions throughout the development of this operation. Emphasis is currently being placed on sales and marketing and the endowment fund drive to increase the revenues of the operation. Completed numbers for the Center's first year of operation should be finalized shortly for Council's review. We should all look forward to the upcoming season. Proposed Card Room City Attorney Flitner referenced copies provided to Council of Ordinance his memorandum dated April 23, 1991 regarding a proposed card room ordinance. This item was discussed several meetings ago when a resident requested Council to consider his application for a card room permit and at which time Council directed the matter to the Planning Commission for recommendation to Council. In researching the legalities of allowing this type of operation within a city, City Attorney said he discovered that the Business and Professions Code Section 19800 prohibits card rooms or gaming clubs in a municipality unless the majority of electors voting thereon affirmatively approve a measure permitting legal gambling with that city. Therefore, if Council desires to allow for a gaming club or card room operation, it would be necessary for a City ballot measure to be added to the next general election asking the elec- torate to approve or disapprove card rooms with the City of Rohnert Park. Rohnert Park City Council Minutes (15) Nby 14, 1991 City Manager Netter advised that the next general election is scheduled for November of 1992 and that a copy of City Attorney Flitner's findings regarding this matter has been mailed to the above - referenced applicant. Discussion followed during which the procedure for the distribution of costs for ballot measures were reviewed with acknowledgment that such costs are minimal during a regular election as compared to a City's total responsibility to pay for a special ballot measure. It was confirmed that the City cannot mandate a proponent to pay for such costs. Mayor Eck said there should be no special election for the proposed card room ordinance matter because of the prohibitive cost, but a public hearing regarding this matter should be scheduled for the Council meeting of June 25, 1991 to receive public input regarding interest to put this item on the ballot for the general election in June of 1992. Council concurred. Transportation bhtters:City Manager Netter referenced copies provided to Council of memo dated Nay 9, 1991 from Director of Public Works Brust 1) Sonoma County regarding Sonoma County Transportation Authority (SCTA) Transportation meeting of May 5, 1991 approving expenditures as listed and Authority establishing cost - sharing formula percentages from 2105 funds. Director of Public Works Brust shared contents of above - referenced memo which included approved expenditures for the Congestion Management Program EIR, 1991 -92 Congestion Management Program Update, Transportation Authority staffing, and Highway 101 Corridor Action Committee staffing for fiscal year 1990 -91. The items as listed equal a total amount of approximately $401,000 with Rohnert Park's share equaling $24,662. Mr. Brust said SCTA also approved the Executive Committee's recommendation on the SCTA's responsibilities and priorities of which a copy was provided to Council. Staff recommends that the City of Rohonert Park's 1.991 -92 budget include $50,000 for Rohnert Park's share of funding for the SCTA which would cover the Authority's approved expenditures for 1990 -91 and the upcoming 1991 -92 budget years. Discussion followed during which concerns were expressed regarding the development of the sales tax plan and whether or not this is a good time for doing this to which M'. Brust responded that his recommendation is just for this fiscal year and does not take funding beyond June of this year. Mr. Brust concluded his report with reference to the Authority's request for Council response by June 3, 1991 on the attached data form entitled "Survey of Status Regarding Authority Member Position on Authority Projects and Funding ". He said Council Committee should meet with staff to review this matter and report recommendations back to the full Council at the next Council meeting on Nay 28th. Rohnert Park City Council Minutes (16) May 14, 1991. 2) Sonoma County City Manager Netter said copies were provided to Council of Congestion M3mt. letter dated May 7, 1991 from Sonoma County Department of Program Public Works regarding Notice of Preparation of Draft Environmental Impact Report for Sonoma County Congestion Management Program. City Engineer Brust shared contents of above- referenced letter and said Council comments are solicited and mast be returned to the County by June 8th, 1991. He said it is possible that State law will eliminate the EIR but it is necessary to move ahead with it at this point in order to be prepared. Work can be stopped on the EIR at any time, if it should be eliminated by State law, and .could only be out the money to that date. 3) KrC Draft 1991 City Manager Netter said for Council's information copies were Regional Transpor- provided to Council of invitation to attend a comrunity forum tation Plan (RTP) on the Metropolitan Transportation Commission's Draft 1991 Regional Transportation Plan (RTP) to be held in the Supervisors Chambers, 575 Administration Drive, Santa Rosa, on Wednesday, May 22nd at 7:00 p.m. So.Co.Supervisorial City Manager Netter referenced copies provided to Council of Redistricting notice received and letter dated May 6, 1991 from Sonoma Advisory Committee County Supervisorial Redistricting Advisory Committee regarding a public meeting to be held on May 15, 1991 at 7:00 p.m. in the Sonoma County Board of Supervisors' Chambers and shared contents therein in which the Committee is now soliciting public input regarding any specific problem areas that should be addressed as part of the redistricting process and other concerns as listed. Mr. Netter brought Council's attention to Appendix C of the referenced letter regarding Sonoma County Population By Supervisorial District and said as previously discussed by Council, the goal is for Rohnert Park to be in one Supervisorial District or, as an alternative, Rohnert Park should be the largest City of any one Supervisor's District. He asked if Council desired a recommendation be drafted or if a Councilmember wanted to attend the iby 15th meeting to voice Rohnert Park's position regarding this matter. Discussion followed during which City Manager Netter recommended forwarding a copy of recent letter from the Mayor to the Supervisorial Redistricting Advisory Committee regarding this matter and request that it be made part of the public record. Council concurred. Cxnnulications Comnmications per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. Rohnert Park City Council Minutes (17) May 14, 1991 City Manager's Report:City Manager Netter said he has been Meting with Department Heads on the upcoming 1991 -92 proposed budget and projected 1) 1991 -92 Meet that it would be available for distribution to the Council at its meeting of May 28th or June 11th afterwhich staff recommends setting up Council work sessions to review same. 2) Youth & Family City Manager Netter said the item regarding a grand opening Center Opening for the Youth and Family Center would be deferred until a report is received from the COYF Subcommittee. 3) Fire Truck Donation -City Manager Netter referenced copies provided to Council of memo dated May 8, 1991 from Director of Public Safety regarding Fire Apparatus 142 and letter dated April 29, 1991 from Santa Rosa Junior College Training Center regarding confirmation of intent to accept donation of same and shared contents therein. A motion was made by Councilman Hopkins, seconded by Councilmember Spiro, and unanimously approved, to approve the donation of Fire Apparatus No. 142 to Santa Rosa Junior College Training Center as recommended by staff. 4) Cable TV Committee -City Manager Netter requested Cable TV Council Committee Meeting Members Eck and Hopkins to advise staff of a time and date to set a Committee meeting regarding various cable TV matters. Comnittee Members agreed to next Tuesday, May 21st at 3:30p.m. 5) Calif.Integrated City Manager Netter referenced copies provided to Council of Waste Management letter dated May 2, 1991 from California Integrated Waste Management Board regarding grant award for 1990 -91. The City of Rohnert Park submitted the grant requesting $11,765 of which $4,634 was awarded for reimbursement of the City's cost of its 1990 Household Hazardous Waste Cleanup Day. This grant application will be submitted for 1991 to offset some of the costs of Rohnert Park's 1991 program. 6) Tanker Fire on City Manager Netter said pursuant to request of several U.S.Highway 101 Councilmembers, copies were provided to Council of staff report dated May 9th, 1991 from Director of Public Safety Dennett sumrarizing an all - agencies' critique that was held on May 9th regarding the most recent tanker fire accident which occurred on U. S. Highway 101 on April 25th, 1991. A chronological list of actions taken was attached to Chief Dennett's above - referenced memo. Also, if any Council- member is interested, a video tape of this critique is available in the City Manager's office for viewing upon request. W. Netter said he has received nothing but praise from the people he has talked to regarding this incident. Discussion followed during which Council expressed appreciation for the efforts of the Department of Public Safety to which Mayor Eck acknowledged that a letter of congratulations to said department had been sent over his Rohnert Park City Council Minutes (18) May 14, 1991 signature, compliments were extended to those who brought food to the Burton Avenue Recreation Center, and City Manager Netter said thank you letters were sent to Domino's Pizza and the Water Bagel Company for providing food for this emergency occasion. 7)Rancho Verde City Manager Netter gave an update on the Rancho Verde Mobile bbbile Home Park Home Park petition for rent increase and results of the petition for petition hearings held on April 25th, May 2nd and May 7th. He rent incr�ease said the hearings rent- increase the hearing officer is in the process of drafting the opinion of which he has fifteen working days to render, afterwhich City Attorney will review to ensure compliance with ordinance. When final, the decision will be mailed to both parties. The appealing body for the tenants is the INbbile Home Rent Appeals Board. 8) SW B1vd.Shopping City Manager Netter referenced preliminary drawing on display Center for the Southwest Blvd. Shopping Center and reviewed plans. He said staff has not been successful in coordinating a joint program with property owners. Staff recommends that Council authorize $1,900 from the ConTnmity Developnont Agency for plans to be drawn up by Landscape Architect Jonathan Herr, afterwhich staff would recommend Council's authorization of calling for bids to determine costs to improve the sidewalks and landscaping strips around the perimeter of the east, southeast and northeast corners of the Shopping Center. Mr. Netter confirmed that the owners of Crown Market are still working with the post office in an attempt to site the Post Office at that location. Discussion followed during which concerns were expressed regarding fairness to the property owners on the west side of the Shopping Center in respect to providing their own landscaping to which response was given that negotiations could be done with plans in hand and the only expense at this point would be $1,900 for the plans. A motion was made by Councilman Hopkins, seconded by Councilmember Spiro, and unanimously approved, to proceed with landscaping plans to be drawn up by Architect Jonathan Herr for the Southwest Blvd. Shopping Center G Park /tennis court City Manager Netter referenced plans on display for proposed G Park additional tennis court where the former practice well was removed because of excessive noise. Staff recentlly measured the space and determined it would accommodate a single tennis court. Copies were provided to Council of a preliminary estimate which concludes that an additional court could be installed for approximately $6,500. Staff recommends Council's authorization to proceed with an approximate expenditure of $6,500 to install one addi- tional tennis court at this location. Rohnert Park City Council Minutes (19) May 14, 1991 Discussion followed during which Council queried about possibilities of the referenced location for a picnic area to which City Engineer Brust pointed out another area in the park for proposed landscaping that could be used for a picnic area. A motion was made by Councilman Hopkins, seconded by Councilmember Spiro, and unanimously approved, to install one additional tennis court at the referenced G Park location as recommended by staff. 10) Rancho Cotate City Manager Netter referenced copies provided to Council High School dated May 7, 1991 from Recycle America regarding a recycling Recycling program at Rancho Cotate High School in conjunction with the school's Environmental Club. The school currently has an informal ongoing program and Recycle America, which is a subsidiary of Empire Waste Management, recommends that a more formal proqram be institued in the fall of 1991. Empire Waste Management is interested in working with the high school to increase its recycling efforts. 11) Flag Dedication City Manager Netter said the flag dedication for the Senior at Senior Center Center would be held at 3:00 p.m. on May 16, 1991. City Attorney's Report:City Attorney Flitner said he had nothing further to report at this time. Matters from Council: Mayor Eck referenced copies provided to Council of letter dated May 1, 1991 from Association of Bay Area Governments 1) ABAG appointments (ABAG) and reminded Council that appointments for repre- sentative and alternate to ABAG's Executive Board will be made at its meeting on June 13, 1991. He said Petaluma Mayor Patti Hilligoss is currently serving as representative and confirmed Council comments that she has been very active in the appointment which, if reappointed, would require very little participation from an alternate. Mayor Eck indicated Santa Rosa Councilman Dave Berto and Healdsburg Councilman Ben Collins were both interested in the alternate postition. No Rohnert Park Councilmember indicated interest in either appointment. 2) Golf Course City Manager Netter said in the absence of Councilman Committee meeting Hollingsworth, he would contact both Golf Course Committee Members Hollingsworth and Hopkins later to set up a meeting. 3) Oil Recycling Mayor Eck expressed concern regarding oil recycling and said some kind of requirement should be established whereby there would be a link between sales and recycling. He said some communities have said that if an establishment is going to sell oil, it must also provide a way to discard it. Rohnert Park City Council Minutes (20) May 14, 1991 A motion was made by Councilmember Spiro, seconded by Nhyor Eck, and unanimously approved, directing staff to review the matter regarding oil recycling to find out what the City can and cannot do regarding oil discard requirements and provisions. 4) Nmmorial Day City Manager Netter reminded Council of invitation from Cereicany American Legion Post No. 338 to attend Memorial Day Ceremony at the Community Center at 10:30 a.m, on May 27, 1991. 5) Mayors'& Council- Mayor Eck said the League of California Cities Mayors' and m ers'Exeo -hive Councilmembers' Executive Legislation Conference will be held Legislative Conf. at the Hyatt Regency in Sacramento on June 10 & 11, 1991. He responded to Vice Mayor Spiro's interest in attending the conference that he would formalize his plans and advise her later regarding possible attendance. 6) Sister Cities Councilmember Spiro referenced communications with Sister Committee items Cities Committee regarding the need to establish 501 -C -3 status to enable fund raising. Council concurred support. Councilmember Spiro asked if insurance for Sister Cities use of Community Center was for a cumulative number or at one time and whether or not occasions are covered under the City's umbrella. City Manager Netter responded that the number represents how many attendees at one time and that Sister Cities special events are not covered under the City's umbrella, but use of City facilities for regular meetings are covered under the City's umbrella. Councilmember Spiro said the last item requested by the Sister Cities Committee was in regard to finding out how Council felt about having another sister city since there is interest of involvement from the U.S.S.R. Council confirmed strong support as has been previously signified at various Council meetings that the Sister Cities Program should be encouraged to involve as many other cities as possible. 7) Student Honored Councilman Reilly referenced recent Press Democrat article honoring High School student Bethany Marie Keating and recommended sending a letter of congratulations over the Mayor's signature. Council agreed. 8) Food Distribution Mayor Eck said phone numbers of surplus food distributing agencies should be posted at City facilities that have food on various occasions in order for surplus food to be distributed to the needy. Council agreed and suggestion was made to also check on the possibility of local surplus food distribution such as through churches. Rohnert Park City Council Minutes (21) May 14, 1991 Lnscheduled Public Mayor Eck asked if anyone in the audience wished to make an Appearances appearance at this time. Di.mitrios Zahariudaris- Dimitrios Zahariudaris, 6050 Commerce Blvd., asked if Council could approve a variance from the City's sign ordinance to allow an "A" frame sign in front of his business. Mayor Eck explained that State law does not allow Council to grant a variance. He said the only action Council could take would be to request the Planning Commission to review the matter which could result in the possibility of a recommendation to change the ordinance. Such a process would take approximately three months. Discussion followed during which Councilman Hopkins said he was not necessarily opposed to "A" frame signs if handled tastefully and correctly. He confirmed agreement with Mayor Eck's explanation and said he was not opposed to changing the sign. ordinance or recommending referral to Planning Commission for review and recommendation. ROCESS Mayor Eck declared a recess at approximately 9:51 p.m. RED Mayor Eck reconvened the Council meeting at approxi- mately 9:54 p.m. with all Councilmembers present except Councilman Hollingsworth. Mayor Eck asked if there were any further unscheduled public appearances before adjourning this Council meeting and proceeding with the scheduled Community Development Agency meting. No one responded. Adjournment Mayor Eck adjourned the meeting at approximately 9:55 p.m. to a lunch. meting work session on Friday, May 24th, at Empire Waste Management, Standish Avenue site. De Cit C erk I�yor -- -------- ---- - ------------- - -_-DEAR,-...COUNCIL MEMBERS & CITIZENS OF ROHNERT PARK, IN THE WAKE OF THE APRIL 25th GAS TANKER ACCIDENT/DISASTER-TO RESIDENCE OF ROHNERT PARK'S "A" SECTION, I WISH TO BRING TO THE COUNCILS ATTENTION - -- -THE NEED FOR A SOUND/NOISE --WALL-----THE.-.-PLAC-EMEN-T---Q-F-..,THZ.--BARRI-ER--5ETWEEN HIGHWAY 101'S NORTHERN LANES ROAD- COMMERCE BOULEVARD, TO EXTEND FROM THE SOUTHWEST --B-OULEVARD—I.NTER,S-KC.Ti.QN-,----NORTH -- TO --- AVRA-M-1- DRIVE. BEING A RESIDENT OF THE "A" SECTION, I REPRESENT THE MOST HEAVILY POPULATED RESIDENTIAL AREA. OF ROHNERT PARK AFFECTED BY THE TRAFFIC FROM .---.----.--..—ACC.OR.DI-NG-.-T-Q---,MR---,RQLAND--.BRUST,,---CITY ENGINEER. THE SECTION OF FREEWAY - --------- .-THAT-WAS -DAMAGE-D---.I.N..-.-THE..-APRIL-2-5, 1991 GAS TANKER ACCIDENT,_--. IS NOT DUE ...._...F O.R--IML:).ROVEMENTS./-EXPANS.I.ON--TIL,L -PROBABL.Y.-TH.E.-Y-EAR - 2000 ING -..THIS---PROPOSAL -TO.. -THE. CITY - COUNC.IL OF..ROHNERT PARK.- THANK- YOU­ .-FOR -ALLOWING ME TO- ADDRESS YOU THIS EVENING, SINCERELY,....- ----..MICHELE -..M.-...EADS ----- -- 56 ADELE AVENUE ROHNERT PARK, CA 94928 (707) 795-2492/ work 576-4253 0 MEMORANDUM DATE: May 10, 1991 TO: City Council- RE: Rohnert Park Peace Officers Association Request for Financial Assistance and the Fair Political Practices Act s�q/ ! e The City Council has asked me whether the Rohnert Park Police Officers Association can request funds from the City for the purpose of defraying the trip of some of its members to an event back east, the purpose of which is not entirely clear to me. Answer The City Council is not legally prohibited from making a contribution to the Rohnert Park Peace Officers Association even though the Association has made campaign contributions to some of the councilpersons. Discussion Government Code § 82015 attached hereto as EXHIBIT "A" defines "contributions." Government Code §§ 85100- 85701, inclusive, a combination of propositions 68 and 73, relate to limitations on contributions, but do not address the issue presented here. Government Code §§ 87100 -87313 deal with conflict of interest and conflict of interest codes. Generally speaking, a public official is precluded from making or participating in the making of any decision in which he or she has a financial interest. The facts are that the Rohnert Park Police Officers Association is seeking a $1,000 to $2,000 donation from the City of Rohnert Park to defray the cost of the transportation, lodging and related expenses to a group of 5 or 6 of its members who propose to attend a function on the east coast. In the past election campaign it is my understanding that the Rohnert Park Police Officer Association made campaign contributions to some of the candidates running for election. some of the candidates to whom donations were made were elected. If the City council determines to make a contribution to the group, this is not a conflict or violation of the law. The reason is that this is not a decision in which the official has a "financial interest" nor is it a gift, the giving of which would constitute a conflict. Government Code § §871001 87103 and 82028(b) (4) . This was confirmed by Mark Morodomi, Esquire, who answered the question at the California Fair Political Practices office through a telephone "hotline." The response is not a formal opinion but I believe that it is good law and a valid opinion. The other inquiry that the City Council should make is whether the purpose of the trip by Association members serves a legitimate public purpose. With regard to contributions and donations, the term "public purpose" is probably literally construed however, most contributions are made to further a i worthy cause, to assist a — inning tea-M in P St s8&scn tournaments, to defray the cost of sending a band or musical group representing the city, etc. If the Council wishes to take other protective steps it could refuse to donate to any group or individual that made a contribution to any councilperson's campaign, however, it could allow donations or contributions to be made to groups or individuals sponsored by the organization. In this example, if the above policy were utilized, the Rohnert Park Police Officer's 2 TO : C I TY HALL - R. P. MAY=10 - 191 FRI 12:09 ID:MONROE FLITNER ET AL TEL N0 :707 528 -6406 #1 j PO4 -" Association would not be eligible to receive a donation directly from the City because it had contributed to individual councilperson's campaigns. However, if it solicited funds for a group it was sponsoring, such as the Girl Scouts, and the funds were used solely and exclusively for the Girl scouts, in my opinion there would be no conflict. The Council could also consider limiting donations to groups that are organized solely for charitable purposes= It could limit the donations to charitable and non - profit organizations. The bottom line, however, is that the law does not require the Council to go to that extreme. if it'proposNs to contribute directly to the Rohnert Park police officer's Association, I believe it can legally do so. The visdom of such a policy is a matter of political determination. �tespectfully submitted, John D. 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'sauv!p!sgns paumo dllogm sit pus uon - wodioa )uawd a Xq apew an suotlnquiuoo uagM (9L61 'L 'idas 'SOZ-5L 'ot) 061 oddd Z daulo)lV '•D svwogl 'uopswn7 •IvoB uoui -woo a jo luawgs!ldwoaov aq) pvmo) palnquluoa aq II!m spunl leuoslad pus alvjodioa 1eg1 'patld -wt ao passaJdxa 'Bulpus)sjapun len)nw jo ivaw aa8v uv st magi ssalun aa1)!wwoo jouop iofvw v aiv lanp!ntpu! aq1 puv uopujodioa aq) jagiagm Sututuua)ap jo asodind agl iql suo!lnqu)uoo a)vl -nwna lou poau uo lelodioa aql jo :gaols aqi sumo galgm uotivpuno3 v ut aa)snil v puv )uap!said uoil - siodloa aqi gloq it oqm Isnp!n!pu! uv pus uo!1vj -odi00 v •ajow Jo 00015S 1¢101 suoPnquluoo pau!q :.' -woo itagl }! aa)1!wwo3 iouop iofvw a su slum - olttns u8tvdwvo aiy )anus dlusu!pio uotiviodaoa aq) pus lanp!n!pu! aq) 'dl8u!pJoaaV 9insww e ,10 lva}ap jo a8vssed aqi jo a)ep!Pueo v jo uop)aala Jo uo!)euiwou agl )su!889 Jo Job sialo^ aq) aaua -nl;u! of 8wldwalls s! gotgm .suosiW 3o uopvu!q -woa,, 6 av dagl )eq) paiunssa s! )! •(a)f 1028 UO9 --S u! poquasap addl aq) ;o suop cIpwoo a:1vw aaplogwvgs d)uofvw aqi it Ivnp!etpu! aqi ga!gm ut uotiviodioa plaq dlasolo a puv Ivnptn!pu! us wqM '9L6I It 'qad %-MlL 'ON) 8f oddd Z ousard V-110 .f)unoa ­I .H pgsvN •ajnmtu )ollaq v jo sap!s q)oq uo slu2wn83v Supuasaid jo osodind aqi jq; )algdwed ,sialoA v u! aovds Butsvgaind ,lo anii!n dg aall!wwoo v auux»q )ou P1nom iojnstp aq.L - aati!wwoo v awoaaq )ou p1nom sivawarns uo!) - eoyyvnb a)ep!puva ;o lsw aql .io} ,tad aqi srayo jo sdvd ga!gm louis!p v ;o pivoq Su!wano8 agx• 15L61 'Z dlnf '690-5L 'ON) 69 Oddd 1 '03 HO uomn .H ugof 'autisnOnV •suoda u8ladwva 8u!uS!s puv Sutd}ua^ ioj pawau aq dew uosiad alq!suodsai duV .-rains eall., apt) aq) sploq sasodind aiviodioa ioj oqm uosiad awas aqi ag aail!wwoa v sv sayllvnb isgl uot)viodioa v jo ..iamtseaii aautwwoo.. paivu8!sap uosiad aqi )vg) )wwa !nbaj ou it aiaq) 'aeamoH •jalama v anvq of pannbw it aou!wwoo V SAIOISIOHQ Dddd WHOdau 'IvOI.LI'IOd £fors § § 82013 POLITICAL REFORM y DEFINITIONS § 82015 FPPC DECISIONS A committee is required to have a treasurer. However, there is no requirement that the person designated "committee treasurer" of a corporation that qualifies as a committee be the same person who for corporate purposes holds the title "trea- surer." Any responsible person may be named for verifying and signing campaign reports. Augustine, John H., Union Oil Co. I FPPC 69 (No. 75 -064, July 2, 1975). The governing board of a district which pays or offers the pay for the cost of candidate qualifica- tion statements would not become a committee. The district would not become a committee by virtue of purchasing space in a voters' pamphlet for the purpose of presenting arguments on both sides of a ballot measure. Mosini, H. L., County Clerk, Fresno 2 FPPC 38 (No. 75- 171 -11, Feb. 4, 1976. When an individual and a closely held corporation in which the individual is the majority shareholder make contributions of the type described in Sec- tion 82013(c), it is assumed that they are a "com- bination of persons" which is attempting to influ- ence the voters for or against the nomination, or election of a candidate or the passage or defeat of a measure. Accordingly, the individual and the corporation ordinarily must file campaign state- ments as a major donor committee if their corn- "p bined contributions total $5,000 or more. A corpo- M ration and an individual who is both the corpora tion president and a trustee in a foundation which'?, owns the stock of the corporation need not cumu- late contributions for the purpose of determining 'ill whether the corporation and the individual are a` major donor committee unless there is an agree - ;? ment or mutual understanding, expressed or im -;1 plied, that corporate and personal funds will be'y I' contributed toward the accomplishment of a com- mon goal. Lumsdon, Thomas G. Attorney 2 FPPC 140 (No. 75 -205, Sept. 7, 1976). When contributions are made by a parent corpora '! tion and its wholly owned subsidiaries, it is as sunned that they are a "combination of persons." Accordingly, a parent corporation and its subsid -` iaries ordinarily must file campaign statements a l a major donor committee if their combined contri-„ butions total $5,000 or more in a calendar year. A., contrary conclusion can be reached only when it is clear from the surrounding circumstances that the parent corporation and its subsidiaries acted com- ;Y pletely independently of each other. it the parent corporation made no contributions, the conclusion would be the same. Kahn, Harry H., American Building Maintenance Industries 2 FPPC 151 (No..: 75 -185, Nov. 3, 1976). § 82014. "Conflict of Interest Code" "Conflict of Interest Code" means a set of rules and regulations adopted by an agency pursuant to Chapter 7 of this title. Added by initiative measure adopted June 4, 1974, operative January 7, 1975. § 82015. "Contribution" "Contribution" means a payment, a forgiveness of a loan, a payment'' of a loan by a third party, or an enforceable promise to make a . payment except to the extent that full and adequate consideration is ; <E: received unless it is clear from the surrounding circumstances that it is not made for political purposes. An expenditure made at the behest of a candidate, committee or elected officer is a contribution to the candidate, committee or elected officer unless full and adequate consideration is received for making the expenditure. The term "contribution" includes the purchase of tickets for events such as dinners, luncheons, rallies and similar fundraising events; the candidate's own money or property used on behalf of his or her `' candidacy; the granting of discounts or rebates not extended to the public generally or the granting of discounts or rebates by television and -radio stations and newspapers not extended on an equal basis to all candidates for the same office; the payment of compensation by 140 any person for the personal services or expenses of any other person if such services are rendered or expenses incurred on behalf of a candidate or committee without payment of full and adequate consid- eration. The term "contribution" further includes any transfer of anything of value received by a committee from another committee, unless full and adequate consideration is received. The term "contribution" does not include amounts received pursuant to an enforceable promise to the extent such amounts have been previously reported as a contribution. However, the fact that such amounts have been received shall be indicated in the appropriate campaign statement. The term "contribution" does not include a payment made by an occupant of a home or office for costs related to any meeting or fundraising event held in the occupant's home or office if the costs for the meeting or fundraising event are five hundred dollars ($500) or less. Notwithstanding the foregoing definition of "contribution," the term does not include volunteer personal services or payments made by any individual for his or her own travel expenses if such payments are made voluntarily without any understanding or agreement that they shall be, directly or indirectly, repaid to him or her. Added by initiative measure adopted June 4, 1974, operative January 7, 1975. Amended Stats 1980 ch 289 § 1.4. Amendments: 1980 Amendment: Added (1) "or her" after "behalf of his" in the second paragraph and after "for his" and "to him" in the sixth paragraph; (2) ", unless full and adequate consideration is received" at the end of the third paragraph; and (3) the fifth paragraph. Cross References: Loan as contribution for purpose of contents of campaign statements: § 84216. Collateral References: Cal Jur 3d (Rev) Elections § 104. Pertinent administrative rules and regulations: 2 Cal Code Reg §§ 18215, 18423. Law Review Articles: Review of Selected 1980 Legislation. 12 Pacific LJ 425. Annotations: Power of corporation to make political contribution or expenditure under state law. 79 ALR3d 491. FPPC DECISIONS A public official has no reporting obligations by the specified purpose of making a speech. Cory, virtue of attending a political fund raising dinner Kenneth, Sfate Controller 1 FPPC 137 (No. 75- at the invitation of the sponsors without purchas- 094 -C, Oct. 1, 1975). ing a ticket. This conclusion is not altered by the A newspaper editorial is neither a contribution nor fact that the public official attends the dinner for 141 § 82013 POLITICAL REFORM +y DEFINITIONS § 82015 FPPC DECISIONS A committee is required to have a treasurer. However, there is no requirement that the person designated "committee treasurer' of a corporation that qualifies as a committee be the same person who for corporate purposes holds the title "trea- surer." Any responsible person may be named for verifying and signing campaign reports. Augustine, John H., Union Oil Co. 1 FPPC 69 (No. 75 -064, July 2, 1975). The governing board of a district which pays or offers the pay for the cost of candidate qualifica- tion statements would not become a committee. The district would not become a committee by virtue of purchasing space in a voters' pamphlet for the purpose of presenting arguments on both sides of a ballot measure. Masini, H. L., County Clerk, Fran 2 FPPC 38 (No. 75- 171 -B, Feb. 4, 1976. When an individual and a closely held corporation in which the individual is the majority shareholder make contributions of the type described in Sec- tion 82013(c), it is assumed that they are a "com- bination of persons" which is attempting to influ- ence.the voters for or against the nomination or election of a candidate or the passage or defeat of a measure. Accordingly, the individual and the corporation ordinarily must file campaign state- ments as a major donor committee if their com -';p bined contributions total 55,000 or more. A corpo- ration and an individual who is both the corpora -;' tion president and a trustee in a foundation which owns the stock of the corporation need not cumu- late contributions for the purpose of determining`' whether the corporation and the individual are a;? major donor committee unless there is an agree -(j ment or mutual understanding, expressed or im -1+ plied, that corporate and personal funds will be ' contributed toward the accomplishment of a com mon goal. Lumsdon, Thomas G., Attorney 2 FPPC 140 (No. 75 -205, Sept. 7, 1976). When contributions are made by a parent corpora tion and its wholly owned subsidiaries, it is as- sumed that they are a "combination of persons." Accordingly, a parent corporation and its subsid -'. iaries ordinarily must file campaign statements as r a major donor committee if their combined contri butions total $5,000 or more in a calendar year. A contrary conclusion can be reached only when it is clear from the surrounding circumstances that the parent corporation and its subsidiaries acted com pletely independently of each other. If the parent` corporation made no contributions, the conclusion would be the same. Kahn, Harry H., American Building Maintenance Industries 2 FPPC 151 (No..' 75 -185, Nov. 3, 1976). § 82014. "Conflict of Interest Code" "Conflict of Interest Code" means a set of rules and regulations adopted by an agency pursuant to Chapter 7 of this title. Added by initiative measure adopted June 4, 1974, operative January 7, 1975. § 82015. "Contribution" "Contribution" means a payment, a forgiveness of a loan, a payment' of a loan by a third party, or an enforceable promise to make a, n payment except to the extent that full and adequate consideration is i31 received unless it is clear from the surrounding circumstances that it,--' is not made for political purposes. An expenditure made at the behest of a candidate, committee or elected officer is a contribution to the candidate, committee or elected officer unless full and adequate'''' consideration is received for making the expenditure. The term "contribution" includes the purchase of tickets for events such as dinners, luncheons, rallies and similar fundraising events; the candidate's own money or property used on behalf of his or her candidacy; the granting of discounts or rebates not extended to the,,'. public generally or the granting of discounts or rebates by television, and, radio stations and newspapers not extended on an equal basis to all candidates for the same office; the payment of compensation by 140 any person for the personal services or expenses of any other person if such services are rendered or expenses incurred on behalf of a candidate or committee without payment of full and adequate consid- eration. The term "contribution" further includes any transfer of anything of value received by a committee from another committee, unless full and adequate consideration is received. The term "contribution" does not include amounts received pursuant to an enforceable promise to the extent such amounts have been previously reported as a contribution. However, the fact that such amounts have been received shall be indicated in the appropriate campaign statement. The term "contribution" does not include a payment made by an occupant of a home or office for costs related to any meeting or fundraising event held in the occupant's home or office if the costs for the meeting or fundraising event are five hundred dollars ($500) or less. Notwithstanding the foregoing definition of "contribution," the term does not include volunteer personal services or payments made by any individual for his or her own travel expenses if such payments are made voluntarily without any understanding or agreement that they shall be, directly or indirectly, repaid to him or her. Added by initiative measure adopted June 4, 1974, operative January 7, 1975. Amended Stats 1980 ch 289 § 1.4. Amendments: 1980 Amendment: Added (1) "or her" after "behalf of his" in the second paragraph and after "for his" and "to him" in the sixth paragraph; (2) ", unless full and adequate consideration is received" at the end of the third paragraph; and (3) the fifth paragraph. Cross References: Loan as contribution for purpose of contents of campaign statements: § 84216. Collateral References: Cal Jur 3d (Rev) Elections § 104. Pertinent administrative rules and regulations: 2 Cal Code Reg §§ 18215, 18423. Law Review Articles: Review of Selected 1980 Legislation. 12 Pacific U 425. Annotations: Power of corporation to make political contribution or expenditure under state law. 79 ALR3d 491. FPPC DECISIONS A public official has no reporting obligations by the specified purpose of making a speech. Cory, virtue of attending a political fund raising dinner Kenneth, State Controller 1 FPPC 137 (No. 75- at the invitation of the sponsors without purchas- 094 -C, Oct. 1, 1975). ing a ticket. This conclusion is not altered by the A newspaper editorial is neither a contribution nor fact that the public official attends the dinner for 141