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1981/07/27 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES July 27, 1981 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 Cavalli presiding. Call to Order Mayor.Cavalli called the meeting of the regular session to order at approximately 7.05 p.m. and led the pledge of allegiance. Roll Call Approval of Minutes Present: 1(4) Councilmen Hollingsworth, Hopkins, Roberts and Cavalli Late: (1) Councilman Stewart (time of arrival is noted in these minutes) Absent: (0) .Staff.present.for all or part of the meeting: City Manager Callinan,.Director of Public- Safety Dennett, City Attorney Flitner, Finance Director Netter, and Planning Director Skanchy. Councilman Hollingsworth noted that his time of departure on ;page 3 of the.Council minutes of July 13th was before the matter of Planning File 079.2 was discussed rather than after it had begun. Upon motion of Councilman Hopkins, seconded by Councilman Hollingsworth, and unanimously approved, the minutes of July 13, 1981 were.approved as corrected. Approval of Bills Upon motion of Councilman Hopkins, seconded by Councilman Roberts, and unanimously approved, the bills presented per tIe attached list in the amount of $1,298,992.38 were approved. Adding Non -- Agendaed City Manager Callinan requested that time be allowed under' Items to Agenda the City Manager's Report section to consider the memorandum submitted by Administrative Assistant Jones regarding the sale of chairs and.to discuss a subpoena delivered to the City Offices the morning of the Council meeting. Planning Commission mayor Cavalli read the names of all applicants for the Planning Commission as follows: Mona L. Andrews, Michael E. Bryan, Paul P. Gregorian,Gus Hutten, William Jacobi, Bunyan W. Johnson, Jr., Martin E. Krshul, Richard L. Norton, Celinda L. Romaine, and Robert H. Rose. Mayor Cavalli recognized all applicants, giving them each an opportunity to speak to the Council. It was noted that two applicants did not appear at the meeting, those being Michael E. Bryan and William Jacobin Mayor Cavalli suggested that the missing applicants be invited to the next regularly scheduled Council meeting to be given an oppor- tunity to introduce themselves and offer their comments, thereby .deferring the Council's appointment until that time. The Council - concurred. After further discussion,,Council agreed to let the Planning Commission',s action stand. Councilman'Rob`erts At this point in the meeting, „the time being approximately 8:03 p. Leaves Councilman Rober.ts.,left the chambers. File 0802, Codding City Manager Callinan pointed out to the Council that all revised Enterprises -Ross plans and other changes involving the Ross Department Store had not been completed and requested the matter be deferred. Mr. Hugh Codding spoke briefly, showing a drawing on display. Page 2.. Ordinance No. 385 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REPEALING.:. SECTION. 9, 28.050,x.OF THE 'ROHNERT PARK MUNICIPAL CODE (MECHANICAL PLAY DEVICE - LICENSE FEES) City Manager Callinan, referring to his Council Meeting Memo dazed July 23 0- :1981,,.explained Ordinance No. 385. Finance Directo Netter added Iurther explanation of the ordinance. Discussion followed. Councilman Stewart At thhis point „in the meeting, the time being approximately 7:25 p. Arrives Councilman Stewart arrived. Mr. Paul Gregorian, 5739 Davis Circle, was recognized and expresso his concern over the safety of children usine the mechanical play devices.,;further discusaion followed with Mr. Gregorian partici- pating,. Upon motion of Councilman Hollingsworth, seconded'by'..Councilman Hopkins, and approved,by;the, following vote, reading of Ordinance No. 385 was.waived.and said ordinance was introduced. AYES: (4) Councilmen Hollingsworth, Hopkins, Roberts and Pavalli NOES: (0) ABSTAINa, (1) Councilman Stewart Ordinance No, 386, AN OPDINANCE REPEALING CHAPTER 2.36 OF THE MUNICIPAL CODE *YOUTH ADVISORY COMMISSION), „ City Manager Callinan referred the Council to his Council Meeting Memp dated.July:.23, 1981 for explanation of the ordinance -arid briefly commented on same.,. Discussion followed.. Upon,motion of Cogncilman.Hopkins, seconded by Councilman Roberts, and unanimously approved, Nordinance No. 386 was.introduced. File 0672- Codding Planning Director Skanchy pointed out drawings on display and Enterprises, Council explained details surrounding the project. review of'Rohnert Park. Inn M�. Hugh Codding, President of Codding Enterprises, was recognizes and further explained the plans for'the proposed Rohnert Park Inn which would include 16 kitchenette units. Mr. Codding advised that the initial.phase of the project would involve 16 units only. Discussion, followed.; Councilman Roberts made a motion .to deny the Planning Commission's previous approval of the project. Said motion died due to lack of a second. After further discussion,,Council agreed to let the Planning Commission',s action stand. Councilman'Rob`erts At this point in the meeting, „the time being approximately 8:03 p. Leaves Councilman Rober.ts.,left the chambers. File 0802, Codding City Manager Callinan pointed out to the Council that all revised Enterprises -Ross plans and other changes involving the Ross Department Store had not been completed and requested the matter be deferred. Mr. Hugh Codding spoke briefly, showing a drawing on display. Page 3 Council agreed to defer the matter until the next regularly schedu meeting. Councilman Roberts Councilman Roberts returned to the Council Chambers at this point Returns in the meeting, the-'time being approximately 8 :07 p.m. Communications Communications per the attached outline were brought to the attent of the City Council. No action was taken on any communication except as specifically noted in these minutes. Recess Mayor Cavalli called a recess in the meeting, the time being approximately 8 :09 p.m. Reconvene Mayor Cavalli reconvened the meeting at approximtely 8 :16 with all Councilmen present. Personalized Patrol City Manager Callinan referred the Council to the staff report- Vehicles, previously provided to them and further explained the resolution accompanying the proposal and the time element involved in the actual implementation of the program. Director of Public Safety Dennett was recognized and explained the concept of the program, citing the advantages and disadvantages of setae. Discussion followed. Finance Director Netter reiterated on his written report which was provided to the Council prior to the meeting. Mr. Netter explained the financing details of the program and made recom- mendations on the financing terms'. Discussion followed. City Manager Callinan explained the budget allocations for Public Safety vehicles in past years and the benefits in implementing the program. Resolution No. 81 -129 Finance Director Netter further informed Council of the advantages to officers having their own vehicles in responding to fire calls. Discussion followed. RESOLUTION OF THE COUNCIL OF T$E CITY OF ROHNERT PARK ENDORSING THE CONCEPT OF A PERSONALIZED PATROL VEHICLE PROGRAM City Manager Callinan explained the resolution and called attentio to the word "maximize" stating that it should be changed to read "minimize'. " Upon motion of Councilman Hopkins, seconded by Councilman Roberts, and unanimously approved, said resolution was adopted as corrected City Manager's City Manager Callinan referred the Council to his Council Meeting Report Memo dated July 23, 1981 for explanation of all matters on the City Manager °s Report section of the agenda. Emergency Care City Manager Callinan referred the Council to his Council Meeting Zones Memo dated July 23, 1981 for explanation of the latest development in the ambulance service area. Temporary. Power Line City Manager Callinan informed Council of the installation of to Well #20-.., 1 1 temporary electrical overhead lines in the area of future H. Park. Page 4 Swimming Pools City Manager Callinan explained to the Council that on hot days Schedule swimming pool hours would be extended and swimming lessons would b cancelled under those conditions to better accommodate the gene: public. The Council expressed agreement. Cadle's Ambulance City Manager Callinan explained a conflict in the current agreemer: with CAdle's Mercy Ambulance regarding the term of the agreement. Upon motion of Councilman Hopkins, seconded by Councilman Roberts and unanimously approved, the agreement with Cadle's Mercy Ambular shall remain.as currently written until such time as it is terminz by either party..,by giving notice required in said agreement. Expressway Jest . -...p. +. ..v wa.v uJ City Ma++a nor Call inan 1-f— -A the C-11 -n41 tl„t he .., —l.i be costa, su.J ru aaca gjy vcs ice. s.a•u asys•e.ya i.aa... vv was�..a..a. ra•u a. a vry u�..x vv ..�aa �cn� the `3oard of Supervisors,once;again about getting the Expressway extended westKvmrd.,from the,.Rohnert Park. City limits to Stony Point. Road if the Council agreed. Council approved the action unanimous Bowling Alley/ City Manager Callinan refexred.the Council to his Council Meeting Golf Course Memo dated July 23, 1981 and called Council's attention to a lette signs received froi4 Classic Car Wash to said signs. Discussic ,objecting followed. Councilman ,Hopkins made a motion to .change the sign boards, read by those going south on the, freeway to read "Rohnert Park Stadium" and to leave the sign boards read,by those going north on the freeway.to read, "'Golf .Courses and Bowling Alley, " The motion was seconded by Councilman Cavalli and approved by the followinL vote. . AYES: (4) Councilme,n,llollingsworth, Hopkins, Roberts and Cavalli NOES: (1) 'Councilman Stewart KTOB Softball City Manager Callinan informed:.Council of a call received from the Challenge KTOB radio station owner:Bob Lipman regarding the station's chal- lenging.the Rohner.t Park City Officials to a softball game with the proceeds to go to a charity. Bruce Iwamoto, representative,from the KTOb radio station was recognized, and gave further,details on the challenge. Discussion followed. The Council unanimously agreed to accept the challenge to take place on August 12, 1981 immediately proceeding the Redwoc Pioneer baseball gamine at.the Rohnert Park Stadium. Hahn vs. Codding City Manager Callinan informed the Council of a subpoena deliverer Subpoena to the City Offices on the morning of July 27, 1981 and provided copies to Council,.membersduring the meeting. City Attorney :Flitner said it, was.pos &ible only one (1) representative needed to.produce the records requested in the subpoena. Discussion followed. City Attorney F�litner said he would investigate the possibility one representative furnishing the information requested. City Manager Callinan informed the Council that he would be `forwardi.ng a copy of the subpoena:to attornevs at Cotton. Seligman and Ray for their review and advice. Page 5 Sale of Chairs to City Manager Callinan called to the attention of the Council a Sonoma State memorandum submitted by Administrative Assistant Jones regarding University the sale of 300 Community Center chairs to Sonoma State University Discussion followed. Upon motion of Councilman Hopkins, seconded by Councilman Roberts, and unanimous approval of the Council, the chairs were approved for sale to Sonoma State University at $25.00 each. Lease for Senior City Attorney Flitner stated that a change should be made in the Citizen Drop -In lease from the word "maximum" to the word "legal" on page 2. City Manager Callinan pointed out the need for a deletion of the word "telephone" under the Section 17 "Utilities" portion of the lease. Mayor Csvalli questioned the term of the lease. City Attorney Flitner suggested.a six1month lease rather than a full year. Discussion followed. Peter McCormick, 1044'Copeland Creek, was recognized and said he agreed with a six month term in the lease. Discussion followed. Resolution No. 81 -130 RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK APPROVING LEASE AGREEMENT WITH CODDING ENTERPRISES (FOR SENIOR CITIZENS DROP -IN CENTER) Upon motion of Councilman Hopkins, seconded by Councilman Hollings worth, said resolution was unanimously approved, noting that the aforementioned changes in the 'lease be made. Hydroelectric City Attorney Flitner requested that this matter be deferred due Power Project to the lack of all pertinent information regarding same. Council agreed. Billboard Lawsuit City Attorney Flitner stated there may be a 30 day delay in the proceedings in the lawsuit. Employee Housing City Attorney Flitner informed Council that the Employee Housing Assistance Assistance Program could be affected by the Deferred Compensation Plan and he was writing for'an update on the regulations governing same and that he would work further on the employee housing program. August Council Meetings Council /Chamber of Commerce Meeting Councilman Roberts suggested having only one meeting during the month.of August. Discussion followed. City Manager Callinan explained that it would be wise to have the regularly scheduled two meetings in this August due to several upcoming important issues. It was agreed by the Council that the City /Chamber Committee con- sisting of Councilman Hopkins and Councilman Roberts would meet with the Chamber of Commerce representatives on July 29, 1981 at Zane's Restaurant to discuss the Chamber of Commerce budget and the city's funding for same. Cab le TV Mayor Cavalli advised the Council of a number of complaints he had received regarding the poor reception, especially on channels 20 and 36,, through CATV. Councilman Hollingsworth said that he too,.,had received numerous complaints. City Manager Callinan explained that Storer Cable representatives advised that the company could only obtain good reception on these channels if they receive a strong signal and were powerless to improve the reception if atmospheric conditions were causing a weak signal. Resolution No. 81 -128 RESOLUTION OF APPRECIATION TO RALPH FITCH City Manager Callinan spoke briefly on the city's past experiences with Ralph Fitch before reading the resolution. Upon motion of Councilman Hopkins, seconded by Councilman Roberts, and unanimously approved, Resolution No. 81 -128 was adopted.` Page 6 Commerce Blvd.{ ,Councilman Roberts noted that traffic flow at the inter�ection o. Golf Course Drive Commerce Blvd. and Golf Course'Dr. had increased substantially and offered the suggestion of possibly putting in a 3-Way stop:. sign. City Manager Callinan stated he would contact the City Engineer and Director of Public "S�afety!to get their recommendations. Motel /Apartment Councilman Hiollingsworth requested +the City Attorney to investigat Definition the. definition of "`motel" and "apartment" and study the current motel ordinances Discussion followed. City Attorney•Fl-itner agree' 0 30ok into the issues and report back to the Council at the next regularly scheduled meeting. Garage Sale Signs g g ti g a or •,� Councilman I=olling`sWorth suggested' adopting n ordinance ..o contro: the posting of'garage sale" 'slgns.' Discussion followed. City Manager Ca11iran said he would ask the Planning Department to investigate the(. mat ter. Planning Commission Councilman Hollingsw6rth� said he felt that the members of the Compensation Planning Commission sh9ul4 be reimbursed for their services on said commission. He'cited" the amount of $25.00 per meeting as being a reasonable'amount. Discussion followed. Councilman Hollingsworth made,the motion that $25°00 a'meeting with a maximum of $50.00 a Month compensation be given to the Pla. Commission members and that this amount should be included in the budget. Councilman Stewart seconded the motion. Said motion fail( by the following roll call vote. AXES: (2) Councilman Hollingsworth and Stewart NOES. (3) Councilmen Hopkins, Roberts and Cavalli Japanese Student Mayor Cavalli informed Council of a delegation of Japanese student Visit who would be visiting the City as part of the "Homestay" program. Cab le TV Mayor Cavalli advised the Council of a number of complaints he had received regarding the poor reception, especially on channels 20 and 36,, through CATV. Councilman Hollingsworth said that he too,.,had received numerous complaints. City Manager Callinan explained that Storer Cable representatives advised that the company could only obtain good reception on these channels if they receive a strong signal and were powerless to improve the reception if atmospheric conditions were causing a weak signal. Resolution No. 81 -128 RESOLUTION OF APPRECIATION TO RALPH FITCH City Manager Callinan spoke briefly on the city's past experiences with Ralph Fitch before reading the resolution. Upon motion of Councilman Hopkins, seconded by Councilman Roberts, and unanimously approved, Resolution No. 81 -128 was adopted.` Page 7 Ralph Fitch, Pacific Gas and Electric Company representative, was recognized and briefly addressed the Council, commending the City Council and City Administration for their past ac- complishments. Adjournment There being no further business, Mayor Cavalli adjourned the meeting at approximtely 9 :48 p.m. APPROVED / 6 Deputy City Clerk INTER- OFFICE MEMORANDUM TO: Peter M. Callinan City Manager RE: Repealing Section 9.28.050 of the Rohnert Park Municipal Code - Licensing of Coin Operated Amuse- ment Vending Machines FROM: qFin�ce D. Netter Director DATE: July 23, 1981 This memo provides information relative to the licensing and collection of fees on coin operated amusement vending machines in the City of Rohnert Park. The City of Rohnert Park has been collecting a business license fee under Ordinance No. 201, Section No. 22 -9, for weighing and coin operated machines based on gross receipts. In addition to this business license fee, the city has also charged a mechanical play device fee of $36 per machine per year. This charge was assigned by Section 9.28.050 of the Rohnert Park Municipal Code. It seems that on June 7, 1972, Assembly Bill 858 amended Section 16002.5 of the Business and Professions Code making it mandatory that all general law cities base their business license fee for vending machines on gross receipts only and that there be no minimum license fee assigned. This information was delivered to our City Attorney, John Flitner, and he responded with the following, "it is any opinion the Business and Professions Code Section 16002.5 is controlling and that the City of Rohnert Park, a general law city, can levy a license fee or tax based on gross receipts for the privilege of renting, leasing, or operating coin operated vending machines." Based on the above, it was concluded that the city may have indulged in "overkill" when Section 9.28.050 was adopted. Therefore it is recommended that Section of 9.28.050 of the Rohnert Park Municipal Code be repealed by ordinance. All communications and correspondence are attached for your information and they include: 1. Letter from California Music Merchants Association dated March 3, 1981. 2. Responde letter to California Music Merchants Association from Finance Director Netter. 3. Letter to City Attorney John Flitner asking for opinion on regulations concerning fee collections on vending machines. 4. Letter of response and opinion from City Attorney Flitner. 5. Drafted Ordinance by City Attorney Flitner repealing Section 9.28.050 of the Rohnert Park Municipal Code. CITY OF ROHNERT PARK 6750 COMMERCE BOULEVARD ROHNERT PARK, SONOMA COUNTY, CALIFORNIA 94928 TELEPHONE 795 -2411 a June 19 1981 �cN: 3 i4y�` Mr. Joseph D. Netter Finance Director City of Rohnert Park 6750 Commerce Boulevard Rohnert Park, CA 94928 RE: CITY OF ROHNERT PARK LICENSING OF COIN OPERATED AMUSEMENT VENDING MACHINES Dear Joe: This will respond to your inquiry, dated March 26, 1981, regard- ing the above matter. I have reviewed the documents that you sent me. I have also checked the Business and Professions Code to determine if any sections referred to in your letter have been amended since the dates of the legislation included in your letter. Based on my review, it is my opinion that Business and Professions Code Section 16002.5 is controlling and that the City of Rohnert Park, a general law city, can levy a license fee or tax based on gross receipts for the privilege of renting, leasing, or operating coin operated vending machines. If that is true, then I believe that the city may have indulged in "overkill" when it adopted Section 9.28.050. It would seem to me that the easiest way of resolving the situation would be to prepare an ordinance repealing Section 9.28.050 of the Rohnert Park Municipal Code. I have done that. Should you wish to present the repealing ordinance to the Rohnert Park City Council, such an ordinance is enclosed for your use. Very truly yours, C1#rY OF ROHNERT P K An D. Flitner y Attorney JDF:sf Enclosure CITY OF R08NEDI9&l<K oroo COMMERCE BOULEVARD noxwsnT PARK, uowomx COUNTY, CALIFORNIA vmoo TELEPHONE 795-2411 March 26, 1981 John D. FlitD8r Attorney at Law P. 0. Box 1808 Santa Rosa, CA 95402 Reference: City of Rohnert Park Licensing of Coin Operated Amusement/ Vending Machines Dear U Flitn2r: ' I d0 u��ting a legal opinion on a matter that concerns the City of Rohner � P�rk'3 taxing and collection procedures of business license fees for Coin operated umU semen t/ vend ing machines. The reason for this request is that the Coin ANUSen9Dt Center located on Commerce Boulevard in Rohnert Park has called various times voicing dis- satisfaction with the fees they have been asked to Day. Following d diScUS3iUD with a representative Of Coin Amusement Center, ex- plaining our fee structure I received 8 letter from Mr. Benito MUrillV, State President Of the California Music Merchants Association, copy attached. It seems as if the city requires a business license fee based on gross receipts (see exhibit A) and 8 license fee Of $36 per year per machine (528 exhibit R). The question is whether this is double t8Xat100 and if the City CJO legally Charge the $36 per machine (please read Assembly Bill 858\. EnClospd is all the necessary d0Cu0GOtOti0D for your review which includes: ]. Mechanical Play Device - Section 9.28 2. Business License Ordinance - Section 5,12 3. Copy of Business License BL 22-9 4. Letter from California Music Merchants Association S. Assembly Bill N0. 858 6. Legislative Counsel Opinion 7. Assembly Bill No. 899 8. Opinion Letter from Attorney General of State of California Please contact me and let me kUOW what steps should be taken at this point. CITY OF ROHNERT PARK 6760 COMMERCE BOULEVARD ROHNEAT PARK, SONOMA COUNTY, CALIFORNIA 94928 TELEPHONE 795-2411 March 19, 1981 California Music Merchants Association 128 East 14th Street Oakland, CA 94606 Attention: Mr. Benito Murillo Reference: Coin Operated Amusement/Vending Machines Dear Mr. Murillo: We are in receipt of your letter dated March 3, 1981 concerning licensing and collect-ion of coin operated amusement /vending machines in 'the City of Rohnert Park. All documentation concerning our procedures as a general law city with re- spects to the taxing and collection of these amusement/vending machines is being forwarded to our city attorney for review. Included with this docu- mentation will be your, letter and attachments of AB 858. It is not the -intention of the City to be charging a fee contrary to State law. Following the review and opinion of our city attorney, we will be contacting you of the results. If additional information -is needed we will contact you. J DN: f ' cw cc: Peter M. Callinan, City Manager John D. Flitner, City Attorney Very truly yours, ce Director ea,14"V�a AVOW Af enlawh 4mac4u4-tw" ,)Otc,. 120 EAST 14T" STREET, OAKLAND, CALIFORNIA 946116 JOE C. SU.EA dt V il r G C-1 R D 0 N H, „AF LAND 4',1! A M" U P Imm & hw Amwn? 'NF M. MURPHY MMWMhM Asst P 1-4 0 N E: (4 1 5) El 9 3 - 3 6 3 4 H E N 1 -1 El M L J I,' I L L 1) , !_ r A I L I- I P I __ S I D E N I Mr. Peter Callinan City Manager City of Rohnert Park 6750 Commerce Boulevard Rohnert Park, CA 94928 Dear Mr. Callinan: RARRIE1. ORLAND 1— ­11 ­­ 1,11—.111111 FOCHARD L. SILLA March 3, 1981 IWAR C17-y 0 , F R01yNE1erA4R1( Our office has just been notified that the City of Oohnert Park, which is a general law city, is licensing coin-operated Musa-, ment/vending machines in a manner contrary to state law. Under Assembly Bill 858, dated June 7, 1972, which amends Section 16002.5 of the Business and Professions Code; it is mandatory that all general law cities base their business license fee on vending machines (which include automatic music and amusement games) on gross receipts only and that there can be no minimum license fee. Enclosed is a copy of AB 858, history of the bill, and the legislative counsel's interpretation of AB 858. Also enclosed is a copy of a Legal opinion addressed to Assemblyman Gordon Duffy from Attorney General Evell Younger regarding the City of Hanford - and may we just add, the- City of Hanford changed their license over to gross receipts in the manner required in AB 858. It is our position that, as a general law city, the City of Rohnert Park is required to charge the operators of coin-operated amusement/vending machines on their gross receipts only in the same proportion as any other business in your city. 4LLIFD MEMOERS IFORNIA If the information we have received is correct, we request W A"WS ;Music PEON F, NG� that your city council amend your business license so that akland ;IC OPERMORS SEPVICE juke boxes, amusement games, and cigarette machines will be im"Wn licensed in accordance with AB 858, VER RECORDS ONE STOP M Francisco PORT, INT. 'Ale want to be helpful to you and to our members in securing saftle. WA, N, INC, 'n'qm1p a fair and equitabb, gross receipts license, therefore, a 0,LE IN rERNATIONAL GO. hPews committee from our association will be happy to meet with ,NCtSCO MUSIC e� GAMryou and members of the city council if you deem it advisable. ianciscn SONIPAG'IFR, OIS 1"IHUl 1W; GO, cm Angeles - San Francisco NE INTERNATIONAL, INC. an Francisco , ROWNSON & GO. 11TAMOMUT SALES an Francisco a nOUMQ INC. Ds Angeles ofall CM 2 Mr. Peter Callinan -2- March 3, 1981 We will appreciate your sending us a copy of your entire business ordinance so -that we may compare the 'business License fee on coin.-operated amusement/vending machines with other business license fees in your city. If there is any charge for mailing this ordinance, we will gladly pay the fee. May we please hear from you regarding this matter. Very truly yours, CALIF. MUSIC MERCHANTS ASSN Benito Murillo State President BM; am Enclosures ea,14"V�a AVOW Af enlawh 4mac4u4-tw" ,)Otc,. 120 EAST 14T" STREET, OAKLAND, CALIFORNIA 946116 JOE C. SU.EA dt V il r G C-1 R D 0 N H, „AF LAND 4',1! A M" U P Imm & hw Amwn? 'NF M. MURPHY MMWMhM Asst P 1-4 0 N E: (4 1 5) El 9 3 - 3 6 3 4 H E N 1 -1 El M L J I,' I L L 1) , !_ r A I L I- I P I __ S I D E N I Mr. Peter Callinan City Manager City of Rohnert Park 6750 Commerce Boulevard Rohnert Park, CA 94928 Dear Mr. Callinan: RARRIE1. ORLAND 1— ­11 ­­ 1,11—.111111 FOCHARD L. SILLA March 3, 1981 IWAR C17-y 0 , F R01yNE1erA4R1( Our office has just been notified that the City of Oohnert Park, which is a general law city, is licensing coin-operated Musa-, ment/vending machines in a manner contrary to state law. Under Assembly Bill 858, dated June 7, 1972, which amends Section 16002.5 of the Business and Professions Code; it is mandatory that all general law cities base their business license fee on vending machines (which include automatic music and amusement games) on gross receipts only and that there can be no minimum license fee. Enclosed is a copy of AB 858, history of the bill, and the legislative counsel's interpretation of AB 858. Also enclosed is a copy of a Legal opinion addressed to Assemblyman Gordon Duffy from Attorney General Evell Younger regarding the City of Hanford - and may we just add, the- City of Hanford changed their license over to gross receipts in the manner required in AB 858. It is our position that, as a general law city, the City of Rohnert Park is required to charge the operators of coin-operated amusement/vending machines on their gross receipts only in the same proportion as any other business in your city. 4LLIFD MEMOERS IFORNIA If the information we have received is correct, we request W A"WS ;Music PEON F, NG� that your city council amend your business license so that akland ;IC OPERMORS SEPVICE juke boxes, amusement games, and cigarette machines will be im"Wn licensed in accordance with AB 858, VER RECORDS ONE STOP M Francisco PORT, INT. 'Ale want to be helpful to you and to our members in securing saftle. WA, N, INC, 'n'qm1p a fair and equitabb, gross receipts license, therefore, a 0,LE IN rERNATIONAL GO. hPews committee from our association will be happy to meet with ,NCtSCO MUSIC e� GAMryou and members of the city council if you deem it advisable. ianciscn SONIPAG'IFR, OIS 1"IHUl 1W; GO, cm Angeles - San Francisco NE INTERNATIONAL, INC. an Francisco , ROWNSON & GO. 11TAMOMUT SALES an Francisco a nOUMQ INC. Ds Angeles ofall CM 2 Mr. Peter Callinan -2- March 3, 1981 We will appreciate your sending us a copy of your entire business ordinance so -that we may compare the 'business License fee on coin.-operated amusement/vending machines with other business license fees in your city. If there is any charge for mailing this ordinance, we will gladly pay the fee. May we please hear from you regarding this matter. Very truly yours, CALIF. MUSIC MERCHANTS ASSN Benito Murillo State President BM; am Enclosures