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1990/01/23 City Council MinutesRohnert Park City Council Minutes January 23, 1990 The Council of the City of Rohnert Park met this date in regular session commencing at 7:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Hollingsworth presiding. The open regular session was preceded by a closed session which commenced at 7:00 p.m. Call to Order Mayor Hollingsworth called the regular session to order at approximately 7:50 p.m. and led the pledge of allegiance. He advised that a closed session commenced this evening at 7 :00 p.m. to discuss personnel matters, litigation matters, and real estate negotiations. Mayor Hollingsworth said that it was not customary to report on matters covered in closed session, but that in response to comments circulating in the neighborhood concerning the retirement of City Manager Callinan, a statement had been prepared and approved by Council in order for the public to be made aware of the City Manager's intention to retire no later than December 1990. Mayor Hollingsworth read the statement (a copy of which is attached to the original set of these minutes). Roll Call Present: (5) Council members Cochran, Eck, Hopkins, Spiro and Hollingsworth Absent (0) None Staff present for all or part of the meeting: City Manager Callinan, City Attorney Flitner, Director of Public Works /City Engineer Brust, Director of Administrative Services /Assistant to City Manager Netter, Assistant to the City Manager 7-eivo, Director of Public Safety Dennett, Finance Director Harrow and Director of Performing Arts Center Grice. Approval of Minutes Upon motion by Councilman Hopkins, seconded by Councilman Eck, with a correction by Mayor Hollingsworth on page 7, paragraph 4, to replace "may not" with "may or may not ", the minutes of January 9, 1990 =were unanimously approved. Approval of Bills Upon motion by Councilman Eck, seconded by Councilman Hopkins, the bills presented per the attached list in the amount of $1,033,913.11 were approved by the following vote: AYES: (4) Cochran, Eck, Hopkins and Hollingsworth NOES: (0) None ABSENT: (0) None ABSTAIN: (1) Spiro Non- agendaed Items Mayor Hollingsworth queried if any Council member had any non - agendaed items to add to the agenda. Councilman Cochran said that he had an item to add to Matters from /for Council. Rohnert Park City Council Minutes (2) January 23, 1990 Unscheduled Public Mayor Hollingsworth stated that in compliance with Appearances State Law (The Brown Act), anyone in the audience who wished to make a comment may do so at this time. No one responded. CONSENT CALENDAR Mayor Hollingsworth queried if anyone had any questions regarding the matters on the consent calendar. City Manager Callinan said that Resolution No. 90 -16 should be removed from the Consent Calendar for further explanation by City Engineer Brust. Council concurred. City Engineer Brust referred to map on the wall for areas specified in the resolution for consideration requiring the City to secure additional right of way from the Good Nite Inn site, and from the two adjacent parcels necessary for the redesign of the southbound freeway offramps at Wilfred Avenue and Highway 101. He said that the City would exchange a portion of the area on the i nci rio of rho . ,�,...� -A < _ .. py)aVent to Wilfred Avenue of equal square footage that is now surplus land for the needed right or way. 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 PARK 90 -17 APPROVING THE APPLICATION FOR FUNDS UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND SETTING PROJECT PRIORITIES (CODDING CENTER /SENIOR CENTER REMODELING PROJECT - $150,000 AND THE MOBILE HOME REHABILITATION PROGRAM $100,000) Resolution No. A RESOLUTION APPROVING A SOFTWARE LICENSE AGREEMENT WITH 90 -18 ROBERT LUND & ASSOCIATES FOR SOFTWARE PRODUCT "SOS /3000 PERFORMANCE ADVISOR" Resolution No. A RESOLUTION APPROVING JOB DESCRIPTIONS AND SETTING CERTAIN PAY 90 -19 RATES FOR PART -TIME POSITIONS AT THE PERFORMING ARTS CENTER (P /T THEATRE TECHNICIAN, P/T BOX OFFICE ASSISTANT AND P/T MARKETING ASSISTANT) Resolution No. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, 90 -20 CALIFORNIA, APPROVING THE ACQUISITION OF CERTAIN PROPERTY PURSUANT TO A CERTAIN LEASE AGREEMENT AND AUTHORIZING EXECUTION THEREOF Authorization of contribution of a swimming pool membership and a Sports Center membership to the Education Foundation of Cotati- Rohnert Park's "Auction "90" to be held on March 17th, 1990. Upon motion by Councilman Hopkins, seconded by Counciman Cochran, and unanimously approved, with the exception of Resolution No.90 -16, the Consent Calendar as outlined on the meeting's agenda was approved. Resolution No. A RESOLUTION AUTHORIZING EXCHANGE OF DEEDS WITH NANSAY 90 -16 CORPORATION, INC. AND ROGERS, DAVIS, et al City Engineer Brust referred to map on the wall for areas specified in the resolution for consideration requiring the City to secure additional right of way from the Good Nite Inn site, and from the two adjacent parcels necessary for the redesign of the southbound freeway offramps at Wilfred Avenue and Highway 101. He said that the City would exchange a portion of the area on the i nci rio of rho . ,�,...� -A < _ .. py)aVent to Wilfred Avenue of equal square footage that is now surplus land for the needed right or way. Rohnert Park City Council Minutes (3) January 23, 1990 The property owners have agreed to exchange the parcels. After this exchange the City would be able to dedicate the right of way in its final form to CALTRANS so they would have the land necessary for completion of the new off -ramp. Discussion followed. Upon motion by Councilman Hopkins, seconded by Council Member Spiro, and unanimously approved, Resolution No. 90 -16 was adopted. Council Compensation City Manager Callinan explained that copies of an ordinance for introduction had been provided to Council which would authorize an increase of 5% in the compensation for members of the City Council in accordance with State law which would increase the monthly pay rate from $330 per month to $346 per month. Upon motion by Councilman Hopkins, seconded by Council Member Spiro, the ordinance for introduction to increase compensation of members of the Council by 5% was not approved by the following roll call vote: Leffler Brown, the immediate past President of the Rohnert Park Chamber of Commerce was recognized, referred to above - mentioned letter and shared the contents therein. He specifically pointed out concerns regarding adequate lift equipment, experienced AYES: (2) Hopkins and Spiro NOES: (3) Cochran, Eck and Hollingsworth ABSENT: (0) None ABSTAIN: (0) None Rancho Cotate HS Lucy Stone, Coach, Rancho Cotate High School Pop Warner Cubs Pop Warner Cubs Cheerleaders, 4530 Hillview Court was recognized and presented a Cheerleaders Certificate of Appreciation to City Council for financial assistance to compete in the National Pop Warner Cheerleading Competition in Los Altos, California on December 7 -9, 1989. She said that a refund was previously presented to the Finance Department for the unused portion of said funds. Mayor Hollingsworth said that the efforts of the cheerleaders were to be commended, and appreciation was extended for a first time return of unused funds which amounted to $371.42. RP Chamber of Commerce- Director of Administrative Services /Assistant to City Manager Holiday Lights Netter explained that copies had been provided to Council of letter dated December 19, 1989 from Rohnert Park Chamber of Commerce regarding the holiday lights on Rohnert Park Expressway. He said that the letter detailed the logistics and maintenance necessities of the lighting project from start up to take down, as well as the Chamber's request for the City to contribute toward the cost of the 1989 lighting project and consider the possibility of an annual budget item to be included in the City's budget for this project. Leffler Brown, the immediate past President of the Rohnert Park Chamber of Commerce was recognized, referred to above - mentioned letter and shared the contents therein. He specifically pointed out concerns regarding adequate lift equipment, experienced Rohnert Park City Council Minutes (4) January 23, 1990 letter and shared the contents therein. He specifically pointed out concerns regarding adequate lift equipment, experienced operators, sufficient insurance coverage, and the need to replace residential light strands with commercial light strands for safety. Discussion followed regarding storage options for the lights, cost estimates for future budgeting, liability insurance for volunteers, and required lift equipment to install the lights. A motion was made by Councilman Hopkins, seconded by Council Member Spiro, and unanimously approved to: 1) contribute $2,500 toward the cost of the Chamber of Commerce's 1989 holiday lighting project, 2) submit a cost estimate for future years of this project for consideration to be included in the City's annual budget, 3) take steps for the provision of adequate insurance coverage, and 4) make sure that equipment operators are experienced and qualified. Codding Enterprises City Manager Callinan referred to map on the wall and explained that copies had been provided to Council of letter dated December 20, 1989 from Codding Enterprises requesting to purchase additional City property in the area west of Redwood Drive. He said that last year Codding Enterprises acquired two parcels from the City in exchange for some land adjacent to the City Hall site on City Hall Drive and is now requesting to purchase approximately 24,700 sq. ft. on the west side of Redwood Drive, offering $100,000 for said property, so that his existing 2.31 acre parcel could become more useable. City Manager Callinan said that he informed Mr. Codding that the offer of $100,000 was too low and does not represent the market value of the property. City Manager Callinan confirmed to Council that Mr. Codding was open to negotiations, and recommended that the Council Committee work with staff regarding this matter. A motion was made by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, for Council Committee Members Cochran and Hollingsworth to work with staff regarding the request to purchase additional City property in the area west of Redwood Drive and develop a recommendation for Council's consideration. Discussion followed regarding previous consideration of above - mentioned property being set aside for a softball area and it was confirmed by Council to have the Council Committee consider this in its deliberation on this parcel. Mid -year Budget Review Director of Administrative Services /Assistant to City Manager & Financial Report Netter explained that copies had been provided to Council of Finance Director's memorandum dated January 18, 1990 regarding the six month's financial review of the City. Finance Director Harrow referred to above - mentioned memorandum regarding the mid -year budget review and financial report, explained some of the contents therein, and said that he was available to answer Council questions. Rohnert Park City Council Minutes (5) January 23, 1990 Discussion followed in which City Manager Callinan confirmed the need for a mid -year budget review because of the large size of the City's budget and said that department heads also submit monthly reports so that expenditures are monitored on a monthly basis. Mayor Hollingsworth commended staff for the readability and clarity of the financial report. Cable TV System Assistant to the City Manager Leivo explained that copies had been provided to Council of the Draft CATV System and Services Report, as authorized by the City ordinance regarding Cable TV systems and operations and shared the contents therein. He said that the information for the report was taken from the Public Hearing at the last Council meeting. He said the draft report is provided for Council's review and consideration of options that may be included in a final report. This final report could be used in the negotiations of the upcoming franchise renewal. Mr. Leivo said that a copy of this report was sent to MultiVision Cable TV Corp and a letter of response was received today from MultiVision. Discussion followed in which City Manager Callinan said that Council may want to take the draft report under advisement, and confirmed that Council has sixty (60) days to finalize the report. Mayor Hollingsworth designated Councilman Hopkins and Councilman Eck as a Council Committee to work with staff on finalization of the CATV System and Service Report. City Manager Callinan said that this document would then be presented for Council action. Wastewater Pumping Director of Public Works /City Engineer Brust explained that copies Station Report had been provided to Council of his report and recommendations dated January 19, 1990 regarding a proposal letter dated August 16, 1989 from Winzler & Kelly Consulting Engineers for providing engineering services needed to upgrade and expand the City's wastewater pump station, and that copies were also provided to Council of Winzler & Kelly's Wastewater Pumping Station Report dated July 1989. City Engineer Brust shared contents of the above - mentioned report and said that the current year's insufficient rain fall has not provided a true picture of possibilities and averages. He said that the City is approaching capacity of the current wastewater system and recommended that Winzler & Kelly Consulting Engineers be engaged to design and provide plans and specifications ready for bidding as detailed in their Phase I and Phase II tasks for a total amount not to exceed $152,300. Mr. Brust said that Robert Kelly, Principal Engineer of Winzler & Kelly was present to answer Council's questions. Robert Kelly, Principal Engineer of Winzler & Kelly was recognized and said that the proposal suggests a ten (10) year development process and that the system needs to be expandable to handle future demands. He answered various questions from Council regarding Winzler & Kelly's report and proposal. Rohnert Park City Council Minutes (6) January 23, 1990 Discussion followed regarding finance sources, sphere of influence and approaching capacity. Concerns were expressed regarding studies done by same firm presenting proposal to which City Engineer Brust responded that the trend normally is to talk to the firm that does the study since any other firm would have to go through the total process again to provide answers. Mr. Brust said he had reviewed fee ranges and that the figures of Winzler & Kelly's proposal did not seem to be out of line. Confirmation was given that otherf engineering firms could submit proposals if Council so desired. City Manager Callinan outlined steps that should be taken: 1) set up field trip for Council to go through pump station, 2) decide how large to make the wastewater facility, and 3) decide how to finance the project. A motion was made by Council Member Spiro, seconded by Councilman Cochran, to approve Phases I & II of Winzler & Kelly proposal not to exceed $152,300, and approved by the following vote: AYES: (3) Cochran, Hopkins, and Spiro NOES: (2) Eck and Hollingsworth ABSENT: (0) None ABSTAIN: (0) None Council concurred to have a tour of the pump station on Wednesday, the 7th of February at 4:00 p.m. Recess Mayor Hollingsworth declared a recess at approximately 9:00 p.m. Reconvene Mayor Hollingsworth reconvened the Council meeting at approximately 9:14 p.m. with all Council members present. 1989 Wastewater Flows Director of Public Works /City Engineer Brust explained that copies had been provided to Council of his report dated January 19, 1990 regarding wastewater treatment capacity and shared the contents therein. Discussion followed in which Mr. Brust answered Council questions regarding allocations of unused capacity, that the commercial and light industries are equated by a percentage factor by taking the total flow of the system throughout the year confirming the necessity of making sure that the commercial follows the residential and that formulas work as long as a theory of commensurate is effectively applied. Confirmation was given that S.S.U. is at zero capacity and in reference to expansion projections concluded that S.S.U. faces the same problem the City does regarding the need to develop more sewer capacity. Mr. Brust confirmed that meters were installed this year to establish real flow and have closer readings for S.S.U., Cotati and Hewlett- Packard. Rohnert Park City Council Minutes (7) January 23, 1990 Performing Arts Center Director of Administrative Services /Assistant to City Manager Netter summarized the items listed on the agenda in regard to the Performing Arts Center. He said the Council Committee has reviewed the Rental and Operating Policy of the Performing Arts Center and other contracts as listed on the agenda. He distributed the latest draft and called upon Director of Performing Arts Center Michael Grice to review the documents with Council. Director of Performing Arts Center Grice reviewed the Rental and Operating Policy and highlighted the changes recommended by the Council Committee. Discussion followed on various items as outlined in the policy. City Manager Callinan recommended approval of the Rental and Use Policy on an interim basis and sid the policy would be distributed to all potential users for their feedback on said policy. Resolution No. A RESOLUTION APPROVING RENTAL POLICY FOR THE USE OF THE PERFORMING 90 -21 ARTS CENTER A motion was made by Council Member Spiro, seconded by Councilman Cochran, and unanimously approved, to accept and approve the Rental Policy for Use of Performing Arts Center dated January 1990 as an interim policy as submitted by staff until such time as further review can be made of feedback from the potential users of the facility. Resolution No. A RESOLUTION APPROVING AN AGREEMENT WITH DEBORAH PALESCH TO 90 -22 PROVIDE SERVICES AS ARTISTIC DIRECTOR FOR THE PERFORMING ARTS CENTER BALLET COMPANY Director of Performing Arts Center Grice reviewed the agreement with the Council and introduced Deborah Palesch who was in the audience. Upon motion by Council Member Spiro, seconded by Councilman Hopkins, and unanimously approved, Resolution No. 90 -22 was adopted. Resolution No. A RESOLUTION APPROVING A CONTRACT AGREEMENT WITH MARIN OPERA 90 -23 COMPANY FOR FOUR PERFORMANCES OF LERNER AND LOWE'S "CAMELOT" TO BE HELD AT THE PERFORMING ARTS CENTER Director of Performing Arts Center Grice reviewed the agreement with the Council. Upon motion by Council Member Spiro, seconded by Councilman Cochran, and unanimously approved, Resolution No. 90 -23 was adopted. Rohnert Park City Council Minutes (8) January 23, 1990 Resolution No. A RESOLUTION APPROVING AN AGREEMENT WITH STATE FARM FIRE AND 90 -24 CASUALTY COMPANY, NORTHERN CALIFORNIA OFFICE, FOR THE EXCLUSIVE USE OF THE PERFORMING ARTS CENTER FOR A COMPANY EVENT ON SATURDAY, JUNE 2, 1990 Director of Performing Arts Center Grice reviewed the agreement with the Council. Upon motion by Council Member Spiro, seconded by Councilman Cochran, and unanimously approved, Resolution No. 90 -24 was adopted. Fund Raising Progress Director of Performing Arts Center Grice explained that copies had re.Perform.Arts Center been provided to Council of memorandum dated January 17, 1990 from Al R. Krumrey, CCS regarding a weekly progress report on the fund raising project for the Performing Arts Center and shared the contents therein. He said that an evaluation meeting with the president is scheduled for next Monday. Council Committee re. Director of Administrative Services /Assistant to City Manager Performing Arts Center Netter said that this item regarding Council Committee for Performing Arts Center was put on tonight's agenda in order to establish said Committee for the record for all Performing Arts Center related matters. Mayor Hollingsworth designated Council Member Spiro and Councilman Eck as appointees for Council Committee to the Performing Arts Center for all Performing Arts Center related matters. Costs /Funding Sources Director of Administrative Services /Assistant to City Manager re.Perform.Arts Center Netter explained that copies had been provided to Council of memo dated January 18, 1990 from Finance Director Harrow regarding Project No. 1980 -04 /Performing Arts Center report on costs and funding sources (a copy of which is attached to the original set of these minutes). He said that the purpose of the report was to keep Council informed regarding said project costs and funding. Mr. Netter reported that later on the Agenda the Council will be considering a $450,000 loan from the City from the annexation fee account fund to the Community Development Agency. This loan would be paid back from tax increment funds over a 15 year period. In addition, Mr. Netter reported that staff is working on documents to initiate an additional loan from the City to the Community Development Agency in the amount of approximately $510,000 to complete the Performing Arts Center Project. These loan funds would come from miscellaneous reserves and the General Fund Reserve to be nai d h'nlr c..-- -%-- P - -- -�-•- ­WW �«e principal loan repayments of earlier loans. Rohnert Park City Council Minutes (9) January 23, 1990 Resolution No. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, 90 -25 CALIFORNIA, APPROVING THE FINAL FORM OF A CERTAIN AMENDED AND RESTATED LOAN AGREEMENT, AUTHORIZING EXECUTION THEREOF, AND MAKING CERTAIN FINDINGS IN CONNECTION WITH A CERTAIN COMMITMENT BY THE AGENCY FOR THE USE OF TAX INCREMENT REVENUES TO PAY FOR THE INSTALLATION AND CONSTRUCTION OF A PUBLICLY OWNED BUILDING PURSUANT TO HEALTH AND SAFETY CODE SECTION 33679 City /CDA Loan Agrmt Director of Administrative Services /Assistant to City Manager re.Perform.Arts Center Netter explained the resolution and said that a public hearing was required because repayment of the loan to the City would be made from tax increment funds. Public Hearing Mayor Hollingsworth opened the public hearing at approximately 9:51 p.m. and asked if there was anyone in the audience wishing to speak regarding this matter. No one responded. There being no one desiring to speak, Mayor Hollingsworth closed the public hearing at approximately 9:51 p.m. Upon motion by Councilman Cochran, seconded by Council Member Spiro, and unanimously approved, Resolution No. 90 -25 was adopted. Planning and Zoning: Director of Administrative Services /Assistant to City Manager File No. 1378 Netter introduced Matthew R.Mills and Jeff Teal of Robinson, Mills & Williams regarding File No. 1378 - Rohnert Park Civic Center - for schematic review of the Rohnert Park Civic Center which includes a 47,000 sq.ft. City Hall Administration Building, 3,000 sq.ft. Council Chambers, 26,000 sq.ft Public Safety Building, and 240 car parking lot on 8.37 acres on the north side of the Rohnert Park Expressway, west of the Northwest Pacific Railroad. Matthew R. Mills was recognized and said that he was the principal in charge of design and development for the Rohnert Park Civic Center and that he was here tonight to show Council changes that have been made in the schematic design in comparison to plans reviewed last summer and as a result of discussions with Council Committee Members Hopkins and Cochran, as well as City Manager Callinan and Director of Public Safety Dennett. He said that basically the design concept is kind of a village cluster around a central court yard in which all ground floor spaces open out onto same. He explained possible phases according to Council Committee's preferance, that growth within the building includes the School District well into the future and that plans would be sufficient for Council use with expandable potential. Discussion followed in which Council confirmed that Robinson, Mills & Williams did a good job of reducing the architecture of the Civic Center to comply with Council's request. In response to questions from Council, Mr. Mills said that a transit station could easily be incorporated into the back space. Further discussion followed regarding financing possibilities, the logic of slowing down the development to start with Phase I /Public Safety versus the full scope, and confirmation that staff should Rohnert Park City Council Minutes (10) January 23, 1990 proceed with financing possibilities for full concept. Mr. Mills stated that both time and money would be saved if the development could go together, that it was in no way an expensive or excessive structure, but a very adequate and basic office building. A motion was made by Councilman Hopkins, seconded by Councilman Cochran, and unanimouslly approved, to endorse the concept of the Rohnert Park Civic Center as presented tonight by Robinson, Mills & Williams and directed staff to proceed with researching of financing options and possibilities. General Plan Update Director of Administrative Services /Assistant to City Manager Netter explained that copies had been provided to Council of the Planning Commission draft of the General Plan, as well as staff format and details of the February 3rd Town Meeting (General Plan Open House). Assistant to the City Manager Leivo reviewed February 3rd Open House format and discussed procedures used by recent Planning Commission meetings on General Plan. He responded to questions from Council regarding same and gave comparisons for Council's consideration for its upcoming public meetings on the General Plan. Discussion followed in which Council considered several scheduling possibilities for General Plan public meetings and concurred that tonight's meeting should be adjourned to Monday, February 12 at 7:00 p.m. for a public meeting on the General Plan, as well as setting another public meeting on Tuesday, February 20th at 7:00 p.m. So-Co-Transportation Director of Administrative Services /Assistant to City Manager Netter explained that Council had been provided with copies of report dated January 11, 1990 from Nancy Burton, Chairwoman of the Transportation and Sales Tax Committee and that said report was distributed and summarized at the Mayors' and Councilmen's meeting of January 11th, 1990. He said that copies of a report had also been distributed to Council on the overview of 1989 Transportation Package which includes SCA -1. Said reports are for Council's review to respond to the Committee on its reactions and /or recommendations. Councilman Cochran said that it was premature to vote for the one - half (1/2) cent or one (1) cent on the gas tax because of the need to wait for results of the June ballot. He said that if the gas tax passes on the June ballot it would be adequate to go for the 1/2 cent proposal, but if it fails it would be necessary to go for the full cent. Discussion followed regarding the bonding provision and growth management. Communications Communications per the attached outline were brought to the attention of the 0ir,. 0ou , �r ..u�,�L.L. No action was taken unless specifically noted in these minutes. Rohnert Park City Council Minutes (11) January 23, 1990 Councilman Cochran referred to item No. 29 from Rev. George J. Russell, Chairman of Homeless Prevention Group of Cotati, Rohnert Park, and Penngrove Area regarding request for financial assistance and asked that this item be put on the agenda for the next Council meeting for consideration in the City's budget. Council concurred. City Manager's Report: City Manager Callinan called attention to the article in Western J.Park's Article Cities January magazine by James C. Park, Youth Services Specialist and Randal Collen, Youth Service Counselor with the Rohnert Park Youth Services Bureau entitled "Wise Use of Human Resources Helps Rohnert Park Cut Juvenile Crime ". Entrance /Street Signs City Manager Callinan said that the item regarding City signs was supposed to be crossed off tonight's agenda, but as an update Cultural Arts is currently reviewing proposed designs. City Attorney's Report: City Attorney Flitner explained that copies had been provided to Authorities re. Rent Council of his memo dated January 23, 1990 regarding "Authority of Appeals Board matters the Rent Review Board to set registration fees /Authority and obligations of City Council to fund Rent Review Board expenses" and shared the contents therein (a copy of which is attached to the original set of these minutes). He said this opinion was issued in response to previous request from Council. Harris Lawsuit City Attorney Flitner said that the Harris case is set for calendar call next week and that a decision should be received at that time regarding this matter. Generic Sign City Attorney Flitner referred to citation received from the State on the City's generic sign that was understood to be acceptable for certain services off the freeway such as gas, food and lodging and said that he talked with the individual at the State Department who issues permits, that there had been some litigation which he didn't want to get into at this time, but that the problem with the sign seemed to be that the State reserves blue and green as State colors and it was his understanding that the matter could be resolved if the City would change the colors on the generic sign. David Young Claim City Attorney Flitner said that a claim was received from David Young as a result of right of way taken by City for a drainage ditch at the City's north border at Snyder Lane of which Mr. Young is now requesting the installation of a fence. He said that he did not think staff has the authority to pay the claim because it wasn't brought up in the initial stages of the development when such claims were submitted. Discussion followed regarding Council's inclination to resolve the matter and concluded the need for staff to further review the claim. Council concurred to refer Mr. Young's claim to City Engineer Brust. Rohnert Park City Council Minutes (12) January 23, 1990 Matters from Council: Mayor Hollingsworth said that the National League of Cities' Natl League of Cities Annual Congressional -City Conference would be held in Washington, Ann.Congr. -City Conf. D.C. from March 3 to 6, 1990. Jt.Mtg.w /School Board Mayor Hollingsworth said that the joint meeting with the School Board held yesterday on January 22nd was a good meeting and that a great deal was accomplished. Restriction of Council Councilman Cochran referred to the City's recently published Pictures in Public Annual Report and asked if confirmation could be established Reports regarding reasons why Council members pictures could not be included in such reports since he had seen pictures of other Council members in other cities' reports. City Attorney Flitner said that he could follow up on the matter, but according to a recent publication he had noticed in the League of California Cities' Legislative Bulletin that specified new regulations adopted by the FPPC on mass mailings, and it seemed that such pictures were feared to be a form of promotion and encumbrance to anyone that's a candidate to a public office. Discussion followed regarding the pros and cons of such restrictions, suggestion to mail a copy of the FPPC regulation to cities not abiding by the regulation, and provision by staff of above - mentioned notice from the Legislative Bulletin dated January 4, 1990 (a copy of which is attached to the original set of these minutes). City Manager Callinan said that this article points out that the FPPC regulation prohibits any pictures but still allows names to be printed if such names are in a report style and not a Political promotion. Annual Report Council Member Spiro said that proof reading of City reports s',CORR.from 2/13/90 should be more thoroughly checked as there was a major spelling Council meeting: error on the ront page of the Annual Report - 0-lich vas a gra,,matical secon.4 page inside the error re tYie v\ord p r p le/ P Gang Activities cal. Council Member Spiro asked if a report could be given from Public Safety regarding gang activities to which City Manager Callinan said such discussion should be handled in closed session for the protection of names, etc. Mr. T's Academy Council Member Spiro asked for a status report at the next Council meeting regarding attempts to find a permanent home for Mr. T's Academy. Unscheduled Public Appearances Mayor Hollingsworth asked if anyone in the audience wished to make an appearance at this time. No one responded. Adjournment There being no further business, Mayor Hollingsworth adjourned the meeting at approximately 10:50 p.m. to 7:00 p.m. on February 12th for a work session on the General Plan. q. De p ;i Cit Clerk a % v � Mayor F7fty .. DRAFT STATEMENT BY MAYOR HOLLINGSWORTH January 23, 1990 In response to the comments that are circulating concerning the retirement of City Manager Pete Callinan, the Council thought it would be appropriate to issue this statement. Last October, Mr. Callinan informed the City Council G400abor of his intention to retire no later than December 1990. He indicated that he wanted to give the Council sufficient notice of his retirement and ample opportunity to fill his position. He pledged his complete cooperation with whatever process the Council chooses in designating his successor. He indicated that the time would elapse fast, and indeed it has with it almost February. During the discussion, the Council asked Mr. Callinan that should he decide to leave earlier than December 1990 that he would give the City Council at least four (4) months notice. He agreed. The Council also asked that he not announce his retirement at that time in order to give the Council some time to reflect on its options. The City Council intends to start deliberation and discussions on filling the City Manager position. The Council recognizes the appointment of the City Manager as one of its most important 1 responsibilities. The Council will also be considering what specific projects and programs it wants Mr. Callinan to concentrate on during his remaining time with the City and before we lose his skills. There are several significant projects underway at the present time which we want him to finalize. Mr. Callinan has served the City extremely well for approximately 28 years. He has been an effective City Manager who has worked well with the different City Councils. He will be missed. We trust that his remaining months with the City will be pleasurable and rewarding. The Council also has committed itself to expedite its deliberations and discussions concerning appointing a successor to Mr. Callinan so that the transition can be conducted with minimum interruption in the City's affairs. 2 (�a /- 0 INTER — OFF 2 CE MEMOEiANDLTM TO: Peter M. Callin4a. FROM: Michael L. Harrow City Mana er�:spon� ens i Finance Director Y g L(e Co�r�iltn�� .o'� do }y t0 cc: R.L. Brus.t�,,w 0it_y,,..Frr sneer DATE: January 18, 1990 RE: PROJECT NO. 1980 -04 PERFORMING ARTS CENTER PROJECT COSTS: The Clarion M. Hudis & Associates Roland Miller Associates, Architects H. Passarino, Surveying Wright Contracting MKM & Associates Lawry, Coker, DeSi lva Dan Hoffenberg (Inspector) Santa Rosa Blueprint Columbia Research & Testing Dietrich -Post Eastman 49 Minute Photo Harding Lawson Assosiates Cameras & Moore Waste Management, Inc, (trailers) Big 4 Rents Sierra Precast (masonry wall) PG &E Vamex Computer Mawson Computer Dales's Property Service Furniture Telephone system Computers & theatre management Other indoor equipment TOTAL PROJECT FUNDS: 12/31/89 Actual S 185.16 1,827.03 599,401.11 4,226.25 6,003,410.00 5,565.00 3,236.88 77,037,84 96.29 21,209.80 441.21 348.31 37.25 6,620.25 21 .97 1,451.92 503.19 52,137,60 2,627.40 2,127.46 1,409.50 2,935.00 software -------- - - - - -- S 6,786,856.42 -------- - - - - -- Revenue Sharing: Fiscal Year 1979-80 $ 8,210.53 Fiscal Year 1984 -85 3,037.25 $ 11,247.78 Est . Final Amt 185 1,827 637,000 4,226 6,747,000 5,565 3,237 100,000 96 25,000 441 348 37 7,000 22 2,000 503 58,000 2 , 627 2,127 1,410 2,935 150,000 30,000 50,000 50,000 $7,881,586 $ 11,248 PG &E Donations Capital Outlay Fund Tax Allocation Bond Loan from City 6/88 Interest earned on TOTAL 8,000.00 (1986 -87) 52,473.88 Proceeds (CDA) 1,500,000.00 (Annexation Fees) 4,500,000.00 project fund 427,348.73 $ 6,904,225.79 Balance 12/31/89 Cash Report (CDA) $ 117,369.67 -------- - - - - -- -------------- 8,000 52,474 1,500,000 4,500,000 445,000 $6,921,877 Additional funding required 5 959,709 Suggested sources of additional funding: Annexation Fees account-loan to Agency 450,000 Miscellaneous Reserve - CDA Loan Repayment account 300,000 General Fund Reserve (to be repaid when 6/90 repayment of loan principal of $300,000 is made by Agency to City) 210,000 Total other sources of additional funding $ 960,000 MEMO January 23, 1990 TO: City Council RE: Authority of the Rent Review Board to set registration fees. Authority and obligations of City Council to fund Rent Review Board expenses. The City Council has advised me to issue an opinion in response to the following questions: 1. What is the obligation of the City of Rohnert Park to contribute funds or provide personnel to the Rent Review Board. 2. If the City Council disagrees with the manner in which funding is provided, or the amount of the funding provided by the Rent Review Board for its operations, what remedies are available to the City Council? FACTS In December 1987, the electorate of the City of Rohnert Park enacted a Mobilehome Rent Control Ordinance referred to herein as Ordinance No. 494. Ordinance 494 is administered by a Rent Appeals Board. (Section 3.A. of Ordinance No. 494) The board has the power to "...set the rent ceiling for all controlled rental spaces... to require registration of all controlled rental spaces... to use city staff, issue orders, rules and regulations, conduct hearings and charge fees as set forth..." in the Ordinance. The board also has the power to "...make such studies and investigations, conduct such hearings and obtain such information as necessary to carry out its powers and duties," (Section 3.F. of Ordinance No. 494). Section 3.N. of Ordinance No. 494 provides as follows: "The board shall finance its reasonable and necessary expenses by charging landlords annual registration fees, as set by the rent board, to cover administrative costs. Such registration fees shall be passed on to tenants in the form of rent increases prorated over the year. The board is also empowered to request and receive funding, when and if necessary, from the city and /or any other available source for its reasonable and necessary expenses." 1 Section 3.M. of Ordinance No. 494 provides as follows: "The board shall employ the existing staff to perform its functions efficiently, in order to fulfill the purposes of this chapter." THE LAW With regard to the interpretations of Ordinance No. 494 the legislature has stated that "...the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all." California Code of Civil Procedure Section 1858. When construing a statute the intention of the legislature should be pursued and a particular intention prevails over a general intention. CCP Section 1859. If a statute has a "plain meaning" the obligation of the court is to express that meaning. Edgington v. County of San Diego (1981) 118 Cal.App.3d 39, 46, 173 Cal.Rptr. 225. OPINION In my opinion I should be governed by the same rules as the court, i.e. if the Ordinance plainly expresses its objective then that intention should be expressed and the ordinance should not be interpreted by me. With the foregoing in mind it is noted: 1. Ordinance No. 494 (Section 3.N.) provides that the board shall finance its necessary expenses. 2. Section 3.M. of Ordinance No. 494 provides that the board shall employ existing staff. 3. Section 3.F. of Ordinance No. 494 empowers the board ... to use city staff..." among other things. Based on the foregoing it is my opinion that the board is directed to use city employees and to provide for reasonable compensation for their use. It is true that city staff are available during the work day and a point of the view can be advanced to the effect that available city personnel who are present anyway can provide time to the board since the staff is available. This point of view assumes that city staff would be doing nothing were it not for board activities. If that is the case the point may be well taken. If that is not the case then, Ordinance No. 494 directs the board to employ city staff. The term "employ" means 101. To make use of; to use. 2. To make use of the services of. 3. To occupy; devote; as, to employ time in study... (2) Employ, hire means to engage for work. Employ, however, stresses the use of a person's services; hire, the act of engaging a person's services for compensation." Based on the above it is my opinion that Ordinance No. 494 authorized the board to assess registration fees sufficient to cover all of its costs including city staff employed by it. While it is true that Section 3.N. of Ordinance No. 494 empowers the board "...to request and receive funding, when and if necessary from the city and /or any other available source, for its reasonable and necessary expenses" I find nothing in Ordinance No. 494 that orders the city or the city council to pay public funds to the board. The determination by the city council as to whether to contribute funds to the board and the amount of any contribution is, in my opinion, a political question not a legal question. The resolution of that question is a matter for the city council. If the city charges for its staff, and as stated I believe it is legally entitled to do so and Ordinance No. 494 so allows, and if the board refuses to assess adequate registration fees to cover its costs then in my opinion there are two (2) possible solutions: 1. The joint meeting with the board and city council to resolve differences of opinion, if any. 2. If the city council requests the board to fund the total cost of administering Ordinance No. 494, and if the board fails or refuses to do so then the remedy of the city council is, in my opinion, to replace or appoint members to the board who reflect city council thinking in this area. Respectfully submitted, John D. Flitner City Attorney 9 . J M' -2 U; VITO MUM 072 Z?4-M4 The Fair Political Practices Commission recently adopted revisions to their mass mailing regulations, which were originally adopted in early 1988 to implement the mass mailing prohibition in Proposition 73. The revised format and more definitive provisions should assist city officials in applying its provision and lessen the existing confusion regarding the situations where it is permissible to include re vc to the elected officer's name and position. The major features of the revised regulations apply to mass mailing-documents-or items that are intended to be delivered to a person's home or office thereby excluding the situation where a person is handed materials at city hall or a public meeting. Announcements of public meetings or events may include any pertinent information, with the only restriction that the name of the elected officer may appear either in the letterhead or a roster listing, as well as in a text of such notice. The regulations still include the restriction that such notices may not be signed by the elected officer. This remedies public meeting notice restrictions in the prior version that created many practical problems in providing information about the meeting. The revised regulations also includes a more definitive provision of the terms "substantially similar" and "unsolicited request ". The revised regulations mass of a photogi e name or pi M mcie witmn a ci qwi„ . rx as tog ne name or osition is not he� ac-i�ine of tie article or m bold or capital letters n the text two the art regulation still retains the ability of cities to use letterhead or a roster in any mass mailing. A copy of the revise re a is a of imp%menta o of the regulation can either be directed to the FPPC at League's Sacramento office. ny etectea „nicer in a tcer in the text o an red "fi.e., name in the n addition, the revised of the elected officials ' Questions regarding 916/322 -5901 or the 5 January 4, 1990 FPPC MASS MAILING REGULATION Adopted 12/13/89 18901. Mass Mailings Sent at Public Expense. (a) Except as provided in subdivision (b), a mailing is prohibited by Section 89001 if all of the following criteria are met: (1) Any item sent is delivered, by any means, to the recipient at his or her residence, place of employment or business, or post office box. For purposes of this subdivision (a)(1), the item delivered to the recipient must be a tangible item, such as a videotape, record, or button, or written document. (2) The item sent either: (A) ] gat . res an elected officer affiliated with the agency which produces or sends the mai mg, or (B) Includes the name, office, photograph, or other reference to an elected officer affiliated with the agency which produces or sends the mailing and is prepared or sent in cooperation, consultation, coordination, or concert with t"tie elected officer; _ ....__ _ ._ (3) (A) Any of the costs of distribution is paid for with public moneys; or (B) Costs of design, production, and printing exceeding $50.00 are paid with public moneys, and the design, production, or printing is done with the intent of sending the item other than as permitted by this regulation. (4) More than two hundred substantially similar items are sent, in a single calendar month, excluding any item sent in response to an unsolicited request and any item described in subdivision (b); (b) Notwithstanding subdivision (a), mass mailing of the following items is not prohibited by Section 89001: (1) Any item in which the elected officer's name appears only in the letterhead or logotype of bt.=tionery, forms (including "For Your Information" or "Comp iirments of' cards), and envelopes of the agency sending the mailing, or of a committee of the agency or of the elected officer, or in a roster listing containing the names of all elected officers of i ggency. In any such item, the names of all elected o ficers must appear in the type size, typeface, and type color and 7ocation. Such item may not include the elected officer's photograph, signature, or any other reference to the elected officer, except as specifically permitted in this subdivision (a)(1) or elsewhere in this regulation. (2) A press release sent to members of the media; (3) Any item sent in the normal course of business from one governmental entity or officer to another governmental entity or officer; (4) Any intra- agency communication sent in the normal course of business to employees, officers, deputies, and other staff; (5) Any item sent in connection with the payment or collection of funds by the agency sending the mailing, including tax bills, checks, and similar documents, in any instance where use of the elected officer's name, office, title, or signature is necessary to the payment or collection of the funds. Such item may not include the elected officer's photograph,. signature, or any other reference to the elected officer except as specifically permitted in this subdivision (b)(5) or elsewhere in this regulation. (6) Any item sent by an agency responsible for administering a government program, to persons subject to that program in any instance where the mailing of such item is essential to the functioning of the program where the item does not include the elected officer's photograph; and where use of the elected officer's name, office, title, or signature is necessary to the functioning of the program. (7) Any legal notice or other item sent as required by law, court order, or order adopted by an administrative agency pursuant to the Administrative Procedure Act, and in which use of the elected officer's name, office, title, or signature is necessary in the notice or other mailing. For purposes of this subdivision (b)(7), inclusion of an elected officer's name on a ballot as a candidate for elective office, and inclusion of an elected officer's name and signature on a ballot argument, shall be considered necessary to such a notice or other item. (8) A telephone directory, organization chart, or similar listing or roster which includes the names of elected officers as well as other individuals in the agency sending the mailing, where the name of each elected officer and individual listed appears in the same type size, typeface, and type color. Such item may not include an elected officer's photograph, name, signature, or any other reference to an elected officer, except as specifically permitted in this subdivision (b)(8) or elsewhere in this regulation. (9) (A) An announcement of any meeting or event of the type listed in paragraphs (i) or (ii). (i) An announcement sent to an elected officer's constituents concerning a public meeting which is directly related to the elected officer's incumbent governmental duties, which is to be held by the elected officer, and which the elected officer intends to attend. (ii) An announcement of any official agency event or events for which the agency is providing the use of its facilities or staff or other financial support. -2- (B) Any announcement provided for in subdivision (9) shall not include the elected officer's photograph or signature and may include only a single mention of the elected officer's name, except as permitted elsewhere in this regulation. (10) An agenda or other writing that is required to be made available pursuant to Sections 11125.1 and 54957.5 of the Government Code, or a bill, file, history, journal, committee analysis, floor analysis, agenda of an interim or special hearing of a committee of the Legislature or index of legislation, published by the Legislature. (11) A business card which does not contain the elected officer's photograph or more than one mention of the elected officer's name. (c) The following definitions shall govern the interpretation of this regulation. (1) "Elected officer affiliated with an agency" means an elected officer who is a member, officer, or employee of the agency, or of a subunit thereof such as a committee, or who has supervisory control over the agency, or who appoints one or more members of the agency. (2) "Features an elected officer" means that the item mailed includes the elected officer's photograph or signature, or singles out the elected officer by the manner of display of his or her name or office in the layout of the document, such as by headlines, captions, type size, typeface, or type color. (3) "Substantially similar" is defined as follows: (A) Two items are "substantially similar" if any of the following applies: (i) The items are identical, except for changes necessary to identify the recipient and his or her address. (ii) The items are intended to honor, commend, congratulate, or recognize an individual or group, or individuals or groups, for the same event or occasion; are intended to celebrate or recognize the same holiday; or are intended to congratulate an individual or group, or individuals or groups, on the same type of event, such as birthdays or anniversaries. (iii) Both of the following apply to the two items mailed: a. Most of the bills, legislation, governmental action, activities, events, or issues of public concern mentioned in one item are mentioned in the other. b. Most of the information contained in one item is contained in the other. 1511 (B) Enclosure of the same informational materials in two items mailed, such as copies of the same bill, public document, or report, shall not, by itself, mean that the two items are "substantially similar." Such informational materials may not include the elected officer's name, photograph, signature, or any other reference to the elected officer except as permitted elsewhere in this regulation. (4) "Unsolicited request" is defined as follows: (A) A written or oral communication (including a petition) which specifically requests a response and which is not requested or induced by the recipient elected officer or by any third person acting at his or her hV X11 ahest. Io'�.^wever, an unsolicited oral or written com-munication (including a petition) which contains containing no specific request for a response, will be deemed to constitute an unsolicited request for a single written response. (B) An unsolicited request for continuing information on a subject shall be considered an unsolicited request for multiple responses directly related to that subject for a period of time not to exceed 24 months. An unsolicited request to receive a regularly published newsletter shall be deemed an unsolicited request for each issue of that newsletter. (C) A previously unsolicited request to receive an agency newsletter or mass mailing on an ongoing basis shall not be deemed to have become solicited by the sole fact that the requestor responds to an agency notice indicating that in the absence of a response, his or her name will be purged from the mailing list for that newsletter or mass mailing. A notice in the following language shall be deemed to meet this standard: "The law does not permit this office to use public funds to keep you updated on items of interest unless you specifically request it do so." Inclusion of a similar notice in other items shall not constitute a solicitation under this regulation. (D) A communication sent in response to an elected officer's participation at a public forum or press conference, or to his or her issuance of a press release, shall be considered an unsolicited request. (E) A person who subscribes to newspapers or other periodicals published by persons other than elected officers shall be deemed to have made unsolicited requests for materials published in those subscription publications. Authority: Section 83112 of the Government Code. Reference: Sections 82041.5 and 89001 of the Government Code. -4- r :rt _ _ _ _uMt!!Y l4li1 }A� ` e f d The Fair Political Practices Commission recently adopted revisions to their mass mailing regulations, which were originally adopted in early 1988 to implement the mass mailing prohibition in Proposition 73. The revised format and more definitive provisions should assist city officials in applying its provision and lessen the existing confusion regarding the situations where it is permissible to include refeTV097o the elected officer's name and position. The major features of the revised regulations apply to mass mailin g documents .-or items that are intended to be delivered to a person's home or office, thereby excluding the situation where a person is handed materials at city hall or a public meeting. Announcements of public meetings or events may include any pertinent information, with the only restriction that the name of the elected officer may appear either in the letterhead or a roster listing, as well as in a text of such notice. The regulations still include the restriction that such notices may not be signed by the elected officer. This remedies public meeting notice restrictions in the prior version that created many practical problems in providing information about the meeting. The revised regulations also includes a more definitive provision of the terms "substantially similar" and "unsolicited request ". The revised regulations mass mailing but still i e w"'Min a ci ntv�eu of a of a ine name or position of an e o icer in the text o ari _ he name or o� si o is not "featured "�i.e., name in the Headline of the article or in bold or capital letters m t e text o the artic e). In addition, the revised regulation still retains the ability of cities to use letterhead or a roster listing of the elected officials in any mass mailiniz. A copy of the revise re atIZ5ff is a c e . Questions regarding imp eln ne ion o e regulation can either be directed to the FPPC at 916/322 -5901 or the League's Sacramento office. 5 January 4, 1990 FPPC MASS MAILING REGULATION Adopted 12/13/89 18901. Mass Mailings Sent at Public Expense. (a) Except as provided in subdivision (b), a mailing is prohibited by Section 89001 if all of the following criteria are met: (1) Any item sent is delivered, by any means, to the recipient at his or her residence, place of employment or business, or post office box. For purposes of this subdivision (a)(1), the item delivered to the recipient must be a tangible item, such as a videotape, record, or button, or written document. (2) The item sent either: (A) l t res an elected officer affiliated with the agency which produces or sends the " mg, or (B) Includes the name, office, photograph, or other reference to an elected officer affiliated with the agency which produces or sends the mailing and is prepared or sent in cooperation, nconsultation,j coordination, or concert with tre elected officer; 4 (3) (A) Any of the costs of distribution is paid for with public moneys; or (B) Costs of design, production, and printing exceeding $50.00 are paid with public moneys, and the design, production, or printing is done with the intent of sending the item other than as permitted by this regulation. (4) More than two hundred substantially similar items are sent, in a single calendar month, excluding any item sent in response to an unsolicited request and any item described in subdivision (b); (b) Notwithstanding subdivision (a), mass mailing of the following items is not prohibited by Section 89001: (1) Any item in which the elected officer's name appears only in the letterhead or logotype lionery, forms (including "For Your Information" or "Comp iments of cards), and envelopes of the agency sending the mailing, or of a committee of the agency or of the elected officer, or in a roster listing containing the names of all elected officers of — agency. In any such item, the names of all elected officers must appear in the type size, typeface, and type color and "oration. Such item may not include the elected officer's photograph, signature, or any other reference to the elected officer, except as specifically permitted in this subdivision (a)(1) or elsewhere in this regulation. (2) A press release sent to members of the media; (3) Any item sent in the normal course of business from one governmental entity or officer to another governmental entity or officer; (4) Any intra - agency communication sent in the normal course of business to employees, officers, deputies, and other staff; (5) Any item sent in connection with the payment or collection of funds by the agency sending the mailing, including tax bills, checks, and similar documents, in any instance where use of the elected officer's name, office, title, or signature is necessary to the payment or collection of the funds. Such item may not include the elected officer's photograph, signature, or any other reference to the elected officer except as specifically permitted in this subdivision (b)(5) or elsewhere in this regulation. (6) Any item sent by an agency responsible for administering a government program, to persons subject to that program in any instance where the mailing of such item is essential to the functioning of the program where the item does not include the elected officer's photograph; and where use of the elected officer's name, office, title, or signature is necessary to the functioning of the program. (7) Any legal notice or other item sent as required by law, court order, or order adopted by an administrative agency pursuant to the Administrative Procedure Act, and in which use of the elected officer's name, office, title, or signature is necessary in the notice or other mailing. For purposes of this subdivision (b)(i), inclusion of an elected officer's name on a ballot as a candidate for elective office, and inclusion of an elected officer's name and signature on a ballot argument, shall be considered necessary to such a notice or other item. (8) A telephone directory, organization chart, or similar listing or roster which includes the names of elected officers as well as other individuals in the agency sending the mailing, where the name of each elected officer and individual listed appears in the same type size, typeface, and type color. Such item may not include an elected officer's photograph, name, signature, or any other reference to an elected officer, except as specifically permitted in this subdivision (b)(8) or elsewhere in this regulation. ( >) (A) An announcement of any meeting or event of the type listed in paragraphs (i) or (ii). (i) An announcement sent to an elected officer's constituents concerning a public meeting which is directly related to the elected officer's incumbent governmental duties, which is to be held by the elected officer, and which the elected officer intends to attend. (ii) An announcement of any official agency event or events for which the agency is providing the use of its facilities or staff or other financial support. -2- (B) Any announcement provided for in subdivision (9) shall not include the elected officer's photograph or signature and may include only a single mention of the elected officer's name, except as permitted elsewhere in this regulation. (10) An agenda or other writing that is required to be made available pursuant to Sections 11125.1 and 54957.5 of the Government Code, or a bill, file, history, journal, committee analysis, floor analysis, agenda of an interim or special hearing of a committee of the Legislature or index of legislation, published by the Legislature. (11) A business card which does not contain the elected officer's photograph or more than one mention of the elected officer's name. _ (c) The following definitions shall govern the interpretation of this regulation. (1) "Elected officer affiliated with an agency" means an elected officer who is a member, officer, or employee of the agency, or of a subunit thereof such as a committee, or who has supervisory control over the agency, or who appoints one or more members of the agency. (2) "Features an elected officer" means that the item mailed includes the elected officer's photograph or signature, or singles out the elected officer by the manner of display of his or her name or office in the layout of the document, such as by headlines, captions, type size, typeface, or type color. (3) "Substantially similar" is defined as follows: (A) Two items are "substantially similar" if any of the following applies: (i) The items are identical, except for changes necessary to identify the recipient and his or her address. (ii) The items are intended to honor, commend, congratulate, or recognize an individual or group, or individuals or groups, for the same event or occasion; are intended to celebrate or recognize the same holiday; or are intended to congratulate an individual or group, or individuals or groups, on the same type of event, such as birthdays or anniversaries. (iii) Both of the following apply to the two items mailed: a. Most of the bills, legislation, governmental action, activities, events, or issues of public concern mentioned in one item are mentioned in the other. b. Most of the information contained in one item is contained in the other. -3- (B) Enclosure of the same informational materials in two items mailed, such as copies of the same bill, public document, or report, shall not, by itself, mean that the two items are "substantially similar." Such informational materials may not include the elected officer's name, photograph, signature, or any other reference to the elected officer except as permitted elsewhere in this regulation. (4) "Unsolicited request" is defined as follows: (A) A written or oral communication (including a petition) which specifically requests a response and which is not requested or induced by the recipient elected officer or by any third person acting at his or her behest. However, an unsolicited oral or written communication (including a petition) which contains containing no specific request for a response, will be deemed to constitute an unsolicited request for a single written response. (B) An unsolicited request for continuing information on a subject shall be considered an unsolicited request for multiple responses directly related to that subject for a period of time not to exceed 24 months. An unsolicited request to receive a regularly published newsletter shall be deemed an unsolicited request for each issue of that newsletter. (C) A previously unsolicited request to receive an agency newsletter or mass mailing on an ongoing basis shall not be deemed to have become solicited by the sole fact that the requestor responds to an agency notice indicating that in the absence of a response, his or her name Will be purged from the mailing list for that newsletter or mass mailing. A notice in the following language shall be deemed to meet this standard: "The law does not permit this office to use public funds to keep you updated on items of interest unless you specifically request it do so." Inclusion of a similar notice in other items shall not constitute a solicitation under this regulation. (D) A communication sent in response to an elected officer's participation at a public forum or press conference, or to his or her issuance of a press release, shall be considered an unsolicited request. (E) A person who subscribes to newspapers or other periodicals published by persons other than elected officers shall be deemed to have made unsolicited requests for materials published in those subscription publications. Authority: Section 83112 of the Government Code. Reference: Sections 82041.5 and 89001 of the Government Code. -4-