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.
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(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.
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