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HomeMy WebLinkAbout2009/03/17 Item 7 CITY COUNCIL AGENDA STATEMENT ~(~ C1TYOF . · - (HULA VISTA DATE, Item~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A TICKET DISTRIBUTION POLICY ASSISTANT CITY MANAGER ",. T CITY MANAGER c::::,. '7" -h, r T S SUBMITTED BY: REVIEWED BY: SUMMARY Effective February 7, 2009, the Fair Political Practices Commission ("FPPC") amended Regulation 18944.1, addressing tickets for admission to entertainment or recreational events distributed by an agency to, or at the behest of, its officials. The recommended policy is intended to comply with the new Regulation. 4/5THS VOTE: YES D NO 0 ENVIRONiVIENT AL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity, adoption ofa ticket distribution policy, is not a "Project" as defined under Section 15378(b)(5) of the State CEQA Guidelines because it does not involve any physical changes to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION City Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION On December 11, 2008, the Fair Political Practices Commission ("FPPC") amended Section 18944.1 of the California Code of Regulations, regarding the distribution of tickets or passes by a public agency to its officials. Section 18944.1, as amended, became effective February 7, 2009 and sets forth the conditions under which a ticket or pass distributed to, or at the behest of, an agency official will not be treated as a gift under the Political Reform Act and FPPC regulations. 7-1 DATE,Item_ Page 2 of2 It also requires the agency to adopt a policy governing ticket distribution and to post information on its website for each ticket that it distributes. The amended Regulation is intended to close a perceived "loophole" in the prior regulation. Specifically, before it was amended, Regulation 18944.1 allowed an agency to distribute tickets to its employees and officials for personal use. So long as the agency kept a record of who received the tickets, the gift limits and disclosure requirements of the Political Reform Act CPRA") did not apply. The amended Regulation requires that tickets distributed by an agency to, or at the behest of, an agency official be treated as gifts under the PR.A. unless the tickets are treated as income, or the use of the ticket serves a specific public purpose. Regulation 18944.1 applies to all tickets distributed by the City, whether the City obtains them by gift, purchase, pursuant to a contract or because the City controls the event. The Regulation specifically states that a ticket provided to an official by a source other than the City for admission to an event at which the official performs a ceremonial role on behalf of the City is not a gift. The Regulation requires the City to adopt a policy containing the following: (i) the public purposes of the agency to be accomplished by distribution of tickets; (ii) a requirement that distribution of a ticket by, or at the behest of an official, accomplish a public purpose of the agency; and (iii) a prohibition against transferring tickets, except to an immediate family member . of the official. The Regulation also institutes a new form (FPPC Form 802) to be completed by the City within 30 days of ticket distribution. The policy and the completed forms must be posted on the City's website. The City of Chula Vista is a party to a sublease for the venue commonly known as "Cricket Amphitheater." Pursuant to the terms of that sublease, the City receives 24 tickets to each event promoted by the sublessee and held at Cricket Amphitheater. In addition, from time-to-time, the City may purchase or receive tickets or passes for admission to other events, and receives additional "vouchers" for general admission to Cricket events. Accordingly, City staff has prepared a draft policy for the Council's consideration. The proposed policy conforms to the requirements of Regulation 18944.1 and makes the City Manager, or designee, responsible for implementing the Policy. Staff recommends adoption of the policy to ensure FPPC compliance. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(I) is not applicable to this decision. FISCAL IMP ACT No impact to the General Fund is expected from this action. A TT ACHMENTS Attachment A - Proposed City Council Ticket Distribution Policy Prepared by: Scott Tulloch, Assistant City Manager, City Manager's Office 7-2 SUBJECT: Distribution of Tickets or Passes COUNCIL POLICY CITY OF CHULA VISTA POLICY NUlYIBER 161.0 I EFFECTIVE DATE 07 -14-98 PAGE 10f3 ADOPTED BY: Resolution No. 19072 I DATED: 07-14-98 AlYIENlJED BY: Resolution No. (date of resolution) BACKGROUND On December 11, 2008, the Fair Political Practices Commission ("FPPC") amended Section 18944.1 of the California Code of Regulations, regarding the distribution of tickets or passes by a public agency to its officials. Section 18944.1, as amended, became effective February 7, 2009 and sets forth the conditions under which a ticket or pass distributed to, or at the behest of, an agency official will not be treated as a gift under the Political Reform Act and FPPC regulations. It also requires the agency to adopt a policy governing ticket distribution and to post information on its website for each ticket that it distributes. The City of Chula Vista is a party to a sublease for the venue commonly known as "Cricket Amphitheater." Pursuant to the terms of that sublease, the City receives 24 tickets to each event promoted by the sublessee and held at Cricket Amphitheater. In addition, from time-to-time, the City may purchase or receive tickets or passes for admission to other events and receives vouchers for general admission to Cricket events. Accordingly, the City adopts this Policy, in compliance with Section 18944.1. This Policy shall govern the distribution of tickets and passes by the City and shall supersede any other City policies, practices or procedures relating to tickets provided by the City to, or at the behest of, City Officials. POLICY 1. PURPOSE OF POLICY The purpose of this Policy is to ensure that all tickets and passes provided to the City shall be distributed to accomplish public purposes of the City, as identified in this Policy. II. ApPLICA TrON OF POLICY A. As used in this Policy, the term "Ticket" shall mean: tickets or passes that provide admission to a facility or event for entertainment, amusement, recreation or similar purposes, and are obtained by the City through one of the following means: 1. gifted by an outside source; 2. purchased by the City; 3. given to the City pursuant to the terms of a contract for the use of public property; or 4. made available to the City due to the City's contiol of the event. 7-3 Distribution of Tickets or Passes COUNCIL POLICY CITY OF CHULA VISTA POLICY NUMBER SUBJECT: 161.01 EFFECTIVE . DATE 07-14-98 PAGE 20D ADOPTED BY: Resolution No. 19072 I DATED: 07-14-98 AlVIENDED BY: Resolution No. (date ofresolution) B. This Policy does not apply to: 1. tickets provided to a City Official I by an outside source to an event at which the Official performs a ceremonial role or function on behalf of the City; 2. tickets provided to an Official by sources other than the City; 3. tickets for which the Official pays the City the value of the ticket. III. POLICY PROVISIONS A. . Ticket Distribution. The City may distribute Tickets to City Officials under the following conditions: 1. the City Official treats the Tickets as income consistent with applicable state and federal income tax laws; or 2. the City Official uses, or directs, the Tickets to be used for one or more of the following public purposes: a. promotion of the City as a good place to live, work, do business or recreate; b. recognition of exceptional City employees and community leaders for their contributions to the well-being of the City; c. support of local, and locally active, non-profit organizations, and their programs, which are dedicated to charitable, educational, cultural and social service activities; d. promotion of local and regional businesses, economic development and tourism activities within the City; e. marketing of City-controlled or sponsored events, activities or programs; f. attendance at events sponsored by other governmental agenCIes, industry groups and non-profit organizations for the purpose of meeting and conferring with other governmental officials or business representatives regarding issues of interest to, or affecting, the City; The term "City Official" shall refer to the City's "Public Officials," as that term is defined in California Government Code 32048 and Fair Political Practices Commission Regulation 918701, and shall include all commission and board members, or :her elected or appointed officials, and employees required to file an annual Statement of Economic Interests (FPPC Form JO). 7-4 SUBJECT: Distribution of Tickets or Passes COUNCIL POLICY CITY OF CHULA VISTA POLICY NUl\tlBER 161.01 EFFECTIVE DATE 07 -14-98 PAGE. 3 on ADOPTED BY: Resolution No. 19072 Al'iENDED BY: Resolution No. (date of resolution) I DATED: 07-14-98 g. information-gathering and education regarding matters of local, regional or state-wide concern that affect the City; h.. recognition of residents or local businesses, governmental agencies or community servIce organizations for providing services or benefits to the City, its residents or businesses; 1. promotion of City programs, resources or facilities available for public use; J. exchange programs with foreign officials or dignitaries; k. employment retention, recognition or appreciation; or 1. attendance of one member of the City Official's immediate family (spouse, child or parent) to accompany the Official to any of the above events. B. Prohibition Against Transfer. A City Official who receives a Ticket pursuant to this Policy is prohibited from transferring or selling the Ticket to any other person, except to a member of the Official's immediate family (spouse, child or parent) for the family member's personal use. C. City Manager Duties. 1. The City Manager, or designee, shall be responsible for implementing this Policy. The City Manager shall oversee the distribution of Tickets in compliance with this Policy and is authorized to take all steps necessary to ensure that Ticket recipients are aware of, and comply with, this Policy. 2. The City Manager is designated as the "Agency Head" for purposes of completing and posting FPPC Form 802. 3. In the event that the City Manager desires to obtain a Ticket for his or her use, the City Council authorizes the City Manager to exercise the City's discretion in determining whether the City Manager's use of Tickets is in accordance with this Policy. IV. POSTING AND DISCLOSURE REQUIREMENTS This Policy shall be posted on the City's website. Within 30 days of distributing Tickets pursuant to this Policy, the City Manager, or designee, shall complete FPPC Form 802 and post the completed form on the City's website. Attachment: California Form 802 7-5 Tickets Provided by Agency Report 1. Agency Name A Public Document TICKETS PROVIDED BY AGENCY REPORT Date Stamp Far Official Use Only Division, Department, or Region (if applicable) Street Address Area Code/Phone Number E-mail D Amendment (Must explain in Pan 5.) Agency Contact (name and lit/e) Date of Original Filing: (month, oay, year) 2. Event For Which Tickets Were Distributed Date(s) of Event: --1--1_ Description of Event: --1--1~ Face Value of Ticket: $ Agency Event DYes o No (Identify source of tickets below.) Name of Outside Source of Ticket(s) Provided to Agency: Number of Tickets Received: Ticket(s) Provided to Agency: 0 Gratuitously o Pursuant to Contract 3. Agency Official(s) Receiving Ticket(s) (use a continuation sheet for additionai names) Name of Official Number State Whether the Distribution is Income to the Official or (Last, First) of Tickets Describe the Public Purpose for the Distribution 4. Individual or Organization Receiving Ticket(s) (Provided at the behest of an agency officiaL) Name of Behesting Agency Official: Name of Individual or Organization: Number of Tickets: Description of Organization: Address of Organization: Number and Street City State Zip Code Purpose for Distribution: (Describe the public purpose for the distribution to the organization.) 5. Verification I have determined that the distribution of tickets set forth above is in accordance 'with the provisions of FPPC Regulation 18944.1. Signature of Agency Head or Designee Print Name Title (month, day. year) Comment: (Use this space or an attachment for any additional information including amendment explanation.) FPPC Form 802 (FebI09) FPPC Toll-Free Helpline: 866/ASK.FPPC 1866/275-3772) 7-6 Tickets Provided by Agency Report A Public Document This form is for use by all state and local government agencies to disclose the distribution of tickets or passes that allow admission to facilities, events, shows, or performances for entertainment, amusement, recreational, or similar purposes. The agency must complete Form 802 identifying agency officials who receive tickets or passes from the agency as well as other individuals and organizations that receive tickets or passes at the behest of agency officials. Form 802 must be posted in a prominent fashion on the agency's website. Gifts of Tickets or Passes to Public Officials FPPC Regulation 18944.1 sets out the circumstances under which an agency's distribution of tickets or passes to or at the behest of an official in the agency does not result in a gift to the official. (Regulation 18944.1 is available; on the FPPC web site at wvvw.fppc.ca.gov.) Even though the distribution of tickets or passes to a public official under the regulation is not a gift to the official, the agency must disclose the distribution on Form 802. The official does not have to disclose tickets or passes received or distributed under the regulation on his or her Statement of Economic Interests (Form 700), but tickets or passes received or distributed by the official that do not fall under the regulation may be subject to disclosure on the official's Form 700 and subject to gift limits. Posting Form 802 The Form 802 must be posted on the agency's website within 30 days after the distribution. If the agency does not maintain a website, the form must be maintained by the agency as a public record, be available for public inspection and copying, and be forwarded to the FPPC for posting on its website. Part 1. Agency Identification List the agency's name, address and the name of an agency contact. Mark the amendment box if changing any information on a previously filed form and include the date of the original filing. Part 2. Event For Which Tickets Were Distributed Provide the date(s) of the event, a description of the event. and the face value (i.e. the cost to the public) of the ticket or pass. Check the box indicating whether the event was an "agency event" (such as a county fair, or an event for which the agency purchased tickets). If the agency received the tickets from an outside source, identify the source, the number of tickets received, and check the box to identify whether the tickets or passes were provided to the agency: Gratuitously; or Pursuant to a contract. Part 3. Agency Official(s) Receiving Ticket(s) Disclose the name of each agency official that received a ticket or pass and the number of tickets or passes the official received. Also state whether the distribution is income to the official or describe the public purpose for which the official received the tickets or passes. Part 4. Individual or Organization Receiving Ticket(s) If tickets or passes were distributed to an individual or organization outside the agency, at the behest of an official of the agency, provide the name of the official. Disclose the name(s) of the individuals(s) who received the tickets or passes and the number of tickets or passes provided. If the tickets or passes were provided to an organization, the agency may post the name, address, a description of the organization, and the number of tickets or passes provided to the organization in lieu of posting the name of each individual that received a ticket or pass. Also, describe the public purpose for the distribution to the individuai or organization. Part 5, Verification The agency head or his or her designee must sign the form. Privacy Information Notice Information requested on all FPPC forms is used by the FPPC to administer and enforce the Political Reform Act (Government Code Sections 81000-91014 and California Code of Regulations Sections 18109-18997). All information required by these forms is mandated by the Political Reform Act. Failure to provide all of the information required by the Act is a violation subject to administrative, criminal, or civil prosecution. All reports and statements provided are public records open for public inspection and reproduction. If you have any questions regarding this Privacy Act Notice, please contact the FPPC. General Counsel Fair Political Practices Commission 428 J Street, Suite 620 Sacramento, CA 95814 (916) 322-5660 FPPC Form 802 (Feb/09) FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772) 7-7 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY Of CHULA VISTA ADOPTING A TICKET DISTRIBUTION POLICY W'HEREAS, effective February 7, 2009, the Fair Political Practices Commission ("FPPC") amended Regulation 18944.1, addressing tickets for admission to entertainment or recreational events distributed by an agency to, or at the behest of, its officials; and W'HEREAS, the amended Regulation provides that a ticket distributed by an agency to, or at the behest of, an agency official is not a gift under the Political Reform Act it the ticket is treated as income by the official, or the official's use of the ticket serves a specific public purpose; and WHEREAS, Regulation 18944.1 applies to all tickets distributed by the City, whether they were gifted to the City, purchased by the City or obtained pursuant to a contract or because the City controls the event; and WHEREAS, the'Regulation does not apply to tickets provided to an official by a source other than the City for admission to an event at which the official performs a ceremonial role on behalf of the City; and WHEREAS, the Regulation requires the City to adopt a policy containing the following: (i) the public purposes of the agency to be accomplished by distribution of tickets; (ii) a requirement that distribution of a ticket by, or at the behest of an official, accomplish a public purpose of the agency; and (iii) a prohibition against transferring tickets, except to an immediate family member of the official; and WHEREAS, the Regulation institutes a new form (FPPC Form 802) to be completed by the City within 30 days of ticket distribution and requires that the policy and completed forms be posted on the City's website. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby adopts a ticket distribution policy. Presented by Approved as to form by Jim Sandoval City Manager ?J t 1'(/7'1 7-8