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HomeMy WebLinkAboutResolution - 3247 STATE OF CALIFORNIA ) RESOLUTION NO. 3247 COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ADOPTING A DISTRIBUTION POLICY FOR TICKETS AND/OR PASSES IN THE FURTHERANCE OF THE CITY'S REASONABLY DEFINED PUBLIC PURPOSES WHEREAS, every California city by and through its governing body and other public officials, is empowered to exercise all powers necessary or appropriate to a municipal corporation for the general welfare of its inhabitants which are not prohibited by the California Constitution; and WHEREAS, the City of San Jacinto operates in a highly-competitive environment to grow and maintain its reputation as a vibrant place to live, work and do business and as a desirable visitor destination center and therefore, the City must take proactive steps to attract private and public investment in a matter that best maximizes the City's investment of public resources; and WHEREAS, as part of the City's development and marketing strategies, the City Council cultivates opportunities to showcase the City's unique attributes including, but not limited to the City's business development climate, local tourism base, its highly trained workforce, open government and its diverse array of local attractions, cultural and civic events; and WHEREAS, from time to time, the City receives "tickets or passes" from third party sources, both public and private; and WHEREAS, under Title 2 of the California Code of Regulations, Section 18944.1 ("Section 18944.1") these tickets and/or passes are defined as an admission to a facility, event, show or performance for an entertainment, amusement, recreational, or similar purpose; and WHEREAS, on December 11, 2008, the Fair Political Practices Commission ("FPPC") adopted new regulations that set up the circumstances under which the receipt of tickets and passes by a public official would need to disclosed by the City and the circumstances they would be distributed to public officials and not trigger disclosure requirements for the purposes of the public official's Statement of Economic Interests ("Form 700"); and WHEREAS, the City finds that the receipt of all such tickets and/or passes are public resources; and WHEREAS, the City desires to distribute these public resources in a manner that furthers the City's governmental and public purposes as reasonably described herein, Page 1 of 3 such as the promotion of local businesses, community resources, programs and facilities; and WHEREAS, according to Section 18944.1 these tickets and/or passes are not gifts to "public officials" if these tickets and/or passes are disseminated in accordance with a duly adopted written policy if such distribution is made under Section 18944.1, subdivision (b)(2); and WHEREAS, the FPPC has clearly stated that it recognizes the discretion of the legislative or governing body of an agency to determine whether the distribution of tickets and/or passes serves a legitimate public purpose of the City, provided that the determination is consistent with state law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO RESOLVES AS FOLLOWS: Section 1. Distribution Policy. The City Council hereby adopts the following Tickets and/or Passes Distribution Policy attached to this resolution. Section 2. City Manager. The City delegates the authority to distribute any tickets and/or passes in accordance with this policy to the City Manager or his designee. In such case, where the City Manager desires to obtain a ticket or pass, the City Council authorizes the Mayor to exercise the City's sole discretion in determining whether the City Manager's use or behest of tickets and/or passes is in accordance to the terms of this policy. Section 3. Effective Date. This Resolution shall become effective upon its adoption. PASSED,APPROVED AND ADOPTED this 5th day of March, 2009. Ayes: Ayres, Di Memmo, Potts, Mansperger Nays: None Absent: Stubblefield Abstain: None City of San Jacinto, ,,``}F ,pif'Rt171jflib ��,••51y Mansperger, Vice Mayor �D L 1) c Page 2 of 3 ATTEST: D rothy Cho ard, City Clerk APPROVED AS TO FORM Jeffr S. Bailin r, City Attorney Best Best & Krieger LLP Page 3 of