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HomeMy WebLinkAboutRESOLUTION 2026-011 N.C.S. 01-26-2026 Resolution No. 2026-011 N.C.S. Page 1 of 2 Resolution No. 2026-011 N.C.S. of the City of Petaluma, California RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA ADOPTING “THE CITY OF PETALUMA TICKET AND PASS DISTRIBUTION POLICY”, PURSUANT TO CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 18944.1 WHEREAS, the California Political Reform Act (Government Code section 81000 et seq.) regulates gifts received by public officials to prevent conflicts of interest and undue influence and to maintain public trust; and WHEREAS, California Code of Regulations, title 2, section 18944.1 provides that tickets and passes are not treated as “gifts” under the Political Reform Act when a public agency adopts and complies with a written ticket and pass distribution policy; and WHEREAS, the City of Petaluma currently does not have a formal policy governing the acceptance and distribution of tickets and passes, and adoption of a compliant policy will promote transparency, accountability, and consistent practices; and WHEREAS, the City has recently reclaimed control of the Petaluma Fairgrounds and anticipates Hosting and supporting numerous events in coming years, making the adoption of a clear ticket and pass policy timely and necessary for the City’s operations and public confidence; and WHEREAS, the proposed City of Petaluma Ticket and Pass Distribution Policy (Policy), attached hereto as Exhibit A, is adopted pursuant to California Code of Regulations, title 2, section 18944.1, and complies with section 18944; and WHEREAS, the Policy applies to tickets and passes provided by the City to a City Official, and is intended to ensure such distributions serve a legitimate public purpose; and WHEREAS, the proposed Policy does not constitute a "project" under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b)(5), as it pertains to organizational and administrative activities of the government that will not result in direct or indirect physical changes to the environment. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Petaluma as follows: 1. Declares the above recitals to be true and correct and are incorporated into this resolution as findings of the City Council. 2. Finds that the adopting this resolution is not a “project” within the meaning of Section 15378 of the CEQA Guidelines, because it is an administrative activity has no potential for resulting in physical change in the environment. 3. Finds that “The City of Petaluma Ticket and Pass Distribution Policy”, attached hereto as Exhibit A, is compliant with California Code of Regulations, title 2, section 18944.1. 4. Adopts “The City of Petaluma Ticket and Pass Distribution Policy”, attached hereto as Exhibit A and incorporated into this resolution. Docusign Envelope ID: 769DA883-DA71-4C0F-8237-35F34D1E54D8 Resolution No. 2026-011 N.C.S. Page 2 of 2 Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Council of the City of Petaluma at a Regular meeting on the 26th day of January 2026, by the following vote: Approved as to form: __________________________ Eric Danly, City Attorney AYES: Mayor McDonnell, Vice Mayor DeCarli, Council Members Barnacle, Cader Thompson, Nau, Quint, Shribbs NOES: None ABSENT: None ABSTAIN: None ATTEST: ______________________________________________ Caitlin Corley, City Clerk ______________________________________________ Kevin McDonnell, Mayor Attachments: Exhibit A - Ticket and Pass Distribution Policy Docusign Envelope ID: 769DA883-DA71-4C0F-8237-35F34D1E54D8 CITY OF PETALUMA TICKET AND PASS DISTRIBUTION POLICY 1.Purpose. This Policy is adopted pursuant to California Code of Regulations, Title 2, Section 18944.1 to ensure that the distribution of tickets or passes by the City of Petaluma (City) complies with the Political Reform Act and serves a legitimate public purpose. This Policy applies to an event or function provided by the City to a City Official of the City, or at the behest of a City Official. 2.Definitions City Official: Any elected or appointed official, officer, employee, or consultant of the City of Petaluma. Fair Value:1 For a ticket offered for sale to the general public, the “fair value” means the face value of the ticket or pass. The fair value of a ticket or pass that does not have a face value indicated, or has a face value that is not available to the general public, is the price at which the ticket or pass would otherwise be offered for sale to the general public by the operator of the venue or host of the event who offers the ticket for public sale. Where the price indicated on the ticket does not reflect the actual cost for a ticket in a luxury box or suite, the face value is determined by dividing the total cost of the box or suite by the number of tickets available for that box or suite. Immediate Family:2 A spouse, registered domestic partner, or dependent children. Pass:3 A ticket that provides repeated access, entry, or admission to a facility or series of events and for which similar passes are sold to the public. Ticket:4 Anything that provides access, entry, or admission to a specific future event or function and for which similar tickets are sold to the public to view, listen to, or otherwise take advantage of the attraction or activity for which the ticket is sold and includes any benefits that the ticket provides. 3.Public Purpose. The City may distribute tickets or passes to achieve the following legitimate public purposes: •Promotion of cultural, recreational, and educational activities within the City. •Facilitation of oversight and inspection of facilities or events sponsored by the City. •Encouragement of volunteerism and civic engagement. •Recognition of public service contributions by City Officials. 1 “Fair Value” as defined by Regulation 18946(d)(1). 2 “Immediate Family” as defined by Government Code Section 82029. 3 “Pass” as defined by Regulation 18946(d)(3). 4 “Ticket” as defined by Regulation 18946(d)(2). Resolution No. 2026-011 N.C.S. Exhibit A Page 1 of 7 Docusign Envelope ID: 769DA883-DA71-4C0F-8237-35F34D1E54D8 •Promotion of local business, community programs, and economic development. •Other legitimate purposes determined by the City Manager or designee. A ticket or pass distributed to a City Official for personal use 5 to support general employee morale, retention, or to reward public service, consistent with 2 CCR §18944.1(e), and limited to the Official and the Official’s immediate family or no more than one guest, provided the recipient is not a member of the governing body, the chief administrative officer (City Manager), a political appointee, or a department head, shall be deemed to serve a legitimate public purpose. 4.Distribution Criteria. The City shall distribute tickets or passes according to the following criteria: •The City shall retain sole discretion in determining the recipients. •A City Official receiving a ticket or pass must use it for a public purpose, as outlined in Section 3 of this Policy. •Tickets or passes may only be transferred to a member of the City Official’s immediate family or one guest, solely for the purpose for their attendance at the event. •Members of the City Council and City Department Directors shall not disproportionately receive tickets or passes. •Tickets or passes shall not be earmarked by an outside entity for a specific official. 5.Public Disclosure Requirements. Within 45 days of distributing tickets or passes, the City shall disclose the following information on a form provided by the Fair Political Practices Commission (FPPC), Exhibit A.: •Name of the City Official receiving the ticket or pass; •Description and date of the event; •Fair value of the ticket or pass for the event 6; •Number of tickets or passes provided. •Public purpose served by the distribution. •If a ticket or pass is requested, the name of the official requesting the ticket distribution. •If the City Official transfers the ticket or pass to their immediate family or one guest, the relationship of the transferee. 5 “Personal Use” under this Policy is limited to the City Official and the City Official’s immediate family, or no more than one guest. 6 “Fair value of the ticket or pass” as defined by Regulation 18946(d)(1). For a ticket offered for sale to the general public, the “fair value” means the face value of the ticket or pass. The “fair value” of a ticket or pass that does not have a face value indicated, or has a face value that is not available to the general public, is the price at which the ticket or pass would otherwise be offered for sale to the general public by the operator of the venue or host of the event who offers the ticket for public sale. Where the price indicated on the ticket does not reflect the actual cost for a ticket in a luxury box or suite, the face value is determined by dividing the total cost of the box or suite by the number of tickets available for that box or suite. Resolution No. 2026-011 N.C.S. Exhibit A Page 2 of 7 Docusign Envelope ID: 769DA883-DA71-4C0F-8237-35F34D1E54D8 •If the City Official received the ticket or pass for oversight or inspection of facilities, the written inspection report of findings and recommendations due to the inspection. The completed disclosure form shall be posted on the City’s website and made available for public inspection. The City shall also provide the FPPC with the website link displaying the completed disclosure form(s). 6. Posting of Policy. This Policy shall be maintained as a public record and posted on the City’s website, as long as this Policy remains in effect. The City shall also provide the FPPC with the website link displaying this Policy. 7. Exclusions. This Policy does not apply to: •Tickets received by a City Official performing a ceremonial role at an event. •Tickets received as taxable income by a City Official. •Tickets for which the City Official reimburses the City within 30 days of receipt. 8.Enforcement. Violations of this Policy may be subject to penalties under the Political Reform Act and applicable City regulations. Adopted by the City of Petaluma on [DATE]. Resolution No. 2026-011 N.C.S. Exhibit A Page 3 of 7 Docusign Envelope ID: 769DA883-DA71-4C0F-8237-35F34D1E54D8 EXHIBIT A FPPC Disclosure Form Resolution No. 2026-011 N.C.S. Exhibit A Page 4 of 7 Docusign Envelope ID: 769DA883-DA71-4C0F-8237-35F34D1E54D8 California Form Agency Report of: 1. Agency Name Designated Agency Contact (Name,Title) Date Stamp E-mail Division, Department, or Region (if applicable) 2. Function or Event Information Verification I have read and understand FPPC Regulations 18944.1 and 18942. I have verified that the distribution set forth above, is in accordance with the requirements. Signature of Agency Head or Designee Print Name Comment: FPPC Form 802 (2/2016) FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772) (month, day, year) 802 (month, day, year) For Official Use Only Area Code/Phone Number Date of Original Filing: Ticket(s)/Pass(es) provided by agency? Was ticket distribution made at the behest of agency official? Title Ceremonial Role Events and Ticket/Pass Distributions Event Description: Amendment (Must Provide Explanation in Part 3.) Provide Title/ Explanation Official’s Name (Last, First) If checking “Ceremonial Role” or “Other” describe below: If checking “Ceremonial Role” or “Other” describe below: Name of Agency, Department or Unit Name of Outside Organization (include address and description) Name of Individual (Last, First) Number of Ticket(s)/ Passes Number of Ticket(s)/ Passes Number of Ticket(s)/ Passes Describe the public purpose made pursuant to the agency’s policy Identify one of the following: Describe the public purpose made pursuant to the agency’s policy Does the agency have a ticket policy?No No Income Other Other Ceremonial Role Ceremonial Role Income No Yes Yes Yes Face Value of Each Ticket/Pass $ Date(s) If no: Name of Source If yes: 3. A. B. C. 4. A Public Document Recipients Use Section A to identify the agency’s department or unit. Use Section B to identify an individual. Use Section C to identify an outside organization.• • • Print ClearResolution No. 2026-011 N.C.S. Exhibit A Page 5 of 7 Docusign Envelope ID: 769DA883-DA71-4C0F-8237-35F34D1E54D8 This form is for use by all state and local government agencies. The form identifies persons that receive admission tickets and passes and describes the public purpose for the distribution. This form was prepared by the Fair Political Practices Commission (FPPC) and is available at www.fppc.ca.gov. General Information FPPC Regulation 18944.1 sets out the circumstances under which an agency’s distribution of tickets to entertainment events, sporting events, and like occasions would not result in a gift to individuals that attend the function. In general, the agency must adopt a policy which identifies the public purpose served in distributing the admissions. The Form 802 serves to detail each event and the public purpose of each ticket distribution. FPPC Regulation 18942 lists exceptions to reportable gifts, including ceremonial events, when listed on this form. When the regulation procedures are followed, persons, organizations, or agencies who receive admissions are listed on a Form 802. Agency officials do not report the admissions on the official’s Statement of Economic Interests, Form 700, and the value of the admission is not subject to the gift limit. The Form 802 also informs the public as to whether the admissions were made at the behest of an agency official and whether the behested tickets were provided to an organization or to specific individuals. Exception FPPC This form is not required for admission provided to a school or university district official, coach, athletic director, or employee to attend an amateur event performed by students of that school or university. Reporting and Public Posting Ticket Distribution Policies: An agency must post its ticket policy on its website within 30 days of adoption or amendment and e-mail a link of the website location to FPPC at form802@fppc.ca.gov. Form 802: The use of the ticket or pass under the policy must be reported on Form 802 and posted on the agency’s website within 45 days of distribution. A link to the website location of the forms must be e-mailed to FPPC at form802@fppc.ca.gov. The FPPC will post on its website the link to each agency’s policy and completed forms. It is not necessary to send an e-mail each time a new Form 802 is posted. It is only necessary to submit the link if the posting location changes. This form must be maintained as a public document. Privacy Information Notice Information requested by the FPPC is used to administer and enforce the Political Reform Act. Failure to provide information may be a violation subject to administrative, criminal, or civil penalties. All reports are public records available for inspection and reproduction. Direct questions to FPPC’s General Counsel. Instructions Part 1. Agency Identification: List the agency’s name. Provide a designated agency contact person, their phone number, and e-mail address. Mark the amendment box if changing any information on a previously filed form and include the date of the original filing. Part 2. Function or Event Information: Confirm that your agency has a policy for ticket distribution. Unless the ceremonial role or income box in Part 3, Section B, is marked, this form is only applicable if your agency has a policy. Complete all of the other required fields that identify the ticket value, description of event, date(s) and whether the ticket was provided by the agency or an outside source. If an agency official behests the tickets, the official’s name is also required. Use the comment field or an attachment to explain in full. Part 3. Ticket Recipients: This part identifies who uses the tickets. The identification requirements vary depending upon who received the tickets and are categorized into three sections. Each section must list the number of tickets received. Use the comment field or an attachment to explain in full. Section A. Report tickets distributed to agency staff, other than an elected official or governing board member, pursuant to the agency’s policy. It is not necessary to list each employee’s name, but identify the unit/department for which the employee works. The agency must describe the public purpose associated with the ticket distribution. A reference to the policy is permissible. Section B. Report: 1) any agency official who performs a ceremonial role; 2) any agency official who reports the value as income; or 3) tickets used by elected officials and governing board members (including those distributed pursuant to the agency’s policy). Section C. Report tickets provided to an organization. The organization’s name, an address (website url is permissible), and a brief description of the public purpose are required. California Form 802Agency Report of: Ceremonial Role Events and Ticket/Pass Distributions A Public Document FPPC Form 802 (2/2016) FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772) Resolution No. 2026-011 N.C.S. Exhibit A Page 6 of 7 Docusign Envelope ID: 769DA883-DA71-4C0F-8237-35F34D1E54D8 California Form 802Agency Report of: Ceremonial Role Events and Ticket/Pass Distributions A Public DocumentContinuation Sheet Agency Name If checking “Ceremonial Role” or “Other” describe below: If checking “Ceremonial Role” or “Other” describe below: If checking “Ceremonial Role” or “Other” describe below: If checking “Ceremonial Role” or “Other” describe below: Name of Agency, Department or Unit Name of Individual (Last, First) Name of Outside Organization (include address and description) Number of Ticket(s)/ Passes Number of Ticket(s)/ Passes Number of Ticket(s)/ Passes Describe the public purpose made pursuant to the agency’s policy Identify one of the following: Describe the public purpose made pursuant to the agency’s policy Income Income Other Other Other Other Ceremonial Role Ceremonial Role Ceremonial Role Ceremonial Role Income Income 3. A. B. C. Recipients FPPC Form 802 (2/2016) FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772) •Use Section A to identify the agency’s department or unit. •Use Section B to identify an individual. •Use Section C to identify an outside organization. Print Clear Resolution No. 2026-011 N.C.S. Exhibit A Page 7 of 7 Docusign Envelope ID: 769DA883-DA71-4C0F-8237-35F34D1E54D8