R 5404 RESOLUTION NO. 5404
A RESOLUTION OF THE: CITY COUNCIL OF:THE CITY OF ARROYO
GRANDE UPDATING THE TICKETS AND : :PASSES .:DISTRIBUTION
POLICY, A POLICY GOVERNING.:THE RECEIPT AND DISTRIBUTION
OF TICKETS AND PASSES•:PURSUANT,TO TITLE 2,-SECTION.18944.1
OF THE CALIFORNIA CODE.OF_RE_GULATIONS
WHEREAS,the Fair Political Practices Commission (FPPC) regulates the distribution of
tickets and passes by public agencies to government officials and certain employees of
their agency; and
WHEREAS, from time to time, the City may receive complimentary or discounted tickets
or passes from outside sources or may purchase tickets or passes for distribution to
City officials and certain City employees; and
WHEREAS, Title 2, Section 18944.1 of the California Code of Regulations requires the
City Council of the City of Arroyo Grande ("City") to adopt a written policy governing the
distribution of complimentary tickets and passes that includes the public purposes of the
agency for which tickets or passes may be distributed; and
WHEREAS, the distribution and use of such tickets and passes serves legitimate public
purposes when adopted under the authority of Section 18944.1; and
WHEREAS, on May 13, 2014, City Council adopted Resolution No. 4580 establishing a
Tickets and Passes Distribution Policy; and
WHEREAS, the City Council now desires to amend its Tickets and Passes Distribution
Policy in accordance with Section 18944.1; and
WHEREAS, the updated policy governing the receipt and distribution of tickets and
passes received by the City seeks to maintain a fair and equitable process for the
distribution to City officials and certain City employees to a facility, event, show or
performance for entertainment, amusement, recreational or similar purposes, in
compliance with Section 18944.1; and
WHEREAS, the FPPC recognizes the discretion of the City Council to determine
whether the distribution of a ticket or pass serves a legitimate public purpose of the City,
provided the determination is consistent with state law; and
WHEREAS, the proposed policy does not qualify as a "project" under CEQA because
the action will not result in a direct or reasonably foreseeable indirect physical change in
the environment. (State CEQA Guidelines section 15060, subd. (c)(2), (3).) The policy,
as amended, provides the method that tickets and passes may be distributed in
accordance with state law, meaning it does not authorize actions that could cause a
direct physical or reasonably foreseeable indirect physical change to the environment;
and
RESOLUTION NO. 5404
PAGE 2
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WHEREAS, on December 10, _2024,. the. City Council held a. duly-noticed: public
.meeting, considered :'the Staff report, recommendations . of staff, .and;'any. public.
testimony-regarding this proposed Resolution; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande
as follows:
1. All recitals above are true, correct, and incorporated herein.
2. The updated Tickets and Passes Distribution Policy is hereby approved as set forth
in Exhibit A, attached hereto and incorporated herein by this reference in
substantially final form.
3. Adoption of the updated Policy is done pursuant to California Code of Regulations
Title 2, Division 6, Section 18944.1, and hereby supersedes any previous version of
the Policy.
4. Consistent with the requirements of Section 18944.1(c), the City Council hereby
directs the City Clerk to post the Policy in a prominent location on the City Website
and to send the website link by e-mail to the Fair Political Practices Commission
within 30 days of adoption of this Resolution.
5. This Resolution shall take effect immediately upon its adoption.
On motion of Council Member Guthrie, seconded by Council Member Secrest, and on the
following roll call vote, to wit:
AYES: Council Members Guthrie, Secrest, Loe, Maraviglia, and Mayor Ray Russom
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 10th day of December 2024.
RESOLUTION NO. 5401-1
PAGE 3
01,411
CAREN'RAY RUS- 0 MAYOR
ATTEST:
• , ' I /%-4.....,
41IP SICA MATSON, CITY CLERK
APPROVED AS TO S NTENT:
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'MATTHEW 1 OWNING, CITY7NAGER
APPROVED AS TO FORM:
dRIS SEN, CITY ATTORNEY
- Exhibit A
CITY OF ARROYO GRANDE
TICKETS AND PASSES DISTRIBUTION POLICY
PURPOSE: The purpose' of this _Tickets and Passes Distribution'-Policy (the "Ticket.
Policy")- is to establish_ a fair and. equitable process for the distributions of tickets- and
--passes incompliance with-the requirements Of Title 2, Section 18 44.1 of the California
Code.6f:Regulations as now exist or may hereafter beadded or amended by the.Fair
Political Practices Commission.
SECTION 1. DEFINITIONS.
Unless otherwise expressly provided herein, words and terms used in this Ticket
Policy shall have the same meaning as that ascribed to such words and terms in the
California Political Reform Act of 1974 (Government Code Sections 81000, et seq.,
as the same may from time to time be amended) and the Fair Political Practices
Commission ("FPPC") Regulations (Title 2, Division 6 of the California Code of
Regulations, Sections 18110 et seq., as the same may from time to time be
amended).
A. "City" or "City of Arroyo Grande" shall mean and include the City of Arroyo
Grande, and any other affiliated agency created or activated by the Arroyo
Grande City Council, and any departments, boards and commissions thereof.
B. "City Official" shall mean every officer, agent and employee of the City who is
obligated to file an Annual Statement of Economic Interests (FPPC Form 700)
under state law or the City's current conflict of interest code.
C. "City Venue" shall mean and refer to any facility owned, controlled or operated by
the City.
D. "Fair Value" shall have the same meaning as that in Title 2 CCR section
18946(d)(1).
E. "FPPC" shall mean and refer to the California Fair Political Practices Commission.
F. "Immediate Family" shall mean and refer to the spouse and dependent children
of the City Official. The term spouse includes registered domestic partners
recognized by state law and dependent children shall mean a child, including an
adoptive child or stepchild, of a City Official who is under 18 years old and who
the City Official is entitled to claim as a dependent on his or her federal tax
return.
G. "Ticket Policy" shall mean and refer to this Tickets and Passes Distribution Policy
governing the distribution of tickets and passes in accordance with 2 CCR
section 18944.1.
65501.00016\42834812.2
H. "Ticket" shall mean and refer to a "ticket" or "pass," as those terms are defined in
2 CCR section 18946, as amended from time to time, but which currently defines
a "ticket" as 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 anynafts-that the ticket provides, and. •"pass": is a
ticketsthat provides:repeat•ed access, entry,-or admission to a:fa_cility-o'r• series •of
events and'• for which similar`�passes�ar•e-soldto the public.
I. "Ticket Administrator" shall mean and refer to the individual(s) selected to
coordinate requests for tickets. For the purpose of implementing this Ticket
Policy, and completing and posting the FPPC California Form 802, .the Ticket
Administrator shall be the "Agency Head."
SECTION 2. APPLICATION OF POLICY.
A. This Ticket Policy shall be applicable to every officer, agent and employee of the
City who is obligated to file an Annual Statement of Economic Interests (Form
700) under state law or the City's Conflict of Interest Code.
B. This Ticket Policy governs the distribution of Tickets received by the City that are
either:
1. Gratuitously provided to the City by an outside source;
2. Acquired by the City by purchase;
3. Acquired by the City as consideration pursuant to the terms of a contract
for the use of a City venue; or
4. Acquired and distributed by the City in any other manner.
SECTION 3. GENERAL PROVISIONS.
A. No Right to Tickets: The use of Tickets is a privilege extended by the City and
not the right of any person to which the privilege may from time to time be
extended.
B. Limitation on Transfer of Tickets: Tickets distributed to a City Official pursuant to
this Ticket Policy shall not be transferred except to members of the person's
immediate family solely for their personal use or to no more than one guest solely
for their attendance at the event.
C. Prohibition Against Sale of or Receiving Reimbursement for Tickets: No person
who receives a Ticket pursuant to this Ticket Policy shall sell or receive
reimbursement for the value of such Ticket.
SECTION 4. TICKET ADMINISTRATOR.
A. The City Manager or his/her designee shall be the "Ticket Administrator"
responsible for implementing the provisions of this Policy and completing and
posting Form 802. In such case where the City Manager desires to obtain a
ARROYO GRANDE TICKETS AND PASSES DISTRIBUTION POLICY PAGE 2 of 6
Ticket, the City Council authorizes the City Manager to exercise sole discretion
in determining whether the City- Manager's use or behest of Tickets is in
accordance with the terms of this Policy.
B: The Ticket Administrator shall-have the authority, in his or her sole discretion,-to:
`establish procedures for the distribution of Tickets in,accordance 4with this Ticket
._Policy. All requests for Tickets that-fall-:within.the scope=of'this Ticket Policy
shall be made in accordance with the'procedures established:by.the Ticket
Administrator.
C. The Ticket Administrator shall determine the value of any Ticket pursuant to its
"Fair Value," as that term is defined in Title 2 CCR section 18946(d)(1). For a
Ticket offered for sale to the general public, the Fair Value means the face value
of the Ticket. The Fair Value of a Ticket that does not have a face value, or has
a face value that is not available to the general public, is the price at which the
Ticket 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 to a
luxury box or suite, the face value shall be determined by dividing the total cost
of the box or suite by the number of Tickets available for that box or suite.
D. The Ticket Administrator, in his or her sole discretion, may revoke or suspend
the Ticket privileges of any person who violates any provision of this Ticket
Policy or the procedures established by the Ticket Administrator for the
distribution of Tickets.
SECTION 5. PUBLIC PURPOSE FOR WHICH TICKETS MAY BE DISTRIBUTED.
Subject to the provisions of this Ticket Policy, the Ticket Administrator may distribute
Tickets to a City Official, or at the behest of a City Official, under any one of the
following public purposes:
A. The City Official reimburses the City for the Fair Value of the Ticket(s).
B. The City Official treats the Ticket(s) as income consistent with applicable federal
and state income tax laws and the Ticket(s) are reported as income pursuant to
Section 8 of this Ticket Policy.
C. The distribution of the Ticket(s) to, or at the behest of, the City Official
accomplishes a governmental and/or public purposes. The following is a list of
public purposes that the City may accomplish through the distribution of Tickets.
The list is illustrative rather than exhaustive:
1. Facilitating the performance of a ceremonial role or function by a City Official
on behalf of the City at an event, for which the City Official may receive
enough Tickets for the City Official and each member of his or her Immediate
Family.
ARROYO GRANDE TICKETS AND PASSES DISTRIBUTION POLICY PAGE 3 of 6
2. Facilitating the attendance of a City Official at an event where the job.duties
. of the -City Official requirehis or her attendance at the event, for which the
City Official may receive enough Tickets for each member of the . City
Official's Immediate Family:
3.'-Promotion of: . intergovernmental- relations `. _and/or- cooperation' and
coordination of`resources:with:other..governm:ental agencies, including;:
not limited to, attendance at•an:�event with or by elected or appointed public_
officials from other jurisdictions,their staff members and their guests.
4. Economic or business development purposes on behalf of the City.
5. Promotion of City resources, community programs, and/or facilities
available to Arroyo Grande residents.
6. Promotion of City-run, sponsored or supported community events,
activities or programs.
7. To monitor and evaluate the value of City-run, sponsored or supported
community events, activities or programs to the City including but not limited
to evaluation of the venue, quality of performances and compliance with City
policies, agreements and other requirements.
8. Promotion and evaluation of City venues, including but not limited to
evaluation of the venue, quality of performances and compliance with City
policies, agreements and other requirements.
9. Promoting, supporting and/or showing appreciation for programs or
services rendered by charitable and non-profit organizations benefiting
Arroyo Grande residents.
10. Promotion of City tourism on a local, state, national or worldwide scale.
11. Business retention or attraction on a local, state, national or worldwide scale.
12. Promotion of City recognition, visibility, and/or profile on a local, state,
national or worldwide scale.
13. Encouraging Arroyo Grande resident and business support for
and attendance at local events.
14. Encouraging participants in City sponsored programs to attend local events.
15. Attracting or rewarding volunteer public service.
16. Encouraging or rewarding significant academic, athletic, or public service
achievements by Arroyo Grande students, residents or businesses.
17. Attracting and retaining highly qualified employees in the City service.
ARROYO GRANDE TICKETS AND PASSES DISTRIBUTION POLICY PAGE 4 of 6
18. Recognizing or rewarding meritorious service by a City Official.
19: Promoting enhanced City employee performance or morale.
.20. Promotion of open government,and/or community relations.by City Official
appearances, participation, Cr availability:at business or;community.events;'
::21:. Sponsorship agreements involving private.events where the City specifically
seeks to enhance the City's reputation both locally and regionally by serving
as hosts or sponsors providing the necessary opportunities to meet and greet
visitors, dignitaries, and residents.
22. Special outreach programs for veterans, teachers, emergency services,
medical personnel and other civil service occupations.
23. Charitable 501(c)(3)fundraisers for the purpose of networking with other
community and civic leaders.
24. As an incident to the above public purposes, allowing for the Immediate
Family of the City Official to accompany the City Official to events to
accomplish any of the purposes listed in this Resolution.
D. When a public purpose involves the oversight or inspection of facilities by a
City Official, the City Official is required to provide a written inspection report
and/or recommendation.
E. Subject to the provisions of this Ticket Policy, Tickets obtained by the City
pursuant to terms of a contract for use of public property, or, by purchase at fair
market value, may be distributed to City Officials. Any distribution must
accomplish a public purpose in accordance with Section 5.C. above.
F. Any City Official, any member of the City Official's Immediate Family, or
guest of the City Official may return any unused ticket to the Ticket Administrator
for redistribution pursuant to this policy.
SECTION 6. TICKETS DISTRIBUTED AT THE BEHEST OF A CITY OFFICIAL.
A. Only the following City Officials shall have authority to behest Tickets: City
Council Members, the City Manager, and Department Heads.
B. Tickets shall be distributed at the behest of a City Official only for one or more
public purposes set forth in Section 5.C. above.
C. If Tickets are distributed at the behest of a City Official, such City Official
shall not use one of the Tickets so distributed to attend the event.
SECTION 7. OTHER BENEFITS.
A. The distribution of Tickets pursuant to this Policy shall not constitute a "gift" to
the City Official receiving the Ticket, however, other benefits, such as food or
ARROYO GRANDE TICKETS AND PASSES DISTRIBUTION POLICY PAGE 5 of 6
beverage or other gifts provided .to the City Official that are not part of the
admission provided.by the Ticket, will need to be accounted for as gifts. . -
-= B - If the City receives Tickets that are earmarked by an outside source for
particular City Officials,then the Tickets are-considered gifts to that:particular
City_Official. If these.Tickets;arenota returned-unused to the:providetwithin thirty
s(30)days ofreceipt, then.the:City Official must comply with the applicable FPPC
gift limit regulations.and reporting regulations: -
SECTION 8. POSTING AND DISCLOSURE REQUIREMENTS.
A. This Ticket Policy shall be posted on the City's website. The City shall, within 30
days of adoption or amendment, send to the FPPC by email a website link that
displays the Ticket Policy.
B. The distribution of Tickets pursuant to this Ticket Policy which the Public Official
treats as income pursuant to Section 5.B. above, or which are distributed for one
or more public purposes described in Section 5.C. above, shall be documented
by the preparation and certification of FPPC Form 802, as amended from time to
time by the FPPC. This form must be maintained as a public record, and subject
to inspection and copying as required under Government Code section 810008.
Within forty-five (45) calendar days of the distribution of a Ticket, the Ticket
Administrator shall prepare and certify a Form 802 and shall post it on the City's
Website. A copy of each Form 802 shall be forwarded to the FPPC.
C. Tickets distributed by the City for which the City receives reimbursement from
the City Official shall not be subject to the disclosure provisions set forth
herein.
D. For Tickets distributed to a department or other unit of the City, and not used
by a City Councilmember, City Manager, political appointee, or department
head, the City may report the name of the department or other unit of the City
and the number of Tickets provided to the department or other unit in lieu of
posting the name of the individual employee(s) as otherwise required.
ARROYO GRANDE TICKETS AND PASSES DISTRIBUTION POLICY PAGE 6 of 6
OFFICIAL CERTIFICATION
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I, JESSICA MATSON; City: Clerk-a'the of.Atroyo.:Grande, County•of San Luis
Obispo, State Of California, do hereby-certify-under penalty of perjury, that the attached
Resolution No. 5404 was passed and adopted ata regular meeting of the City Council
of the City of Arroyo Grande on the 10thday of December, 2024.
WITNESS my hand and the Seal of the City of Arroyo .Grande affixed this 16th day of
December, 2024.
JESSICA MATSON, CITY CLERK