HomeMy WebLinkAboutAgenda Report - March 7, 1990COUNCIL COMMUNICATION
TO: THE CITY COUNCIL COUNCIL MEETING DATE
FROM: THE CITY MANAGER'S OFFICE MARCH 7, 1990
SUBJECT: SURPLUS CITY TRUCK; DONATION TO ENVIRONMENTAL GROUP
PREPARED BY: City Attorney
SITUATION:
The City is presently offering for sale to the public certain used
vehicles no longer required for City service. The California Striped Bass
Club, a private non-profit group has made inquiry concerning one of the
vehicles, a Ford flatbed truck. It is apparently the Club's desire to
circumvent the public sale bid process and get the truck so that it may be
presented to the United Anglers Chapter of Casa Grande High School in
Petaluma. This latter group is carrying on a program to clean up Adobe
Creek near Petaluma, and to reintroduce steelhead trout to the
waterway. It is my understanding that the truck would be used to
transport fish frim the hatchery to the creek.
I am still not sure if the Striped Bass Club wants the City to donate the
truck, offer it at a reduced price, or simply agree to sell it for the
indicated minimum bid ($1500) without going through the competitive bid
sale procedures.
The question presented was whether this would violate the legal
prohibitions against making a gift of public funds or property.
ANALYSIS:
Article 16, Section 6 of the California Constitution prohibits making a
gift of public funds or property to individuals or organizations. An
exception to this rule is the. "public purpose" situation. In such cases,
where the gift or use serves a "public purpose" (as determined by the
legislative body responsible for the funds or property) it is permissible
and does not violate constitutional prohibitions.
This law has been interpreted in ways which sometimes appear inconsistent
to the casual observer. For example, a grant by a county for relief of
victims of a flood was declared void under this Article (Patty v.
Colgan 31 P.1133) but cities or counties may channel a al
assistance to individuals under the Federal Disaster Relief Act (62 Ops.
AG 562).
SURPLUS4/TXTA.01V
Counc i 1 Communication
March 7, 1990
Page Two
This i1lust tes t roblem. o deter inin wha is a ttr e u lic
purpose'. �ie cour . Have said they wi noj ovNA= the determination
of a legislative body in such matters "... so long as that determination
has a reasonable basis" (San Francisco Board of Supervisorsy. Dolan
(1975) 119 Cal.Rptr. 347). `
The cases found suggest that a "reasonable basis" will be found if the
public purpose served is one the public agency could have acted upon
directly. A stated by the California Attorney General, the test is "...
whether the money or property is to be used for a public or private
purpose,and if it is for a public purpose within the jurisdiction of the
appropriating board or Dody, it is not a gift" (28 Ops: AG 282).
Using this language as a guide, the question in our situation then becomes
whether the City of Lodi could spend money on the cleanup of a waterway
and reintroduction of game fish, since that is the purpose for which the
surplus truck is sought. I believe vie could do so legally.
It is my understanding that Lodi has in the past participated in both
clean water and game fish protection programs, with no questions that
these are "public purposes.' I t i s also noted that the California
Gepartment of Fish and Game and Sonoma County have contributed more than
$133,000 toward this project for which the truck would be used (see
attachment).
RAtAARY
Although the subject site (Adobe Creek) is not physically within the
limits of Lodi, I believe that the City could legally assist or cooperate
with the organization working on the project. This appears to fit the
definition of "public purpose" as defined by the courts.
In consiJering the request, however, the Council may wish to weigh the
precedent which would be set by an affirmative vote.
Respectfully submitted,
Bob McNatt
City Attorney
SM:Vc
attachment
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SURPLUS4/TXTA.GIV
UNITED ANGLERS
0r
CASA GRANOE HIGH SCHOOL
333 CASA GRANDE ROAD, PETALUMA, CALIFORNIA 94952
February 3, 1990
Der Sirs:
The follou,irg is an interim progress report on the United
Anglers of Casa Grande high Sci.00l project to rebuild their fish
hatchery.
You or your organization has made a financial contribution to
this rebuilding campaign which started in October 1988, and just
recently received the Petaluma School Board approval to begin
construction of the new facility.
The attached materials will update you on the current status.
Ground breaking ceremonies are scheduled for 10:00 am. Febr-
uary 10, 1990 at the site. The project has received a tremendous
amount of local community support, both financially and with
donations of labor and materials from local businesses.
For your information the following organizations have contributed
financially. All funds are deposited with the Petaluma School
Cistrict.
Grants
Sonona County Foundation
Strong Foundation
Exchange Bank Foundation
Fish America Foundation
Fireman's Fund Foundation
Petaluma Foundation
Total -- $37,397.CC
St=:te and County Orcanizations
California Derartment of Fish and Game
Sonoaa County Board of Supervisors (TOT)
California Department of Fish and Game
(Public Striped Bass Stamp Program)
Sonoma County Fish and 'Ni ldlife (.�dvi sort' Boare)
Total -- '133, 6;1.00
Srorts Clubs
Modesto California Striped Bas= As,ociation
Rio Vista Califor: is Str'. ,ed Bass Z ssoci:_.tion
Marin Rod ,._..0 Gun Club
Petaluma Outceorsmen
?noenix ".r`zona
S:.ortsmen� Club
Page 2 -
Corporations
Hewlett-Packard, Santa Rosa, CA
Patagonia Inc., Ventura, CA
Chevron Co! poration, Sari Francisco, CA
Sola Optical, Petaluma, CA
t4;est America Bank, Petaluma, CA
Total -- lt20,000.00
Business Firms
Bodega Bay Fishermens Market Association
Petaluma Bowl
T. Robinson Graphics, Nov�.to, CA
Clover Dairy, Petaluma, CA
P.I.P. Printing, Petaluma, CA
Benefield, Levineers & Associates,
Bob Botai Tile Co., Petaluma, CA
Total -- ri ,900.00
OrL-anizations and Service Clubs
z�oaeoa Bay Fisner.mans Associations,
Conservation Unlimited, Eureka, CA
Adobe Lions, Petaluma
3rd *:,ay House of Petzluma
Petaluma Rotary
Petaluma Valle Rotary
Total -- 36,691.00
Petaluma, CA
Ladies Auxiliary
As a result of the wide-sprezd media publicity this pro-
ject has received, the Anglers hove added over 54200.00
from 55--10-20, etc. donations from "Friends of the Project"
throughout the state.
Bringing the total to date to "209,127.00.
roi_ect Status:
All plans have been comrleted and apr.roved by the Office of
the State Architect.
The titi•ell has been drilled and cap^ed. It ::ill produce am -,le
water su: cly to meet the hatchery demands.
Construction wi 11 commence cn February la, 1990 (weather per-
mitting), with the Sonoma County Probation Camp under the
direction of Frank McEntee and D.J. DeJora handling the project
with :*:viala Enterprises (architect).
Furtner reports will be forthcom=ing .-.ith the building progress.
Should you require any additi cnal sr.ecial information, nlez�se
call (707) 778-4677.
On behalf of the ii_^_ ted ..r -le
of Cas.. Crande =:i h Sc :ool, as
well .as rmyself, "Tha. ks ag__n for your surrort".
Tc... rurrer SOr
United r.: rs of C«a Crande
High Sc^ool