Popular city council perk criticized Popular city council perk criticized (April 30, 2004)

Perry turns down free concert tickets, calls it a conflict of interest

By Grace Rauh

City council member Greg Perry is turning down two VIP season tickets to Shoreline Amphitheatre and calling into question a long-running city perk.

For the past 18 years, the city has received 20 box seats for each event at the popular venue, in addition to 300 individual tickets, as stipulated in its contact with Shoreline. According to Council member Mike Kasperzak, no one on the council in his memory has ever turned down the free tickets -- until now.

"For me, I'm not comfortable taking those tickets because I've got to vote on Shoreline Amphitheatre issues," Perry said. The city is currently embroiled in a lawsuit with Clear Channel -- the media giant that manages Shoreline -- over parking fee revenues that Mountain View officials say should be shared with the city.

"I don't believe it is illegal. However, I don't believe that it is right for me to take them," Perry said. He has donated all his tickets to the Mountain View Educational Foundation, which is auctioning them off to raise funds for school projects.

State law prohibits officials from accepting gifts valued at $340 or more from individuals or groups on whom they vote. But because the tickets are included in the city's contract with Shoreline and distributed based on an official policy, council members are not violating California law, said City Attorney Michael Martello. The tickets are not bought or sold and therefore have "no value. That's the whole concept," he said.

The tickets may have no legal value, but a four-seat box at Shoreline sells for $17,500 for the concert season. Purchase of a box includes access to a special parking lot, complimentary appetizers before and during the show, and entry into two VIP bar areas.

Last Friday, Shoreline hosted a small "VIP 101" party to showcase special amenities and take season ticket holders on a behind-the-scenes tour. Shoreline VIPs nibbled on cheese and steak sandwiches, sipped champagne and drank free beer and wine. Mayor Matt Pear and Council member Rosemary Stasek were among the partygoers.

Standing on the Shoreline stage and facing an empty audience, Pear pretended to play a guitar. He expects to attend one or two concerts this summer and said he'll donate the rest of his tickets to the educational foundation and other nonprofit organizations.

And as for Perry's decision to refuse the tickets?

"That's his opinion. If he's easily swayed, I can see why he has that issue. It's never even crossed my mind," Pear said. He has never had a Shoreline official try to influence him at a summer concert. "I guess people know better than to lobby me," he said.

Council member Mary Lou Zoglin regularly attends Shoreline's annual San Francisco Symphony concert on the Fourth of July. She returns nearly half her tickets to the city to be divided among employees and commissioners, and she doesn't believe that the tickets influence the way she votes on issues related to Shoreline.

"They've seldom had a favorable vote out of the council," she said. "We don't think of (the tickets) as coming from them. It's just part of the rent for the amphitheater. ... It's not a favor they are doing."

For Council member Kasperzak, attending concerts at Shoreline is an important way for the city to stay on top of developments and security at the amphitheater, which regularly draws crowds from across the Bay Area for headline shows.

"I certainly enjoy the shows that I go to, but when I go, I am seeing how the parking is handled, looking to see the certain sponsorships," he said. "It's good to know how Shoreline is upholding their end of the contract."

E-mail Grace Rauh at grauh@mv-voice.com

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