HomeMy WebLinkAbout2011/02/22 City Council Agenda Packet
City of Rohnert Park + 130 Avram Avenue + Rohnert Park, California 94928
PHONE: (707) 588-2227+ FAX: (707) 588-2274 + WEB: www.rpcitv.ore
ROHNERT PARK CITY COUNCIL
Community Development Commission
Rohnert Park Financing Authority
JOINT REGULAR MEETING
AGENDA
Tuesday, February 22, 2011
Joint Regular Meeting - Open Session: 5:00 p.m.
MEETING LOCATION: CITY HALL - COUNCIL CHAMBER
130 A vram Avenue, Rohnert Park, California
The Rohnert Park City Council welcomes your attendance, interest and
participation at its regular city meetings scheduled on the
2nd and 4th Tuesdays of each month at 5:00 p.m. in the Council Chamber.
City Council/CDC/RPFA Agendas and Minutes may be viewed at the City's website:
www.rvcitv.orJ!
Council/CpC/RPF A may discuss and/or take action on any or all of the items listed on this agenda.
If you challenge decisions of the City Council, the Community Development Commission, or the
Rohnert Park Financing Authority of the City of Rohnert Park in court, you may be limited to raising
only those issues you or someone else raised at public hearing(s) described in this Agenda, or in
written correspondence delivered to the City ofRohnert Park at, or prior to the public hearing(s).
DISABLED ACCOMMODATION: If you have a disability which requires an interpreter or
other person to assist you while attending this City Council meeting, please contact the City
Clerk's Office at (707) 588-2225 at least 72 hours prior to the meeting to ensure arrangements
for accommodation by the City. Please make sure the City Clerk's Office is notified as soon as
possible if you have a visual impairment requiring meeting materials to be produced in another
format (Braille, audio-tape, etc.)
PUBLIC COMMENTS: For public comment on items listed or not listed on the agenda, or
on agenda items if unable to speak at the scheduled time (limited to three minutes per
appearance and a 30 minute total time limit, or allocation of time based on number of speaker
cards submitted) - PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING-
*SEE NOTE ON LAST PAGE OF THIS AGENDA
Copies of all staff reports and documents subject to disclosure that relate to each item of business referred to on the
agenda are available for public inspection Thursday before each regularly scheduled City Council meeting at City
Hall, located at 130 Avram Avenue. Any writings or documents subject to disclosure that are provided to all, or a
majority of all, of the members 'of the City Council regarding any item on this agenda after the agenda has been
distributed will also be made available for inspection at City Hall during regular business hours.
ANNOUNCEMENT: Please turn off all pagers, cellular telephones and all
other communication devices upon entering the council Chambers because of
electrical interference with the sound recording and TV projection systems.
5:00 p.m.
1. CITY COUNCIL, CDC & RPFA JOINT REGULAR MEETING - Call to Order/Roll Call
(Ahanotu_ Callinan_ Mackenzie_ Stafford_ Belforte~
PLEDGE OF ALLEGIANCE - Gian Carlo Gregoretti, Student,
Monte Vista Elementary School
2. CLOSED SESSION
A. RECESS TO CLOSED SESSION IN CONFERENCE ROOM 2A TO CONSIDER:
CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
(Government Code 954956.9)
Significant exposure to, litigation pursuant to subdivision (b) of Government Code
954956.9: 1 case
B. RECONVENE JOINT REGULAR MEETING OPEN SESSION IN COUNCIL
CHAMBER
c. MAYOR'S REPORT ON CLOSED SESSION (Government Code ~ 54957.1)
3. SSU STUDENT REPORT
By Sonoma State University Associated Students, Inc. (SSU ASI) Legislative Representative
4. PRESE;NT A TIONS.
A. Groundwater Management Plan Presentation by Santa Rosa Plain Steering Committee
5. CITY MANAGER / CITYA TTORNEY / DEPARTMENT HEAD BRIEFINGS
This time is set aside for City Staff to present a verbal report to the full Council on the
activities of their respective departments. No action may be taken except to place a particular
item on a future agenda for Council consideration.
A. Tasty Tuesday Update
B. Quarterly Progress Report on Proposed Revenue Measures
C. Update on Community Development Block Grant (CDBG) Funds
6. PUBLIC COMMENTS
Persons wishing to address the Council on any consent Calendar item or on City business not
listed on the Agenda may do so at this time. Each speaker will be allotted three minutes.
Those wishing to address the Council on any report item listed on the Agenda should submit
a "Speaker Card" to the City Clerk before announcement of that agenda item. Speakers are
asked to speak directly into the podium microphone so comments may be heard and recorded.
7. CONSENT CALENDAR
All items on the consent calendar will be considered together by one action of the City
Council, the Community Development Commission, and/or the Rohnert Park Financing
Authority, whichever is applicable, unless any Council Member or anyone else interested in a
consent calendar item has a question about the item.
A. Approval of Minutes for:
1. City-CDC-RPF A JointRegular Meeting - February 8, 2011
B. Acceptance of Reports, for:
1. City Bills/Demands for Payment
2. CDC Bills/Demands for Payment
3. City Cash/Investments Report for Month Ending January 2011
4. CDC Cash/Investments Report for Month Ending January 2011
5. RPFA Cash/Investments Report for Month Ending January 2011
C. City Council Resolutions for Adoption:
1. 2011-13 Authorizing and Approving Master Design Professional Agreement for
Municipal Engineering Services with Brelje & Race
2. 2011-14 Authorizing and Approving Master Design Professional Agreement for
Municipal Engineering Services with Coastland Civil Engineering, Inc.
D.Ordinances for Adoption: - ROLL CALL VOTE REQUIRED -
Waive Reading and Adopt Ordinances: .
1. No. 833 Amending Section 2.24.040, Term of Office of Members, of Chapter 2.24,
Cultural Arts Commission, of the Rohnert Park Municipal Code
2. No. 834 Repealing and Replacing Chapters 13.08 (Sewer Use Ordinance-Purpose
and Applicability), 13.12 (Definitions), 13.16 (Sewers-General Provisions,
13.26 (Sewer Laterals and Private Sewers), 13.28 (Sewer Users), 13.32
(Sewer Use Permits), 13.36 (Sewers-Regulation of Waste Discharges),
13.48 (Sewers-Administration, and 13.52 (Sewers-Enforcement) of Title 13,
Water and Sewers, of the Rohnert Park Municipal Code
E. Acceptance of resignation of Ronald Breeze from the Cultural Arts Commission
8. PRESENTATION OF SEWER RATE STUDY AND PROPOSED RATES
A. Staff Report
B. Presentation by Sewer Rate Analyst
C. Public Comments
D. Council discussion/direction
9. PUBLIC ART ORDINANCE - Consideration of Adoption of Ordinance Repealing Chapter
17.18, "Public Art," of Title 17, "Zoning," of the Rohnert Park Municipal Code and
Adoption of Resolution Repealing Resolution No. 2007-51, Approving and Adopting Public
Art Ordinance Guidelines
A. Staff Report
B. Public Comments
C. Ordinance for Adoption: Waive Full Reading and Adopt Ordinance by Reading Title:
1. No. 835 Repea]ing Chapter ]7.]8, "Pub]ic Art," of Tit]e 17, "Zoning," of the Rohnert Park
Municipa] Code
a. Council motion/discussion/roll call vote
D. Resolution for Adoption:
1. 2011-15 Repealing Resolution No. 2007-51, Approving and Adopting Public Art
Ordinance Guidelines
a. Council motion/discussion/vote
10. CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CaIPERS)
CONTRACT AMENDMENT - Consideration of Adoption of Resolution of Intention for
an Amendment to the City's Contract with CaIPERS; and Introduction of an Ordinance
Authorizing the Contract Amendment
A. Staff Report
B. Public Comments
C. Resolution for Adoption:.
1. 2011-16 Resolution of Intention to Approve an Amendment to the Contract Between
the Board of Administration of the California Public Employees' Retirement
System (CaIPERS) and the City Council of the City of Rohnert Park
a. Council motion/discussion/vote
D. Ordinance for Introduction: Waive Full Reading and Introduce Ordinance by Reading Title:
1. No. 836 Authorizing an Amendment to the Contract Between the City Council of the City
of Rohnert Park and the Board of Administration of the California Public
Employees' Retirement System (Ca]PERS)
a. . Council motion/discussion/roll call vote
11. COMMISSION / COMMITTEE / BOARD APPOINTMENTS
Consideration of nominations and appointments to advisory bodies for current vacancies
and/or terms expired December 31,2010
A. Bicycle Advisory Committee - One two-year term (AA nomination)
1. Council nominations/discussion/action
B. Cultural Arts Commission - Two two-year terms (AA & PS nominations)
1. Council nominations/discussion/action
12. SONOMA COUNTY WATER AGENCY (SCW A) 2011/12 BUDGET (JM)
Consideration of Sonoma County Water Agency (SCWA) Fiscal Year 2011/12 Budget and
Council direction to Water Advisory Committee representative for advisory vote
A. Staff Report
B. Public Comments
C. Council discussion/direction
13. STANDING COMMITTEE / AD HOC COMMITTEE / LIAISON REPORTS
This time is set aside to allow members of the Council serving on Council subcommittees or
on regional boards, commissions or committees to present a verbal report to the full Council
on the activities of the respective boards, commissions or committees upon which they serve.
No action may be taken except to place a particular item on a future agenda for Council
consideration.
A. Standing Committee Reports
1. Economic Development, 2/1 0/11 mtg. (PS/GB)
2. Water/WastewaterIssues, 2/15/11 mtg. (JM/GB)
3. Other, if any
B. Ad-Hoc Committees
1. Revenue Enhancement, 2/17/11 mtg.(JC/JM)
2. Other, if any
C. Liaison Reports, if any
D. Other Reports
1. Mayors' & Cou;ncilmembers' Association, 2/1 0/11 mtg. (AAlJM/GB)
2. Other, if any
14., COMMUNICATIONS
Copies of communications have been provided to Council for review prior to this meeting.
Council Members desiring to read or discuss any communication may do so at this time. No
action may be taken except to place a particular item on a future agenda for Council
consideration.
15. MATTERS FROM/FOR COUNCIL
A. Sonoma State University (SSU) matter - Council discussion of potential ideas to
recognize Sonoma State University as a community partner
1. Council discussion/direction
B. Other informational items, ifany
16. PUBLIC COMMENTS
17. ADJOURNMENT of City Council-CDC-RPFA Joint Regular Meeting
NOTE: Time shown for any particular l1?atter on the agenda is an estimate only. Matters may
be considered earlier or later than the time indicated depending on the pace at which the meeting
proceeds. If you wish to speak on an item under discussion by the Council which appears on this
agenda, after receiving recognition from the Mayor, please walk to the rostrum and state your
name and address for the record.
- PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING -
Any item raised by a member of the public which is not agendized and may require Council
action shall be automatically referred to staff for investigation and disposition which may
include placing on a future agenda. If the item is deemed to be an emergency or the need to take
action arose after posting of the agenda within the meaning of Government Code Section
54954.2(b), Council is entitled to discuss the matter to determine if it is an emergency item
under said Government Code and may take action thereon.
CERTIFICATION OF POSTING OF AGENDA
I, Terri Griffin, Deputy City Clerk for the City of Rohnert Park, declare that the foregoing agenda for the
February 22, 201 ], Joint Regular Meeting of the Rohnert Park City CouncillCDC/RPF A was posted and
available for review on February ]7,20]], at Rohnert Park City Hall, 130 Avram Avenue, Rohnel1 Park,
California 94928. The agenda is also available on the City web site at www.rpcitv.org,
Signed this 17th day of February, 20] ], at Rohnert Park, California.
~
uncil-CDC -RPF A.doc
Agenda Packet Preparation TIMELINES for Regular City Council Meetings
held on the 2nd & 4th Tuesdays of each month:
. Resolutions (other than standard formats for authorizations and approvals), Ordinances &
Agreements to Assistant City Attorney via email for review and approval as to form DUE no
later than NOON Three (3) Mondays prior to Council meeting date
. Agenda items to City Manager via email for his review and responding ..email authorization",
synchronized with above timeframe of Assistant City Attorney review, and an email copy to the
City Clerk for drafting agendas
. Agenda Items w/attachments via email and twenty (20) complete hard copy sets with 2 sets
single-sided & 18 sets double-sided/stapled to City Clerk DUE no later than NOON Two (2)
Fridays prior to Council meeting date
. Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later
than Tuesday morning One (1) week prior to Council meeting date
. Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on
Thursday afternoon One (1) week prior to Council meeting date in compliance with Rohnert
Park Municipal Code Section 2.08.020 and related Resolution No. 2008-173
{This sectionfor City Clerk Use Only}
2/22/11 City Council Agenda
ITEM NO. 5.B
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
Meeting Date:
February 22, 2011
Department:
Finance Department
Submitted By:
Sandy Lipitz, Director of Administrative Services
Submittal Date:
February 15, 2011
Agenda Title:
Quarterly Progress Reports on Proposed Revenue Measures
Requested Council Action: Informational Item
In efforts to reduce the "structural deficit", the City has no choice but to consider all viable options to
augment revenues. In previous years, the City relied on one-time revenues from land sales to offset the
increasing, ongoing expenditures. However, this approach to balance the budget is short-sighted and
perhaps not in the best interest of the City. The City must consider revenue measures that will generate
revenues that increase General Fund cash flow and build financial sustainability.
A long-term strategy will consist of considering all methods to either increase revenues and/or reduce
xpenditures. Considerations must also include reducing personnel costs. Staff is cognizant that the City
cannot attempt to reduce or eliminate the "structural deficit" simply by reducing personnel costs. It is
imperative that the City also evaluate other conceivable measures and identify additional long-term
revenue strategies.
Consistent with the recommendations by Urban Futures, Inc., the City is proceeding with evaluating
revenue measures to address the "structural deficit." It is anticipated that all proposed measures will
generate revenues offsetting current increasing costs; however, it is inconceivable that these measures will
generate significant revenues to eliminate the "structural deficit" in its entirety . Nevertheless, the City
must pursue these new revenue measures if it is to improve its fiscal solvency.
The purpose of staff's presentation is to provide Council with a quarterly update of staff's progress with
the proposed revenue measures. The "Playing Field Use Fees" item has already been brought to the Parks
and Recreation Commission and Council earlier this fiscal year. Council direction was that fees are
sufficient to cover current costs, so no increase is warranted at this time. Attached is an individual sheet
for each revenue measure which contains a more detailed status update.
Enclosures: Quarterly Progress Reports on New or Increased City Revenues
PowerPoint Presentation
City of Rohnert Park Sales Tax and Economic Review 3rd Quarter 2010
CITY ATTORNEY'S REVIEW:
Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney.
CITY MANAGER'S RECOMMENDATION: ( ) Consent Item
( ) Approval ( ) Public Hearing Required
( ) Not Recommended ( ) Submitted with Comment
( ) Policy Determination by Council
( ) City Comments:
( ) Regular Time
Per City Manager's review and direction for distribution of this agenda item.
QUARTERLY PROGRESS REPORT ON
NEW OR INCREASED CITY REVENUES
Follow-up Study Authorized by
City Council Adoption of 2010-11 Budget on August 24, 2010
Fees or Taxes: Proposed in Budget
iii Building Fees (OJ) page 1
o Playing Field Use Fees (JM) page 2
o Business License Tax (SL) page 3
o Refuse Franchise Tax (SL) page 4
o Refuse Contract Administration(SL) page 5
o Admission Fee (SL) page 6
o Fines and Forfeitures (8M) page 7
o Sewer Rates (JO) page 8
Fee being reported on: Building Fees
Person Responsible: Darrin Jenkins
Brief Fee Description: User fees for plan check and inspection services for new construction; mechanical, electrical
and plumbing activities; and miscellaneous building activities. Includes administrative and professional staff services.
Progress made since last reporting:
Meetings with specific plan developers on Dec. 22, 2011 and Feb. 10, 2011; staff progress report to Council on Jan. 25,
2011, presentation to The Construction Coalition on Feb. 8, 2011; continued analysis and adiustment of fees based on
input from city staff, City Council and the development community.
Next Steps in Process:
Consider and resolve implementation issues (e.g. fee collection, draft policies and procedures, necessary adiustments
to Muni Code, etc.); additional input from developers on tenant improvement fees (meeting scheduled Feb. 16, 2011);
finalize cost-of-services study and proposed fee schedule; prepare public hearing notice; prepare staff report and
resolution; present cost-of-services study and proposed fee schedule for Council consideration.
Time Schedule for moving forward:
February 15,2011 - March 7, 2011 - finalize study and proposed fee schedule
Estimated time to bring to Council for adoption:
March 7, 2011- Public hearing notice and study available
March 22, 2011- Council meeting
Any particular requirements:
iii Further staff analysis
o Retain special assistance or consultant
o Needs voter approval - prepare for election
o Other - specify
Further Comment:
Estimated annual revenue - first full year after implementation: $38,000 - $62,000
1
QUARTERLY PROGRESS REPORT ON
NEW OR INCREASED CITY REVENUES
Follow-up Study Authorized by
City Council Adoption of 2010-11 Budget on August 24, 2010
Fees or Taxes: Proposed in Budget
o Building Fees (OJ) page 1
o Playing Field Use Fees (JM) page 2
o Business License Tax (SL) page 3
[g] Refuse Franchise Tax (SL) page 4
[g] Refuse Contract Administration(SL) page 5
o Admission Fee (SL) page 6
o Fines and Forfeitures (8M) page 7
o Sewer Rates (JO) page 8
Fee being reported on: Refuse Franchise Tax & Refuse Contract Administration
Person Responsible: Sandy Lipitz
Brief Fee Description: Current Refuse Rates effective 12/1/08. Franchise Aqreements amended April 2010 to extend Refuse
Contract to 2024 and allow Franchise fees and Contract Administration fee to be raised bv 1 %)
Progress made since last reporting:
Presentlv. staff workinq with consultant to update Refuse Rate Model.
Next Steps in Process:
1) Complete update of Rate Model
2) Analvze Proposed Rates
3) Present Report to Solid Waste Subcommittee & then a Work Session with City Council
Time Schedule for moving forward:
To be determined
Estimated time to bring to Council for adoption:
To be determined
Any particular requirements:
[g] Further staff analysis
[g] Retain special assistance or consultant
o Needs voter approval - prepare for election
[g] Other - specify
Further Comment: Proposition 218 Process to Increase Rates
Estimated annual revenue - first full year after implementation:
$125.000
QUARTERLY PROGRESS REPORT ON
NEW OR INCREASED CITY REVENUES
Follow-up Study Authorized by
City Council Adoption of 2010-11 Budget on August 24, 2010
Fees or Taxes: Proposed in Budget
o Building Fees (OJ) page 1
o Playing Field Use Fees (JM) page 2
o Business License Tax (SL) page 3
o Refuse Franchise Tax (SL) page 4
o Refuse Contract Administration(SL) page 5
[g] Admission Fee (SL) page 6
o Fines and Forfeitures (BM) page 7
o Sewer Rates (JO) page 8
Fee being reported on: Admission Tax
Person Responsible: Sandy Lipitz
Brief Fee Description: New Tax on all Businesses that charqe Admission at certain venues that charqe patrons admission
Progress made since last reporting:
Staff has bequn collectinq preliminarv data on California cities that have an admissions tax.
Next Steps in Process:
An SSU intern will be on-board in March and will be assiqned the task of finalizinq the data research. Staff will analvze the data
and prepare a draft report. The draft report will be presented at a Work Session with City Council for discussion and direction as
part of the 2011-12 budqet process. Staff will also work with the business community that will be impacted bv the admissions
tax.
Time Schedule for moving forward:
1. Complete research and analvsis bv March 31 st.
2. Complete draft report bv mid April.
3. Present to City Council in April/Mav
4. Meet with businesses impacted bv tax. as well as local business qroups.
Estimated time to bring to Council for adoption:
June 2011
Any particular requirements:
[g] Further staff analysis
[g] Retain special assistance or consultant
[g] Needs voter approval - prepare for election
o Other - specify
Further Comment:
Estimated annual revenue - first full year after implementation:
To be determined based on Financial Analvsis and Council direction
QUARTERLY PROGRESS REPORT ON
NEW OR INCREASED CITY REVENUES
Follow-up Study Authorized by
City Council Adoption of 2010-11 Budget on August 24, 2010
Fees or Taxes: Proposed in Budget
o Building Fees (OJ)
o Playing Field Use Fees (JM)
o Business License Tax (SL)
o Refuse Franchise Tax (SL)
o Refuse Contract Administration(SL)
o Admission Fee (SL)
o Fines and Forfeitures (8M)
o Sewer Rates (JO)
page 1
page 2
page 3
page 4
page 5
page 6
page 7
page 8
Fee being reported on: Parking Citation Processing
Person Responsible: Christine Giordano
Brief Fee Description: Currently Parking Citations are turned over to the County for processing. The fees assessed are
in the form of revenue sharing with the County taking roughly 30% of the revenues (there is a tiered structure) for the
cost of administering the program. The County contracts with the Phoenix Group to provide collection of fees.
Petaluma contracts directly with the Phoenix Group. A preliminary review indicates there might be substantial cost
savings to contract directly with the Phoenix Group for collecting parking citation fines thus increasing the amount of
revenue brought in from parking citations.
Progress made since last reporting:
Most of the initial research has been completed, however, there are still a few questions regarding expenditures that the
County covers that we would be required to take over. I'm working on collecting this information to provide a
comprehensive report.
Next Steps in Process:
Contacting the County for further details of the cost breakdown associated with their portion of the revenue split.
Time Schedule for moving forward:
I hope to have this information put together and sent to Technical Services Manager Mazzanti for review by April 1, 2011
Estimated time to bring to Council for adoption:
I hope to have this brought to Council in July 2011.
Any particular requirements:
o Further staff analysis
o Retain special assistance or consultant
o Needs voter approval - prepare for election
o Other - specify
Further Comment:
Estimated annual revenue - first full year after implementation:
2/17/2011
QUARTERLY UPDATE ON NEW
OR INCREASED REVENUES
February 22} 2011
Business
License Tax
Annual tax on
businesses in
Rohnert and those
outside R.P. that do
business in the City.
None. Staff resources
focused on existing
priorities.
SSU intern to
perform research and
a na lysis of tax. Draft
report presented to
Subcommittee(s) and
Council. Meetings
scheduled with
business community.
1
2/17/2011
Admissions Tax Establish new tax
for City businesses
that charge
admission.
Preliminary research
a nd collection of data
on California cities that
have an admissions tax.
SSU intern to
perform research and
a na lysis of tax. Draft
report presented to
Council. Meetings
scheduled with
businesses that
would be impacted.
Sewer Rates
Staff, working with
rate consultant and
Sewer Sta keholder's
Group to review
current sewer rates
and cost of service.
Communication
material
prepa red;
Stakeholder
Group scheduled
to meet with
va rious
community
groups; rate
study completed.
P resent rate stu dy .
Currently
underway, to
Council for
discussion and
direction. Mail
Public Hearing
notices; hold public
hearing; adopt new
sewer rates.
2
MINUTES OF THE JOINT REGULAR MEETING
OF THE CITY OF ROHNERT PARK
City Council
Community Development Commission
Rohnert Park Financing Authority
Tuesday, February 8, 2011
Rohnert Park City Hall, Council Chamber
130 Avram Avenue, Rohnert Park, California
1. CALL TO ORDER/ROLL CALL
Mayor Belforte called the City Council/CDC/RPF A joint regular meeting to order at 5 :00 p.m.
Present: Gina Belforte, Mayor
Jake Mackenzie, Vice Mayor
Amy Ahanotu, Council Member
Joseph T. Callinan, Council Member
Pam Stafford, Council Member
Staff present: Gabriel Gonzalez, City Manager; Michelle Marchetta Kenyon, City Attorney;
and Judy Hauff, City Clerk.
2. PLEDGE OF ALLEGIANCE
Led by Madison Norman, Student, Monte Vista Elementary School.
3. SSU STUDENT REPORT
Sonoma State University Associated Students, Inc. (SSU AS I) Legislative Representative,
Cameron Baxter, Speaker of the Senate, distributed Sonoma State Star publication and SSU
Events Card for 2011 and reported on current activities at SSU.
4. PRESENTATIONS
A. Sonoma Mountain Business Cluster Update by Michael Newell, Executive Director
B. Sonoma-Marin Area Rail Transit (SMART) Presentation on the SMART passenger rail
project, rail service and stations by Chris Coursey, Community Outreach Manager.
Council indicated agreement during discussion of this item for Vice Mayor Mackenzie,
as a member of the SMART Board of Directors, to find out if Rohnert Park has the
ability to make a change on the location of the Rohnert Park site and for staff to research
the feasibility of relocating the proposed SMART site for Rohnert Park.
C. Sonoma County Water Agency (SCW A) Presentation on 2011/12 Wholesale Rates
Grant Davis, General Manager of Sonoma County Water Agency, introduced other
representatives of Sonoma County Water Agency present for this item: Brad Sherwood,
Public Information Officer; Spencer Bader, Division Manager of Administration; and
Michael Gossman, Manager of Budget and Accounting, who gave this presentation.
Minutes of the City of Rohnert Park JOINT REGULAR MEETING (2 of 7)
or Cit Council/Communi Develo ment Commission/Rohnert Park Financin
5. CITY MANAGER / CITY ATTORNEY / DEPARTMENT HEAD BRIEFINGS
A. Public Safety Department - Part 1 2010 Unified Crime Report by Director of Public
Safety Brian Masterson.
6. PUBLIC COMMENTS - Mayor Belforte invited public comments at 6:44 p.m.
1. John McEntagart, resident, shared traffic concerns on Snyder Lane and Country Club Dr.
2. Juanita Salisbury, resident, shared comments in support of changing SMART train
station for Rohnert Park from proposed north site to vicinity of State Farm location.
3. Bert Bangsberg, Santa Rosa, represents property owner of old Yard Bird site, commented
on proposed SMART train station location and availability of Metropolitan
Transportation Commission (MTC) matching grant funds as a possible use of the City's
Redevelopment funds. He distributed copies of December 2009 MTC grant report on the
SMART Station Area Planning Grant Recommendations.
4. Celestina Buckley, resident, Volunteer Coach of Rohnert Park Girls Softball Association,
shared comments requesting financial assistance from local businesses and the City for
maintenance on M Park Fields in preparation for future tournaments. She provided the
list of estimated costs for Field Improvement/Drainage and Dirt.
7. CONSENT CALENDAR
Council Member Ahanotu pulled Item No. 7.B.1 on City Bills.
City Manager Gonzalez pulled Item No. 7.A.1 for corrections to minutes.
Mayor Belforte pulled Item No. 7.D.
A. Approval of Minutes for:
1. City Special Meeting - January 24,2011
B. Acceptance of Reports for:
2. CDC Bills/Demands for Payment
C. City Council Resolutions for Adoption:
1. 2011-12 Approving Job Description and Salary Range for Economic Development
Manager (Full-time) and Authorizing Recruitment for the Position
E. Ordinance for Adoption: Waive Reading and Adopt Ordinance:
1. No. 833 Amending Section 2.24.040, Term of Office of Members, of Chapter 2.24,
Cultural Arts Commission, of the Rohnert Park Municipal Code
ACTION: Moved/seconded (Mackenzie/Callinan) and carried unanimously to approve the
Consent Calendar items with the exception of Item Nos. 7 .A.1 (Joint Regular
Meeting Minutes of January 25, 2011), 7.B.A (City Bills), and 7.D (Retiree
Healthcare Plan Actuarial Valuation for FY 2010/11).
Items removed from Consent Calendar for discussion:
Minutes of the City of Rohnert Park JOINT REGULAR MEETING (3 of 7)
or Cit Council/Communi Develo ment Commission/Rohnert Park Financin
B. Acceptance of Reports for:
1. City Bills/Demands for Payment
Council Member Ahanotu indicated he would be abstaining on this item due to
payment for a conference he attended listed on page 6.
ACTION: Moved/seconded (Callinan/Mackenzie) and carried 4 - 0 - 1 abstaining
(Ahanotu) to approve City Bills/Demands for payment.
A. Approval of Minutes for:
2. City-CDC-RPF A Joint Regular Meeting - January 25,2011
City Manager Gonzalez noted two corrections to these minutes: (1) on page 4, Item
No.9 on Retiree Healthcare Plan Actuarial Valuation under public comments, that
Don McNair is the President of the Association of Retired Employees; and (2) on
page 5, Item No. 13 on Project Graduation Committee, the staff report was by City
Manager Gonzalez. Mayor Belforte referred to the last page of these minutes, Item
No. 18.C.2 under Other Reports, to correct the spelling of the named Chinese
representative to Chairman Mein Chou.
ACTION: Moved/seconded (Mackenzie/Callinan) and carried unanimously to approve the
City-CDC-RPF A Joint Regular Meeting Minutes of January 24, 2011 with
above-reviewed corrections as stated.
D. Acceptance of Retiree Healthcare Plan Actuarial Valuation as of July 1,2010 for Fiscal
Year 2010/11 Governmental Accounting Standards Board Statement No. 45 (GASB 45)
ACTION: Moved/seconded (Mackenzie/Callinan) and carried unanimously to approve the
acceptance of above-titled Retiree Healthcare Plan Actuarial Valuation for Fiscal
Year 2010/11 with the understanding that within six months staff is directed to
include establishing a stakeholders group in upcoming budget reviews.
8. CITY COUNCIL TRAVEL AND MEETING EXPENDITURES POLICY - Review of
Allocation Policy for City Council Travel and Meeting Expenditures
A. Staff Report by City Manager Gonzalez
B. Public Comments
Mayor Belforte invited public comments on this item at 7:07 p.m. No one responded.
C. Council discussion/direction - COUNCIL CONCURRED to continue with the policy
currently in place for City Council Travel and Meeting Expenditures including provisions
for flexibility and quarterly report updates.
9. PUBLIC ART ORDINANCE - Introduction of Ordinance Repealing Chapter 17.18, "Public Art,"
of Title 17, "Zoning," of the Rohnert Park Municipal Code
Minutes of the City of Rohnert Park JOINT REGULAR MEETING ( 4 of 7)
or Cit Council/Communi Develo ment Commission/Rohnert Park Financin
A. Staff Report by Director of Development Services Jenkins
B. Public Comments
Mayor Belforte invited public comments on this item at 7:21 p.m. No one responded.
C. Ordinance for Introduction: Waived Full Reading and Introduced Ordinance by Reading Title:
1. No. 835 Repealing Chapter 17.18, "Public Art," of Title 17, "Zoning," of the Rohnert Park
Municipal Code
ACTION: Moved/seconded (Stafford/Callinan) and carried 4 - 1 dissenting (Mackenzie) by
roll call vote to introduce Ordinance No. 835.
10. SEWER USE ORDINANCE - Introduction of Ordinance Repealing and Replacing
Chapters 13.08 (Sewer Use Ordinance-Purpose and Applicability), 13.12 (Definitions), 13.16
(Sewers-General Provisions, 13.26 (Sewer Laterals and Private Sewers), 13.28 (Sewer
Users), 13.32 (Sewer Use Permits), 13.36 (Sewers-Regulation of Waste Discharges), 13.48
(Sewers-Administration, and 13.52 (Sewers-Enforcement) of Title 13, Water and Sewers, of
the Rohnert Park Municipal Code
A. Staff Report by Deputy City Engineer Barnes
B. Public Comments
Mayor Belforte invited public comments on this item at 7:37 p.m. No one responded.
C. Ordinance for Introduction: Waived Full Reading and Introduced Ordinance by Reading Title:
1. No. 834 Repealing and Replacing Chapters 13.08 (Sewer Use Ordinance-Purpose
and Applicability), 13.12 (Definitions), 13.16 (Sewers-General Provisions,
13.26 (Sewer Laterals and Private Sewers), 13.28 (Sewer Users), 13.32
(Sewer Use Permits), 13.36 (Sewers-Regulation of Waste Discharges),
13.48 (Sewers-Administration, and 13.52 (Sewers-Enforcement) of Title 13,
Water and Sewers, of the Rohnert Park Municipal Code
ACTION: Moved/seconded (Callinan/Mackenzie) and carried unanimously to introduce
Ordinance No. 834.
11. COMMISSION / COMMITTEE / BOARD APPOINTMENTS
A. Council nominations and appointments to advisory bodies for current vacancies and/or
terms expired December 31, 2010
1. Bicycle Advisory Committee - Three two-year terms:
COUNCIL CONCURRED with the re-appointment of Terry Gault (Belforte
nomination), new appointment of Tim Hensel (Callinan nomination), and to continue
advertising for the remaining vacancy (Ahanotu nomination).
2. Cultural Arts Commission - Three two-year terms:
Minutes of the City of Rohnert Park JOINT REGULAR MEETING (5 of 7)
or Cit Council/Communi Develo ment Commission/Rohnert Park Financin
COUNCIL CONCURRED with the new appointment of Chuni Anello (Mackenzie
nomination) and to continue advertising for the remaining two vacancies (Ahanotu
and Stafford nominations).
3. Senior Citizens Advisory Commission - Two two-year terms:
COUNCIL CONCURRED with the new appointment of David Wassen (Callinan
nomination) and to continue advertising for the remaining vacancy (Belforte
nomination) .
12. STANDING COMMITTEE / AD HOC COMMITTEE / LIAISON REPORTS
A. Standing Committee Reports - None
B. Liaison Reports
1. Redwood Empire Municipal Insurance Fund (REMIF) 1/27-28/11 Conference
Council Member Callinan and City Manager Gonzalez reported on this conference.
Mr. Callinan's portion of this report included sharing handouts from City of Arcata
on Economic Development.
2. Water Advisory Committee, 2/7/11 mtg. (JM/GB)
Vice Mayor Mackenzie reported on this meeting.
3. Sonoma State University Education Retreat
Mayor Belforte reported on the recent SSU Retreat she attended as a participant on a
panel for Economic Development which included review of an intern program and
student poster project for Sonoma County. Vice Mayor Mackenzie shared an
example of one of the posters for the student poster project and reported on the table
discussions at lunch he attended for this SSU Education Retreat.
4. Senior Planning Workshop of Sonoma State University
Vice Mayor Mackenzie indicated the long term planning class of the Environmental
Studies and Planning Department at SSU will be utilizing the Council Chamber at
City Hall for its workshop on February 17th.
C. Other Reports
1. Legislative Report-Senate Budget Subcommittee Hearing on Redevelopment, 2/3/11
Mayor Belforte reported on this Subcommittee Hearing she and City Manager Gonzalez
attended last week.
2. Other - Council Member Stafford reported on the following: SSU President Ruben
Armenana gave a good report at the recent Chamber Noon Times; the Chamber of
Commerce had its Crab Feed last Saturday and SSU JUMP students helped set up
tables and serve food; and Rock N Roll to School Event at Hahn Elementary School a
couple weeks ago encouraging students to walk or ride bikes to school.
Mayor Belforte commended the success of February 4th, 5th and 6th Student
Spectacular High School Production of Les Miserables at the Spreckels Performing
Arts Center.
Minutes of the City of Rohnert Park JOINT REGULAR MEETING (6of7)
or Cit Council/Communi Develo ment Commission/Rohnert Park Financin
Vice Mayor Mackenzie also commended the Student Spectacular performance at the
Performing Arts Center this past weekend, success of Tasty Tuesdays in its second
week of operation at the Community Center, and success of recent Simon and
Garfunkel Retrospective. He called attention to the continued need for better
entrance lighting and signage at the Performing Arts Center.
13. COMMUNICATIONS - None
14. MATTERS FROM/FOR COUNCIL
A. Council Member Stafford shared her son Kyles's ad for Pepsi Max was in the Super Bowl.
B. Council Member Ahanotu commented on the League of California Cities Conference he
attended recently and shared the informational pamphlets he received at the conference to
be available for review upon request.
C. Vice Mayor Mackenzie commented on the Mayors' and Councilmember's Association
meeting scheduled this Thursday and advised there would be another Sonoma-Marin
Area Rail Transit (SMART) Presentation at this meeting.
D. Mayor Belforte commented on recent information on the state government looking at
doing away with Community Development Block Grant (CDBG) funds and requested an
update at the next Council meeting on what the impact would be to the city.
E. Mayor Belforte commented on recent good news regarding Keller Supply Company and
Pace Supply taking extensive space for light industrial building at the State Farm location.
F. Mayor Belforte commended numerous recent newspaper articles in the Press Democrat
highlighting Rohnert Park.
15. PUBLIC COMMENTS
Mayor Belforte invited public comments at 8:10 p.m. No one responded.
16. RECESS TO CLOSED SESSION IN CONFERENCE ROOM 2A
Mayor Belforte recessed this meeting to closed session to consider:
A. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
(Government Code S54956.9)
Significant exposure to litigation pursuant to subdivision (b) of Government Code
S54956.9: 1 case
B. PERSONNEL MATTERS (Government Code S54957)
PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: City Manager
Routine six-month performance review of City Manager
17. RECONVENE JOINT REGULAR MEETING OPEN SESSION IN COUNCIL CHAMBER
Mayor Belforte reconvened this meeting at 9:50 p.m. with all Council Members present.
Minutes of the City of Rohnert Park JOINT REGULAR MEETING (7 of 7)
or Cit Council/Communi Develo ment Commission/Rohnert Park Financin
18. MAYOR'S REPORT ON CLOSED SESSION (Government Code ~ 54957.1)
Mayor Belforte advised there was nothing to report from closed session.
19. ADJOURNMENT of City Council-CDC-RPFA Joint Regular Meeting
Mayor Belforte adjourned this meeting at 9:51 p.m.
Judy Hauff, City Clerk
City of Rohnert Park
Gina Belforte, Mayor
City of Rohnert Park
CITY OF ROHNERT PARK
'BILLS FOR APPROVAL
February 22, 2011
Check Numbers: 197430 -197684
Dated: February 3, 2011 .. February 16, 2011
TOTAL
$685,490.14
$685~490.14
Accounts Payable
Che~ks for App~oval
User: cpomsyda
Printed: 02/16/2011
3 :04 PM
Amount
4)675.00
4,675.00
166.80
166.80
346.50
346.50
237.45
28.85
266.30
10,000.00
10,000.00
165.00
143.00
- -
308.00
108.75
- -
108.75
-
Page
Vendor Name
Contra Costa County
Check Total
Jaime. J Dvel
Check Total
Whitlock &-Weinberger Transpor
Check Total
Your Other Office, Inc.
Your Other Office, Inc.
Check Total;
Apex Imaging & Painting Co~
Check Total:
The Community Voice
The Community Voice
Check Total:
GERONIMO ROMERO
Check Total:
Account Name
Police trraining & Ed
Accounts Payable
Planning /Contractual S
Plarming /Professional
Planning /Professional
Refundable Deposits
Refundable Deposits
Refundable Deposits
Refundable Depo~i~s
Fund Name
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
3:04PM
Utility Fund
Checks for Approval ( 02/16/2011
Check Date
02/09/2011
02/09/2011
02/03/2011
02/07/2011
02/09/2011
02/09/2011
02/09/2011
02/09/2011
02/09/2011
Check Number
197430
197432
197434
197433
197433
197435
197435
197436
197431
AP
Amount
4,598.30
4,598.30
27~O81~71
5~423.79
27~O81.71
-33,030.38
524.88
5,423.79
-3,499.22
-1,224.73
..699.84
27,081.71
....
93.57
185.09
278.66
85.99
85.99
296.06
296.06
20.18
20.18
55.00
55.00
561.45
561.45
-
Page 2
Vendor Name
R3 Consulting Group
Check Total
Rohnert Park Disposal
Rohnert Park' Disposal
Robnert Park Disposal
Robnert Park Disposal
Rohnert Park Disposal
Rol:1nert Park Disposal
Rohnert Park Disposal
.Rohnert.Park Disposal
Rohnert Park Disposal
, '
Collection/Contract Svcs- Rp Di
City Contractual Svcs
Refuse Cot Entr leash
Refuse Col Entr leash
Refuse Col EntrJR~fuse DivJEd
Cash
Refuse Franchise Fees
Admin~Svcs.-Refuse Rechg
Admin.Svcs.- Refuse Rechg
Check Total
AT&T
AT&T
/Telephone
/Telephone
Sewer' Eutr.
Sewer Entr.
Check Total
Vehicle Gas & Oil
Chevron and Texaco Business Ca
Check Total
Check Total
Check Total
Sunset Linen Service
CA Dept. of Public Health
Check Total
Chevron and Texaco Business Ca
Check Total
Account Name
Refuse Col Entr /ContractuaI S
DLT SOLUTION, INe
!Miscellaneous
Sewer Entr.
/Clothi1?-g Allow
rrraining & Ed
VEHICLE GAS & OIL
Check Number Check Date Fund Name
197437 02/09/2011 Utility Fund
197438 02/09/2011 Utility Fund
197438 02/09/2011 Utility Fund
197438 02/09/2011 - Utility Fund
197438 02/09/2011 Utility Fund
197438 02/09/2011 Utility Fund
197438 02/09/2011 General Fund
197438 02/09/201 ] General Fund
197438 02/09/201 ] General Fund
197438 02/09/2011 General Fund
]97439 02/09/2011 Utility Fund
197439 . 02/09/2011 Utility Fund
197440 02/09/2011 Utility -Pund
197441 02/09/2011 Utility Fund
197442 02/09/2011 Utility Fund
-
197443 02/09/2011 Utility Fund
197444 02/09/2011 Utility Fund
-
AP - Checks for Approval ( 02/16/2011 3:04 PM
Sewer Entr.
Water Entr.
Account Name Venljor Name
Water Entr." !Miscellaneous DLT SOLUTION, me
Check Total
Water Entr. /Spec Dept Equ Farm Plan
Check Total
Water Entr. /Smatl Tools Friedman's
Check Total:
Water EntJDistrib SystemRepair Grainger, Inc.
Water EntIDistrib SystemRepai"r Grainger, Inc..
Water Entr~ lSpec. Departm Grainger, Inc.
Check Total
Water Entr~ !Training & Ed " Tony Gutsch
Check Total
Water Entr~ /Spec Dept "Equ Home Depot
Water Entr~ /Spec Dept Equ Home Depot
Water Entr~ ISpec Dept -Equ Home Depot
Water Entr~ ISpec Dept Equ . Home Depot
Check Total
Water Entr. " ISpec. D"epartm Kelly-Moore Paint Company~ Ine
Check Total
Water EntiDistrib SystemRepair Pace _Supply
Water EntIDistrib SystemR:.epair Pace Supply
Water EntIDistrib SystemRepair Pace Supply
Water EntIDistrib SystemRepair Pace Supply
Water EntIDistrib SystemRepair Pace Supply
Water 'Ent/Distrib SystemRepair Pace Supply
Check Number Check Date Fund Name
197445 02/09/2011 Utility Fund
197446 02/09/2011 Utility Fund
197447 02/09/2011 Utility Fund
197448 02/09/2011 Utility Fund
197448 02/09/2011 Utility Fund
197448 02/09/2011 Utility Fund
197449 02/09/2011 Utility Fund
197450 02/09/2011 Utility Fund
197450 02/09/2011 Utility Fund
197450 02/09/2011 Utility Fund
197450 02/09/2011 Utility Fund
197451 02/09/2011 Utility Fund
197452 02/09/2011 Utility Fund
197452 02/09/2011 Utility Fund
197452 02/09/2011 Utility Fund
197452 02/09/2011 Utility Fund
197452 02/09/2011 Utility Fund -
197452 02/09/2011 Utility Fund
-
AP - Checks for Approval ( 02/16/2011 3:04 PM
Amount
5,906.82
31.80
1,973.13
9.88
2,014.81
55.00
55.00
361.00
139.07
500.07
159,014.19
159,014.19
45~09
45.09
157.55
157.55
600.00
600.00
714.00
1,624.00
121.00
213.00
64.70
388.5"S
583.00
-
Page 4
Check Number Check Date Fund Name
197453 02/09/2011 Utility Fund,
197453 02/09/2011 Utility Fund
197453 02/09/2011 Utility Fund
197454 02/09/2011 Utility Fund
197455 02/09/2011 Utility Fund
197455 02/09/2011 Utility Fund
197456 02/09/2011 Utility Fund
197457 02/09/2011 Utility Fund
197458 02/09/2011 Utility Fund
197459 02/09/201l Utility Fund
197460 02/10/2011 General Fund
197460 02/10/2011 General Fund
197460 02/10/201 I General Fund
197460 02/10/2011 General Fund
197460 02/10/201 I General Fund
197460 02/10/2011 General Fund
197460 02/10/2011 General Fund
...-
AP .. Checks for Approval ( 02/16/20 I 1 3:04 PM )
Amount
3,709.28
840~OO
880400
1,720.00
61.00
61 ~ 00
257.40
257.40
22.98
22.98
285. I 5
44.35
29.83
518.86
29.96
58.72
84.51
60.81
29.96
71.53
14.38
14.38
29.34
58.72
38.59
87.43
189.44
1~645.96
10.00
Account Name Vendor Name
Check Total:
Finance IContractual S Accountemps
Finance IContractual S Accountemps
Check Total:
Non-Department /Training & Edu Greg Adams
Check Total:
R~P. Comm..Cntr IContractual S Art & Soul Music Studios
Check Total:
R.P. Gymnasium /Telephone AT&T
Check. Total
Ps Main Station rr elephone AT&T
Data Processing /Telephone AT&T
Publ Works Gen rrel~phone AT&T
Ps Main Station /Telephone ' AT&T
R.P. Comm4.Cntr !Telephone AT&T
City Hall /Telephone . AT&T
Data Processing !Telephone AT&T
Ps Main Station /Telephone. AT&T
Animal.Shelter /Telephone AT&T
H Pool /Telephone AT&T
Benecia Pool /Telephone AT&T
Magnolia Pool !Telephone AT&T
PIS Bldg- North /Telephone AT&T
City Hall IT elephone AT&T
PIS Bldg-South fTelephone AT&T
City Hall /Telephone AT&T
City Hall ffelephone AT&T
Check Total
Linda T. Babonis
Fund Name
General Fund
Gener81 Fund
Check Date
02/10/2011
02/10/2011
Check Number
197461
197461
General Fund
02/10/2011
197462
General Fund
02/10/2011
197463
General Fund
02/10/2011
197464
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
02/10/2011
02110/201 ]
02/10/20 l1
02/10/2011
02/10(2011
02/10/2011
02/10/2011
02/10/2011
02/10/2011
02/10/2011
02/10/2011-
02/10/2011
02/10/2011
02/10/2011
02/10/2011
02/10/2011
02/10/2011
197465
197465
197465
197465
197465
197465
197465
197465
197465
197465
197465
197465
197465
197465
197465
197465
197465
Page 5
)
General Fund
3 :04 PM
02/16/20] 1
02/10/2011
Checks for Approval
197466
AP
Amount
10.00
157~O5
157.05
23.40
23.40
340.08
105.20
71-5.34
1,160.62
700.00
.30.64
92.00
822.64
1,016.97
1,016.97
159.40
34.36
23.98
217.74
720.49
97.98
58.71
52.;23
929.4 ]
110.00
Page 6
Check Total:
Vendor Name
BK Upholste"ry
Account Nam"e
R.P~ "Gymnasium IBldg/Facilty
Check Total:
Pete Breeland
/Contractual S
Sports C~nter
Check Total
Buchanan Food Service
Buchanan Food Service
Buchanan Food Service
Pac !Facility Repa
Pac /Facility Repa
Publ Works Gen /Spec. Departm
Check Total
Business Card
Business Card
Business Card
Police /Tr~ininglEd.
Police / Cell Phone"
Police !Training & Ed
Check Total
Business Card
/Spec~ Departm
Fire
Check Total
Business Card
Business Card
Business Card
rrraining" & Ed
rrravels & Mee
trraining & Ed
Police
Fire
Police
Check Total
Business Card
Business Card
Business Card
Business Card-
R.P. Gymnasium /Spec. Departm.
Ceramics Studio/Supplies
Ceramics Studio/Supplies'
R.P. Comm. Cntr /Bldg/Facilty
Check Total
CA Society of Municipal Finane
& Subscr
/Dues
Finance
Check Number Check Date Fund Name
197467' 02/10/2011 General Fund
]97468 02/10/2011 General Fund
197469 02/10/201 I General Fund
197469 02/10/2011 'General Fund
,197469 02/10/2011 General Fund
197470 02/10/2011 General Fund
197470 02/10/2011 General Fund
197470 02/10/2011 General Fund
197471 02/10/2011 General Fund
197472 02/10/2011 General Fund
197472 02/10/2011 General Fund
197472 02/10/2011 General Fund
197473 02/10/2011 General Fund
197473 02/10/2011 General Fund
197473 02/10/2011 General Fund
197473 02/]0/2011 Ge"eral Fund
197474 02/-10/2011 General Fund
-
AP - Checks for Approval ( 02/16/2011 3:04 PM)
Account Name Vendor Name
Check Total:
Ii Pool IBldg/Facilty Cal-Steam
Check Total:
PW...LandscapeILandscape Sup LAURA. CA1vIPBELL
Check Total:
Ceramics Studio-Cont Svcs Michele Carter
Check Total:
Dawn Cerini
Check Total
Street Lighting ISpec. Departm City Electric Supply
N on-Department /Self..Insured City Electric Supply
Street Lighting ISpec. Departm City Electric Supply
Check Total
Publ Works Gen /Spec~ Departm Complete Welders Supply
Check Total
R.P. Comm. Cntr IContractual S Gale Davis
Sports Center IContractual S Gale Davis
Check Total
R.P. Comm. Cntr IContractual S Gay Dawson
R.P. Comm. CntrlCoiltractual S Gay Dawson
Check Total
Ps Main Station IBldg/Facilty Department of Industrial Relat
Check Number' Check Date Fund Na"me
197475 02/10/2011 General Fund
197476 02/10/2011 General Fund
197477 02/10/2011 General Fund
197478 02/10/2011 General Fund
197479 02/10/2011 General Fund
197479 02/10/2011 General Fund
197479 02/10/2011 General Fund
197480 02/10/2011 General Fund
197481- 02/10/2011 General Fund
197481 02/10/2011 General Fund
197482 02/10/2011 General Fund
197482 02/10/201 ] General Fund
197483 02/10/2011 General Fund
-
AP .. Checks for Approval ( 02/16/20] 1 3 :04 PM
Account Name Vendor Name
Check Total
Planning /Dues & Subscr D.LT SOLUTION, INe
Check Total:
City Manager /Contractual Se John Dunn
Check Total:
Ps Main Station IBldg/Facilty Electrical Equipment-Company,
- .
Check Total:
Publ Works Gen -/Spec. Departm . Eureka Oxygen Co.
Magnolia Pool /Fac Maintenanc Eureka Oxygen Co.
H Pool /Bldg/Facilty Eureka Oxygen Co.
Benecia Pool IBldg/Facilty Eureka Oxygen Co.
Check Total:
PW -LandscapelLandscape Sup Fann Plan
PW -LandscapelLandscap,e Sup Farm Plan
Check Total:
H Pool /Bldg/Facilty Friedman's
R.P. Gymnasium /Bldg/Facilty Friedman's
Check Total:
PW -LandscapelLandscape Sup Gardeners Aid
PW -Landscape/Landscape Sup Gardeners Aid
Check Total:
City Manager !Travels & Mee Gabriel Gonzalez
Check Total:
Check Number -Check Date Fund Name
197484 02/10/2011 General Fund
197485 02/10/2011 General Fund
197486 02/10/20 II General Fund
197487 02/10/2011 General Fund
197487 02/10/2011 General Fund
.197487 02/10/2011 General Fund
. 197487 02/10/2011 General Fund
197488 02110/2011 General Fund
197488 02/10/201 I General Fund
]97489 02/10/2011 General Fund
197489 02/10/2011 General Fund
197490 02/10/2011 General 'Fund
197490 02/10/201 I General Fund
. 197491 02/10/2011 General Fund
AP - Checks for Approval (02/16/2011 - 3:04 PM)
Amount
-
83.90
20.67
60.07
13.67
32.53
21.80
24.42
-
257.06
49~55
92.43
177.26
16~33
25.56
I 1.6~33
-
. 477.46
188.78
-
188.78
'34.50
--------
34.50
1,OI0~OO
-
I~OI0~OO
1.3.~ 11
]3.11
140.00
140.00
500.00
Page 9
Check Total
Check Total
Check Total
Check Total
Check Total
Check Total:
Check Total
Account Name Vendor Name
Streets & Bike. /Spec. Departm Grainger, Inc.
R.P. Comm. Cntr /Bldg/Facilty Grainger, Inc.
Comm Cntr G~ds 1B1dg/Facilty Grainger, Inc.
Non-Departinent ICommunity Pro Grainger, Inc.
B.enecia Pool 1B1dg/Facilty q-rainger, Inc.,
H Pool. IBldg/Facilty Grainger, Inc.
PW..Landscape/Laridscape Sup Grainger, Inc~
Pac /Facility Repa Home Depot
R;P. Gymnasium 1B1dg/Facilty Home Depot
Magnolifl: Pool /Fac Maintenanc Home Depot
Park Maint /Spec. Departm Home Depot
R.P. Gymnasium IBldg/Facilty Home Depot
Non- Department ISelf-Insured Home Depot
PW - LandscapeiLandscape Sup Hori~on Distributors Inc.
City Hall IBldg/Facilty InfoStor
09 American Recov Act 8t Maint KLEINFELDER
Publ Wor~s Gen /Spec. Departm Martin Ranch Supply
Sports Center /Contractual S Julie McIntyre
General Sales Tax MuniServices, LLC
Check Number Check Date Fund Name
197492 02/10/2011 General Fund
197492 02/10/2011 General Fund
197492 02/~O/2011 General Fu.nd
197492 02/10/2011 General Fund
197492 02/10/2011 General Fund
197492 . 02/10/201 1 General Fund
197492 02/10/2011. General Fund
197493 02/10/2011 General Fund
197493 02/10/2011 General Fund
197493 02/10/2Dll General Fund
197493 02/10/2011 General Fund
197493 02/10/2011 General Fund
197493 02/10/2011 General Fund
197494 02/10/2011 General Fund
197495 02/10/2011 General Fund
197496 02/10/2011 Capital Projects Fund
197497 02/10/2011 General Fund
197498 02/10/2011 General Fund
197499- 02/10/20] 1 General Fund
-
AP - Che~ks for Approval ( 02/16/2011 3:04 PM
Amount
500.00
317.52-
190.51
481.95
-
989.98
29.90
-----'-------0-
29.90
97 8~ 78
2,066.73
161 ~52
104~O9
75a47
75~47
75~47
75.47
3,613.00
501.33
501.33
144.00
144.00
1,464434
37~32
1,50L66
957.58
957 ~58
-
Page 10
Check Total
Vendor Name
Inc~
Inc~
Inc.
N2 Media,
N2 Media,
N2'Media,
Name
Pac/City Events /Contractual S
:Pac/City Events /Contractual S
Pac/City Events /Contractual S
Account
Check Total:
National Document Solutions, L
N on..Department ISpec. Departm
Check Total-
CBS Newcal, Inc.
CBS Newcal, Inc~
CBS Newcal, Inc.
CBS Newcal, Inc.
CBS Newcal, Inc.
CBS Newcal, Inc.
CBS Newcal, Inca
CBS Newcal, Inc.
Police /Equipment Leas
City Hoa11 lRentILease/Ta
Recreation Adm IRent'Leaserrax
Cent~r lRentILeaserra
Publ Works Gen lRentILease/Ta
AnllnaIControl/EqptLe~e
Sports Center lRentILeaserrax
Pac/Admin /Rent/Lease/fax
Check Total:
Sprint' N extel Communications
Phone
Police / eel
Check Total:
North Bay Corporate Health. Ser
Pers.L & Purch lRecruibnentfG
Check Total
Office Depot
Office Depot
/Office Supplie
/Office Supplie
City Hal
City Hal
Check Total
Check Total
Pace Supply
1B1dgIFacilty
Benecia Pool
Check Number Check Date Funod Nanie
197500 '02/10/2011 General Fund
197500 02/10/201 ] General ,Fund
197500 02/10/201 ] General Fund
197501 02/10/201 ] General Fund
197502 02/10/2011 General Fund
197502 02/10/201 ] General Fund
197502 02/10/2011 General Fund
197502 02/10/2011 General Fund
197502 02/10/2011 General Fund
197502 02/10/2011 General Fund
197502 02/10/2011 0 General Fund
197502 02/10/2011 General Fund
197503 02/10/2011 General Fund
197504 02/10/2011 General Fund
197505 02/10/2011 General Fund
197505 02/10/2011 General Fund
197506 02/10/2011 General Fund
AP - Checks for Approval ( 02/16/2011.. 3 :04 PM )
Amount
41.44
60.40
52.47
1,486.41
260.97
27.66
1,929.35
4,571.87
4,571.87
1,244.00
1,244.00
~44.32
26.27
370.59
5.29
9.87
7.95
16.63
9.18
12.90
38.cS4
100.36
86. ] 5
86.' 15
22.61
22.61
180.00
-
Page 11
Account Name Vendor Name
Park Maint lH~atJLightIPo Pacific Gas & Electric
Park Maint lHeatJLightIPo Pacific Gas & Electric
PW - Traffic Sjgnals IHeatILight Pacific Gas & Electric
"City Hall lHeatILightIPo Pacific Gas & Electric
City Hall " lHeatILightIPo Pacific Gas & Electric
Alicia Park lHeatlLight/Po. Pacific Gas & Electric
Check Total:
Pers'L & Purch /Professional - '
PATRICK CLARK CONSULTING
Check T ota1:
Data Processing /Con1Iactual S Peelle Technologies
Check Total:
Pac IConcessions Petty Cash - PAC
Theatre /Oflice Supplie Petty Cash - PAC
Check Total:
R.P. Gymnasium /Spec. "Departm Petty Cash - Rec
R.P. Gymnasium /Spec. Departm Petty Cash - Rec
R.P. Gy~asium /Spec. ,Departm Petty Cash - Rec
Ceramics Stud'io/Supplies P~tty Cash - Rec
R.P. Gymnasium /Spec. Departm Petty Cash -Rec
R.P. Gymnasium" /Spec.,Departm Petty Cash - Rec
Community Event/Spec. Dep Petty Cash - Rec
Check Total:
Publ Works Gen {Gas & Oil PG&E
Check Total:
Police /Travels & Mee Patty Poon
Check Total
Sports Center /Contractual'S Shelby Rasmussen
Check Number .Check Date Fund Name
197507 02/10/2011 General Fund
197507 02/10/2011 General Fund
197507" ' 02/10/2011 General Fund
197507 02/10/201 I General Fund
197507 02/10/2011 General Fund
197507 02/10/2011 " General Fund
197508 02/10/2011 General Fund
197509 02/10/2011 General Fund
197510 02/10/20'11 General Fund
197510 02/10/2011 General Fund
197511 02/10/2011 Gen.eral Fund
197511 02/10/2011 General Fund
197511 02/10/2011 General Fund
197511 02/10/2011 General Fund
197511 02/10/2011 General Fund
197511 02/10/2011 General Fund
197511 02/10/2011 General Fund
197512 02/10/2011 General Fund
197513 02/10/2011 General Fund
1975"14 02/10/2011 ' General Fund
-
AP - Checks for Approval ( 02/16/2011 3 :04 PM
Amount
180.00
],851.69
338.20
2,189.89
729.06
729~O6
458.51
458.51
92.86
43.22
136.08
585.00
585.00
40.00
40.00
"537.95
537.95
79.70
79.70
550.00
550.00
-
Page 12
Account 'Name Vendor Name
Check Total:
Publ Works Gen, IGas & Oil Redwood Coast Petroleum
Publ Works Gen IGas & Oil Redwood Coast Petroleum
Check Total:
EAP Expense Redwood Empire Municipal Insur
Check.Total:
NonMDepartment /Self-Insured Redwood Lock & Key
Check Total:
Stree~s & Bike ISpec.. Departm Reliable Hardware & Steel Co.
Streets &. Bike ISpec. Departm Reliable Hardware & Steel Co.
Check Total:
R.P~ Coinm. Cntr lBldgfFacilty Rota-Rooter Plumbers
Check Total:
Rec Ref Clearing Judy Scholzen
Check Total:
Mark Sharp
Check Total:
Center _ IBldgfFacilty Sign A Rama
Check Total:
Ceramics Studio-Cont Svcs Randy Snyder
Check Total
Check Number" Check Date Fund 'Name
197515 02/10/2011 General Fund
197515 02/10/2011 General Fund
197516 02/10/2011 General Fund
197517 02/10/20] 1 General Fund
197518 02/10/2011 General Fund
197518 02/10/2011 General Fund
197519 02/10/2011 General Fund
197520 02/10/20] 1 General Fund
197521 02/10/20] 1 General Fund
197522 02/1 01201 ~. General Fund
197523 02/10/2011 General Fund
-
AP - Checks fOf Approval ( 02/16/2011 3:04 PM)
Amount
22,397.20
22~397 .20
40.00
40.00
357.50
357.50
102.22
102.22
270.00
270.00
284 ~5 9
284."59
302.22
302.22
1,608.00
1,150.00
2,758.00
984.00
984.00
150.00-
150.00
-
Page 13
Account Name Vendor Name
PaciRental / Admissions Sqnoma Thunder
Check Total:
Fire !Training & Ed State Fire Training
Check Total:
R.P ~ Comm. Cntr IContractual S Sue Stubblebine
Check Total:
Publ Works Gen /Clothing AHo Sunset Linen Service
Check Total:
City Hall 1B1dgIFacilty ,!,hyssenKrupp Elevator Corpora!
Check Total:
PW..LandscapeILandscape Sup Tire Distribution Systems, Inc
Check Total:
Finance ISpec. Departm Trope Group
Check Total:
R.P. Gymnasium IBldgIFacilty Universal Building Services
City Hall IBldWFacilty Universal Building Services
Check Total:
Street Lighting /Contractual S UTILITY & SITE INC.
Check Total:
PIS P~rsonnel /Eye Care Vision Health Optomerty
Check Total:
Check Number Check Date Fund Name
197524 02/10/2011 General Fund
197525 02/10/2011 General Fund
197526 02/10/2011 General Fund
197527 02/10/2011 General Fund
197528 02/10/2011 General Fund
197529 02/10/2011 General Fund
197530 02/10/2011 General Fund
197531 02/10/2011 General Fund
"197531 02/10/201 I General Fund
19753"2 02/10/2011 General Fund
197533 02/10/2011 General Fund
AP - Checks "for Approval ( 02/16/20 11 ~ 3 :04 PM
Am"ount
197.10
197.10
100.00
100.00
1,086.00
1,086.00
1.15
1.15
126.64
130.00
50.00
117.82
424.46
75.00
75.00
100.00
100.00
90,890.35
41,734.89
132,625.24
631.13
631.13
1,040.69
-
Page 14
Vendor Name
West Coast Graphics
Check Total:
Maty-Rita Williamson
/Co,ntractual S
Sports Center
Check Total:
Winzler & Kelly
Public Facils.Finance Plan Adm
Check Total:
Your Other Office, Inc.
Copeland Creek Bike Path Recon
Check Total
Business Card
Business Card
Business Card
Business Card
Recreation Adm /Publicity
Center /Spec~ Departm
Sports Center /Publicity
R.P. Gymnasium /BldglFacilty
Check Total:
CA FRANCHISE TAX BOARD
Court Order Payable
Check Total:
HSA Bank
Blue Cross Will Payable
Check Total
KAISER HEALTH PLAN INC
KAISER HEALTH PLAN INe
Insur
Kaiser WIH Payable
Emplyee Benfits /Medical
Check Total:
KAISER HEALTH PLAN INC
Insur
Emplyee Benfits /Medical
Check Total
LINCOLN NATIONAL LWE INS CO
Account Name
~P. Comm. Cntr IBldgIFacilty
Emplyee Benfits /Life Ins/Sala
Check Number Check Date Fund Name
197534 02/10/2011 General Fund
197535 02/10/2011 General Fund
197536 02/10/20] 1 Capital Projects Fund
197537 02/10/2011 Capital ~rojects Fund
197538 02/10/2011 General Fund
197538 02/10/2011 General Fund
197538 02/10/2011 General Fund
197538 02/10/2011 General Fund
197539 02/1 1/2011 General Fund
197540 02/] 1/2011 General Fund
197541 02/11/2011 General Fund
" 197541 02/11/2011 General Fund
]97542 02/11/2011 General Fund
197543 02/11/2011 General Fund
-
AP - Checks for Approval ( 02/16/2011 3:04PM
Amount
4,112.36
5,1.53.05
1,225.00
2,722.50
3,9.47.50
1,736.96
1,736.96
345.00
345.00
I ,O60~54
1,060.54
95.00
95.00
4,545~54
4,545.54
4,639.30
4,639~30
21,827.77
21,827:77
400.00
400.00
-
Page 15
Vendor Name
LINCOLN NATIONAL LIFE INS CO
Check Total
NATIONAL DEFERRED COMPEN"SATIO
NATIONAL DEFERRED COMPENSATIO
Check T ota1:
NATIONAL DEFERRED COIvlPENSATIO
Check Total:
CITY OF "ROHNERT PARK
Check Total:
SEIU Local 1021
Check Total:
U}.UTED WAY
Check -Total:
Vision Service- Plan ... (CA)
Check Total:
Vision Service Plan - (CA)
Check Total;
Burke, Williams & Sorensen, LL
Check Total:
TONY CARUSO
Check Total
Account' Name
Standard Ins Payable
Def Camp Payable-Ow
Def Comp Payable-Gw
D~f Comp Payable-Gw
Rpea" Dues
Scope Dues Payable
United Way Payable
Eye CareNSP/Payables
Emplyee Benfits /Eye Care
Refundable Deposits
Refundable Deposits
Check"Number Check Date Fund Name
197543 02/11/2011 General Fund
197544 02/11/2011 " General Fund
197544 02/11/2011 General Fund
197545 02/11/2011 General Fund
197546 02/11/2011 General Fund
197547 O;!/11/2011 General Fund
197548 ' 02/11/2011 General Fund
197549 02/11/2011 General Fund
197550 02/11/2011 General Fund
197551 02/16/2011 General Fund
197552 02/16/2011 General Fund
AP - Checks for Approval ( 02/16/2011 - 3 :04 PM
Amount
-
60.00
...............
60.00
9.88
-
9.88
7~311. 72
7~311. 72
81.20
26.25
107.45
41.05
41.05
9,365.00
9,365.00
34.67
34.67
20.18
20.18
57LOO
571.00
58.04
23.43
-
Page 16
ACCOUdt Name Vendor' Name
Animal Shltr Training Fee Dep BRENDA EVANS
Check Total:
Refuse:" Travel!M:eetings . Linda T. Babonis
Check Total:,
Sewer Entr. !Professional Burke, Williams & Sorensen, LL
Check Total:
Sewer Entr. /Small Tools. Home Depot
Sewer Entr. /Bldg/FaciltY Home Depot
Check Total:
Sewer Entr. N ehicle Repair Pep Boys
Check Total:
Sewer Entr: /Contractual S The Reed Group
Check Total:
Sewer Entr. ISpec. Departm Alhambra & Sierra Springs
Check Total:
Sewer Entr. /Clothing Allow Sunset Linen Service
Check Total:
Water EntIDistrib SystemRepair Checkrite Backflow Services
Check Total
Water Entr. /Spec. Departm Complete Welders Supply
Water Entr. /Spec. ' Departm Complete Welders Supply
Check Number Check Date Fund Name
197553 02/16/2011 General Fund
197554 02/16/2011 Utility Fund
197555 02/16/2011 Utility Fund
197556 02/16/2011 Utility Fund
197556 02/16/2011 Utility Fund
197557 02/16/2011 Utility Fund
197558 02/16/2011 utility Fund
197559 02/16/2011 Utility Fund
197560 02/16/2011 Utility Fund
197561 02/16/2011 Utility Fund
.197562 02/16/2011 Utility Fund
197562 02/16/2011 Utility Fund
-
AP .. ~hecks for Approval ( 02/16/2011 3:04 PM)
Amount
-
--
81.47
815~75
-
8]5.75
40.00
40.00
40.00
40~OO
-
160~OO
101.49
-
101.49
113~75
29.64
...............
143.39
178.21
-
178.21
2,143.20
2,143.20
I ~281. ] 6
1,281.16
'60.60
60.60
2,452.39
966.86
-
Page 17
Account Name Vendor Name
Check Total
Water Entr. /Professional CSS Technologies
Check Total
WaterNehicle Repairs DAN'S SUPERIOR AUTO SERVICE
WaterN ehicleRepairs DAN.S' SUPERIOR AUTO SERVICE
WaterNehicle Repairs DAN.S SUPERIOR AUTO SERVICE
W. atefN ehicle Repair~ DAN.S SUPERIOR AUTO SERVICE
Check Total:
Water Entr. /Spec. Departm Grainger, Inc.
Check Total:
Water Entr. /Spec Dept Equ Home Depot
Water. EntIDistrib SystemRepair . Home Depot
Check Total:
Water Entr. ISpec Dept Equ Horizon Distributors Inc.
Check Total:
Water Entr. 1B1dgIFacilty Local G~vemment Services
Check Total:
Water Entr. !Water Meter.Re National Meter & Automation,
Check Total:
Water Entr. /Spec. Departm Office Depot
'Check Total:
Water EntJDistrib SystemRepair Pace Supply
Water Entr. /Spec Dept Equ Pace Supply
Check Number Check Date Fund Name
197563 02/16/20] 1 Utility Fund
197564 02/16/2011 Utility,Fund
197564 02/16/2011 Utility Fund
197564 02/16/201_1 Utility Fund
197564 02/16/2011 Utility Fund
197565 02/16/2011 Utility Fund
197566 02/16/2011 Utility Fund
197566 02/16/2011 Utility Fund
197567 02/16/2011 Utility Fund
197568 02/16/2011 Utility Fund
197569 02/16/2011 Utility Fund
197570 02/16/2011 Utility Fund
197571 02/16/2011 Utility Fund
197571 02/16/2011 Utility Fund
-
AP - Checks for Approval ( 02/16/2011 3~04 PM )
Amount
165.40
3~584~65
533~56
11.47
545.03
19~50
19.50
76.22
100.98
8.60
185.80
. 494.79
294.97
] 25.78
115.03
.1,030.57
94.49
94.49
45.09
45.09
123.21
, l23.21
4,750.05
-
Page 18
Account Name Vendor Name
Water Entr. /Spec Dept Equ Pace Supply
Check Total:
Water Entr. /Spec. Departril Reliable Hardware & Steel Co.
Water Entr. /Spec~ Departm Reliable Hardware & Steel Co.
Check Total:
W aterfV ehicle Repairs Royal Coach Chevron Car Wash
Check Total:
WaterN ehicle Repairs Santa Rosa Auto Parts
WaterNehicle Repairs Santa Rosa Auto Parts
WaterNehicle Repairs Santa Rosa Auto Parts
Check Total:
Water EntIDistrib SystemRepair Shamrock Materials
Water EntIDistrib Sy'stemRepair Shamrock Materials
Water Ent!Distri~ SystemRepair Shamrock Materials
Water EntIDistrib SystemRepair Shamrock Materials
Check Total
Waterty ehicle Repairs Smothers
Check Total
Water/Clothing Allowance Sunset Linen Service
Check Total
Water Ent/Distrib SystemRepair Syar Industries, Inc.
Check Total
Water Entr. iSmalt Tools TRANS CAT, INC
Check Number Check'Date Fond Name
197571 02/16/2011 Utility Fund
197572 02/16/2011 UtilitY Fund
197572 02/16/2011 Utility Fund
197573 02/16/2011 Utility Fund
197574 02/] 6/20 11- Utility Fund
197574 02/16/2011 Utility Fund
197574 02/16/2011 Utility Fund
197575 02/16/2011 Utility Fund
197575 02/16/2011 Utility Fund
197575 02/16/20 II Utility Fund
197575 02/16/2011 Utility Fund
197576 02/16/2011 Utility Fund
197577 02/16/2011 Utility Fund
197578 02/16/2011 Utility Fund
197579 02/16/2011 Utility Fund
-
AP -'Checks for Approval ( 02/16/201] 3:04 PM
Amount
4,750.05
14.17
14.-17
- 54.50
54.50
500.00
500.00
200.00
125.00
1,325.00
880.00
880.00
422~OO
422~OO
200~OO
200~OO
135.82
135.82
36.73
29.88
66.61
29.73
5~22
-
Page 19
Account Name Vendor Name
Check Total
Water EntlDistrib SystemRepair Wheeler Zamaroni
Check Total:
Water Entr~ /Spec. Departm Your Other Office't Inc.
Check Total:
Water Entr. IContractual S ,WILLDAN FINANCIAL SERVICES
Water Entr. /Contractual S WILLDAN FINANCIAL SERVICES
Water En~. IContracfual S WILLDAN FINANCIAL SERVICES.
Water Entr. IContractual S WILLDAN FINANCIAL SERVICES
Check Total:
Finance lContractual S Accountemps
Check Total:
Police ITrainingfEd. - Alameda County Sheriffs Offic
Check Total:
Police /Cantractual S' American Medical Response
Check Total:
Ps Main Station !Telephone .American Messaging
Check Total:
Animat Shelter 1B1dg/Facilty M Aramark Uniform S~rvices
Publ Warks Gen N ehicJe Repai Aramark Uniform Services
Check Total:
Publ Works.Gen ffelephone AT&T
Pac ffelephone AT&T
Check Number Check Date Fund Name
197580 02/16/2011 Utility Fund
. 197581 02/16/2011 Utility Fund
197582 02/16/2011 Utility Fund
197582 02/16/2011 Utility Fund
197582 02/16/2011 Utility Fund
197582 02/16/2011 Utility Fund
197583 02/16/2011 General Fund
197584 02/16/2011 General Fund
197585 02/16/2011 General Fund
197586 02/16/2011 General Fund
197587 02/16/2011 General Fund
197587 02/16/2011 General Fund
197588 02/16/2011 General Fund
197588 02/16/2011 General Fund
AP - Checks for Approval (02/16/2011- 3:04 PM
Amount
5.23
5.22
109.99
59.24
30.19
30.06
16.31
31.21
322.40
454.53
454.53
269.85
269.85
1,617.23
1,617.23
17.00
17.00
442.00
442.00
1,240.20
1,240.20
221.32
117.12
338.44
9,457.76
-
Page- 20
Vendor Name
AT&T
AT&T
AT&T
AT&T
AT&T
AT&T
AT&T
AT&T
Account Name
R~P. Gymnasium /Telephone
R.P. Comm. Cntr rrelephone
Signffelephone .
R.P. Gymnasium (Telephone
Animal Shelter /Telephone
Data Processing /Telephone
Ps Main Statio~ /Telephone
PIS Bldg-South /Telephone
Check Total:
Check Total:
Check Total
Inc.
Bay Area Sound & Security
Bayer HealthCare, LLC
Check Total
Caryn Bender
rrraininglE~.
Police
Check Total
Colett~ Benge
R.P. Comm. Cntr /Contractual S
Check Total
Sherry Blanchard
/Contractual S
Sports Center
Check Total:
Buchanan Food Service
Buchanan Food Service
Animal Shelter /BldgIFacilty M
City Hall-Annex IBldgIFacilty
Check Total:
Burke~ Williams & Sorensen, LL
/Professional
Legal Services
Check Number Check Date Fund Name
197588 02l16/20 11 General Fund
197588 02/16/2011 General Fund
197588 02/16/2011 General Fund
197588 02/16/201 ] General Fund
197588 02/16/2011 General Fund
197588 02/16/201 ] General Fund
197588 02/16/2011 General Fund
197588 02/16/2011 General Fund
197589 02/16/2011 General Fund
197590 02/16/2011 General Fund
197591 02/16/2011 General Fund
197592 02/16/20] 1 General Fund
197593 02/16/2011 General Fund
197594 02/16/2011 General Fund
197595 02/16/2011 General Fund
197595 02/16/2011 General Fund
197596 02/16/2011 General Fund
-
AP - Checks for Approval (02/16/2011 3:04 PM
The Barricade Company
& Bike. /Spec. Departm
Streets
/Contractual. S
Control/Medications
Animal Control
Animal
Amount
546.00
8,533.20
936.00
1,455.00
17~313.40
325.00
38~566.36
42.21
1,081.02
-4.97
1~118.26
16.75
83.40
320.42
420.57
130.00
130.00
42.85
42.85
125.00
125.00
341.25
341.25
79.55
79.55
-
Page 21
Account Name Vendor Name
Northeast Dist Specific Plan Burke, Williams & ~orensen, LL
South~ast Dist. Specific Plan Burke, Williams & Sorensen, LL
University Dist. Specific Plan 'Burke, Williams & Sorensen, LL
Legal Services /Professional Burke, Williams & Sorensen, LL
Legal Services /Professional Burke, .Williams & Sorensen, LL
Legal Services /Professional Burke, Williams & Sorensen, LL
Check Total;
Fire N ehicle Repai Burton's Fire, Inc.
Fire N ehicle Repai Burton's Fire" Inc.
Fire N ehicle Repai Burton's Fire, Inc.
Check Total:
Animal ControliMedications Butler Schein Animal Health Su
Animal ControlJMedications Butler Schein Animal Health Su
Animal Control/Medications Butler Schein Animal Health Su
Check Total:
Finance /Dues & Subscr CA ASSOC OF PUBLIC PROCUREMENT
Check Total:
Publ Works Gen ISmail Tools Cat-Steam
Check Total:
Fire N ehicle Repai Carl's Body Shop
Check Total:
Ceramics Studio..Cant Svcs Michele Carter
Check Total:
Dawn Cerini
Check Total
Fund Name
Capital Projects Fund
Capital Projects Fund
Capital Projects Fund
General Fund
General FlJnd
General Fund
Check Date
02/16/2011
02/16/20 II
02/16/2011
02/16/2011
02/16/2011
02/16/201 I
Check Number
197596
197596
197596
197596
197596
197596
General Fund
General Fund
General Fund
o2i16/201 I
02/16/~OI1
02/16/2011
197597
197597
197597
General Fund
General Fund
General Fund
02/16/2011
02/16/201.1
02/16/2011
197598
197598
197598
General Fund
02/16/2011
197599
General Fund
02/16/2011
197600
General Fund
02/16/2011
197601
General Fund
02/16/2011
197602
)
General Fund
3 :04 PM
02/16/2011
02/16/2011
Checks for Approval
197603
AP
Amount
-
1~ 748.75
1,748.75
17.00
17~OO
313.83
425.00
557~76
1~296~59
36~74
36~ 74
400~OO
400.00
242.00
1,042.00
30.45
30~45
72.63
72.63
26~19,9.66
26,199.66
I~026.50
I~026.50
418.16
-
Page 22
Vendor Name
Chevron and Texaco Business ea
Check Total:
JULIE CLARK
ffrairiinglEd.
Check Total:
Code Source
Code Source
Code Source
/Professional
/Professional
/Professional
Police
Planning-
Planning
Planning
Check Total:
Com cast
/Spec~ Departm
R.P. Gymnasium
Check Total
The Community Voice
The Community Voice
The Community Voice
J AdvertisingIP
I AdvertisingIP
/ Advertising/P
,Animal Control
Animal Control
Non..D~partment
Check Total
Complete Welders Supply
/Spec. Departm
Publ Works Gen
Check Total
COMPLETE WIRELESS
ISpec Dept Equ
Fire
Check Total
COMPUCOM
Data Processing /Software Main
Check Total:
CSS Technologies
Main Station 1B1dgIFaciIty
Ps
Check Total:
CUMMINS WEST
N ehicle Repai
Fire
Check N um ber Check Date Fund" Name
197604 02/16/2011 General Fund
197605 02/]6/2011 General Fund
197606 02/16/2011 General Fund
197606 02/16/2011 General Fund
197606 02/16/20 II General F~nd
197607 02/16/2011 General Fund
197608 02/16/20 II General Fund
197608 02/16/2011 General Fund
197608 02/16/2011 General Fund
197609 02/16/2011 General Fund
197610 02/] 6/20 11 General Fund
197611 02/16/20 II General Fund
197612 02/16/2011 General Fund
197613 02/16/2011 General Fund
-
AP - Checks for Approval ( 02/16/2011 3:04 PM )
Account Name
IGas & Oil
Police
Amount
Vendor Name
Account- Name
Fund Name
Check ,Date
Check Number
418.16
40~OO
40~OO
439.12
40~OO
40~OO
40400
40400
40400
40400
40.00
40400
-40.00
40.00
40.00
40.00
40.00
40.00
40.00
40.00
40.00
40.00
1 18.29
40.00
40.00
40.00
40.00
40.00
40.00
40.00
40.00
40.00
40.00
40.00
40.00
40.00
40~OO
40.00
40.00
40.00
40.00
Page 23
Check Total:
DANtS SUPERIOR AUTO SERVICE
DANS SUPERIOR AUTO SERVICE
DANS SUPERIOR AUTO SERVICE
DANS SUPERIOR AUTO SERVICE
DANS SUPERIOR AUTO SERVICE
DANiS SUPERIOR AUTO SERVICE
DAN'S SUPERIOR AUTO SERVICE
DAN'S SUPERIOR AUTO SERVICE
DAN'S SUPERIOR AUTO SERVICE
DAN'S SUPERIOR AUTO SERVICE
DAN'S SUPERIOR AUTO SERVICE
DAN'S SUPERIOR AUTO SERVICE
DAN'S SUPERIOR AUTO SERVICE
DAN'S SUPERIOR AUTO SERVICE
DANIS SUPERIOR AUTO SERVICE
DANS SUPERIOR AUTO SERVICE
DAN'S SUPERIOR AUTO SERVICE
DANiS SUPERIOR AUTO SERVICE
DAN'S SUPERIOR AUTO SERVICE
DAN'S SUPERIOR AUTO SERVICE
DAN.S SUPERIOR AUTO SERVICE
DAN'S SUPERIOR AurO SERVICE
DAN.S SUPERIOR AUTO SERVICE
DAN'S SUPERIOR AUTO SERVICE
DAN'S SUPERIOR AUTO SERVICE
DAN'S SUPERIOR AUTO SERVICE
DANt,S SUPERIOR AUTO SERVICE
DAN'S SUPERIOR AUTO SERVICE
DANtS SUPERIOR AUTO SERVICE
DANtS SUPERIOR AUTO SERVICE
DANS SUPERIOR AUTO SERVICE
DANS SUPERIOR AUTO SERVICE
DANS SUPERIOR AUTO SERVICE
DAN'S SUPERIOR AUTO SERVICE
DAN'S SUPERIOR AUTO SERVICE
DAN'S SUPERIOR AUTO SERVICE
DAN'S SUPERIOR AUTO SERVICE
DAN'S SUPERIOR AUtO SERVICE
DAN'S SUPERIOR AUTO SERVICE
DAN'S SUPERIOR AUTO SERVICE
Publ W Qrks Gen N ehicle Repai
Police _ IV ehicle Repai
Pub!' Works Gen N ehicle Repai
Publ Works Gen -NehicJe Repai
Publ Works Gen N ehicle, Repai
Publ Works Gen Nehicle Repai
Police N ehicl~ Repai -
Publ Works Oen N ehicle" Repai
Pub1 Warks Oen N ehicle Repai
Police N ehicie Repai
Codding Center / Vehicle Repai
Non-Departinent Nehicle Repai
Codding Center / Vehicle Repai
Recreation'Adm Nehicle Repai
Non-Department Nebicle Repai
Animal Control N ehicle Repai
Publ Works Gen N ehicle Repai
~ire N ehicte Repai
Police N ehicle Repai
Publ Works"Gen Nehi~le Repai
Pub] W ~rks G~n N"ehicle Repai
Police N ehicle Repw.
Police N ehicJe Repai
Police N ehicle Repai
Police N ehicle Repai
Planning N ehicle Repair
Planning . N ehicle Repair
Police IV ehicle Repai
Police N ehicle Repai
Police N ehicle Repai
Police N ehicle Repai
Police N ehicle Repai
Police N ehicle Repai
Police N ehicle, Repai
Police N ehicl~ Repai
Police tV ehicle Repai
Police _ N ehicle Repai
Police N ehicle Repai
Police N ehicle Repai
Police N ehicle Repai
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General F..,nd
General Fund
General Fund
General Fund
General Fund
General Fund
"General Fund_
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
3:04 PM )
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
'02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/20 II
02/16/2011
02/16/2011
02/16/20 II
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
Checks for Approval
197614
197614
197614-
t97614
197614
197614
197614
197614
197614
197614
197614
197614
197614
197614
197614
197614
197614
197614"
197614
197614
197614
197614
197614
197614
197614
197614
197614
197614
197614
197614
197614
197614
197614
197614
197614
197614
197614
197614
197614
197614
AP
Amount
-
40.00
-
2~117.41
84.90
84.90
286.24
286.24
276.90
276.90
114.98
114~98
345.75
345.75
169~90
169.90
166.29
56.71
223.00
64.00
64.00
775.13
775.13
-
Page 24
Account Name" Vendor Name
Police N ehicle Repw. DANS SUPERIOR AlITO SERVICE
Check 'Total
Dianna Delgy
Check T"otal
Police /TrainingJEd~ - Doubletree Hotel
Check Total
Sports Center IContractual S Denise Drake
Check Total:
Police N ehicle Repai ECO Automotive Distributors
Check Total:
Fire /Spec Dept Equ Emergency Equipment Management
Check Total:
Police /Contractual S Entersect
Check Total:
Animal Control/Spec. - Departm Frizelle-Enos Company
Animal ControVShelter Food Frizelle"..Enos Company
Check Total:
Rec Ref Clearing AMANDA FRONTINO
Check Total:
Fire /Uniforms Gilson "Embroidery
Check Total:
Check .Number Check Date Fund Name
197614 02/16/201] General Fund
197615 02/16/201 ] General Fund
197616 02/16/2011 General Fund
197617 . 02/16/2011 General Fund
197618 02/16/2011 General Fund
197619 02/16/2011 General Fund
197620 02/16/20] 1 General Fund
197621 02/16/2011 General Fund
197621 02/16/2011 General Fund
197622 02/16/2011 General Fund
197623 02/16/2011 General Fund
-
AP - Checks for Approval ( 02/16/2011 3:04 PM
Amount
71.18
71.18
17.00
17.00
102.41
37456
48.48
20.43
120~27
6403
51 ~20
51424
209432
11.27
122.15
22.38
18.16
820.90
249.00
249.00
138.27
1'38.27
14L76
18.42
232.22
0.11
125.27
516.60
1,034438
257~40
Page 25
Check Total
Check Total
Check T ota1:
Check Total:
Check Total:
Check Total:
Vendor Name
Golden Gate Pharmacy
MARA GOLDY
ITraininglEd.
Police
Inc.
Inc.
Inc.
Inc.
Inc.
Inc.
Inc.
Inc.
Inc.
Inc.
Inc.
Inc.
Inc.
Grainger,
Grainger,
Grainger,
Grainger,
Grainger,
Grainger,
Grainger,
Grainger~
Grainger,
Grainger,
Grainger,
Grainger,
Grainger,
Fire N ehicle Repai
Pub] Works Gen /Spec4 Departm
Animal Shelter IBldg/Facilty M
Publ Works Gen /BldgIFacilty.
Ps Main Station-lBldgIFacilty
Pub!' Works Gen /BldgIFacilty
- Library iFac MaintIN on..
R.P. Gymnasium /BldgIFacilty
Comm Cntr Gmds ISpec." Departm
Street Lighting /Spec~ Departm
Street Lig~ting /Spec~ Departm
Streets & Bike ISpec~ Departm
Fire N ehicle Repai
GYM DOCTORS
RP4 GymnaSium IBldgIFacilty
Joseph Halton, Printer
IOffic~ Supplie
Police
Hansel Ford
Hansel Ford
Hansel Ford
Hansel Ford
Hansel Ford
Hansel Ford
Nehicle Repai
N ehicle Repai
N ehicle Repai
N ehicle Repai
Nehicle Repai
-Nehicle Repai
Police
Police
Police
Police
Police
Poljce
KIERSTEN HILL
RP4 Comm. Cntr IContractual S
Check Number Check Date Fund Name
197624 02/16/2011 General Fund
197625 Oi/16/20 11 General Fund
197626 02/16/2011 General Fund
197626 02/16/2011 General Fund
197626 02/16/2011 General Fund
197626 02/16/2011 General Fund
197626 02/16/2011 General Fund
197626 02/16/2011 General Fund
197626 02/16/2011 General Fund
197626 02/16/2011 General Fund
197626 02/16/2011 General Fund
197626 02/16/2011 General Fund
197626 02/16/2011 General Fund
197626 02/16/2011 General Fund
197626 02/1.6/2011 General Fund
197627 02/16/2011 General Fund
197628 02/16/2011 General Fund
197629 o2/i 6/2011- General Fund
197629 02/16/2011 General Fund
197629 02/16/2011 General Fund
197629 02/16/2011 General Fund
197629 02/16/2011 General Fund
197629 02/16/2011 General Fund
197630 02/16/2011 General Fund
-
AP - Checks for Approval (02/16/2011 3:04 PM)
Account Name
Animal ControllMedications
Amount
257.40
84.32
30.66
114.98
60.00
60.00
42.72
22..81
24.00
37.56
-58471
-52.23
19.51
10.37
240.37
12.92
39.94
13.29
352.55
22.40
47.15
"69.55
5,276.70
5,276.70
27.24
27.24
57.93
-
Page 26
Account Name Vendor Name
Check Total:
Animal ControVShelter Food Hilrs Pet Nutrition Sales, In
Animal ControVShelter Food Hill's Pet Nutrition Sales, In
Check Total:
R.P. Comm. Cntr !Bldg/Facilty . The Hitmen Tennite & Pest Control
Check Total:
R.P. Comma CntrlBldg/Facilty Home. Depot
R.P. Gymnasium IBldg/Facilty Home Depot
Street Lighting /Spec. Departm Home Depot
PIS Bldg-North /Bldg/Facilty Home Depot
Ceramics. Studio/Supplies Home Depot
R.P. Comm. Cntr IBJdg/Facitty Home Depot
PIS Bldg-South IBldgIFacilty Home Depot
Ps Main Station IBldgIFacilty Home Depot
Ps Main .Station/Fac MaintINon- Home Depot
Ps Main Station IBldg/Facilty Home Depot
R.P. Comm. Cntr IBldgIFacHty HomeD~pot
R.P. Gymnasium IBldg/Facilty Home Depot
Check Total:
Streets & Bike / Landscape Sup Horizon Distributors Inc.
PW -Landscape/Lands.cape Sup Horizon Distributors Inc.
Check Total:
R.P. Comm. Cntr /Contractual S Bettyjane Hotaling
Check Total:
Ps Main S~tion /BldgIFacilty HSC Electronic Supply
Check Total:
Non-Department lBooksJPamphle INSTITUTE for LOCAL GOVERNMENT
Check Number. Check Date Fund Name
197631 02/16/2011 General Fund
19763] 02/16/2011 General Fund
197632 02/16/2011 General Fund
197633 02/16/2011 General Fund
197633 02/16/2011 General Fund
197633 02/16/2011 General Fund
197633 02/16/2011 General Fund
197633 02/16/2011 General Fund
197633 02/16/2011 General Fund
197633 02/16/2011. General Fund
197633 02/16/2011 . General Fund
197633 02/16/2011 General Fund
197633 - 02/16/2011 General Fund
-197633 02/16/2011 Gener31 Fund
197633 02/16/2011 General Fund
197634 02/16/2011 General Fund
197634 02/16/2011 General Fund
197635 02/16/201 I General Fund
197636 02/16/201 I General Fund
197637 02/16/201 ] General Fund
AP - Checks for Approval ( 02/16/2011 - 3 :04 PM )
Amount
57.93
145.00
145.00
175.50
-
175.50
36.61
-
36.61
58.15
-
58.15
1~505.00
1~505.00
1,562.75
937.65
2,768.30
178.60
5~447.30
248.52
248.52
37.19
74.35
111.54
115.70
-
Page 27
Account Name Vendor Name
Check T ota1:
Police rrr~ining!Ed~ Jeff Justice-
Check T ota1:
R.P. Comm. Cntr /Cpntractual S FR1\NK KRUZIC
Check Total:
Streets & Bike /Spec. Departm LAMPSON TRACTOR &
Check Total:
Police /Contractual S Language Line Services
Check Total:
Animal Control/Contractual S Barbara Leach~ D.V.M.
Check Total:
LED Street Light Conve'rsion Local Government Services
EMS PS building Local Government Services
Publ Works Gen IContractual S Local Government Services
Publ Works Gen /Contractual S Local Government Services
Check Total:
Fire IUnifonns MALLORY CO
Check Total:
Animal Control/Medica~ions Matheson Tri-Gas, Inc.
Animal ControIl?vledications Matheson Tri-Gas~ Inc.
_Check Total:
R.P. Comm. Cntr /Contractual S Clare Moore
Check Number ,Check Date Fund Name
197638 02/16/2011 General Fund
197639 02/16/2011 General Fund
197640 02/16/2011 General Fund
197641 02/16/2011 General Fund
197642 . 02/16/2011 General Fund
197643 02/16/201 ] Capital Projects Fund
197643 02/16/2011 Capital Projects Fund
197643 02/16/2011 General Fund
197643 02/16/2011 General Fund
197644 02/16/2011 General Fund
197645 02/16/20 I I General Fund
197645 02/1-6/2011 General Fund
197646 02/16/2011 General Fund'
-
AP - Checks for Approval ( 02/16/201 ] 3:04 PM
Amount
-
-
115.70
85.00
-
85.00
, 7 f2.34
373.80
-
1",086.14
40.00
40.00
80.00
117.06
3=, 773.69
4,207.69
8,098.44
450.00
450.00
205.00
205.00
98.65
73.70
31.14
13.79
87.16
85.94
390~38
864.24
-
Page 28
Check Total:
Vendor Name
Nardsons Enterprises, Inc.
Account Name
N ehicle Repai
Police
Check Total:
L
L
National Document .Solutions,
National Document Solutions,
/Uniforms
/Spec. Departm
Fire
Finance
Check Tot~:
North Bay Division, Loce
North Bay Division; Loce
City CouncillTravel-Callinan
City Councilrrravei-Belforte
Check T oUll:
North Fork Associates
North Fork Associates
North Fork Associates
Sonoma Mtn Village Project
Northeast Dist. Specific Plan
University Dist. Specific Plan
Check Total:
NORTHERN CALIFORNIA ROOFING CO
Check Total
Inc.
Northgate Company,
PIS Bldg-South /Fac MaintINon-
Check Total
Office Depot.
Office Depot
Office Depot
Office Depot
Office Depot
Office Depot
Police /Office Supplie
Police /Office Supplie
City Hall /Office SuppJie
City Hall IOffice Supplie
Animal Control/Office Supplie
City Hall /Office SuppIie
Check Total:
Old Adobe Development Services
lFac MaintJNon..
Sports Center
/Contractual S
Park Maint
Check Number Check Date Fund Name
197647 02/16/2011 GeneratFund
197648 02/16/2011 General Fund
197648 02/16/2011 General Fund
197649 02/16/2011 General Fund
197649 02/16/2011 General Fund
197650 02/16/2011 Capital Projects Fund
197650 02/16/2011 Capital Projects Fund
197650 02/16/2011 Capital- Projects Fund
197651 02/16/2011 General Fund
197652 02/16/2011 General Fund
197653 02/16/20i 1 General Fund
197653 02/16/2011 General Fund
197653 02/16/2011 General Fund
197653 02/16/2011 General Fund
197653 02/16/2011 General Fund
197653 02/16/2011 General Fund
197654 02/16/2011 General Fund
-
AP - Checks for Approval ( 02/16/2011 3:04 PM)
Amount
648.18
1,618400
790.92
540~ 15
324.09
216.66
324.09
5,326.33
358.80
358.80
487.83
518.70
24.70
1,031.23
1,064.20
1 ,O64~20
7,809.42
7,809442
330.00
330400
849.90
1,421.74
690.70
718.33
1,072.30
558.96
1,277.59
1,494.35
594..11
782.25
-
Page 29
Account Name Vendor Name
Park Maint /Contractual S Old'Adobe Development Services
Pac /Facility Repa - Old Adobe Development Services
Park Maint IContractual S Old Adobe Development Services
Comm Cntr Gmds IContractual S Old Adobe Development Services
Streets & Bike IContractuat S Old Adob~ Development Services
City Hall /Contractual S Old Adobe-Development Services
City Hall Annex 1B1dgIFacilty Old,Adobe Devel~pment Services-
Check Total:
Sports Center /Contractual S Karl Peepe
Check Total:
Sports Center /Contractual S- Petaluma School of Ballet, LLC
R.P. Comm. Cntr /Contractual S Petaluma School of Ballet, LLC
R,P. Comm4 Cntr IContracPIaf S Petaluma School of Bal1e~ LLC
Check Total:
PIS Bldg-North /Fac Maint/Non- PETRO TECH
Check Total:
Non-Dept LeasesfTransfer Out PNC Equipment Finance
Check Total:
Police ITrainingfEd. - Public Safety Training Consult
Check Total:
Pub1 Works Gen IGas &. Oil. Redwood Coast Petroleum
Publ Works Gen IGas & Oil Redwood Coast Petroleum
Publ Works Gen /Gas & Oil Redwood Coast Petroleum
Police IGas & Oil Redwood Coast Petroleum
Police /Gas & Oil Redwood Coast Petroleum
Police, fOils & Oil Red_wood Coast Petroleum
Publ Works Geri /Gas & Oi Redwood Coast Petroleum
Police IGas & on Redwood-Coast Petroleum
Publ Works Gen /Gas & Oi Redwood Coast Petroleum
Pollee /Gas & Oil Redwood Coast Petroleum
Check Number Check Date Fund- Name
197654 02/16/2011 General Fund
197654 - 02/16/20-11 General Fund
197654 02/16/2011 General Fund
197654 02/16/2011 General Fund
197654 02/16/2011 General Fund
197654 02/16/2011 General Fund
197654 - 02/16/2011 General Fund
, 197655 02/16/2011 General Fund
197656 02/16/2011 General Fund
197656 02/16/2011 General Fund
-- 197656 02/16/2011 General Fund
197657 02/16/2011 General Fund
197658 02/16/2011 General Fund
191659 02/16/2011 General Fund
197660 02/16/2011 General Fund
197660 02/16/2011 General Fund
197660 02/16/2011 General Fund
19766{) 02/16/2011 General Fund
197660 02/16/2011 General 'Fund
_ 197660 02/16/2011 General Fund
197660 02/16/2011 General Fund
197660 02116/2011 General Fund
197660 02/16/2011 General Fund
197660 02/16/2'011 General Fund
-
AP - Checks for Approval (02/16/2011 3:04 PM)
Amount
682.51
986.22
771.43
746.83
1,352.80
14,000.02
20.00
112.09
132.09
182.69
95.18
J.82
:36.87
318.56
2,455.60
4~743.57
1,560.00
4~3 60. 00
4,575.00
I 7~694.17
140.00
600.40"
740.40
1,020.00
430.00
1,450.00
129.98
101.50
-
Page 30
/
Vendor Name
Redwood Coast Petroleum
. -
Redwood Coast Petroleum
Redwood Coast Petroleum
Redwood Coast Petroleum
Redwood Coast Petroleum
Account Na~e
Publ Works- Gen /Gas & Oi
Police /Gas & Oil
Police /Gas & Oil
Police IGas-& Oil
Police /Gas & Oil
Fund Name
Ge~eral Fund
General Fund
General Fund
General Fund
General Fund
Check Date
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
Check Number
197660
197660
197660
197660
197660
Check Total
Redwood Lock & Key
Redwood Lock & Key
N thicle Repai
/spec. Departm
Po lice
Police
General Fund
General Fund
02/16/201 I
02/16/201 I
197661
197661
Check Total
Co.
Co.
Co.
Co.
Reliable Hardware & Steel
Reliable Hardware" & Steel
Reliable Hardware & Steel
Reliable Hardware & Steel
PW -Lan~scapelLandscape Sup
Publ Works Gen ISmail Tools
PW -LandscapelLands'cape Sup
Comm Cntr Gmds /Spec. Departm
General Fund
GeJ;leral Fund
General Fund
General Fund
02/16/2011
02/16/2011
02/16/2011
02/16/2011
197662
197662
197662
197662
Check Total
Republic ITS lnc
Republic ITS Inc
Republic ITS Inc
Republic ITS Inc
Republic ITS Ine
PW.. Traffic Signals IContractua
PW - Traffic Stgnals /Contractua
PW - Traffic Signals IContraetua
PW.. Traffic Signals /Contractua
Street Lighting"/Contractual S
General Fund
General Fund
General Fund
General Fund
General Fund
Oi/16/20 11
02/16/2011
02/16/2011
02/16/2011
02/16/2011
197663
197663
197663
197663
197663
Check T ota!:
Reyff Electric, Inc.
Reyff Electric, Inc.
Park Maint /Spec. Departm
R.P. Gymnasium 1B1dg/Facilty
General Fund
General Fund
02/16/2011
02/16/2011
197664
197664
Check T ota1:
R1 Mechanical Inc~
RJ Mechanical Inc.
Animal Shelter /Fac Maint/Non-
Ps Main Sta~ion/Fac MaintIN on-
General Fund
General Fund
02/16/2011
02/16/2011
197665
197665
Check Total:
Royal Coach Chevron Car Wash
Royal Coach Chevron Car Wash
N ehicle Repai
Gen N ehicle Repai
Police
Puht Works
General Fund
General Fund
3:04 PM
Checks for Approval (02/16/2011
02/16/2011
02/16/2011
197666
197666
AP
Amount
231.48
100.00
100.00
48.67
-91.42
85.41
22.91
1 0.63
13.88
81.18
5.98
] 77.24
474.75
85.96
121.16
440.22
209.16
102.82
49.63
130.99
193.71
76.14
1 ] 8.15
9.80
382.87
248~87
285.96
102.59
3,032.78
535.40
481.50
,016.90
Vendor Na"me
Account Name
Fund Name
Check Date
Check Number
Check Total
SANTA ROSA Ie
& Subscr
lDues
"Police
General Fund
02/16/2011
197667
Check Total
Santa Rosa Auto Parts
Santa Rosa Auto Parts
Santa Rosa Auto Parts
Santa" Rosa Auto Parts
Santa Rosa Auto Parts
Santa Rosa Auto Parts
Santa Rosa Auto Parts
Santa Rosa Auto Parts
Publ Works Gen N ehicle Repai
Publ Warks Gen N ehicle Repai
Police N ehicle Repai
Publ Works Gen N ehicle Repai
Fire Nehicle Repai
Fire Nehicle Repai
Publ Works Gen Nehicle Repai
Fit;'e Nehicle Repai
Fund
Fund
Fund
Fund
Fund
Fund
Fund
Fund
General
General
General
General
General
General
General
General
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
197668
197.668
197668
197668
197668
197668
197668
197668
Check Total;
Santa Rosa Uniforril & Career Ap
Santa Rosa Uniform & Career Ap
Santa Rosa Uniform & Career Ap
Santa Rosa Uniform & Career Ap
Santa Rosa Uniform & Career Ap
Santa Rosa Uniform & Career Ap
Santa Rosa Unifonn & Career Ap
Santa Rosa Uniform & Career Ap
Santa Rosa Uniform & Career Ap
Santa Rosa Uniform & Career Ap
Santa Rosa Uniform & Career Ap
Santa Rosa Uniform & Career Ap
Santa Rosa Uniform &' Career Ap
Santa Rosa Uniform & Career Ap
Santa Rosa Uniform & Career Ap
Santa Rosa Uniform & Career Ap
/Uniforms.
/Uniforms
/Uniforms
/Uniforms
/Uniforms'
/Uniforms
/Uniforms
/Unifonns
/Uniforms
/Unifonns'
JUniforms
/Uniforms
/Uniforms'
/Unifonns
IUnifornis
/Un ifonns'
Polire
Polire
Polire
Polire
'Polire
Polire
Polire
Polire
fu~
Polire
Poli~
Polire
Polire
Poli~
Poli~
Polire
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund"
General F"und
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
General Fund
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/.]6/2011
02/16/2011
02/16/2011
.02/16/2011
02/16/2011
02/16/2011
02/16/2011
02/16/20 t 1
197669
197669
197669
197669
197669
197669
197669
197669
197669
197669
197669
197669
197669
197669
197669
197669
Check Total:
SCOTT SIGNS
SCOTT SIGNS
N ehicle Repai
N ehicle Repai
Police
Police
General Fund
GenefaI Fund
02/16/2011
02/16/2011
197670
197670
Page 3
Check Total:
3:04 PM)
02/16/2011
Checks for Approval
AP
Amount
390.00
390~OO
5.85
5.85
509.00
305.00
814.00
139.42
139.42
117~OO
117.00
1,O27~23
469.53
138.00
1,634.76
25.00
25.00
190.59
-12.68
177.91
187.20
31.20
218.40
-
Page 32
Check Total
Vendor Name
Angela D. Smith
Acc~unt Name
Check Total:
Smothers
"State of C~ifomia Dept. of J
State of California Dept. of J
Check Total
Check Total
Check Total:
Inc
Inc
Inc
THURMAN
Tire "Distribution Systems,
Tire Distribution Systems,
Tire Distribution S~stems,
Check Total
KAREN TOWNSEND
Rec Ref Clearing
Check T ota1:
Traction of Santa Rosa
Traction of Santa Rosa
N ehicle Repai
N ehicle Repai
Fire
Fire
Check Total:
Check Total:
N ehicle Repai
/Contractual S
/RecruitmenUF
Sunset Linen Service
/Cfothing Allo
Publ Works Cen
DENISE
Ceramics Studio~Cont Svcs
Fire Nehicle Repai
Publ Works Gen N ehicle Repai
Publ Works Gen Nehicle Repai
Pat Tyler
Pat "tyler
R.P. Comm. Cntr /Contractual S
R.P. Camm. "Cntr /Contractual S
Check Number Check Date Fund Name
197671 02/16/2011 General Fund
197672 02/16/2011 General Fund
197673 02/16/2011 General Fund
197673 02/16/2011 General Fund
197674 02/16/2011 General Fund
197675 02/16/2011 General Fund
197676 02/16/2011 General -Fund
197676 02/16/2011 General Fund
197676 02/16/2011 General FWld
197677 02/16/2011 General Fund
197678 02/16/2011 General Fund
197678 02/16/2011 General Fund
197679 02/16/2011 General Fund
197679 02/16/2011 General Fund
-
l\.P - Checks for Approval ( 02/16/2011 3:04 PM
Fire
Police
Personnel
Amount
320.00
320.00
12.50
15.76
28.26
1,409.29
1,409.29
19.25
19.25
489.20
1,128.95
1,618.15
685,490.14
-
-
-
Page 33
Accoun~ Name Vendor Name
Finance /Postage United States Post Office
Check Total:
Publ Works Gen /Postage UPS
Planning /Professional UPS
Check Total:
Police ISpec. Departm yeA' Forestville Animal Hospita
Check Total:
Publ Works Gen ISmaIl Tools West County Tool & Equipment
Check Total:
.Park Maint ISpec. D.epartm Wheeler Zamaroni
Park Maint ISpec. Departm Wheeler Zamaroni
Check Total:
Report Tota1:
Check Number Check Date Fund Name
197680 02/16/2011 General Fund
197681 02/16/2011. General Fund
197681 -02/16/2011 General Fund
197682 02/16/2011 General Fund
197683 02/16/2011 General Fund
197684 02/16/2011 General Fund
197684 02/16/201 I General Fund
-
AP - Checks for Approval ( 02/16/2011 3:04 PM
CITY OF ROHNERT PARK
C'OMMUNITY DEVELOPMENT COMMISSION
BILLS FOR APPROVAL
February 22, 2011
5725 - 5735
Dated: February 2, 2011 - February 16,2011
TOTAL
$265, 887 ~26
$265,887,.26
Accounts Payable
Checks for Approval
User: cpomsyda
Printed: 02/16/2011
Amount
100.00
100.00
61.00
61.00
22.13
22.13
35.00
35.00
808.99
365.89
1,174.88
344.76
344.76
1,808.04
1 ~808. 04
2,411.10
-
Page 1
Vendor Name
JENSEN LANDSCAPE SERVICES, INe
Check Total
Union Ban~ N .A.
Check Total:
Pacific Gas & Electric
Check Total:
The Hitmen Termite & Pest Control
Check Total
Pacific Gas & Electric
Pacific. Gas & Electric
Check Total
Burke, Williams & Sorensen, LL
Check Total
..
Burke, Williams & Sorensen, LL
Check Total
Local Government Services
3 :25 PM
Account Name
Contractual Servic'es
Contractual Services
Fund Name
Redevelopment General Fund
Redevelopment General Fund
Check Date
02/02/2011
02/02/2011
Check ~umber
5725
5726
Heat, Light & Power
Redevelopment General Fund
02/09/2011
5727
SW Blvd Affordable Housing
Low & Moderate Income Housing
02/09/2011
5728
Heat, Light and Power
Heat, Light and Power
Low & Moderate Income Housing
Low & Moderate Income Housing
02/09/2011
02/09/2011
"5729
5729
Professional Services
Professional Services
Low & Moderate Income Ho~sing
Redevelopment General Fund
02/16/2011
02/16/2011
5730
5731
Community Ctr Retrofit
Redevelopment General Fund
3 :25 PM
02/16/2011
02/] 6/20 1 ]
Checks for Approval
5732
AP
Amount
2,41 L 10
222,000.00
222,OOO~OO
34,605.35
34~605.35
2,500~OO
500.00
200~OO
125.00
. 3~325~OO
265,887.26
-
-
-
Page 2
Check Number Check Date Fund Name Account Name Vendor Name
Check Total
5733 02/16/2011 Redevelopment General Fund Contractual Services SONOMA MOUNTAIN
Check Total:
5734 02/16/2011 Redevelopment General Fund Community Center Fountain Demo Ross Recreation Equipment, Inc
Check Total:
5735 02/16/2011 Redevelopment General Fund Contractual Services WILLDAN FINANCIAL SERVICES
5735 02/16/201 I Redevelopment General Fund Contractual Services WILLDAN FINANCIAL SERVICES
5735 02/16/2011 Redevelopment General Fund Contractual- Services WILLDAN FINANCIAL SERVICES
5735 02/16/2011 Redeveloprrient General Fund Contractual Services WILLDAN FINANCIAL SERVICES
Check Total:
Report Total:
-
AP - Checks for Approval ( 02/16/2011 3:25 PM)
CITY OF ROHNERT PARK
To: The Honorable Mayor & Members of the City Council
City Manager Gabriel Gonzalez
From: Sandra M. lipitz ZfiL-
Dir. Of Admin. Services
Date: February 16, 2011
CASH REPORT
CASH BALANCES AS OF JANUARY 31.2011
General Fund
Traffic Safety Fund
Motor Vehicle License Fees
R.E.M.I.F.
Per Acre For Development Fee Fund
Sewer CapacityCharge Fund
Water Utility Fund
Water Utility-Rate Stabilization Fund
Water Utility~Meter Replacement Fund
Water Utility-Capital ProjectsFund
Sewer Utility Fund
Garbage Utility Fund
Garbage Utility Fund-Rate Stabilization
Garbage Utility Fund-Diversion/Education Set-aside Fund
General Fund-RefundabJe Deposits
Sewer Connection Fund-Refundable Deposits
Utility Fund-Refundable Deposits
Improvement Project Fund
Gas Tax Fund: Sec. 2107 Maint./Const.
Sec. 2107.5 Eng[neering
Sec. 2106 Maint.Const.
Sec. 2105 Maint.JConst.
56 140
R& T7360 Prop 42 Swap
Capital Outlay Fund
Supplemental Law Enforcement Services (SLESF) Fund
Fire Benefit Assessment(Measure M} Fund
Measure M Streets Fund
F.I.G.R. Fund
Annexation Fees Fund
Rent Appeals Board Fund
Traffic Signals Fund
Traffic Congestfon AB2928(Prop 42}
Prop 1 B Fund
Vehicle Abatement Fund
Performing Arts Center Endowment Fund
Petty Cash
Dental Self-Insurance Fund
Spay/Neuter Forfeiture Cash Fund
Crime Prevention Donations Fund
K-9 Donations Fund
Animal Shelter Donations Fund
D.A.R.E. Donations Fund
Y&FS Donations Fund
Senior Center Donations Fund
PAC G iftsJDonations
Sonoma Co. Explorer Advisory Fund
Public Safety Explorer Fund
Alcohol Education Fee Fund
Cotati-RP/S5U Alcohol Coalition
Federal JAG PS Grant
Public Facilities Finance Fee Fund
Assessment Redemption Fund
General Plan Maintenance Fee Fund
Reserve For Self-Insured Losses
Reserve For Retired Employee Medical
Reserve For Technology Equipment
Reserve for Dev. of Add'l Rec. FacilitEes
Miscellaneous Reserve(CDC Loan Principal Repayment)
Reserve For Housing Programs
Sub-Total Operating Cash
Special Enforcement Unit-South
($4,371,112.30)
789,907.56
1,440,692.91
(15,731.56)
($2,156,243.39)
30,480.49
2,319,682.75
4,220,855.28
800,000.00
400,000.00
500,000.00
5,006,172.71
(96~003.29)
380,096.10
381,753.94
485,005.70
0.00
204,269.78
55,588.67
$99,134.75
6,000.00
130,566.96
172,046.60
3,607.83
114f192.71
525,548.85
215,062.39
26,508.07
296,683.06
124,099.89
0.00
59,296.42
40f727.9g
1,842f713.25
181~050.77
771 r187.22
155,469.70
1,265,851.00
3,825.00
260,651.50
66,478.72
8,102.06
1,042.20
12,568.19
1 A86.07
18,009.38
105,856.38
39J919.86
3,539.93
5J 934.27
57,693.44
59~509.49
0.00
980,149.66
50.00
240,573.93
1,099,459.00
3,276,586.00
43,587.57
30,094.56
533,000.00
614,627.00
25,498,601.55
120,632.77
Cash with FiscaJ Agent (2002C WaterlWastewater Revenue Bonds)
Cash with FiscaJ Agent (2005A CSCDA WaterfWastewater Revenue Bonds)
Sub-Total FiscaJ Agent Cash
TOTAL CASH
0.03
1,420,313.56
1 J420, 313.59
$27,039,547.91
CASH DISTRIBUTION AS OF JANUARY 31 t 2011
Petty Cash
Payroll Checking Account~Exchange Bank
General Checking Account-Exchange Bank
Recreation Checking Account-Exchange Bank
@
@
0.0500/0
0.0500/0
$3,825.00
0.00
798,309.40
2,486.35
Subtotal of Petty Cash and Checking Accounts
804,620.75
Credit Card Payment Savings Accounts:
Fjnance Department
Subtotal of Cash In Credit Card Savi ngs Accou nts
3,219.44
3,219.44
Local Agency Investment Fund (LAIF)
Sonoma County Investment Pool (SCIP)
Exchange Bank Savings Passbook
Union Bank-Sweep Account
Union Bank - Trust for Medium Term Notes
Certificates of Deposit
Revenue Bonds
Investment Accounts-See Schedule of Investments Attached
151062,083.58
143,149.21
97,499.68
8, 133.1 0
6,500,000.00
3,000;528.56
1,420,313.59
26,231,707.72
Total Cash Distribution January 31, 2011
$27,039;547.91
Investment Yield for January 2011
1.0830/0
INVESTMENT POLICY & SUFFICIENT FUNDS DISCLOSURES
The investments above are in compliance with the investment policy of the City of Rohnert Park as
outlined in the City of Rohnert Park City Council Resolution #2006-1 05} adopted April 25, 2006.
The City currently has sufficient idle funds to meet it's expendjture requirements for the next six
months.
CITY OF ROHNERT PARK.SCHEDULE OF INVESTMENTS-JANUARY 31, 2011
Maturity % Investment lnvestment Valuation
Bank Name Type Date Int. Par Value Markel Value ~ourc;e
Ex:change Bk Savings Svgs NJA 0.200% $97 A99.68 $97,499.68 Note (1)
Union Sank Sweep Account Svgs NJA 0.150% $8,133.10 $8,133.10 Note (2)
Citizen's Bank C.D. 11/23/10 3.702% 99,000.00 99,000.00 Note (1)
Synovus Bank of JacksonvHle C.D. 02/07/11 2.750% 99,000.00 99,000.00 Note (1)
The Coastal Bank C.D. 02/19/11 4.500% 99,000.00 99,000.00 Note (1)
Center Bank {was innovation Bank C.D. 03/13/11 2.250% 99,000.00 99,000.00 Note (1)
Cascade Bank C.D. 04/04/11 3.340% 108.421.70 108,421.70 Note (6)
Mutual of Omaha Bank C.D. 04125/11 2.570% 99.000.00 99,000.00 Note (1)
Fjrst Financial Bank C.D. OS/26/11 4.0000/0 99.000.0a 99,000.00 Note (1)
Soverelgn Bank C.D. 07J31/11 3.630% 100.000.00 100,000.00 Note (1)
Fjrst Commerical Bank C.D. 12114/11 2.670% 99.000.00 99,000.00 Note (1)
Fjrst Community Bank..Whitehall C.D. 1.2122111 2.500% 99.000.00 99,000.00 Note (1)
National Republic Bank of Chicago C.D. 01/11/12 1.000% 99.000.00 99,000.00 Note (1)
Equity Bank C.D. 03J1Zf12 2.650% 99.000.00 99,000.00 Note (1)
Fjrst Federal S & L..San Rafael C.D. 03J22/12 2.900%, 99.000.00 99,000.00 Note (1)
Frontier State Bank C.O. 04J30/12 5.290% 99.000.00 99,000.00 Note (1)
Coastal Community Bank C.D. 05J03/12 1.600% 99,000.00 99,000.00 Note (1)
Bank of Nashville C.D. 08J06/12 4.000%, 99.000.00 99,000.00 Note (1)
Plaza Bank C.D. 07/31/12 2.713% 99.000.00 99,000.00 Note (1)
Fjrst Bank of Puerto Rico C.D. 08115/12 1.650"10 99,000.00 99;000.00 Note (1)
Business Bank of Fox River VaHey C.D. 10219/12 2.500%) 99.000.00 99,000.00 Note (1)
First California Bank C.D. 11/10/12 2.050% 100.000.00 100,000.00 Note (1)
First California Bank C.O. 12123/12 2.050% 100,000.00 100,000.00 Note (1)
Heritage Bank. C.D. 01/11/13 2.650% 99,000.00 99,000.00 Note (1)
American Bank C.D. 04/27113 3.200% 99.000.00 99,000.00 Note (1)
Capital One Bank C.D. 07/08/13 4.880% 99,000.00 99,000.00 Note (1)
Merchantile Trust C.D. 07/10/13 4.850% 99,000.00 99,000.00 Note (1)
Central Progressive Bank C.D. 08/29/13 5.100% 99,000.00 99,000.00 Note (1)
World's Foremost Bank C.D. 09120/13 5.250% 100.000.00 100,000.00 Note (1)
Discover Bank G.D. 10120/13 5.110% 111,161.56 111 ,161.56 Note (6)
McFarland State Bank C.D. 10/28/13 4.940% 99,000.00 99JOOO.00 Note {1}
Columbia Stale Bank C.D. 04124/14 2.230% 103.945.30 103 J 945.30 Note (6)
Total C.O.5 3.290% $3,000.528.56 $3.000J528.56
FFCB MTN#31.33JE25 M.T-N. 12116/13 1 .240(lo/0 1,000,000.00 993.290.00 Note (2)
FHLB MTN#313372DM3 M.T.N. 07 J25/14 1.850% 500,000.00 498,875.00 Note (2)
FHLB MTN#313370EU8 M.T.N. 07/29/14 1.625% 1JOOO,000.00 991,130.00 Note (2)
FHLB MTN#3133704V7 Stepup M.T.N. 07/21115 1.000% 1,000,000.00 1,001,390.00 Note (2)
FHLB MTN#313371N77 Stepup M.T.N. 11J19f15 1.000% 1,000,000.00 984,440.00 Note (2)
FHLB MTN#313371U53 Stepup M.T.N. 12J10J15 1.500% 1,000,000.00 982,360.00 Note (2)
FHLB MTN#3133722K9 Stepup M.T.N. 12/3{l/15 1.500% 1,000.000.00 999,260.00 Note (2)
Total Medium Term Notes 1.363% $6J500,000.00 6,450,745.00
State of Calif...LAIF Pooled N/A 0.538% $15,062,083.58 $15,062,083.58 Note (3)
So. Co. Investmt. Pool Pooled N/A 0.5671;1/0 143,149.21 143.149.21 Note (4)
Total Managed Pools 0.538% 515,205,232.79 S 15,205,232. 79
Subtotal(See Investment Summary below) 1.083% $24,811,394.13 $24,762,139.13
2002C WIWW Revenue Bonds Project Acct. 0.000% 0.00 0.00 Note (5)
2002C WIWW Revenue Bonds Inst PmtAcct. 0.010% 0.03 0.03 Note (5)
2a05A CSCDA WfW Rev Bonds.CJearing Ale 0.000% 0.00 0.00 Note (5)
2005A CSCDA WfW Rev Bonds-Revenue Ale 0.000% 0.03 0.03 Note (5)
2005A CSCDA W/W Rev Bonds- Interest Fund 0.000% 0.01 0.01 Note (5)
2005A CSCDA WIW Rev Bonds-Principal Fd. 0.000% 0.02 0.02 Note (5)
2005A CSCDA WfW Rev Bonds.COI Acct. O.Q.OO% 0.00 0.00 Note {S)
2005A CSCDA WfW Rev Bonds..lnstallment Fd 0.000% 0.06 0.06 Note (5)
2005A CSCDA WfW Rev Bonds..Project Acct. 0.010% 1,420,313.44 1,420.313.44 Note {5)
Revenue Bond Totals 0.010% $1,420,313.59 $1,420.313.59
Totals $26,231,70.7.72 $26,182,452.72
Note (1) These are investments in Certificates of Deposit. Current Market Value and Par Value are
typically equal as interest [s received monthly.
Note (2) Union Bank current market values as of January 31, 2011 are presented.
Note (3) These are funds invested in the Local Agency Investment Fund. State of California.
Current Market and Par Value are typically equal. ~nterest is received .quarterly and the
Par Value remains the same.
Note (4) These are funds invested in the Sonoma County Investment Pool. Current Market Value
and Par Value are typically equal. lnterest is received quarterly and the Par Value
remains the same.
Note (5) These funds are being held by Union Bank of California acting as a Trustee and Agent for
the City of Rohnert Park. The current market values and interest rates are from the monthly
statements from Union Bank.
Note (6) These are investments in Certificates of Deposits. Interest is compounded on investment.
lNVESTMENT SUMMARY BY TYPE
January 31, 2011
#of % Of Avg. Average
Investment Type Invmnts Portfolio YTM Par Va!ue Market Value Days TM
Passbook :Svgs..M.M.A:s 1.00 0.39% 0.200-%.. S 97,500 $ 97,50U 1
Union Bank Sweep 1.00 0.03% 0.150% 8,133 8,133 1
CD's~Banks 30.00 12.09% 3.290% 3,0001529 3,000,529 526
Managed PQols(LAIF ISCIP) 2.00 61.28% 0.538% 15,205,233 15.205,233 1
Medium Term Notes 7.00 26.20% 1.363% 6,,500.000 6.450.,745 1,737
::s~.ou , UO.(,)U"'/o ~ 24,ij11,::S~ $ :l4, I 02, 13Y
IMPROVEMENT PROJECT FUND
Fiscal Year 2010/2011
Summary of Revenue & Expenditures
As of January 31.2011
Balance @ Current Flscal Year Balance @
Project No. and Description 06130/10 Revenue Expenditures 01131111
2003..11 ParaJlel Sewer Interceptor 0.00 0.00 0.00 0.00
2003..12 Booster Pumps-Tanks 1,2&3 0.00 0.00 0.00 D.OO
2004-03 Comm Meter InstalL-Phase II (17.898.32) 0.00 10,352.00 (28,250.32)
2004-05 Eastside Sewer Project 0.00 0.00 0.00 0.00
2004-08 Distribution System Improvements 150,529.50 0.00 0.00 150,529.50
2004-09 Playgrd Fall Mat'l Replacement 0.00 0.00 0.00 0.00
2004-12 Canon Manor Sewer Project 0.00 0.00 1,619.01 (1,619.01 )
2004-15 University Dist. Specific Plan 21.466.66 0.00 (23,437.65) 44,904.31
2004..16 Northeast District Specific Plan 22,236.51 0.00 (7,062.74) 29,299.25
2004-17 Southeast District Specific Plan (63,760.59) 0.00 89,829.01 (153.589.60)
2004-18 Northwest District Specific Plan (10,727.88) G.OO 282.00 (11,009.88 )
2004-19 Wilfred/Dowden Dist. Spec. Plan (172,581.86) 0.00 43.50 (172,625.36)
2004-20 Publjc Facs.Finance Spec. Plan (87,036.62) 0.00 20A15.65 (107,452.27)
2004-21 Water Supply Assmt. Project (12.122.70) 0.00 0.00 (12,122.70)
2004..22 Bond District Formation (42.24) 0,00 0,00 (42.24)
2004-25 Stadium Lands Specific Plan (88.912.66) 0.00 405.75 (89,318.41)
2004..33 City Hall Acquisition/Renovation 358,620.94 0.00 0.00 358)620.94
2004~34 Energy Efficiency Program 0.00 0.00 0.00 0.00
2005-01 Cathodjc Protection-Tanks 3&4 0.00 0.00 0.00 0.00
2005-02 R.P. Expressway Maintenance 0.00 . 0.00 21.75 (21.75)
2005-03 Recycle Wtr Sys Expansion 0.00 0.00 21.75 (21.75)
2005-07 Coleman Creek Drain Ext. 56~717.13 0.00 363.00 56,354.13
2005-10 RPX Widening~East 0.00 0.00 0.00 0.00
2006..04 Copeland Creek Drainage Facility 59,342.21 0.00 4)273.75 55,068.46
2006-08 2007 Streets Rehab Project 0.00 0.00 21.75 (21.75)
2006-09 Water Tank#8 Project (11781.58) 0.00 0.00 {1.781.58}
2006-11 Copeland Creek Bike Path 0.00 0.00 0.00 0.00
2006.14 Sonoma Mtn Village Development (149,851.71) 0.00 (209~581.42) 59)729.71
2006-17 101/Wilfred Wtr Vault Relocation (52,974.50) 51,121.17 0.00 (1J853.33)
2007..02 Eastside Trunk Sewer Proj-Phase 2 594,263.31 145,000.00 6,181.25 733,082.06
2007.03 Snyder Ln/Bridge Widening 0.00 0.00 0.00 0.00
2007-12 tnflow/lnfiltration Reduction 0.00 0.00 0.00 0.00
2007-13 08 Varjous Street Surface Repair 0.00 0.00 0.00 0.00
2007 -14 Overlay/Reconstr~Lancaster Dr. 0.00 0.00 0.00 0.00
2007 -15 Adrian Dr Underground Phase II (2,678.56) 0.00 0.00 (2.678.56)
2007 -18 ManhoJe Repair I & I Program 0.00 0.00 0.00 0.00
2007 -19 Trail to Crane Creek Park (889.04) 0.00 0.00 (889.04)
2008-02 2009 Street Surface Repairs 0.00 0.00 1,355.25 (1,355.25)
2008..03 Tanks 1,3 & 4 Exterior Recoat 0.00 0.00 355.50 (355.50)
2009~O1 American Recov Act St Maint (1,135,349.83) 157.354.02 923,460.91 {1.901 A56.72)
2009~O2 2009 Sewer Main Rehabilitation 0.00 0.00 1.291.50 (1,291.50)
2009~O5 Bicycle Detection Symbols 0.00 0.00 0.00 0.00
201 O~O1 2010 Jobs Act..Street Majntenance 0.00 0.00 0.00 0.00
2010,,05 Wilfred Widening (3)873.50) 0.00 324.00 (4,197.50)
2010-07 Arlen Dr & E. Cotati Av Overlays 0.00 0.00 5.250.25 (5,250.25)
2010-08 Copeland Crk Bike Path Reconstr. 0.00 0.00 11.101.50 (11,101.50)
2010-09 2011 Various Streets Overlays 0.00 0.00 7.093.25 (71093.25)
2010..10 Community etr Fountain Demolition 0.00 0.00 0.00 0.00
2010-11 LED Street Lights 0.00 0.00 50,968.20 (50,968.20)
2010-12 Energy Mgmnt System for PS Bldg 0.00 0.00 982.30 (982.30)
Sub~total ($537,305.33 ) $353,475.19 $895,931.02 ($1,079,761.16)
Accounts Payable $1,247,702.38 ($112,352.55) $1,135,349.83
Accounts Eteceivable $0.00 $0.00
Total Improvement Proje<;t Fund 710,397.05 $55,588.67
IMPROVEMENT PROJECT FUND
Fiscal Year 201012011
Recap of Project Expenditures
As of January 31,2011
Est. Total
Current Mo. Fisca~ Year Expenditures Project
Project No. and Description: Expenditures Expend itures Total Expenditures
2003-11 Parallel Sewer Interceptor 0.00 0.00 10,217,864.40 10,300,000
2003." 12 Booster Pumps-Tanks 1.2 & 3 0.00 0.00 619,926.32 110,000
2004-03 Comm Meter Install.-Phase II & III 1,384.00 10,352.00 2,735,789.58 2,709,300
2004--05 Eastside Sewer Project 0.00 0.00 13,850,939.95 6,558,600
2004-08 Distribution System Improvements 0.00 0.00 161,671.54 2,235,000
2004-09 Playground Fall Mati Replcmnt 0.00 0.00 81,290.02 137,336
2004-12 Canon Manor Sewer Project 0.00 1,619.01 701,635.95 2.000,000
2004--15 University District Specific Plan 518.82 {23,437.65) 380,269.22 TBD
200~16 Northeast District Specific Plan 9,179.06 (7,062.74) 105,703.20 TBD
2004-17 Southeast District Specific Plan 12,227.67 89;829,01 293;568.36 250,000
2004-18 Northwest District Specific Plan 174.00 282.00 15;640.49 400,000
2004.19 Wilfred/Dowdell Dist. Spec Plan 0.00 43.50 172,625.36 TBD
2004--20 Public Facs.Finance Spec. Plan 2,698.15 20.415.65 252,873.53 T8D
2004.21 Water Supply Assmt. Project 0.00 0.00 1,321,770.17 1.232,000
2004-22 Bond District Formation 0.00 0.00 33/628.88 TBO
2004-25 Stadium Lands Specific Plan 0.00 405.75 110,272.96 100,000
2004..33 City Hall Acq./Renovation 0.00 0.00 8,682/081.18 8.683,000
2004.34 Energy Effic~ency Program 0.00 0.00 1,140,118.61 1,176,000
2005-01 Cathodic Protection..Tanks 3&4 0.00 0.00 300/758.12 300,758
2005-02 R.P. Expressway Maintenance 0.00 21.75 1,764,771.39 1,670,000
2005.03 Recycle Wtr Sys Expansion 0.00 21.75 11,414.91 12.750,000
2005~O7 Coleman Creek Drain Ext. 0.00 363.00 546,267.81 545,905
2005-10 RPX Widening-East 0.00 0.00 35,045.22 5.901J800
2006>>04 Copeland Creek Drainage Facjlity 1,482.00 4,273.75 9,416.93 4.065,000
2006~08 2007 Streets Rehab Project 0.00 21.75 1,501,380.09 1 ~267,280
2006..09 Water Tank #8 Project 0.00 0.00 38,889.84 4~OOO,OOO
2006~11 Copeland Creek Bike Path 0.00 0.00 421,141.99 511,000
2006-14 Sonoma Mtn Village Development (10,516.75) (209.581.42) (59,729.71) 400,000
2006..17 101fWilfred Wtr Vault Relocation 0.00 0.00 175,722.84 233~ 195
2007..02 Eastside Trunk Swr Proj.Phase 2 2,697.50 6.181.25 30,293.86 11,207,817
2007.03 Snyder Lane/Brldge Widening 0.00 0.00 52,938.89 4,680,118
2007-12 Inflow/I nfiltration Reduction 0.00 0.00 88J639.13 500,000
2007-13 08 Various Street Surface Repair 0.00 0.00 626J928.11 860,547
2007-14 Overlay/Reconstr-Lancaster Dr. 0.00 0.00 594,122.33 1/344,089
2007.15 Adrian Dr Underground Phase II 0.00 0.00 2,678.56 831,900
2007.18 Manhole Repair I & I Program 0.00 0.00 110.139.83 100,000
2007-19 Trail to Crane Creek Park 0.00 0.00 889.04 711.270
2008-02 2009 Street Surface Repairs 78.00 1,355.25 432,766.56 295,131
2008-03 Tanks 1,3 & 4 Exterior Recoat 355.5Q 355.50 371.79 662,416
2009.01 American Recov Act 5t Mainl 5.243.82 923,460.91 2,416,313.93 1,900,000
2009.02 2009 Sewer Main Rehabilitation 0.00 1 ,291.50 244,572.07 600.000
2009.05 Bicycle Detectjon Symbols 0.00 0.00 3,965.25 7.000
201 O~O1 2010 Jobs Act-Street MaIntenance 0.00 0.00 35.969.50 1,301,000
2010-05 Wilfred Widening 0.00 324.00 4,197.50 0
201 0~O7 Arlen Dr & E. Cotati Av Overlays 1,920.50 5,250.25 6,573.00 1,114,700
2010-08 Copeland Crk Bike Path Reconstr. 2.]07.50 11,1 01 .50 15,163.00 746,675
2010-09 2011 Various Streets Overlays 3,637.00 7J093.25 7,910.25 1 ~079,OOO
2010-10 Community etr Fountain DemoJition 0.00 0.00 0.00 30~OOO
2010-11 LED Street Light Conversion 5.060.90 50,968.20 51,017.25 75.000
2010..12 Energy Mgmnt System for PS Bldg 803.70 982.30 982.30 72,690
TOTALS $39>651.37 $895,931.02 $50,349,181.30 95.655,527
CAPITAL OUTLAY FUND
Fiscal Year 201012011
Summary of Revenue and Expenditures
January 31,2011
Balance @ Current Fiscal Year Balance @
CAPITAL OUTLAY FUND: June 30} 2010 Revenue Expen d itu res January 31,2011
Residential $215,062.39 $0.00 $0.00 215,062.39
Community Facilities 0.00 0.00 0.00 0.00
Open Space 0.00 0.00 0.00 0.00
Total Capital Outlay Fund $215,062.39 $0.00 $0.00 $215,062.39
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF ROHNERT PARK
CASH REPORT
TO: The Chairman and Members of the Community FROM: Sandra M. lipitz SL
Development Commission of the City of Rohnert Park Treasurer
Executive Director Gabriel Gonzalez
City/Commission Attorney
DATE: February 8, 2011
CASH BALANCES AS OF JANUARY 31, 2011
Capital Improvement Projects
Property Tax Increment
Housing Capital Projects
Low & Moderate Income Housing
Interest From Bond Proceeds
Interest From Increment
Other Cash(Non-Bond)
Debt Service Reserve Fund (1991 TAB)
Debt Service Special Fund (2001 TARBs)
Redevelopment Fund (1999 TABs)
Debt Service Reserve Fund (1999 TABs)
Redevelopment Fund (2007R TABs)
Debt Service Fund (2007R TABs)
Housing Fund (2007H TABs)
Debt Service Fund (2007H TABs)
($19,860.45)
4,751,660.14
(39,128.64)
1 t044,453.90
53,486.71
574,033.96
421.75
1,009,211.34
136,966.03
627~363.88
732,745.42
6,117,273.55
486,959.40
13,032,211.61
348,990.64
$28,856,789.24
TOTAL COMMUNITY DEVELOPMENT COMMISSION CASH
CASH DISTRIBUTION AS OF JANUARY 31,2011
Checking Accounts: Interest Rate
Exchange Bank Checking ACCOunl 0.050/0
In~estmel1t Accounts:
Investmenl Matwity Intere st Source of
Investment Inslitution Type Date Rate Par Va~ue Market Vatue Valuation
Exchange Bank Passbook NJA 0.150% 47.836.1:5 47.S36.15 NOle P)
Golden SecurilY Bank Cert.of Oep, 12/17/11 3:900% 90.000.00 90.000.00 Note (1 )
Golden Securily BanK Cart.of Dep. 11/18/11 2.180% 90.000.00 90.000.00 Note Cl )
Mt Pacific Bank Cert.of Dep. 07101114 3.440% 99.000.00 99.000.00 Note (1 )
NeB FSB Cert.of Oep. 07/08114 3.500% 100.000.00 100,000.00 Note (i)
State of CaliL-LAIF Pooled Invs. NJA 0.538% 5,575,280.82 5,575,280.82 Not.e (')
Sonoma Co Investment Pool Pooled Invs, NlA 0.567% 22.802.98 22,802.98 Note p )
6,024.919.95 6,024.919.95
$ 340,147.41
6,024,919.95
CASH HELD BY FISCAL AGENTS:
InveStment M;lli,Jrt,y Im:eres~
Investment Iflstitution Type Dale Rate Par V.slue Market Value
19-91 TARS'S:
UniOn Bank-Trus.tee
Sw.::ep Account
Cash In Sweep Account N/A 0.010% 0.00 0.00 NlA
Special fund:
Bla.:;kro.:;k PrOIt Tfund Tr.eas Fl,mo NJA 0.010% 0.04 0.04 Note (2)
Inter.est Fund:
Blackro.:;k. PrOIt Tfl,Jnd Tre<:ls Ft,mo NJA 0.010% 0.00 0.00 Note (2)
Tax AlEocation Principal Fund:
Bla.:;krock Pro" Tfund T feas Fvno N/A 0.010-o!Q 0.00 0.00 Note (2)
Tax Allocation Refl,.md.Eng Reserve Fund:
BI-ackrock Proy Tfund Tleas Fund N1A 0,010% 319:,211.31 319,211.31 Note (2)
Corporate Obligations-Reserve Ce,t of Deposit N1A 2.120% 690,000.00 690,OOQ.00 Nole (2)
1,009,211,35 1,0-09,211.35 1 )009,211.35
2001 TARB'S
Union Bank..Trustee
Tax AlLocateon Refunding Bonds $pl;!c;:ial Fun~:
B1ackrock Prov Tfl"lnd NJA 0.010% 1 3r.>, 9$6.03 136.966.03 Mote (Z)
Interest F=und:
81acKrock Prov rfund treas f'und NJA 0.010% 0.00 0.00 Note (2)
Principal Fund:
Blackrock Pray Tfund Treas Fund NJA 0.010% 0.00 0.00 Note (2)
136-,966.03 136.966.03 136,966~O3
1999TAS'S:
Union Sank~Trustee
1'9909 Tax Allocation Bonds RedeveLopment Fund:
Blackrock Prov Tfund T reas. Note N/A 0.010% 627,363.88 627,363.88 Nots {2)
Slackrock Prov Tfund T reas. Note N/A 0.010% 0.00 0.00 Note {2)
Total 1999 Tax Allocation Bonds Redevelopment Fund 627,363.88 627,363.88 627, 363~88
Union Bank-Trustee
1999 Tax AlIoca1ion Bonds Reserve Fund:
BJ-ackrock Pro,", Tfund neas. Note NJA 0.0' 00/" 65.745.40 -65,745.40 Note (2)
Corporate Obligations-ReservE Cert of Deposit NJA 3.290% -667.000.00 667,000.00 Note (2)
Blackrock Prov Tfund Treas. Nole NJA 0.010% 0.00 0.00 Note (2)
1999 Tax Allocation Bonds Special Fund:
81ackrock Prol,' ifund Ire as. Note NlA 0.010%.> 0.02 0.02 Note (2'
Total 1999 Tax Allocation Bond Fund 732,745.42 732.745.42 732,745.42
2.oo7R TAB'S
UniQ:n BankwTr-u~tee
2001R Redevelopment Fund Tax Allocation Sonds:
81aCKfock Prov Tfufld Treas, NOle NfA 0.010% 109,935.97 109 ;935.$17 Note (:2:)
Royal BanklC-anada G.LC. NfA 4.963% 6,007.337.58 6,007,337.58 Nole (2)
2007R Tax Allocation Bonds Special Fund:
Blacktock PrOIt Tfufld Treas. Note NfA 0.010% 486.959.40 486,959.40 Note (2)
2007R Tax AlIoc ation Bonds I nt eres t Fund:
Blackrock. Pro" Tfund Treas. Note NJA 0.010% 0.00 0.00 Note (2")
20G7R Tax Allocation Bonds Cost of Issuance Fund:
Blackrock Prov Tfund Tre-as. Note N/A 0,010% 0.00 0.00 Note (2)
Total 2007R Tax AJlo-cation Bonds Fund 6,604,232.95 6,604,232.95- 6,604,232.95
2001H TAB'S
Union Bank~Trustee
2007H Redevelopment Project Fund {Housing) Tax Allocation Bonds:
Blackmck Prov Tfund T reas. Note NfA 0.010% 326,205.98 326,205.98 Nole (2}
Royal 8a~klCanada GJ.C. NfA 4.913% 12,706,005.63 12,706,005.63
20-D7H Tax AlEocation Bonds Special fund:
Blackrock Pray Tfllnd Treas. Note NJA 0.010% 348,990.64 348,990.64 NOle {2,
2007H Tax Altocation BOnds Interest Fund:
Blackrock Prov Tfund T reas. Note NfA 0.010% 0.00 0.00 Note (2}
2001H Tax AlJocatton Bonds Cost Of IS$uancl;! Fund:
Blackrock Prov Tf-und Tre;as. Note NJA 0.010% 0.00 (U)O Note (2}
13,381,202.25 13,.381.202.25 13,381,202w25
TOTAL COMMUNITY DEVELOPMENT COMMISSION CASH $28,856; 789.24
Investment Yield for January 31 J 2011 3.248%
INVESTMENT POLICY & SUFFICIENT FUNDS DISCLOSURES
The klV€stments above are in compliance- with the inl,'estment policy of the Community Development
Commission of the City of Rohnert Park as outlined in the City of Rohnert Park City Council Resolution
#2006L105, adopted on April 25, 2006. The Commission currently has sufficient idle funds to meet it's
expenditure requitements for- the next six. months.
Note (1) The source of valuation for these investments is thei:!" respective monthly statements. The Par Value
and Market Value for these Investments are typically the same as interest is paid Of wired monthly.
Note(2) The source of valuation for this investment is the Janl,..lary 31, 2011 Union Bank Trust Statements.
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF ROHNERT PARK
IMPROVEMENT PROJECT FUND
FISCAL YEAR 2010/2011
Summary of Revenue and Expenditures
JANUARY 31,2011
ACTiVE COMMUNITY DEVELOPMENT COMMISSION PROJECTS:
Project No. and Description
Balance@
30-Jun-10
Current Fiscal Year
Revenue Expenditures
Balance @
31-Jan-11
2006-02 City Center Plaza Development
2006-05 Community Center Plaza Rehab
2007-16 Corridor Improvements
2008-05 Awam Housing Project
2009~06 Stadium Land Wetlands
2009-07 Stadium Land Build Removal
2010-06 PurChase SW Station
2010-10 Community Center Fountain
2010-13 SW Blvd Affordable Housing
2010-14 PAC, Sports & Com Ctr Retrofit
(485,109.34)
0.00
(109,905.17)
0.00
( 18,590.86)
(1,684.73)
0.00
(11 ,149.75)
0.00
0.00
(626,439.85)
0.00
4,150.74
($622.289,11 )
482,180.84
0.00
109,905.17
0.00
18,SSO,86
1,684.73
0.00
0.00
0,00
0.00
612,361.60
$2,348.71
$0.00
$0.00
$0.00
$0,00
$0.00
$0.00
$1,647.49
$39,128.64
$1,786.00
44,910.84
{4,150.74)
(5,277.21 )
0,00
0.00
0,00
0.00
(0.00)
0.00
(12,7[17.24)
(39,128.64)
(1,786,00)
(58,989.09)
0.00
0.00
($58,989.09)
Due to other Funds-Project Management Reimb
Accounts Payable
T otal$
PROJECTS SINCE INCEPTION OF COMMUNITY DEVELOPMENT COMMISSION:
T otaJ
Current Mo. Fiscal Year Expenditures Projected
Project No. and Description: Expenditures Expenditures Total Expenditures
1980-04 Performing Arts Center Closed Closed $7,343.365.73 $7,343,366
1984-21 Expressway Extension Closed Closed 1,297A81.39 1,297,482
1986-25 Seed Farm Drive Extension Closed Closed 30,867.66 30,868
1987-15 Roberts Lake Road Closed Closed 1,547,369.43 1,547,370
1988-15 Swim Center Closed Closed 144,688.38 144,689
1988-18 Public Safety Building Closed Closed 7,184,580.56 7,185,000
1988-23 Senior Center Closed Closed 851,620.35 851,621
1989.12 RP Expwy Widening Closed Closed 308,383.61 308,384
1 990-02 R.P.J.H. GymJBldg Closed Closed 750,000.00 750,000
1990-05 A Park Lights Closed Closed 93,897.69 93,898
1990-14 Animal Shelter Closed Closed 1,393,699.43 1,393,700
1991-01 Commerce BL Bikepath Closed Closed 120,476.95 161,000
1991-04 R PX1 1 01 Overc ros sjng Closed Closed 374,340.99 375,000
1992-01 SW Blvd Landscaping Closed Closed 11,803.35 11 ,804
1999-04 Library Closed Closed 8,111,293.34 8,000,000
2001-06 R.P. Golf Course Project Closed Closed 1,545,000.00 1,545,000
2003-25 SW Blvd Fire Station Renovation Closed Closed 27,881.12 85,000
2004-02 Stadium Lands Salvage Project Closed Closed 203,356.54 375,000
2004-04 BARe Roof Replacement Closed Closed 601,093.87 244,750
2004~ 13 Westsrde Public Safety Facility 0.00 0.00 57,809.52 5,140,000
2004-30 RP.CommunityCtr ADA Survey Closed Closed 4,040.00 20,000
2005-0S R.P. Community Center Imps Closed Closed 627,141.45 700,000
2006.02 City Center Plaza Development 0.00 2,348.71 3.264,361.70 3,300,000
2006-03 Martin Avenue Storm Drain Closed Closed 400,411.65 700,000
2006-05 Community Center Plaza Rehab 0.00 0.00 19,094.05 250,000
2006-06 Public Safety Parking Lot 0.00 Closed 352,481.95 545,000
2006~15 Public Safety Driveway Realignment 0.00 0.00 260,035.57 650,000
2007 -06 Acquisition of 6230 State Farm Drive Closed Closed 1,105,356.97 1,105,357
2007~09 415 City Center Dr. Acquisition Closed Closed 552,763.70 552,764
2007-10 100 Avram Ave, Acquisition Closed Closed 1,434,802.07 1 ,434,802
2007~11 120 Avram Ave. Acquisition Closed Closed 1,776,026.28 1,776,026
2007-16 Corridor Improvements 0.00 0.00 129,534.17 3,000,000
2008-04 B750 Commerce Bl-Acquisition Closed Closed 1,137,170.00 1 ,1 37,170
2008-05 Avram Housing Project $0.00 0.00 14,216.96 23,000,000
2009~O6 Stadium Lands Wetlands $0.00 0.00 134,295.93 140,000
2009-07 Stadium Lands Build Remove $0.00 0.00 46,638.84 120,000
201 0-02 Alicia Pool Decommissioning $0.00 0.00 21,046.64 18,000
201 0-03 Ladybug Pool Decommissioning $0.00 0.00 18,000.00 18,000
201 0.04 Purchase Redwood Dr Parcels $0.00 0.00 274,962.50 300,000
201 0-06 Purchase SW Station $0.00 0.00 989,526.00 1,000,000
2010-10 Community Center Fountain $0.00 1.647.49 12,797.24 300,000
2010-13 SW Blvd Affardab!e Housing $12,587.25 39,128.64 39,128.64 150,000
2010~14 PAC, Sports & Com Ctr Retrofit $1,786.00 1 ,786.00 1,786.00 15,000
Totals $14,373,25 $44,910.84 $44,614,628.28 $52,055,051
ROHNERT PARK FINANCINe AUTHORITY
CASH REPORT
TO: The Chairman and Board Members of the
Rohnert Park Financing Authority
FROM: Sandra M. Lipitz ~
Authority Treasurer
Executive Director Gabriel Gonzalez
City & Authority Attorney
DATE: February 8, 2011
CASH BALANCES AS OF JANUARY 31 ~ 2011
1999 C.O.P.'s-Capital Facilities Project:
Capital Project Fund-1999 C.O.P.1S
Lease Payment Fund-1999 C.O.P-'s
2003 Lease Revenue Refunding Bonds:
Lease Revenue Refunding Bonds-Revenue Fund
Lease Revenue Refunding Bonds-Project Fund
2005 Sewer System R.C.O.?.'5 Funds:
Certificate Payment & Delivery Cost Funds
Revenue Bond Account Fund
$0.59
0.84
0.33
135,918.99
0.95
2,676,693.87
TOTAL ROHNERT PARK FINANCING AUTHORITY CASH
$2,812,615.57
CASH DISTRIBUTION AS OF JANUARY 31.2011
CASH HELD BY FISCAL AGENTS:
Maturity Interest Source of
Investment Institution Date Rate Par Value Market Value Valuation
1999 C.O.P.'s Caoital Facilities Proiect Funds:
Union Bank
1999 C.O.P:s Lease Payment Fund:
Blackrock Prov Tfund N/A 0.010% $0.84 $0,84 Note (1)
Total $0.84 $0.84 $0.84
1999 C.O.P.'s Caoital Proiect Fund:
Union Bank
Local Agency Investment Fund N/A 0.000% $0.00 $0.00 Note (1)
Blackrock Prov Tfund N/A 0.010% 0.59 0.59 Note (1)
Total $0.59 $0.59 0.59
2003 Lease Revenue Refundinq Bonds:
Lease Rev Refdg Bds-Revenue Fund:
Blackrock Prov Tfund N/A 0.010% 0.33 $0.33 Note (1)
Lease Rev Refdg Bds-Project Fund:
Blackrock Prov Tfund N/A 0.010% $135,918.99 $135,g18,99 Note (1)
Total $135,919.32 $135,919.32 135,919.32
2005 Sewer System ReOP's Funds:
Certificate Payment Fund:
Blackrock Prov Tfund N/A 0.01 G% $0,95 $0.95 Note (1)
Jnterest Fund:
Blackrock Prov Tfund N/A 0.010% $0.00 $0.00 Note {1)
Delivery Cost Fund:
Blackrock Prov Tfund N/A 0.010% $0.00 $0.00 Note {1)
$0.95 $0.95 0.95
2005 Sewer System Revenue Bond Funds:
Exchange Bank Money Mkt Ale N/A 0.250% $2,676.693.87 $2.676,693.87 Note (2) 2,676,693.87
TOTAL ROHNERT PARK FINANCING AUTHORITY CASH $2,812,615.57
Investment Yield for January, 2011 0.238%
INVESTMENT POLICY & SUFFICIENT FUNDS DISCLOSURES
The investments above are in compliance with the investment policy of the City of Rohnert Park as outlined in
the City of Rohnert Park City Councit Resolution #2006~ 105, adopted on April 25, 2006. The Authority currently'
has sufficient [die funds to meet it's expenditure requirements for the next six months.
Note(1) The source of valuation for this investment is the January 31, 2011 Union Ba.nk Trust Statements. However,
the Par Value and Market Value are typically the same as interest is credited and paid monthly.
Note(2) The source of valuation for this Lnvestment is the January 31, 2011 Exchange Bank Statement. However,
the Par Value and Market Value are typically the same as interest is credited and paid monthly.
Agenda Packet Preparation TIMELINES for Regular City Council Meetings
held on the 2nd & 4th Tuesdays of each month:
. Resolutions (other than standard formats for authorizations and approvals), Ordinances &
Agreements to Assistant City Attorney via email for review and approval as to form DUE no
later than NOON Three (3) Mondays prior to Council meeting date
. Agenda items to City Manager via email for his review and responding ..email authorization",
synchronized with above timeframe of Assistant City Attorney review, and an email copy to
the City Clerk for drafting agendas
. Agenda Items with attachments via email and a total of twenty (20) complete hard copy sets
with 2 sets single-sided & 18 sets double-sided/stapled to City Clerk DUE no later than
NOON Two (2) Fridays prior to Council meeting date
. Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later
than Tuesday morning One (1) week prior to Council meeting date
. Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on
Thursday afternoon One (1) week prior to Council meeting date in compliance with
Rohnert Park Municinal Code Section 2.08.020 and related Resolution No. 2008-173
{This section for City Clerk Use Only}
2/22/11 City Council Agenda
Item No. 7.C.1
Resolution No. 2011-13
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
Meeting Date:
February 22,2011
Department:
Development Services
Submitted By:
(Name & Title)
Submittal Date:
Patrick Barnes, Deputy City Engineer
February 10,2011
Agenda (Subject Only) Title:
Authorize and Approve Master Design Professional Agreement with Brelje
& Race
Requested Council Action: Authorize and approve the Master Design Professional Agreement with
Brelje & Race for Municipal Engineering Services and authorize the City Manager to sign Task Orders in
agreement with the terms and conditions of this Master Design Professional Agreement. Work for
specific projects shall be authorized separately by "Task Order." The term of this Agreement shall be
from the date of its execution until December 31, 2015, unless earlier terminated, and may be extended
for successive one-year term(s) upon mutual, written approval by the City Manager and/or his/her
designee and Design Professional.
Summary: The City of Rohnert Park has used the services of Brelje & Race for many years for general
municipal engineering services, general city planning services, design services and construction
management services related to capital projects and studies particularly with respect to our water system.
The current work load creates a need for design and construction management services and development
review. Brelje & Race is willing to provide the City with supplemental engineering resources and is
qualified to provide such services. The attached agreement with Brelje & Race is similar to previous
agreements in that they will provide engineering, planning, and capital project services. Capital projects
would be charged to the respective developments and projects.
Enclosures: Resolution, Draft Contract
CITY ATTORNEY'S REVIEW:
Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney.
CITY MANAGER'S RECOMMENDATION: (X) Consent Item ( ) Regular Item
(X) Approval ( ) Public Hearing Required
( ) Not Recommended ( ) Submitted with Comment
( ) Policy Determination by Council
( ) City Comments:
Per City Manager's review and direction for distribution of this agenda item. (Revised 031309) JH:TG-S:05-b
Staff Report
Approve Master Desi2n Professional A2reement
with Brelie & Race
Reauested Council Action:
Approve the award of a master design professional services agreement contract to Brelje & Race
for various municipal engineering, design and construction-related task:s and authorize the City
Manager to award Task: Orders under $50,000.
Back2round:
The City often requires the assistance of municipal engineering and design services firms. There
are three basic reasons the City uses these consultants:
1. To supplement staffing.
2. To provide replacement staffing
3. To provide expertise in areas where the City requires additional expertise.
Supplement Staffing
The City staff dedicated to engineering functions is less than 40% the size of equivalent cities.
The two best bask:etball players in the NBA cannot successfully compete against the worst five
person team in the NBA. To k:eep City projects on track: and development moving forward, it is
important to have access to consultants to supplement staff. Staff is generally more cost
effective than consultants, but consultants can be used on a cost effective basis to provide
capacity when there is a surge of work:.
To Provide Replacement Staffing
One result of maintaining a very small staff is that the City only has one of everything with little
to no redundancy. We have two engineers (including the Development Services Director), one
technician/surveyor, one public work:s inspector and one administrative assistant.
When we are managing construction projects, we are one illness or one family emergency away
from not being able to properly supervise construction. We need to be able to call with a day or
two notice to have an inspector on site.
Providing Expertise
A small staff cannot have the detailed level of expertise required to design all municipal projects
and complete all the technical studies required by a City the size of Rohnert Park:. We must, out
of necessity, be generalists and managers. When a specialist is needed we need to hire a
consultant.
Page 1 of3
Current Status:
Recently, the City entered into Master Agreements with Winzler and Kelly and Green Valley.
We also have a Master Agreement with W - Trans for traffic engineering work:.
Having a Master Agreement prearranges the terms and conditions between a consultant and the
City allowing a contract to be issued quickJy and efficiently. Insurance is already submitted and
accepted. Doing this work: once allows staff to save time and money and to move more readily
into productive work:.
Having a Master Agreement in place allows the City the flexibility of calling a consultant and
having a technical expert stand in for a staff member who is ill or has a family emergency. It
would be impossible to negotiate a contract with a consultant rapidly enough to provide a stand
by inspector to accommodate an illness or family emergency.
But having Master Agreements with only two municipal engineering firms stifles competition.
Reducing competition can result in the City not getting the best firm for a particular project or
paying more for the work:.
Staff is, therefore, stuck: in a dilemma with each project - tak:e additional time and cost to solicit
additional proposals and work: up individual contracts, or stifle competition, perhaps resulting in
greater fees. Either choice can create inefficiency and extra cost.
The Goal of Staff
There are a number of good municipal engineering firms in the local area. These firms
understand municipal government in Sonoma County and are familiar with the area. Staff
proposes to develop Master Agreements with Coastland Civil Engineering, Inc. and Brelje &
Race. Each firm has areas where they overlap and each has unique characteristics. Brelje and
Race has previously work:ed on the City's water system including the water model and the last
two water system design projects. Coastland has previously assisted the City with road projects.
Therefore, Staff is work:ing to establish updated Master Agreements with four different
engineering consulting firms. Tonight, we are ask:ing Council to approve the Master Agreements
for two firms, Brelje & Race and Coastland Civil Engineering, Inc.
Financial Considerations:
Funding
This Master Agreement commits only $45,000 for engineering work: over a five year period.
This provides the ability to respond quickJy to an emergency and avoids the cost of issuing a
specific task: order for a couple hours of specialized work:. Additional money can only be
committed through a separate task: order. In that case, funding is committed when the City enters
into a task: order under the Master Agreement. Each task: order will be paid for out of the project
funds, enterprise funds or developer fees for which the work: is completed. In accordance with
the purchasing ordinance, small task: orders under $50,000 will be approved by the City
Manager. Larger task: orders will be reviewed by City Council prior to proceeding.
Page 2 of3
Savings
There is a certain overhead to entering into a contract with a consultant. The City can do this for
each design or service needed, or we can do one agreement that covers all work: for multiple
years by entering into a Master Agreement. Doing this work: once allows staff to save time and
money and to move more readily into productive work:.
Currently, having Master Agreements with only two municipal engineering firms reduces
competition. Reducing competition can result in the City not getting the best firm for a
particular project or paying more for the work:.
Having additional Master Agreements will extend the savings of efficiency and competition.
Project Funding
Task: work: is paid for by the project work: for which the Task: Order is issued.
Options:
There are two options the Council could choose:
1. Award the Master Agreement per staff recommendation. This will allow the City to
augment staff in a relatively quick: manner and provide for competition among the
consultants.
2. Do not award this Master Agreement per staff recommendation. Staffwill continue to do
individual contracts for each project except when limiting the City to consultants that
have a Master Agreement in place.
Recommendation:
Award the Master Agreement per staff recommendation.
Page 3 of3
City of Rohnert Park
130 Avram Ave.
Rohnert Park:, CA 94928
MASTER AGREEMENT WITH BRELJE AND RACE CONSULTING CIVIL
ENGINEERS FOR DESIGN PROFESSIONAL SERVICES
THIS AGREEMENT is entered into as of the _ day of ,20=, by and
between the CITY OF ROHNERT PARK ("City"), a California municipal corporation, and
Brelje and Race Consulting Civil Engineers, ("Design Professional"), a California Corporation.
Recitals
WHEREAS, City desires to obtain design professional services on an as-needed basis;
WHEREAS, Design Professional hereby represents to City that Design Professional is
sk:illed and able to provide such services described in Section 1 of this Agreement; and
WHEREAS, City desires to retain Design Professional pursuant to this Agreement to
provide the services described in Section 1 of this Agreement.
Agreement
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS,
THE PARTIES HERETO AGREE AS FOLLOWS:
1. Scope of Services. Subject to such policy direction and approvals as City may
determine from time to time, Design Professional shall perform the services set out in the
"Design Consultant Requirements" ("Services") attached hereto as Exhibit A. Work: for specific
projects shall be authorized separately by "Task: Order." Design Professional's place of work: is at
475 Aviation Boulevard, Suite 120, Santa Rosa, CA 95403.
2. Time of Performance. The term of this Agreement shall be from the date of its
execution until December 31,2015, unless earlier terminated in accordance with Section 18, and
may be extended for successive one-year term(s) upon mutual, written approval by the City
Manager and/or his/her designee and Design Professional.
A. Work: authorized by a separate Task: Order as contemplated by this
Agreement shall be subject to the Schedule of Performance set forth in the Task: Order.
B. The services of Design Professional are to commence upon receipt of a
written notice to proceed from City, but in no event prior to receiving a fully executed
Agreement/Task: Order from City and obtaining and delivering the required insurance coverage,
and satisfactory evidence thereof, to City. Any changes to the dates in this Section or in the Task:
Order must be approved in writing by City.
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3. Compensation and Method of Payment.
A. Compensation. The compensation to be paid to Design Professional,
including both payment for professional services and reimbursable expenses, shall be at the rate
and schedules attached hereto as Exhibit B. However, in no event shall the total amount City
pays Design Professional exceed Forty-five Thousand Dollars ($45,000). Work: authorized by a
separate Task: Order as contemplated by this Agreement shall be subject to the Compensation set
forth in the Task: Order. Payment by City under this Agreement shall not be deemed a waiver of
unsatisfactory work:, even if such defects were lrnown to City at the time of payment.
B. Timing of Payment.
(1) Design Professional shall submit itemized monthly invoices for
work: performed. City shall mak:e payment, in full, within thirty
(30) days after approval of the invoice by City.
(2) Payments due and payable to Design Professional for current
services must be within the current budget and within an available,
unexhausted and unencumbered appropriation of the City. In the
event the City has not appropriated sufficient funds for payment of
Design Professional services beyond the current fiscal year, this
Agreement shall cover only those costs incurred up to the
conclusion of the current fiscal year; payment for additional work:
is conditional upon future City appropriation.
C. Changes in Compensation. Design Professional will not undertak:e any
work: that will incur costs in excess of the amount set forth in Section 3(A) without prior written
amendment to this Agreement.
D. Standard of Quality. City relies upon the professional ability of Design
Professional as a material inducement to entering into this Agreement. All work: performed by
Design Professional under this Agreement shall be in accordance with all applicable legal
requirements and shall meet the standard of quality ordinarily to be expected of competent
professionals in Design Professional's field of expertise.
E. Taxes. Design Professional shall pay all taxes, assessments and premiums
under the federal Social Security Act, any applicable unemployment insurance contributions,
W ork:ers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or
other taxes or assessments now or hereafter in effect and payable by reason of or in connection
with the services to be performed by Design Professional.
F. No Overtime or Premium Pay. Design Professional shall receive no
premium or enhanced pay for work: normally understood as overtime, i.e., hours that exceed forty
(40) hours per work: week:, or work: performed during non-standard business hours, such as in the
evenings or on week:ends, unless specifically required by the applicable task: order and authorized
by City in writing. Design Professional shall not receive a premium or enhanced pay for work:
performed on a recognized holiday. Design Professional shall not receive paid time off for days
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not work:ed, whether it be in the form of sick: leave, administrative leave, or for any other form of
absence.
4. Amendment to Task: Order and/or Scope of Services. City shall have the right to
amend the Task: Order and/or Scope of Services within the Agreement by written notification to
the Design Professional. In such event, the compensation and time of performance shall be
subject to renegotiation upon written demand of either party to the Agreement. Failure of the
Design Professional to secure City's written authorization for extra or changed work: shall
constitute a waiver of any and all right to adjustment in the contract price or time due, whether
by way of compensation, restitution, quantum meruit, etc. for work: done without the appropriate
City authorization.
5. Duties of City. City shall provide all information requested by Design
Professional that is reasonably necessary to performing the Scope of Work:. City retains all
rights of approval and discretion with respect to the projects and undertak:ings contemplated by
this Agreement.
6. Ownership of Documents.
A. The plans, specifications, estimates, programs, reports, models, and other
material prepared by or on behalf of Design Professional under this Agreement including all
drafts and work:ing documents, and including electronic and paper forms (collectively the
"Documents"), shall be and remain the property of City, whether the Services are completed or
not. Design Professional shall deliver all Documents to City upon (1) the completion of the
Services, (2) the date of termination of this Agreement for any reason, (3) request by City in
writing, or (4) payment of all monies due to Design Professional.
B. The Documents may be used by City and its officers, elected officials,
employees, agents, and volunteers, and assigns, in whole or in part, or in modified form, for all
purposes City may deem advisable without further employment of or payment of any
compensation to Design Professional. If City desires to modify Documents before using them,
City shall obtain written consent from Design Professional for any such modification, and such
consent shall not unreasonably be withheld. If City modifies Documents without obtaining
written consent from Design Professional, Design Professional shall not be liable to City for any
damages resulting from use of such modified Documents, provided that the Design Professional
was not a proximate cause of such damages.
C. Design Professional retains the copyright in and to the intellectual
property depicted in the Documents subject to Design Professional's limitations and City's rights
and licenses set forth in this Agreement. City's ownership interest in the Documents includes the
following single, exclusive license from Design Professional: Design Professional, for itself, its
employees, heirs, successors and assigns, hereby grants (and if any subsequent grant is
necessary, agrees to grant) to City an irrevocable, perpetual, royalty-free, fully paid, sole and
exclusive license and right to use and exercise any and all of the copyrights or other intellectual
property rights that Design Professional may author or create, alone or jointly with others, in or
with respect to the Documents, including without limitation all analysis, reports, designs and
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graphic representations. City's license shall include the right to sublicense, shall be for all
purposes with respect to each right of copyright, and shall be without restriction.
D. Design Professional shall include language that is consistent with this
Section 6 in all subcontracts and agreements that Design Professional negotiates with respect to
the Services.
E. All reports, information, data, and exhibits prepared or assembled by
Design Professional in connection with the performance of its Services pursuant to this
Agreement are confidential until released by City to the public, and the Design Professional shall
not mak:e any of these documents or information available to any individual or organization not
employed by the Design Professional or City without the written consent of City before any such
release. This provision shall not apply to information that (1) is already in the public domain,
(2) was previously lrnown by Design Professional, (3) Design Professional is required to provide
by law, or (4) reasonably required by Design Professional to conduct its defense in a legal or
similar proceeding, so long as Design Professional notifies City in writing before use of such
information.
7. Employment of Other Design Professionals., Specialists or Experts.
A. Design Professional will not employ or otherwise incur an obligation to
pay other consultants, specialists or experts for services in connection with this Agreement
without the prior written approval of City. Any consultants, specialists or experts approved by
City are listed in Exhibit D.
B. Design Professional represents that it has, or will secure at its own
expense, all personnel required in performing the Services. All of the Services required
hereunder will be performed by the Design Professional or under Design Professional's
supervision, and all personnel engaged in the work: shall be qualified to perform such services.
C. Design Professional shall mak:e every reasonable effort to maintain
stability and continuity of Design Professional's k:ey personnel assigned to perform the Services.
Key personnel for this contract are listed in Exhibit D.
D. Design Professional shall provide City with a minimum twenty (20) days
prior written notice of any changes in Design Professional's Key Personnel, provided that Design
Professional receives such notice, and shall not replace any Key Personnel with anyone to whom
City has a reasonable objection.
E. Design Professional will not utilize subconsultants other than those listed
in Exhibit D without advance written notice to City. Design Professional will not utilize a
subconsultant to whom City has a reasonable objection. Subconsultants providing professional
services will provide professional liability insurance as required in Exhibit C unless City waives
this requirement, in writing.
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8. Conflict of Interest.
A. Design Professional understands that its professional responsibility is
solely to City. Design Professional warrants that it presently has no interest, and will not acquire
any direct or indirect interest, that would conflict with its performance of this Agreement.
Design Professional shall not lrnowingly, and shall tak:e reasonable steps to ensure that it does
not, employ a person having such an interest in the performance of this Agreement. If Design
Professional discovers that it has employed a person with a direct or indirect interest that would
conflict with its performance of this Agreement, Design Professional shall promptly disclose the
relationship to City and tak:e such action as City may direct to remedy the conflict.
B. Design Professional (including principals, associates and professional
employees) covenants and represents that it does not now have any investment or interest in real
property and shall not acquire any interest, direct or indirect, in the area covered by this contract
or any other source of income, interest in real property or investment which would be affected in
any manner or degree by the performance of Design Professional's Services hereunder. Design
Professional further covenants and represents that in the performance of its duties hereunder no
person having any such interest shall perform any services under this Agreement.
C. Design Professional is not a designated employee within the meaning of
the Political Reform Act because Design Professional:
(1) Will conduct research and arrive at conclusions with respect to
his/her rendition of information, advice, recommendation or counsel independent of the control
and direction of City or of any City official other than normal contract monitoring; and
(2) Possesses no authority with respect to any City decision beyond
the rendition of information, advice, recommendation or counsel (FPPC Reg. 18700(a)(2)).
9. Interest of Members and Employees of City. No member of City and no other
officer, elected official, employee, agent or volunteer of City who exercises any functions or
responsibilities in connection with the carrying out of any project to which this Agreement
pertains, shall have any personal interest, direct or indirect, in this Agreement, nor shall any such
person participate in any decision relating to this Agreement which affects its personal interests
or the interest of any corporation, partnership or association in which he/she is directly or
indirectly interested.
10. Liability of Members and Employees of City. No member of City and no other
officer, elected official, employee, agent or volunteer of City shall be personally liable to Design
Professional or otherwise in the event of any default or breach of City, or for any amount which
may become due to Design Professional or any successor in interest, or for any obligations
directly or indirectly incurred under the terms of this Agreement.
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11. Indemnity.
A. To the fullest extent permitted by law (including, without limitation,
California Civil Code Sections 2782 and 2782.8), Design Professional shall defend (with legal
counsel reasonably acceptable to City), indemnify, and hold harmless City and its officers,
elected officials, employees, agents, and volunteers (collectively "Indemnitees") from and
against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or
death of an employee of Design Professional or its subconsultants), expense and liability of
every k:ind, nature and description (including, without limitation, fines, penalties, reasonable
court costs and reasonable attorneys' fees, litigation expenses and fees of expert consultants or
expert witnesses incurred in connection therewith, and costs of investigation), that arise out of,
pertain to, or relate to the negligence, reckJessness, or willful misconduct of Design Professional,
any subconsultant, anyone directly or indirectly employed by them, or anyone that they control
(collectively "Liabilities"). Such negligence, reckJessness, or willful misconduct includes
without limitation the failure of Design Professional to disclose information lrnown by Design
Professional to be material to performing the Services. Such obligations to defend, hold
harmless and indemnify any Indemnitee shall not apply to the extent that such Liabilities are
caused by the negligence, active negligence, or willful misconduct of such Indemnitee.
Notwithstanding any provision of this Agreement to the contrary, the extent of Design
Professional's obligation to defend, indemnify, and hold harmless shall be governed by the
provisions of California Civil Code Section 2782.8.
B. Neither termination of this Agreement nor completion of the Services shall
release Design Professional from its obligations under this Section 11, as long as the event giving
rise to the claim, loss, cost, damage, injury, expense or liability occurred prior to the effective
date of any such termination or completion.
C. Design Professional agrees to obtain executed indemnity agreements with
provisions identical to those set forth in this section from each and every subconsultant or any
other person or entity involved by, for, with or on behalf of Design Professional in the
performance of this Agreement. If Design Professional fails to obtain such indemnity
obligations from others as required, Design Professional shall be fully responsible for all
obligations under this Section. City's failure to monitor compliance with this requirement
imposes no additional obligations on City and will in no way act as a waiver of any rights
hereunder. The obligation to indemnify and defend City as set forth herein is binding on the
successors, assigns or heirs of Design Professional and shall survive the termination of this
Agreement or this section.
D. Design Professional's compliance with the insurance requirements does
not relieve Design Professional from the obligations described in this Section 11, which shall
apply whether or not such insurance policies are applicable to a claim or damages.
12. Independent Contractor. It is understood that Design Professional, in the
performance of the work: and services agreed to be performed by Design Professional, shall act
as and be an independent contractor as defined in Labor Code 3353 and not an agent or
employee of City; and as an independent contractor, Design Professional shall obtain no rights to
retirement benefits or other benefits which accrue to City's employees, and Design Professional
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hereby expressly waives any claim it may have to any such rights. Design Professional, its
officers, employees and agents shall not have any power to bind or commit City to any decision.
13. Compliance with Laws.
A. General. Design Professional shall (and shall cause its agents and
subcontractors), at its sole cost and expense, comply with all applicable federal, state and local
laws, codes, ordinances and regulations now in force or which may hereafter be in force during
the term of this Agreement. Any corrections to Design Professional's reports or other
Documents (as defined in Section 6) that become necessary as a result of Design Professional's
failure to comply with these requirements shall be made at the Design Professional's expense.
B. Updates. Should Design Professional become aware that the requirements
referenced in subparagraph A above change after the date of a report or other Document is
prepared, Design Professional shall be responsible for notifying City of such change in
requirements. Design Professional will bring the Documents into conformance with the newly
issued requirements at the written direction of City. Design Professional's costs for providing
services pursuant to this paragraph shall be submitted to City as Additional Services.
C. Licenses and Permits. Design Professional represents that it has the sk:ills,
expertise, licenses and permits necessary to perform the Services. Design Professional shall
perform all such Services in the manner and according to the standards observed by a competent
practitioner of the same profession in which Design Professional is engaged. All products of
whatsoever nature which Design Professional delivers to City pursuant to this Agreement shall
conform to the standards of quality normally observed by a person practicing in Design
Professional's profession. Permits and/or licenses shall be obtained and maintained by Design
Professional without additional compensation throughout the term of this Agreement. Except as
otherwise allowed by City in its sole discretion, Design Professional and all subconsultants shall
have acquired, at their expense, a business license from City in accordance with Chapter 5.04 of
the Rohnert Park: Municipal Code, prior to City's issuance of an authorization to proceed with the
Services. Such licensees) must be k:ept valid throughout the term of this Agreement.
D. Documents Stamped. Design Professional shall have documents created
as part of the Services to be performed under this Agreement stamped by registered professionals
for the disciplines covered by Design Professional's Documents as required by Section 6735 of
the Business and Professionals Code or any other applicable law or regulation. Design
Professional shall not be required to stamp any documents not prepared under its direct
supervision. The City will not be charged an additional fee to have such documents stamped.
E. W ork:ers' Compensation. Design Professional certifies that it is aware of
the provisions of the California Labor Code which require every employee to be insured against
liability for work:ers' compensation or to undertak:e self-insurance in accordance with the
provisions of that Code, and Design Professional certifies that it will comply with such
provisions before commencing performance of this Agreement.
F. Prevailing Wage. Design Professional and Design Professional's sub-
consultants, shall, to the extent required by the California Labor Code, pay not less than the latest
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prevailing wage rates to work:ers and professionals as determined by the Director of Industrial
Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article
2. Copies of the applicable wage determination are on file at City Clerk:'s office. This provision
to comply with prevailing wage laws tak:es precedence over the provisions of paragraph 3.F.
G. Iniury and Illness Prevention Program. Design Professional certifies that
it is aware of and has complied with the provisions of California Labor Code Section 6401.7,
which requires every employer to adopt a written injury and illness prevention program.
H. City Not Responsible. City is not responsible or liable for Design
Professional's failure to comply with any and all of the requirements set forth in this Agreement.
14. Nonexclusive Agreement. Design Professional understands that this is not an
exclusive Agreement and that City shall have the right to negotiate with and enter into contracts
with others providing the same or similar services as those provided by Design Professional as
City desires.
15. Confidential Information. All data, documents, discussions or other information
developed or received by or for Design Professional in performance of this Agreement are
confidential and not to be disclosed to any person except as authorized by City, as required by
law, or as otherwise allowed by this Agreement.
16. Insurance. Design Professional shall provide insurance in accordance with the
requirements of Exhibit C.
17. Assignment Prohibited. Design Professional shall not assign any of its rights nor
transfer any of its obligations under this Agreement without the prior written consent of City and
any attempt to so assign or so transfer without such consent shall be void and without legal effect
and shall constitute grounds for termination.
18. Termination.
A. If Design Professional at any time refuses or neglects to prosecute its
Services in a timely fashion or in accordance with the schedule, or is adjudicated a banlaupt, or
commits any act of insolvency, or mak:es an assignment for the benefit of creditors without City's
consent, or fails to mak:e prompt payment to persons furnishing labor, equipment, materials or
services, or fails in any respect to properly and diligently prosecute its Services, or otherwise
fails to perform fully any and all of the agreements herein contained, Design Professional shall
be in default.
B. If Design Professional fails to cure the default within seven (7) days after
written notice thereof, City may, at its sole option, tak:e possession of any Documents or other
materials (in paper and electronic form) prepared or used by Design Professional and (1)
complete any such work:, labor, materials or services as may be necessary to overcome the
default and deduct the cost thereof from any money then due or thereafter to become due to
Design Professional under this Agreement; and/or (2) terminate Design Professional's right to
proceed with this Agreement.
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C. In the event City elects to terminate, City shall have the right to immediate
possession of all Documents and work: in progress prepared by Design Professional, whether
located at Design Professional's place of business, or at the offices of a subconsultant, and may
employ any other person or persons to finish the Services and provide the materials therefor. In
case of such default termination, Design Professional shall not be entitled to receive any further
payment under this Agreement until the Services are completely finished.
D. In addition to the foregoing right to terminate for default, City reserves the
absolute right to terminate this Agreement without cause, upon 72-hours' written notice to
Design Professional ("Termination for Convenience"). In the event of a Termination for
Convenience, Design Professional shall be entitled to payment in an amount that shall be
calculated as follows: (1) payment for Services then satisfactorily completed and accepted by
City, plus (2) reimbursable expenses actually incurred by Design Professional, as approved by
City. The amount of any payment made to Design Professional prior to the date of termination
of this Agreement shall be deducted from the amounts described in (1) and (2) above. Design
Professional shall not be entitled to any claim or lien against City for any additional
compensation or damages in the event of such termination and payment. In addition, City's right
to withhold funds under Section I8.C. shall be applicable in the event of a termination for
convenIence.
E. If this Agreement is terminated by City for default and it is later
determined that the default termination was wrongful, such termination automatically shall be
converted to and treated as a Termination for Convenience under this Section 18 and Design
Professional shall be entitled to receive only the amounts payable under Section I8.D.
19. Suspension. The City shall have the authority to suspend this Agreement and the
services contemplated herein, wholly or in part, for such period as he/she deems necessary due to
unfavorable conditions or to the failure on the part of the Design Professional to perform any
provision of this Agreement. Design Professional will be paid for satisfactory Services
performed through the date of temporary suspension. In the event that Design Professional's
Services hereunder are delayed for a period in excess of six (6) months due to causes beyond
Design Professional's reasonable control, Design Professional's compensation shall be subject to
renegotiation.
20. Entire Agreement and Amendment. This Agreement constitutes the complete and
exclusive statement of the agreement between City and Design Professional and supersedes any
previous agreements, whether verbal or written, concerning the same subject matter. This
Agreement may only be amended or extended from time to time by written agreement of the
parties hereto.
21. Interpretation. This Agreement shall be interpreted as though it was a product of
a joint drafting effort and no provisions shall be interpreted against a party on the ground that
said party was solely or primarily responsible for drafting the language to be interpreted.
22. Litigation Support. Design Professional agrees to testify at City's request if
litigation is brought against City in connection with Design Professional's Services. Unless the
action is brought by Design Professional or is based upon Design Professional's negligence, City
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will compensate Design Professional for the preparation and the testimony at Design
Professional's standard hourly rates, if requested by City and not part of the litigation brought by
City against Design Professional.
23. Litigation Costs. If either party becomes involved in litigation arising out of this
Agreement or the performance thereof, the court in such litigation shall award reasonable costs
and expenses, including attorneys' fees, to the prevailing party. In awarding attorneys' fees, the
court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do
so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith.
24. Time of the Essence. Time is of the essence of this Agreement.
25. Written Notification. Any notice, demand, request, consent, approval or
communication that either party desires or is required to give to the other party shall be in
writing and either served personally or sent by prepaid, first class mail. Any such notice,
demand, etc. shall be addressed to the other party at the address set forth hereinbelow. Either
party may change its address by notifying the other party of the change of address. Notice shall
be deemed communicated within 48 hours from the time of mailing if mailed as provided in this
section.
If to City:
City Engineer
City of Rohnert Park: - City Hall
130 Avram Avenue, Second Floor
Rohnert Park: , CA 94928
If to Design Professional:
M. Sean Jeane, P.E.
Brelje & Race Consulting Civil Engineers
475 Aviation Boulevard, Suite 120
Santa Rosa, CA 95403
26. Design Professional's Book:s and Records.
A. Design Professional shall maintain any and all ledgers, book:s of account,
invoices, vouchers, canceled check:s, and other records or documents evidencing or relating to
charges for services, or expenditures and disbursements charged to City for a minimum period of
three (3) years, or for any longer period required by law, from the date of final payment to
Design Professional.
B. Design Professional shall maintain all documents and records which
demonstrate performance under this Agreement for a minimum period of three (3) years, or for
any longer period required by law, from the date of termination or completion of this Agreement.
C. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated
representative of any of these officers. Copies of such documents shall be provided to City for
inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed
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upon, the records shall be available at Design Professional's address indicated for receipt of
notices in this Agreement.
D. City may, by written request by any of the above-named officers, require
that custody of the records be given to City and that the records and documents be maintained in
the City Manager's office. Access to such records and documents shall be granted to any party
authorized by Design Professional, Design Professional's representatives, or Design
Professional's successor- in- interest.
E. Pursuant to California Government Code Section 10527, the parties to this
Agreement shall be subject to the examination and audit of representative of the Auditor General
of the State of California for a period of three (3) years after final payment under the Agreement.
The examination and audit shall be confined to those matters connected with the performance of
this Agreement including, but not limited to, the cost of administering the Agreement.
27. Equal Employment Opportunity. Design Professional is an equal opportunity
employer and agrees to comply with all applicable state and federal regulations governing equal
employment opportunity. Design Professional will not discriminate against any employee or
applicant for employment because of race, age, sex, creed, color, sexual orientation, marital
status or national origin. Design Professional will tak:e affirmative action to ensure that
applicants are treated during such employment without regard to race, age, sex, creed, color,
sexual orientation, marital status or national origin. Such action shall include, but shall not be
limited to, the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; lay-offs or termination; rates of payor other forms of compensation; and
selection for training, including apprenticeship. Design Professional further agrees to post in
conspicuous places, available to employees and applicants for employment, notices setting forth
the provisions of this nondiscrimination clause.
28. Unauthorized Aliens. Design Professional hereby promises and agrees to comply
with all the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. S 1101, et
seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined
therein. Should Design Professional so employ such unauthorized aliens for performance of
work: and/or services covered by this Agreement, and should any liability or sanctions be
imposed against City for such use of unauthorized aliens, Design Professional hereby agrees to
and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with
any and all costs, including attorneys' fees, incurred by City.
29. Section Headings. The headings of the several sections, and any table of contents
appended hereto, shall be solely for convenience of reference and shall not affect the meaning,
construction or effect hereof.
30. City Not Obligated to Third Parties. City shall not be obligated or liable for
payment hereunder to any party other than the Design Professional.
31. Remedies Not Exclusive. No remedy herein conferred upon or reserved to City is
intended to be exclusive of any other remedy or remedies, and each and every such remedy, to
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the extent permitted by law, shall be cumulative and in addition to any other remedy given
hereunder or now or hereafter existing at law or in equity or otherwise.
32. Severability. If anyone or more of the provisions contained herein shall for any
reason be held to be invalid, illegal or unenforceable in any respect, then such provision or
provisions shall be deemed severable from the remaining provisions hereof, and such invalidity,
illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall
be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
33. No Waiver Of Default. No delay or omission of City to exercise any right or
power arising upon the occurrence of any event of default shall impair any such right or power or
shall be construed to be a waiver of any such default of an acquiescence therein; and every
power and remedy given by this Agreement to City shall be exercised from time to time and as
often as may be deemed expedient in the sole discretion of City.
34. Successors And Assigns. All representations, covenants and warranties set forth
in this Agreement, by or on behalf of, or for the benefit of any or all of the parties hereto, shall be
binding upon and inure to the benefit of such party, its successors and assigns.
35. Exhibits. The following exhibits are attached to this Agreement and incorporated
herein by this reference:
A.
Exhibit A:
Scope of Services
B.
Exhibit B:
Compensation - Rates and Schedules
C.
Exhibit C:
Insurance Requirements
D.
Exhibit D:
Key Personnel and Other Consultants, Specialists or
Experts Employed by Design Professional
36. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
37. News Releases/Interviews. All Design Professional and subconsultant news
releases, media interviews, testimony at hearings and public comment shall be prohibited unless
expressly authorized by City.
38. Venue. In the event that suit shall be brought by either party hereunder, the
parties agree that trial of such action shall be held exclusively in a state court in the County of
Sonoma, California.
39. Authority. All parties to this Agreement warrant and represent that they have the
power and authority to enter into this Agreement in the names, titles, and capacities herein stated
and on behalf of any entities, persons, or firms represented or purported to be represented by
such entity(ies), person(s), or firm(s) and that all formal requirements necessary or required by
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any state and/or federal law in order to enter into this Agreement have been fully complied with.
Furthermore, by entering into this Agreement, Design Professional hereby warrants that it shall
not have breached the terms or conditions of any other contract or agreement to which Design
Professional is obligated, which breach would have a material effect hereon.
IN WITNESS WHEREOF, City and Design Professional have executed this
Agreement as of the date first above written.
CITY OF ROHNERT PARK
DESIGN PROFESSIONAL
By:
Gabriel Gonzalez, City Manager
Date:
Per Resolution No. 2011-_ adopted by the Robnert
Park City Council at its meeting of , 2011
By:
T i tl e:
Date:
DESIGN PROFESSIONAL
APPROVED AS TO FORM:
By:
T i tl e :
Date:
By:
City Attorney
ATTEST:
By:
City Clerk:
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EXHIBIT A
Scope of Services
As specifically authorized by separate Task: Order, Design Professional may perform the
following services:
Exhibit A
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Exhibit "A"
Page 1 of 1
City 0 fRob nert Park
1\/[ as tef Services i\gl'CClnCn t
SCOPE OF SERVICES
Over the years, 13relje & H.ace has consistently den10nstrated the ability to provide supel'ior quality sClvices.
Specifically, our local staff has the expertise to take on and successfully cOlnplete any project involving the
follo\vil1g~
Engineering Planning and Design Services
>-- \X! a ter
· Facilities I)csign
· l\.{astcr Planning
· I-Iydraulic rvlodeling
~ Wastewater
· Fa cili ties I) esign
· i\;faster Planning
· Se\ver fvlod elin g
· Nc\v, H..eplacctnent, and H.etrofit "I'reattnent SYStClllS
)> H.ecycled Water
)> Stann Drainage
)> Flood Con trol
>- Stonn \\!ater Pollution Prevention Plan (S\\fPPP) Preparation
);> QSP SClvices l)uring Construction
~ Peer H.evic\v
Construction Mallag'Ctnent and Inspection Services
>-- l\csiden t E~ngitlecring
~ C:onstruction Observation and Inspection
>- (:on5 truction j\dtninis tra tioll
>- Contract 13idding anc11\ward _.Assistance
Environmental Pertnitting and Planning Services
>- C]~Qj\/NEP .A. COlnpliancc
>-- Project PerIl1itting and Entitlclllcnt Process
Land Surveying
)> ~ropographical i\lapping .
>- 130undary Surveying and i\.fonulncntation
)> C:onstruction Staking
Computer Aided Drafting (CAD) Services
> Design Dra\vings
)> ~ren ta rive and Fin allvfa p s
)> Facilities and Geographic Infonnation SystelllS (GIS) l\'fapping
>-- I~xhibi ts
!ZI~;!ji;(,,~~,,;gi~'S;~
EXHIBIT B
Compensation
Rates and Schedules
Exhibit C
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'BreIJ~ e Race
t.~..~= ...-;;;:;CONSUIT1NG C!vn.. F~g;H\\FFHS
Exhibit "B"
Page 1 of 1
SERVICES RATE SCHEDULE
EFFECTIVE]ANUARY 1, 2011
PROFESSIONAL SERVICES
SCl1ior IJril1cil)al. ............................ ....................................................... ........................... $175.00 /110l1f
j\s socia te llril1Cil) al .................................................... + .. . .. . . .. . . . . ... . . . . . . . . . . . ... . .. . . . . . . .. . . . . .. . . .... . .150.00/110 llf
1\ S so cia te ......................................................................................................... 105.00 to 130.00/ hour
Senior E~nginecr ....... ......... .................. ..... ......... ............................................. 115.00 to 125.00/hour
J.~,~llgitlCCr . . .. . . ... . . .. . . . . . . . . .. . . . .. . . .. .. . . .. . .. . . . .. . . ... . . .. . .. . . . ... .. . . . . . . . . . . . . . . .... . ... .. . . .. . . . . ... . .. .. 100.00 to 115.00/110 ur
I~ngineering 'Technician. ..... ... ........... ..... ........ ......... ............................ .......... 80.00 to 95.00/hour
S e 111 0 r PIa 11 n er . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 00. 00 to 1 50.00/ hour
lllal111cr .. .... ..... ... .... ... ........... .... .... ....... ..... ......... ....... ......... ... ..... .... ... ...... .......... 85.00 to 100.00 /llour
Senior Surveyor.. ..................... .......... ..................................... .... .................... 110.00 to 125.00/hour
S u t"""\1 C Y 0 r ...................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . ... 1 00. 00 to 1 0 5 . 00 / h 0 u r
Survey 'fechnician ............................. ............................ .... .................. .... ...... 80.00 to 95.00/hour
(:1\ I) rrCC111ucia11............................,............................................................... 85.00 to 1 00.00/ ho ur
(:0115 truction 'fechnician. ............ ....... ..... .... ...................................... ........... 80.00 to 100.00 /hour
EXPElrr WrTNESS & MEDIA110N SEU.VICES
$300.00/hour
FIELD SURVEYING
One-n1~H1 Party
(Including Survey fiquipn1cnt & V chicle)
$'150.00/hoUf
'I\VO~lnall Party
(Including Stuvey l~quiplncllt & V chicle)
. $210.00/hour
]-1hree..tnal1 Party
(Including Survey E~quipmcnt & Vehicle)
$250.00/hour
TYPING AND CLERICAL
$65.00/hour
OUTSIDE CONSUL'TAN'fS
C:ost + 150/0 I-Iandling (:harge
MA'fEUIALS & OU1~SIDE S~-:n.VICES
Stakes, Pipes, MOllUlnents,
I'vfaps, H..eproduction Se1-vices, etc.
(:0 s t + 150/0 I-Ia ndling Charge
IN-HOIJSE PLorr1~ING
V cUun1 or 130nd
Mylar
$8.00/ sheet
20.00/ sheet
MILEAGE
$0.50/ mile
475 Aviatlon Blvd., Suite 120 (I Santa Rosal CA 95403 .0 V~ 707-..576..1322
\vww. brce ~ cOin
EXHIBIT C
Insurance Requirements to Agreement For Design Professional Services
Re: MASTER AGREEMENT WITH BRELJE AND RACE
Design Professional shall, at all times it is performing services under this Agreement, provide
and maintain insurance in the following types and with limits in conformance with the
requirements set forth below. Design Professional will use existing coverage to comply with
these requirements. If that existing coverage does not meet the requirements set forth here,
Design Professional agrees to amend, supplement or endorse the existing coverage to do so.
Design Professional aclrnowledges that the insurance coverage and policy limits set forth in this
section constitute the minimum amount of coverage required. Any insurance proceeds available
to Design Professional in excess of the limits and coverage required in this agreement and that is
applicable to a given loss will be available to City.
1. Commercial General Liability Insurance, occurrence form, using Insurance
Services Office ("ISO") "Commercial General Liability" policy form CG 00 01 or an approved
equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability
exclusion for claims or suits by one insured against another. Limits are subject to review, but in
no event shall be less than $2,000,000 (Two Million Dollars) each occurrence;
2. Business Auto Coverage on ISO Business Automobile Coverage form CA 00 01
including symbol 1 (Any Auto) or an approved equivalent. Limits are subject to review, but in
no event shall be less than $2,000,000 (Two Million Dollars) each occurrence. If Design
Professional or its employees will use personal autos in any way in connection with performance
of the Services, Design Professional shall provide evidence of personal auto liability coverage
for each such person.
3. W ork:ers Compensation on a state-approved policy form providing statutory
benefits as required by law with employers liability insurance, with minimum limits of
$1,000,000 (One Million Dollars) per occurrence.
4. Excess or Umbrella Liability Insurance (Over Primary) ifused to meet limit
requirements shall provide coverage at least as broad as specified for the underlying coverages.
Any such coverage provided under an umbrella liability policy shall include a drop down
provision providing primary coverage above a maximum self-insured retention for liability not
covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on
behalf of" basis, with defense costs payable in addition to policy limits. Policy shall contain a
provision obligating insurer at the time insured's liability is determined, not requiring actual
payment by insured first. There shall be no cross-liability exclusion precluding coverage for
claims or suits by one insured against another. Coverage shall be applicable to City for injury to
employees of Design Professional, subconsultants or others involved in performance of the
Services. The scope of coverage provided is subject to approval of City following receipt of
proof of insurance as required herein. Limits are subject to review but in no event less than
$2,000,000 (Two Million Dollars) per occurrence.
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5. Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Design Professional and "Covered Professional Services" as designated in the
policy must include the type of work: performed under this Agreement. The policy limit shall be
no less than $1,000,000 (One Million Dollars) per claim and in the aggregate.
6. Insurance procured pursuant to these requirements shall be written by insurers
that are authorized to transact the relevant type of insurance business in the State of California
and with an A.M. Bests rating of A- or better and a minimum financial size VII.
7. General conditions pertaining to provision of insurance coverage by Design
Professional. Design Professional and City agree to the following with respect to insurance
provided by Design Professional:
A. Design Professional agrees to have its insurer endorse the third party
general liability coverage required herein to include as additional insureds the City, its officers,
elected officials, employees, agents, and volunteers, using standard ISO endorsement No. CG
2010 with an edition prior to 1992, or an equivalent. Design Professional also agrees to require
all contractors, and subcontractors to do lik:ewise.
B. No liability insurance coverage provided to comply with this Agreement,
except the Business Auto Coverage policy, shall prohibit Design Professional, or Design
Professional's employees, or agents, from waiving the right of subrogation prior to a loss.
Design Professional agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors and subcontractors to do
lik:ewise.
C. All insurance coverage and limits provided by Design Professional and
available or applicable to this Agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to City or its operations
limits the application of such insurance coverage.
D. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any k:ind that has not been first
submitted to City and approved of in writing.
E. No liability policy shall contain any provision or definition that would
serve to eliminate so-called "third party action over" claims, including any exclusion for bodily
injury to an employee of the insured or of any contractor or subcontractor.
F. All coverage types and limits required are subject to approval,
modification and additional requirements by City, as the need arises, and City shall be
responsible for the cost of any additional insurance required. Design Professional shall not mak:e
any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of
discovery period) that may affect City's protection without City's prior written consent.
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G. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an additional insured
endorsement to Design Professional's general liability policy, shall be delivered to City at or
prior to the execution of this Agreement. In the event such proof of any insurance is not
delivered as required, or in the event such insurance is canceled at any time and no replacement
coverage is provided, City may terminate this agreement in accordance with Section 18 of the
Agreement.
H. Certificate(s) are to reflect that the insurer will provide 30 days notice to
City of any cancellation of coverage. Design Professional agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the insurer to mail
written notice of cancellation imposes no obligation, or that any party will "endeavor" (as
opposed to being required) to comply with the requirements of the certificate.
I. It is aclrnowledged by the parties of this agreement that all insurance
coverage required to be provided by Design Professional or any subcontractor, is intended to
apply first and on a primary, noncontributing basis in relation to any other insurance or self
insurance available to City.
J. Design Professional agrees to ensure that subconsultants, and any other
party involved with the Services who is brought onto or involved in the Services by Design
Professional, provide the same minimum insurance coverage required of Design Professional;
provided, however that only subconsultants performing professional services will be required to
provide professional liability insurance. Design Professional agrees to monitor and review all
such coverage and assumes all responsibility for ensuring that such coverage is provided in
conformity with the requirements of this section. Design Professional agrees that upon request,
all agreements with subcontractors and others engaged in the Services will be submitted to City
for review.
K. Design Professional agrees not to self-insure or to use any self-insured
retentions or deductibles on any portion of the insurance required herein and further agrees that it
will not allow any contractor, subcontractor, architect, consultant or other entity or person in any
way involved in the performance of work: on the Services contemplated by this agreement to
self-insure its obligations to City. If Design Professional's existing coverage includes a
deductible or self-insured retention, the deductible or self-insured retention must be declared to
City. At that time City shall review options with the Design Professional, which may include
reduction or elimination of the deductible or self-insured retention, substitution of other
coverage, or other solutions.
L. The City reserves the right at any time during the term of the contract to
change the amounts and types of insurance required by giving the Design Professional ninety
(90) days advance written notice of such change. If such change results in additional cost to the
Design Professional, and City requires Design Professional to obtain the additional coverage,
City will pay Design Professional the additional cost of the insurance.
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M. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto tak:ing any steps that can be
deemed to be in furtherance of or towards performance of this Agreement.
N. Design Professional aclrnowledges and agrees that any actual or alleged
failure on the part of City to inform Design Professional of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it waive any rights
hereunder in this or any other regard.
o. Design Professional will endeavor to renew the required coverages for a
minimum of three years following completion of the Services or termination of this agreement
and, if Design Professional in unable to do so, Design Professional will notify City at least thirty
days prior to the cancellation or expiration of the policy or policies.
P. Design Professional shall provide proof that policies of insurance required
herein expiring during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been ordered shall be
submitted prior to expiration. A coverage binder or letter from Design Professional's insurance
agent to this effect is acceptable. A certificate of insurance and/or additional insured
endorsement as required in these specifications applicable to the renewing or new coverage must
be provided to City within five days of the expiration of the coverages.
Q. The provisions of any work:ers' compensation or similar act will not limit
the obligations of Design Professional under this agreement. Design Professional expressly
agrees that any statutory immunity defenses under such laws do not apply with respect to City,
its officers, elected officials, employees, agents, and volunteers.
R. Requirements of specific coverage features or limits contained in this
section are not intended as limitations on coverage, limits or other requirements nor as a waiver
of any coverage normally provided by any given policy. Specific reference to a given coverage
feature is for purposes of clarification only as it pertains to a given issue, and is not intended by
any party or insured to be limiting or all-inclusive.
S. These insurance requirements are intended to be separate and distinct from
any other provision in this agreement and are intended by the parties here to be interpreted as
such.
T. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision conflicts with or
impairs the provisions of this Section.
u. Design Professional agrees to be responsible for ensuring that no contract
entered into by Design Professional in connection with the Services authorizes, or purports to
authorize, any third party to charge City an amount in excess of the fee set forth in the agreement
on account of insurance coverage required by this agreement. Any such provisions are to be
deleted with reference to City. It is not the intent of City to reimburse any third party for the cost
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of complying with these requirements. There shall be no recourse against City for payment of
premiums or other amounts with respect thereto.
v. Design Professional agrees to provide immediate notice to City of any
claim or loss against Design Professional arising out of the work: performed under this
agreement. City assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are lik:ely to involve City.
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EXHIBIT D
Key Personnel and Other Consultants, Specialists or Experts Employed by Design Professional
Exhibit D
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Exhibit "D"
Page 1 of 4
City of H.ohnert Park
l\Jastcr Services ,Agrec1nent
CITY PROJECT TEAM EXPERIENCE AND QUALIFICATIONS
Successful cotnpletion of a project requires technical COlnpetcncc, effective managerial skills, a thorough \vork
plan and understanding of the client's needs. Brelje & H.ace has a te~un of in-house highly qualified
professionals whose skills, experience, qualifications and experience arc tailored to accornplishil1g the specific
types of projects \ve anticipate perfonning fo1' the City. j\lllTIClnbers of our tcanl devote the effort necessary
to cOlnplete projects in a titnely lllanner.
In order to pcrfonn projects efficiently, develop sound \vorking relationships and to have continuity and
consistency in staff for all C:ity projects \ve \vill have a dedicated teanl and a single project tnanager for all City
projects. r~ach tean1 lnetnber has specific areas of expertise \vhich \vi11 be tapped as appropriate for the
engineering tasks requested. i\lso;> for consistency) any \vork \vh.ich our staff l11ay not be qualified to pcrfonl1,
\ve '\viti use the sanle teatll of subconsultants on City projects. \Y/e propose to use })(:\' Consulting for all
electrical and controls engineering tasks; WRi\ Consultants for various cllvir0111nental planning tasks such as
biological asseSSll1ents and \vetland delineations; IlOlll Origer and j\ssociates for archaeological assesSlnents,
and; ItGlyI C;eotechnical I~ngineering for all soil engineering analyses ~nd reco1111nendations as lnay be
required.
13rief introductions for our in-house staff and subconsultant teall1 fol1o\vs belo\v. ?vfore detailed restunes of
our staff and key individuals frolll our proposed subconsultants are attached:
Richard Ingram, PE, I}rincipal-in-Chargc - Wastewater alld Reclamation Projects
H.icharc1 Ingranl is \'ice President of Brelje & Race and has over 25 years of direct experience in the planning,
design, construction, and rehabilitation of public infrastructure \vith an clnphasis on \vaste\vater and recycled
\vatcr SystClTIS. l\-fr. Ingnull heads our \vaste\vater division \vhere he has Inanaged 111tlstcr planning and design
of nUlnerous of utility conveyance and treatlnent systelTIs. I-Ie has provided consulting services to the rrO\vn
of \X1indsor, C:ity of Santa H.osa, I)odega Bay Public Utility I)istrict, City of Petahuna and tnany others during
his tenure here at 13relje & ltace.
Jacl{ Locey, PE, Principal-in-Charge - Water and Storm Drainage Projects
Jack L,ocey is President of Brelje & H..ace and has over 30 years of experience in nearly all aspects of the civil
engineering services provided by the cOlnpany. 1\1r. I.Jocey oversees OUf surveying departlnent and has a
particular expertise and kno\vledge of funding InechanislllS for water projects using state and federal funding
sources. I-Ie has lnanaged lnaster planning and design of water, \vaste\vater, stann and flood control projects
fo1' llutnerous public agency and private clients.
Sean Jeane, PE, Associate Engineer - Project Manager
i\1r. J cane has over 20 years in the civil engineering field with extensive project Inanagclnent experience. I-Tis
experience has included a \vide variety of public agency projects in the areas of Inaster planning, hydraulic
luodeling, \vater and wastc\vater facilities design, and road\vay unprovenlcnts. ~{ost recently, l\lr. Jeane has
been project lnanager for roadway, parking lot, and paved pathway itnprovelncnt projects for the Cities of
Santa H.osa and H.ohnert Park, and the Sonoma County i\gricultural Preservation and ()pen Space District.
I-Ie has also been project Inanager for several \vater systelTI itnprovelnent projects for clients such as the
Bodega Bay Public Utility I)istrict, Cities of Robnett Park and Santa Rosa, C:YO Catholic Charities
Occidental Youth Calnp and the nc\v Santa Rosa calnpus for Sutter iVIcdical Center.
B]~elit~ & Ra.ce.
~.,~:;.;..~;;:;;;;;::,.:::.:;;~';..;;; <...y: i.\ ~:;:~ ~: ,'{j. {;.:'{.~ ~! ;<.' ~ ~ ~l Y).s
Exhibit "D"
Page 2 of 4
City 0 f R.ohnert Park
1.Jaster Services .Agl'CCn1cnt
Joe Story, I>E, Survey Coordinatol'
Joe is a pro fessional engineer \vith 15 years of surveying experience. While \vorking \vith OUf fU1n, Joe has
been responsible for all surveying activities, including boundary surveys, right-of-\vay surveys, aerial control
surveys, (~.PS surveys, and construction staking. J~Ie has also been responsible for all sUlveying services related
to preparation of finallnaps, parceltl1aps, records of surveying, legal descriptions and alta sll1veying.
Justin Witt, Environmental Planner
Justin has over 10 years of planning experience in the public sector. Justin is a (:E,(~j\ cOlnpliance expert) has
\vritten EnH..s and nU111CrOUS Negative Declarations, and bas been responsible for pennitting envirol1tnental
cOlnpliance for cOluplex projects. Justin is 6uniliar \vith consultation, application and processing penuits \vith
local, state and federal pcnnitting agencies. H..cccnt projects resulting in successful environtnental pennit
negotiations have been cOlupleted for the ~r(}\vn of Windsor, Sonoll1a Sta tc University, and Santa H.osa] unior
College.
Charles Fisher, PE, Resident Engineer/Construction Observer
Over the past 25 years, Brelje & H.ace has designed or overseen construction of lllore than 100 tuiles of '\vater,
recycled \vater and sc'\vcr Inains in Sonolna C=ounty. Charles Fisher has been a big part of creating Inany of
these designs and has adll1illistercd lnost of the construction efforts. I-lis Blost recent experience includes two
projects for the C:ity of Santa H..osa: road repaving on over 5000 feet of roachvay after installation of 24-inch
\vater lnain on SUlnlnerfield l{.oad, and road reconstruction and repaving of 1600 feet of road\vay on the
:G~arle/I)avis/Barnett Streets. {vIr. Fisher \vill bring his extensive kno\vledge of construction developed in the
field over the past 39 years. I-lis years of field experience have tilDe after titne proven to be the asset that has
enabled our finn to produce straightfor\vard and thorough designs that have avoided change orders or costly
claitns during cons true tion.
George Potter, PE, Project Engineer/Resident Engineer/Construction Observer
rvIr. Potter is a Senior I~ngincer \vith lnore than 20 years of expericncc~ prilnarily involved '\vith the planning,
design and construction lnanagclnent of \vater, \vastc\vater and roadway paving projects. Ivlr. Potter's tllOSt
recent design and construction InallagCtnent projects have included the Rohnert Park Creek Paved Pathway
project, the North and South I-Iarbour Pxcssure Zones 8-inch Intertie pipeline project 111 Bodega 13ay, \vater
tank rehabilitation and recoating projects for the 'fO\Vll of \Xlindsor, and \vater system replacement projects
(including piping and \vater storage tanks) for 13ranger lVlutual and Yulupa lYfutual Water Districts.
I~J~Jt~",~~,J~~t!;~
Exhibit "D"
Page 3 of 4
Ci ty of Rohnett Park
I,,"fastcr Services 11green1ent
ADDITIONAL RESOURCES
Brelje & I~ace is very fatniliar with the staff tnClnbers of) and has an excellent \vorking relationship \virh the
fol1o\ving finTIs:
RGH Consultants, Il1c~
R{}ll Consultants \vill be providing their expertise in geotechnical engineering whenever necessary. 'Their role
\vilI include soil and geologic evaluations Hlld preparation of recolnn1cndatlons and specifications addressing
trenching, grading, foundation type and design criteria, paVCll1Cnt construction, and surface and subsurface
drainage. T'heir construction services \vill include observation and field/laboratory testing of elnbanklnents,
foundation excavations) pavenlcnt cOlnponents, reinforced concrete and drainage facilities.
R{;lI was founded in 1991 and has a staff of professional engineers and geologists, field engineers, and
engineering technicians \vho collectively hold several decades of experience in geotechnical engu1CCf1ng,
engineering geology, construction observation and tnaterials testing in the Northern Bay j\rea.
..A significant percentage of I~(;I~rs experience has involved subsurface investigations and construction
observation for projects in the Coastal and ivlayacalna i'vlountain Ranges. 'fhey have cOlnplcted several
hundred projects in I.~t1ke, ?vfendocino, SOllotna, and Napa Counties. ~rhis regional experience has enabled
H.GI--r to develop a good \vorking kno\vledge of the soil and geologic conditions in the area and an
understanding of the perforlnancc of projects after construction.
DCV COllsultants
IJC\7 Consultants \vill have an itnportant role as the electrical designer for po\vcr and controls SystCIllS. DC\'
Consultants has been providing Electrical and rvfechanical Engineering SClvices to J~ocal, State and Federal
C;overnlnental ..(\gcncies and llon-(;overnlnent~l clients since 1992. DC:,1 Consultants projects have included
stnall hydro-electric plants, distribu don and translnission substa dons, \va tel' pUIn ping plants, \va tef trea ttncnt
plants, \vaste,vater ptUnpil1g plants, \vastc\vatcr treattnent plants, COlnputer based control systclns (SC:j\l)i\),
radio and telephone Olard\vired) C01TIlllUnications systen1S, standby and clllcrgency generation systttns,
cOlluuercial and industrial building electrical, lighting, fire protection and cquiptnent testing \vork.
Tom Origer and Associates
~rOtn Otiger & j\ssociatcs has been providing consultation and research concerning archaeolof,:p}', history,
historic structures, and Native j\merican issues in northern and central California since 1983. '1'0111 Origer &
j\ssociates is a sole proprietorship o\vl1ed by 1~holnas 1'v1. ()riger, rvLi\. J\{r. ()l'iger is a tnclnber of the Register
of Professional j\rchaeologists, and has been involved in this field since 1969.
~rhis finTI has been conducting cultural resources studies in northern and central California for a variety of
federal) state, county, and city agencies, as \vcll as private finns including planners, corporations, and others.
C:urrently, among other on-going projects) the finn has a blanket contract to conduct cultural resources
studies f014 the S0l101na C:OUtlty Public Works I)eparttncnt.
'fOln ()riger & j\ssociates has an experienced staff and all equiplnent necessary to cOlnplcte cultural resources
elClncnts of I~IH. and E~IS level studies including specific plans, land inventories, archaeological site testing and
data recovclY investigations, technical analyses, and reports that satisfy (:Ii.Qj\ and Nl.IP j\ Section 106, as
\varranted. In addition, the finn lnaintains an extensive library of 1naps and other docutncnts particularly
gennane to historical research.
I.~relie & l{ace
;:;:;~:r;.;..~::.:;:::.::;;;.....-;yJ;~;;; f~:'~ i.~~~.~~..U.' ~~1 (~~/:~.. ~.~X,;;:~~.f ~~;~
Exhibit "D"
Page 4 of 4
Ci ty of Rohnert Park
j\.!as ter Services i\ grcC:lncn t
WRA Environmental Consultants
\\IR.i\ E,nvir01l1nental Consultants \vill be retained, as necessary) to provide a biological asseSSlnent to assess
potential biological resources \vhere a proposed project Inay i111pact such resources. Wlt\ has provided biotic
services to 13relje & H..ace on a full spectrUt11 of prior projects for ten years.
\XIl~l\, Inc. provides professional consulting services in \vetlands and endangered species issues. Fonned in
1981, Wl~i\ has cOlnplctcd over 800 projects for governluent agencies, non-profit organizations, and private
cOlnpanies. 'fhe firtn is \vell versed in all aspects of \vetland ecology and endangered and threatened species
biola gy.
\Xllu\ provides its clients \vith a full range of services in the biological sciences and cnvir0111Dcntal planning.
'fheir staff is experienced in the application of federal and state \vetland and endangered species regulations
and trained in the habitat evaluation tnethods used by public agencies. Wl~.A provides cOlnplete services in
the evaluation, planning) and itnplc1l1cntation of ,"vetland and endangered species habitat restoration and
tuitigation projects.
!~r~lt~""f,l1,J~i~;s,~
RESOLUTION NO. 2011-13
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING MASTER
DESIGN PROFESSIONAL AGREEMENT FOR
MUNICIPAL ENGINEERING SERVICES
WITH BRELJE & RACE
WHEREAS, the City desires general municipal engineering services, general city
planning services, development review services, design services and construction
management services related to capital projects and studies; and
WHEREAS, Brelje & Race is qualified to provide such services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rohnert Park: that it does hereby authorize and approve an agreement by and between
Brelje & Race, a California Corporation, and the City of Rohnert Park:, a municipal
corporation, for general municipal engineering services, general city planning services,
development review services, design services and construction management services
related to capital projects and studies.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute this agreement in substantially similar form to the attached agreement
for and on behalf of the City of Rohnert Park:.
DULY AND REGULARLY ADOPTED this 22nd day of February, 2011.
CITY OF ROHNERT PARK
Mayor
ATTEST:
City Clerk:
Agenda Packet Preparation TIMELINES for Regular City Council Meetings
held on the 2nd & 4th Tuesdays of each month:
. Resolutions (other than standard formats for authorizations and approvals), Ordinances &
Agreements to Assistant City Attorney via email for review and approval as to form DUE no
later than NOON Three (3) Mondays prior to Council meeting date
. Agenda items to City Manager via email for his review and responding ..email authorization",
synchronized with above timeframe of Assistant City Attorney review, and an email copy to
the City Clerk for drafting agendas
. Agenda Items with attachments via email and a total of twenty (20) complete hard copy sets
with 2 sets single-sided & 18 sets double-sided/stapled to City Clerk DUE no later than
NOON Two (2) Fridays prior to Council meeting date
. Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later
than Tuesday morning One (1) week prior to Council meeting date
. Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on
Thursday afternoon One (1) week prior to Council meeting date in compliance with
Rohnert Parl( Municinal Code Section 2.08.020 and related Resolution No. 2008-173
{This section for City Clerk Use Only}
2/22/11 City Council Agenda
Item No. 7.C.2
Resolution No. 2011-14
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
Meeting Date:
February 22, 2011
Department:
Development Services
Submitted By:
(Name & Title)
Submittal Date:
Patrick Barnes, Deputy City Engineer
February 10,2011
Agenda (Subject Only) Title:
Authorize and Approve Master Design Professional Agreement with
Coastland Civil Engineering, Inc.
Requested Council Action: Authorize and approve the Master Design Professional Agreement with
Coastland Civil Engineering, Inc. for Municipal Engineering Services and authorize the City Manager to
sign Task Orders in agreement with the terms and conditions of this Master Design Professional
Agreement. Work for specific proj ects shall be authorized separately by "Task Order." The term of this
Agreement shall be from the date of its execution until December 31, 20 15, unless earlier terminated, and
may be extended for successive one-year term(s) upon mutual, written approval by the City Manager
and/or his/her designee and Design Professional.
Summary: The City of Rohnert Park has used the services of Coastland Civil Engineering, Inc. for many
years for general municipal engineering services, general city planning services, development review
services, design services and construction management services related to capital projects and studies.
The current work load creates a need for design and construction management services and development
review. Coastland Civil Engineering, Inc. is willing to provide the City with supplemental engineering
resources and is qualified to provide such services. The attached agreement with Coastland Civil
Engineering, Inc. is similar to previous agreements in that they will provide engineering, planning,
development review, and capital project services. Development review and capital projects would be
charged to the respective developments and projects.
Enclosures: Resolution, Draft Contract
CITY ATTORNEY'S REVIEW:
Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney.
CITY MANAGER'S RECOMMENDATION: ( ) Consent Item ( ) Regular Item
( ) Approval ( ) Public Hearing Required
( ) Not Recommended ( ) Submitted with Comment
( ) Policy Determination by Council
( ) City Comments:
Per City Manager's review and direction for distribution of this agenda item. (Revised 031309) JH:TG-S:05-b
Staff Report
Approve Master Desi2n Professional A2reement
with Coastland Civil En2ineerin2~ Inc.
Reauested Council Action:
Approve the award of a master design professional services agreement contract to Coastland
Civil Engineering, Inc. for various municipal engineering, design and construction-related tasks
and authorize the City Manager to award Task Orders under $50,000.
Back2round:
The City often requires the assistance of municipal engineering and design services firms. There
are three basic reasons the City uses these consultants:
1. To supplement staffing.
2. To provide replacement staffing
3. To provide expertise in areas where the City requires additional expertise.
Supplement Staffing
The City staff dedicated to engineering functions is less than 40% the size of equivalent cities.
The two best basketball players in the NBA cannot successfully compete against the worst five
person team in the NBA. To keep City projects on track and development moving forward, it is
important to have access to consultants to supplement staff. Staff is generally more cost
effective than consultants, but consultants can be used on a cost effective basis to provide
capacity when there is a surge of work.
To Provide Replacement Staffing
One result of maintaining a very small staff is that the City only has one of everything with little
to no redundancy. We have two engineers (including the Development Services Director), one
technician/surveyor, one public works inspector and one administrative assistant.
When we are managing construction projects, we are one illness or one family emergency away
from not being able to properly supervise construction. We need to be able to call with a day or
two notice to have an inspector on site.
Providing Expertise
A small staff cannot have the detailed level of expertise required to design all municipal projects
and complete all the technical studies required by a City the size of Rohnert Park. We must, out
of necessity, be generalists and managers. When a specialist is needed we need to hire a
consultant.
page 1 of3
Current Status:
Recently, the City entered into Master Agreements with Winzler and Kelly and Green Valley.
We also have a Master Agreement with W - Trans for traffic engineering work.
Having a Master Agreement prearranges the terms and conditions between a consultant and the
City allowing a contract to be issued quickly and efficiently. Insurance is already submitted and
accepted. Doing this work once allows staff to save time and money and to move more readily
into productive work.
Having a Master Agreement in place allows the City the flexibility of calling a consultant and
having a technical expert stand in for a staff member who is ill or has a family emergency. It
would be impossible to negotiate a contract with a consultant rapidly enough to provide a stand
by inspector to accommodate an illness or family emergency.
But having Master Agreements with only two municipal engineering firms stifles competition.
Reducing competition can result in the City not getting the best firm for a particular project or
paying more for the work.
Staff is, therefore, stuck in a dilemma with each project - take additional time and cost to solicit
additional proposals and work up individual contracts, or stifle competition, perhaps resulting in
greater fees. Either choice can create inefficiency and extra cost.
The Goal of Staff
There are a number of good municipal engineering firms in the local area. These firms
understand municipal government in Sonoma County and are familiar with the area. Staff
proposes to develop Master Agreements with Brelje and Race and Coastland Civil Engineering,
Inc. Each firm has areas where they overlap and each has unique characteristics. Brelje and
Race has previously worked on the City's water system including the water model and the last
two water system design projects. Coastland has previously assisted the City with many road
projects.
In addition, the existing Master Agreement with Coastland Civil Engineering, Inc. is old and the
terms are dated. This is a great opportunity for the City to update the terms and condition so all
our consultants have similar terms and conditions.
Therefore, Staff is working to establish updated Master Agreements with four different
engineering consulting firms. Tonight, we are asking Council to approve the Master Agreements
for two firms, Coastland Civil Engineering, Inc. and Brelje and Race.
Financial Considerations:
Funding
This Master Agreement commits only $45,000 for engineering work over a five year period.
This provides the ability to respond quickly to an emergency and avoids the cost of issuing a
specific task order for a couple hours of specialized work. Additional money can only be
committed through a separate task order. In that case, funding is committed when the City enters
into a task order under the Master Agreement. Each task order will be paid for out of the project
funds, enterprise funds or developer fees for which the work is completed. In accordance with
page 2 of3
the purchasing ordinance, small task orders under $50,000 will be approved by the City
Manager. Larger task orders will be reviewed by City Council prior to proceeding.
Savings
There is a certain overhead to entering into a contract with a consultant. The city can do this for
each design or service needed, or we can do one agreement that covers all work for multiple
years by entering into a Master Agreement. Doing this work once allows staff to save time and
money and to move more readily into productive work.
Currently, having Master Agreements with only two municipal engineering firms reduces
competition. Reducing competition can result in the City not getting the best firm for a
particular project or paying more for the work.
Having additional Master Agreements will extend the savings of efficiency and competition.
Project Funding
Task work is paid for by the project or development work for which the Task Order is issued.
Options:
There are two options the Council could choose:
1. Award the Master Agreement per staff recommendation. This will allow the City to
augment staff in a relatively quick manner and provide for competition among the
consultants.
2. Do not award this Master Agreement per staff recommendation. Staffwill continue to do
individual contracts for each project except when limiting the City to consultants that
have a Master Agreement in place. The terms of the Master Agreement will be outdated.
Recommendation:
Award the Master Agreement per staff recommendation.
page 3 of3
City of Rohnert Park
130 Avram Ave.
Rohnert Park, CA 94928
MASTER AGREEMENT WITH COASTLAND CIVIL ENGINEERING, INC FOR
DESIGN PROFESSIONAL SERVICES
THIS AGREEMENT is entered into as of the _ day of , 20~, by and
between the CITY OF ROHNERT PARK ("City"), a California municipal corporation, and
Coastland Civil Engineering, Inc, ("Design Professional"), a California Corporation.
Recitals
WHEREAS, City desires to obtain design professional services on an as-needed basis;
WHEREAS, Design Professional hereby represents to City that Design Professional is
skilled and able to provide such services described in Section 1 of this Agreement; and
WHEREAS, City desires to retain Design Professional pursuant to this Agreement to
provide the services described in Section 1 of this Agreement.
Agreement
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS,
THE PARTIES HERETO AGREE AS FOLLOWS:
1. Scope of Services. Subject to such policy direction and approvals as City may
determine from time to time, Design Professional shall perform the services set out in the
"Design Consultant Requirements" ("Services") attached hereto as Exhibit A. Work for specific
projects shall be authorized separately by "Task Order." Design Professional's place of work is at
1400 Neotomas Avenue, Santa Rosa, CA 95405.
2. Time of Performance. The term of this Agreement shall be from the date of its
execution until December 31, 20 15, unless earlier terminated in accordance with Section 18, and
may be extended for successive one-year term(s) upon mutual, written approval by the City
Manager and/or his/her designee and Design Professional.
A. Work authorized by a separate Task Order as contemplated by this
Agreement shall be subject to the Schedule of Performance set forth in the Task Order.
B. The services of Design Professional are to commence upon receipt of a
written notice to proceed from City, but in no event prior to receiving a fully executed
Agreement/Task Order from City and obtaining and delivering the required insurance coverage,
and satisfactory evidence thereof, to City. Any changes to the dates in this Section or in the Task
Order must be approved in writing by City.
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3 . Compensation and Method of Payment.
A. Compensation. The compensation to be paid to Design Professional,
including both payment for professional services and reimbursable expenses, shall be at the rate
and schedules attached hereto as Exhibit B. However, in no event shall the total amount City
pays Design Professional exceed Forty-five Thousand Dollars ($45,000). Work authorized by a
separate Task Order as contemplated by this Agreement shall be subject to the Compensation set
forth in the Task Order. Payment by City under this Agreement shall not be deemed a waiver of
unsatisfactory work, even if such defects were known to City at the time of payment.
B. Timing of Payment.
(1 ) Design Professional shall submit itemized monthly invoices for
work performed. City shall make payment, in full, within thirty
(30) days after approval of the invoice by City.
(2) Payments due and payable to Design Professional for current
services must be within the current budget and within an available,
unexhausted and unencumbered appropriation of the City. In the
event the City has not appropriated sufficient funds for payment of
Design Professional services beyond the current fiscal year, this
Agreement shall cover only those costs incurred up to the
conclusion of the current fiscal year; payment for additional work
is conditional upon future City appropriation.
C. Changes in Compensation. Design Professional will not undertake any
work that will incur costs in excess of the amount set forth in Section 3(A) without prior written
amendment to this Agreement.
D. Standard ofOuality. City relies upon the professional ability of Design
Professional as a material inducement to entering into this Agreement. All work performed by
Design Professional under this Agreement shall be in accordance with all applicable legal
requirements and shall meet the standard of quality ordinarily to be expected of competent
professionals in Design Professional's field of expertise.
E. Taxes. Design Professional shall pay all taxes, assessments and premiums
under the federal Social Security Act, any applicable unemployment insurance contributions,
Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or
other taxes or assessments now or hereafter in effect and payable by reason of or in connection
with the services to be performed by Design Professional.
F. No Overtime or Premium Pay. Design Professional shall receive no
premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty
(40) hours per work week, or work performed during non-standard business hours, such as in the
evenings or on weekends, unless specifically required by the applicable task order and authorized
by City in writing. Design Professional shall not receive a premium or enhanced pay for work
performed on a recognized holiday. Design Professional shall not receive paid time off for days
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not worked, whether it be in the form of sick leave, administrative leave, or for any other form of
absence.
4. Amendment to Task Order and/or Scope of Services. City shall have the right to
amend the Task Order and/or Scope of Services within the Agreement by written notification to
the Design Professional. In such event, the compensation and time of performance shall be
subject to renegotiation upon written demand of either party to the Agreement. Failure of the
Design Professional to secure City's written authorization for extra or changed work shall
constitute a waiver of any and all right to adjustment in the contract price or time due, whether
by way of compensation, restitution, quantum meruit, etc. for work done without the appropriate
City authorization.
5. Duties of City. City shall provide all information requested by Design
Professional that is reasonably necessary to performing the Scope of Work. City retains all
rights of approval and discretion with respect to the projects and undertakings contemplated by
this Agreement.
6. Ownership of Documents.
A. The plans, specifications, estimates, programs, reports, models, and other
material prepared by or on behalf of Design Professional under this Agreement including all
drafts and working documents, and including electronic and paper forms (collectively the
"Documents"), shall be and remain the property of City, whether the Services are completed or
not. Design Professional shall deliver all Documents to City upon (1) the completion of the
Services, (2) the date of termination of this Agreement for any reason, (3) request by City in
writing, or (4) payment of all monies due to Design Professional.
B. The Documents may be used by City and its officers, elected officials,
employees, agents, and volunteers, and assigns, in whole or in part, or in modified form, for all
purposes City may deem advisable without further employment of or payment of any
compensation to Design Professional. If City desires to modify Documents before using them,
City shall obtain written consent from Design Professional for any such modification, and such
consent shall not unreasonably be withheld. If City modifies Documents without obtaining
written consent from Design Professional, Design Professional shall not be liable to City for any
damages resulting from use of such modified Documents, provided that the Design Professional
was not a proximate cause of such damages.
C. Design Professional retains the copyright in and to the intellectual
property depicted in the Documents subject to Design Professional's limitations and City's rights
and licenses set forth in this Agreement. City's ownership interest in the Documents includes the
following single, exclusive license from Design Professional: Design Professional, for itself, its
employees, heirs, successors and assigns, hereby grants (and if any subsequent grant is
necessary, agrees to grant) to City an irrevocable, perpetual, royalty-free, fully paid, sole and
exclusive license and right to use and exercise any and all of the copyrights or other intellectual
property rights that Design Professional may author or create, alone or jointly with others, in or
with respect to the Documents, including without limitation all analysis, reports, designs and
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graphic representations. City's license shall include the right to sublicense, shall be for all
purposes with respect to each right of copyright, and shall be without restriction.
D. Design Professional shall include language that is consistent with this
Section 6 in all subcontracts and agreements that Design Professional negotiates with respect to
the Services.
E. All reports, information, data, and exhibits prepared or assembled by
Design Professional in connection with the performance of its Services pursuant to this
Agreement are confidential until released by City to the public, and the Design Professional shall
not make any of these documents or information available to any individual or organization not
employed by the Design Professional or City without the written consent of City before any such
release. This provision shall not apply to information that (1) is already in the public domain,
(2) was previously known by Design Professional, (3) Design Professional is required to provide
by law, or (4) reasonably required by Design Professional to conduct its defense in a legal or
similar proceeding, so long as Design Professional notifies City in writing before use of such
information.
7. Employment of Other Design Professionals" Specialists or Experts.
A. Design Professional will not employ or otherwise incur an obligation to
pay other consultants, specialists or experts for services in connection with this Agreement
without the prior written approval of City. Any consultants, specialists or experts approved by
City are listed in Exhibit D.
B. Design Professional represents that it has, or will secure at its own
expense, all personnel required in performing the Services. All of the Services required
hereunder will be performed by the Design Professional or under Design Professional's
supervision, and all personnel engaged in the work shall be qualified to perform such services.
C. Design Professional shall make every reasonable effort to maintain
stability and continuity of Design Professional's key personnel assigned to perform the Services.
Key personnel for this contract are listed in Exhibit D.
D. Design Professional shall provide City with a minimum twenty (20) days
prior written notice of any changes in Design Professional's Key Personnel, provided that Design
Professional receives such notice, and shall not replace any Key Personnel with anyone to whom
City has a reasonable objection.
E. Design Professional will not utilize subconsultants other than those listed
in Exhibit D without advance written notice to City. Design Professional will not utilize a
subconsultant to whom City has a reasonable objection. Subconsultants providing professional
services will provide professional liability insurance as required in Exhibit C unless City waives
this requirement, in writing.
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8. Conflict of Interest.
A. Design Professional understands that its professional responsibility is
solely to City. Design Professional warrants that it presently has no interest, and will not acquire
any direct or indirect interest, that would conflict with its performance of this Agreement.
Design Professional shall not knowingly, and shall take reasonable steps to ensure that it does
not, employ a person having such an interest in the performance of this Agreement. If Design
Professional discovers that it has employed a person with a direct or indirect interest that would
conflict with its performance of this Agreement, Design Professional shall promptly disclose the
relationship to City and take such action as City may direct to remedy the conflict.
B. Design Professional (including principals, associates and professional
employees) covenants and represents that it does not now have any investment or interest in real
property and shall not acquire any interest, direct or indirect, in the area covered by this contract
or any other source of income, interest in real property or investment which would be affected in
any manner or degree by the performance of Design Professional's Services hereunder. Design
Professional further covenants and represents that in the performance of its duties hereunder no
person having any such interest shall perform any services under this Agreement.
C. Design Professional is not a designated employee within the meaning of
the Political Reform Act because Design Professional:
(1 ) Will conduct research and arrive at conclusions with respect to
his/her rendition of information, advice, recommendation or counsel independent of the control
and direction of City or of any City official other than normal contract monitoring; and
(2) Possesses no authority with respect to any City decision beyond
the rendition of information, advice, recommendation or counsel (FPPC Reg. 187 OO( a )(2)).
9. Interest of Members and Employees of City. No member of City and no other
officer, elected official, employee, agent or volunteer of City who exercises any functions or
responsibilities in connection with the carrying out of any project to which this Agreement
pertains, shall have any personal interest, direct or indirect, in this Agreement, nor shall any such
person participate in any decision relating to this Agreement which affects its personal interests
or the interest of any corporation, partnership or association in which he/she is directly or
indirectly interested.
10. Liability of Members and Employees of City. No member of City and no other
officer, elected official, employee, agent or volunteer of City shall be personally liable to Design
Professional or otherwise in the event of any default or breach of City, or for any amount which
may become due to Design Professional or any successor in interest, or for any obligations
directly or indirectly incurred under the terms of this Agreement.
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11. Indemnity.
A. To the fullest extent permitted by law (including, without limitation,
California Civil Code Sections 2782 and 2782.8), Design Professional shall defend (with legal
counsel reasonably acceptable to City) indemnify and hold harmless City and its officers, elected
officials, employees, agents, and volunteers (collectively "Indemnitees ") from and against any
and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an
employee of Design Professional or its subconsultants), expense and liability of every kind,
nature and description (including, without limitation, fines, penalties, incidental and
consequential damages, reasonable court costs and attorneys fees, litigation expenses and fees of
expert consultants or expert witnesses incurred in connection therewith, and costs of
investigation), that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of Design Professional, any subconsultant, anyone directly or indirectly employed by
them, or anyone that they control (collectively "Liabilities"). Such negligence, recklessness, or
willful misconduct includes without limitation the failure of Design Professional to disclose
information known by Design Professional to be material to performing the Services. Such
obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent
that such Liabilities are caused by the negligence, active negligence, or willful misconduct of
such Indemnitee.
B. Neither termination of this Agreement nor completion of the Services shall
release Design Professional from its obligations under this Section 11, as long as the event giving
rise to the claim, loss, cost, damage, injury, expense or liability occurred prior to the effective
date of any such termination or completion.
C. Design Professional agrees to obtain executed indemnity agreements with
provisions identical to those set forth in this section from each and every subconsultant or any
other person or entity involved by, for, with or on behalf of Design Professional in the
performance of this Agreement. If Design Professional fails to obtain such indemnity
obligations from others as required, Design Professional shall be fully responsible for all
obligations under this Section. City's failure to monitor compliance with this requirement
imposes no additional obligations on City and will in no way act as a waiver of any rights
hereunder. The obligation to indemnify and defend City as set forth herein is binding on the
successors, assigns or heirs of Design Professional and shall survive the termination of this
Agreement or this section.
D. Design Professional's compliance with the insurance requirements does
not relieve Design Professional from the obligations described in this Section 11, which shall
apply whether or not such insurance policies are applicable to a claim or damages.
12. Independent Contractor. It is understood that Design Professional, in the
performance of the work and services agreed to be performed by Design Professional, shall act
as and be an independent contractor as defined in Labor Code 3353 and not an agent or
employee of City; and as an independent contractor, Design Professional shall obtain no rights to
retirement benefits or other benefits which accrue to City's employees, and Design Professional
hereby expressly waives any claim it may have to any such rights. Design Professional, its
officers, employees and agents shall not have any power to bind or commit City to any decision.
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13. Compliance with Laws.
A. General. Design Professional shall (and shall cause its agents and
subcontractors), at its sole cost and expense, comply with all applicable federal, state and local
laws, codes, ordinances and regulations now in force or which may hereafter be in force during
the term of this Agreement. Any corrections to Design Professional's reports or other
Documents (as defined in Section 6) that become necessary as a result of Design Professional's
failure to comply with these requirements shall be made at the Design Professional's expense.
B. Updates. Should Design Professional become aware that the requirements
referenced in subparagraph A above change after the date of a report or other Document is
prepared, Design Professional shall be responsible for notifying City of such change in
requirements. Design Professional will bring the Documents into conformance with the newly
issued requirements at the written direction of City. Design Professional's costs for providing
services pursuant to this paragraph shall be submitted to City as Additional Services.
C. Licenses and Permits. Design Professional represents that it has the skills,
expertise, licenses and permits necessary to perform the Services. Design Professional shall
perform all such Services in the manner and according to the standards observed by a competent
practitioner of the same profession in which Design Professional is engaged. All products of
whatsoever nature which Design Professional delivers to City pursuant to this Agreement shall
conform to the standards of quality normally observed by a person practicing in Design
Professional's profession. Permits and/or licenses shall be obtained and maintained by Design
Professional without additional compensation throughout the term of this Agreement. Except as
otherwise allowed by City in its sole discretion, Design Professional and all subconsultants shall
have acquired, at their expense, a business license from City in accordance with Chapter 5.04 of
the Rohnert Park Municipal Code, prior to City's issuance of an authorization to proceed with the
Services. Such licensee s) must be kept valid throughout the term of this Agreement.
D. Documents Stamped. Design Professional shall have documents created
as part of the Services to be performed under this Agreement stamped by registered professionals
for the disciplines covered by Design Professional's Documents as required by Section 6735 of
the Business and Professionals Code or any other applicable law or regulation. Design
Professional shall not be required to stamp any documents not prepared under its direct
supervision. The City will not be charged an additional fee to have such documents stamped.
E. Workers' Compensation. Design Professional certifies that it is aware of
the provisions of the California Labor Code which require every employee to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that Code, and Design Professional certifies that it will comply with such
provisions before commencing performance of this Agreement.
F. Prevailing Wage. Design Professional and Design Professional's sub-
consultants, shall, to the extent required by the California Labor Code, pay not less than the latest
prevailing wage rates to workers and professionals as determined by the Director of Industrial
Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article
2. Copies of the applicable wage determination are on file at City Clerk's office.
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G. Injury and Illness Prevention Program. Design Professional certifies that
it is aware of and has complied with the provisions of California Labor Code Section 640 1. 7,
which requires every employer to adopt a written injury and illness prevention program.
H. City Not Responsible. City is not responsible or liable for Design
Professional's failure to comply with any and all of the requirements set forth in this Agreement.
14. Nonexclusive Agreement. Design Professional understands that this is not an
exclusive Agreement and that City shall have the right to negotiate with and enter into contracts
with others providing the same or similar services as those provided by Design Professional as
City desires.
15 . Confidential Information. All data, documents, discussions or other information
developed or received by or for Design Professional in performance of this Agreement are
confidential and not to be disclosed to any person except as authorized by City, as required by
law, or as otherwise allowed by this Agreement.
16. Insurance. Design Professional shall provide insurance in accordance with the
requirements of Exhibit C.
17. Assignment Prohibited. Design Professional shall not assign any of its rights nor
transfer any of its obligations under this Agreement without the prior written consent of City and
any attempt to so assign or so transfer without such consent shall be void and without legal effect
and shall constitute grounds for termination.
18. Termination.
A. If Design Professional at any time refuses or neglects to prosecute its
Services in a timely fashion or in accordance with the schedule, or is adjudicated a bankrupt, or
commits any act of insolvency, or makes an assignment for the benefit of creditors without City's
consent, or fails to make prompt payment to persons furnishing labor, equipment, materials or
services, or fails in any respect to properly and diligently prosecute its Services, or otherwise
fails to perform fully any and all of the agreements herein contained, Design Professional shall
be in default.
B. If Design Professional fails to cure the default within seven (7) days after
written notice thereof, City may, at its sole option, take possession of any Documents or other
materials (in paper and electronic form) prepared or used by Design Professional and (1)
complete any such work, labor, materials or services as may be necessary to overcome the
default and deduct the cost thereof from any money then due or thereafter to become due to
Design Professional under this Agreement; and/or (2) terminate Design Professional's right to
proceed with this Agreement.
C. In the event City elects to terminate, City shall have the right to immediate
possession of all Documents and work in progress prepared by Design Professional, whether
located at Design Professional's place of business, or at the offices of a subconsultant, and may
employ any other person or persons to finish the Services and provide the materials therefor. In
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case of such default termination, Design Professional shall not be entitled to receive any further
payment under this Agreement until the Services are completely finished.
D. In addition to the foregoing right to terminate for default, City reserves the
absolute right to terminate this Agreement without cause, upon 72-hours' written notice to
Design Professional ("Termination for Convenience"). In the event of a Termination for
Convenience, Design Professional shall be entitled to payment in an amount that shall be
calculated as follows: (1) payment for Services then satisfactorily completed and accepted by
City, plus (2) reimbursable expenses actually incurred by Design Professional, as approved by
City. The amount of any payment made to Design Professional prior to the date of termination
of this Agreement shall be deducted from the amounts described in (1) and (2) above. Design
Professional shall not be entitled to any claim or lien against City for any additional
compensation or damages in the event of such termination and payment. In addition, City's right
to withhold funds under Section 18.C. shall be applicable in the event of a termination for
convenIence.
E. If this Agreement is terminated by City for default and it is later
determined that the default termination was wrongful, such termination automatically shall be
converted to and treated as a Termination for Convenience under this Section 18 and Design
Professional shall be entitled to receive only the amounts payable under Section 18.D.
19. Suspension. The City shall have the authority to suspend this Agreement and the
services contemplated herein, wholly or in part, for such period as he/she deems necessary due to
unfavorable conditions or to the failure on the part of the Design Professional to perform any
provision of this Agreement. Design Professional will be paid for satisfactory Services
performed through the date of temporary suspension. In the event that Design Professional's
Services hereunder are delayed for a period in excess of six (6) months due to causes beyond
Design Professional's reasonable control, Design Professional's compensation shall be subject to
renegotiation.
20. Entire Agreement and Amendment. This Agreement constitutes the complete and
exclusive statement of the agreement between City and Design Professional and supersedes any
previous agreements, whether verbal or written, concerning the same subject matter. This
Agreement may only be amended or extended from time to time by written agreement of the
parties hereto.
21. Interpretation. This Agreement shall be interpreted as though it was a product of
a joint drafting effort and no provisions shall be interpreted against a party on the ground that
said party was solely or primarily responsible for drafting the language to be interpreted.
22. Litigation Support. Design Professional agrees to testify at City's request if
litigation is brought against City in connection with Design Professional's Services. Unless the
action is brought by Design Professional or is based upon Design Professional's negligence, City
will compensate Design Professional for the preparation and the testimony at Design
Professional's standard hourly rates, if requested by City and not part of the litigation brought by
City against Design Professional.
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23. Litigation Costs. If either party becomes involved in litigation arising out of this
Agreement or the performance thereof, the court in such litigation shall award reasonable costs
and expenses, including attorneys' fees, to the prevailing party. In awarding attorneys' fees, the
court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do
so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith.
24. Time of the Essence. Time is of the essence of this Agreement.
25. Written Notification. Any notice, demand, request, consent, approval or
communication that either party desires or is required to give to the other party shall be in
writing and either served personally or sent by prepaid, first class mail. Any such notice,
demand, etc. shall be addressed to the other party at the address set forth hereinbelow. Either
party may change its address by notifying the other party of the change of address. Notice shall
be deemed communicated within 48 hours from the time of mailing if mailed as provided in this
section.
If to City:
City Engineer
City of Rohnert Park -City Hall
130 Avram Avenue, Second Floor
Rohnert Park, CA 94928
If to Design Professional:
Scott Reynolds
Coastland Civil Engineering, Inc.
1400 Neotomas Avenue
Santa Rosa, CA 95405
26. Design Professional's Books and Records.
A. Design Professional shall maintain any and all ledgers, books of account,
invoices, vouchers, canceled checks, and other records or documents evidencing or relating to
charges for services, or expenditures and disbursements charged to City for a minimum period of
three (3) years, or for any longer period required by law, from the date of final payment to
Design Professional.
B. Design Professional shall maintain all documents and records which
demonstrate performance under this Agreement for a minimum period of three (3) years, or for
any longer period required by law, from the date of termination or completion of this Agreement.
C. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated
representative of any of these officers. Copies of such documents shall be provided to City for
inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed
upon, the records shall be available at Design Professional's address indicated for receipt of
notices in this Agreement.
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D. City may, by written request by any of the above-named officers, require
that custody of the records be given to City and that the records and documents be maintained in
the City Manager's office. Access to such records and documents shall be granted to any party
authorized by Design Professional, Design Professional's representatives, or Design
Professional's successor-in - interest.
E. Pursuant to California Government Code Section 10527, the parties to this
Agreement shall be subject to the examination and audit of representative of the Auditor General
of the State of California for a period of three (3) years after final payment under the Agreement.
The examination and audit shall be confined to those matters connected with the performance of
this Agreement including, but not limited to, the cost of administering the Agreement.
27. Equal Employment Opportunity. Design Professional is an equal opportunity
employer and agrees to comply with all applicable state and federal regulations governing equal
employment opportunity. Design Professional will not discriminate against any employee or
applicant for employment because of race, age, sex, creed, color, sexual orientation, marital
status or national origin. Design Professional will take affirmative action to ensure that
applicants are treated during such employment without regard to race, age, sex, creed, color,
sexual orientation, marital status or national origin. Such action shall include, but shall not be
limited to, the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; lay-offs or termination; rates of payor other forms of compensation; and
selection for training, including apprenticeship. Design Professional further agrees to post in
conspicuous places, available to employees and applicants for employment, notices setting forth
the provisions of this nondiscrimination clause.
28. Unauthorized Aliens. Design Professional hereby promises and agrees to comply
with all the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. S 1101, et
seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined
therein. Should Design Professional so employ such unauthorized aliens for performance of
work and/or services covered by this Agreement, and should any liability or sanctions be
imposed against City for such use of unauthorized aliens, Design Professional hereby agrees to
and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with
any and all costs, including attorneys' fees, incurred by City.
29. Section Headings. The headings of the several sections, and any table of contents
appended hereto, shall be solely for convenience of reference and shall not affect the meaning,
construction or effect hereof.
30. City Not Obligated to Third Parties. City shall not be obligated or liable for
payment hereunder to any party other than the Design Professional.
31. Remedies Not Exclusive. No remedy herein conferred upon or reserved to City is
intended to be exclusive of any other remedy or remedies, and each and every such remedy, to
the extent permitted by law, shall be cumulative and in addition to any other remedy given
hereunder or now or hereafter existing at law or in equity or otherwise.
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32. Severability. If anyone or more of the provisions contained herein shall for any
reason be held to be invalid, illegal or unenforceable in any respect, then such provision or
provisions shall be deemed severable from the remaining provisions hereof, and such invalidity,
illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall
be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
33. No Waiver Of Default. No delay or omission of City to exercise any right or
power arising upon the occurrence of any event of default shall impair any such right or power or
shall be construed to be a waiver of any such default of an acquiescence therein; and every
power and remedy given by this Agreement to City shall be exercised from time to time and as
often as may be deemed expedient in the sole discretion of City.
34. Successors And Assigns. All representations, covenants and warranties set forth
in this Agreement, by or on behalf of, or for the benefit of any or all of the parties hereto, shall be
binding upon and inure to the benefit of such party, its successors and assigns.
35. Exhibits. The following exhibits are attached to this Agreement and incorporated
herein by this reference:
A.
Exhibit A:
Scope of Services
B.
Exhibit B:
Compensation - Rates and Schedules
C.
Exhibit C:
Insurance Requirements
D.
Exhibit D:
Key Personnel and Other Consultants, Specialists or
Experts Employed by Design Professional
36. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
37. News Releases/Interviews. All Design Professional and subconsultant news
releases, media interviews, testimony at hearings and public comment shall be prohibited unless
expressly authorized by City.
38. Venue. In the event that suit shall be brought by either party hereunder, the
parties agree that trial of such action shall be held exclusively in a state court in the County of
Sonoma, California.
39. Authority. All parties to this Agreement warrant and represent that they have the
power and authority to enter into this Agreement in the names, titles, and capacities herein stated
and on behalf of any entities, persons, or firms represented or purported to be represented by
such entity(ies), person(s), or firm(s) and that all formal requirements necessary or required by
any state and/or federal law in order to enter into this Agreement have been fully complied with.
Furthermore, by entering into this Agreement, Design Professional hereby warrants that it shall
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not have breached the terms or conditions of any other contract or agreement to which Design
Professional is obligated, which breach would have a material effect hereon.
IN WITNESS WHEREOF, City and Design Professional have executed this
Agreement as of the date first above written.
CITY OF ROHNERT PARK
DESIGN PROFESSIONAL
By:
Gabriel Gonzalez, City Manager
Date:
Per Resolution No. 2011-_ adopted by the Rohnert
Park City Council at its meeting of
2011
By:
Title:
Date:
DESIGN PROFESSIONAL
APPROVED AS TO FORM:
By:
T i tl e :
Date:
By:
City Attorney
ATTEST:
By:
City Clerk
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EXHIBIT A
Scope of Services
As specifically authorized by separate Task Order, Design Professional may perform the
following services:
Exhibit A
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Compensation
Rates and Schedules
Exhibit C
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EXHIBIT C
Insurance Requirements to Agreement F or Design Professional Services
Re: MASTER AGREEMENT WITH COASTLAND CIVIL ENGINEERING, INC.
Design Professional shall, at all times it is performing services under this Agreement, provide
and maintain insurance in the following types and with limits in conformance with the
requirements set forth below. Design Professional will use existing coverage to comply with
these requirements. If that existing coverage does not meet the requirements set forth here,
Design Professional agrees to amend, supplement or endorse the existing coverage to do so.
Design Professional acknowledges that the insurance coverage and policy limits set forth in this
section constitute the minimum amount of coverage required. Any insurance proceeds available
to Design Professional in excess of the limits and coverage required in this agreement and that is
applicable to a given loss will be available to City.
1. Commercial General Liability Insurance, occurrence form, using Insurance
Services Office ("ISO") "Commercial General Liability" policy form CG 00 01 or an approved
equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability
exclusion for claims or suits by one insured against another. Limits are subject to review, but in
no event shall be less than $2,000,000 (Two Million Dollars) each occurrence;
2. Business Auto Coverage on ISO Business Automobile Coverage form CA 00 01
including symbol 1 (Any Auto) or an approved equivalent. Limits are subject to review, but in
no event shall be less than $2,000,000 (Two Million Dollars) each occurrence. If Design
Professional or its employees will use personal autos in any way in connection with performance
of the Services, Design Professional shall provide evidence of personal auto liability coverage
for each such person.
3 . Workers Compensation on a state-approved policy form providing statutory
benefits as required by law with employers liability insurance, with minimum limits of
$1,000,000 (One Million Dollars) per occurrence.
4. Excess or Umbrella Liability Insurance (Over Primary) ifused to meet limit
requirements shall provide coverage at least as broad as specified for the underlying coverages.
Any such coverage provided under an umbrella liability policy shall include a drop down
provision providing primary coverage above a maximum self-insured retention for liability not
covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on
behalf of" basis, with defense costs payable in addition to policy limits. Policy shall contain a
provision obligating insurer at the time insured's liability is determined, not requiring actual
payment by insured first. There shall be no cross-liability exclusion precluding coverage for
claims or suits by one insured against another. Coverage shall be applicable to City for injury to
employees of Design Professional, subconsultants or others involved in performance of the
Services. The scope of coverage provided is subject to approval of City following receipt of
proof of insurance as required herein. Limits are subject to review but in no event less than
$2,000,000 (Two Million Dollars) per occurrence.
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5. Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Design Professional and "Covered Professional Services" as designated in the
policy must include the type of work performed under this Agreement. The policy limit shall be
no less than $1,000,000 (One Million Dollars) per claim and in the aggregate.
6. Insurance procured pursuant to these requirements shall be written by insurers
that are authorized to transact the relevant type of insurance business in the State of California
and with an A.M. Bests rating of A- or better and a minimum financial size VII.
7. General conditions pertaining to provision of insurance coverage by Design
Professional. Design Professional and City agree to the following with respect to insurance
provided by Design Professional:
A. Design Professional agrees to have its insurer endorse the third party
general liability coverage required herein to include as additional insureds the City, its officers,
elected officials, employees, agents, and volunteers, using standard ISO endorsement No. CG
2010 with an edition prior to 1992, or an equivalent. Design Professional also agrees to require
all contractors, and subcontractors to do likewise.
B. No liability insurance coverage provided to comply with this Agreement,
except the Business Auto Coverage policy, shall prohibit Design Professional, or Design
Professional's employees, or agents, from waiving the right of subrogation prior to a loss.
Design Professional agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors and subcontractors to do
likewise.
C. All insurance coverage and limits provided by Design Professional and
available or applicable to this Agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to City or its operations
limits the application of such insurance coverage.
D. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been first
submitted to City and approved of in writing.
E. No liability policy shall contain any provision or definition that would
serve to eliminate so-called "third party action over" claims, including any exclusion for bodily
injury to an employee of the insured or of any contractor or subcontractor.
F. All coverage types and limits required are subject to approval,
modification and additional requirements by City, as the need arises, and City shall be
responsible for the cost of any additional insurance required. Design Professional shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of
discovery period) that may affect City's protection without City's prior written consent.
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G. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an additional insured
endorsement to Design Professional's general liability policy, shall be delivered to City at or
prior to the execution of this Agreement. In the event such proof of any insurance is not
delivered as required, or in the event such insurance is canceled at any time and no replacement
coverage is provided, City may terminate this agreement in accordance with Section 18 of the
Agreement.
H. Certificate(s) are to reflect that the insurer will provide 30 days notice to
City of any cancellation of coverage. Design Professional agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the insurer to mail
written notice of cancellation imposes no obligation, or that any party will "endeavor" (as
opposed to being required) to comply with the requirements of the certificate.
I. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Design Professional or any subcontractor, is intended to
apply first and on a primary, noncontributing basis in relation to any other insurance or self
insurance available to City.
J. Design Professional agrees to ensure that subconsultants, and any other
party involved with the Services who is brought onto or involved in the Services by Design
Professional, provide the same minimum insurance coverage required of Design Professional;
provided, however that only subconsultants performing professional services will be required to
provide professional liability insurance. Design Professional agrees to monitor and review all
such coverage and assumes all responsibility for ensuring that such coverage is provided in
conformity with the requirements of this section. Design Professional agrees that upon request,
all agreements with subcontractors and others engaged in the Services will be submitted to City
for review.
K. Design Professional agrees not to self-insure or to use any self-insured
retentions or deductibles on any portion of the insurance required herein and further agrees that it
will not allow any contractor, subcontractor, architect, consultant or other entity or person in any
way involved in the performance of work on the Services contemplated by this agreement to
self-insure its obligations to City. If Design Professional's existing coverage includes a
deductible or self-insured retention, the deductible or self-insured retention must be declared to
City. At that time City shall review options with the Design Professional, which may include
reduction or elimination of the deductible or self-insured retention, substitution of other
coverage, or other solutions.
L. The City reserves the right at any time during the term of the contract to
change the amounts and types of insurance required by giving the Design Professional ninety
(90) days advance written notice of such change. If such change results in additional cost to the
Design Professional, and City requires Design Professional to obtain the additional coverage,
City will pay Design Professional the additional cost of the insurance.
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M. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any steps that can be
deemed to be in furtherance of or towards performance of this Agreement.
N. Design Professional acknowledges and agrees that any actual or alleged
failure on the part of City to inform Design Professional of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it waive any rights
hereunder in this or any other regard.
o. Design Professional will endeavor to renew the required coverages for a
minimum of three years following completion of the Services or termination of this agreement
and, if Design Professional in unable to do so, Design Professional will notify City at least thirty
days prior to the cancellation or expiration of the policy or policies.
P. Design Professional shall provide proof that policies of insurance required
herein expiring during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been ordered shall be
submitted prior to expiration. A coverage binder or letter from Design Professional's insurance
agent to this effect is acceptable. A certificate of insurance and/or additional insured
endorsement as required in these specifications applicable to the renewing or new coverage must
be provided to City within five days of the expiration of the coverages.
Q. The provisions of any workers' compensation or similar act will not limit
the obligations of Design Professional under this agreement. Design Professional expressly
agrees that any statutory immunity defenses under such laws do not apply with respect to City,
its officers, elected officials, employees, agents, and volunteers.
R. Requirements of specific coverage features or limits contained in this
section are not intended as limitations on coverage, limits or other requirements nor as a waiver
of any coverage normally provided by any given policy. Specific reference to a given coverage
feature is for purposes of clarification only as it pertains to a given issue, and is not intended by
any party or insured to be limiting or all-inclusive.
S. These insurance requirements are intended to be separate and distinct from
any other provision in this agreement and are intended by the parties here to be interpreted as
such.
T. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision conflicts with or
impairs the provisions of this Section.
u. Design Professional agrees to be responsible for ensuring that no contract
entered into by Design Professional in connection with the Services authorizes, or purports to
authorize, any third party to charge City an amount in excess of the fee set forth in the agreement
on account of insurance coverage required by this agreement. Any such provisions are to be
deleted with reference to City. It is not the intent of City to reimburse any third party for the cost
-19-
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of complying with these requirements. There shall be no recourse against City for payment of
premiums or other amounts with respect thereto.
v. Design Professional agrees to provide immediate notice to City of any
claim or loss against Design Professional arising out of the work performed under this
agreement. City assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to involve City.
-20-
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EXHIBIT D
Key Personnel and Other Consultants, Specialists or Experts Employed by Design Professional
Exhibit D
1257804v1A 80078/0012
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RESOLUTION NO. 2011-14
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING MASTER
DESIGN PROFESSIONAL AGREEMENT FOR
MUNICIPAL ENGINEERING SERVICES
WITH COASTLAND CIVIL ENGINEERING, INC.
WHEREAS, the City desires general municipal engineering services, general city
planning services, development review services, design services and construction
management services related to capital projects and studies; and
WHEREAS, Coastland Civil Engineering, Inc. is qualified to provide such
serVIces.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rohnert Park that it does hereby authorize and approve an agreement by and between
Coastland Civil Engineering, Inc., a California Corporation, and the City of Rohnert
Park, a municipal corporation, for general municipal engineering services, general city
planning services, development review services, design services and construction
management services related to capital projects and studies.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute this agreement in substantially similar form to the attached agreement
for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 22nd day of February, 2011.
CITY OF ROHNERT PARK
Mayor
ATTEST:
City Clerk
Agenda Packet Preparation TIMELINES for Regular City Council Meetings
held on the 2nd & 4th Tuesdays of each month:
. Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to
Assistant City Attorney via email for review and approval as to form DUE no later than NOON Three
(3) Mondays prior to Council meeting date
. Agenda items to City Manager via email for his review and responding ..email authorization",
synchronized with above timeframe of Assistant City Attorney review, and an email copy to the City
Clerk for drafting agendas
. Agenda Items with attachments via email and a total of twenty (20) complete hard copy sets with 2 sets
single-sided & 18 sets double-sided/stapled to City Clerk DUE no later than NOON Two (2) Fridays
prior to Council meeting date
. Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than
Tuesday morning One (1) week prior to Council meeting date
. Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on Thursday
afternoon One (1) week prior to Council meeting date in compliance with Rohnert Park Municipal
Code Section 2.08.020 and related Resolution No. 2008-173
{This section for City Clerk Use Only}
02/22/11 City Council Agenda
ITEM NO. 7.D.l
ORDINANCE NO. 833
[Adoption deferred from 2/8/11
for roll call vote]
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
Meeting Date:
February 22, 2011
Department:
Administration
Submitted By:
Judy Hauff, City Clerk
February 9, 2011
Submittal Date:
Agenda Title:
Cultural Arts Commission - Term of Office of Members
Requested Council Action: Adopt Ordinance No. 833 changing the term of office for members of
the Cultural Arts Commission from four years to two years
Summary:
On January 11,2011, the City Council considered and concurred with the City Clerk's recommendation
to change the term of office for members of the Cultural Arts Commission from four years to two years
consistent with all other City advisory bodies. The City Clerk also recommended that all such terms
expire concurrently on December 31 consistent with term expirations for all members of the Bicycle
Advisory Committee, the Parks and Recreation Commission, the Planning Commission, and the Senior
Citizens Advisory Commission. Should the Council adopt Ordinance No. 833, all current terms of office
for regular members of the Cultural Arts Commission will expire on December 31,2012.
On January 25,2011, the City Council introduced Ordinance No. 833 by a unanimous vote. The City
Clerk recommends that the Council now adopt Ordinance No. 833 amending Section 2.24.040, Term of
Office of Members, of Chapter 2.24, Cultural Arts Commission of the Rohnert Park Municipal Code.
Attachments: Ordinance No. 833
CITY ATTORNEY'S REVIEW:
Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney.
CITY MANAGER'S RECOMMENDATION: (X) Consent Item
(X) Approval ( ) Public Hearing Required
( ) Not Recommended ( ) Submitted with Comment
( ) Policy Determination by Council
( ) City Comments:
( ) Regular Time
Per City Manager's review and direction for distribution of this agenda item.
ORDINANCE NO. 833
AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING SECTION
2.24.040, TERM OF OFFICE OF MEMBERS, OF CHAPTER 2.24, CULTURAL ARTS
COMMISSION, OF THE ROHNERT PARK MUNICIPAL CODE
WHEREAS, the Cultural Arts Commission is comprised of five members, each with a
four-year term of office;
WHEREAS, the Cultural Arts Commission is the only City advisory body with four-year
terms and one of three advisory bodies with staggered terms; and
WHEREAS, the City Council wishes to amend Rohnert Park Municipal Code section
2.24.040 to change the term of office for members of the Cultural Arts Commissioners from
staggered four year terms to two years terms that expire concurrently on December 31 consistent
with all terms of office for members of the Bicycle Advisory Committee, the Parks and
Recreation Commission, the Planning Commission, and the Senior Citizens Advisory
Commission.
NOW, THEREFORE, the City of Rohnert Park does hereby ordain as follows:
SECTION 1: The term of office of any regular member of the Cultural Arts Commission
appointed between February 1,2011, and the effective date of this ordinance shall expire on
December 31,2012.
SECTION 2: Section 2.24.040 of Chapter 2.24 of the Rohnert Park Municipal Code is hereby
amended to read as follows:
"2.24.040 - Term of office of members.
Members of the commission shall be appointed by the city council. The term of office of
all regular members of the commission shall be two years expiring on December 31.
Each member shall serve at the pleasure of the city council until his or her successor is
appointed and qualified."
SECTION 3: Severability. The City Council hereby declares that every section, paragraph,
sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence,
clause, or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining
sections, paragraphs, sentences, clauses, or phrases.
SECTION 4: Effective Date and Publication. This ordinance shall be in full force and effect 30
days after its adoption, and shall be published and posted as required by law.
1
This ordinance was introduced by the City Council of the City of Rohnert Park on January 25,
2011, and adopted on , 2011, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ROHNERT PARK
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
2
Agenda Packet Preparation TIMELINES for Regular City Council Meetings
held on the 2nd & 4th Tuesdays of each month:
. Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant
City Attorney via email for review and approval as to form DUE no later than NOON Three (3) Mondays prior to
Council meeting date
. Agenda items to City Manager via email for his review and responding ..email authorization", synchronized with
above timeframe of Assistant City Attorney review, and an email copy to the City Clerk for drafting agendas
. Agenda Items with attachments via email and a total of twenty (20) complete hard copy sets with 2 sets single-sided
& 18 sets double-sided/stapled to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting
date
. Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday morning
One (1) week prior to Council meeting date
. Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on Thursday afternoon One (1)
week prior to Council meeting date in compliance with Rohnert Park Municipal Code Section 2.08.020 and related
Resolution No. 2008-173
{This section for City Clerk Use Only}
2/22/11 City Council Agenda
ITEM NO. 7.D.2
for Adoption of
Ordinance No. 834
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
Meeting Date: February 22,2011
Department: Development Services
Submitted By: Patrick Barnes, Deputy City Engineer
Submittal Date: February 16,2011
Agenda Title: Adoption of an Ordinance of the City Council of the City of Rohnert Park
Repealing and Replacing Chapters 13.08 (Sewer Use Ordinance-Purpose and
Applicability), 13.12 (Definitions), 13.16 (Sewers-General Provisions, 13.26
(Sewer Laterals and Private Sewers), 13.28 (Sewer Users), 13.32 (Sewer Use
Permits), 13.36 (Sewers-Regulation of Waste Discharges), 13.48 (Sewers-
Administration, and 13.52 (Sewers-Enforcement) of Title 13, Water and
Sewers, of the Rohnert Park Municipal Code
Requested
Council Action: Adopt attached ordinance.
The City Council introduced the proposed ordinance by a vote of 5-0 at its meeting of Febmary 8, 2011.
Staff requests that Council adopt the ordinance repealing and replacing Chapters 13.08 (Sewer Use
Ordinance-Purpose and Applicability), 13.12 (Definitions), 13.16 (Sewers-General Provisions,
13.26 (Sewer Laterals and Private Sewers), 13.28 (Sewer Users), 13.32 (Sewer Use Permits),
13.36 (Sewers-Regulation of Waste Discharges), 13.48 (Sewers-Administration, and 13.52
(Sewers-Enforcement) of Title 13, Water and Sewers, of the Rohnert Park Municipal Code.
This Ordinance does not affect sewer rates, charges, or other fees. This ordinance conforms to
new regulations of the federal Environmental Protection Agency. These regulations allow a
tiered monitoring system for industrial users which will benefit industrial dischargers in Rohnert
Park. Rohnert Park is part of a group of cities that use the Subregional Wastewater Treatment
Facility on Llano Road. All the sub-regional partner cities have adopted similar provisions.
Adoption in Rohnert Park will provide consistency for users and bring allow us to conform to
federal requirements.
Attachments: Proposed Ordinance No. 834
CITY ATTORNEY'S REVIEW: n/a
CITY MANAGER'S RECOMMENDATION: (X) Consent Item
(X) Approval ( ) Public Hearing Required
( ) Not Recommended ( ) Submitted with Comment
( ) Policy Determination by Council
( ) City Comments:
( ) Regular Time
(Revised 031309) JH:TG-S:05-b
ORDINANCE NO. 834
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
REPEALING AND REPLACING CHAPTERS 13.08 (SEWER USE ORDINANCE -
PURPOSE AND APPLICABILITY), 13.12 (DEFINITIONS), 13.16 (SEWERS -
GENERAL PROVISIONSO, 13.26 (SEWER LATERALS AND PRIVATE SEWERS),
13.28 (SEWER USERS), 13.32 (SEWER USE PERMITS), 13.36 (SEWERS -
REGULATION OF WASTE DISCHARGES), 13.48 (SEWERS - ADMINISTRATION),
AND 13.52 (SEWERS - ENFORCEMENT) OF TITLE 13, WATER AND SEWERS,
OF THE ROHNERT PARK MUNICIPAL CODE
WHEREAS, the City of Rohnert Park Sewer Use Ordinance is codified as Chapters 13.08
through 13.52 of the Rohnert Park Municipal Code;
WHEREAS, the current Sewer Use Ordinance does not comply with new and changed
requirements under Environmental Protection Agency (EP A) Pretreatment provisions and other
requirements related to the "Statewide General Waste Discharge Requirements for Sanitary
Sewer Systems - Order No. 2006-0003";
WHEREAS, this ordinance reflects changes in national regulations and if not adopted,
will result in a Sewer Use Ordinance that is more restrictive than Federal requirements; and
WHEREAS, the City of Rohnert Park joins with other cities in cooperative management
of the regional wastewater system, and adoption of this ordinance will allow all of the cities to
work together efficiently.
NOW, THEREFORE, the City Council of the City of Rohnert Park does ordain as
follows:
SECTION 1. Chapter 13.08, Sewer Use Ordinance - Purpose and Applicability, of the Rohnert
Park Municipal Code is hereby repealed and replaced with the following:
"Chapter 13.08
SEWER USE ORDINANCE-PURPOSE AND APPLICABILITY*
Sections:
13.08.010
13.08.020
13.08.030
13.08.040
13.08.050
Short title.
Purpose.
Applicability.
Violations Unlawful.
Ministerial Permit Issuance.
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*
Prior ordinance history: Ord. 267.
13.08.010 Short title.
The ordinances codified in Chapters 13.08 through 13.52 shall be known as the "sewer use
ordinance."
13.08.020 Purpose.
The purpose of the sewer use ordinance is to regulate the use of the City sewage collection
system to avoid misuse and to comply with applicable state and federal requirements. The
ordinance includes provisions for control of sewer construction, source control of toxic
substances, and the monitoring and control of the quality and quantity of industrial wastes. The
ordinance requires charges for use of the sewerage system, including the City's collection
system, pump station and interceptors and the subregional system's treatment, disposal, and
reclamation system. The ordinance includes provisions for enforcement and penalties for
violations.
13.08.030 Applicability.
The sewer use ordinance shall apply to all property within the City and to all property served
through an outside service agreement. The sewer use ordinance shall remain in effect unless and
until repealed, amended or modified by the City Council in accordance with applicable state and
local laws and procedures.
13.08.040 Violations Unlawful.
It shall be unlawful for any person to connect to, reconnect to, install, provide, maintain, or use
any portion of the City's sewer system except as provided by this sewer use ordinance.
13.08.050 Ministerial Permit Issuance.
The City has determined that the issuance of a wastewater discharge permit pursuant to the
provisions of this sewer use ordinance is a ministerial act."
SECTION 2. Chapter 13.12, Abbreviations and Definition" of the Rohnert Park Municipal
Code is repealed and replaced with the following:
"Chapter 13.12
ABBREVIATIONS AND DEFINITIONS
Sections:
13.12.010
13.12.020
Abbreviations.
Definitions.
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13.12.010 Abbreviations
For purposes of this sewer use ordinance, the following abbreviations shall have the designated
meanIngs:
AO
BMP
BOD
BTEX
co
CFR
CIU
COD
EPA
Fa
gpd
MGD
mg/l
NOV
NPDES -
O&M
POTW -
RCRA -
SIC
SIU
SNC
Administrative Order
Best Management Practices
Biochemical Oxygen Demand
Benzene, Toluene, Ethylbenzene, Xylene
Centigrade
Code of Federal Regulations
Categorical Industrial User
Chemical Oxygen Demand
Environmental Protection Agency
Fahrenheit
Gallons Per Day
Million Gallons per Day
Milligrams per Liter
Notice of Violation
National Pollutant Discharge Elimination System
Operations and Maintenance
Publicly Owned Treatment Works
Resource Conservation and Recovery Act
Standard Industrial Classification
Significant Industrial User
Significant Non-Compliance
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SWDA - Solid Waste Disposal Act
TDS Total Dissolved Solids
TKN Total Kjeldahl Nitrogen
TSS Total Suspended Solids
TTO Total Toxic Organics
USC United States Code
13.12.020 Definitions.
For the purposes of this sewer use ordinance, the following words and phrases shall have the
meanings respectively ascribed to them in this Section:
(1) "Act" means Federal Water Pollution Control Act, also known as the Clean Water Act,
33 USC 1251, et seq., or as amended.
(2) "Administrator" means the appropriate Environmental Protection Agency (EP A)
Regional Administrator (San Francisco EP A, Region IX).
(3) "Amalgam Separator" means a device that employs filtration, settlement,
centrifugation, or ion exchange to remove amalgam and its metal constituents from a
dental office vacuum system before it discharges to the sewer.
( 4) "Amalgam Waste" means and includes any of the following without limitation: non-
contact amalgam (amalgam scrap that has not been in contact with the patient); contact
amalgam (including, but not limited to, extracted teeth containing amalgam); amalgam
sludge captured by chair-side traps, vacuum pump filters, screens, and other amalgam
trapping devices; used amalgam capsules; and leaking or unusable amalgam capsules.
(5) "Applicant" means a person or entity making an application for a permit that is an
occupant and/or owner, or an occupant and/or owner's authorized representative of the
premises to be served by the sewer for which a permit is required.
(6) "Approval authority" means the Program Director in a National Pollutant Discharge
Elimination System (NPDES) state with an approved state pretreatment program.
(7) "Authorized Representative" of the applicant or user.
(a) If the applicant or user is a corporation:
(i) The president, secretary, treasurer, or a vice-president of the corporation in
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charge of a principal business function, or any other person who performs
similar policy or decision-making functions for the corporation; or
(ii) The manager of one or more manufacturing, production, or operation
facility employing more than 250 persons or having gross annual sales or
expenditures exceeding $60 million (in fourth-quarter 2005 dollars), if
authority to sign documents has been assigned or delegated to the manager
in accordance with corporate procedures.
(b) If the applicant or user is a partnership, association, or sole proprietorship: an
authorized representative shall mean a general partner or proprietor,
respectively.
( c) If the applicant or user is a federal, state, or local governmental facility: an
authorized representative shall mean a director or highest official appointed or
designated to oversee the operation and performance of the activities of the
government facility, or their designee.
( d) The individuals described in paragraphs ( a) through ( c) may designate another
authorized representative if the authorization is in writing, the authorization
specifies the individual or position responsible for the overall operation of the
facility from which the discharge originates or having overall responsibility for
environmental matters for the company, and the written authorization is
submitted to the City's Development Services section.
( e) A user not falling within one of the above categories must designate as the
authorized representative an individual responsible for the overall operation of
the facility.
(8) "Average dry weather flow" (ADWF) means the mean daily volume of sewage during
the period of time not influenced by rainfall.
(9) "Best available technology (BAT)" means the most efficient hardware, fixtures and
systems as determined by the City Engineer for reduction of the amount of wastewater
volume or pollutants.
(1 0) "Best Management Practices" (BMP) means schedules of activities, prohibition of
practices, maintenance procedures, and other management practices to prevent or
reduce unintended discharges to the sanitary sewer system. BMPs include, but are not
limited to, pretreatment requirements, operational procedures and practices,
maintenance and repair of equipment, record keeping, containment to prevent spills or
leaks, sludge or waste disposal, good housekeeping practices or diversion of water
away from raw materials or chemical storage areas.
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(11) "BOD" means biochemical oxygen demand as determined by the 5-day BOD in
accordance with standards set forth in 40 CFR Part 136, or as amended.
(12) "Building" means any structure used or intended for supporting or sheltering any use
or occupancy as determined by the City Engineer.
(13) "Building sewer" means a sewer serving a specific building or property extending from
two feet outside the building to either the street lateral or the private sewer. Often
referred to as a building lateral.
(14) "Business" means all commercial uses, including but not limited to offices,
merchandising and industrial uses.
(15) "Categorical pretreatment standards" means any regulation containing pollutant
discharge limits promulgated by the EPA under Section 307(b) and (c) of the Clean
Water Act applicable to industrial users.
(16) "Categorical User or Categorical Industrial User (CIU)" means all industrial users that
are subject to categorical pretreatment standards under 40 CFR Part 403.6 and in any
industry as defined in 40 CFR Parts 405-599, as amended.
(17) "City" means the City of Rohnert Park, Sonoma County, California.
(18) "City Engineer" means the City Engineer for the City, or his or her designee.
(19) "City Manager" means the City Manager for the City or his or her designee.
(20) "City sewer" means any public sewer located within an easement or public right-of-
way that is maintained by the City.
(21) "City sewerage system" means the sewerage system that is maintained by the City.
(22) "City Standards" means the "City of Rohnert Park Manual of Standards, Details and
Specifications, as may be amended from time to time, on file with the City Engineer.
(23) "COD" means chemical oxygen demand as determined in accordance with standard
analytical procedures.
(24) "Color" means the optical density at the visual wave length of maximum absorption,
relative to distilled water. One hundred percent transmittance is equivalent to zero
optical density.
(25) "Common interest development" means either:
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( a) A development characterized by individual ownership of a condominium unit
(for residential or nonresidential use), coupled with the shared ownership or
right to use common areas and facilities, including a shared building sewer
connection to the City sewer;
(b) Individual properties that share a building sewer connection to the City sewer
through private agreements or easements, or
(c) A development or individual properties that own, use or are responsible for the
maintenance of a private sewer.
(26) "Compliance Schedule" means a detailed time schedule of specific actions that a user is
required to take to prevent or correct a violation of any prohibitions or limitations
prescribed herein or any of the City's effluent limitations or pretreatment standards
promulgated in accordance herewith.
(27) "Composite Sample" means the sample resulting from the combination of individual
wastewater samples taken at selected intervals based on an increment of either flow
proportional or time.
(28) "Connected" means a physical joinder of any plumbing or drainage system or fixture
contained in any structure to the Subregional Sewer System.
(29) "Contamination" means an impairment of the quality of the waters of the state by
waste to a degree that creates a hazard to the public health through poisoning or through
the spread of disease.
(30) "Cooling Water" means the water discharged from any use such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is heat and other minor
chemical constituents.
(31) "Cooling Water, Non-contact" means water used for cooling that does not come into
direct contact with any raw material, intermediate product, waste product, or finished
product.
(32) "Council" means the City Council of the City of Rohnert Park, Sonoma County,
California.
(33) "Customer" means a person who is, or who has agreed to be, responsible for the
payment of water or sewer service charges.
(34) "Discharger" is synonymous with "User."
(35) "Dissolved solids" means the residue upon evaporation of water after filtration in
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accordance with standards set forth in 40 CFR Part 136, or as amended, or any other
test procedures approved by the Administrator. Dissolved solids are also termed total
dissolved solids or "TDS."
(36) "Domestic Wastewater" Wastewater or sewage from restrooms and sanitary
conveniences of domestic households and businesses originating from toilets, urinals,
kitchens, bathrooms, showers, baths, basins and laundries and does not include
industrial or agricultural wastewater.
(37) "Enforcement Response Plan" (ERP) means the mechanism for addressing applicable
local, state, or federal violations. The ERP shall include a written description of each
type of enforcement, when to administer it, and how the monitoring schedule is
affected. In conjunction with the written description, there may be an ERP flow chart
that maps out the path through the various levels of enforcement.
(38) "EP A" means the Environmental Protection Agency.
(39) "Existing Source" means any source of discharge, the construction or operation of
which commenced prior to the publication by EP A of proposed categorical
pretreatment standards under Section 307 (b) and ( c) of the Act that will be applicable
to such source if the standard is thereafter promulgated in accordance with Section 307
of the Act.
(40) "Federal Water Pollution Control Act of 1972" means Public Law 92-500, officially
entitled the "Federal Water Pollution Control Act Amendments of 1972," or as
amended, as well as guidelines, limitations, and standards promulgated by the
Environmental Protection Agency.
( 41 ) "Garbage" means solid wastes from the domestic and commercial preparation,
cooking, and dispensing of food and from the handling, storage, and sale of food
products.
(42) "Grab Sample" means a sample that is taken from a waste stream without regard to the
flow in the waste stream and over a period of time not to exceed 15 minutes.
(43) "Holding Tank Waste" means any waste from holding tanks such as vessels, chemical
toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
( 44) "Improvement" means that which is built or constructed, an edifice of any kind, or any
piece of work artificially built up or composed of parts joined together in some definite
manner. Improvement shall not include "building" as defined above and temporary on-
site storm basins, but shall include the playing area of any non-enclosed sport facility or
restricted sport field.
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( 45) "Indirect discharge" means the introduction of pollutants into a POTW from any
nondomestic source regulated under Section 307(b), (c), or (d) of the Act.
( 46) "Industrial cost recovery" means the portion of annual capital cost recovery allocable
to industry and subject to federal industrial payback.
( 4 7) "Industrial user" means a source of indirect discharge including SIU s and other
industry. For purposes of federal industrial cost recovery and payback provisions, any
user of a publicly owned treatment works identified in the U.S. "Standard Industrial
Classification Manual, 1972," under the following divisions:
Division A Agriculture, Forestry, and Fishing
Division B Mining
Division D Manufacturing
Division E Transportations, Communications, Electric, Gas, and Sanitary
Services
Division I Services
Users in these divisions may be excluded from the industrial user category if it is determined that
they will introduce primarily segregated domestic wastes or wastes from sanitary conveniences.
( 48) "Industrial wastewater" means the waterborne waste and waste water from any
production, manufacturing or processing operation of whatever nature including
institutional and commercial operations where water is used for the removal of
significant quantities of wastes other than from human habitation of premises connected
to the public sewers. Contents of chemical toilets, septic tanks, waste holding tanks and
waste sumps shall be classified as industrial waste.
(49) "Infiltration" means water entering the sewer system through the ground.
(50) "Inflow" means water entering a sewer system from surface drainage and from clean
cooling water from non-contact cooling systems.
(51 ) "Maximum Allowable Discharge Limit" means the maximum concentration of a
pollutant allowed to be discharged at any time, determined from the analysis of any
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discrete or composite samples collected, independent of the industrial flow rate and the
duration of the sampling event.
(52) "Interceptor" means a grease removal device designed to intercept, trap, or otherwise
prevent grease, sand, flammable liquids, or other substances potentially harmful to the
sewer system from entering the system.
(53) "Force Main Interceptor" means the portion of the City sewer that connects the City's
terminal pump station to the subregional system's water recycling plant.
(54) "Interference" means a discharge which, alone or in conjunction with a discharge or
discharges from other sources, both:
(a) Inhibits or disrupts the POTW, its treatment processes or operations, or its
sludge processes, use, or disposal; and
(b) Causes a violation of any requirement of the POTW's NPDES permit (including
an increase in the magnitude or duration of a violation) or prevents sludge use
or disposal in compliance with statutory provisions, regulations or permits
issued thereunder ( or more stringent state or local regulations) including without
limitation: Section 405 of the Act; the Solid Waste Disposal Act (SWDA), the
Resource Conservation and Recovery Act (RCRA), and including regulations
contained in any State sludge management plan prepared pursuant to Subtitle D
of the SWDA; the Clean Air Act; the Toxic Substances Control Act; and the
Marine Protection, Research and Sanctuaries Act.
(55) "Local Limits" means the technically and/or literature-based limits, expressed either as
concentration or as mass, of those pollutants.
(56) "Lot" means any premises, piece or parcel of land or property as bounded, defined or
shown upon a map, plat or deed recorded in the office of the County Recorder.
However, in the event any building or improvements appurtenant to said building cover
more area than a "lot", as defined above, the term "lot" shall be deemed to be and
include all such pieces or parcels of land upon which said buildings or improvements
are wholly or partly located.
(57) "Medical Waste" means isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding, surgical
wastes, potentially contaminated laboratory wastes, and dialysis wastes.
(58) "National Pretreatment Standard" or "National Categorical Pretreatment Standard"
means any regulation containing pollutant discharge limits promulgated by the EP A in
accordance with Section 307 (b) and (c) of the Act, which applies to industrial users.
This term includes prohibitive discharge limits established pursuant to 40 CFR, Part
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403.5.
(59) "Natural outlet" means any outlet into a watercourse, ditch, pond, lake, or other body
of surface or groundwater.
(60) "New source" means:
(a) any building, structure, facility, or installation from which there is or may be a
discharge of pollutants, the construction of which commenced after the
publication of proposed pretreatment standards under 307(c) of the Act, which
will be applicable to such source if such standards are thereafter promulgated in
accordance with that Section, provided that:
(i) The building, structure, facility or installation is constructed at a site or on
a lot at which no other source is located;
(ii) The building, structure, facility or installation totally replaces the process
or production equipment that causes the discharge of pollutants at an
existing source; or
(iii) The production or wastewater generating processes of the building,
structure, facility or installation are substantially independent of an
existing source at the same site or lot. The City Engineer shall determine
whether the production or wastewater generating processes are
substantially independent, taking into account these factors as the extent to
which the new facility is integrated with the existing plant, and the extent
to which the new facility is engaged in the same general type of activity as
the existing source, or
(b ) Construction on a site at which an existing source is located resulting in a
modification of said source if the construction does not create a new building,
structure, facility or installation but otherwise alters, replaces, or adds to
existing process or production equipment.
(c) Construction of a new source as defined under this paragraph has commenced if
the applicant, user or customer has either:
(i) Begun, or caused to begin as part of a continuous onsite construction
program:
1. Any placement, assembly, or installation of facilities or equipment; or
2. Significant site preparation work including clearing, excavation, or
removal of existing buildings, structures, or facilities which is
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necessary for the placement, assembly, or installation of new source
facilities or equipment; or
(ii) Entered into a binding contractual obligation for the purchase of facilities
or equipment which is intended to be used in its operation within a
reasonable time. Options to purchase or contracts which can be
terminated or modified without substantial loss, and contracts for
feasibility, Engineering, and design studies do not constitute a contractual
obligation under this subsection.
( 61 ) "Nonresidential users" includes those whose premises are used primarily for
commercial, governmental, or other nonresidential activities but excludes those whose
premises are used for industrial activities.
(62) "NPDES permit" means National Pollutant Discharge Elimination System Permit
issued to a POTW pursuant to Section 402 of the Act.
(63) "Nuisance" means any condition caused, maintained or permitted to exist which
constitutes a threat to public health, safety, and welfare that is injurious to the senses or
that significantly obstructs, injures or interferes with the reasonable or free use of
property in a neighborhood, community or to any considerable number of persons. A
public nuisance also has the same meaning as set forth under the California Civil Code.
(64) "Pass-through" means any discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction with a discharge or
discharges from other sources, is a cause of a violation of any requirement of the
POTW's NPDES permit or waste discharge requirements, including an increase in the
magnitude or duration of a violation.
( 65) "Peak wet weather flow" (PWWF) means peak rate of flow occurring during or from
the effects of precipitation.
(66) "Person" means any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental entity, or any
other legal entity; or the legal representatives, agents, or assigns of such entities.
Person includes all federal, state, and local governmental entities.
(67) "pH" means the logarithm of the reciprocal of the hydrogen-ion concentration and
indicates the measure of acidity or alkalinity.
(68) "Pollutant" includes but is not limited to dredge soil, solid waste, incinerator residue,
filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and
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certain characteristics of wastewater (e.g., pH, temperature, TDS, TSS, turbidity, color,
BOD, COD, toxicity, or odor) as well as any other referenced pollutants in 40 CFR or
as amended.
(69) "Pollution" means an alteration of the quality of the waters of the state by waste to a
degree that unreasonably affects such waters for beneficial use or facilities which serve
such beneficial uses.
(70) "Premises" means a parcel of real property, or portion thereof, including any
improvement thereon, which is determined by the City Engineer to be a single unit for
the purposes of receiving, using, and paying for sewerage service.
(71 ) "Pretreatment" means the reduction of the amount of pollutants, the elimination of
pollutants, or the alteration of the nature of pollutant properties in wastewater prior to
or in lieu of discharging or otherwise introducing such pollutants into a POTW. The
reduction or alteration may be obtained by physical, chemical, or biological processes,
process changes or by other means, except as prohibited by 40 CFR Part 403.6 (d), or
as amended.
(72) "Pretreatment requirements" means any substantive or procedural requirement related
to pretreatment, other than a national pretreatment standard, imposed on an industrial
user.
(73) "Pretreatment Standards" or "Standards" means discharge standards, categorical
pretreatment standards, and local standards and limits.
(74) "Private Sewer" means a common sewer privately owned that connects one or more
building sewers to the public sewer. A private sewer includes sewer main, manholes
and all appurtenances.
(75) "Prohibited Discharge Standards" or "Prohibited Discharges" means prohibitions
against the discharge of certain substances.
(76) "Public agency" means any of the following: the United States Government or any
department or agency thereof; the State of California or any department or agency
thereof; any City, county, town, or any department or agencies thereof; any school
district; any other governmental or public district or entity; or any other legal public
district, entity or entities; or any combination of the foregoing.
(77) "Publicly owned treatment works" (POTW) means a treatment works as defined by
Section 212 of the Act that is owned and/or operated by a state or municipality. This
includes any devices and systems used in the collection, storage, treatment, recycling,
and reclamation of the municipal sewage or industrial wastewater of a liquid nature. It
also includes sewers, pipes, and other conveyances if they convey wastewater to a
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POTW treatment plant.
(78) "Public Sewer" means the common sewer directly controlled and owned by a public
authority.
(79) "Regional Water Quality Control Board" means the California Regional Water Quality
Control Board, North Coastal Region, which has jurisdiction in the Rohnert Park area.
(80) "Residential user" means users whose premises are primarily for residential purposes
and have no significant producing or processing activity of a commercial or industrial
nature.
(81 ) "Sanitary sewer" means the same as sewer.
(82) "Seasonal flow" is defined as an industrial wastewater discharge during any 15 day
period during which the average volume and/or strength of any regulated wastewater
characteristic exceeds the respective yearly averages by 50%.
(83) "Septic Tank Waste" means any sewage from holding tanks such as vessels, chemical
toilets, campers, trailers, and septic tanks. (See Holding Tank Waste.)
(84) "Sewage" means the water-borne wastes received from human habitation and use of
premises for residential, business, institutional, commercial and industrial purposes.
(85) "Sewer" means a pipe or conduit that carries sewage and/or industrial wastes and to
which storm, surface, and groundwaters are not intentionally admitted. Unless
otherwise qualified, the word "sewer," when used in Chapters 13.08 through 13.52,
shall be taken to mean "sanitary sewer."
(86) "Sewer lateral" means the same as "Sewer service lateral."
(87) "Sewer main" means the portion of the sewer that collects and conveys flow from the
sewer laterals to the City's terminal pump station. A sewer main can be a "public
sewer" or a "private sewer."
(88) "Sewer service charges" means fees, rolls, rates, rentals, or other charges for services
and facilities furnished by the City in connection with the sanitation or sewage system.
They shall include user charges and industrial cost recovery charges as defined under
U.S. Public Law 92-500.
(89) "Sewer service lateral" means that portion of the sewer system that connects the user's
premises to the Public Sewer or a private sewer. This includes the building sewer and
the street lateral.
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(90) "Sewer or sanitary overflow" means any overflow, spill, release, discharge or diversion
of untreated or partially treated wastewater that mayor may not reach water of the
United States or that mayor may not cause wastewater backups into buildings or onto
private property.
(91 ) "Sewer system" or "Sewerage system" means all works for collecting, pumping,
treating, disposing, storing, and reclaiming sewage.
(92) "Significant industrial user" (SID) means a user subject to categorical pretreatment standards
under 40 CFR Part 403.6 and in any industry as defined in 40 CFR Parts 405-471 or a user that:
(a) Discharges an average of25,000 gpd or more of process wastewater to the POTW
(excluding sanitary, non-contact cooling, and boiler blowdown wastewater);
(b ) Contributes a process wastestream that makes up five percent or more of the average
dry weather hydraulic or organic capacity of the POTW; or
( c) Is designated as such by the City Engineer on the basis that it has a reasonable
potential for adversely affecting the POTW's operation or for violating any
pretreatment standard or requirement (in accordance with 40 CFR Part
403.8(f)(6)).
(93) "Sludge" means a primarily organic solid product produced by wastewater treatment
processes that can be beneficially recycled.
(94) "Slug Discharge" or "Slug" means a discharge capable of causing adverse impacts to
the City, its workers, or the environment, or any pollutant including an oxygen-
demanding pollutant released in a discharge at a flow rate and/or pollutant
concentration that may cause interference with the operation of the City sewer system.
This includes, but is not limited to, any discharge of water, sewage, or industrial waste,
which in concentration of any given constituent or in quantity of flow exceeds for any
period of duration longer than fifteen minutes, more than five times the average twenty-
four-hour concentration or flow rate during normal operation. A slug discharge is
considered to be a discharge of a non-routine, episodic nature, including, but not
limited to, an accidental spill or a non-customary batch discharge. Batch discharges are
intentional, controllable discharges that occur periodically within an industrial user's
process (typically the result of a non-continuous process). Accidental spills are
unintentional, largely uncontrolled discharges that may result from leaks or spills of
storage containers or manufacturing processes in an area with access to floor drains.
(95) "Standard analytical procedures" means procedures contained in the latest editions of
"Standard Methods for the Examination of Water and Wastewater" (American Public
Health Association), in American Society of Testing and Materials (ASTM) standard
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and tentative methods, EP A 40 CFR 136, and other standard procedures appropriate to
the conditions as set forth or approved by the EP A.
(96) "Standard Industrial Classification or SIC" means a classification pursuant to the latest
published edition of the Standard Industrial Classification Manual issued by the
Executive Office of the President, Office of Management and Budget used to promote
the comparability of industries.
(97) "State" means the state of California.
(98) "Street lateral" means the portion of the City sewer that connects the sewer main to the
building sewer at the property line.
(99) "Subregional system" means the Santa Rosa Subregional Water Reclamation System
service area, a POTW, which includes the Cities of Santa Rosa, Rohnert Park,
Sebastopol, Cotati, and the Sonoma County South Park Sanitation District.
(100) "Suspended solids" (SS) means the total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquid, and which is removable by
laboratory filtering per standards set forth in 40 CFR Part 136 or any other test
procedure approved by the Administrator or City Engineer.
(101)"Television Inspection" means an inspection with a television camera that allows
viewing of the inside main or lateral and recording of the images in accordance with
City Standards.
(102) "Total Dissolved Solids (TDS)" means the residue upon evaporation of water after
filtration. Standards for analysis are set forth in 40 CFR Part 136.
(103) "Total Kjeldahl Nitrogen (TKN)" means ammonia as nitrogen, as measured by the
Kjeldahl method. Standards for analysis are set forth in 40 CFR Part 136.
(104) "Toxic Pollutant" means one of the pollutants or combinations of pollutants listed as
toxic under Section 307 of the Act.
(1 05) "Trade secret" means a method or process, not patented, but known only to persons
using it in producing an article of trade or a service having commercial value.
(1 06) "User" means any person who is owner of record, lessee, sublessee, mortgagee in
possession, or responsible for property having a connection to a City sewer or for
processes that contribute sewage or industrial wastewater to a City sewer. See also
"industrial user."
(1 07) "User agency" means a public agency which by agreement with the City is served by
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and acquires a capacity service in the City sewerage system.
(1 08) "Waste" includes sewage and any and all other waste substances, liquid, solid, gaseous,
or radioactive associated with human habitation, or of human or animal origin, or from
any producing, manufacturing or processing operation of whatever nature. See also
"industrial wastewater."
(109) "Waste Hauler" means persons who haul wastewater from a domestic, commercial,
industrial, or other origin as approved by the City Engineer to the POTW. Domestic
sources include chemical toilets, campers, trailers, septic tanks, or cesspools.
(110) "Wastewater" means the liquid and water-carried industrial wastewater, or sewage
from residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which is contributed to the City
sewer system.
(111 ) "Wastewater Discharge Permit" means the written permit or mechanism by which new
or increased contributions of pollutants, or changes in the nature of pollutants, to the
Subregional system by industrial users, may be controlled to ensure compliance with
applicable pretreatment standards, pretreatment requirements, or City local limits.
(112) "Wastewater Treatment Plant or Treatment Plant" means that portion of the POTW
that is designed to provide treatment of municipal sewage and industrial wastewater.
(113) "Water quality requirements" means requirements for City's treatment plant effluent or
that of the Santa Rosa subregional system upon connection thereto as established by the
National Pollutant Discharge Elimination System permit, or by state or federal
regulatory agencies for the protection of receiving water quality. Water quality
requirements include effluent limitations and waste discharge standards, limitations, or
prohibitions that may be established or adopted from time to time by state or federal
laws or regulatory agencies.
(114) "Waters of the State" or "Receiving Waters" means all streams, lakes, ponds, marshes,
watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems,
drainage systems, and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained within, flow
through, or border upon the State or any portion thereof."
SECTION 3. Chapter 13.16, Sewers - General Provisions, is repealed and replaced with the
following:
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Sections:
13.16.010
13.16.020
13.16.030
13.16.040
13.16.050
13.16.060
13.16.070
13.16.090
13.16.010
"Chapter 13.16
SEWERS-GENERAL PROVISIONS*
Sewer connection required when available.
Outside service area connections-Written agreement required.
Connection to force main interceptors.
Connection of surface or subsurface drains.
Prohibited methods of discharge to City sewer and laterals.
Compliance with laws and regulations.
Nonlimitation of additional requirements.
Conflict with state law.
Sewer connection required when available.
(A) Sewer Connection. The owner of any parcel used for human occupancy, employment,
recreation, or other human purpose that utilizes a private sewage system and is situated
within the City and abutting on any street or easement in which there is situated a sanitary
sewer within 200 feet of the property line closest to the available sewer, and designed to
serve such parcel is required to install, at his or her sole expense, a connection with the
public sewer in accordance with the provisions of this title within 90 days after date of
official notice by the City Engineer to do so. This requirement also pertains to the
construction of an additional unit on the existing parcel. Such official notice may inform
the owner that no person may construct, excavate, maintain, cause, allow or permit to be
constructed, excavated, or maintained on any parcels, any private sewage system, sewer
pipes or other pipes or conduits, including residential graywater systems as defined by
Chapter 22, Section 14875 et seq., of the California Water Code, for the treatment and
discharge of sewage or impure waters, gas, vapor, oils, acids, tar or any other matter or
substance offensive, injurious or dangerous to the public health, safety, or general welfare.
(B) Abandonment of Private Sewer Disposal System. Within ninety days of connecting to the
City sewer, any private sewage disposal system on the property shall be abandoned in
accordance with the requirements of the County Health Officer. It is unlawful to construct,
reconstruct, relocate or alter any privy, privy vault, cesspool, septic tank or other facility
intended or used for the disposal of sanitary sewage within the City without the express
written permission of the City Engineer and the County Health Officer.
13.16.020 Outside service area connections-Written agreement required.
(A) As a condition to the approval of the connection of property situated outside the corporate
limits of the City to the City sewer, the owner of such property or his or her authorized
agent must enter into a written agreement with the City that includes at least the following
prOVISIons:
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(1) A provision that the connection shall be at the sole expense of the owners of the property;
(2) A provision that the owners of the property shall pay all applicable capacity fees and
public facilities fees and other City fees related to impacts of providing capacity;
(3) A provision that the owners of the property or their successors in interest shall pay sewer
service charges;
( 4) A provision that the owners of the property or their successors shall comply the
requirements of the Chapters 13.08 through 13.52 of this code, the Uniform Building
Code, the California Plumbing Code and other applicable regulations adopted by the
City, applicable City Standards and the plans and specification for the construction
approved by the City Engineer. Absence of this provision in the service agreement does
not relieve owners of property served by the City from complying with Chapters 13.08
through 13.52 of this code; and
(5) Provisions for the default and termination of the agreement.
13.16.030 Connection to force main interceptor.
No connections to the force main interceptor shall be permitted except in accordance with the
provisions of the 197 5 Subregional System Agreement for Use of Santa Rosa Subregional
Sewerage System between the City of Santa Rosa and the cities of Cotati, Rohnert Park,
Sebastopol and the South Park County Sanitation District, as amended.
13.16.040 Connection of surface or subsurface drains.
No person shall make connection of roof downspouts, area drains, foundation drains, or other
surface or subsurface runoff or groundwater to a City sewer, building sewer, sewer lateral or any
line that is directly or indirectly connected to a City sewer.
13.16.050 Discharge to City sewer and laterals.
No person may discharge to the City sewer through any cleanout or manhole without the express
written permission of the City Engineer. Requests must be made in writing and are subject to the
sole discretion of the City Engineer whose determination shall be final.
13.16.060 Compliance with laws and regulations.
It is unlawful to discharge any sewage, industrial waste or other polluted waters into any storm
drain. Discharge of waste from any premises within the City onto land or to any natural outlet
may be permitted only if the discharge complies with all requirements of the Regional Water
Quality Control Board and all other local, state and federal laws and regulations.
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13.16.070 Nonlimitation of additional requirements.
Nothing contained in Chapters 13.08 through 13.52 of this code shall be construed to limit any
additional requirements that may be imposed by the County Health Officer, the Regional Water
Quality Control Board, the state, the federal government, or any other governmental agencies
having jurisdiction.
13.16.090 Conflict with state law.
Whenever the requirements of this sewer use ordinance conflict with the California Plumbing
Code, the requirements of the California Plumbing Code shall govern unless such requirements
have been modified in the manner required by law and findings for such modifications have been
filed with the California Building Standards Commission."
SECTION 4. Chapter 13.26, Sewer Laterals, of the Rohnert Park Municipal Code is repealed
and replaced with the following:
Sections:
13.26.010
13.26.020
13.26.025
13.26.030
13.26.040
13.26.045
13.26.060
13.26.070
13.26.080
13.26.090
13.26.010
"Chapter 13.26
SEWER LATERALS AND PRIVATE SEWERS
Conformity to Design Standards.
Construction or Alteration-Permit Required.
Discovery and Repair of Illegal Connections
Responsibilities for Sewer Laterals.
Requirements for Building Sewer Repair and Replacement.
Maintenance, Inspection and Repair of Sewer Laterals
Building Sewer Certification.
Fees and Property Owner Assistance Program.
New Connections to the City Sewer System.
Private Sewers
Conformity to Design Standards.
All design and construction of sewer laterals, including the portion of the sewer lateral located on
private property, shall conform to the requirements of Chapters 13.08 through 13.52 of this code,
the California Plumbing Code and other applicable regulations adopted by the City, applicable
City Standards and the plans and specifications for the construction approved by the City
Engineer. Every sewer lateral shall meet the following minimum requirements:
(A) It shall not be connected to roof downspouts, area drains, foundation drains or other
sources of surface water or groundwater runoff;
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(B) Its joints shall be tight and all pipes shall be free from structural defects, cracks, breaks,
openings, and missing portions to prevent ex-filtration of sewage or infiltration by
groundwater or storm water;
(C) Its grade shall be uniform without sags or offsets;
(D) It shall have a two-way cleanout located at or near the property line or at or near the sewer
main easement, which shall be securely capped at all times.
13.26.020 Construction or Alteration-Permit Required.
Construction, alteration, replacement or repair of any sewer lateral or appurtenances shall be
made by an appropriately licensed contractor or by the legal owner of the property to the extent
allowed by state law. All applicable permits, including those required by this chapter, chapter
12.04, "Encroachments" and chapter 15.04, "General Provisions and Penalties" of this code shall
be obtained before commencing any such work.
13.26.025 Discovery and Repair of Illegal Connections
No person shall make connection of roof downspouts, areaway drains, foundation drains, or
other sources of surface water runoff or groundwater to a sewer service lateral that is connected
to, either directly or indirectly, a public sanitary sewer.
(A) As part of its periodic construction and maintenance of sewer mains or laterals, the City
may discover illegal connections of roof downspouts, areaway drains, foundation drains or
other sources of surface water runoff or groundwater. The City may order the property
owner to remove the illegal connection and inspect, repair or replace any lateral or portion
of the lateral that has been affected by the illegal connection.
(B) In the absence of a specific deadline established by the City Engineer, all repair or removal
work to eliminate the illegal connection shall be completed within 30 days of notification
by the City that an illegal connection has been discovered. Notification pursuant to this
section shall be in writing and either personally delivered or sent to the property owner via
certified mail, return receipt requested.
(C) If it becomes necessary to repair or replace any portion of the sewer lateral during the
process of eliminating the illegal connection, such repair or replacement must be done in
accordance with Section 13.26.045.
(D) The City may impose civil administrative penalties against a property owner who fails to
perform any act required in this section.
13.26.030 Responsibilities for Sewer Laterals.
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(A) The user shall be responsible for maintaining a clear, unobstructed sewer service lateral
from the user's premises to the City sewer. The owner of any premises is responsible for
the maintenance of the sewer service lateral, including both the building sewer and the
street lateral. The owner shall perform all necessary maintenance to keep the sewer service
lateral free from roots, grease deposits, and other solids that may impede the flow or
obstruct the transmission of sewage.
(B) The owner of any premises is also responsible for the condition, maintenance, operation
and repair of the building sewer. The owner shall perform all necessary repairs, including
replacement, of the building sewer to keep it in good condition and free from structural
defects, cracks, breaks, openings, and missing portions.
13.26.040 Requirements for Building Sewer Repair and Replacement.
(A) Repair. It shall be the responsibility of the owner of the premises to repair and/or replace
any building sewer which has been found to exhibit conditions that would permit
infiltration or inflow to enter the sewer system. All repair and replacement work shall
conform to the applicable City Standards, including testing standards.
(B) Notice of Required Correction. Should the City Engineer determine that a building sewer
does not meet the standards of this code, the City Engineer shall give a minimum of thirty
days written notice to owner of the premises to correct said violation. The City Engineer
may allow for a reasonable correction schedule. The notice shall also provide that the City
will affect the required repairs if not completed by the owner of the premises within the
required timeframe and that the City shall be entitled to recover its costs for such repairs.
13.26.045 Maintenance, Inspection and Repair of Sewer Laterals
(A) Property owners shall inspect, and if found defective, repair or replace the building sewer
or clean the sewer service lateral as follows:
(1) Whenever the City finds that a sewage overflow emanating from a sewer service lateral
has reached public property, including but not limited to a City street or the City storm
drain system, or had flowed onto private property owned by another property owner;
(2) Whenever the City finds that a sewage overflow emanating from a sewer service lateral
presents a threat to public health, even if it has not flowed across a property line; and
(3) Upon determination of the City Engineer that repair, cleaning or testing is required to
abate a nuisance or for the protection of the public health, safety and welfare.
(B) Property owners shall inspect, and if found defective, repair or replace the sewer service
lateral as follows:
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(1) On application to build a new structure on property with an existing lateral. The
inspection and any required repairs or replacement shall be completed and accepted by
the City prior to receiving a Certificate of Occupancy or a Temporary Certificate of
Occupancy;
(2) On application proposing to connect a previously unconnected structure to an existing
lateral. The inspection and any required repairs or replacement shall be completed and
accepted by the City prior to approval of the building permit and final connection to the
sewer system;
(3) On application for a change of use on the premises served from residential to
commercial, or from non-restaurant commercial to restaurant commercial. The
inspection and any required repairs or replacement shall be completed and accepted by
the City prior to approval of the building permit; or
( 4) On application for a change of use on the premises served from any other land use to
common interest development. The inspection and any required repairs or replacement
shall be completed and accepted by the City prior to approval of the Final Map or Parcel
Map.
(C) Performance and Inspection of Testing. All building sewer and sewer service lateral
inspections and testing shall be performed by a state licensed contractor to the satisfaction
of the City Engineer in accordance with applicable City Standards. Results of all
inspections and testing shall be filed with the City Engineer.
(D) The lateral shall be considered defective if it fails to meet the conditions set forth in the
City Standards or has any of the following conditions: displaced joints, root intrusion,
substantial deterioration of the lines, damaged clean-out, defective clean-out, improper pipe
grade, inflow, infiltration of extraneous water, or other conditions such as grease or other
build-up likely to increase the chance for a lateral blockage, or if, within a period of one
year, a lateral suffers two or more blockages resulting in overflows.
(E) As part of its periodic construction and maintenance of sewer mains, the City may discover
defective building sewers. The City may order the property owner to conduct an
inspection, repair or replacement of any building sewer that the City knows or reasonably
suspects to be defective in accordance with the provisions of this chapter.
(F) Whenever defective building sewers are found, the property owner, at the sole expense of
the property owner, shall repair or replace the lateral. The following requirements shall be
met:
(1) A replaced or repaired building sewer shall not be covered or backfilled until it has been
inspected by the City.
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(2) All new and repaired building sewers must be televised and pass an air or water pressure
test as specified by the City Engineer.
(3) All repaired or replaced building sewer shall be brought into compliance with current
City Standards and with the California Plumbing Code, including cleanouts, overflow
relief and backwater valves as needed.
(G) In the absence of a specific deadline established by the City Engineer, all repair or
replacement work shall be completed within 30 days of notification by the City after
review of inspection materials show that such repair or replacement is required.
(H) Roots, grease, dirt, rock, groundwater or other material that has accumulated in any part of
the sewer service lateral shall be prevented from entering the sewer main during any
maintenance or repair of the lateral. In the event that material is permitted to enter the
sewer main causing or contributing to the cause of a sewage spill, the property owner
and/or contractor performing such maintenance work, in addition to any criminal penalties
imposed, shall be subject to civil and administrative fines and penalties and shall be
required to reimburse City for any expenses incurred as a result of the spill.
(I) The City shall have the authority to recover from a property owner the City's expenses
incurred in responding to sewer overflows on private property. In addition to any actual
expenses incurred by the City resulting from an overflow, the City may impose civil and/or
administrative fines and penalties against a property owner who fails to perform any act
required in this chapter, which failure results in an overflow reaching public or private
property other than the property owner's property.
(J) The City Engineer shall have the authority to establish, waive, suspend or otherwise
modify any civil administrative penalty imposed by this Section that exceeds the direct
costs to the City upon a showing by the property owner of severe financial hardship or
upon a showing that the property owner has satisfactorily repaired the lateral to a degree
sufficient to ensure avoidance of further violations. Any claim of severe financial hardship
must be accompanied by a sworn affidavit and must demonstrate the person's actual
inability to pay the civil and/or administrative fines and penalties imposed by the City.
13.26.060 Building Sewer Certification.
(A) Issuance. A certificate of building sewer compliance shall be issued by the City Engineer
upon the occurrence of either of the following:
(1) The City Engineer has approved the results of inspection and testing and the owner of the
premises has paid the appropriate fee; or
(2) The owner of the premises has presented evidence satisfactory to the City Engineer that
the building sewer was repaired or replaced within the last five years and the owner of the
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premises has paid the appropriate fee.
(B) Validity. A certificate of building sewer compliance shall be valid for fifteen years and
shall be valid only for the lateral at the address specified in the certificate. The City
building department shall maintain records of all certificates of building sewer compliance
issued.
13.26.070 Fees and Property Owner Assistance Program.
(A) The City Council may, by resolution, prescribe a program by which the City shall offer to
perform all or a portion of building sewer repair work or contribute towards the cost of the
work.
(B) Fees. When any work, testing or inspection in this chapter does not specifically require an
application for permit with a City, county or state agency, the City Council may, by
resolution, approve a fee schedule to provide for administration of the inspection program.
13.26.080 New Connections to the City Sewer System.
All connections made to the City sewer after the effective date of this ordinance shall provide, at
the owners' cost, a fully functioning sewer service lateral in compliance with the requirements of
Chapters 13.08 through 13.52 of this code, the Uniform Building Code, California Plumbing
Code and other applicable regulations adopted by the City, applicable City Standards and the
plans and specifications for the connection approved by the City Engineer.
13.26.090 Private Sewers
(A) Property owners shall inspect and, if found defective, provide a plan for repair or
maintenance of any private sewer as follows:
(1) On application to build a new structure on property which will connect to the private
sewer with an existing lateral, or when otherwise proposing to connect a previously
unconnected structure to an existing private sewer. Inspection shall consist of a
television inspection of the private sewer in accordance with City Standards and
conducting a smoke test. Inspection of the private sewer shall be from the point of
connection or proposed connection downstream to the connection to the public sewer.
The testing and any required repairs shall be made prior to receiving a certificate of
occupancy or temporary certificate of occupancy.
(2) On application to connect a previously unconnected structure to an existing private
sewer. Inspection shall consist of a television inspection of the private sewer in
accordance with City Standards and conducting a smoke test. Inspection of the private
sewer shall be from the point of connection or proposed connection downstream to the
connection to the public sewer. The inspection and any required repairs or replacement
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shall be completed and accepted by the City prior to approval of the building permit and
final connection to the sewer system.
(3) On application for a change of use on the premises served from residential to
commercial, or from non-restaurant commercial to restaurant commercial. Inspection
shall consist of a television inspection of the private sewer in accordance with City
Standards and conducting a smoke test. Inspection of the private sewer shall be from the
point of connection or proposed connection downstream to the connection to the public
sewer. The inspection and any required repairs or replacement shall be completed and
accepted by the City prior to approval of the building permit.
( 4) On application for a change of use on the premises served from any other land use to
common interest development. Inspection shall consist of a television inspection of the
private sewer in accordance with City Standards and conducting a smoke test. The entire
length of the private sewer shall be inspected and tested. The inspection and any required
repairs or replacement shall be completed and accepted by the City prior to approval of
the Final Map or Parcel Map.
(5) Whenever the City finds that a sewage overflow emanating from a private sewer has
reached public property, including but not limited to a City street or the City storm drain
system, or had flowed onto private property owned by another property owner. Inspection
shall consist of a television inspection of the private sewer in accordance with City
Standards and conducting a smoke test. The entire length of the private sewer shall be
inspected and tested.
(6) Whenever the City finds that a sewage overflow emanating from a private sewer presents
a threat to public health, even if it has not flowed across a property line. Inspection shall
consist of a television inspection of the private sewer in accordance with City Standards
and conducting a smoke test. The entire length of the private sewer shall be inspected
and tested.
(7) Upon determination of the City Engineer that repair, cleaning or testing is required to
abate a nuisance or for the protection of the public health, safety and welfare. Inspection
shall consist of a television inspection of the private sewer in accordance with City
Standards and conducting a smoke test. The entire length of the private sewer shall be
inspected and tested.
(B) Performance and Inspection of Testing. All private sewer inspections and testing shall be
performed by a state licensed contractor to the satisfaction of the City Engineer in
accordance with applicable City Standards. Results of all inspections and tests shall be filed
with the City Engineer.
(C) Failure. No private sewer shall be allowed to remain connected to the City sewer for more
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than 90 days after failing to pass an inspection or test as specified in this Section unless a
written request for extension has been filed with and approved in writing by the City
Engineer.
(D) The private sewer shall be considered defective if it fails to meet the conditions set forth in
the City Standards or has any of the following conditions: displaced joints, root intrusion,
substantial deterioration of the lines, improper pipe grade leading to clogging of the line,
inflow, infiltration of extraneous water.
(E) As part of its periodic construction and maintenance of sewer mains, the City may discover
defective private sewers. The City may order the property owner to conduct an inspection,
repair or replacement of any private sewer that the City knows or reasonably suspects to be
defective in accordance with the provisions of this Section.
(F) Whenever defective private sewers are found, the property owner, at the sole expense of
the property owner, shall create a plan and schedule for repair or replacement of the private
sewer. The plan shall be approved by the City Engineer. The following requirements shall
be met:
(1) A replaced or repaired building sewer shall not be covered or backfilled until it has been
inspected by the City.
(2) All new and repaired building sewers must be televised and pass an air or water pressure
test as specified by the City Engineer.
(3) All repaired or replaced private sewers shall be brought into compliance with current City
Standards and per the plan submitted by the owner and approved by the City Engineer.
(G) In the absence of a specific deadline established by the City Engineer, all repair or
replacement work shall be completed within 90 days of notification by the City after
review of inspection materials show that such repair or replacement is required.
(H) Roots, grease, dirt, rock, groundwater or other material which has accumulated in a private
sewer shall be prevented from entering the City sewer during any maintenance or repair of
the private sewer. In the event that material is permitted to enter the main causing or
contributing to the cause of a sewage spill, the property owner and/or contractor
performing such maintenance work, in addition to any criminal penalties imposed, shall be
subject to civil and administrative fines and penalties and shall be required to reimburse
City for any expenses incurred as a result of the spill.
(I) The City shall have the authority to recover from a property owner the City's expenses
incurred in responding to sewer overflows on private property. In addition to any actual
expenses incurred by the City resulting from an overflow, the City may impose civil
administrative penalties against a property owner who fails to perform any act required in
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this Section, which failure results in an overflow reaching public or private or property
other than the property owner's property.
(J) The City Engineer shall have the authority to establish, waive, suspend or otherwise
modify any civil administrative penalty imposed by this Section that exceeds the direct
costs to the City upon a showing by the property owner of severe financial hardship, or
upon a showing that the property owner has satisfactorily repaired the lateral to a degree
sufficient to ensure avoidance of further violations. Any claim of severe financial hardship
must be accompanied by a sworn affidavit and must demonstrate the person's actual
inability to pay the civil and/or administrative fines and penalties imposed by the City."
SECTION 5. Chapter 13.28, Sewer Users, of the Rohnert Park Municipal Code is repealed and
replaced with the following:
"Chapter 13.28
SEWER USERS
Sections:
13.28.010 User Classifications.
13.28.010 User Classifications.
The City Engineer will classify all users in accordance with the principal activity conducted on
the premises where the discharge occurs. The purpose of the classification is to facilitate
regulation of discharges to the Subregional system on the basis of each user's waste quality,
quantity, flow, and City involvement; to provide an effective means of source control of toxic
substances; and to provide a basis for sewer use charges to insure an equitable recovery of capital
and operating costs. User permit classifications are as follows:
(A) Nonresidential User. Users that discharge non-domestic wastewater to the sanitary sewer
system and do not meet the criteria of SIU.
(B) Zero Discharger. Users who do not discharge to the sanitary sewer system, except
domestic wastewater, do not have pollutants resulting from any commercial or industrial
process, have no floor drains, and do not generate wastewater.
(C) Significant Industrial User as defined in section 13.12.020.
(D) Ongoing Groundwater Discharger. Users that discharge wastewater generated from
groundwater remediation projects in excess of six months.
(E) One- Time Discharger . Users that discharge wastewater generated as a result of purging
monitoring wells, dewatering underground storage tanks, groundwater sampling, or for a
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variety of other reasons for projects that will not exceed six months.
(F) Waste Hauler. Haulers that service domestic waste systems. Such systems include septic
tanks, cesspools, chemical toilets, trailers, or campers."
SECTION 6. Chapter 13.32, Sewer Use Permits, of the Rohnert Park Municipal Code is
repealed and replaced with the following:
"Chapter 13.32
SEWER USE PERMITS*
Sections:
13.32.010
13.32.020
13.32.030
13.32.040
13.32.050
13.32.060
13.32.070
Wastewater Discharge Permit Classification.
Sewer Use Permit-Required-Exceptions.
Sewer Use Permit-Application.
Sewer Use Permits-Conditions.
Sewer Use Permits-Terms.
Sewer Use Permits-Temporary Suspension or Restrictions.
Sewer Use Permits-Revocation.
* Prior ordinance history: Ords. 267 and 416.
13.32.010 Wastewater Discharge Permit Classification.
The City Engineer shall classify all users in accordance with the principal activity conducted on
the premises where the discharge occurs. The purposes of the classification are to facilitate
regulation of discharges to the Subregional system on the basis of each user's waste quality,
quantity, flow, and City involvement; to provide an effective means of source control of toxic
substances; and to provide a basis for sewer use charges to insure an equitable recovery of capital
and operating costs. User permit classifications are as follows:
(A) Nonresidential User. Users that discharge non-domestic wastewater to the sanitary sewer
system and do not meet the criteria of SIU.
(B) Zero Discharger. Users who do not discharge to the sanitary sewer system, except
domestic wastewater, do not have pollutants resulting from any commercial or industrial
process, have no floor drains, and do not generate wastewater.
(C) Significant Industrial User.
(D) Ongoing Groundwater Discharger. Users that discharge wastewater generated from
groundwater remediation projects in excess of six months.
(E) One Time Discharger. Users that discharge wastewater generated as a result of purging
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monitoring wells, dewatering underground storage tanks, groundwater sampling, or for a
variety of other reasons for projects that will not exceed six months.
(F) Waste Hauler. Haulers that service domestic waste systems. Such systems include septic
tanks, cesspools, chemical toilets, trailers, or campers.
13.32.020 Sewer Use Permit-Required
(A) All user applicants, other than residential users, who intend to connect their premises to the
City sewer, must obtain a sewer use permit.
(B) All users who convey waste by tank truck or other vehicle to a point of direct entry into the
City sewerage system must obtain a sewer use permit.
13.32.030 Sewer Use Permit-Application.
(A) Application Form. Persons applying for a sewer use permit shall complete and file with the
City Engineer an application form obtained from the City, together with the applicable
fees. The application shall include the following information:
(1) A description of activity, facilities and plant process on the premises, including raw
materials processes and types of materials which are or could be discharged;
(2) Total product produced by type;
(3) Number and type of employees;
( 4) Estimated waste water strength;
( 5) Estimated waste water flow;
( 6) Average and peak waste water discharge flow for each service sewer;
(7) Locations of sewer laterals, sampling points, and pretreatment facilities;
(8) Water supply information;
(9) Source, volume and chemical characteristics of the contents of each tank; and
(10) Any other information the City Engineer shall deem necessary to evaluate the permit
application.
(B) Additional Information. The City Engineer will evaluate the data furnished by the
applicant and may require additional information. After evaluation and approval of the
data furnished, the City Engineer will determine the class of the user and may issue a
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nonresidential or industrial sewer user permit subject to conditions and terms as provided
herein.
13.32.040 Sewer Use Permits-Conditions.
(A) Nonresidential and Industrial Sewer Use Permits. Sewer use permits may contain
prohibitions on discharge of certain toxic substances as identified by federal or state law
and of hazardous substances and may contain other conditions as deemed appropriate by
the City Engineer to insure compliance with Chapters 13.08 through 13.52 of this code.
(B) Industrial Sewer Use Permits. Industrial sewer use permits may impose any or all of the
following additional conditions, or any other conditions deemed necessary by the City
Engineer:
(1) Separation of industrial waste water from sanitary sewage prior to discharge to the City
sewer;
(2) Pretreatment of industrial wastes;
(3) Limits on flow rate, time of discharge, strength of specific constituents or characteristics,
or requirements for flow and constituent regulation or equalization;
( 4) Requirements for inspection, flow measurement, and sampling facilities including access
to such facilities by the City Engineer;
(5) Monitoring program which may include: Sampling locations, frequency and method of
sampling; number, types, and standard for tests; and the establishment of a reporting
schedule. Monitoring shall be provided by the user at his expense, using a state certified
laboratory. The user's laboratory, where available, may be used if approved by the City
Engineer;
(6) Submission of technical reports or discharge reports;
(7) Maintenance of plant records relating to waste water discharge, as specified by the City
Engineer, and affording the City Engineer access thereto; or
(8) Valid waste water discharge permit from City of Santa Rosa subregional system's
industrial waste division.
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13.32.050 Sewer Use Permits-Terms.
(A) Validity. A sewer use permit shall be valid for five years from the date of its issuance
unless one of the following occurs:
(1) Change in User. A sewer use permit shall not be assigned or transferred.
(2) Change in Use. Whenever the use of the premises by the user or the character of the
discharge changes materially from that stated in the permit application, or when deemed
necessary by City Engineer, the user shall file an application for a new permit within
sixty days.
(B) Change of Permit Conditions. After providing written notice to the discharger, the City
may change the conditions of a sewer use permit, including changing the limits or
constituents of waste water strength from time to time as circumstances may require. The
City shall allow the discharger a reasonable amount of time to comply with any changes.
(C) Tank Truck Discharges. A separate sewer use permit may be required for each load of
wastes conveyed to discharge point by tank truck.
13.32.060 Sewer use permits-Temporary Suspension or Restrictions.
(A) Temporary Suspension. A wastewater discharge permit may be temporarily suspended by
the City Engineer at any time if, in his or her opinion, the continued discharge of the waste
or water into the sewer system would, when combined with other discharges into the sewer
system, exceed the City's allocated capacity service in the Subregional system,
substantially jeopardize the ability of the treatment system to meet water quality
requirements or would cause an unsafe condition to occur. In lieu of temporary suspension
of permits, the City Engineer may impose such temporary restrictions, conditions, or
limitations upon the quantities, qualities, and rates of discharge made thereunder as deemed
necessary to assure that said receiving water quality requirements will not be violated by
the discharge to the POTW, or to alleviate the unsafe condition. In addition, the City
Engineer may suspend a wastewater discharge permit at any time if he/she deems said
suspension necessary to halt or prevent a discharge that has the potential to endanger
human lives and/or injure the environment.
(B) Notice of Suspension. Notice of the temporary suspension or the imposition of temporary
restrictions, conditions, or limitations shall be given in writing by the City Engineer to the
user at least 24 hours before the effective date of any such suspension, restriction,
condition, or limitation. Delivery of said notice to the user's place of business within the
City shall constitute delivery of notice to user. In circumstances where the City Engineer
deems it necessary to suspend a wastewater discharge permit in order to prevent potential
danger to human life and/or injury to the environment, or in any circumstance that would
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cause a violation of the treatment plant's NPDES permit, the City Engineer shall deliver
such notice within 48 hours of such suspension if the City Engineer is unable to provide the
notice before the suspension.
(C) Compliance. Unless directed otherwise on the notice of suspension, the permittee shall
cease discharging into the City sewer or conform to the temporary restrictions, conditions
or limitations on the effective date of said notice.
13.32.070 Sewer Use Permits-Revocation.
(A) Grounds for Revocation. The City Engineer may revoke a sewer use permit for any of the
following reasons:
(1) Failure of the permittee to comply with the conditions of the permit; or
(2) Failure of the permittee to pay when due any charges imposed as a condition of a permit.
Notice. No permit shall be revoked by the City Engineer until the City Engineer has notified the
permittee in writing of the intent to do so and has afforded the permittee the opportunity to
appear before him within a reasonable period of time to show cause why the permit should not
be revoked; provided, however, a permit may be summarily revoked after informal notice by the
City Engineer if the continuing discharge reasonably appears to present an imminent
endangerment to the health, safety, or welfare of persons.
(B) Compliance. Unless directed otherwise on the notice of revocation, the permittee shall
cease discharging into the City sewer on the effective date of revocation."
SECTION 7. Chapter 13.36, Sewers - Regulation of Waste Discharges, of the Rohnert Park
Municipal Code is repealed and replaced with the following:
Sections:
13.36.010
13.36.020
13.36.041
13.36.050
13.36.052
13.36.053
13.36.054
13.36.056
13.36.058
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"Chapter 13.36
SEWERS-REGULATION OF WASTE DISCHARGES
Permissible Discharges.
Prohibited Discharge Standards.
Reporting Requirements and Notification of Discharge.
Regulated Discharge Characteristics.
National Categorical Pretreatment Standards.
State and Federal Pretreatment Standards.
Local Limits.
City's Right of Revision.
Dilution.
33
13.36.059
13.36.060
13.36.070
13.36.090
13.36.100
13.36.110
13.36.115
13.36.120
13.36.010
Vandalism/Tampering.
Seasonal flow.
Unusual Conditions.
Slug Control Plan.
Separation of Domestic and Process Wastestream.
Hauled Wastewater.
Clean-up and Remediation Projects.
Disposal of Pretreatment Sludges.
Permissible Discharges.
Waste water may be discharged into City sewers for collection, treatment, and disposal by the
City, provided that (i) such waste water does not contain substances prohibited or exceed
limitations of waste water volume or strength set forth in this sewer use ordinance, other laws
and regulations, and if applicable, in a sewer use permit, and (ii) the user has paid all applicable
City charges and is otherwise in compliance with the provisions of this sewer use ordinance.
13.36.020 Prohibited Discharge Standards.
(A) General Prohibitions. No user shall introduce or cause to be introduced into the POTW any
pollutant or wastewater which causes pass-through, interference, or is listed in the Specific
Prohibitions in sub-section B below. These general prohibitions apply to all users
discharging to the POTW whether or not they are subject to categorical pretreatment
standards or any other federal, state, or local pretreatment standards or requirements.
(B) Specific Prohibitions. No person shall introduce or cause to be introduced into the POTW
the following pollutants, substances, or wastewater:
(1) Pollutants which create fire or explosive hazard in the POTW, including but not limited
to wastestreams with closed cup flashpoint of less than 1400 F (600 C) using test
methods specified in 40 CFR Part 261.21 or at any point in the POTW, of more than
1 0% of the Lower Explosive Limit on a combustible gas meter;
(2) Wastewater having a pH less than 5.0 or more than 12.0, or any substance causing
corrosive structural damage to the POTW, or equipment as standardized in Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods SW-846, current
edition;
(3) Solid or viscous pollutants in amounts or concentrations which will cause or threaten to
cause obstruction of the flow in the POTW resulting in interference, but in no case
solids greater than 1/4" or 0.635 cm in any dimension. The installation and use of
garbage grinders (disposals) in commercial food establishments is prohibited, except in
the case where a 1 ,000 gallon minimum interceptor is in use; [40 CFR Part
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403.5(b )(3)];
(4) Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge
at a flow rate and/or pollutant concentration which will cause interference with the
POTW; [40 CFR Part 403.5(b)(4)];
( 5) Wastewater having a temperature which will inhibit biological activity in the POTW
resulting in interference, but in no case wastewater which causes the temperature at the
POTW to exceed 1040 F (400 C); ); [40 CFR Part 403.5(b)(5)];
(6) Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in
amounts that will cause interference or pass-through;
(7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the
POTW in a quantity that may cause acute worker health and safety problems; [40 CFR
Part 403.5(b )(7)];
(8) Trucked or hauled pollutants, except at discharge points designated by the POTW; [40
CFR Part 403.5(b )(8)];
(9) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by
interaction with other pollutants, to injure or interfere with any wastewater treatment
process, constitute a hazard to humans or animals, create a toxic effect in the receiving
waters of the POTW, or exceed the limitation set forth in a categorical pretreatment
standard. Toxic pollutants shall include but not be limited to any pollutant identified
pursuant to Section 307(a) of the Act;
(10) Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly
or by interaction with other wastes, are sufficient to create a public nuisance or a hazard
to life or are sufficient to prevent entry into the sewers for maintenance or repair;
(11 ) Any malodorous substance such as hydrogen sulfide or any other substance which will
cause offensive odors in the sewer system or at the treatment plant;
(12) Any substance which may cause the POTW's effluent or any other product of the
POTW, such as residues, sludges or scums, to be unsuitable for reclamation and reuse
or to interfere with the reclamation process. In no case shall a substance discharged to
the POTW cause the POTW to be in noncompliance with sludge use or disposal
criteria, guidelines or regulations developed under Section 405 of the Act, any criteria,
guidelines or regulations affecting sludge use or disposal developed pursuant to the
Solid Waste Disposal Act, the Clean Air Act or the Toxic Substances Control Act, or
State criteria applicable to the sludge management method being used;
(13) Any substance which will cause the POTW to violate the NPDES permit or Waste
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Discharge Requirements issued by the State;
(14) Any wastewater containing substances that may precipitate, solidify, or become viscous
at temperatures capable of either causing obstruction to the flow in the sewers or
interfering with the proper sewer system operation and maintenance;
(15) Any portions of the human anatomy;
(16) Wastewater which imparts color which cannot be removed by the treatment process,
such as, but not limited to, dye wastes and vegetable tanning solutions, which
consequently imparts color to the POTW's effluent;
(1 7) Wastewater containing any radioactive waste or isotopes except in compliance with
applicable state or federal regulations;
(18) Unpolluted wastewater including but not limited to storm water, surface water,
groundwater, roofrunoff, subsurface drainage, pool water, spa water, pond water,
condensate, deionized water, non-contact cooling water or other, unless specifically
authorized by the City Engineer;
(19) Sludges, screenings, or other residues from the pretreatment of industrial wastewater;
(20) Any infectious waste that is deemed a threat to the public health and safety, or will
result in any violation of applicable waste discharge requirements shall be rendered
noninfectious prior to discharge;
(21 ) Wastewater causing the POTW effluent to fail a toxicity test;
(22) Pollutants which create conditions which violate any statute, rule, regulation, or
ordinance of any public agency relating to releases of hazardous wastes, hazardous
substances, or other pollutants to the environment when such release is to a publicly
owned sanitary sewer;
(23) Any substance which is not amenable to treatment by the processes employed at the
POTW;
(24) Any substance which will cause damage to City facilities;
(25) Any slug loading;
(26) Detergents, surface-active agents, or other substances which may cause excessive
foaming in the POTW;
(27) Any of the following prohibited substances as tested according to approved 40 CFR
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136 methods:
(a) Aldrin;
(b) Benzidine and its salt;
(c) BHC-Alpha;
(d) BHC-Beta;
(e) BHC-Gamma (Lindane);
(f) Chrysene;
(g) DDD, DDE, and DDT;
(h) Dieldrin;
(i) Endrin;
(j) Endosulfan II (B Endosulfan);
(k) Heptachlor;
(I) Heptachlor Epoxide;
(m) Phenanthrene;
(n) Polychlorinated Biphenyl Compounds (PCBs);
(0) Tetrachloroethene (Perchloroethylene, Perc);
(p) Toxaphene;
(28) Any septic tank waste, holding tank waste, or portable toilet waste unless a permit is
issued by the City and unless such sludge or waste is transported to the POTW by a
permitted waste hauler in accordance with the regulations set forth within this sewer
use ordinance;
(29) Wastewater causing two successive readings on an explosion hazard meter at the point
of discharge into the POTW, or at any point in the POTW, of more than 5%, or any
single reading over 1 0% of the Lower Explosive Limit of the meter; or
(30) Any ashes, cinders, sand, mud, straw, leaves, grass cuttings, metal, glass, ceramics,
rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous
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substance capable of either causing obstruction to the flow in sewers or interfering with
the proper sewerage system operation and/or maintenance.
(C) Compliance by existing sources with the National Categorical Pretreatment Standards shall
be within three years of the date the standard is promulgated unless a shorter compliance
time is specified in the appropriate subpart of 40 CFR, Chapter 1, Subchapter N. Upon
promulgation, if the National Categorical Pretreatment Standards are more stringent than
limitations imposed under this chapter for a particular industrial subcategory, such
standards shall immediately supersede the limitations imposed under this chapter.
(D) Other Prohibitions.
(1) No user shall discharge any wastewater directly into a manhole or other opening in the
City sewage system other than through sewer laterals or other sewer connection
approved by the City Engineer, unless a permit has been obtained for such discharge. A
permit will only be issued for such direct discharge in the event the discharge is
otherwise in compliance with provisions of this sewer use ordinance and no other
alternative is reasonably available in the opinion of the City Engineer.
(2) Any discharge of sewage, industrial/commercial waste or other polluted waters into any
storm drain or natural outlet.
(3) Pollutants, substances, or wastewater prohibited by this sewer use ordinance shall not
be processed or stored in such a manner that they could be discharged to the POTW.
( 4 ) No person who owns, operates or maintains a restaurant shall at any time discharge any
wastewater to the storm drain, service dock areas, or pavement. Wastewater generated
by restaurants shall be disposed of through a sanitary sewer, and an approved grease
removal device, interceptor, or sample station connected to a sanitary sewer or hauled
off site and disposed at a legal disposal site.
(5) It shall be unlawful for any person to discharge the contents of a swimming pool or a
spa into the City sewer system except in the manner specified herein. The size of pipe
carrying discharge water shall not be larger than one inch and shall not be under a head
to exceed 20 feet. If the water is discharged by pumping, the rate of flow shall not
exceed 50 gallons per minute. Each swimming pool or spa discharging to a sanitary
sewer shall be equipped with an approved air gap to preclude any possibility of a
backflow of sewage into the swimming pool or spa piping system.
13.36.041 Reporting Requirements and Notification of Discharge.
(A) Those users that come within the Code of Federal Regulations definition of "Categorical
Industries" shall comply with the reporting requirements of 40 Code of Federal Regulations
403.12.
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(B) Notification of Discharge.
(1 ) Users shall notify the City immediately upon accidentally discharging wastes in violation
of this sewer use ordinance to enable countermeasures to be taken by the agency to
minimize damage to the community sewer, treatment facility, treatment processes and the
receiving waters.
(2) Notification shall be followed, within ten days of the date of occurrence, by a detailed
written statement describing the causes of the accidental discharge and the measures
being taken to prevent future occurrence.
(3) Notification will not relieve users of liability for any expense, loss or damage to the
sewer system, treatment plant, or treatment process or for any fines imposed on the City
on account thereof, under Section 13550 of the California Water Code or for violations of
Section 5650 of the California Fish and Game Code.
13.36.050 Regulated Discharge Characteristics.
(A) No person shall discharge or cause to be discharged, to a City sewer, any of the following
without first obtaining a sewer use permit that specifically permits such industrial waste
discharge characteristics:
(1) Discharge during a twenty-four hour period in excess of twenty five thousand gallons;
(2) Discharge of fats, oils, and/or greases of animal or vegetable origin in concentrations
greater than 250 mg/l.
(3) Discharges containing metal pickling or etching wastes or plating solutions, whether
neutralized or not.
13.36.052 National Categorical Pretreatment Standards.
(A) The categorical pretreatment standards found in 40 CFR Parts 405-471 are hereby
incorporated into this sewer use ordinance.
(B) Where a categorical pretreatment standard is expressed only in terms of either the mass or
the concentration of a pollutant in wastewater, the City Engineer may impose equivalent
mass or concentration limits in accordance with 40 CFR Part 403.6(c).
(C) When wastewater subject to a categorical pretreatment standard is mixed with wastewater
not regulated by the same standard, the City Engineer shall impose an alternate limit using
the combined wastestream formula or flow weighted average in 40 CFR Part 403.6.
(D) A user may obtain a variance from a categorical pretreatment standard if the user can
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prove, pursuant to the procedural and substantive provisions in 40 CFR Part 403.13 that
factors relating to its discharge are fundamentally different from the factors considered by
EP A when developing the categorical pretreatment standard.
(E) A user may obtain a net gross adjustment to a categorical standard in accordance with 40
CFR Part 403.15.
13.36.053 State and Federal Pretreatment Standards.
In the event that either state or federal requirement standards for discharge to the POTW are
more stringent than the limitations, requirements, and standards set forth in this sewer use
ordinance, the most stringent standards or requirements shall apply.
13.36.054 Local Limits.
(A) The following pollutant limits are established to protect against pass-through and
interference. No SIU or groundwater remediation shall discharge, or cause to discharge,
any wastewater containing in excess of the following daily maximum allowable discharge
limits.
(1) Antimony (T)* 153 mg/l
(2) Arsenic (T)* 0.47 mg/l
(3) Beryllium (T)* 0.5 mg/l
(4) Biochemical Oxygen
Demand (BOD) 20,400 mg/l
(5) Cadmium (T)* 0.04 mg/l
(6) Chromium VI 0.1 mg/l
(7) Chromium (T)* 1.71 mg/l
(8) Copper (T) * 0.2 mg/l
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(9) Cyanide (T)* 0.2 mg/l
(10) Lead (T) * 0.3 mg/l
(11 ) Mercury (T)* 0.0003 mg/l
(12) Nickel (T)* 1.51 mg/l
(13) Selenium (T)* 2.7 mg/l
(14) Thallium (T)* 3.9 mg/l
(15) Zinc (T)* 1.63 mg/l
(16) pH 5.5 - 11.9
(17) Silver 0.17 mg/l
(18) Total Toxic
Organics
(TTO)** 2.13 mg/l
(19) Total
Suspended
Solids (TSS) 9,800 mg/l
(20) TPH Gas and
Diesel 100 mg/l
(21) Total
Dissolved
Solids 5,200 mg/l
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(22) Total Kjeldahl
Nitrogen
(TKN) 2,600
mg/l
(23) BTEX*** 2.0
mg/l
* T ==Total; mg/l == milligrams per liter
** Federal Register List from 40 CFR 131 Subpart D - Total Toxic Organics less pesticides
and dioxins
*** Groundwater remediation and cleanup projects, BTEX==Benzene, Toluene, Ethylbenzene,
Xylene
(B) The above limits apply at the point where the wastewater is discharged to the POTW. The City
Engineer may impose mass limitations in addition to, or in place of, the
concentration-based limitations above.
(C) The City Engineer may allow the SIU to discharge in excess of local limits when, at the
discretion of the City Engineer, the SIU has implemented all applicable Best Management
Practices adopted by the City and the Subregional system.
13.36.056 City's Right of Revision.
The City reserves the right to establish, by ordinance, resolution, or in wastewater discharge
permits, more stringent standards or requirements on discharges to the City sewerage system.
13.36.058 Dilution.
No industrial user shall increase the use of process water or in any other way attempt to dilute a
discharge as a partial or complete substitute for adequate treatment to achieve compliance with a
discharge limitation unless expressly authorized by an applicable pretreatment standard or
requirement. The City Engineer may impose mass limitations on users who are using dilution to
meet applicable pretreatment standards or requirements or in other cases when, in the opinion of
the City Engineer, the imposition of mass limitation is appropriate.
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13.36.059 Vandalism/Tampering.
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or
tamper with any monitoring equipment so as to cause alteration of the sampling analysis or
readings or cause damage or destruction of equipment being utilized to determine compliance
with this sewer use ordinance.
13.36.060 Seasonal flow.
Seasonal flow dischargers shall be subject to wastewater treatment plant service capacity
allocation by the City Engineer. If overloading conditions occur or threaten to occur at the
treatment plant or if unused service capacity is insufficient to accommodate all seasonal flows,
the City Engineer may allocate available service capacity among all seasonal dischargers. In
allocating the flow or constituent load, the City Engineer shall take into account the discharger's
non-seasonal flow, wastewater conservation practice, economic and environmental impact,
historical data, and any other consideration advanced by the discharger which will help the City
Engineer make an equitable allocation.
13.36.070 Unusual Conditions.
Notwithstanding any provision of this sewer use ordinance to the contrary, the City Council and
any person may enter into an agreement where unusual conditions compel special terms and
conditions and charges for the interception, treatment and disposal of an industrial wastewater
necessary to meet the purposes of this sewer use ordinance. In no event, however, may the
National Categorical Pretreatment Standards referred to in Section 13.36.052 or any other federal
or state standard, be relaxed or waived.
13.36.090 Slug Control Plan.
(A) The City Engineer may require any SIU or other user to develop a slug control plan.
Before issuance of a wastewater discharge permit, the City Engineer shall determine
whether a user needs such a plan. Any user required to develop and implement slug
control plan shall submit, at a minimum, the following:
(1) Description of discharge practices, including non-routine batch discharges.
(2) Description of stored chemicals.
(3) Procedures for immediately notifying the City Engineer of any accidental or slug
discharge. Such notification must also be given for any discharge which would violate
any of the prohibited discharges.
(4) Procedures to prevent adverse impact from any accidental or slug discharge. Such
procedures include, but are not limited to, inspection and maintenance of storage areas,
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handling and transfer of materials, loading and unloading operations, control of plant site
run off, worker training, building of containment structures or equipment, measures for
containing toxic organic pollutants (including solvents), and/or measures and equipment
for emergency response.
(B) In the case of an accidental spill or slug discharge, refer to Section 13.48.230 of this
ordinance.
13.36.100 Separation of Domestic and Process Wastestream.
All domestic wastewater (i.e., restrooms, showers, drinking fountains) shall be separated from
process wastewater until the process wastewater has passed through a required pretreatment
system and/or the user's monitoring facility. When directed to do so by the City Engineer, users
shall separate existing domestic wastewater from process wastestream.
13.36.110 Hauled Wastewater.
(A) Septic tank waste may be introduced into the POTW only at locations designated by the
City Engineer, and at such times as are established by the City Engineer. Such waste shall
not violate any requirements established by the City. Septic tank waste haulers must obtain
wastewater discharge permits.
(B) Haulers/generators of industrial wastewater must obtain wastewater discharge permits.
The City Engineer may prohibit the disposal of hauled industrial wastewater. The
discharge of hauled industrial wastewater is subject to all other requirements of this sewer
use ordinance.
(C) Industrial wastewater haulers shall discharge loads only at locations designated by the City
Engineer. No load may be discharged without prior consent of the City Engineer. The
City Engineer may collect samples of each hauled load to ensure compliance with
applicable standards. The City Engineer may require the industrial wastewater
hauler/generator to provide a waste analysis of any load prior to discharge.
(D) Septic and/or industrial wastewater haulers shall provide a waste-tracking form for every
load. This form shall include, at a minimum, the name and address of the industrial
wastewater hauler, permit number, truck identification, names and addresses of sources of
waste, volume, and characteristics of waste. The form shall identify the type of industry,
known or suspected waste constituents.
(E) Hauled groundwater discharges shall be subject to the criteria set forth in this Section.
(F) Discharging trucked domestic septic tank wastes originating from outside the boundaries of
Rohnert Park is prohibited.
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13.36.115 Clean-up and Remediation Projects.
Waste generated from the cleanup of spills, leaking underground storage tanks, contaminated soil
or groundwater, monitoring wells, or other similar sources shall not be discharged through direct
or indirect connection to the City sewer system unless a temporary permit or a wastewater
discharge permit is issued by the City Engineer. The City Engineer may approve the discharge
of such wastewater and issue such a permit only when, in his or her judgment, no reasonable
alternative method of disposal is available and the City's facilities and the subregional POTW
will not be significantly affected.
If a temporary discharge permit is granted for the discharge of such wastewater, the user shall
pay such fees and charges and meet such special conditions and requirements as determined by
the City Engineer to protect the public health, safety, and welfare of the public and the integrity
of the City sewer and treatment system.
13.36.120 Disposal of Pretreatment Sludges.
Any sludge or other material removed from the industrial wastewater by the pretreatment facility
shall be disposed of in accordance with applicable federal, state and local laws.
SECTION 8. Chapter 13.48, Sewers - Administration, of the Rohnert Park Municipal Code is
repealed and replaced with the following:
Sections:
13.48.010
13.48.020
13.48.030
13.48.040
13.48.050
13.48.060
13.48.070
13.48.080
13.48.090
13.48.100
13.48.110
13.48.120
13.48.130
13.48.140
13.48.150
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"Chapter 13.48
SEWERS-ADMINISTRA TION
Responsibility of City Engineer and Users.
Wastewater Discharge Permit.
Authorization to Discharge.
Wastewater Discharge Permit/Existing Conditions.
Wastewater Discharge Permit/N ew Connections.
Wastewater Discharge Permit Application Contents.
Application Signatories and Certification.
Wastewater Discharge Permit Decisions.
Wastewater Discharge Permit Issuance Process.
Wastewater Discharge Permit Duration.
Wastewater Discharge Permit Contents.
Wastewater Discharge Permit Modification.
Wastewater Discharge Permit Transfer.
Wastewater Discharge Permit Appeals.
Wastewater Survey.
45
13.48.160 Sampling.
13.48.170
13.48.180
13.48.190
13.48.200
13.48.210
13.48.220
13.48.230
13.48.240
13.48.250
13.48.260
13.48.270
13.48.280
13.48.290
13.48.300
13.48.310
13.48.320
13.48.330
13.48.340
13.48.350
13.48.360
Contents of Reports on Sampling and Analysis.
Analytical Requirements.
Baseline Monitoring Reports.
Compliance Schedule Progress Reports.
Reports on Compliance with Categorical Pretreatment Standard Deadline.
Periodic Compliance Reports.
Reports of Potential Problems.
Reports from Un-Permitted Users.
Reports of Changed Conditions.
Reports as Directed by the City Engineer.
Monitoring Facilities.
Pretreatment Facilities.
Additional Pretreatment Measures.
Grease Removal Devices.
Amalgam Separators.
Right of Entry - Inspection and Sampling.
U nmetered waste flows.
Timing.
Record Keeping.
Confidential Information.
13.48.010 Responsibility of City Engineer and Users.
(A) Responsibility of City Engineer. The City Engineer is charged with responsibility for the
City's waste water control program and the administration and enforcement of the
provisions of Chapters 13.08 through 13.52. For the purpose of inspecting the facilities for
conformance with the provisions of Chapters 13.08 through 13.52, the City Engineer may,
at any time, enter upon the premises of any person discharging or applying for permission
to discharge nonresidential or industrial wastes into the City sewerage system. Such entry
may be announced or unannounced, scheduled or unscheduled and may occur without prior
notification to the user. The City Engineer may also request that a property owner provide
all written records of lateral inspection, maintenance, repair or replacement at the time of
inspection or within ten or more business days after receipt of the request. Any entry upon
private property shall be in accordance with Section 13.52.135 of this ordinance.
(B) Responsibility of Users. It shall be the responsibility of the applicant, user and/or
discharger to comply with all of the provisions of this sewer use ordinance. The omission
to act by the City shall not relieve the applicant, user or discharger of responsibility to
comply with the conditions of this sewer use ordinance, including, but not limited to, such
requirements regarding permitting, pretreatment, monitoring, and reporting. It shall be the
responsibility of the applicant, user or discharger to make determinations as to the nature of
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its operation and wastewater flow and to take such actions as may be required under this
sewer use ordinance prior to any discharge of wastewater, whether or not the applicant,
user or discharger has been informed by the City of the requirements which may apply to
the applicant, user or discharger regarding its discharge.
13.48.020 Wastewater Discharge Permit.
(A) No SIU or non-residential user shall discharge wastewater into the POTW without first
obtaining a wastewater discharge permit from the City Engineer, except when the SIU has
filed a timely application and its wastewater discharge permit is pending finalization and
the City Engineer has approved such discharge.
(B) The City Engineer may require other users to obtain a wastewater discharge permit as
necessary to carry out the purposes of this sewer use ordinance.
(C) Any violation of the terms and conditions of a wastewater discharge permit shall be
deemed a violation of this sewer use ordinance. Obtaining a wastewater discharge permit
does not relieve a user of its obligation to comply with all federal and state pretreatment
standards or requirements with any federal, state and local law.
13.48.030 Authorization to Discharge.
The wastewater discharge permit expressly authorizes a user to discharge wastewater to the City
Sewerage System and POTW and is issued for that purpose. If, for any reason, a wastewater
discharge permit is revoked, suspended, or otherwise held invalid, authorization to discharge is
terminated and the user shall cease all discharge.
13.48.040 Wastewater Discharge Permit/Existing Conditions.
Any unpermitted user required to obtain a wastewater discharge permit, who was discharging to
the POTW prior to the effective date of this sewer use ordinance, and who wishes to continue
such discharges in the future, shall, within 30 days after the effective date of this sewer use
ordinance, apply to the City Engineer for a wastewater discharge permit in accordance with this
sewer use ordinance. The user shall not cause or allow discharges to the POTW to continue after
30 days of the effective date of this sewer use ordinance except in accordance with a wastewater
discharge permit issued by the City Engineer. Permits issued by the City Engineer, pursuant to
prior pretreatment requirements, shall remain valid for their stated terms or until terminated or
amended pursuant to this sewer use ordinance.
13.48.050 Wastewater Discharge Permit/New Connections.
Any user who is required to obtain a wastewater discharge permit and who proposes to begin or
recommence discharging into the POTW shall obtain such permits prior to the beginning or
recommencing of such discharge. An application for this wastewater discharge permit shall be
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filed a minimum of 60 days prior to the date upon which any discharge will begin or
recommence. All new industrial users shall arrange for the City Engineer to conduct a walk-
through site inspection of the user's facilities during the 60 day period prior to connecting or
contributing waste or wastewater to the City's sewer system.
13.48.060 Wastewater Discharge Permit Application Contents.
When applying for a permit, the City Engineer may require all users to submit either
independently, or as part of an application, the following information:
(A) Identifying information: The name and address of the facility, including the name of the
operator and owner.
(B) General Facility Description. SIC numbers, hours of operation, principle business
activities, products produced and/or services provided at this facility, number and type of
employees, and proposed or actual hours of operation.
(C) Environmental Control Permits. A list of any environmental control permits held by or for
the facility including permitting agency, permit type, and identification number.
(D) Description of Operations. Facilities and plant operations/processes, wastewater
generating activities, type and amount of raw materials processed (average and maximum
per day) and disposal methods, each product produced by type, amount, process or
processes, and rate of production, time( s), and duration of all process discharges.
(E) Facility Layout. Facility layout including floor plans, mechanical and plumbing plans,
process flow, and details to show all sewers, floor drains, and appurtenances by size,
location and elevation and discharge locations.
(F) Flow Measurement. Measured average and maximum daily flow, monthly average, and
seasonal variations of wastewater flow rates in gallons per day to the City sewer system
from regulated process streams and other streams as necessary to use the combined
wastestream formula or flow weighted average formula.
(G) Pollutant Measurement. Wastewater constituents and characteristics, including any
pollutants in the discharge that are limited by any federal, state, or local standards, or
pretreatment standards applicable to each regulated process, and nature and concentration
(or mass if pretreatment standard requires) of regulated pollutants in each regulated process
(daily maximum and average concentration or mass when required by a pretreatment
standard). Sampling and analysis will be undertaken in accordance with 40 CFR Part 136.
(H) Compliance Certification. A certification statement reviewed by an authorized
representative of the user and certified by a qualified professional indicating whether the
pretreatment standards are being met on a consistent basis, and if not, whether additional
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operation and maintenance and/or additional pretreatment is necessary for the user to meet
pretreatment standards and requirements. [40 CFR Part 403.12(b )(6)]
(I) Other Information. Any other information required by the City Engineer to evaluate the
permit application. Incomplete or inaccurate applications will not be processed and will be
returned to the industrial user for revision.
13.48.070 Application Signatories and Certification.
All wastewater discharge permit applications shall be signed by a responsible corporate officer,
general partner, proprietor, or duly authorized representative of the user and contain the
following certification statement:
"I certify under penalty of law that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the information,
the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I
am aware that there are significant penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations."
13.48.080 Wastewater Discharge Permit Decisions.
The City Engineer will evaluate the data furnished by the user and may require additional
information. Within 60 days of receipt of a complete wastewater discharge permit application,
the City Engineer will determine whether to issue a wastewater discharge permit. Any permit
applicant or user (aggrieved party) may petition the City Engineer to reconsider the terms of a
wastewater discharge permit within 30 days of notice of its issuance. Aggrieved parties may
seek an administrative appeal under Section 13.52.200.
13.48.090 Wastewater Discharge Permit Issuance Process.
(A) No connection to the City sewer system shall be made until the connection has been
approved by the City Engineer. The owner of the premises to be served shall provide all
information required by the City Engineer, supplemented by any plans, specifications, or
other information which, in the judgment of the City Engineer, is pertinent to the location
and use of the premises. Separate connections may be required for each building of a
single premise or for separation of industrial wastewater from sanitary sewage
(B) The Wastewater Discharge Permit shall be issued upon final inspection and acceptance of
construction of the connection and, when required, upon the application and issuance of a
wastewater discharge permit.
13.48.100 Wastewater Discharge Permit Duration.
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Each wastewater discharge permit will indicate a specific date upon which it will expire. The
user shall apply for a wastewater discharge permit re-issuance at least 90 days prior to the
expiration of the user's existing wastewater discharge permit. Expiration of a wastewater
discharge permit does not relieve the discharger of requirements outlined in their existing
wastewater discharge permit.
(A) Industrial Wastewater Discharge permits and Ground Water Remediation Discharge
permits shall be issued for a specified time period, not to exceed five years from the
effective date of the wastewater discharge permit.
(B) A Non-residential Wastewater Discharge permit shall be issued for a specified time period,
not to exceed six years from the effective date of the wastewater discharge permit.
13.48.110 Wastewater Discharge Permit Contents.
A wastewater discharge permit shall include such conditions as are deemed reasonably necessary
by the City Engineer to prevent pass-through or interference, protect the quality of the water
body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge
management and disposal, and protect against damage to the POTW.
(A) Wastewater discharge permits must contain provisions, requirements, and standards
appropriate to carry out the objectives of this sewer use ordinance, including but not
limited to the following:
(1 ) A statement that indicates wastewater discharge permit duration, which shall not
exceed five years for SIU and Categorical Users.
(2) A statement that the wastewater discharge permit is nontransferable. Any new user
must apply for a new wastewater discharge permit and receive prior approval from the
City Engineer before discharging to the sewer;
(3) Effluent limits based on applicable pretreatment standards;
(4) Selfmonitoring, sampling, reporting, notification, and record-keeping requirements.
These requirements shall include an identification of pollutants to be monitored,
sampling location, sampling frequency, and sample type based on pretreatment
standards;
(5) A statement of applicable civil and criminal penalties for violation of pretreatment
standards and requirements, and any applicable compliance schedule. Such schedules
may not extend the time for compliance beyond that required by applicable federal,
state, or local law;
(B) Wastewater discharge permits may contain provisions, requirements, and standards
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appropriate to carry out the objectives of this sewer use ordinance, including but not
limited to the following:
(1 ) Limits on the average and maximum wastewater constituents and characteristics.
These limits may be based on pollutant concentration and/or mass and may include
prohibitions on discharge of said pollutants;
(2) Limits on the average and/or maximum rate of discharge, time of discharge, and/or
requirements for flow regulation and equalization;
(3) Implementation of Best Management Practices or Best Available Technology as
determined by the City Engineer.
(4) Requirements for the installation of pretreatment technology, pollution control, or
construction of appropriate containment devices, designed to reduce, eliminate, or
prevent the introduction of pollutants into the treatment works;
(5) Requirements for the development and implementation of spill control plans, Toxic
Organic Management Plan or other special conditions including management practices
necessary to adequately prevent accidental, unanticipated, or non-routine discharges;
(6) Development and implementation of waste minimization plans to reduce the amount of
pollutants discharged to the POTW;
(7) Requirements for installation and maintenance of inspection, sampling and flow
metering facilities, and other related monitoring equipment and 3 years of records
retention;
(8) A statement that compliance with the wastewater discharge permit does not relieve the
user of responsibility for compliance with all applicable federal and state pretreatment
standards, including those that become effective during the term of the wastewater
discharge permit;
(9) Requirements for reporting compliance schedules, self-monitoring, change in
conditions, change in discharge including slug loads, bypass, process changes and
chemical changes and automatic resampling;
(10) The prohibition of dilution as partial or complete substitute for adequate pre-treatment
to achieve compliance with permit conditions;
(11 ) Signatory requirements specifying the responsible corporate officer for the industrial
user; and/or
(12) Other conditions as deemed appropriate by the City Engineer to ensure compliance
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with this sewer use ordinance, and state and federal laws, rules, and regulations or the
terms of the permit.
13.48.120 Wastewater Discharge Permit Modification.
The City Engineer may modify a wastewater discharge permit for good cause, including, but not
limited to, the following reasons:
(A) To incorporate any new or revised federal, state, or local pretreatment standards or
requirements;
(B) To address significant alterations or additions to the user's operation, processes, or
wastewater volume or character since the time of wastewater discharge permit issuance;
(C) A change in the POTW that requires either a temporary or permanent reduction or
elimination of the authorized discharge;
(D) Information indicating that the permitted discharge poses a threat to the POTW, personnel,
or the receiving waters;
(E) Violation of any terms or conditions of the wastewater discharge or this sewer use
ordinance;
(F) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge
permit application or in any required reporting;
(G) Revision of or a grant of variance from categorical pretreatment standards pursuant to 40
CFR Part 403 .13; and/r
(H) To correct typographical or other errors in the wastewater discharge permit.
The filing of a request by the user for a permit modification does not stay any permit condition.
13.48.130 Wastewater Discharge Permit Transfer.
Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater
discharge permit shall not be reassigned or transferred or sold to a new owner, new user,
different premises, or a new or changed operation. However, nothing in this section shall be
construed to prevent the application of the terms and conditions of this sewer use ordinance,
including enforcement penalties, from applying to a succeeding owner, successor in interest, or
other assigns of an existing contract or wastewater discharge permit holder.
13.48.140 Wastewater Discharge Permit Appeals.
The City Engineer shall provide notice of the issuance of a wastewater discharge permit to the
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applicant. Any permit applicant or user (aggrieved party) may petition the City Engineer to
reconsider the terms of a wastewater discharge permit within 30 days of notice of its issuance.
Aggrieved parties may seek an administrative appeal under Section 13.52.200.
13.48.150 Wastewater Survey.
The City Engineer may periodically require users to submit a survey that includes information on
the nature and characteristics of its wastewater. Failure to submit this survey within 30 days of
the request shall be considered a violation of this sewer use ordinance.
13.48.160 Sampling.
The City Engineer may periodically require any user to sample their wastewater discharge or
submit to the wastewater sampling by the City Engineer in establishing the appropriate class of
the user and/or to evaluate compliance with the standards and requirements of this sewer use
ordinance.
(A) Sample Collection. Except as indicated in paragraph (B) below, the user shall collect
wastewater samples using flow proportional composite collection techniques. In the event
flow proportional sampling is infeasible, the City Engineer may authorize the use of time
proportional sampling or grab sampling over the production day where the user
demonstrates that this will provide a representative sample of the effluent being discharged.
In addition, grab samples may be required to show compliance with daily maximum
discharge limits.
(B) Samples should be taken for Federal 40 CFR limits, for Categorical Industries immediately
downstream from pretreatment facilities if such exist, or immediately downstream from the
regulated process if no pretreatment facilities exist. If other wastewaters are mixed with
the regulated wastewater prior to pretreatment, the user shall measure the flows and
concentrations necessary to allow use of the combined wastestream formula in order to
evaluate compliance with the pretreatment standards.
13.48.170 Contents of Reports on Sampling and Analysis.
(A) Reports shall contain results of sampling and analysis, identifying the nature and
concentration (or mass, where required by the City) of regulated pollutants in the discharge
from each regulated process. Both daily maximum and average concentration (or mass,
where required) shall be reported.
(B) Reports, signed and certified by a duly authorized representative of the industrial user, as
set forth in 40 CFR Part 403.6(a)(2)(ii) and 40 CFR Part 403.12(1) shall certify that such
sampling and analysis are representative of normal work cycles and expected pollutant
discharges to the POTW and shall contain the following information:
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(1) The date, precise location, method, and time of sampling and the names of the person( s)
taking the samples;
(2) Sample preservation used;
(3) The dates analyses were performed;
( 4) Chain of custody of the sample;
(5) Who performed the analyses;
(6) The analytical techniques/methods used; and
(7) The results of such analyses.
13.48.180 Analytical Requirements.
All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater
discharge permit application or required report must be performed in accordance with the
techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical
pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for
the pollutant in question, sampling and analyses must be performed in accordance with
procedures approved by EP A. All analyses shall be performed by a laboratory(ies) certified by
the State for the specified pollutants and matrix to be analyzed.
13.48.190 Baseline Monitoring Reports.
All categorical users shall submit to the City a baseline report within 180 days of the effective
date of this Section or 180 days after final administrative decision on a category determination,
whichever is earlier. The baseline report shall contain the information specified in 40 CFR Part
403.12(b). The information required for application for a permit and/or modification of a permit
may fulfill the requirements of the baseline report. If in submitting information to apply for or to
modify a permit, the categorical user also intends to fulfill the requirements for the baseline
report, the categorical user shall so state.
13.48.200 Compliance Schedule Progress Reports.
The user shall submit a progress report to the City Engineer no later than fourteen (14) days
following each date in the compliance schedule (as defined in this ordinance) and the final date
of compliance including, as a minimum, whether the user complied with the increment of
progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return
to the established schedule.
13.48.210 Reports on Compliance with Categorical Pretreatment Standard Deadline.
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Within 90 days following the date for final compliance with applicable categorical pretreatment
standards, or in the case of a new source following commencement of the introduction of
wastewater into the POTW, any user subject to such pretreatment standards and requirements
will submit to the City Engineer a report indicating the nature and concentration of all pollutants
in the discharge from the regulated process that are limited by pretreatment standards or
requirements, the average and maximum daily flow for these process units, and the actual
average production rate for these process units. For users subject to equivalent mass or
concentration limits established in accordance with the procedures in 40 CFR Part 403.6(c), this
report will contain a reasonable measure of the user's long-term production rate. The report shall
state whether the applicable pretreatment standards or requirements are being met on a consistent
basis and, if not, what additional operational and maintenance changes and/or pretreatment is
necessary to bring the user into compliance with the applicable pretreatment standards or
requirements. This statement shall be signed by an authorized representative of the industrial
user and a certified qualified professional. Filing of this compliance report cannot relieve the
user of any fines, civil penalties, or other liability that may be imposed by this sewer use
ordinance or other applicable law, or failure to meet the applicable pretreatment standards or
requirements subsequent to the date for final compliance with such applicable standard.
13.48.220 Periodic Compliance Reports.
(A) All Significant Industrial Users shall, at a frequency determined by the City Engineer,
submit a report indicating the nature and concentration of pollutants in the discharge that
are limited by pretreatment standards or requirements and the measured or estimated
average and maximum daily flows for the reporting period. All periodic compliance
reports shall be signed and certified in accordance with 40 CFR Part 403.6(a)(2)(ii). The
report shall contain a description of the methods utilized by the user in collecting the
wastewater sample for analysis, including but not limited to the sampling device( s) used,
the sampling period, the amount of each sample collected, sample handling and
preservation techniques used, and date of sample delivery to the laboratory for analysis.
(B) All wastewater samples must be representative of the user's discharge. Wastewater
monitoring and flow measurement facilities will be properly operated, cleaned, calibrated,
and maintained in good working order at all times. The failure of a user to keep its
monitoring facility in good working order is a violation and shall not be grounds for the
user to claim that sample results are unrepresentative of its discharge.
(C) If a user, subject to the reporting requirement in this section, monitors any pollutant more
frequently than required by the City Engineer, using the procedures prescribed in this sewer
use ordinance, the results of this monitoring will be included in the report.
(D) In the event a sample from a periodic compliance report indicates that a constituent is in
violation of the allowable concentration levels as set forth in the user's permit or permit
contract, the user shall inform the City within the next business day, repeat the sampling
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and pollutant analysis for the parameter in violation, and submit in writing the results of
this second analysis within 30 days of the discovery of the first violation. The initial
sampling and analysis report shall be submitted within 45 days of the initial sampling date
with a cover report setting forth the causes of the violation, the remedial actions taken to
date with regard to the violation, and the scheduled additional actions that will be
implemented to prevent a recurrence.
(E) The City Engineer may require a signed statement by the user setting forth management
practices and/or material usage practices that have an affect on the nature, volume, and
quality of the wastewater discharge and/or that potentially will affect the ability to comply
with pretreatment standard requirements.
(F) When required by the City Engineer, an industrial user shall submit a report indicating the
concentration of specific pollutants discharged in the effluent. The determination of said
pollutants by the City Engineer shall be based on what is reasonably expected to be found
at the site and the frequency of monitoring shall be based on the compliance status of the
industrial user.
(G) Periodic Compliance Reports may be waived by the City Engineer if the City is monitoring
the user discharge.
13.48.230 Reports of Potential Problems.
(A) In the case of any discharge including, but not limited to, accidental discharges, discharges
of a non-routine or episodic nature, a non-customary batch discharge or a slug load that
may cause potential problems for the POTW (including a violation of the prohibited
discharge standards of this sewer use ordinance), it is the responsibility of the user to
immediately notify the City Engineer of the incident. This notification shall include the
location of discharge, type of waste, concentration and volume (ifknown), and corrective
actions taken by the user.
(B) Within five days following an accidental discharge, the user shall, unless waived by the
City Engineer, submit a detailed written report describing the cause(s) of the discharge and
the measures to be taken by the user to prevent similar or future occurrences. Such
notification shall not relieve the user of any expense, loss, damage, or other liability that
may be incurred as a result of damage to the system, natural resources, or any other damage
to persons or property . Nor shall such notification relieve the user of any fines, civil
penalties, or other liability that may be imposed by this sewer use ordinance.
(C) Failure to notify the City of potential problem discharges shall be deemed a violation of
this sewer use ordinance.
(D) A notice shall be permanently posted, advising employees of calling procedures in the
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event of a discharge described in paragraph (A) above. Employers shall ensure that all
employees are advised of the emergency notification procedure and containment
procedures.
(E) The City has the authority to deny or condition new or increased contributions of pollutants
or changes in the nature of pollutants to the POTW by permitted and non-permitted users
where such contributions do not meet applicable pretreatment standards or requirements or
where such contributions would cause the POTW to violate its Waste Discharge
Requirements.
13.48.240 Reports from Un-Permitted Users.
All users not required to obtain a wastewater discharge permit shall provide appropriate reports
to the City Engineer if deemed necessary by the City Engineer to protect the public health,
safety, and welfare of the public and the integrity of the City sewer and treatment system.
13.48.250 Reports of Changed Conditions.
Each user shall notify the City Engineer of any planned significant changes to the user's
operations or system that might alter the nature, quality, or volume of its wastewater at least 60
days before the change.
(A) The City Engineer may require the user to submit such information as may be deemed
necessary to evaluate the changed condition, including the submission of a wastewater
discharge permit application as required by this sewer use ordinance.
(B) The City Engineer may issue a wastewater discharge permit as required by this sewer use
ordinance or modify an existing wastewater discharge permit.
(C) No user shall implement the planned changed condition(s) until or unless the City Engineer
has responded to the user's notice.
(D) F or purposes of this section, flow increase of 20% or greater, and the discharge of any
previously unreported pollutants, shall be deemed a significant change to the user's
operations or system.
13.48.260 Reports as Directed by the City Engineer.
The City Engineer may at any time require waste reports, including, but not limited to,
questionnaires, technical reports, sampling reports, and test analyses, and periodical reports of
waste water discharge. When the requested report is not adequate in the judgment of the City
Engineer, he may require the user to supply such additional information as the City Engineer
deems necessary. Waste reports may include, but are not necessarily limited to, nature of the
process, volume and rates of waste water flow, elements, constituents, and characteristics of the
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waste water, together with any information required in the sewer use permit.
13.48.270 Monitoring Facilities.
(A) Users shall install sampling and/or monitoring equipment, including manholes, as deemed
necessary by the City Engineer. The user's sampling and monitoring equipment shall be
maintained at all times in a safe and proper operating condition by the user at the user's
own expense. All devices used to determine wastewater flow and quality shall be
calibrated, at a frequency to be determined by the City Engineer, to ensure their accuracy.
The sampling and monitoring facilities shall be provided in accordance with the City's
requirements and all applicable construction standards and specifications. Construction
shall be completed within 90 days following written notification by the City Engineer
unless a time extension is granted by the City Engineer.
(B) Location of Equipment. The sampling and monitoring equipment shall be situated on the
user's premises, but the City Engineer may, when such a location would be impractical or
cause undue hardship on the user, allow the facility to be constructed in the public right-of-
way and located so that it will not be obstructed by landscaping or parked vehicles.
(C) Access to Equipment. If the monitoring facility is inside the user's fence, there shall be
accommodations to allow access for City personnel, such as a gate secured with a City
lock. There shall be ample room in or near such sampling manhole to allow accurate
sampling and compositing of samples for analysis.
(D) Effluent Meter and Composite Sampler. New industrial users or existing users planning a
remodel of existing process facilities and/or pretreatment system that contribute high
strength wastewater to the POTW shall install a non-resettable totalizing effluent meter and
a flow proportioned composite sampler that is controlled by a flow meter.
(E) Provisions for Existing Users. Existing industrial users shall be subject to the provisions of
this Section as determined by the City Engineer to protect the public health, safety, and
welfare of the public and the integrity of the City sewer and treatment system.
(F) Plan Review. Detailed plans showing the operation and proposed installation of all
monitoring and/or sampling equipment shall be submitted to the City for review and shall
be acceptable to the City Engineer before installation of the equipment. Any subsequent
changes to any sampling and/or monitoring equipment shall be reported to and be
acceptable to the City Engineer.
13.48.280 Pretreatment Facilities.
(A) Where required in the waste discharge permit or by State or Federal laws and regulations,
the discharger shall provide, operate and maintain, at the discharger's expense, such
preliminary treatment or controls as may be necessary to eliminate or reduce the
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objectionable characteristics, constituents, or quantities and rates of discharge to conform
to the maximum limits provided for in the permit.
(B) Plans, specifications, and any other pertinent information related to proposed pretreatment
facilities and operating procedures shall be submitted for the approval of the City Engineer.
Construction of such facilities shall not commence until said approval is obtained in
writing, and use of such facilities shall not commence until completed facilities are
approved in writing. Pretreatment facilities shall be continuously maintained in
satisfactory and effective operating condition to the satisfaction of the City Engineer.
13.48.290 Additional Pretreatment Measures.
(A) The City Engineer may require any user discharging into the POTW to install and
maintain, on their property and at their expense, a suitable storage and flow-control facility
to ensure equalization of flow. A wastewater discharge permit may be issued solely for
flow equalization.
(B) From time to time the City may adopt Best Management Practices for activities and/or
industries. In these cases, users may employ the adopted Best Management Practices in
lieu of application of other pretreatment technologies, when approved by the City Engineer.
(C) Users with the potential to discharge flammable substances may be required to install and
maintain an approved combustible gas detection meter.
13.48.300 Grease Removal Devices.
Grease, oil, and sand interceptors or other grease removal device shall be provided by the user
when, in the opinion of the City Engineer, they are necessary for the proper handling of
wastewater containing excessive amounts of grease and oil, sand or other harmful ingredients.
All interception units shall be of type and capacity acceptable to the City Engineer and shall be
so located to be easily accessible for cleaning and inspection. All grease, oil and sand
interceptors shall be maintained in continuously efficient operation at all times. Such
interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at their
expense. The user shall keep and maintain records that document all cleaning, repair and proper
disposal from all such interceptors for the preceding three years. Such records shall be kept on
the site for review by the City Engineer.
13.48.310 Amalgam Separators.
In addition to the requirements set forth below, the City Engineer may specify additional
requirements for dental facilities that remove or place amalgam fillings.
(A) All owners and operators of dental facilities that remove or place amalgam fillings shall
comply with the following waste management practices:
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(1) No person shall rinse chair-side traps, vacuum screens, or amalgam separator
equipment in a sink or other connection to the sanitary sewer.
(2) Owners and operators of dental facilities shall ensure that all staff members who handle
amalgam waste are trained in the proper handling, management, and disposal of
mercury-containing material and fixer-containing solutions, and shall maintain training
records that shall be available for inspection by the City Engineer during normal
business hours.
(3) Amalgam waste shall be stored and managed in accordance with the instructions of the
recycler or hauler of such materials.
( 4) Bleach and other chlorine-containing disinfectants shall not be used to disinfect the
vacuum line system.
(5) The use of bulk mercury is prohibited. Only pre-capsulated dental amalgam is
permi tted.
(B) All owners and operators of dental vacuum suction systems, except as set forth in
paragraphs (C) and (D), below, shall comply with the following:
(1) An ISO 11143 certified amalgam separator device or comparable device shall be
installed for each dental vacuum suction system on or before one year of the effective
date of this title provided, however, that all dental facilities that are newly constructed
on and after the effective date of this sewer use ordinance shall include an installed ISO
11143 certified amalgam separator device. The installed device must be ISO 11143
certified as capable of removing a minimum of 95% of amalgam. The amalgam
separator system shall be certified at flow rates comparable to the flow rate of the actual
vacuum suction system operation. Neither the separator device nor the related
plumbing shall include an automatic flow bypass. F or facilities that require an
amalgam separator that exceeds the practical capacity of ISO 11143 test methodology,
a non-certified separator will be accepted, provided that smaller units from the same
manufacturer and of the same technology are ISO-certified. Alternative materials and
methods may be proposed to the City Engineer for approval.
(2) Proof of certification and installation records shall be submitted to the City Engineer
within 30 days of installation.
(3) Amalgam separators shall be maintained in accordance with manufacturer's
recommendations. Installation, certification, and maintenance records shall be
available for immediate inspection upon request by the City Engineer during normal
business hours.
(C) Facilities with vacuum suction systems that meet all of the following conditions may apply
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to the City Engineer for an exemption to the requirements of paragraph (B), above:
(1 ) The system was installed before the effective date of this title.
(2) The system is a dry vacuum pump system with an air-water separator.
(3) The sedimentation tank is non-bottom draining, with the drain above the anticipated
maximum level of accumulated sludge.
(4) Evidence of regular pump outs (a minimum of once a year, or more often if either
directed by the manufacturer or necessary to keep solids from exiting through the drain)
is maintained and open to inspection by the City Engineer during normal business
hours.
( 5) The system has no direct discharge pipe to the sewer on the bottom of the
sedimentation tank.
An owner or operator whose facility meets all five conditions in this subdivision may apply
for an exemption by written letter to the City Engineer. The City Engineer will review the
system and, if the exemption is approved, shall provide a written letter of exemption. An
exemption obtained pursuant to this subdivision section shall expire upon installation of a
new vacuum system. Upon expiration of the exemption, the facility shall comply with
paragraph (B) of this section before commencing further operation.
(D) The following types of dental practice are exempt from this Section, provided that removal
or placement of amalgam fillings occurs at the facility no more than three days per year:
orthodontics, periodontics, oral and maxillofacial surgery, radiology, oral pathology or oral
medicine, and endodontistry and prosthodontistry.
13.48.320 Right of Entry - Inspection and Sampling.
The City Engineer shall have the right to enter the premises of any user announced or
unannounced, to determine whether the user is complying with all requirements of City
ordinances and any wastewater discharge permit or order issued hereunder. Users shall allow the
City Engineer ready access to all parts of the premises for the purposes of inspection, sampling,
records examination and copying, and the performance of any additional duties. Any entry upon
private property shall be in accordance with Section 13.52.135 of this ordinance.
(A) Where a user has security measures in force that require proper identification and clearance
before entry into their premises, the user shall make necessary arrangements with its
security guards so that, upon presentation of suitable identification, the City Engineer shall
be permitted to enter, without delay, for the purposes of performing specific
responsibilities.
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(B) The City Engineer shall have the right to set up or require installation of, on the user's
property, such devices as are necessary to conduct sampling and/or metering of the user's
operations.
(C) If deemed necessary by the City Engineer, the City Engineer may require the industrial
user to install sampling and monitoring equipment. The facility's sampling and monitoring
equipment shall be maintained at all times in a safe and proper operating condition by the
user at its expense. The City Engineer may require the installation of such facilities on the
premises of the user at a location that will be accessible to the City Engineer at all times.
All devices used to measure wastewater flow and quality shall be calibrated and certified
periodically to ensure their accuracy.
(D) Any temporary or permanent obstruction to safe and easy access to the facility to be
inspected and/or sampled shall be promptly removed by the user at the written or verbal
request of the City Engineer and shall not be replaced. The costs of clearing such access
shall be the responsibility of the user.
(E) When the owner of premises fails to comply with an order to cease and desist, allowing the
entrance of surface or subsurface drainage water from the owner's premise to the City
sewer system, the City Engineer shall have the right to enter the premises and to block the
flow of drainage water.
(F) Unreasonable delays in allowing the City Engineer access to the user's premises shall be a
violation of this sewer use ordinance.
13.48.330 U nmetered waste flows.
Sewage and industrial wastewater flows from nonresidential and industrial users not required to
install control manholes shall be determined as follows:
(A) For premises where no significant portion of the water received from any source is
consumed in the principal activity of the user, or is removed from the premises by means
other than the City sewerage system, the volume of waste flow shall be equal to the total
volume of water used from all sources. Water received from each source shall be
determined by the registration shown in the corresponding water meter. When required by
the City Engineer, unmetered water sources shall be equipped with meters at the user's
expense. Size and type of water meters and frequency of testing shall be as specified in the
sewer use permit.
(B) For premises where a portion of the water received from any source does not flow into the
sewerage system, either because of the principal activity of the user or because of its
removal by other means, the volume of waste flow shall be equal to the volume of water
used from all sources less the volume of water removed by the user's activity. Water
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received from each source, as well as water removed, shall be determined by the
registration shown in the corresponding water meters or by other means approved by the
City Engineer. Unmetered water removals shall be equipped with meters at the user's
expense. Size and type of water meters and frequency of testing shall be as specified in the
sewer use permit.
(C) All meters required in subsections (A) and (B) of this Section shall be installed in
accordance with City Standards at the user's expense. Existing private meters installed by
the user prior to the effective date of the ordinance shall continue in service until they are
required to be replaced. A monthly service charge may be assessed to the user to cover
City meter reading and maintenance costs.
13.48.340 Timing.
Written reports will be deemed to have been submitted on the date postmarked. For reports that
are not mailed, the date of receipt of the report will govern.
13.48.350 Record Keeping.
Users subject to the reporting requirements of this sewer use ordinance shall retain, and make
available for inspection and copying, all records of information obtained pursuant to any
monitoring activities required by this sewer use ordinance and any additional records of
information obtained pursuant to monitoring activities undertaken by the user independent of
such requirements. Records will include the date, precise location, method, and time of
sampling, and the name of the person( s) taking the samples, the dates analyses were performed,
who performed the analyses, the analytical techniques or methods used, and the results of such
analyses. These records must be retained for a period of at least five years. This period will be
automatically extended for the duration of any litigation concerning the user or the City, or
where the user has been specifically notified of a longer retention period by the City Engineer.
13.48.360 Confidential Information.
Information and data on a user obtained from reports, surveys, wastewater discharge permit
applications, wastewater discharge permits, and monitoring programs, and from the City
Engineer's inspection and sampling activities, shall be available to the public in accordance with
state law. Wastewater constituents and characteristics and other "effluent data" as defined by 40
CFR Part 2.302 will not be recognized as confidential information and will be available to the
public without restriction.
SECTION 9. Chapter 13.52, Sewers - Enforcement, of the Rohnert Park Municipal Code is
repealed and replaced with the following:
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Sections:
"13.52
SEWERS-ENFORCEMENT
Article 1- General Enforcement
13.52.010 Intent.
13.52.020 Enforcement Response Plan.
13.52.025 Violation - Penalty
13.52.030
13.52.040
13.52.050
13.52.060
13.52.070
13.52.080
13.52.090
13.52.100
13.52.110
13.52.120
13.52.130
13.52.135
13.52.140
13.52.150
13.52.160
13.52.170
13.52.180
13.52.190
13.52.200
13.52.210
13.52.220
Administrative Fines- Civil Penalties.
Judicial Enforcement Remedies.
Injunctive Relief.
Performance Bonds.
Liability Insurance.
Water Supply Severance.
Public Nuisances.
Cost Reimbursement.
Responding to Significant Noncompliance.
Publication of Users in Significant Noncompliance.
Compliance Schedules.
Search/Inspection Warrants.
Emergency Suspension of Discharge.
Waste Water Discharge Permit- Revocation/Termination of Service.
Upset.
Bypass.
Affirmative Defense.
Disputes- Request for Ruling.
Appeals.
Fraud and False Statements.
Pretreatment Charges and Fees.
Article 1- General Enforcement
13.52.010 Intent.
The enforcement provisions specified in this sewer use ordinance apply to all classes of users to
the extent such user violates any provision of this sewer use ordinance or administrative order of
the City Engineer pursuant to this sewer use ordinance. In order to achieve the maximum degree
of compliance desired, the City may use a variety of enforcement mechanisms. The enforcement
mechanisms may range from informal administrative action, to a request for criminal
prosecution. The City may, at its discretion, implement the use of any mechanism or the
concurrent use of several mechanisms in order to enforce the provisions of this sewer use
ordinance. The enforcement mechanisms provided herein may be cumulative in respect to such
other enforcement mechanisms or civil and criminal penalties as may be otherwise available
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under the laws of the State of California and the United States of America. Nothing in this sewer
use ordinance is intended to prevent state and/or federal regulatory agencies from undertaking
enforcement actions as may otherwise be available due to a violation of this ordinance that also
constitutes a violation of federal or state statutes and regulations.
13.52.020 Enforcement Response Plan.
Rules for enforcement. The City Engineer may adopt procedures and rules for the
implementation and administration of this sewer use ordinance.
When the City Engineer finds that a discharge of industrial wastes is taking place or threatening
to take place in violation of this ordinance, wastewater source control requirements, or the
provisions of a sewer use permit, the City Engineer may initiative any of the following
enforcement actions without limitation:
A. Notice of Violation (NOV).
When the City Engineer finds that a user has violated, or continues to violate, any provision of
this sewer use ordinance, a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, the City Engineer may serve upon that user a written
Notice of Violation. Within 10 days of the receipt of this notice, an explanation of the violation
and a plan for the satisfactory correction and prevention thereof, to include specific required
actions, shall be submitted by the user to the City Engineer. Submission of this plan in no way
relieves the user of liability for any violations occurring before or after receipt of the Notice of
Violation. Nothing in this section shall limit the authority of the City Engineer to take any
action, including emergency actions or any other enforcement action, without first issuing a
Notice of Violation.
B. Administrative Orders (AO).
The City Engineer may issue Administrative Orders and/or enter into assurances of compliance,
or other similar documents establishing an agreement with any user responsible for the
noncompliance. Such documents will include specific action to be taken by the user to correct
the noncompliance within a time period specified by the document.
(1) Consent Order. The City Engineer may enter into Consent Orders, or other similar
documents establishing an agreement with any user responsible for noncompliance. Such
documents will include specific action to be taken by the user to correct the
noncompliance within a time period specified by the document. Such documents shall
have the same force and affect as administrative orders issued and shall be judicially
enforceable.
(2) Show Cause Order. The City Engineer may order a user that has violated, or continues to
violate, any provision of this sewer use ordinance, a wastewater discharge permit or order
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issued hereunder, or any other pretreatment standard or requirement, to appear before the
City Engineer and show cause why the proposed enforcement action should not be taken.
Notice shall be served on the user specifying the time and place for the meeting, the
proposed enforcement action, the reasons for such action, and a request that the user
show cause why the proposed enforcement action should not be taken. The notice of the
meeting shall be served personally or by registered or certified mail, return receipt
requested, at least 10 days prior to the hearing. Such notice may be served on any
authorized representative of the user. A show cause hearing shall not be a bar against, or
prerequisite for, taking any other action against the user.
(3) Compliance Orders. When the City Engineer finds that a user has violated, or continues
to violate, any provision of this sewer use ordinance, a wastewater discharge permit or
order issued hereunder, or any other pretreatment standard or requirement, the City
Engineer may issue an order to the user responsible for the discharge, directing that the
user come into compliance within a specified time. If the user does not come into
compliance within the time provided, sewer service may be discontinued unless adequate
treatment facilities, devices, or other related appurtenances are installed and properly
operated. Compliance orders also may contain other requirements to address the
noncompliance, including additional self-monitoring and management practices designed
to minimize the amount of pollutants discharged to the sewer. A compliance order may
not extend the deadline for compliance established for a pretreatment standard or
requirement, nor does a compliance order relieve the user of liability for any violation,
including any continuing violation. Issuance of a compliance order shall not be a bar
against, or a prerequisite for, taking any other action against the user.
( 4) Cease and Desist Orders. When the City Engineer finds that a user has violated, or
continues to violate, any provision of this sewer use ordinance, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard or requirement, or
that the user's past violations are likely to recur, the City Engineer may issue an order to
the user directing it to cease and desist all such violations and directing the user to:
(a) Immediately comply with all requirements; and
(b ) Take such appropriate remedial or preventive action as may be needed to
properly address a continuing or threatened violation, including halting
operations and/or terminating the discharge.
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other
action against the user.
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13.52.025 Violation-Penalty.
No person shall violate any provisions of or fail to comply with any of the requirements of
Chapters 13.08 through 13.52. Any person intentionally or negligently violating any of the
provisions or failing to comply with any of the requirements of Chapters 13.08 through 13.52 is
guilty of a infraction. Each person is guilty of a separate offense for each and every day during
any portion of which any violation of any provision of Chapters 13.08 through 13.52 is
committed, continued, or permitted by such person.
13.52.030 Administrative Fines - Civil Penalties.
(A) When the City Engineer finds that a user has violated, or continues to violate, any
provision of this sewer use ordinance, a wastewater discharge permit or order issued
hereunder, or any other pretreatment standard or requirement, the City Engineer may fine
such user in an amount determined pursuant to the City Enforcement Response Plan.
Pursuant to the authority of California Government Code Sections 54739 to 54740.6, the
City may issue administrative complaints, conduct administrative hearings, and/or impose
civil penalties in accordance with the procedures set forth in these sections for violation of
the City's requirements set forth in this sewer use ordinance. The amount of any civil
penalties imposed under this section that have remained delinquent for a period of 60 days
shall constitute a lien against the real property of the discharger from which the discharge
originated resulting in the imposition of the civil penalty.
(B) Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed an additional
penalty of the unpaid balance, and interest shall accrue thereafter. A lien against the user's
property may be sought for unpaid charges, fines, and penalties.
(C) Users desiring to dispute such fines must file a written request for the City Engineer to
reconsider the fine along with full payment of the fine amount within 1 0 days of being
notified of the fine. Where the City Engineer believes a request has merit, the City may
convene a hearing on the matter within 15 days after receiving the request from the user.
The City Engineer may add the costs of preparing administrative enforcement actions, such
as notices and orders to assess the fine. In the event the user's appeal is successful, the
payment, together with any interest accruing thereto, shall be returned to the user.
(D) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking
any other action against the user.
13.52.040 Judicial Enforcement Remedies.
Any user who violates any order issued by the City Engineer for violation of provisions of this
sewer use ordinance regulating or prohibiting discharge of wastewater that causes or threatens to
cause a condition of contamination, pollution, or nuisance, as defined in Section 13.12.020 may
be liable civilly in a sum not to exceed $25,000 for each day in which such violation occurs.
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13.52.050 Injunctive Relief.
When the City Engineer finds that a user has violated, or continues to violate, any provision of
this sewer use ordinance, a wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, or otherwise causes or threatens to cause a condition of
contamination, pollution or nuisance, the City Engineer may seek the issuance of a temporary or
permanent injunction, as appropriate, to restrain or compel the specific performance of the
wastewater discharge permit, order, or other requirement imposed by this sewer use ordinance on
activities of the user. The City Engineer may also seek such other action as is appropriate for
legal and/or equitable relief, including a requirement for the user to conduct environmental
remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for,
taking any other action against a user.
13.52.060 Performance Bonds.
The City Engineer may decline to issue or reissue a wastewater discharge permit to any user who
has failed to comply with any provision of this sewer use ordinance, a previous wastewater
discharge permit, or order issued hereunder, or any other pretreatment standard or requirement,
unless such user first files a satisfactory bond, payable to the City, in a sum not to exceed a value
determined by the City Engineer to be necessary to achieve consistent compliance.
13.52.070 Liability Insurance.
The City Engineer may decline to issue or reissue a wastewater discharge permit to any user who
has failed to comply with any provision of this sewer use ordinance, a previous wastewater
discharge permit, or order issued hereunder, or any other pretreatment standard or requirement,
unless the user first submits proof that it has obtained financial assurances sufficient to restore or
repair damage to the POTW and/or the City Sewerage System caused by its discharge.
13.52.080 Water Supply Severance.
Whenever a user has violated or continues to violate any provision of this sewer use ordinance, a
wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or
requirement, potable water service to the user may be terminated. Service will only
recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.
13.52.090 Public Nuisances.
A violation of any provision of this sewer use ordinance, a wastewater discharge permit, or order
issued hereunder, or any other pretreatment standard or requirement is hereby declared a public
nuisance and shall be corrected or abated as directed by the City Engineer. Any person(s)
creating a public nuisance shall be subject to the provisions of the City Code governing such
nuisances, including reimbursing the City for any costs incurred in removing, abating, or
remedying said nuisance.
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13.52.100 Cost Reimbursement.
When the owner of premises fails to comply with an order to cease and desist the entrance of
surface or subsurface drainage water from his premises to the public sewer, the City Engineer
shall have the right to enter the premises and to block the flow of drainage water. T he costs of
blocking such flow shall become a lien upon the premises. Any entry upon private property shall
be in accordance with Section 13.52.135 of this ordinance.
(A) When the discharge of wastewater causes an obstruction, damage, or other impairment to
the City sewer system or treatment plant, the City Engineer may tabulate the expenses
incurred for the work required to clean or repair the facility and correct the treatment
process. Such expenses shall be reimbursed to the City by adding said expenses to the
user's billing for industrial service charges.
(B) All costs associated with the City's undertaking of enforcement actions pursuant to this
sewer use ordinance, including attorney's fees for civil or administrative actions
undertaken or any fines incurred, shall be paid by the user. These costs may include but
not be limited to the costs for termination of service, reinstitution of service, compliance
sampling and analysis, and administrative activities undertaken by the City. However, if
the user prevails in an appeal or a civil action taken to nullify an enforcement action
pursued by the City under this sewer use ordinance, the user shall not be responsible for the
costs incurred by the City in pursuing said enforcement action.
13.52.110 Responding to Significant Noncompliance.
Any violation of pretreatment standards or requirements (limits, sampling, analysis, reporting,
and meeting compliance schedules and regulatory deadlines) is an instance of noncompliance for
which the Significant Industrial User is liable for enforcement, including penalties per this
ordinance. However, the City is required to identify violations or patterns of violations by SIUs
that are deemed to be instances of significant noncompliance (SNC). Additionally, the
determination of significant noncompliance shall be used as the basis for reporting the SNC to
the regulatory authorities and publishing of the list of industries in SNC as is required of the City
by Pretreatment Program Standards.
13.52.120
Publication of Users in Significant Non-Compliance.
The City Engineer shall publish annually in accordance with 40 CFR 403, in any paper of
general circulation that provides meaningful public notice within the jurisdiction served by the
POTW, a list of the users which, during the previous 12 months, were in significant
noncompliance (SNC) with applicable pretreatment standards and requirements. For the
purposes of this provision, a Significant Industrial User (or any Industrial User that violates
paragraphs (C), (D), or (H) of this section) is in significant noncompliance if its violations meet
one or more of the following criteria:
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(A) Chronic violations of wastewater discharge limits, defined here as those in which 66% or
more of wastewater measurements taken during a six month period exceed the daily
maximum limit or average limit for the same pollutant parameter by any amount;
(B) Technical Review Criteria (TRC) violations, defined here as those in which 33% or more
of wastewater measurements taken for the same pollutant parameter during a six month
period equal or exceed the product of the daily maximum limit or the average limit
multiplied by the applicable TRC criteria (TRC== 1.4 for BOD, TSS, fats, oils and grease,
and 1.2 for all other pollutants except pH);
(C) Any other discharge violation that the City Engineer believes has caused, alone or in
combination with other discharges, interference or pass-through, including endangering the
health of POTW personnel or the general public;
(D) Any discharge of pollutants that has caused imminent endangerment to the public or to the
environment, or has resulted in the City Engineer's exercise of its emergency authority to
halt or prevent such a discharge;
(E) Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone
contained in a wastewater discharge permit or enforcement order for starting construction,
completing construction, or attaining final compliance;
(F) Failure to provide within 45 days after the due date, any required reports, including
baseline monitoring reports, reports on compliance with categorical pretreatment standard
deadlines, periodic self-monitoring reports, and reports on compliance with compliance
schedules;
(G) Failure to accurately report noncompliance; or
(H) Any other violation( s) or group of violations, including a violation of Best Management
Practices, which the City Engineer determines will adversely affect the operation or
implementation of the local pretreatment program.
13.52.130 Compliance Schedules.
A Notice of Violation or Administrative Order may contain a compliance schedule. The
following conditions shall apply to the schedule.
(A) The schedule shall contain increments of progress or milestones in the form of dates for the
commencement and completion of major events, including the construction and operation
of additional pretreatment required for the industrial user to meet the applicable
pretreatment standards or City local limits.
(B) No increment referred to in paragraph (A) shall exceed nine months.
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(C) Not later than 14 days following each date in the schedule and the final date for
compliance, the industrial user shall submit a progress or milestone report to the City
Engineer including, at a minimum, whether or not it complied with the increment of
progress to be met on such date and, if not, the date on which it expects to comply with this
increment of progress, the reason for delay, and the steps being taken by the industrial user
to return the construction to the schedule established. In no event shall more than nine
months elapse between such progress reports to the City.
13.52.135 Search/Inspection Warrants.
(A) If the City Engineer has been refused access to a building, structure or property or any part
thereof, and if the City Engineer has probable cause to believe that there may be a violation
of City ordinance or that there is a need to inspect or sample as part of a routine
inspection/sampling program of the City designed to verify compliance with City
ordinance or any permit or order issued hereunder, or to protect the overall public health,
safety, and welfare of the community, then the City Engineer may seek issuance of a
search, seizure, or inspection warrant. In the event of an emergency that reasonably
appears to present or cause an imminent or substantial endangerment to the health or
welfare of persons, or if the user consents, inspections shall be made without the issuance
of a warrant.
(B) To the extent that the owner or possessor of the premises requires that a warrant be
received, the City may, in its discretion, suspend the permit and/or any other right to
discharge to sanitary facilities immediately, and such suspension may continue until such
time as a warrant has been received and the inspection has been completed. If no violation
of this sewer use ordinance or the permit, if applicable, is found, the suspension shall be
lifted. In the event that violations of this sewer use ordinance or the permit, if applicable,
are found, then the suspension may, at the discretion of the City, be continued or
terminated, or other enforcement remedies may be sought.
(C) The City may choose to inspect the facility to determine compliance with all standards as
set forth in this sewer use ordinance or permit if applicable, and additionally, such
inspections may be undertaken to verify the wastewater flows and strengths reported by the
discharger.
13.52.140 Emergency Suspensions of Discharge.
The City Engineer may immediately suspend a user's discharge, after informal notice to the user,
whenever such suspension is necessary to stop an actual or threatened discharge that reasonably
appears to present or cause an imminent or substantial endangerment to the health or welfare of
persons. The City Engineer may also immediately suspend a user's discharge, after notice and
opportunity to respond, that threatens to interfere with the operation of the POTW, or that
presents, or may present, an endangerment to the environment.
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(A) Any user notified of a suspension of its discharge shall immediately stop or eliminate its
discharge. In the event of a user's failure to immediately comply voluntarily with the
suspension order, the City Engineer may take such steps as deemed necessary, including
immediate severance of the sewer connection, to prevent or minimize damage to the
POTW, its receiving stream, or endangerment to any individuals. The City Engineer may
allow the user to recommence its discharge when the user has demonstrated to the
satisfaction of the City Engineer that the period of endangerment has passed, unless the
termination proceedings in Section 13.52.150 are initiated against the user.
(B) A user that is responsible, in whole or in part, for any discharge presenting imminent
endangerment shall submit a detailed written statement, describing the causes of the
harmful contribution and the measures taken to prevent any future occurrence, to the City
Engineer prior to the date of any show cause hearing.
(C) After reasonably attempting to informally notify the user, the City may take all necessary
steps to halt or prevent such discharge including, but not limited to, plugging or physically
disconnecting the user's access to the City sewer system.
(D) Nothing in this Section shall be interpreted as requiring a hearing prior to any emergency
suspension under this Section.
13.52.150 Wastewater Discharge Permit- Revocation/Termination of Service.
(A) Wastewater discharge permits may be revoked or users' service may be terminated when
any provision of this sewer use ordinance is violated or if a discharge of industrial waste
causes or threatens to cause a condition of contamination, pollution, or nuisance, as defined
in Chapters 13.08 through 13.52. This provision is in addition to other statutes, rules, or
regulations authorizing termination of service for delinquency in payment, or for any other
reason.
(B) Such users will be notified of the proposed termination of its discharge and be offered an
opportunity to show cause under Section 13.52.020.B. why the proposed action should not
be taken. Exercise of this option by the City Engineer shall not be a bar to, or a prerequisite
for, taking any other action against the user.
(C) Whenever a premises has been disconnected from the City sewerage system for a violation
of this sewer use ordinance, reconnection of said premises shall be per requirements as set
forth by the City Engineer.
13.52.160 Upset.
(A) For the purposes of this Section, upset means an exceptional incident in which there is
unintentional and temporary noncompliance with categorical pretreatment standards
because of factors beyond the reasonable control of the user. An upset does not include
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noncompliance to the extent caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or
improper operation.
(B) An upset shall constitute an affirmative defense to an action brought for noncompliance
with categorical pretreatment standards if the requirements of paragraph (C), below, are
met.
(C) A user who wishes to establish the affirmative defense of upset shall demonstrate, through
properly signed contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and the user can identify the cause( s) of the upset;
(2) The facility was, at the time, being operated in a prudent and competent manner and in
compliance with applicable operation and maintenance procedures; and
(3) The user has submitted the following information to the City Engineer within 24 hours of
becoming aware of the upset if this information is provided orally, a written submission
must be provided within five days:
(a) A description of the indirect discharge and cause of noncompliance;
(b) The period of noncompliance, including exact dates and times or, if not
corrected, the anticipated time the noncompliance is expected to continue; and
(c) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of
the noncompliance.
(D) In any enforcement proceeding, the user seeking to establish the occurrence of an upset
shall have the burden of proof.
(E) Users will have the opportunity for a judicial determination on any claim of upset only in
an enforcement action brought for noncompliance with categorical pretreatment standards.
(F) Users shall control production of all discharges to the extent necessary to maintain
compliance with categorical pretreatment standards upon reduction, loss, or failure of its
treatment facility until the facility is restored or an alternative method of treatment is
provided. This requirement applies in the situation where, among other things, the primary
source of power of the treatment facility is reduced, lost, or fails.
13.52.170 Bypass.
(A) For the purposes of this section,
(1) Bypass means the intentional diversion of waste streams from any portion of a user's
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treatment facility.
(2) Severe Property Damage means substantial physical damage to property, damage to the
treatment facilities that causes them to become inoperable, or substantial and permanent
loss of natural resources that can reasonably be expected to occur in the absence of a
bypass. Severe property damage does not mean economic loss caused by delays in
production.
(B) A user may allow any bypass to occur that does not cause pretreatment standards or
requirements to be violated, but only if it also is for essential maintenance to assure
efficient operation. These bypasses are not subject to the provision of paragraphs (C) and
(D) of this Section.
(1) If a user knows in advance of the need for a bypass, it shall submit written prior notice to
the City Engineer, at least 10 days before the date of the bypass, if possible.
(2) A user shall submit oral notice to the City Engineer of an unanticipated bypass that
exceeds applicable pretreatment standards within 24 hours from the time it becomes
aware of the bypass. A written submission shall also be provided within five days of the
time the user becomes aware of the bypass. The written submission shall contain a
description of the bypass and its cause; the duration of the bypass, including exact dates
and times, and, if the bypass has not been corrected, the anticipated time it is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the
bypass. The City Engineer may waive the written report on a case-by-case basis if the
oral report has been received within 24 hours.
(C) Bypass is prohibited, and the City Engineer may take an enforcement action against a user
for a bypass, unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property
damage;
(2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment
facilities, retention of untreated wastes, or maintenance during normal periods of
equipment downtime. This condition is not satisfied if adequate back-up equipment
should have been installed in the exercise of reasonable engineer judgment to prevent a
bypass that occurred during normal periods of equipment downtime or maintenance; and
(3) The user submitted notices as required under paragraph (B) of this Section.
(D) The City Engineer may approve an anticipated bypass, after considering its adverse effects,
if the City Engineer determines that it will meet the three conditions listed in paragraph (C)
of this Section.
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13.52.180 Affirmative Defense.
A user shall have an affirmative defense to an enforcement action brought against it for
noncompliance with the prohibitions set forth in Section 13.36.020 (excluding subsections
(B)(l), (2), and (8)) ifit can prove that it did not know, or have reason to know, that its
discharge, alone or in conjunction with discharges from other sources, would cause pass-through
or interference and that either:
(A) A local limit exists for each pollutant discharged and the user was in compliance with each
limit directly prior to, and during, the pass-through or interference; or
(B) No local limit exists, but the discharge did not change substantially in nature or
constituents from the user's prior discharge when the City was regularly in compliance with
its NPDES permit, and in the case of interference, was in compliance with applicable
sludge use or disposal requirements.
13.52.190 Disputes-Request for Ruling.
If any user or applicant for a permit disputes the interpretation or application of this sewer use
ordinance, it may request a ruling by the City Engineer, who will set forth his or her
determinations on the request.
13.52.200 Appeals.
If the discharger or applicant for a permit is dissatisfied with the determinations so made by the
City Engineer, under Sections 13.48.080,13.48.140, or 13.52.190, within thirty days after receipt
of said ruling by the City Engineer, he shall appeal said ruling by giving written notice of the
basis of his appeal to the City Manager. The City Manager shall, within thirty days after receipt
of said written notice of appeal, make a determination of the issue submitted. The determination
of the City Manager shall be final.
13.52.210 Fraud and False Statements.
Pursuant to the provisions of 18 U.S.C. S 1001, relating to fraud and false statements, and the
provisions of Section 309( c )(2) of the Act governing false statements, representations, or
certification in reports required under the Act, any person who knowingly makes any false
statements, representation, or certification in any application, record, report, plan, or other
document filed or required to be maintained for this sewer use ordinance, a wastewater discharge
permit, or who falsifies or tampers with or knowingly renders inaccurate any monitoring device
or method required under this sewer use ordinance, shall, upon conviction, be punished by a fine
of not more than $10,000 or imprisonment for not more than six months, or both.
13.52.220 Pretreatment Charges and Fees.
Subject to the limitations set forth in state law, the City may adopt reasonable fees for
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reimbursement of costs of setting up and operating the City's pretreatment program that may
include:
(A) Fees for wastewater discharge permit applications including the cost of processing such
applications;
(B) Fees for monitoring, inspection, and surveillance procedures including the cost of
collection and analyzing a user's discharge, and reviewing monitoring reports submitted by
users;
(C) Fees for reviewing and responding to accidental discharge procedures and construction;
(D) Fees for filing appeals; and
(E) Other fees as the City may deem necessary to carry out the requirements contained herein.
(F) In the absence of specific fees, the City may recover actual time and materials costs plus a
7% administrative fee for reimbursement of costs of setting up and operating the City's
pretreatment program including but not limited to all actions listed in A, B, C and D
above."
SECTION 10. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council finds that this Ordinance is not subject to the California Environmental Quality Act
("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines because it has no potential for
resulting in physical change to the environment, directly or indirectly.
SECTION 11. SEVERABILITY
If any provision of this Ordinance or the application thereof to any person or circumstances is for
any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction
or preempted by state legislation, such decision or legislation shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause or phrase hereof not declared
invalid or unconstitutional without regard to any such decision or preemptive legislation.
SECTION 12. EFFECTIVE DATE AND PUBLICATION
This ordinance shall be in full force and effective 30 days after its adoption. Before the expiration of
fifteen (15) days after its passage, this ordinance, or a summary thereof as provided in California
Government code Section 36933, shall be published at least once in a newspaper of general
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circulation, published and circulated in the City of Rohnert Park, along with the names of the
members of the City Council voting for and against its passage.
This ordinance was introduced by the City Council of the City ofRohnert Park on February 8, 20 11,
and adopted on , 2011, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ROHNERT PARK
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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. .
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.Griffin, Terri
.:.. ; ::..: .. . ITEM .NQ...7.E..
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. From:
Sent:
To:
Subject:
Callinan1 Joseph
ThursdaYJ February 10J 2011 6:51 PM
Griffin} Terri
FW: Resignation
-:'"-:^="i""-:-:...."i":-"---:-..-:-:-.-:-...-:-.-.~ ......-:-.....;.~ :.:.;..:~..:~:.::.:::.: :~:~: :~~::~:-: :-:x-:---::-:-:-:-:-:-.....:--:-; ~...........""i-;-.:---:-"-:-:..N..N~-;-X :-..^:-.........:N.......~m..:-;..:.:.;.:.,:.:.;.:.:.;.:.::.:.:.:~~:.:-)X"~:--x::-: ))i~"i"~r.--:-r:-;-r.v"i"""i,:.:.;......"-:-:-'X-:-xr.-.-:-x.-:~~.....:-:.:.:~~ ~:~ :.:..:~(:.::.:.;.:: ::(:~ ):~c:::-: :::::: :-:-:-:-::-::-: ~:^:":-:"i"""i-:-"-:-:--."'~~--:-:---:-j-"-:-.""i-:-"-:-:---:-:---:-:->>^"-:-X-:-X-:-:""":-'-:-"'-:-":"'''''''''''''''':-''''''':';'''''';'''''':''':'';':''';':''~~';'':':';':':';'~~:':''::'::'::~ ~~:.:: r..: ~~~~::-:-:-:~ ~).."-: ~~:-:~ ~~ ~...Y"-j~-:-~-:-x-:-:-....~ -:-.-..WN:...........~:..: ~:.:~:: :::.::;-"..( :~: .~::: ~.~::: :..: :^~:~ :-:~~-:-"-: w... ~~......~ ~ .......~~..~-:-...~~ W~ ..................:.:.;..
From: Ronald Breeze
Sent: Tue 1/11/2011 6:41 PM
. To: Callinan, Joseph
~ubject: Resignation
Y ou have my resignation as a Cultural Arts Commissioner for Rohnert Park.
.Ronald Breeze
1
SEWER FINANCIAL PLAN
AND RATE STUDY
February 17,2011
3053 Freeport Boulevard #158 · Sacramento, CA 95818-4346 · (916) 444-9622 · www.TheReedGroup.org
TABLE OF CONTENTS
I. EXEC UTIVE SUM MARY .....................................................................................................1
INTRODUCTION..................................................................................................................... ................... 1
FIVE - YEAR F I NAN C IAL PLAN .......... . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. 3
SEWER RATE SCHEDULE........................................................................................................................ 4
II. F IVE -YEAR S EWE R F I NAN C IAL PLAN........................................................................... 7
ROHNERT PARK'S SEWER UTILITY.......................................................................................................... 7
FUND/RESERVE STRUCTURE AND CASH FLOWS..................................................................................... 9
F I NAN C I AL P LAN Ass U M PT I ON S ............................................................................................................ 11
S EW E R S Y S T EMF I NAN C I AL PLAN ......................................................................................................... 1 7
III. S EWE R RATES .............................................................................................................. 22
EXISTING SEWER RATES....................................................................................................................... 22
RATE SETTING OBJECTiVES.................................................................................................................. 23
CUSTOMER ACCOUNT DATA AND WASTEWATER FLOW AND LOADING ESTIMATES................................24
S EWE R RATE CAL CU LA TI ON S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. 26
PROPOSED SEWER RATE SCHEDULES.................................................................................................. 32
APPENDIX A - LIST OF REFERENCES
APPENDIX B - DATA ON SEWER USER STRENGTH CLASSIFICATIONS
THE REED GROUP, INC.
CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
Introduction
The City of Rohnert Park (City) has the lowest sewer rates in the region. Unfortunately,
however, the revenues generated from sewer operations are insufficient to cover
operating and maintenance costs, debt service obligations, and capital program needs.
The sewer utility is operating at a financial deficit, and, if the current trend continues,
operating cash reserves may be exhausted in 2012.
The collection, treatment, and disposal of wastewater is an essential service to the
community and helps to ensure the health and safety of the City's residents. The City
works each day with increasingly limited resources to ensure that the sewer system is
properly operated and maintained to avoid sewage overflows, protect public health, and
protect the environment.
The City is a member of the Santa Rosa Subregional System, which provides treatment
and disposal for the cities of Santa Rosa, Rohnert Park, Cotati, and Sebastopol, as well
as South Park County Sanitation District. Nearly 80 percent of the City's current annual
sewer operating and maintenance costs, including debt service, is related to payments
made to the Subregional System. Costs to Rohnert Park of Subregional System
treatment and disposal are governed by the Subregional Agreement (and amendments),
and are beyond the direct control of the City.
In November 2008, as a result of a voter-approved ballot initiative, the City was required
to reduce its sewer rates by nearly 30 percent. This placed the City in the vulnerable
position of not generating sufficient revenues to cover operating and maintenance costs
and meet contractual debt service obligations.
Recently, the City experienced a further reduction in revenues as a result of lower
customer water usage. About 99 percent of sewer rate revenue is tied to water usage
(only about 1 percent is fixed). The slowdown in the economy, concerns about water
supply conditions, weather patterns, and water conservation efforts have all contributed to
reduced demand, and a further decline in revenue.
The City engaged The Reed Group, Inc. to develop a multi-year financial plan and
conduct a sewer rate study. The purpose of this independent study was to review the
sewer utility's operating and maintenance costs, debt service obligations, and capital
program needs, and to develop recommendations for adjusting sewer rates in order to
meet these obligations, thereby enabling the City to continue to provide sewer services to
the community, without threatening the City's ability to continue providing other essential
services to residents. The rate study also includes evaluating the current sewer rate
structure and developing recommendations for improving equity, as well as revenue
sufficiency and stability.
The long-term financial viability of the sewer utility must take into consideration four
important needs. These are: (1) covering ongoing operation and maintenance costs of
wastewater collection, treatment, and disposal; (2) meet debt service obligations, which
includes both annual principal and interest payments and debt service coverage
obligations (described below); (3) maintain adequate and prudent financial reserves for
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CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
working capital, emergencies, and variable capital program needs; and (4) provide
ongoing funding for the long-term rehabilitation and upgrade of the sewer system.
Financial viability is a prerequisite to ensuring the C~y is able to continue providing
essential sewer services in accordance with state, federal, and regional regulations.
The City's sewer utility receives wastewater treatment and disposal services from the
Santa Rosa Subregional System. Details of the requirements and obligations of the
member agencies to the Subregional System are contained in the Subregional
Agreement dated April 3, 1975 and subsequent amendments. In short, the City is
required to pay for the proportionate share of operating and maintena1ce costs of
treatment and disposal operations based on wastewater flow, as well as a portion of
annual debt service related to capital facility needs based on assigned capacity.
Annual payments to the Subregional System (for operating, maintenance, and debt
service costs) account for about 80 percent of sewer utility annual operating and
maintenance costs, and the City has limited control over the amount of these costs. The
remaining 20 percent of these costs is related to the City's collection system, as well as
administrative costs of the utility, including utility billing. Current (FY 1 0-11) operating and
maintenance costs, including payments to the Subregional System, total about $11.1
million, while general sewer rate revenues are estimated at about $7.3 million and total
sewer operating fund revenues are about $8.8 million.
In addition to the operating and maintenance costs, the City is legally obligated to make
debt service payments of nearly $820,000 annually on sewer revenue certificates of
participation (COPs) issued in 2005. In addition to making annual debt service payments,
as a condition to issuing the COPs the City agreed to maintain rates and charges such
that annual revenues would cover annual operating and maintenance costs and provide
net operating revenues equal to at least 1.20 times annual debt service. This debt
service coverage test is a requirement intended to provide lenders with additional security
that the City will be able to meet its debt repayment obligations. A second test requires
the annual net operating revenues, exclusive of capacity fee revenue, to cover operating
and maintenance costs, as well as 1.15 times annual debt service.
The debt service coverage requirement is reasonable, and a standard requirement in
most debt issues. Because the calculation of debt service coverage does not include
capital expenses, and because most utilities have some level of pay-as-you-go capital
program (funded through rates) this requirement frequently does not have any impact on
rate setting decisions. The City's rate setting decisions ultimately should not be dictated
by coverage requirements, but by the needs of funding an ongoing capital replacement
and rehabilitation program.
However, as a result of reduced sewer rates, the City is not currently able to meet the
debt service coverage obligation and is in breach of the debt service coverage (as well as
not adequately funding capital program needs), putting the City in a vulnerable financial
condition. The City has been able to make annual debt service payments by relying on
available financial reserves. However, these reserves are estimated to be exhausted in
2012 with currently available revenues. At that time, not only will the sewer utility be
unable to adequately fund capital program needs, but also be unable to pay annual debt
service or even cover ongoing operating costs.
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CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
The financial strategy presented in this report focuses primarily on covering operating and
maintenance costs, and meeting debt service obligations. The third and fourth financial
obligations listed above are maintaining adequate reserves and funding a long-term
rehabilitation and upgrade capital program. Both of these needs were deemed
secondary to ongoing operations and meeting debt repayment obligations. However,
once rates are adjusted to meet debt service coverage obligations an adequate operating
reserve can be maintained, and most of the City's sewer capital improvement program
can be funded. The limitation on funding the entire capital improvement program is
described in greater detail in Section II of the report.
This report documents the financial planning and rate analyses performed to look at the
next five years for the sewer utility. In addition to examining the financial needs of the
sewer utility, this study also included examination of existing sewer rate structures, as
well as development of recommendations to meet rate setting objectives of reflecting the
cost of providing service, improving equity, and improving revenue stability.
Because of the requirements of public notification prior to a public hearing on sewer rates,
it may be July 2011 before new sewer rates can be implemented. As a result, the City
will not meet debt service coverage obligations in FY 10-11. However, the sewer rate
recommendations presented herein are intended to cover all operating and maintenance
costs, as well as debt obligations in FY 11-12 and beyond.
The remainder of this Executive Summary summarizes financial plan and rate study
recommendations. Other sections of the report provide additional details of the study.
Section II presents information and assumptions related to development of the sewer
financial plan. Section III describes sewer rate and rate structure recommendations.
Appendix A, at the end of this report, includes a list of reference documents related to
this study.
Five-Year Financial Plan
The five-year financial plan for the sewer utility covers the period from FY 10-11 through
FY 14-15. The model is based on the City's FY 1 0-11 budget, 5-year capital
improvement plan, and existing debt service obligations. The financial plan model is
intended to serve as planning and management tool, and enables the City to take a multi-
year look at its financial needs.
As with other cities, the sewer utility is intended to be a self-supporting enterprise of the
City. That is, the utility is expected to generate the revenues (through user charges,
capacity fees, and other revenues) to cover the ongoing costs of (1) operations,
maintenance, and administration, (2) debt service, (3) capital improvements to provide
needed capacity and to rehabilitate and upgrade of the utility system, and (4) maintain
prudent financial reserves.
The sewer utility has been in a difficult financial situation since user rates were reduced
as a result of the ballot initiative passed in November 2008. That initiative resulted in a
reduction in the sewer rates of about 30 percent. At present, annual operating costs,
including debt service payments, exceed operating revenues by about $3.4 million. The
sewer utility is able to cover operating and debt service costs only be drawing down
limited financial reserves. It is estimated, that without an increase in sewer rates, financial
reserves in the operating fund may be exhausted in early 2012.
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CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
The financial plan model was used to estimate the annual sewer revenue requirements
necessary to cover operating and maintenance costs, as well as debt obligations. The
City is contractually obligated to meet debt service coverage requirements. Failure to
meet these obligations could result in costly litigation and impair the City's ability to
borrow money in the future. The rate adjustments proposed herein focus on meeting the
cash needs of utility operations, as well as meet the debt service coverage requirement
throughout the planning period. Section II of this report presents details of the five-year
financial plan for the sewer utility. The financial plan is used to identify the annual sewer
rate revenue requirements, which are subsequently used in rate calculations.
In order to meet the critical financial needs of the sewer utility, a significant increase in
sewer rates is required. Because of its magnitude, it is recommended that the increase
be implemented in two steps, with rate adjustments in both July 2011 and January 2012.
Because of the need to meet debt service coverage obligations in FY 11-12, it is not
possible to spread the two-step increase over a longer period of time. To meet financial
obligations of operating and maintaining the collection system, paying Subregional
System costs, and meeting contractual debt service obligations during the planning
period, the necessary overall sewer rate adjustments are:
July 2011
January 2012
January 2013
January 2014
January 2015
250/0
220~
3.50~
3.5%
3.5%
In conclusion, based on financial plan assumptions, the sewer utility is expected to be
financially stable if the proposed rate adjustments are implemented. While the
assumptions and information used in the preparation of the sewer financial plan are
believed to be reasonable, no assurances can be made that actual financial results will
be as presented herein. City staff should continue to monitor the financial condition of the
sewer utility, as well as changes in wastewater demands and related rate revenues, to
ensure that the utility moves forward on a sound financial course.
Sewer Rate Schedule
Proposed sewer rates and rate structure changes are intended to assist the City with
meeting financial obligations as well as achieving rate setting objectives. The following
rate setting objectives have guided the development of the proposed rate structures for
the sewer utility.
· Rates should generate sufficient revenues to meet the utility's financial obligations
related to operations, debt service, and the capital improvement program, as
reflected in the multi-year financial plan
· Rates should reflect the cost of providing service by proportionately allocating
costs to each customer class
· Rates should improve revenue stability.
The City also has policies and programs to encourage water conservation, and the sewer
rate structure helps to achieve this objective as well. These objectives guided the review
of and recommendations on sewer rates and rate structures.
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CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
Proposed sewer rates reflect the cost of providing service and are based on the annual
revenue needs for rates proposed for July 2011. Proposed sewer rate schedules are
presented in Exhibit 1.1. Beyond the rate setting objective listed above, it is hoped that
the analysis and explanations contained in this report will also lead to customer
understanding and acceptance of the proposed rates.
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Sewer rate calculations are based on estimated wastewater flows from each customer
class, as well as wastewater strength characteristics for BOD and TSS. Under the
current rate structure, all customers pay the same fixed service charge ($1.08 per
month). About 1 percent of the annual sewer rate revenue is generated through this
charge, representing customer-related cost such as utility billing. This service charge
approach does not reflect the fact that different customers can place very different
demands on the sewer system. The proportionate distribution of the costs of providing
service could be better achieved if service charges also include a portion of fixed
capacity-related costs. The proposed service charges make this change.
The proposed sewer rates include establishing the fixed service charge based on the size
of the water meter (similar to water rates) for multi-family and non-residential customers.
All single family residential customers would pay the same fixed service charge. The
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CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
proposed rates would generate about 15 percent of annual rate revenue from fixed
service charges, and about 85 percent from usage charges.
While the overall rate increase in July 2011 is 25 percent, the actual bill changes for
individual customers will vary depending on customer class, meter size, and usage.
Some bills will increase more, and other less, than of overall increase. In all cases,
however, it is believed that the proposed rate structure provides an improved distribution
of costs to each customer, and is justified on a cost of service basis. The potential impact
of proposed rates on various "typical" sewer customers is presented in Exhibits 111-7 and
111-8, at the end of Section III.
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CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
This section of the report describes the five-year financial plan developed for the City's
sewer utility. The financial plan reflects the City's current operation and maintenance
costs, debt service obligations, and capital improvement plans, as well as various
sources of revenues and the reserves maintained by the City for various purposes.
The financial plan is intended to serve as planning and management tool and enable the
City to take a multi-year look at its financial needs. In order of priority, these needs
include funding of ongoing operation and maintenance, meeting debt service obligations
(including debt service coverage requirements), maintaining prudent finarcial reserves,
and supporting the utility's current capital improvement program. The financial plan
model also provides a means to examine ways to minimize utility rate increases, while
still meeting financial objectives.
Financial plan model is based on information provided by the City and assumptions
reviewed with City staff. Efforts have been made to make the analyses as complete and
accurate as possible. However, the City's sewer utility operates in a dynamic
environment in which economic conditions, customer demands, external costs, and other
factors are outside of the City's direct control. Future conditions and events cannot be
known at this time. The financial plan is intended to help shape and inform decisions to
be made by the City. It is not a prediction of the future.
Rohnert Park's Sewer Utility
The City is responsible for the operation and maintenance of the City's sewer utility. The
wastewater produced by the City's customers is delivered by the City's collection system
to a subregional wastewater treatment and disposal system (Subregional System), which
treats and disposes the wastewater. The Subregional System is owned and operated by
the City of Santa Rosa and serves the City, Santa Rosa and the nearby cities of Cotati,
Sebastopol and the South Park County Sanitation District through contractual
agreements with Santa Rosa and those public agencies. Through the City's collection
system and the Subregional System, the City provides sewer services throughout
Rohnert Park and certain adjacent areas.
Operations of the sewer utility are carried out under the general supervision of the Public
Works Director. The sewer utility is operated as an enterprise fund of the City, with a
separate and independent set of accounting records and finandal transactions. As an
enterprise, it is the intent of the City to operate the sewer utility like a self-sustaining
business, without support of the General Fund. It is through establishing appropriate
rates and charges that the sewer utility can operate in this manner. While the sewer utility
should not rely on the General Fund for support, sewer revenues are legally prohibited
from supporting General Fund activities.
The entire City is included within the area currently served by the sewer utility. This
service area includes the 7.3 square miles of the City. The utility serves approximately
8,350 accounts in the City and two additional customers (Sonoma State University and
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CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
Sonoma County's Canon Manor Assessment District) outside the City limits in &>noma
County.
The sewer utility currently consists of wastewater collection and delivery facilities. All
wastewater is treated and disposed through the Subregional System. The City has
approximately 411 ,000 lineal feet (nearly 78 miles) of gravity sewer pipe ranging in size
from 6-inch to 30-inch. In addition, the sewer trunk system, which delivers wastewater to
the Subregional System, consists of approximately 20,000 lineal feet of 24-inch gravity
sewer installed in the 1970's, as well as a seoond trunk line of approximately 18,000
lineal feet with a 30-inch diameter installed in 2006. Both trunk lines are now operated as
pressurized pipelines. The City's sewer collection system operates under gravity flow to
a pump station, which then pumps the wastewater through the trunk system to the
Subregional treatment plant. Currently, the average aggregate wastewater treatment
demand in the City's service area is approximately 2.8 mgd (average dry weather flow).
The current treatment capacity of the Subregional System allocated to the City is 3.43
mgd (average dry weather flow).
Untreated wastewater from the City's collection system is delivered to the Subregional
System where it is treated. Primary treatment consists of screening, grit removal and
primary sedimentation. In the primary treatment tanks, suspended material in the
wastewater is allowed to settle out. The settled material (primary sludge) is removed to
the digesters while the liquid effluent flows to the secondary treatment facility.
In secondary treatment, the primary effluent is aerated and bacteria consume most of the
organic material. The resulting mixture then flows into secondary clarifiers where
additional settlement occurs. The secondary sludge is either re-circulated to the aeration
tanks or removed for sludge thickening while the liquid effluent flows to the tertiary
treatment facility.
The tertiary treatment facility consists of filtration of the secondary effluent through
anthracite coal beds that remove any remaining organic material. After filtration, the
tertiary effluent is disinfected by ultraviolet light which eliminates any remaining bacteria
or viruses. After disinfection, the effluent is pumped through pipelines to storage ponds
for subsequent re-use or for discharge to Laguna de Santa Rosa.
The solids generated during the wastewater treatment process (sludge) are thickened to
remove excess water and then pumped to four anaerobic digesters to degrade, stabilize
and to produce methane gas to help meet treatment plan power needs. The product of
this process, called biosolids, is further dewatered and then transported for agricultural
land application, for landfill disposal or further processed by composting which produces
a marketable product.
Tertiary treated, recycled water is currently disposed by the Subregional System in three
ways: irrigation, Geysers Recharge (geothermal power plant), and Laguna de Santa
Rosa discharge. By managing these three disposal methods, the Subregional System
can remain in regulatory compliance independent of weather. The City of Santa Rosa is
currently expanding its reuse capacity into urban areas.
The Subregional System operates in a heavily regulated environment with strict limits on
treatment and discharge. The primary regulatory body is the North Coast Regional Water
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CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
Quality Control Board. Other regulatory agencies impacting Subregional System
operations include: US Environmental Protection Agency, California State Water
Resources Control Board, California Department of Fish and Game, US Fish and Wildlife
Service, US Army Corp of Engineers, and others.
FundIReserve Structure and Cash Flows
The financial plan is a multi-year cash flow model. As a cash flow model, it differs from
financial accounting income statements and balance shee1s. The financial plan models
the sources and uses of funds into and out of the various funds and reserves of the City's
sewer utility.
The sewer utility is an independent enterprise operated by the Public Works Department.
As an enterprise, the utility has an independent set of financial accounts contained within
the City's overall budget. The financial plan was developed to reflect the fund and
account structure used by the City. The financial plan is used to model the cash inflows
and outflows of the sewer utility, as well as transfers between the various sewer funds.
Exhibit 11-1, on the following page, schematically illustrates the fund and reserve structure
used for financial planning and analysis purposes, as well as the major revenue inflows
and expenditure outflows. An understanding of the fund/reserve structure is helpful in
understanding the financial plan exhibits that model the flow of funds through the utility
from one year to the next. Each of the funds and reserves is described below.
· Operating Funds - The operating fund is the primary fund for the sewer utility.
Most sewer revenues, including user rates and other service revenues, flow into
this fund. All operating and maintenance expenditures, including administrative
costs and debt service payments, are paid out of the operating fund.
o Operating Reserves - The primary purposes of an operating reserve is to
provide working capital sufficient to pay expenses as needed and to
provide for unanticipated or emergency expenditures that could rut be
reasonably foreseen. The financial plan seeks to maintain a minimum
operating reserve throughout the 5-year planning period. Operating
reserves equal to from 1 0 percent to 50 percent of annual operating
expenses is common and accepted within the water and wastewater
industry. Given the size and nature of the City's sewer operation, as well
as relative risks (e.g., high revenue volatility), a 33 percent operating
reserve is recommended. At present, it is estimated that the balance in
the operating fund will be slightly above the recommended minimum
balance at the end of FY 10-11. Proposed rate adjustments will help
maintain the minimum balance for the remainder of the planning period.
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CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
o Available Balance - The balance in the operating funds in excess of the
operating reserve is shown in the financial plan model as the available
balance. When the total fund balance exceeds the target reserve amount
the available balance is positive. If the fund balance dips below the
desired minimum reserve the available balance is negative. This is a
convenient way to monitor the status of the operating fund over the
planning period as various scenario analyses are performed.
· Capital Replacement Fund - The capital replacement fund is used to track capital
program expenditures, as well as the monies available for capital rehabilitation
and upgrade projects. Grant or debt proceeds obtained for capital projects are
also shown in the capital fund. At present, about $2.6 million in this fund
represents proceeds from the issuance of COPs in 2005. In addition, the fund is
supported through annual transfers from the operating fund. Contributions to the
capital program from user rates are reflected in the financial plan models as
annual transfers from the operating to the capital replacement fund.
· Capacity Fee Fund - The sewer capacity fee fund is used to track revenues from
new development when capacity fees are paid. Sewer capacity fees are used to
pay costs due to the Subregional System related to providing capacity in the
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CITY OF ROHNERT PARK
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wastewater treatment and disposal system owned and operated by the City of
Santa Rosa. Capacity fee revenue cannot be used to cover general operating
and maintenance costs of the utility. The purpose of capacity fees are described
in the Sewer Capacity Charge Analysis report prepared by the City in 2006.
The City also received development fee revenue under the Public Facilities
Financing Plan (PFFP) fee structure. These revenues are accounted for in a
separate fund (outside of the sewer utility). Their use in covering certain sewer
system costs is described later in this section, but is not part of the funds flowing
through the capacity fee fund.
Financial Plan Assumptions
The five-year financial plan reflects a number of assumptions. The financial plan was
developed based on the City's FY 1 0-11 budget, existing long-term debt obligations and
debt service schedules as reflected in the Official Statement, and the current five-year
capital improvement plan (CIP).
General Assumptions
A number of general assumptions are reflected in the financial plans, including inflation
rates, interest rates, customer growth rates, water demand estimates, etc. Primary
assumptions are described below, and also shown in Exhibit 11-2. City staff members
have reviewed the assumptions used in the analyses, and concur with their
reasonableness for the time period covered.
· Inflation and Interest Rates - The financial plan model includes the following
assumptions for annual inflation and interest:
o Approximately two-thirds of the current operating and maintenance cost to
the City's sewer utility is the cost of treatment and disposal provided by
the Subregional System. The City of Santa Rosa has assumed their
Subregional System operating costs will increase by 5 percent each year.
However, like other cities, they are under pressure to reduce costs as
much as possible, and have been directed to reduce costs for FY 11-12.
For this reason, the analysis herein assumes that Subregional System
operating and maintenance costs to the City of Rohnert Park will be
unchanged in FY 11-12 (relative to FY 10-11), will increase by 3 percent
in FY 12-13, and then increase by 5 percent each year for the remainder
of the planning period.
o General inflation is assumed to be 3 percent per year of the planning
period. This is a long-term average of general inflation trends in the San
Francisco bay area, as compiled by the US Bureau of Labor Statistics.
This assumed general inflation rate applies to the City's operating,
maintenance, and administrative costs.
o Construction inflation is assumed to be 2 percent for FY 10-11, 3 percent
in FY 11-12, and 4 percent per year thereafter. Lower inflation is initially
assumed due to the current economic climate. The 4 percent inflation is
reflective of longer term norms, based on data from the Engineering
News Record, which maintains a historical construction cost index.
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CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
These construction inflation rates apply to capital project costs contained
in the City's 5-year capital improvement program covering FY 09-1 0
through FY 13-14.
o Interest earnings on the City's investment of available cash are at historic
lows, based on rates paid State Treasurer's Local Agency Investment
Fund (LAIF) investment returns. Interest on general cash balances is
assumed to be 0.5 percent in FY 10-11,1.0 percent in FY 11-12 and FY
12-13, and then 1.5 percent in FY 13-14 and FY 14-15. This interest rate
applies to each fund's beginning-of-year balances and accrues to each
fu nd.
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CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
· Current Customer Base - The City currently has about 8,350 sewer accounts.
The City also provides sewer services to Sonoma State University (SSU) and to
the Canon Manor development, each under special contracts. Customer account
and water use data were obtained from the City's utility billing system for the
period from September 2009 through August 2010. Customer account, water
use, and estimated wastewater flow data are presented in greater detail in
Sections III of this report.
· Growth Proiections - The financial plan conservatively assumes annual growth of
about 0.1 percent (equivalent to about 8 new homes) each year through FY 11-
12, and then increasing to 0.5 percent in FY 12-13 and to 1.0 percent thereafter.
Actual growth will be a function of economic conditions, the City's development
policies, and the status of new projects within the development pipeline. While
the growth assumption is low it is reasonable given the current economic climate.
The growth rate affects capacity fee revenues, as well as ongoing rate revenues.
· Wastewater Demand - Water demand, as well as wastewater flows, have been
reduced in recent years due to the effects of the current economy, weather
conditions, and water conservation awareness and programs. Reduced
demands have had an adverse impact on sewer revenues. Statewide policies
are increasing the emphasis on water conservation and efficient water use as
well. While new connections will be added to the sewer system as the economy
recovers, no increases or decreases in wastewater demands, on a per account
basis, are included in the financial plan analyses presented herein. This is a
reasonable assumption given the relatively short (5-year) planning period. Actual
demands may fluctuate due to changing conditions.
· Service Revenue from SSU and Canon Manor - Sonoma State University pays
for sewer service under a special agreement with the City. Sewer service
revenue from the SSU is affected by the university's wastewater flows and O&M
cost changes from the Subregional System. SSU is also allocated a portion of
the City's collection system costs. For financial planning purposes, sewer service
revenue from SSU is assumed to be constant through the planning period
because of decreasing flows from the university, as well as cost saving efforts by
the Subregional System.
The Canon Manor development, outside the City limits, also receives sewer
service from the City under a special agreement. Because this development is
outside the City limits it was unaffected by the rate rollback that followed the 2008
sewer initiative. Sewer service revenue from Canon Manor is assumed to
increase as the City's overall costs of providing service increase.
Because the agreements covering service to both SSU and Canon Manor result
in charges that reflect the costs of providing service the City's ratepayers do not
subsidize these services.
· Subregional System Costs - The Subregional System costs paid by the City for
wastewater treatment and disposal services are comprised of two components.
These are operating and maintenance costs, and debt service costs related to
capital preservation and expansion. As noted earlier, Subregional System
operating and maintenance costs are assumed to remain unchanged in FY 11-12
(relative to FY 10-11), increase by 3 percent in FY 12-13, and increase by 5
percent per year thereafter.
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CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
Annual Subregional System debt service costs to Rohnert Park are as scheduled,
and currently include about $2.85 million annually for preservation, and about
$877,000 annually for capacity expansion. City staff believes that a temporary
transfer of capacity from Santa Rosa to Rohnert Park may no longer be needed,
and that the City may be able to reduce the amount paid to the Subregional
System by about $550,000 annually. The financial plan analyses contained
herein assumes this reduction in Subregional System debt service costs
beginning in FY 11-12. It should be noted, however, that this change has not
been approved by the City of Santa Rosa.
· Sewer Capacity Fees and Fee Revenue - The current sewer capacity fee for a
single family residential dwelling is $12,421. Other fee amounts apply to other
types of development. The financial plan assumes the fee amount remains
constant during the planning period. The fee is applied to new connections (see
growth assumption above) and revenue accrues to the sewer capacity fee fund.
Capacity fee revenue can be used for two purposes: (1) to pay for facilities
providing capacity to serve new development, and (2) pay debt service related to
this capacity. Analysis of sewer capacity fees and the manner in which projects
needed to meet the needs of new development may be funded is beyond the
scope of this study. To the extent capacity fee revenue is available, for purposes
of this study capacity fee revenue is used solely to pay for the expansion portion
of Subregional System debt owed by the City.
Because of the current economic climate and reduced capacity fee revenue, the
capacity fee fund may not have sufficient funds for annual Subregional expansion
debt service costs. Any shortfall is shown in the financial plan model as a
negative balance in capacity fee fund, and does not affect the sewer rate
calculations. The City should review the status of the sewer capacity fees, and
consider updating the fees based on anticipated revenue needs.
· Public Facilities Financing Plan (PFFP) Fees and Fee Revenue - The City
collects PFFP fees from new development within the City for a variety of
infrastructure purposes. These revenues are accounted for in a separate fund of
the City (outside of the sewer utility). As described in detail below, a majority of
the sewer debt issued by the City in 2005 was used to fund the sewer interceptor
outfall project, and a portion of that project benefits new development. As a
result, the financial plan uses PFFP revenue to pay 30.3 percent of this annual
debt service.
Existing Long-Term Debt Obligations
In 2005, the City of Rohnert Park issued $13.0 million in Certificates of Participation
(COPs) to provide funding for needed capital improvements to the sewer system,
primarily the sewer interceptor outfall project Annual debt service on the COPs totals
nearly $820,000 per year for both principal and interest. This is a relatively modest
amount of long-term debt for a sewer utility, and use of COP funding is a common form of
financing for sewer system improvements.
In addition to making annual debt service payments, the City is required to meet specified
debt service coverage requirements, as one of the means of providing security to lenders
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CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
as to the City's ability to repay the debt. In short, the City has agreed to establish rates
and other revenues of the sewer system sufficient to provide net revenues (defined as
gross revenues less operating and maintenance expenses) equal to at least 120 percent
of annual debt service. A second test requires that net revenues, exclusive of sewer
capacity fees, equal or exceed 115 percent of annual debt service. The coverage test is
intended to provide a buffer of surplus funds for debt service payments.
Details of the City's obligations with respect to the 2005 COPs are contained in the
Official Statement -- $13,000,000 City of Rohnert Park Sewer System Revenue
Certificates of Participation, Series 2005 dated May 27, 2005, and related legal
documents.
Since the sewer rates were reduced following a November 2008 ballot initiative, the City
has not met required debt service coverage requirements. This issue is a factor in
determining the level of required sewer rate increases. Continued failure to meet this
requirement can harm the City's credit rating, and make it more costly to borrow money in
the future. There is also the potential for litigation against the City for failure to meet its
contractual obligations.
Exhibit 11-3 summarizes the annual debt service payment obligations related to the 2005
sewer revenue COPs during the planning period.
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According to the 2006 Public Facilities Financing Plan, 38.9 percent of the sewer
interceptor outfall project is the responsibility of new development. In addition, 82 percent
of the COP proceeds were used for the interceptor outfall project. As a result, 30.3
percent (38.90/0 of 820/0) of the annual debt service is the responsibility of new
development. The financial plan model includes PFFP fee revenue (transferred in from
the PFFP fund) in the operating fund, which is then used to pay this portion of the annual
debt service on the 2005 COPs.
Capital Improvement Plan
For purposes of the sewer financial plan and rate study, the City provided its 5-year
capital improvement plan (CIP) for FY 09-10 through FY 13-14. Because of the
magnitude of the sewer rate increase necessary to meet operational and debt service
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CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
requirements, it was determined that capital improvement needs should be secondary.
As a result, the financial plan model CIP was modified to reflect those projects that could
be implemented with the funding available either through existing reserves or through
revenues generated from rates needed for operational and debt service requirements.
Exhibit 11-4 summarizes the capital improvement plan reflected in the financial plan
model. This plan differs from the City's 5-year CIP for FY 09-10 through FY 13-14 in the
following ways:
· Construction of the sewer rehabilitation of the old pipeline from Rohnert Park to
the Subregional System treatment plant has been deferred to beyond the
planning period reflected in the financial plan. This project was estimated at
about $5 million and would be funded through a combination of rate revenues
and new development revenues. Neither sewer rate revenues nor sewer
capacity fee revenues are sufficient to fund this project within the planning period.
In addition, City staff members have indicated a need to further define the work to
be undertaken with this project.
· The ongoing sewer main replacement program includes planned annual
expenditures of $1.2 million. The annual expenditure level has been reduced to
$600,000 in FY 10-11 and to $900,000 in FY 11-12, due to funding limitations. As
a result, this activity will be slightly underfunded during the 5-year planning period.
· The Eastside Sewer Project - Phase 2 has been excluded from the financial plan
pending funding/financing from new development. This project has an estimated
cost of $11.2 million, and is not the responsibility of existing ratep~ers.
· The inflow/Infiltration reduction program was budgeted at $100,000 per year
beginning in FY 10-11. For purposes of the financial plan analysis, the ongoing
project is assumed to begin in FY 11-12. The City had previously budgeted
spending $500,000 per year on this rehabilitation activity.
· The sewer pump station pony pump project is assumed to be delayed by 1 year
from the schedule included in the 5-year CIP.
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CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
· Ongoing rehabilitation and replacement projects for pipeline replacements,
inflow/infiltration reduction, and vehicles and equipment are shown to continue
beyond the CIP planning horizon of FY 13-14 and through the financial plan's
planning horizon of FY 14-15.
The average annual capital program expenditure over the five-year planning period, as
reflected in the financial plan, is about $1.6 million, including inflation.
It is estimated that the combination of available reserves (about $3.4 million in the capital
replacement fund), as well as revenues from the proposed rates, should be sufficient to
fund the capital projects as outlined in Exhibit 11-4. Funding providing by the sewer rates,
as a transfer to the replacement fund, are as follows: $0 in FY 10-11, $1 ,000,000 in FY
11-12, $1,100,000 in FY 12-13, and $1 ,250,000 per year thereafter. Additional sewer
rate increases may be necessary in the future to support the full capital rehabilitation and
replacement needs of the sewer system. Because the financial plan does not fully fund
the planned CIP, the proposed sewer rates are, in effect, below the true cost of providing
and maintaining service to customers over the long-term.
It is recommended that the City develop a comprehensive capital improvement plan
based on system condition and need, and then consider how best to provide the funding
to meet that need. The City's Sewer System Management Plan (SSMP), updated in
2009, provides a description of the regulatory requirements, as well as goals for properly
managing, operating, and maintaining the sewer collection system. These requirements
include establishing a capital improvement program to address hydraulic deficiencies,
reduce infiltration and inflow, and address other system needs.
The manner in which new facilities needed to meet the needs of new developmentwill be
funded was beyond the scope of this study. The study focused solely on meeting sewer
system costs that are the responsibility of existing ratepayers.
Sewer System Financial Plan
The sewer system financial plan is an annual cash flow model that reflects beginning
balances, revenues and transfers in, expenditures and transfers out, and ending
balances for each fund each year of the planning period. The financial plan includes
actual FY 09-10 revenues and expenditures and then looks forward based on the budget
for FY 10-11. Future year operating and maintenance expenses are based on the FY 10-
11 budget with adjustments for inflation and growth, as previously described.
The sewer system financial plan model is presented in Exhibit 11-5. The proposed
financial plan strategy includes a 2-step adjustment with a 25 percent overall sewer rate
increase in July 2011 and a 22 percent overall increase in January 2012. Additional
modest rate increases of 3.5 percent per year are needed each January beginning in
2013.
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CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
THE REED GROUP, INC.
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CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
Current Situation
The cash balance in the sewer utility as of June 30, 201 0 was about $11.32 million. The
distribution of this total across the three sewer funds is summarized below. The capital
replacement fund includes about $2.6 million in remaining debt proceeds tom the
issuance of COPs in 2005. Within the financial planning model, fund balances are
calculated for the end of each year based on annual revenues, expenditures, and
transfers.
Sewer Utility (as of June 30, 2010)
Operating Fund
Capital Replacement Fund
Capacity Fee Fund
Total Sewer
$6,390,000
$3,400,000
~115301000
$11 ,320,000
Based on budgeted expenses, and estimated sewer revenues (under the current rates), it
is estimated that the sewer utility will end the FY 10-11 fiscal year with a total cash
balance of about $6.5 million (all three funds, combined). The combination of operating
and maintenance costs, debt service payments, and anticipated capital program
expenditures exceed estimated current revenues by about $4.8 million. By the end of FY
10-11, the sewer operating fund is estimated to have a balance of about $3.97 million, or
just $37,000 more than the recommended target operating reserve minimum. The deficit
situation is clearly unsustainable.
Sewer System Conclusions and Recommendations
Should the City continue to operate the sewer system without an increase in revenues
the utility could exhaust the operating fund in FY 11-12 (most likely in early 2012).
Remaining proceeds from the issuance of COPs in 2005, as well as capacity fee revenue
within the capacity fee fund, cannot be used for sewer operations. When the operating
fund becomes depleted, utility operation could become a drain on the City's General
Fund. The implication of that potential event is beyond the scope of this study.
The financial plan was used to identify the magnitude and timing of increases to sewer
rates necessary to reverse the current deficit situation and bring the sewer utility to a point
of financially stable operations, thus ensuring health, safety, and financial integrity for the
City and residents. In this assessment, the requirements of ongoing operation and
maintenance, as well as debt obligations, were the controlling factors. Capital program
needs and reserve requirements were viewed as secondary.
Initial analyses suggested that an overall immediate sewer rate increase of about 65
percent would be required to provide financial stability to the utility. However, upon
review of initial analyses, it was determined that less conservative assumptions could be
used. In addition, City staff suggested reducing payments to the Subregional System for
treatment capacity by about $555,000 per year (terminating a transfer of capacity from
Santa Rosa). These and other changes allow for a phasing of the needed rate increase,
and a reduction in the overall magnitude of the required increase. In order to meet the
financial needs of the sewer utility, as well as soften the potential burden on ratepayers a
phased approach to increasing sewer rates is recommended, as summarized below.
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CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
July 2011
January 2012
January 2013
January 2014
January 2015
250/0
220~
3.5%
3.5%
3.5%
The following recommendations are presented for the City's consideration with regards to
meeting the ongoing financial needs of the sewer utility:
· Sewer rates should be increased by an overall 25 percent in July 2011, and an
additional 22 percent in January 2012, to eliminate the current financial deficit,
return the utility to financial stability, and meet existing debt service obligations.
· The City should consider also adopting subsequent annual rate increases, of 3.5
percent per year, beginning in January 2013. If action is not taken on these
subsequent increases at the present time, then the City should plan to update the
financial analysis prior to 2013.
· The City should closely monitor sewer revenues and expenses. While estimates
and assumptions used in the analyses are believed reasonable, there is no
guarantee that actual revenues and expenses will be as estimated herein, and
subsequent rate adjustments may be necessary. Of particular concern is the
sensitivity of sewer rate revenues to changes in customer water demands. This
issue is addressed in greater detail in Section III of this report, and proposed rate
structure changes are intended to help moderate the current potential for revenue
volatility. In addition, the City has limited ability to influence Subregional System
costs, and the Subregional System operates in a heavily regulated environment.
Because Subregional System costs comprise a majority of the sewer utility's
costs, the need to adjust sewer rates may be largely dictated by outside factors.
· The City should use remaining debt proceeds on planned capital projects, and
then plan to support planned capital program needs with a portion of ongoing
sewer rate revenues. Further rate analyses, as well as increases in sewer rates,
may be needed to fund the utility's long-term capital replacement and
rehabilitation needs. Such an undertaking should be considered following a
comprehensive review of the replacement and rehabilitation needs of the utility.
· The City should seek to maintain the minimum operating fund balance equal to
33 percent of annual operating and maintenance costs, including debt service as
a source of working capital, for unanticipated expenditures, and to counter the
affects of revenue volatility.
· As is current practice, sewer capacity fee revenue should be used to help pay for
debt service payments to the Subregional System for capacity expansion. Also, a
portion of PFFP fee revenue and/or reserves should be used to pay 31.3 percent
of annual debt service payments related to the City's 2005 sewer COPs. An
evaluation of the adequacy of these funding sources is beyond the scope of this
study, and this may be an area for further study by the City.
THE REED GROUP, INC.
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CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
In conclusion, in order for the sewer system to reach a financially stable condition a
significant increase in sewer rates is urgently needed. While the assumptions and
information used in the preparation of the sewer system financial plan are believed to be
reasonable, no assurances can be made that actual financial results will be as presented
herein. City staff should continue to monitor the financial condition of the sewer utility, as
well as changes in sewer demands and related rate revenues, to ensure that the utility
proceeds on a sound financial course.
THE REED GROUP, INC.
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CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
This section of the report describes and presents recommendations for updating the
City's sewer rates to provide sufficient revenues for the utility's ongoing operations and
debt service obligations, as well as support the capital improvement program and
maintain prudent reserves, based on cost of service and other rate setting objectives.
The annual sewer rate revenue requirement was presented in Section II of the report as a
result of the development of the 5-year financial plan. Annual sewer rate revenue
requirements for FY 11-12 were used to perform rate analyses and to develop sewer rate
schedules presented herein. The rate calculations presented in the exhibits that follow
relate to the revenue requirement for the sewer rates proposed for July 2011, which
reflects an overall 25 percent increase in the level of current rates.
The sewer rate recommendations presented herein include changes to improve the
proportionate distribution of costs across customer classes, to reflect the cost of providing
service, and help to improve revenue stability. It is also hoped that through the analyses
and explanations provided herein, that the proposed rates will be acceptable to
customers.
Existing Sewer Rates
Exhibit 111-1, on the following page, summarizes the current sewer rates of the City's
sewer utility. Sewer rates were last adjusted with a reduction of about 30 percent
following the successful ballot initiative in November 2008.
Upon review of the current rate structure, four weaknesses of the structure were
identified. These include:
· With very low service charges ($1.08 per month for each accounts) nearly 99
percent of rate revenue is tied to water usage patterns, with only about 1 percent
of rate revenue derived from fixed service charges.
· All accounts pay the same monthly service charge, regardless of size of
connection or use of the system. The fixed charge appears to represent fixed
customer costs (e.g., utility billing), but does not include fixed capacity costs.
Service charges should reflect, in part, fixed capacity-related costs of sewer
service. This standard utility rate setting practice improves the proportionate
distribution of capacity-related costs across customer classes and to customers
within each class.
· Current usage-based rates for non-residential accounts do not reflect the full
variety of business types, and the different strength characteristics that are found
among different types of businesses. Usage rates should reflect the strength
characteristics of different types of users. An approach that categorizes non-
residential customers into low, medium, and high strength cate9Jries is proposed
as a way to more equitably assign wastewater treatment costs to system
customers.
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CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
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· Sewer rates for schools are based on the number of students and staff within
each school. This approach may have been necessary before water meters
where installed on all accounts, but is not necessary at this time. Schools should
be included within the low strength category of non-residential users.
The City also provides sewer services to the Sonoma State University (SSU). The
amount paid by SSU for sewer service is determined under a special agreement and is
related to the volume of waste discharged, the costs of treatment and disposal provided
by the Subregional System, and a portion of the City's collection system costs. The City
also provides service to the Canon Manor development located outside the City limits.
Charges to Canon Manor are also determined under a separate arrangement based on
cost of service. The specific arrangements with and charges to these customers were
beyond the scope of this study.
Rate Setting Objectives
The development of sewer rate recommendations has been guided by several rate-
setting objectives. These objectives were reviewed with City staff and include:
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CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
· Rates should generate sufficient revenues to meet the utility's financial obligations
related to operations, debt service, and the capital improvement program, as
reflected in the multi-year financial plan
· Rates should reflect the cost of providing service by proportionately allocating
costs to each customer class
· Rates should improve revenue stability.
The City also has policies and programs to encourage water conservation, and the sewer
rate structure helps to achieve this objective as well. These objectives guided the review
of and recommendations on sewer rates and rate structures. In addition, it is hoped that
the analyses and explanations contained in this report will also lead to customer
understanding and acceptance of the proposed sewer rates.
Customer Account Data and Wastewater Flow and Loading Estimates
Sewer rate calculations are based on a number of factors related to the City's customers.
Factors include the number of customers, customer classes, water usage and
wastewater flows, meter size, and strength characteristics of wastewater as determined
by biochemical oxygen demand (BOD) and total suspended solids (TSS). Exhibit 111-2
summarizes customer account and water usage data obtained from the City's utility billing
system for the period from September 2009 through August 2010, as well as estimates of
resulting wastewater flow and loading characteristics.
During the rate study, City staff reviewed all non-residential customers and with our
assistance all were assigned into a low, medium, or high strength category based on
published industry data on typical loading characteristics for various types of businesses.
Appendix B, at the end of this report, includes of compilation of industry data that aided
this process, and can be used as a guideline in assigning customers to appropriate
strength categories in the future. Examples of how various types of businesses have
been categorized for sewer rate purposes are summarized below (the list is not all
inclusive). The assignment of customers to appropriate strength categories should be
made administratively by Public Works staff.
Low Strength
Bar w/o food
Beauty salon
Car wash
Church
Convalescent home
Dry cleaner
Health club/spa
Hospital
Hotel/motel w/o restaurant
Laundromat
Office building
Retail stores
Schools
Medium Strength
Auto repair facilities
Auto service stations
Commercial laundry
Hotel/motel w/ restaurant
Mixed use, incl. restaurants
Restaurant w/ grease
interceptor
Retail w/ food service
High Strength
Bakery
Bar w/ food
Butcher
Grocery w/ bakery, butcher,
or food waste grinder
Restaurant w/o grease
interceptor
Winery
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CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
THE REED GROUP, INC.
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CITY OF ROHNERT PARK
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Residential wastewater flows are estimated based on the lower of either (1) the average
monthly water usage from the prior December through February period, or (2) actual
water usage for the month. Non-residential wastewater flows are based on actual
monthly water usage, as most non-residential irrigation is separately metered. Average
wastewater flow for single family dwellings during the most recent winter period available
(December 2009 through February 201 0) was about 4.7 thousand gallons (tg) per month
(about 156 gpd).
As described in greater detail later in this section, meter size is also a factor in rate
determination. The size of the water meter reflects the potential demand a customer can
place on both water and sewer systems. Meter capacity (hydraulic flow capacity) is
frequently used as a basis for proportionately allocating capacity-related costs to
customers of both water and sewer service. Hydraulic capacity factors were determined
based on meter capacity information published by the American Water Works
Association. As an example, a 3" meter has ten times the capacity of a standard %"
residential meter. Therefore, a 3" meter is considered equal to ten equivalent single
family dwellings (ESFDs) for rate setting purposes. The conversion of multi-family and
non-residential accounts into ESFDs is also presented in Exhibit 111-2, based on the
number of accounts of various meter sizes, as well as published hydraulic capacity
factors.
Sewer Rate Calculations
There are three steps to determining sewer rates. These are:
· Determine annual sewer rate revenue requirements
· Analyze the cost of providing service to each customer class
· Design sewer rates to recover costs from each customer class.
Sewer Rate Revenue Requirements
The 5-year financial plan was used to identify the sewer rate revenue needs for each
fiscal year of the five-year planning period. The financial plan shows sewer rate revenue
needs in FY 11-12 of $10.33 million (see Exhibit 11-6). However, as described previously,
rate adjustments in both July 2011 (beginning of the fiscal year) and January 2012
(midway through the fiscal year) are proposed. The revenue requirement for the rates
proposed for July 2011 is $9.154 million. This is the estimated amount of annual revenue
that would result if the July 2011 sewer rates were in effect for a 12-month period.
Cost of Service Analysis
Once the annual sewer rate revenue requirement was determined, the next step in the
rate setting process is to evaluate the cost of providing service. Sewer rate calculations
contained herein are intended to generate the level of revenue commensurate with the
revenue requirement from the City's sewer service customers. This includes the City's
general sewer customers, but excludes SSU and Canon Manor. The manner in which
each customer is responsible for the sewer utility's costs is the subject of the cost of
service analysis.
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CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
To develop equitable sewer rates, the revenue requirement is allocated to various
customer classifications according to the services provided and the demands placed on
the sewer system. A majority of sewer costs have been allocated on the basis of water
usage (wastewater flows), with a portion of costs also allocated based on BOD and TSS
loading factors. This information was summarized in Exhibit 111-2 for each customer class.
In order to improve revenue stability, it is recommended that service charges be
increased such that about 15 percent of rate revenue is generated though service
charges (rather than the current 1 percent), this will result in usage charges generating
about 85 percent of sewer rate revenues. As much as 50 percent of the sewer utility's
costs are fixed (Le., do not vary with usage). However, changing the sewer rates to
recover 50 percent of revenue through fixed charges would be problematic for several
reasons. Such a change could result in dramatic, and potentially disruptive, bill impacts
for many customers, and would conflict with the City's water conservation objectives. In
addition, it is not unreasonable to recover fixed costs on the basis of system usage. As
an example, the cost of a treatment operator is generally considered a fixed cost,
however, it is reasonable to recover this cost on the basis of use. With these
considerations in mind, it is proposed that the City's sewer rates be modified such that 15
percent of the rate revenue is recovered from fixed service charges.
Exhibit 111-3 summarizes how the July 2011 sewer rate revenue requirement was
allocated to fixed charges as well as to flow, BOD, and TSS components that end up in
usage charges. A review of sewer operating costs (City collection operation and
Subregional System treatment operation) indicates that about 68 percent of operating
costs are related to Subregional treatment, and about 32 percent to the City's collection
and administration (this analysis excludes Subregional debt service paid by the City).
Once total costs are allocated, unit costs were determined by dividing the total cost for
each component by the number of units identified in Exhibit 111-2. These unit costs are the
basis for then assigning costs to customer classes.
The cost of service analysis for sewer utilities is more complicated than for water utility
rate analysis in that treatment costs are separated from collection system costs.
Collection system costs are allocated entirely on the basis of flow, whereas treatment
costs are allocated on the basis of flow, BOD, and TSS. The allocation of treatment costs
shown in Exhibit 111-3 were derived based on a review of the Subregional System O&M
budget for FY 10-11, with costs allocated between flow, BOD, and TSS. This review
resulted in an allocation of 50 percent to flow, 25 percent to BOD, and 25 percent to TSS.
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CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
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CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
Unit costs are applied to the annual wastewater flows, as well as BOD and TSS loadings
associated with each customer class to arrive at the allocation of total costs to each
customer class. Exhibit 111-4 presents the allocation of costs to each user class, and
uses information brought forward from Exhibits 111-2 and 111-3.
IiI:
J:
-:J-
. .: .
THE REED GROUP, INC.
PAGE 29
CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
Exhibit 111-5 presents the final sewer user rates and charges for each customer class.
Rates for single family residential customers include a fixed service charge for each
dwelling unit, plus a usage charge to be applied to the lesser of average monthly winter
water usage, or actual monthly water usage. Multi-family and non-residential (low,
medium, and high) customers are subject to a service charge based on the size of the
water meter. In this calculation, 5 percent of allocated fixed costs are distributed equally
to each customer (reflecting fixed customer costs) and 95 percent of allocated fixed costs
are distributed proportionately to each customer based on ESFDs (reflecting fixed
capacity costs). Sewer usage charges for multi-family customers are determined the
same way as single family customers. That is, based on the lesser of average monthly
winter water usage or actual monthly water usage. Non-residential sewer usage charges
are determined based on actual monthly water usage.
Sewer Rate Design
Modest rate structure changes are recommended for the City's sewer rates. Primarily,
the portion of revenue generated by fixed service charges should be increased. At
present only about 1 percent of rate revenue comes from service charges, resulting in a
significant potential for revenue volatility. Proposed rates increase service charge
revenue to 15 percent of rate revenue. Under the proposed sewer rates, all single family
residential customers would pay the same monthly service charge. Service charges for
multi-family and non-residential customers would vary with the size of the water meter.
As a result, customers able to place larger demands on the sewer system would bear a
larger responsibility for capacity costs.
In addition, as with current rates, all customers should pay for sewer service based on
usage. Residential customers would continue to pay the usage rate based on the lesser
of average monthly winter water usage or actual water usage. Non-residential customers
would pay for sewer usage based on actual water usage (more irrigation usage occurs
through separate water meters). The proposed usage rates vary between residential
customers (single and multi-family) and non-residential (low, medium, and high strength
categories) based on strength characteristics for each group. This approach should
provide improved equity in sewer billing.
THE REED GROUP, INC.
PAGE 30
CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
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THE REED GROUP, INC.
PAGE 31
CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
Proposed Sewer Rate Schedules
Exhibit 111-6 presents the proposed sewer rate schedules for the planning period. The
rates shown for July 2011 are based on the cost of service analysis and rate restructuring
described above. Rates for subsequent periods are adjusted to meet the revenue needs
of the utility, as reflected in the financial plan. It is recommended that the City adopt the
proposed rates at least through January 2012, and consider adopting schedules for the
entire planning period. The first two rate adjustments (July 2011 and January 2012) are
critical to bringing the utility to a financially stable condition where it can meet current
financial obligations.
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THE REED GROUP, INC.
PAGE 32
CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
Impact of Proposed Rates on Representative Customer Bills
Exhibit 111-7 summarizes the impact of the proposed sewer rates relative to the current
sewer rates for a variety of "typical" sewer customers. In addition, Exhibit 111-8 provides
additional information on how bills for single family residential customer with various
levels of usage would be affected by the proposed rates.
Any rate structure change will result in changes in customer bills, even when applied in a
revenue neutral situation. All rate structure changes are proposed to occur with the
proposed rates for July 2011. The specific change to an individual customer will depend
on customer class, meter size, and usage characteristics. Subsequent rate increases will
affect all customers equally (on a percentage basis), as no additional changes to the
structure are currently contemplated. In all cases, the proposed rate structure changes
are believed to provide greater equity by improving the distribution of costs across
customer classes, as well as within each class.
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THE REED GROUP, INC.
PAGE 33
CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
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THE REED GROUP, INC.
PAGE 34
CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
Agreement Between City of Santa Rosa and City of Rohnert Park, City of Sebastopol,
South Park County Sanitation District for Use of Santa Rosa Subregional Sewerage
System, dated April 3, 1975, along with 5 amendments thereto
California State Treasure's Office, Local Agency Investment Fund (LAIF) Quarterly
Appropriations Rates (updated quarterly on the State Treasurer's website)
City of Rohnert Park, 2006 Update Public Facilities Financing Plan, prepared by Winzler
& Kelly Consulting Engineers, June 2006
City of Rohnert Park, 5-Year Capital Improvement Program FY 09-10 to FY 13-14,
project descriptions for sewer system projects
City of Rohnert Park, Contention that City Subsidizes Developers with Sewer Rates,
Memo from D. Jenkins to J. Dunn, October 21, 2010
City of Rohnert Park, Ordinance 729 - An Ordinance Amending Title 13 of the Rohnert
Park Municipal Code to Increase Sewer Service Charges (Sewer Use Ordinance),
Un codified
City of Rohnert Park, Ordinance 77 4 - An Uncodified Ordinance of the City of Rohnert
Park Regarding Sewer Service Charges
City of Rohnert Park, Sewer Capacity Charge Analysis, prepared by Winzler & Kelly
Consulting Engineers, November 2006
City of Rohnert Park Sewer System Management Plan, updated January 2009
Engineering News Record, 20-Cities Construction Cost Index, updated monthly on the
ENR website
Manual M6 - Water Meters: Selection, Installation, Testing, and Maintenance, American
Water Works Association
Official Statement: $13,000,000 City of Rohnert Park Sewer System Revenue
Certificates of Participation, Series 2005, May 27, 2005
Revenue Program Guidelines for the Small Community Wastewater Grant (SCWG)
Program, State of California, State Water Resources Control Board, Division of Financial
Assistance
Updating the Sewer Capacity Charge for All Development in the City of Rohnert Park,
City of Rohnert Park Council Agenda Item for August 12, 2008, including Resolution
2008-127
US Bureau of Labor Statistics, Consumer Price Index, San Francisco-Oakland-San Jose,
All Urban Consumers (CPI-U), updated monthly at the BLS website
THE REED GROUP, INC.
PAGE 35
CITY OF ROHNERT PARK
SEWER FINANCIAL PLAN AND RATE STUDY
Information in this Appendix was used as an aid in classifying customers into low,
medium, and high strength user classifications. It is a compilation of data generated from
a variety of sources (state agency, large regional wastewater utilities, etc.) regarding
strength characteristics related to wastewater from a variety of businesses.
THE REED GROUP, INC.
Appendix B
City of Rohnert Park
Compilation of Published Data on Sewer User Strenath Classifications
Proposed Strength (mg/l)
Percent of
Weighted Single
User Classification Description BOD SS Average Family Data Source
Strength Weighting Factor 500/0 500/0
Residential Single Family and Multi-Family 175 175 175 1 000/0 SWRCB
Low I Strength:
Soft Water Service 3 55 29 170/0 SWRCB
Office With Public Access 80 80 80 460/0 SWRCB
Car Wash 20 150 85 490/0 SWRCB
Veterinarian 130 80 105 600/0 Los Angeles
Business Equipment Rental 130 80 105 600/0 Los Angeles
Business Services -- Other 130 80 105 600/0 Los Angeles
Office (Finance, Insurance, etc.) 130 80 105 600/0 Los Angeles
Office (No Public Access) 130 80 105 600/0 SWRCB
Office (Medical Services) 130 80 105 600/0 Los Angeles
Personal Services (Other) 130 80 105 600/0 Los Angeles
Photo & Portrait Stud ios 130 80 105 600/0 Los Angeles
Manufacturing - Textile Mill Products 115 115 115 660/0 Metcalf & Eddy
Schools 130 100 115 660/0 SWRCB
Low II Strength:
Laundromat-Public 150 110 130 740/0 SWRCB
Landscaping Services 150 150 150 860/0 Los Angeles
Amusement & Recreation: Indoor & Out 150 150 150 860/0 Los Angeles
Auto Parking 150 150 150 860/0 Los Angeles
Barber Shop 150 150 150 860/0 Los Angeles
Beauty Shop 150 150 150 860/0 Los Angeles
Church (No Kitchen) 150 150 150 860/0 Los Angeles
Community Center (No Kitchen) 150 150 150 860/0 Los Angeles
Grocery Market (No Butcher or Baker) 150 150 150 860/0 Los Angeles
Health Spa 150 150 150 860/0 Los Angeles
Kennel 150 150 150 860/0 Los Angeles
Malls/Dept. Stores (No Food Svcs) 150 150 150 860/0 SWRCB
Manufacturing (Other) 150 150 150 860/0 Los Angeles
Manufacturing (Apparel & Other Textiles) 150 150 150 860/0 Los Angeles
Manufacturing (Furniture) 150 150 150 860/0 Los Angeles
Membership Organizations 150 150 150 860/0 Los Angeles
Museum/Art Gallery 150 150 150 860/0 Los Angeles
Nursery/Greenhouse 150 150 150 860/0 Los Angeles
Office (Construction) 150 150 150 860/0 Los Angeles
Massage Parlor 150 150 150 860/0 Los Angeles
Retail Apparel and Accessory Store 150 150 150 860/0 Los Angeles
Retail Bldg. (Materials & Gardening) 150 150 150 860/0 Los Angeles
Retail (Packaged) Food (No Sewer Disposal) 150 150 150 860/0 Los Angeles
Retail Furniture & Home Furnishings 150 150 150 860/0 LACSD
General Merchandise -- Retail/Wholesale 150 150 150 860/0 SWRCB
Retail Trade -- Misc. (Except Food/Drink) 150 150 150 860/0 SWRCB
Storage, Warehouse & Outdoor 150 150 150 860/0 Los Angeles
Studio/Recording Sound Stage 150 150 150 860/0 Los Angeles
Theater/Auditorium (No Food) 150 150 150 860/0 Los Angeles
The Reed Group, Inc.
page A-1
Appendix B -- Continued
City of Rohnert Park
Compilation of Published Data on Sewer User Strenath Classifications
Proposed Strength (mg/l)
Percent of
Weighted Single
User Classification Description BOD SS Average Family Data Source
Low III (Residential) Strength:
Convalescent Homes 250 100 175 1 000/0 SWRCB
Hospital 250 100 175 1 000/0 SWRCB
Other Health Services 250 100 175 1 000/0 SWRCB
Transp. & Utilities (SIC 400 through 489) 200 150 175 1 000/0 Metcalf & Eddy
Agricultural Production 150 250 200 1140/0 Metcalf & Eddy
Agricultural Services - Other 250 150 200 1140/0 Metcalf & Eddy
Bar Without Restaurant 200 200 200 1140/0 SWRCB
Restaurant -- Preprocessed Only 200 200 200 1140/0 Los Angeles
Social Services 200 200 200 1140/0 SWRCB
Medium I Strength:
Hotel (No Restaurant) 310 120 215 1230/0 SWRCB
Prison With Food Service 310 120 215 1230/0 Los Angeles
Auto Repair (No Steam Cleaning) 180 280 230 131 0/0 SWRCB
Auto Service Station (No Steam Cleaning) 180 280 230 131 0/0 SWRCB
Agricultural Services -- Animal 350 150 250 1430/0 Metcalf & Eddy
Auto/Vehicle Sales 300 200 250 1430/0 Metcalf & Eddy
Repair Services -- Misc. 250 250 250 1430/0 Metcalf & Eddy
Manufacturing -- Rubber/Plastic Products 200 350 275 1570/0 Metcalf & Eddy
Medium II Strength:
Manufacturing -- Electric/Electronic Equipment 300 350 325 1860/0 Metcalf & Eddy
Manufacturing - Instruments 300 350 325 1860/0 Metcalf & Eddy
Manufacturing -- Fabricated Metal Products 300 350 325 1860/0 Metcalf & Eddy
Manufacturing -- Transport Equipment 400 250 325 1860/0 Metcalf & Eddy
Laundromat, Commercial 450 240 345 1970/0 SWRCB
Transportation -- Bus/Air Terminal 350 350 350 2000/0 Metcalf & Eddy
Medium III Strength:
Malls/Shopping (Including Food Sales) 400 400 400 2290/0 Los Angeles
Manufacturing -- Machine Shops 290 550 420 2400/0 Los Angeles
Manufacturing -- Metal Industry 290 550 420 2400/0 Los Angeles
Manufacturing -- Lumber & Wood Products 431 431 431 2460/0 Los Angeles
Manufacturing -- Stone, Clay, Glass Products 200 700 450 2570/0 Metcalf & Eddy
Reproduction/Mailing Service 500 400 450 2570/0 Metcalf & Eddy
Hotel (With Restaurant) 500 600 550 3140/0 SWRCB
Manufacturing -- Paper/Containers 700 500 600 3430/0 Metcalf & Eddy
Manufacturing -- Printing & Publishing 700 500 600 3430/0 Metcalf & Eddy
Laundry (I ndustrial) 670 680 675 3380/0 SWRCB
High I Strength:
Agricultural Production - Livestock 1 ,200 350 775 4430/0 Metcalf & Eddy
Mortuary 800 800 800 4570/0 SWRCB
Grocery (W/Butcher or Baker) 800 800 800 4570/0 SWRCB
Manufacturing -- Baked Foods 1 ,000 600 800 4570/0 SWRCB
Restaurant/Bar (W/Food Preparation) 1 ,000 600 800 4570/0 SWRCB
Manufacturing -- Beverages 1 ,500 300 900 5140/0 Metcalf & Eddy
Manufacturing -- Paint 1 ,300 1 , 1 00 1 ,200 6860/0 Metcalf & Eddy
Manufacturing -- Other Chemical Products 1 ,300 1 , 1 00 1 ,200 6860/0 Metcalf & Eddy
High II Strength:
Manufacturing -- Dairy Products 2,369 922 1 ,646 9400/0 Los Angeles
Steam Cleaning -- Auto 1 , 1 50 2,150 1 ,650 9430/0 SWRCB
Manufacturing -- Other Food Products 2,213 1 ,453 1 ,833 1 04 70/0 Los Angeles
High III Strength:
Septage 5,400 12,000 8,700 4971 0/0 SWRCB
The Reed Group, Inc.
page A-2
2/22/11 City Council Agenda
ITEM NO.8
OFFICE OF THE INTERIM ASSISTANT CITY MANAGER
City of Rohnert Park. 130 Avram Avenue. Rohnert Park, CA 94928 . [707] 588-2226 . Fax: [707] 792-1876
MEMORANDUM
DATE: FEBRUARY 17/2011
TO: CITY COUNCILI CITY MANAGER
FROM: JOHN DUNN
SUBJECT: RECEIPT AND REVIEW OF THE REPORT OF THE SEWER FUND RATE ANALYST
On February 15th the City Council heard an oral report from Sewer Fund Rate Analyst Bob Reedl
who spoke to the methodology he has used over the last several months to examine the
condition of the CityJs Sewer FundJ its revenuesJ and expenditures. In doing this he has created
a financial model for the Sewer Fund for the next several years as a guide to the City in our
decision making.
The Sewer Fund is an "enterprise fundJJ of the City. It was established and designed to be self-
supportingJ that iSJ its revenues should be sufficient to meet the expenses of the CityJs sewer
operation.
CityJs expenditures for our sewer system operation have four primary components:
· Repair and maintenance to the CityJs collection system of sewer lines and pumpsJ as
performed by our Public Works Department;
· Transport of sewage to the Regional treatment plant owned and operated by the City of
Santa RosaJ and the treatment and disposal (reuse) of wastewater;
· Reimbursement to the City for billing and collection services; and
· Annual bond redemption payments for past Capital improvements to the CityJs sewer
system.
Revenue to the Sewer Fund is primarily the rate charged to the CityJs residential and
commercial users for the provision of this service.
Though the City is responsible for providing this serviceJ because of public health and
environmental protection concernsJ this function is under continuous surveillance by RegionalJ
StateJ and Federal agencies andJ in a case of malfunctionJ heavy fines can be imposed.
The Sewer Fund thus is separate and distinct from the City}s General Fund} which is the source
of funding for most of our City services including general government} Public Safety} including
911} senior and recreation services} parks and public facilities. However} as explained in earlier
documents} there is potential interaction between these two Funds. If the Sewer Fund were
unable to meet its obligations} the City would still have the legal obligation to keep the sewer
system operation going as there would be no other source of back-up funding except the
already-stressed General Fund. This would mean further reduction of services and personnel}
even above the cutbacks of the last two years. This situation is detailed more fully in the
attached Fiscal Impact Report.
This issue} in a sense} is a simple one} one that all of us as homeowners or family members can
easily understand: the Sewer Fund Reserves are about gone and the current income isn}t
sufficient to keep things going} a condition generally described as "going broke.JJ City staff has
done everything in its power to keep the costs of the sewer system as low as possible.
On the other hand} like most municipal issues} there are many concerns and questions} and
because of that} a number of recent documents have been attached for reference.
There are two groups in particular who should be recognized and thanked for the time and
effort they have devoted to studying and preparing information on this issue. The first are the
sixteen Rohnert Park citizens who serve on the City}s Sewer Fund Stakeholders Group} who
have been studying this issue and assisting the staff since last October} and who are committed
to explain this issue to their fellow citizens. Newly-elected Chair Joe Gaffney} Co-Chair Susan
Adams} and Spokesman Andy Durkee and their fellow members may wish to comment. The
other group is the Staff Task Force} consisting of Darrin Jenkins} Sandy Lipitz} John McArthur}
Gabe Gonzalez} and myself.
The primary purpose of this item on tonight}s Agenda is to give Mr. Bob Reed an opportunity to
present his report on the City}s Sewer Fund. This Report is intended to look at the issue in a
factuat objective way. It is a requirement of State law that the City not charge more than
necessary to effectively and efficiently operate the system. The matter is further scheduled for
Council consideration and action on March 8th.
Attachments:
· Staff Report - February 1S} 2011 Council meeting
· Staff Report and Fiscal Impact Report - January 20} 2011
· Questions and Answers
CITY OF ROHNERT PARK
130 Avram Avenue. Rohnert Park, CA 94928 . [707] 588-2226 . Fax: [707] 792-1876
MEMORANDUM
DATE:
TO:
FROM:
SU BJ ECT:
FEBRUARY 15} 2011 CITY COUNCIL MEETING
CITY COUNCIL} CITY MANAGER
JOHN DUNN AND DARRIN JENKINS
WORK SESSION ON SEWER FUND AND RATES
The City works each day with increasingly limited resources to ensure that the sewer system is
properly maintained to contain hazardous waste} spills and leaks of sewage that affect our
community}s health and safety} and the environment. Unfortunately} the City}s Sewer
operating fund} which is meant to pay for all sewer services} currently has an annual deficit of
over $3 million dollars and will have a zero balance by 2012.
The City has already made over $6 million in cuts from our General Fund budget in the past
two years, including eliminating 38 employee positions. The General Fund funds essential City
services such as police and fire} 9-1-1} park maintenance} recreation programs} and
street/pothole repair. If the Sewer Fund reserve is depleted and becomes a drain on the
General Fund - additional cuts will have to be made to essential City services.
In an effort to address the issue of insufficient sewer revenue to cover sewer costs} the City
established a Citizen Taskforce to help develop and recommend solutions to this problem while
Protecting our Health~ Safety~ and Financial Integrity. This Citizen Taskforce is commonly
referred to as the Sewer Fund Stakeholders Group. This group of dedicated local citizens has
been an excellent source of ideas and questions regarding the current problem and suggestions
for potential solutions. Staff continues to work with the group to help inform the residents of
Rohnert Park of current situation and potential solutions.
The Citizen Taskforce selected two to essential elements of the sewer issue:
. Protecting the Health and Safety of residents. The proper transportation and
treatment of sewage is necessary to ensure spills and leaks are prevented and we have a
healthy} safe community.
. Fiscal Responsibility. Delaying repairs and maintenance only increases their cost to City
ratepayers over time} and can result in even more costly repair} fines} or intervention by
Regional} State} and Federal agencies.
We are committed to ensuring that we are able to maintain a safe and healthy sewer system
while protecting the essential City Services our residents depend on - that is why we are
bringing forward updated sewer rates to the Council. The recommended rates will be fiscally
responsible and will bring the sewer fund out of deficit} ensuring we are able to meet out
financial obligations with the lowest impact possible on our residents. Even with an increase}
Rohnert Park will STILL have among the lowest sewer rates in the region.
Assisting the City and the citizens in the rate setting process is Bob Reed from The Reed Group
Inc. (qualifications attached). Mr. Reed has extensive Sonoma County and California experience
with rate setting and the state mandated Proposition 218 rate setting process.
Tonight}s meeting is the first of three meetings with the City Council to discuss the sewer fund
deficit and proposed rates. At this work session} Mr. Reed will explain the methodology and
factors considered in creating a financial model for the Sewer Fund.
Scheduled for the February 22} 2011} City Council Meeting is a presentation of the rate study
and proposed rates for the sewer system.
Scheduled for the March 8} 2011} City Council Meeting is the City Council}s consideration of the
proposed sewer rates and a decision on whether to move forward with the Proposition 218
rate setting process.
Attachments: Chart: Comparison of Sewer Charges in Sonoma County
The Reed Group Inc. Summary and Qualifications
1/25/11 City Council Agenda
ITEM NO. 14
· OFFICE OFTHE INTERIM AsSISTANT CITY MANAGER-
City of Rohnert Park ~ 13G Avram Avenue ~ Roh.oert Park, CA 94928 . [707] 588..2226 . Fax: {I07] 792-1876
M E M 0 RAN.D U M
DA TE:
TO:
FROM:
. SUBJECT:
JANUARY 2012011
CITY COUNCil.. (rTV MANAGER
. JOHN DUNN
FISCAL'IMPACT ANALYSIS OF THE CITY'S- SEWER FUND
The attached Fiscal Impact Analysis-has been prepared to inform the City Council and the City's
. -
citizens aqo'ut ~he situation in regards to the City's sewer fund~ This matter. is complex and
potentially, inte~ac~iv"e with the City"s fiscal condition, with a potential impact on the services
we. pr<;lvide. to our citizens_
. · Rather tlla.n a I~ng staff report, it .was felt best to .answer some questions ~hat are pertinent to
.. ~
, ' . this issue. .At this. .point it~ is suggested that the City Coun~iI receive and accept the attached
Flsc~-1 .I.mpact R~port as .s.ubsequent action '"items will take_ place on February 15th and following
City .Coun~iI meetings..
Q.. What happened two years ago regarding sewer rates?
. I. .- .. .
~.. In 20Q~ ~ group opposing an increase i~ se~er ra~e.s circulated. a. petitio~ a.gainst the.
. ~ Coun,cil-adopted se~er rate increase, and'. proposed to set them back to 2006 rates~
2. . .- As requi red by Prop 218.. City Co u n cil placed th e issu~. (M ea su re l) 0 n. th e b a II ot. It was
. .
approve~ by .~2.8% of the CityJs .electorate which set the City's Sewer Rates back to the
20061eyet
. .
Q.. .What has happened.to the ~ewer Fund since that time?
. I.~ 2008 the Sewer Fund had a .reserve of $12 million, today the Reserve fund is about .$4
. milJ~onl and it ~s pr9jected to be completely depleted by the end of fiscal year 2012.
Q. What is the ~evenue for the Sewer Fund?
It is the sewer rates pa.id for by our residents and oUr bU$inesses and, to a small. degree, charges
.assessed ~gainst .new. deveJopment~. Present annual sewer r~te collection is. .$8.1 miJli9n, and
- our annual sewer program expendit'ures are $11_7 . million. - Therefore, our prese.nt annual
deficit h'l opera~i~g the system .an~_ in .paying the expenses of the sewer system is about $3..-6
million..
- ji
~
Q. What are the expenses of the Sewer Fund?
l~ By far the greatest exp~nse is our share of the Santa Rosa Treatment and Disposal Plant,
about $8 million this fiscal year.
2. Bond redemptionl or annual payment on 2005 Sewer bonds is $8151000 per year.
3. The cost of maintenance and repair of the City's sew~r collection system (pipes and
. pu.mps) afld work done by our Department of Public Works is $1.4 million ~ year.
. .
4. The cost of reimbursing the City's General Fund for the CityJs billi,ng and collection
service .is $1 million/year.
Q.. What are sewer. rates in the other communities in Sonoma County, compared to the rates
in Rohnert Park?
The City has the lowest sewer rates in Sonoma County. (See attached chart).
Q. What is the City doing about this serious situation?
. . .
In Septemb~r th.e City authorized the creation of a citizens' committee} all residents of Rohnert
ParkJ now called the Sewer. Fund Stakeholderls Group. They. have held s~ven meetings to this
date. . The f~rst three of these meetings were .involved in learning about the Ci~y's sewer system
and its revenues and costs (Sewer Fund). During the .Iast four meetings they have turned their
attention to organizing a citizens' information campaign..for. the late winter and spring.
.. .Q.. What is the timetable of this issue coming before -the City Council and. our citizens?
In February we plan to have our sewer .rate analyst present his report and recommendations to
the Council} a"lld the Sewer .Fund Stakeholders Group. will continue thei.r work. In March and.
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. April, the CitYr will comply with the requirements of Propo.sition 2181. which leads up to a
required protest hearing. By February the public, via newspaper articles} will be more fully
aware of this issue.
Q. How is this issue related to the gene~al financial cond.itions of the City?
The City has be~n working very hard over the past two years to correct the City's very difficult
financial condition caused by State takeaways! the effects of the severe recessiC?n, and the
IIstructural deficit/J the difference between. our reduced revenues and our "Continuing
expenditures. We have made substantial.progress towards. reducing our expenditures by about
$6 million over two years~ Today the City has a deficit of $2.4 million in the General FundI stil.l
badl but much betternthan the deficit of almost $6 million two years ago.
The City was greatly assisted by the support of our citizens in approving Measure E last June]
which half-cent increase .in the sales tax produces about $2~8 million. per year in revenue.
Additionally, in August, the City Council approved the pursuit of several new revenue sources}
. some of which will be c9nsidered for adoption in this and the following .year~ So the City's .
General Fund, though it has a long way to go, is in better shape today than it has been in the
past two years. .
Q~ If the sewer rates are not increased, what would be the effect on the City?
First, there would be so many uncertainties and variables that make it .more difficult to give a
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definitive answer at this time. The general answer is that it would have very severe effects on
.the City.
SecondlYI the StateJs Water Quality Control Board} -and other Federal and State agencies, for
reasons of public health and environmental protection, would undoubtedly force the sewer
system to. reIT:Iain in o.peration} so the cost of. operating and maintaining the system would
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continue. .Our present information. is that only sewer rates .can support the annual bond debt
payment} and the General Fund would probably not be forced to meet this obligation.
However] the other ~hree main expenses of the' system (payment to Santa Rosa, p~ying for the
City's collection system} and reimbursement to the General- Fund). would. most likely. become
obligations of the G,enera.1 Fund1.llJeaning the City wo.uJd need to pay an ad~itional $2..5 to $3
million or .more pe~ year.to supp~rt the sewer system ~nd, in order to do it, would have to
make reductions in other services. . .
.It is v~ ry d.i~ic~ It for cities to d e~la re ba n kru ptcy J and a city sti.ll. has to f1leet ce rta i nab ligation 5
even if it does (witness Vallejo); so the- bankruptcYI though. a theoretical possibility, is probably
.not a .viable answ~r~.. And the effects of bankruptcy,. such a ~ultiple I~wsuits, falling..property .
valuesl the :1055 of businesses} and the inability to attract new businesses} are not what any
: community wo.uJd want for itself..
. · . The short and. probably most accurate a"riswer to th.e question would be a severe reduction to
the General Fund with the absolute need to dramatically reduce expenditures and cut services.
Q.II What is the City's basic task as we go further on the .necessary actio~ of raising the Citys
sewer rate?
Our task is to explain and provide information to our residents in an open, transparentl honest,
~nd objective .way, that it is. necessary to raise these rates} and. what the consequenc~s would
be if these rates are not raised~ .Some .have said, in regard to the 2008 propos,ed sewer rate
increase and. subsequent election}: th~~ the. City us~d "scare tacticsl11 whi.ch were neither
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believable .nor effective. While we will do our best to avoid that,. we .wilt h~ve to set forth the
consequences} if the rates are n~t increasedl and these consequence-s are n~t positive for
either the City. or its citizens. On this issue we have to do what we failed to do before, and. .
particularly i.f this issue goes to a vote} which is to explain to our citizens, as we had to do with
Measure E, that what we are proposing is in the best.interest of our citizens.
Q. When will we know what the proposed sewer rate increase will be?
The Cityls sewer rate analyst is working on a sewer rate analysis at the present time and is
making good progress. The basic task is to figure out what the needs of the City's sewer system
are over the next several years, what these items w~1I cost, and to calculate a sewer rate
increase which will support the proper operation of the system.
The City staff and rate analyst have done what they can do in order to reduce these costs and
the resultant rate increase.
Attached are questions and answers prepared by the citizens group, Sewer Fund Stakeholders
Group, which have .been developed as they have deliberated this issue.
Attachments:
· . Fiscal Impact Report
· Questions and Answers
· Graph:. Sewer Rates in Sonoma County.
H:J D/fisca I im pact a na lysis of city" 5 sewe r fu nd
CITY OF ~OHNERT PARK .
. STAFF REPOR.T
TO:. ...
. . City CoUncil .
. City Man~ger
FROM:
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. .. John Dunn, Interim. Assistant City .Manager
DATE:
January 25,.2011 .
SUBJECT:
FISCAL IMPACT OF CURRENT SEWER RATE STRUCTURE.
PURPOSE ...
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.... ..The purpose of this report. is to identify the fiscal impacts ~~ the City's Gene~ Furi~ .and othet.. .
.. ..~ommunity services if the current sewer rates in Rohii~rt Park.._a;re not raised.to a .~Ufficient level.
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... . . RECOMMENDATION
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... .. .. ..... .. -:.It i~ re.co~end~4.that the City C~~cil ~~cept.and fil~.this.FiscaI Impact Rep<?rt.. . .
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. : . .. .: SUMMARy....... : .... :..
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. ..: Ov.er.~ll.. City. Services
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. .Over the .past two years., the City h~ ~a4e over $6 mil1j~n in cuts. from our.. gen~~al ~d. budget.. ... .
. . We. still face an. ~ual.General fund d~ficit of $2.4 mj~liQn, 4ue to. Sacrani~nto ni~ney take-. .:....
. . . .aways and. the. ~e~~ssion. These C\lts hav.~ affected .our ~b~lity ~o provide essential city s~rvice~ .... .
. :. .... ...such as.police 8.Q.d fire~ 9-1-1, par~..mai1it~~ance, recreation programs,. and street/pot~Qle.tepair. .... .... ..
.. ... .. Re.cent cuts .i~cltide:.. .. . . ... : . . .. '. . . . .. .... . . .
.. .... ... .. .. : .City-Reqrie.sted Early retir~inent - 22 city. staIf/se~ice provide~~ are ~~w, gone: . ..... ...
.. .. .. .... O.utri~t Layoffs - 9 full-time service .providers (doe~ not include:.oth~r .s.erVice
. ... P9sitions.which the .City.'lU~ll~ h~d no .choic.e.butto leave:vac~t) .. ... . .. ....... ... .'
. ....:.. :. _ .. . .... ... ~ Neg~~a~~d. salary reducti.ons fOf..all employe~s (Furlough Program) ... ..... ...... ...... .: ... ......
, ..'-.' .. .... : ... .. ... ... ..~C9st sav~gS and effi~~en~ies..by c()I1.so1idati,lg. semces and elimm~ting ~ece~s~. ...
. ..- ..:,... :.. .. .... .,... ...: ..... ()~erb.~.ad .. .... .. .. .. .:.. ....
. .... .. . . .. . ..Reduction in the use of outside ..9onsultants ~d contractors, making. the . City. more. ..
. self-sufficient ..
. .:City's Sewer F~nd
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. ..... .Unfortunat~ly ~~ :r;educed sewer rat~s hav.e not kept.pac~ willi the c.ost o.fproyjding servic~s.and .
.-. .J.~re far belo~.tl?~ ~':lte~. of cities. in our regi~n.. .T~s year.the se~er fund has ~..proj~~t~d ~leij.cit~.. . .. .
:. meaning it" costs -more to provide sewer sem..ces.to. .our.r~siqents.than is generate4 ~y"sewer mtes~
.. . At this rate, _our .sewer reserve .fund..will be. completely gone by 2012;. When this funding is. gone, ..
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. _.- . the City would have. to suspend.non-eSsential s~.werrepairs and.maintenan~e, .~d u~~ General
. .... .Fund monies for. work that cannot be 4elayed~ The City's General Fund supports essential City
.. . .services such as 9-1-1 ~esponse, polic~ and fire .protection, str~et repair, park .mai.oJenance. .
. . Depletion of sewer fund reserves would requir~ the use. of ~e. ge.neral fund,. ~eanin~ .those . ..
: . services presently supported by the general fund such ~ 9-1-1 response, police. and fire.
protection, street repair, recreation programs, park main~enance, etc.., would have.,to .be severely
reduced. .
Rate.Comp~~son~Lowest in.Cc,unty
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Robnert P~k has the. lowest sewer rate~ in the -region.. Within the Santa Rosa system, our sewer
.. ~harges .for.th~ san;te use are half.ofthose in Santa'Ro~a. For an average u~er. Seb~t~pol's sewer .
. . . . . bills are $15. mo~e per month and Cotati' s . are $1 7 more p.er .month, compare.d :to.. Rolu;1ert Park. ..- .
. . Roluiert Park is. .also iower than .oilier n~~by agencies:.. ~e. average. us.er in: Peta1um~, pays. $t 3... . . _: . .
. .. ...:- . 'more.. p.~r monfu ~d ~n Healdsb~g' s they.pay. $32 mo.re per ~,?nth~ . . . .. '. .
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. .......:..:...REDUCTIONIMPACTS .
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. .... .... . . ..... ..At ~e. curr~nt.r~t~s, C?~ sewer func;i.~ ap arm~alope:r;~ting.defi~it of $2~4. riJ.il'ion...Op.~~ the.:.... ... .
. :... . . ... ... . .sewer r~.serYe is us~d, the deficit ~ow.d.fa11 on to the. Ge~er81 Fund, 4ouhling.the .general fund.... ... . .
- deficit and causing the. City to.. have to make further drarilatic r~ductions in .e~sential City sem.ce~ . .
. .s~ch as. 9-1 ~ 1 re~ponse~ police 'and _fire .protection, stre~~ repair, recreation programs; park . ..
.. .. . maintenance, etc.
.. .. ... . . . IMP ACT ON. SERVICE LEVE.LS
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. If there were an addItional $2~4 million .drain on. the general fund, the City would. be forc.ed to
.. . .1J1ake.additio~m se~ice cuts. Unfortunately. because of.the City has alr~ady ~ut s~ve~al tinies in
. . all departments, including the loss of. 3..7 ~~rvice providers, one of the City.' s largest !emaining
~xpenses, p~bli~ s.~ety, would be a:ffect~d.. . .
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. ..:. Due to the City's present financial situation, the .Public Safety. .Special.Enforcement Unit (SED), . -..
focusing on .s~~.off~nders and parole moIJitoring~ has ~eady been: eliminated.
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... Ifa4ditional cut~ c~ot be av.oided,..~e following are the ~uts that wo11ld.have..to.be coi1sider~.d. .. ..
, . .... t~. Public. Safety ~eryices: . .
. ... Eliminate the traffic unit
... .. Eliminat~~e.K..9Urtit.. .
.. .-. . Reduc~ Ute Detectiyes in Investigations Bureau
... Red~c~. Of. clo~e . the. anil~a1 shelter
: .. EI~a~~ Vehicle...Abatetp.ent . .-....... . . .. .
... .. .. Elirilin~te weed abateme~t in fIre division. . .
. ... .tt.,: ..R()tat~ brq.~ out offire..s~ti~ns sQ.that fewer are <?pen.at any give~ time ~'? r~sp.{)n4.~o.. '.:: .
. . : . ... . . .... .:.:. ...... 911.. ~a11s .:. . . '. : . . .. . ... ·
.. . ... ....El~at~ r~~ponse by a Publi~ Safety .Officer t'? the foll~~g calls from citizens (these. .
reports would be, handled only.by web, counter or maiJ):.. .
.6 All cold misdemeanor cri:ples with no.suspect. information, such as:. .
· Lost Property
· . Vandalism .
~ Graffi ti .
· Private Party Accident Reports .
· ID Theft willi. no .suspe~t inforination . .
· V ehicle bt:rr~l~~~ with J?o. suspect information
. ... ... Annoying o~ harassiDg pho~e. calls
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.. .. . . . ,h1 ad<;lition..rep.aiis ~d maintenance to o~ aging sew~r system, comprised of c;,vet.77 miles of
. .. .. . sew~r.pip~,. 3 sewer ~ub stations; and two .3-miles long p~essurized pipes, would h~v~.t~..be:. . .. - ...
..: .. .: .:... .. defe~~cl..furthet. .Del~ying preventatiye. maj.nteilari.ce will drani~tically increa~e $~.~~st.of-repairs _. .
.. . . ...... . . ..... .i~.f4tur~ ye~s. Red~'?tions iil other City ~e:fviceslik~ fuanci~ll..servic~s,.re9~~ati~n.s~rvices'-... ..... : :. .. . ... .
. ... ...... ... ..:..... ...:..S~~etlll~t~~~~~/repair, etc.,. thol:1gh..~~t.pr()ducing ~ gr~t;l~ a.c.osts.avings, ~olIld.,ills<>..'l1a"~.,Jq :.. .
. :. .. ... .. ....:.:. ..: ....be .~.o"llsidered. . ... .... .:... ... .. .... . ... . ..... . .. .. .. .. . . .. .... . .. .
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Comm.unity Frequently Asked.
Questions and Answ:ers
Abo,-t Our.Rohn.~rt P~rk.~ewer System.
.l?.evised as of 1.11.11.. . .
Q: What is the City's financial situation? .
A: Over the past tw<? years, the City bas. made over $6 million m cuts (rom our budget, y~t .~e .still face. cl1~. ~ual
. Ge~eral Fund deficit of $2.4 million, due to S~cramento money grab~ and the. recession~ .l1t~s.~ cuts have ..affecte~
our ability to provide .essential city services such as. police and fire, 9-1-1, park maintenance,- re.c~eation pro~ams,
and street/pothole rep~.
Q: How do sewer infrastructure and operational issues affe~t me? .
A: .We continue to work each day .with in~reas~~ly limited res<?urces to ensure that the sewer'sy.stem provides
adequate. service to residents, which includes ensuring safe treatment for Wastewater in your hom~s, ffiajntaining.
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- . . several miles of se~er pipe to prevent h~dous leaks, and. m~ing upgrades to the sys~em .tq. maintain. proper .. ..
. .sewer capacity and: decrease. environmental h~ds.. .A properly .~aintain~d sewer syst~m protects .our community
.. ~d. the environment from .unhealthy leaks or spills-which can cost the City tens of tJ;1oll:sands of dollars in .
:p~nalties from Regional, State, aild Federal agencies. The City.operates mid.maintains. mil~s. ofs.ewercollection .
:..pipes and participates in the Santa Ros~ regional treatment facility, which regional cooperation ~ffort reduces . .
. costs for all local ag~ncies, including the City ~ .~:~.. .
. . Unfortunately our reduced sewer rates h~ve not kept pace with the c.ost of providing serviqes and are far below -the
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. . ~tes of qther citie~ i~ our. region. This year the -~ewer fund has a projecte~ deficit~Dlean~g it ~o.sts. more to. -. . : . .
.. .. ..... pr~vide sewer seryice.s to our residents than.is ge~erated by se~er r~t~s. At thi~.rate,. our ~~~er_~e~erve..fu~d will.
.. ... be .completely gone by 2012. When this funding. is gone, the City.would have to ~~spend ~~~~~...r~pairs..o~ ...... .....~: .... ..... ..... .
. maintenance, and US~ :<;Jen~ral Fund monie~ .:fo~ the~e .costs. The Citjr~ s General Fund ~upport~ .~ss.ential City....... ... ..
services such as 9-1-~ respot1se~ police ~d :t:ire pi"~tectioi1_ street repair'l.:.recreation prograft:ls~. par~ maintenance~
etc~ lithe sewer system requires the use of the General Fund~ those services would be. redu~ed~. ...
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.. Q: What are the impacts on our .health and saf~ty? .. . . . . .
A: Properly maintaini~g our sewer system keeps ~ontamina~ed wate~ from reaching. our. resideiIt~. and. the. .
. enyironmelJ.t. .Sew~ge ~piIJ~ and leaks ar~ a public health hazard, ~~ con~t with. any \V~ste ~~. ~esults.in seriou.s
illn~ss.. A properly main~med sys~em prev~~ts. spills and leaks.- Unfortunately. with an ag~g systell1 ~d delaye4.
. 'repairs, spills and leaks ~ecome an increas~d risk and can result in ~ens. of thousands of ~o11ars:in" fines .from *~ .
. .. . -..Regional, State, and Feqeral agencies that regulat~ our sewer system. .
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. . .Q:. What has the C~ty do~e to.reduce sewer c.osts? . . . ..
A: The City has reviewed all operating ~xpenditures and kept them to the minimum level necessaty to provide
.:. .t~e legally maQda~ed level of sewer services. The City has postPoned ~pital projects an~ the purchase. of se'Yei '
. _ .. .:eq~ipment. Only the eq~ipment and repairs absolutely necessaty to keep the system ~ctiQning have .been ..... .
. - . .. .purchased, butadditional revenue is still needed for ongoing maintenanc~.and. operations_. ~ust.~ repairs to . your. .
.home can become more cost~y when ignore~, delaying preventative maintenallce.can. dra.nj.ati~aIly.in~reas~. the
: c~st of repairs. .. .. . . . ... ..
:: "Q: How do Rohnert Park's s~wer. rates. eomp~re to. other systems~ .. :.
.. .. A: Rohnert Park has the lowest rates in the region. Within the .Santa.R~sa system, our s~~er charg~s.for.the saine
use are half ofth~se iti Santa Rosa. For an average user Seb~topol's sewer bills are $15 more per month. and
. Cotati' s are $17 more per month.. compared to Rohnert Park~ Rohnert Park is also lower than other nearby.
, agel)cies:.the average user in Petaluma pays $13 m<:>re per month ~d in Healdsburg they.pay $32 more per .
. month.. . . : . . .. .
Questio~s. and Answers
Ab.()ut..--Our R~hnert P.ark Sewer. -Syste~
Revised as 0101.11.11..
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. .. ,Q: What is the City's imancial sitna~ion? ,
A: Over the past two years, the City has made over $6.million in cuts from.oUr budget, yet we ..
. :stilI face an annual General Fund deficit of $2.4" million, due to Sacramento ino~~y_grab~ and. the.
. '. r~cession~ These cuts have affecte~ our .ability to provide es~entia1 city services such ~ police . ~
~d fire, 9-1-1, park maintenance, recreatiQn prograins, and- ~h:eetJpothole repair...,. .
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Q,: Ilow do sewer infrastructure ~Dd operatio.nal issues affect me? . . __ _ _.. . .
,A: We continue to work. each day With incteas~gly.limi~ed.~sources to ensure ~atthe ~e~er
.- '.syste:rp.'provides .adequate serv~ce.to r~siderits,. which ~clildes' ensuQng safe ~~a~ei1t :for.. : . "
- .. . wastewaiei-iit.yolir hbmes; maititairiing ~evefaJ. mile~ ~f sew~r pipe to prevent ~dous l~s~
. _ ' . $d mat.ang upgra~es. to the syste~ to. ~ta.itl proper sewer c~I?acity.. arid de~rease . '.. .' . .
~ 0- -. ..:.. . . envirorrrl)e~tal .hazards.. . A. properly m8iritained. .s~Wet s.ys:t~m p~ot~~tS" our cottmj~ty, and tJ:te. "
' .... ,enyiromnent.from U$ealthy leaks .or.spills~which can cOSt-~e-~ity t.ens.. o.rt4<?us~ds of d.Qllais
~ .pen~ties fro~ Regiorial, Sta~~, -an4 Federal agencies~o ~4~ Cio/ operat~s. ~d. m$~s" miles. of
- .'." ".se~~f coIle~ti~~ pipes .anq" p~cip~es -~ th~ S~ta Rosa ~egionaI ~e~~ent facilio/" :~~c~.: ... .'" . + '
, o. --, --.:.-..0 0: ,~ .Umorhm~t~ly-owreduced "sewer J;~t~s have.not kept pa~e With_tl;1e..cQstofprovldmg -~~iYIge~..~d. . . .
.~:: - '. - .~'.'.~e f~ l;~l~w ~~ Omte"s Qf other. ciries ili..Q~~rew(ui.~. ,This year.$e- sewef.~d ~~>~a pt;~j~~~~d~:~-. '~.': .'.~:'. .~.- - .._ - . . .'
,-- , :.,':- - . ~.-' ,:.dttici~~$eamng_~t c.q~ts mpre to .proVi4~~ sewer- serviges. t9 our ~esiderits ~than. i~ geiie~3:t~d ,by,.:, . -.. .. ..
--: : '- ..~ .se~er rates. At ~~' rate, our $.e.w~r-r~~rVe fund'will be completely gone..by .20)~~ W1Ie~ ~s : .
-.. ,: funding. is gon~, the City woUl4..have.to sUspend s'~Wer-rei>airs,or nia~tenan~~) ~d ~~:G~ne~ .
- -. '-.0: .. Fti(IdJl1onies fo!.these'cost.s. The Ciiv's-Ge~eral Fwid SUDDorts essential City. services.s~c~.as 9- "
. ... 1-1 respo~s~'t- -poIJ-ce 004 ~l!e protection~. sn:ee~ reDair~ 'recreanOil. progr~s~ park-~~~~n~c~~"et.c.
o .lf~e sewe~ syst~~ reauires the use of~e Ge~eral Fund. ~ose se~~;ce~ 'Y~.u~d b~-,~~u~~,d.~... .. :.'. ..
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.Q: . "What are the impacts on OU~ ~eai~h and'.safety? .. _ _. _ '..:
. _- - -. . .A: ~roperly_main~g our se'Yer sys~m.keeps conta.rnma~ed w~ter fr~m'..re~c4ing,-.~ur J;~s~4e~ts. .. .
_ .-. '1lld the enviroiunent.: Sewage spills and leak;rare a public health-hazard,.~ contact Wi~O,,~y" .'.. . .. . .~ ."
,- - . ,waste. can results in serious iIJp.ess. A pr<?perly ma~~ed system.prevents. spills _~d Ie~. ".,.. ."
Unfortunately with an aging system and deI~yed repai~s, spills' mid le~s beCome an incr~~ed
-' risk and'~an res~t i~ ten~ ofthous~ds of doll3(s in. fIDes_from the Regional; State, ~d ~ederaI
· ....... -', ~encies that regQlate our sewer-system. ,'"
Q:. How .do Roh_ilert Park's sewer_rates'.'compare t~ other systems? ... .
, .A: Robnett Park has the l~west rates in the re~on. Within the- Sap.t~ Rosa system, o~ se'Y~
o 0 - . . charges for the same use are. half of ~ose i~ Santa Rosa. For an av~rage user Seba.stoool' s sewer
~ bills are ~ 15 more oer month and Cotati' s are $17 more ner month, compared to Ro~ert Park~.. .."
- ~ 0 ~ohnert P~k-is also lower th~ other nearby agen~ies: the aver~ge us~r ~P: Petaluma pays.$13 . ..
- .' more per month an~ ~ H~aIdsbUrg they nav $32 more per month. ' "
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Q: Is the City conside.ring increasing its sewer rate~?
. A: Yes. To ensure fiscal responsibility and a way to addr~ss these n~eds the ~ity has. .
. _. established a Citizens Stakeholder Group .of 17 members who have been studying :these . issues to
. m.ake a recommendation on how best to proceed. The Group will also solicit ~otiununity. .
feedback on the process and keep tlle community info DlJ.e d.. The City of Rohnert Park currently .. .
.has the lowest sewer rates in the region -only half of what rate payers in Santa Rosa pay.
Q: What. dC)es this ~ean to our City's rmancial futli~e?
.. A: Without additional revenue our fin~cial condition will be very .unstable, exposing the City .
: and its taxpayers to potentia11itigation, fiiles, and intervention by State and. ~~deral ~gencies.
..The City has. a mandated legal obligation to provide safe, healthy sewer services. .Without .
. . updating our rates we will be forced to utilize General Fund money, causing further dramatic
. cuts to essential City services such as the 9-1-1 respon~e, police and frre protection, str~et repair,
. ...se.nior service~, and parks and recreation programs. our residents rely. on. In addition the. City' s
. ratings with f~cial institutions will continue to be .downtnadedtt as they have .been recently-
.. ~osting residents millions in additiorlaI intereSt on future bo~ds.
. .
. Q: How did we get in this. situation? .
. A: The Measure L initiative was .approved by voters in 2008. This required the City to. roll back
.. . its sewer rat!es to 2006 levels. The resultmg loss of revenue is .approximately $4 milli~n....per year~
.. . . . Similar toll-back initiatives have been defeated in other communities such as ~eta1uma and. ..
. .. Sacrament9.. .W.e are now experiencing the severe fiscal effects resulting from :the p~sage of. .
. ....MeaSure .L. . .. .
. .
. .
.Q: ..:What ha~ tJt~.City done to r~duee s~w~r costs? . _ . .... . <. .. . .
. .A:. Th~ CitY has reviewed all operating ~xpenditures and kept them to. the tllinim~ level. ...: .:._ ... ...: . ...:.
. ... ~ece.ssarY t("p~ovide :the legally i?1and~t~d level of:sewer .s~rvices. The CitY h~ postponed ..>:.. ::. ~.. ...... . :....
.: -. ......... . ~apital project~ ~4 the purchase of sewer ~quipment.. Oilly the. .~quipment and ~ep~s..absol\ltely .. . ..
. . ..~.e~ess~ to lceep the system. functioning have .been p~cha~ed~ 1?ut .additional r~venue. is still... ..... :... ... .. . .
. ... .needed for o~going maintenance. and (>perations.. Just as repairs to your home. caD. .beco~e.ltl()~e
: .. costly when ignored, delaying preventative maintenance. can dramatically increase. the cost of .
repairs ~ .
- .. Q: Are. there .otber ways we can c~t co~ts so we don't have to implement new.rates? .
. . .:~:. Unfo:rtutiat~ly., no. Sewer rates are the source.ofrevenue to the SewerFund and ~wrently.the . . ..
. .. . rates do not. meet the cost .of oper~tion. We have done, and will continue t<? do ev~rything 'Ye.. ...' l
. ..can to keep the costs of operation down~ We have cuts costs and reduced- staff wb.~rever po~sible..
. . . .
.:...'But many of the op~rational costs are fixed: two examples are the cost ofp8.rticipatio~1n the. .'. ..
.. regional tre~tmen~ facility is fixed based ?n. the City's. .use of it .~d our annual bond payments ..:.
.... ..a.r~ fixed costs.
. .
. . .. Q: Why doesn't th~ City pay for. the deficit from the General Fund? . .
A: The G.eneral fund is what pays fQr the essential City services our community .reli~s on - .
._ . .police. and fire ~ervices, street r~pair and maintenance, parkS and recreation, etc. The reserves in
.. the .Ge~eral F~d are nearly depl~ted an4 ~e City is presently operating at an annual. defi.cit of...
. : '-$2,400,000... .. ... . . ...
The. City has dramatically cut the budget. oyer the past two years., cutting servic~s i~ A.LL. .. ..
departments, ~eatly reducing staff-from 191 employees in 2008 to 153 employees today, and
all employees have taken salary cuts. In short, the General Fund c.an'trealistically help the
.Sewer Fund. without substantially making additional cuts to .already substantjally .redu~ed . .
.. .. : ~ssential City services such as police and fIre services, which constitute th~ l~g~~t" Gen~ra1 f,un4
. . _... .~xpense. ... . .
. .
. .
Q: We just passed Measure E.- cali't these funds be used to pay for sewer? .
. : A: The rev~nue generated by Measure E is being used to . c.ontinue. to provide vital.services to
.the public, incJ~lding 9-1-1 response, police, fIfe, street repairs,. senior actiyities, parks and. ..
... . recreation pro.grams, all of which are funded.by the General F~d. Ifwe were to use Measure E .
revenues and the City's General.fOOd for sewer purposes, the City would haye no..chqice but to
make serious cu~s in existing services, which have already been.cut over the past two years.
Q: Can sewer funds be taken by the State?
A: No. All ratepayer revenue is leg.ally required to stay in RQhnert Park, and can only be spent .on . .
.. .. .. our sewer syst~ms. Sacramento cannot ~e these funds. .
- .
. .Q: Do.es Sonoma State University hav~ its own system? .
. :A: Partially~ In. th~ early 1960's the City and the University .entered into an agre~~ent, still in. .
. . : effect, whereby the University w~uld build its own sewer facilities on the c~pus,. anq the City ..
. . ._.would,transport it to the regional treatrn~nt and dispos~ facility. At the pre~ent tim~ the. ,. ..... ..... ...
... .University pays its fair share of s.ewer c.osts.. Given the situation that the City has.-no niaintenance . ..
. . responsibilities. on the SSU: campus, we believe that th~ City and the Univers~ty pre~ently have.a. .
. . .... :..... fai~ ~ap.gem~~t;. Whic~ may hay~ to be fe-examined in ~e fu1:lI!e. as the umv~J;sity.~6\yS.~~ ...: ..:.....:. .... .. .
. .
.. . .
. ... . .:Q: Do developers pay the ~osts for ~ew home.s that ar, b~ilt? . . . . .....
.: . ..:: ~:. ...yes. I?evelopers pay for th~ cos~.~f s~~er pipeline.s to serV~ the111.. an<l.f~r ~.o~~~:.to.~:xp~4. tlJe. ...... . .
. . s.ewer treatment plant. As an .example, the ~ewer capacity fee .f9.f a new home i~ app~o}{itnately .. .. ..-.. ...
-. ... . . $22,650 per .ne~ single family home.. . . . .., .
.. .... .Q: Are we subsidizing developers? .. . . .'
. . A:. No. For many years the City has been committed to the. policy that new deyel~pment must.. ... :
..... p.ay"its own way. Because of this, the City has worked to develop fee and.assessment.dis~ct: ...... :
. -
. . .
. _ .. programs for proposed new development to ensure that new. de:v~lopment pays. its f~: share for.. .. .
- .. :.. . City sewer facilities. The purpose of the City's .Public F~cilities Financing. Plan -is to help us .. ._:.. ... .
. . . .
. .. . calculate fair-share costs for new devel<?pment.
f
. 1
Q: Did we build the two. new pipelines to. a~sist developers? .
. . .. .A: The two new major pipelines were built to accommodate all local residents an~ growi.Jig
.., ~emand-the costs were apportioned to new and older.residents in direc~ relati~n to ~e. ~apacity .
: ... .. . they use-t~ere was no distinction between.older.and newer h~mes. ... . ... ... .:...
.. ... .Q: Why did the City just give a grant ~f over .$800,000 to. .Sonoma Mountain Busines.s _
Cluster? ..
. . ..
A: The Sonoma Mountain Business Cluster is local non~profit that creates IOf?al jobs through it'.s . .
Small Business Incubator which fosters the creation of new local small blisinesses and the jobs .
. they .create. These funds .came fro~ th~ City's Redevelopm~nt Agency---.:...because..of.state la-w ..
these, funds can ~n1y be used for redevelopment purposes, they can p.ot be used for other City
services or for the s~wer system.
Q:. Would the ~ity benefit if aU prjv.ate parties.. we~e metered.? ... .. ..
. A: All. resi4~~~j~ CJD.d cotp1l1ercial prqpe:r;ties are already m~te~ed in Rohn~rt ~~k~. How~yer,. . . .
. .. . :.Within .certain mobil~. home parks and JI~meowner Asso.ciations, the owne~s hav~ chQse.n to. have
. .8 master met~r over individual meters.. The rates. paid.to th~ CitY are the. same. under either .., . .... . ..
. .. . situati9n. The City does not .financially b.enefit from providing sewer servic~ though it. does..
~tte111pt to c9y~r its cpsts through !at<?s and developer fees.
. . .
. . . .
. .
. .
. Q: Why haven't we seen the drainatic negative impaet~ of Measure L th~t we .wer~ told
would happen? ... ... . .
A: Ov~r the last few years the . City has worked 10 stretch "~llars and tighten bel~ to avoid any
major issues with the sewer system~ In doing so the Sewer fund reserves,. which are traditionally
in. place to proyide funds for emergency projects, have been spent down. Th~ugh th~ negative .
~ffects. .have been avoided to date, we ~e just 6-18 .months away from the tune ~~en the sewer _
fund (eserve runs out. of money.
. ..
. .
. ... . . I .
. -
. . .
. . .
. .
. .
.. . . .
Agenda Packet Preparation TIMELINES for Regular City Council Meetings {This section for City Clerk Use Only}
held on the 2nd & 4th Tuesdays of each month:
. Resolutions (other than standard formats for authorizations and approvals), Ordinances &
Agreements to Assistant City Attorney via email for review and approval as to form DUE no 02/22/11 CITY COUNCIL
later than NOON Three (3) Mondays prior to Council meeting date
. Agenda items to City Manager via email for his review and responding ..email authorization", AGENDA ITEM NO.9
synchronized with above timeframe of Assistant City Attorney review, and an email copy to
the City Clerk for drafting agendas
. Agenda Items with attachments via email and a total of twenty (20) complete hard copy sets
with 2 sets single-sided & 18 sets double-sided/stapled to City Clerk DUE no later than
NOON Two (2) Fridays prior to Council meeting date
. Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later
than Tuesday morning One (1) week prior to Council meeting date
. Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on
Thursday afternoon One (1) week prior to Council meeting date in compliance with
Rohnert Park Municioal Code Section 2.08.020 and related Resolution No. 2008-173
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
Meeting Date: February 22,2011
Department: Development Services
Submitted By: Darrin Jenkins, PE, Director of Development Services/City Engineer
Submittal Date: February 9,2011
Agenda Title: An Ordinance of the City of Rohnert Park Repealing Chapter 17.18, "Public Art," of
Title 17, "Zoning," of the Rohnert Park Municipal Code and Repealing Resolution
No. 2007-51, "Approving and Adopting Public Art Ordinance Guidelines"
Requested Council Action: Waive Full Reading and Adopt Ordinance No. 835 Repealing Chapter
17.18 of the Rohnert Park Municipal Code (Public Art Ordinance No. 785) and Adopt Resolution No.
2011-15 Repealing Resolution No. 2007-51.
Summary: City Council requested a review of development fees. At its meeting of January 11,
20 11, council supported staff recommendation to adopt an ordinance repealing the Public Art
Ordinance No. 785 and accompanying Resolution No. 2007-51 which levies a 1 % fee on certain new
development projects for public art. Council also directed staff to revisit the issue of public art
requirements as a developer impact fee when the Rohnert Park unemployment rate is less than 6% for
at least six months (or another time period), and to continue to incorporate public art in public places
with City projects.
Ordinance No. 835 was introduced at the council meeting of February 8,2011. This is the second
reading of proposed Ordinance No. 835 to repeal Chapter 17.18 of the Municipal Code.
Council is also being asked to consider the adoption of Resolution No. 2011-15 that would repeal
Resolution No. 2007-51. Resolution No. 2011-15 shall become effective upon the date Ordinance No.
835 becomes effective.
Enclosures: Proposed Ordinance No. 835 and proposed Resolution No. 2011-15
CITY ATTORNEY'S REVIEW:
Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney.
CITY MANAGER'S RECOMMENDATION: ( ) Consent Item
(X) Approval ( ) Public Hearing Required
( ) Not Recommended ( ) Submitted with Comment
( ) Policy Determination by Council
( ) City Comments:
(X) Regular Time
(Revised 031309) JH:TG-S:05-b
ORDINANCE NO. 835
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
REPEALING CHAPTER 17.18, "PUBLIC ART," OF TITLE 17, "ZONING," OF THE
ROHNERT PARK MUNICIPAL CODE
WHEREAS, on April 10, 2007, the City Council adopted Ordinance No. 785, which
added Chapter 17.18, Public Art, to the Rohnert Park Municipal Code;
WHEREAS, on March 27,2007, the City Council adopted Resolution No. 2007-51
approving and adopting Public Art Ordinance Guidelines;
WHEREAS, Chapter 17.18 requires new development with a construction cost over
$500,000 to contribute 1 % of the project's construction cost toward public art by either paying
an in-lieu fee or by funding an on-site public art installation;
WHEREAS, in 2010 the City Council requested a review of all development fees; and
WHEREAS, on January 11, 20 11, the City Council reviewed the Public Art fee and
concurred with staff s recommendation that given current economic conditions the Public Art
ordinance and its accompanying resolution should be repealed.
NOW, THEREFORE, the City Council of the City of Rohnert Park does ordain as
follows:
SECTION 1. Chapter 17.18, "Public Art," of Title 17, "Zoning," of the Rohnert Park
Municipal Code is hereby repealed.
SECTION 2. Compliance with California Environmental Quality Act. The City Council finds
that this Ordinance is not subject to the California Environmental Quality Act ("CEQA")
pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines because it has no potential for resulting in
physical change to the environment, directly or indirectly.
SECTION 3. Severability. If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it should have
adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that anyone or more sections subsections, sentences, clauses or phrases
be declared unconstitutional.
SECTION 4. Effective Date. This Ordinance shall be in full force and effective thirty (30) days
after its adoption and shall be published and posted as required by law.
This ordinance was introduced on February 8,2011, and DULY AND REGULARLY
ADOPTED by the City Council of the City of Rohnert Park on , 2011,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF ROHNERT PARK
Mayor
RESOLUTION NO. 2011- 15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
REPEALING RESOLUTION NO. 2007-51, APPROVING AND ADOPTING
PUBLIC ART ORDINANCE GUIDELINES
WHEREAS, on April 10, 2007, the City Council adopted Ordinance No. 785, which
added Chapter 17.18, Public Art, to the Rohnert Park Municipal Code;
WHEREAS, on March 27,2007, the City Council adopted Resolution No. 2007-51
approving and adopting Public Art Ordinance Guidelines;
WHEREAS, Chapter 17.18 requires new development with a construction cost over
$500,000 to contribute 1 % of the project's construction cost toward public art by either paying
an in-lieu fee or by funding an on-site public art installation;
WHEREAS, in 2010 the City Council requested a review of all development fees; and
WHEREAS, on January 11, 20 11, the City Council reviewed the Public Art fee and
concurred with staff s recommendation that given current economic conditions the Public Art
ordinance and its accompanying resolution should be repealed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that Resolution No. 2007-51, Approving and Adopting Public Art Ordinance Guidelines, is
hereby repealed.
BE IT FURTHER RESOLVED that this resolution shall become effective upon the
date Ordinance No. 835 becomes effective.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park this 22nd day of February, 2011.
CITY OF ROHNERT PARK
Mayor
ATTEST:
City Clerk
Agenda Packet Preparation TIMELINES for Regular City Council Meetings
held on the 2nd & 4th Tuesdays of each month:
. Resolutions (other than standard formats for authorizations and approvals), Ordinances &
Agreements to Assistant City Attorney via email for review and approval as to form DUE no
later than NOON Three (3) Mondays prior to Council meeting date
. Agenda items to City Manager via email for his review and responding ..email authorization",
synchronized with above timeframe of Assistant City Attorney review, and an email copy to the
City Clerk for drafting agendas
. Agenda Items with attachments via email and a total of twenty (20) complete hard copy sets
with 2 sets single-sided & 18 sets double-sided/stapled to City Clerk DUE no later than NOON
Two (2) Fridays prior to Council meeting date
. Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later
than Tuesday morning One (1) week prior to Council meeting date
. Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on
Thursday afternoon One (1) week prior to Council meeting date in compliance with Rohnert
Park Municinal Code Section 2.08.020 and related Resolution No. 2008-173
{This section for City Clerk Use Only}
2/22/11 City Council Agenda
ITEM NO. 10
RESOLUTION NO. 2011-16
&
ORDINANCE NO. 836
(Introduction)
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
Meeting Date:
February 22, 2011
Department:
Administration
Submitted By:
Submittal Date:
Theresa Smith, HR Analyst
February 9, 2011
Agenda Title:
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
(CaIPERS) CONTRACT AGREEMENT
Requested Council Action: (1) Approve Resolution of Intention to Approve an Amendment to the
City's Contract with CaIPERS; and (2) Introduce an Ordinance
Authorizing the Contract Amendment
Summary:
The City's contract with CalPERS provides the 2.7% at 55 retirement formula for our miscellaneous
member employees. Per negotiated agreements between the City and all bargaining units last year,
effective July 1, 20 11, the City will provide a reduced retirement formula to miscellaneous member
employees hired on or after July 1, 2011. The new retirement formula for this group will be 2% at 55.
This will reduce the City's CaIPERS' costs over time. This change in retirement formula does not affect
current miscellaneous member employees nor our employees in the safety member group who have the
3% at 50 retirement formula. To implement this change, the City must now amend its contract with
CaIPERS. CalPERS requires that the City Council adopt a resolution of its intention to approve an
amendment to the City's contract with CalPERS and, at least 20 days later, adopt an ordinance
authorizing the contract amendment. Assuming the City Council introduces the ordinance on February
22, 20 11 and adopts it on April 12, 20 11, the effective date of the contract amendment would be July 1,
2011. All miscellaneous member employees hired on or after July 1,2011 would be subject to the 2% at
55 retirement formula. This action has no effect on the CalPERS benefits for current employees or those
hired prior to July 1, 20 11.
Enclosures: Resolution No. 2011-16
Ordinance No. 836
Amendment to CalPERS Contract
CITY ATTORNEY'S REVIEW:
Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney.
CITY MANAGER'S RECOMMENDATION: ( ) Consent Item
(X) Approval ( ) Public Hearing Required
( ) Not Recommended ( ) Submitted with Comment
( ) POliCY Determination bY council
( ) City comments:
(X) Regular Time
_ RESOLUTION NO ~ 2011-16
RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BElWEEN TH-E .
BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
CITY OF ROHNERT PARK
WHEREAS, the Public Employee's' Retirement Law permits the. participation of public
agencies and their employees in the Public Employees' Retirement System
by the execution of a contract, and- sets forth the proced ure by which said
public agencies may elect to. 'subject themselves · and their employees to
· amendments to said- Law; and
WHEREAS, one of the step~ in the procedures to amend this. contract is the adoption
by the governing body of the public agency of a resolutio.n' giving notice of
its-' intention, to approve an amendment to said contract, 'which resolution
shall contain ~ summary of the change proposed in said cont~act; and
WHEREAS, the following isa statement of the proposed change:
To provide Section 20475. (Different Level of Benefits)
.Section 21354 (2010 @ 55 Full formula) is applicable to local
miscellaneous members entering membership for the first
time in the miscellaneous classification after the effective.
, date of this amendment to contract.
. -
NOW, THE-REFORE,. BE IT RESOLVED that the governing body of the above agency
does hereby give notice of intention to approve an amendment to the
contract between said. public agency a.nd. the Board of Administratio'n of the
Public Employees' Retirement System, a cop.y of said amendment being
attached hereto, as an IfExhibitlf and by this reference made a part hereof.
Title
Date adopted and approved
(Amendment)
CON-302 (Rev. 4/96)
EXHIBIT
California
Public Employees' Retirement System
.
AMENDMENT TO CONTRACT
Between the
Board of Administration
California publ..ic Employees' Retirement System
and the
City Council
.City of Rohnert Park
~.
The Board of Administration, California Public Employees' Retirement System,
" hereinafter referred to as Board, and the governing body of the above public agency,
" .hereinafter referred to as Public Agency, having entered into a contract effective July 1,
"1965, and witne"ssed May 17,1965, and as amended effective August2, 1972, October
1, 1977, January 1, 1980, June 1, 1987, March 1, 1990, February 14, 1992, June 27,
1992, July 1, 1997, July 1, 1998, October 25, 2002, July 1, 2007 and July 1 , 2008 which
provides for participation of Public Agency in said System, Board and Public Ag.en'cy
hereby agree as follows:
A. Paragraphs 1 through 13 are hereby stricken from said contract as executed
effective July 1, 2008, and hereby replaced by the following paragraphs
. numbered 1 through 15 inclusive:
1 . All words ~nd terms used herein which are defined i~ the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. _"Normal retirement age" shall
mean age 55 for local miscellaneous members and age. 50 fpr local safety
members.
r-j }' f"t r- ~ ~ r~ t, !\, t'1 ~j ~ f rl r~ ~ :I' E1-:. ;./" ~ ~ ~ ,~.......~ ~ ,....~..... I........-~ :1. ~ ~I t. ;'. I~ ~
t-., I ...... t.. >. ~'-' i.- ~ f ~ ~ I!.: \} ~ ~ ~.., - ~ j. :t ~ ~ ...........~ ~ } ~ ~ y ~... '+~, ,-/ ~ ,~ ~.. I j
, t... t_l 1 ~wJ L- u U it. ~J V 1 ~1 ~ \{ < .l\( ! j D ~ 1 U rt~ L)
2. Public Agency shall participate in the Public Employees' Retirement
System from and after July 1, 1965 making its employees as hereinafter
_provided, members of said System subject to all. provisions of the Public
Employees' Retirement Law except such as apply only on election of a
contracting agency and are not provided for herein 'and to all amendments
to said Law hereafter enacted except those, which by express provisions
thereof, apply only on the election of a contracting agency.
3. Public Agency agrees to indemnify, defend and hold harmless the
California Public Employees' Retirement System (CaIPERS) and its
trustees, agents and employees, the CalPERS Board of Administration,
and the California Public Employees' Retirement Fund from any claims,
demands, actions, losses, liabilities, damagesJ judgments, expenses and
costs, including but not limited to interest, penalties and attorneys fees
that may arise as a result of any of the following:
(a) Public Agency's election to provide retirement benefits,
provisions or formulas under -this Contract that are different than
the retirement benefits, provisions or formulas provided under
the Public Agency's prior non-CaIPERS retirement program~
.(b) Public Ag~ncyfs election to amend this Contract to provide
retirement benefits, provisions or formulas that are different than
existing .retirement benefits, provisions or formulas.
(c) Public Agency's agreement with a third party other than
CalPERS to provide retirement benefits, provisions, or formulas
that are different than the retirement benefits, provisions or
formulas provided under this Contract and provided for under
the California Public Employees' Retirement Law.
(d) Public Agency's election to file for bankruptcy under Chapter 9
(commencing with section _901) of Title 11 of the United States
Bankruptcy Code and/or Public Agency's election to reject this
Contract with the CaJPERS Board of Administration pursuant to
section 365, of Title 11, of the United States Bankruptcy Code
or any similar provision of law.
(e) Public Agency's election to assign this Contract without the prior
written consent of the CaIPERS' Board of Administration.
(f) The termination of this Contract either voluntarily by request of
Public Agency or involuntarily pursuant to the Public Employees'
Retirement Law..
F'.~ t.., [/\ S E [j G ~IJ Olfi S ~ (; r\l u E}(}~~! [1 Iwr (J f'.J ~. ~\./ ~ ~
(g) Changes sponsored by Public Agency in existing retirement
benefits, provisions or formulas made as a result 'of
amendments, additions or deletions to California statute or to
the California Constitution.
4. Employees of Public Agency in the following classes shall become
members of said Retireme.nt Systt?m except such in each such class as
are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
c. Employees other than local safety members (herein referred to as
local miscellaneous members).
.5. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employe.es shall not become
,members of said Retirement System:
NO ADDITIONAL EXCLUSIONS
6. Prior to January 1, 1975, those members who were hired by Public
Agency on a temporary and/or seasonal basis not to exceed 6 months
. were excluded from PERS membership by contract. Government Code
Section 20305 supersedes this contract provision by providing that any
such temporary and/or seasonal employees are excluded from PERS
membership subsequent to .January 1, 1975.
7.. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment before and not on or after July 1,2007 shall be determined in
accordance with Section 21354 of said Retirement- Law subject to the
reduction provided therein' for Federal Social Security (20k at age 55
Modified and Full). .
8. The percentage of final .compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment on or after July 1, 2007 and not entering membership for the
first time in the miscellaneous classification after the effective date of this
amendment to contract shall be determined in accordance with Section
21354.5 of said Retirement Law subject to the reduction provided therein
for Federal Social Security (2. 70/0 at age 55 Modified and Full).
p' ~ f\ SED 0 f\ t-nT (\ f n ~., "-'t,,1t H n f"'J'" ~~ >'. q It .To"."
~. L tJ-t Kg : f\1 U W i ti i \t t}\fl1 0 i J U PJ L. y' ,
9.. The percentage of final compensation to be provided for each year of
credited current service as a local miscellaneous member entering
membership for th_e first time in the mi.scellaneous classification after the
effective date of this amendment to contract shall be determined in
accordance with Section 21354 of said Retirement Law (2% at age 55 and
Full).
10.. The percentage of final compensation to be provided for each year of
credited prior and current service as a local safety member shall be
determined in accordance with Section 21362~2 of said Retirement Law
(30/0 at age 50 Full).
11. Public Ag"ency elected and elects to be subject to the following optional
provisions:
a. Section 21573 (Third Level of 1959 Survivor Benefits).
b. Section 20.965 (Credit for Unused Sick Leave).
c. Section 21335 (50/0 Cost-at-Living Allowance) for those" local
miscellaneous members and local safety members entering
membership in the miscellaneous or safety classification on or prior
to July 1 , 2008.
d. Section 20042 (One-Year Final Compensation).
e. Section 21024 (Military Service Credit as Public Service).
f. Section 20903 (Two Years"Additional Service Credit).
g. Section 21027 (Military Service Credit for Retired Persons).
h. _Section 21023.5 (Public Service Credit for Peace Corps,
AmeriCorps VISTA, or AmeriCorps Servjce)~
:.~'~t. L. E~ P\2; E 0 0 :\i tJ T ;3: C~ r"~! u i:)(}'1 U3 ~ T (j ~\~ ~, -~"..:-^ ,
L Section 20475 (Different Level of Benefits). Section 21335 (50/0
Annual Cost-af-Living Allowance Increase) is. applicable to local
miscellaneous and local safety members entering membership for
the first time in the miscellaneous or safety classification after July
1,2008. .
Section 21354 (20/0 @ 55 Full formula) is applicable to local
miscellaneous members entering membership for the first time in
the miscellaneous classification after the effective date of this
amendment to contract.
12. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
13. Public Agency shall also contribute to said Retirement System as follows:
a.. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21573 of said Retirement
.Law. .(Subject to annual change.) In addition, all assets 'and
. liabilities of Public ~gency and its employees shall be pooled in a
.single account, based on term insurance rates, for survivors of all
local miscellaneous members and local safety members.
b. A. reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering ~aid System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law.
c. A reasonable amount, as fixed by the Boar~, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
14. Contributions required of Public Agency and its employees shall be
subject to adjustme~t by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation ,required by said Retirement Law. '
15. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or less than the correct amount of
contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances.. Adjustments- on account of
errors in contributions required of any employee may be made by direct
payments between the employee and the Board.
B. This ame(ldment shall be effective on the
^'7
BOARD OF AD)mg~TRA TION .
PUBLIC EMPLOY~RETIREMENT SYSTEM
~~.~
VA,
. '10
BY - #~.
.. () ..
LORI MCGARTLAND, CHIE1t~,
EMPLOYER SERVICES DIVISION.
PUBLIC EMPLOYEESJ RETIREM~:~T SYSTEM
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CITY COUNCIL
CITY OF ROHNERT PARK
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BY.~ X ~~A
PRE$'~11NG OFFICER
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Attest:
Clerk
AMENDMENT ER# 587
P ERS-CON.. 702A
ORDINANCE NO. 836
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE
CITY COUNCIL OF THE CITY OF ROHNERT PARK AND
THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, does hereby
ordain as follows:
Section 1.
That an amendment to the contract between the City Council of the City of Rohnert Park and the
Board of Administration, California Public Employees' Retirement System is hereby authorized,
a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a
part hereof as though herein set out in full.
Section 2.
The Mayor of the City Council of the City of Rohnert Park is hereby authorized, empowered,
and directed to execute said amendment for and on behalf of said Agency.
Section 3.
This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration
of 15 days from the passage thereof shall be published at least once in The Community Voice, a
newspaper of general circulation, published and circulated in the City of Rohnert Park and
thenceforth and thereafter the same shall be in full force and effect.
This ordinance was introduced on the 22nd day of February, 2011, and DULY AND
REGULARLY ADOPTED this day of , 2011, by the following
roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor
APPROVED AS TO FORM:
City Attorney
EXHIBIT
California
Public Employees' Retirement System
.
AMENDMENT TO CONTRACT
Between the
Board of Administration
California publ..ic Employees' Retirement System
and the
City Council
.City of Rohnert Park
~.
The Board of Administration, California Public Employees' Retirement System,
" hereinafter referred to as Board, and the governing body of the above public agency,
" .hereinafter referred to as Public Agency, having entered into a contract effective July 1,
"1965, and witne"ssed May 17,1965, and as amended effective August2, 1972, October
1, 1977, January 1, 1980, June 1, 1987, March 1, 1990, February 14, 1992, June 27,
1992, July 1, 1997, July 1, 1998, October 25, 2002, July 1, 2007 and July 1 , 2008 which
provides for participation of Public Agency in said System, Board and Public Ag.en'cy
hereby agree as follows:
A. Paragraphs 1 through 13 are hereby stricken from said contract as executed
effective July 1, 2008, and hereby replaced by the following paragraphs
. numbered 1 through 15 inclusive:
1 . All words ~nd terms used herein which are defined i~ the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. _"Normal retirement age" shall
mean age 55 for local miscellaneous members and age. 50 fpr local safety
members.
r-j }' f"t r- ~ ~ r~ t, !\, t'1 ~j ~ f rl r~ ~ :I' E1-:. ;./" ~ ~ ~ ,~.......~ ~ ,....~..... I........-~ :1. ~ ~I t. ;'. I~ ~
t-., I ...... t.. >. ~'-' i.- ~ f ~ ~ I!.: \} ~ ~ ~.., - ~ j. :t ~ ~ ...........~ ~ } ~ ~ y ~... '+~, ,-/ ~ ,~ ~.. I j
, t... t_l 1 ~wJ L- u U it. ~J V 1 ~1 ~ \{ < .l\( ! j D ~ 1 U rt~ L)
2. Public Agency shall participate in the Public Employees' Retirement
System from and after July 1, 1965 making its employees as hereinafter
_provided, members of said System subject to all. provisions of the Public
Employees' Retirement Law except such as apply only on election of a
contracting agency and are not provided for herein 'and to all amendments
to said Law hereafter enacted except those, which by express provisions
thereof, apply only on the election of a contracting agency.
3. Public Agency agrees to indemnify, defend and hold harmless the
California Public Employees' Retirement System (CaIPERS) and its
trustees, agents and employees, the CalPERS Board of Administration,
and the California Public Employees' Retirement Fund from any claims,
demands, actions, losses, liabilities, damagesJ judgments, expenses and
costs, including but not limited to interest, penalties and attorneys fees
that may arise as a result of any of the following:
(a) Public Agency's election to provide retirement benefits,
provisions or formulas under -this Contract that are different than
the retirement benefits, provisions or formulas provided under
the Public Agency's prior non-CaIPERS retirement program~
.(b) Public Ag~ncyfs election to amend this Contract to provide
retirement benefits, provisions or formulas that are different than
existing .retirement benefits, provisions or formulas.
(c) Public Agency's agreement with a third party other than
CalPERS to provide retirement benefits, provisions, or formulas
that are different than the retirement benefits, provisions or
formulas provided under this Contract and provided for under
the California Public Employees' Retirement Law.
(d) Public Agency's election to file for bankruptcy under Chapter 9
(commencing with section _901) of Title 11 of the United States
Bankruptcy Code and/or Public Agency's election to reject this
Contract with the CaJPERS Board of Administration pursuant to
section 365, of Title 11, of the United States Bankruptcy Code
or any similar provision of law.
(e) Public Agency's election to assign this Contract without the prior
written consent of the CaIPERS' Board of Administration.
(f) The termination of this Contract either voluntarily by request of
Public Agency or involuntarily pursuant to the Public Employees'
Retirement Law..
F'.~ t.., [/\ S E [j G ~IJ Olfi S ~ (; r\l u E}(}~~! [1 Iwr (J f'.J ~. ~\./ ~ ~
(g) Changes sponsored by Public Agency in existing retirement
benefits, provisions or formulas made as a result 'of
amendments, additions or deletions to California statute or to
the California Constitution.
4. Employees of Public Agency in the following classes shall become
members of said Retireme.nt Systt?m except such in each such class as
are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
c. Employees other than local safety members (herein referred to as
local miscellaneous members).
.5. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employe.es shall not become
,members of said Retirement System:
NO ADDITIONAL EXCLUSIONS
6. Prior to January 1, 1975, those members who were hired by Public
Agency on a temporary and/or seasonal basis not to exceed 6 months
. were excluded from PERS membership by contract. Government Code
Section 20305 supersedes this contract provision by providing that any
such temporary and/or seasonal employees are excluded from PERS
membership subsequent to .January 1, 1975.
7.. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment before and not on or after July 1,2007 shall be determined in
accordance with Section 21354 of said Retirement- Law subject to the
reduction provided therein' for Federal Social Security (20k at age 55
Modified and Full). .
8. The percentage of final .compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment on or after July 1, 2007 and not entering membership for the
first time in the miscellaneous classification after the effective date of this
amendment to contract shall be determined in accordance with Section
21354.5 of said Retirement Law subject to the reduction provided therein
for Federal Social Security (2. 70/0 at age 55 Modified and Full).
p' ~ f\ SED 0 f\ t-nT (\ f n ~., "-'t,,1t H n f"'J'" ~~ >'. q It .To"."
~. L tJ-t Kg : f\1 U W i ti i \t t}\fl1 0 i J U PJ L. y' ,
9.. The percentage of final compensation to be provided for each year of
credited current service as a local miscellaneous member entering
membership for th_e first time in the mi.scellaneous classification after the
effective date of this amendment to contract shall be determined in
accordance with Section 21354 of said Retirement Law (2% at age 55 and
Full).
10.. The percentage of final compensation to be provided for each year of
credited prior and current service as a local safety member shall be
determined in accordance with Section 21362~2 of said Retirement Law
(30/0 at age 50 Full).
11. Public Ag"ency elected and elects to be subject to the following optional
provisions:
a. Section 21573 (Third Level of 1959 Survivor Benefits).
b. Section 20.965 (Credit for Unused Sick Leave).
c. Section 21335 (50/0 Cost-at-Living Allowance) for those" local
miscellaneous members and local safety members entering
membership in the miscellaneous or safety classification on or prior
to July 1 , 2008.
d. Section 20042 (One-Year Final Compensation).
e. Section 21024 (Military Service Credit as Public Service).
f. Section 20903 (Two Years"Additional Service Credit).
g. Section 21027 (Military Service Credit for Retired Persons).
h. _Section 21023.5 (Public Service Credit for Peace Corps,
AmeriCorps VISTA, or AmeriCorps Servjce)~
:.~'~t. L. E~ P\2; E 0 0 :\i tJ T ;3: C~ r"~! u i:)(}'1 U3 ~ T (j ~\~ ~, -~"..:-^ ,
L Section 20475 (Different Level of Benefits). Section 21335 (50/0
Annual Cost-af-Living Allowance Increase) is. applicable to local
miscellaneous and local safety members entering membership for
the first time in the miscellaneous or safety classification after July
1,2008. .
Section 21354 (20/0 @ 55 Full formula) is applicable to local
miscellaneous members entering membership for the first time in
the miscellaneous classification after the effective date of this
amendment to contract.
12. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
13. Public Agency shall also contribute to said Retirement System as follows:
a.. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21573 of said Retirement
.Law. .(Subject to annual change.) In addition, all assets 'and
. liabilities of Public ~gency and its employees shall be pooled in a
.single account, based on term insurance rates, for survivors of all
local miscellaneous members and local safety members.
b. A. reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering ~aid System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law.
c. A reasonable amount, as fixed by the Boar~, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
14. Contributions required of Public Agency and its employees shall be
subject to adjustme~t by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation ,required by said Retirement Law. '
15. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or less than the correct amount of
contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances.. Adjustments- on account of
errors in contributions required of any employee may be made by direct
payments between the employee and the Board.
B. This ame(ldment shall be effective on the
^'7
BOARD OF AD)mg~TRA TION .
PUBLIC EMPLOY~RETIREMENT SYSTEM
~~.~
VA,
. '10
BY - #~.
.. () ..
LORI MCGARTLAND, CHIE1t~,
EMPLOYER SERVICES DIVISION.
PUBLIC EMPLOYEESJ RETIREM~:~T SYSTEM
.,. .....~ ^
. ~<):~~)..
#/ .~
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(" f.. ./i /
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day of
CITY COUNCIL
CITY OF ROHNERT PARK
.~/
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~<<-9
BY.~ X ~~A
PRE$'~11NG OFFICER
V~1
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v/:
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Witness Date v ~),.
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Attest:
Clerk
AMENDMENT ER# 587
P ERS-CON.. 702A
CITY OF ROHNERT PARK
.2/22/11 CITY COUNCIL AGENDA
ITEM NO. .1.1
C.OMMISSION/COMMITTEE/BOARD
APPOINTMENTS
. Attached are .Fact Sheet Applications received to date for Council
. consideration of nominations and ap.pointments to advisory
bod.ies for .current vaca.Dcies or terms expired .December 31, 2010
as listed oil .the agenda. .
Fact Sheet Applications
Received for these Vacancies
Are on File and Available for
Public Review During
Normal Business Hours at the
City Clerk's Office
130 Avram Avenue
Rohnert Park
(707) 588-2225
Agenda Packet Preparation TIMELINES for Regular City Council Meetings {This section for City Clerk Use Only}
held on the 2nd & 4th Tuesdays of each month:
. Resolutions (other than standard formats for authorizations and approvals), Ordinances &
Agreements to Assistant City Attorney via email for review and approval as to form DUE no 02/22/11 CITY COUNCIL
later than NOON Three (3) Mondays prior to Council meeting date
. Agenda items to City Manager via email for his review and responding ..email authorization", AGENDA ITEM NO. 12
synchronized with above timeframe of Assistant City Attorney review, and an email copy to
the City Clerk for drafting agendas
. Agenda Items with attachments via email and a total of twenty (20) complete hard copy sets
with 2 sets single-sided & 18 sets double-sided/stapled to City Clerk DUE no later than
NOON Two (2) Fridays prior to Council meeting date
. Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later
than Tuesday morning One (1) week prior to Council meeting date
Meeting Date:
Department:
Submitted By:
Submittal Date:
Agenda Title:
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
February 22, 20 11
Development Services
Darrin Jenkins, PE, Director of Development Services / City Engineer
February 17,2011
Consideration of Sonoma County Water Agency (SCWA) FY 2011/12
Budget-Council Direction to Water Advisory Committee
Representative for Advisory Vote
Requested Council Action: Provide direction to Rohnert Park's Water Advisory Committee
Representative on how to vote on Fiscal Year 2011/12 Budget for Sonoma County Water Agency.
Summary: The City of Rohnert Park is the retail supplier of municipal water within the city limits.
The City purchases wholesale water from the Sonoma County Water Agency (SCW A). At the
February 8, 2011, City Council Meeting representatives of SCW A made a presentation to the City
Council on their proposed budget and wholesale water rates for Fiscal Year 2011/12. At that time the
City's WAC representative asked that an item be placed on the next council agenda seeking direction
for the WAC advisory vote on the budget.
A five percent rate increase is proposed, primarily due to reduced deliveries of 4% and increased
costs related to a federal biological opinion relating to the protection of endangered species. SCW A
is reducing other operating expenses by 3 %.
The water contractors' Technical Advisory Committee (staff) unanimously recommended adoption of
the proposed budget on January 10th. The water contractors' Water Advisory Committee (electeds)
received a presentation on the budget on February 7th and are expected to consider the budget on
March 7th.
Enclosures: Power Point Presentation by Sonoma County Water Agency
CITY ATTORNEY'S REVIEW:
Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney.
CITY MANAGER'S RECOMMENDATION: ( ) Consent Item
( ) Approval ( ) Public Hearing Required
( ) Not Recommended ( ) Submitted with Comment
( ) Policy Determination by Council
( ) City Comments:
(X) Regular Time
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[This Section for City Clerk Use Only] .
City of Robnert P~rk
2/22/11 City Council Agenda
ITEM NO. 13.A.l
City ofRohnert Park. 130 AvraolAvenue.~ Robnert Park, California 94928
Phone (707).588~2226. Fax (707) 792-1876. ~~rpcity~org
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RO lINE RT PARK CITY' COUNCIL ECONOMIC DEVELOPMENT COMMITTEE
SPECIAL MEETING NOTICE AND AGENDA
'. Thursday,:February 10,.2011, 8:00 a.m.
. City Hall Conference Room l-E
130 Avram Avenue, Rohrit;rt Par~ California
I .
Committee Members: Gina Belforte, Mayor
Pam Stafford, Council Member
City Staff: Gabe Gonzalez, City. Manager: .
.... . . 'Call'to.' .Order
1. Public' Comments
. .
. . 2.," Meet~g with. Oerard.' Guidi~e, former President.California Restaurant
. '. .... ....Asso.c~ati.~D, to discuss pot~~tial eco~o.mic development activities
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AdjoUrDDle:nf - .
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Any .writfugs (lr d'o:CumentS .rehlted to items of busmess ref~rred to on this Agenda that are subject to disclosure and
subml~d to . the meDl:bers'. 9f the Econo~ic Development Committee after distribution of the ag~nda packet will be
availabl~. for public. inspection in the' City M~aget's Office at 130 Avram- Av~nue, Rohnert P~k, CA dwing normal
bUsiness hours. ..
Di~abled Accommodation: If you have a disability which requires ari acco1l1D)odation,. an. alternative .format, or another
person to assist yo~ while attending this meeting, please contact (707) 588-2226 as sopn as possible to ensUre
~gements for a~commodation. ..
. .
[This Section for City. Clerk Use. Only]
. ..Ci~ ofRobDert"Pat~. ..
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2/22111. City. Council Agenda
ITEM NO. 13.A.2
.. '....... . ,.' .RO~R!PARK'CITYC<?~C~L':. .: _. .....
. . ...:-..... .. ..:. :-'.' .,-.." ". .... W~'fF;~ ISS~S_. c.Q~rI~E..: .' ....... :..' .'.:-.. .. '... . . - ..
.'. . ' . . '.,' .n '. . ... .. ::.. u: :,:.. .. ... '.:...: .:.:..:; '.' :.:.' ',' :'..:' :.: .'. .' ..., .' ::'.. ..... . :'.: .:,:._:.: .;. :.. ~ ~:~~i~l: -m'~e.~I;..'. ~ oti.~.~.: ~n~., '. . . '. -. .'. ....._ .' .... :::. ......:._:.:..."" ... . ,. .."" .... ::.._: .
. .
. AGENDA
. '. . Tu~sday, Feb~ary 15, 2011,.8~30'AM; .
Robnert Park City Hall Council Chambers'
. 130 A v ram Avenue
Committee Members:
Gina Belforte, Mayor
Jake Mac~~nzie, Council Membe~
City Staff: '.. .... .. ...-. . :'. .'John D~oo, Interim Assistant City ~anager . . _'
'. . .....:. .:' '.'_ . .. . . :... . . . _ . . .' .' Darrin J~nkins, .Director .of pevelopment Services I CitY E~g~~e~' .
.'. .': .. ..... Jo~ MC~l1:f; Director of Public W,?rl:cs & Connilunity .Senri~es': .
.... :~.'::. ". . "'_" ..... .'. ..... . ... .. .. .. ... :.... Eyd~e Tac~~ Management Analyst
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- .. .. .
....... ., ..... ...:::...:.8:3()~ ..:.: ..:',: ...........~.G~AR..SES~_Q~.~ Qpen to Public. . - .
. ~......, . .....'.:.. ..::<.::.:.......:..:. ':. ..... ....\' Call to.. Order .... -...... - - .: .:..:" .
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- .
I .
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. I ...... .. . .
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....:. :.. ......... .:..':' .,-,:.: ...........:..-=.................. .....1. ... ...:: rublic..C.o~e1)ts,.if~y. ,.
..:.... .: . :'. .... . . ..?_ . .: S01.1?~a...~.<?uri~..~~ter Agency. Update .
.3. .. :. . Sewer Rates. . . .. .
4.. .
2010..Urbm:- W~ter Management PIM .
::-. ..... SB..7x7 ~ompli~ce.20% redu~ti?n by.2020
.. . s. .. :: .Santa Ro.~a r1aiti l.!SGS Groun~water Study. .
6. .. Santa Rosa Plain Grouildwater Management Plan
7. .... .. Robnert p~~ Staff Update .
..8. :. Additional Co~~en~s, if any.' : .
. _.... d.. .9.. Adjournment
r i.
Posted in accordance. with state law.
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. Any writings or .document~ related to items of business referred to on. this Agenr!a that are'subject to d~sclosure and .distributed .
with' the agenda or .handed out at the me.eting .will be available for public inspection in the City MatiagerJ~ Office..at 6750 .
. C;ommerce Bou!evard, R.ohnert Park, CA durtng normal business hours. . .. .
. .
. .
. .
. pisabied Accom~odation." lfyou have a disabiUty which requires.an interp~eter or other'person to assist ~(J~ .whUe attending
, . this .mee.ting, p~e.~e. ~9ntl!ct (707) 588..2226 at le~.t 72 ~ours p~ior to the I'!'eeting. tp ensure acc()ml'!l.f:!da~i~~~ . . .:..: ' :'..:.' .. . .' :. .....
. . ~~--.......-. . -
[This Sect~t;Jnfor City Clerk Use Only]'
'.. '. . '. ~i~ ~fR.ohntrt. Pi,~k' . . .
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2/22/11 City Council: Agenda. .
. ITEM NO. 13.B.l
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. . .' . .... Cii},-"pfR9hri~rt park · J~O'Avr~. Ay~Iiue,.' R91W~rt P~k,':Cfllifo111j~..5?4.~~8.'.. . .
. ...-- . ..... '.' ..... .:..:.....:...>...:.......;.~;.:.:.<::;..:. ::.... f..:.....:....:... :.....:p~~~~.(7071.:~.3.~~~~26. ....f.~:.(70?}.792-1.87~.~.:~~rpc~ty.org... ...... .'.: ':.>',.-_.'..:, ....'..:. :'. :.:..:..........:...... .... ..:.... ." .
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. . .' .... -' . ROIINE~T .P AllK CITY .COUN~ILuIU:VENUE.. E~.CEMENT .CO~IrTEE' -'. .
, .... . . . . ..... . :',.' . '.' ...... ....-...:.. 'S.PE'CIAL ~E.TmG. 'NOTIC~'ANl> AGENDA .'. . . ."
. .
. Thursday,- FeJ>J1I:ary 17, 2011, 9:30 a~m. .
Ci1y Hall Conference Room 2-A
. 130 Avram Ayenue, Rohrtert Park, California
Committee Members: Jake Mackenzie, Vice Mayor .
. . .... :.'. 'Jo~~~~ Callinan, Council M~~b~r' . .
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. ..' . City .~~aff:. '-' .
Gab~iel G-on~lez, City M~ager . .
Sandy Lipitz, Director of AdlJlinistrative Services . .
. - . I
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. ...' . Call' to .Order
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. .'. ':.' '.' :' '. :': .....:-.. ..... :.......~...: .'Pul)li~ ~omments'.'.:.: . .
... . .... : . . ... . . .. . . .
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:'. .... .' ... '. ." .:.... .... '.......:... .....3~,....Vp~~~~ ~.~.lVJeasure E'.'
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. ........ 4.:.. Other matters .... .
'. ::" : _ '.:.A~jQ~.~n~~~.t. .
. ........ .' . . .' . . ~ " ~ . .... . '... '. . .. '~I "- . '. .
. . . , ~M' ~',I . . .' . , . . · .' ,.I" . . ~ . . .. ..' ..4 ... ...... . . ~.lj~J, ~~. .. .
:. ~j/'\Vriiings" or d~cuments related to items of business referred. to on thi~ ,Agenda that are subject to. disclosure' and' .'
. ~ubmitted - to ,the riIemQe~ of .the Revenue ~nhancement Committee. after . distribution of $e .agenda pack~t will be
available .for pul?li~ insp~~tioniJ;1 the City M~ager's. Offic.e.at l30 AVr~ Ayenue, Rolme~ Par~. ~A during n~rm~l . . .
. buSitiess' hours.
, ..
.. ...
. Disab le~ Accommodation:' . If you' have a d~sability which requires ~. ~cconllnodation, an .alte~ative ~ormat, . or another'
. . pe~on to. assist yo~. wnile ~ttending ~is' meetiitg,- {'lease confact (707) 588-2226 as soon a~. PQ~s~ble'..'.'to. ..el1s~~ .'
arrangements for acco~od~tion. . . ..: .
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". . '.' ~os~edthislst...day~(.F~bruarY,2011
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City of Rohnert Park
2.22.11 Agenda
Item No. 14
COUNCIL COMMUNICATIONS
February 22, 2011 Meeting
Jerome Ghigliotti, Jr.
Cindy Young / Resident
Brandon Davidge / DPS and City Manager response
Phone 10
Jo
David Grabill, Attorney
Virginia Boettner / Resident
3.
4.
5.
6.
7.
Affordable Housing Linkage Fee
Requests City to support her notification to PG&E that she does not
ive ermission to install "Smart Meters."
Requests Rohnert Park become a Rule of Law city
Contracting Police services through Sheriff's Department-against
Contracting Police services through Sheriff's Department-against
Contracting Police services through Sheriff's Department
In favor of contracting. He's a former law enforcement agent.
Contracting is cheaper. City of Sonoma loves it and is better
serviced. Do what's ri ht for the Cit not the union.
2/14/11
2/15/11
2/15/11
2/12/11
2/16/11
8.
9.
10.
11.
All listed communications
are available for public review
during regular business hours
at the City Clerk's Office
Rohnert Park City Hall
130 Avram Avenue
(707) 588-2225