HomeMy WebLinkAbout2012/09/11 City Council Agenda PacketMission Statement
"We Care for Our Resitleuts by Working Together to
Build a Better Community for Totlay and Tomorrow. "
City of Rohnert Park ♦ 130 Avram Avenue ♦ Rohnert Park, California 94928
PHONE: (707) 588 -2227♦ FAX: (707) 792 -1876 ♦ WEB: www.rpcity.or2
ROHNERT PARK CITY COUNCIL
Rohnert Park Financing Authority (RPFA)
Successor Agency to the Community Development Commission
JOINT REGULAR MEETING AGENDA
Tuesday, September 11, 2012
Open Session: x5:00 p.m.
MEETING LOCATION: CITY HALL - COUNCIL CHAMBER
130 Avram Avenue, Rohnert Park, California
The Rohnert Park City Council welcomes your attendance, interest and participation at its regular
city meetings scheduled on the second and fourth Tuesdays of each month at 5:00 p.m. in the
Council Chamber. City Council/RPFA agendas and minutes may be viewed at the City's website:
www.rpcit,�org.
PUBLIC HEARINGS: Council /RPFA 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 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 of Rohnert Park at, or prior to the public hearing(s).
SIMULTANEOUS MEETING COMPENSATION DISCLOSURE (Government Code & 54952.3):
Members of the City Council receive no additional compensation as a result of convening this joint
meeting of the City Council and the Rohnert Park Financing Authority.
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 AT THE END OF THIS AGENDA
ANNOUNCEMENT: Please turn off all pagers, cellular telephones and all other communication
devices upon entering the Council Chamber. Use of these devices causes electrical interference with
the sound recording and TV broadcast systems.
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.
City of Rohnert Park Joint Regular Meeting Agenda September 11, 2012
for City Council/Rohnert Park Financing Authority /Successor Agency Page 2 of 5
1. CITY COUNCIL/RPFA /SUCCESSOR AGENCY JOINT REGULAR MEETING -
CALL TO ORDER/ROLL CALL
(Ahanotu_ Belforte_ Callinan Stafford_ Mackenzie_)
2. PLEDGE OF ALLEGIANCE
Led by Kylie Lunders, Evergreen Elementary School student
3. DEDICATING MOMENT OF SILENCE IN MEMORY OF 9/11
4. PRESENTATION
A. Proclaiming Saturday, September 22, 2012 Russian River Cleanup Day
B. 50'x' Anniversary Update
5. STUDY SESSION: PLACEMAKING- CENTRAL ROHNERT PARK
Discussion of Placemaking in Central Rohnert Park, including the planning efforts to
implement the FOCUS Grant - Priority Development Area Grant (PDA Grant), SMART
Station (SMART) and State Farm property revitalization, and potential transportation
projects consistent with Metropolitan Transportation Commission's One Bay Area Grant
program
A. Staff Presentation
1. FOCUS Grant — Priority Development Area
2. State Farm Revitalization
3. SMART Station
4. Potential Transportation Projects
B. Questions
C. Public Comments
D. Council Discussion/Direction
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.
7. CONSENT CALENDAR
All items on the Consent Calendar will be considered together by one action of the City
Council and/or the Rohnert Park Financing Authority and Successor Agency to the
Community Development Commission, 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 Council Special Meeting — August 22, 2012
2. City Council /RPFA/Successor Agency Joint Regular Meeting — August 28, 2012
B. Acceptance of Reports for:
1. City Bills /Demands for Payment dated September 11, 2012
2. City - Cash Report for Month Ending July 2012
City of Rohnert Park Joint Regular Meeting Agenda September 11, 2012
for City Council / Rohnert Park Financing Authority /Successor Agency Page 3 of 5
C. City Council Resolutions for Adoption:
1. 2012 -100 Approving Amendment of the Conflict of Interest Code (Biennial
Review of the Conflict of Interest Code)
2. 2012 -101 Authorizing and Approving Agreement with Sonoma County for
Election Services
3. 2012 -102 Approving the Job Descriptions and Salary Ranges for Utility Billing
and Revenue Manager, Accounting Supervisor, and Accountant
4. 2012 -103 Approving, Authorizing, and Directing Execution of a Release of
Supplemental Regulatory Agreement and Declaration of Restrictive
Covenants Relating to the Rancho Feliz Mobile Home Park
5. 2012 -104 Authorizing and Approving Agreement with the State of California,
California Technology Agency for Providing Internet Service to the
City's Data Network
D. RPFA Resolution for Adoption:
1. 2012 -01 Approving, Authorizing, and Directing Execution of (A) Directions
to Redeem Prior Bonds Issued by the Authority to Assist in
Financing the Rancho Feliz Mobile Home Park and the Las Casitas
de Sonoma Mobile Home Park (Together, the "Projects ") and (B)
Releases of Certain Regulatory Agreements and Declarations of
Restrictive Covenants Recorded on the Projects in Connection with
the Issuance of the Prior Bonds
Council MotionNote
8. PUBLIC HEARING (NOT BEFORE 6PM) ADOPTION OF AMENDMENTS TO
BUILDING PLAN CHECK AND INSPECTION FEE SCHEDULE AND
PLANNING FEE SCHEDULE
Consideration of approving new fees, minor adjustments, and administrative corrections
to Building Plan Check and Inspection Fee Schedule and Planning Fee Schedule
A. Staff Report
B. Public Hearing
C. Resolution for Adoption
1. 2012 -105 Approving Amending Building Plan Check and Inspection Fee
Schedule and Planning Fee S chedule
a. Council Motion/DiscussionNote
9. PUBLIC HEARING (NOT BEFORE 6PM) ADOPTION OF AMENDMENTS TO
CERTAIN PROPOSED COMMUNITY FACILITIES USER FEE SCHEDULE
Consideration of approving adjustments to the Community Facilities User Fee Schedule
for use and participation in community service events, programs, and facilities
A. Staff Report
B. Public Hearing
C. Resolution for Adoption
1. 2012 -106 Approving the Modified Recreational Facility Rental and Program
Fee Schedule and Superseding Resolution 2010 -27
a. Council Motion/DiscussionNote
City of Rohnert Park Joint Regular Meeting Agenda September 11, 2012
for City Council/Rohnert Park Financing Authority /SuccessorAgency Page 4 of 5
10. SONOMA COUNTY LIBRARY COMMISSION AD HOC COMMITTEE
APPOINTMENT
Council consideration of City representative appointment to the Sonoma County Library
Commission Ad Hoc Committee to review the Joint Powers Agreement
A. Staff Report
B. Public Comment
C. Council Discussion/Direction /Action
11. STANDING COMMITTEE / LIAISON REPORTS
This time is set aside to allow Council members serving on Council committees or on
regional boards, commissions or committees to present a verbal report on the activities
of the respective boards, commissions or committees on which they serve. No action may
be taken.
A. Standing Committee Report
1. Waste & Recycling, 9/11 (PS /AA)
B. Liaison Reports
1. Health Action Committee, 9/7 (AA)
C. Other Reports
12. 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.
13. MATTERS FROM /FOR COUNCIL
14. 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.
15. CLOSED SESSION
A. Recess to Closed Session in Conference Room 2A to Consider:
1. Conference with Legal Counsel- Anticipated Litigation.
Significant exposure to litigation (Cal. Gov't Code section 54956.9(b)(1)): (Two
cases).
B. Reconvene Joint Regular Meeting Open Session In Council Chamber
C. Mayor's Report On Closed Session (Government Code § 54957.1)
16. ADJOURNMENT
*NOTE: Time shown for any particular matter 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
City of Rohnert Park Joint Regular Meeting Agenda September 11, 2012
for City Council/Wohnert Park Financing Authority /Successor Agency Page 5 of 5
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. Any item raised by a member of the public which is not on the agenda
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.
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 -2227 at least 72 hours prior to the meeting to ensure arrangements for accommodation
by the City. Please notify the City Clerk's Office as soon as possible if you have a visual impairment
requiring meeting materials to be produced in another format (Braille, audio -tape, etc.)
CERTIFICATION OF POSTING OF AGENDA
1, Carrie Willis, Deputy City Clerk for the City of Rohnert Park, declare that the foregoing agenda for the
September 11, 2012, Joint Regular Meeting of the Rohnert Park City Council /RPFA was posted and available
for review on September 6, 2012, at Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, California
94928. The agenda is also available on the City web site at www.rpcity.or2,
Executed this 6 °i day of September, 2012, at Rohnert Park, California.
Carrie Willis, Deputy City e
COURTESY AGENDA
09/11/2012
Connie Bolmeier
Rohnert Park - Cotati Regional Library
6250 Lynne Conde Way
Rohnert Park, CA 94928
SSU
butkiewi(a)_seawolf.sonoma.edu
Rohnert Park Patch
rohnertpark(a)patch.com
Press Democrat
ieremy.hay(a?pressdemocrat.com
Joe Ripple
ioe@schellineerbrothers.com
TCC Construction Coalition (all
agendas)
Keith Ripple
Keith 9ncbeonline.com
TCC Construction Coalition (all
agendas)
Ripple
TCC Cons tion Coalition (all
agendas)
Kylie, Rebecca, and Scott Lunders
214 Alma Avenue
Rohnert Park, CA 94928
CITY COUNCIL SPEAKER CARD,
Date:
�� Z� %!/ Agenda Item #:
'"'' ''
Name: 04.1 W
Address: 5715 DA; �
Phone: 0-1
TOPIC: GA 9,WZ) V1
Brief Summary of Comments:
" /VW/ See Reverse —�
Item 4A
Vrocla att"On
A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
Proclaiming September 22, 2012
RUSSIAN RIVER CLEANUP DAY
WHEREAS, the Russian River is Sonoma County's premier natural resource, providing water for
agriculture, wildlife, recreation, residential and industrial uses; and
WHEREAS, the Russian River is internationally known for its beauty and recreational amenities and has
attracted millions of visitors to Sonoma County; and
WHEREAS, efforts are now underway to restore and enhance this once world -class steelhead stream; and
WHEREAS, tons of trash, junk, and debris are annually dumped into the Russian River and along its banks,
damaging both the aesthetic and biological qualities of the river; and
WHEREAS, the Russian River Watershed Cleanup Committee, a project of the Sonoma County
Conservation Council, has for 25 years sponsored a massive volunteer river cleanup effort each September,
and asks that volunteers from all nine cities and the County of Sonoma sign up to help with the effort by
registering at www.russianrivercleanup.ora; and
WHEREAS, the following agencies and hundreds of volunteers will all donate time and materials to
participate in the event:
Sonoma County Water Agency Brelje and Race Consulting Engineers SOAR Inflatables
PG &E Russian River Watershed Association North Bay Corporation
Rivers Edge Canoe Trips Russian River Watershed Council Burke's Canoes
Russian Riverkeeper
NOW, THEREFORE, be it proclaimed that I, Jake Mackenzie, as Mayor and on behalf of the City Council
of the City of Rohnert Park do hereby proclaim the 22 n day of September as Russian River Cleanup Day
and urge our citizens to volunteer to help.
DULY AND REGULARLY ADOPTED this 11'' day of September, 2012.
r<'
CITY OF ROHNERT PARK
JAKE MACKENZIE, MAYOR
ITEM NO. 5
Mission Statement
"We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow."
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
Meeting Date: September 11, 2012
Department: Development Services
Submitted By: Darrin Jenkins, Director of Development Services &
Marilyn Ponton, Planning & Building Manager
Agenda Title: Study Session: Placemaking — Central Rohnert Park
STUDY SESSION
Discussion of Placemaking in Central Rohnert Park, including the planning efforts to implement
the FOCUS - Priority Development Area Grant (PDA Grant), SMART Station (SMART) and
State Farm property revitalization, and potential transportation projects consistent with
Metropolitan Transportation Commission's One Bay Area Grant program.
BACKGROUND: What is Placemaking?
Placemaking is a multi - tiered approach to improving and planning for a neighborhood, city or
region. It involves looking at, listening to and involving the people who live, work and play in
an area to discover their ideas, needs and aspirations for a particular place. The ideas can be
formulated into a strategy or plan with small scale implementation and, through a process, evolve
into a vision for a larger scale area. Placemaking capitalizes on the community's assets, and
potential, ultimately creating good spaces which promote well being in a community.
The root of placemaking has begun in Rohnert Park even though there is no clearly defined plan
of action. Residents, business owners and interest parties have begun to express ideas and
"wishes" for the revitalization of the former State Farm Insurance Property. This, combined with
the City's efforts on the PDA Grant and the initial progress of the SMART train, will enable the
community and interested parties to begin to formulate a vision for the area.
1. FOCUS — Priority Development Area Program
Purpose: The Metropolitan Transportation Commission (MTC) and Association of Bay Area
Governments (ABAG) are developing a new long -range plan for the nine - county region, to be
known as Plan Bay Area (part of their One Bay Area program), which will integrate the
Sustainable Communities Strategy (SCS) with Transportation 2035, the regional transportation
plan (RTP) that is already in development. The priority Development Area (PDA) Planning
program has been renamed from the Station Area & Land Use Planning program to reflect the
direction of the Plan Bay Area. The program is intended to increase transit ridership by creating
complete communities and encouraging an intensification of use near transit stations and transit
services.
ITEM NO. 5
City Award: The City identified an area to meet the PDA Grant criteria for an approximately
282 -acre area bounded on the west by Highway 101, on the east by the Northwestern Pacific
Railroad right -of -way, and on the south by Avram Avenue /Santa Alicia (Attachment 1- PDA
Location Map). Priority Development Areas are generally "areas of at least 100 acres where
amenities and services can be developed to meet the day -to -day needs of residents in a
pedestrian- friendly environment served by transit." The City has another PDA — Sonoma
Mountain Village. The planning effort for the Sonoma Mountain Village was funded by the
property owner and approved by the City.
Why this Area ?: The City selected the Central Rohnert Park Area for a number of reasons.
First, the area encompasses the City Center Concept Plan area along City Center Drive.
Development of the Arbors affordable housing project and Centre Ville Townhome project are
examples of projects implementing the City Center Concept Plan. In addition, a number of
office buildings in the area are vacant and may benefit from revitalization. Third, location of the
SMART station in the area could spur interest in revitalization. Fourth, the area already includes
housing located in conjunction with other uses. This is the vision for the Plan Bay Area to
integrate housing with other compatible land uses. Finally, Plan Bay Area is tying transportation
funding to PDA areas and the selected area has a number of eligible streets in need of
maintenance. Without the proposed PDA, Rohnert Park would be ineligible for much of the
federal transportation funds distributed by MTC.
Next Steps: The FOCUS PDA grant requires specialized studies for the creation of the PDA
Plan. Staff will prepare a Request for Proposals to select a team of professional to prepare the
studies required to implement the grant requirements and meet the grant timeline. A table of the
planning elements required for the PDA Plan is included below. The planning elements have
been included to familiarize Council with the elements of the proposed plan, including concepts
such as parking alternatives which are new to Rohnert Park's previous planning efforts and
zoning code. As noted below significant outreach to the community will be integral to the
preparation of the PDA Plan. Staff will regularly inform Council of the upcoming community
meetings related to the planning efforts.
Required Elements for the PDA Plan:
Planning Elements
Requirements:
Planning Profile
Prepare Demographic profile of community
Public Outreach
Create a Citizens Advisory and Technical Advisory Committee, focus groups,
workshops, surveys, non - English speaking members and outreach
Land Use
Several land use alternatives to be studied — goal is preferred alternative. Include
Alternatives
options for density and ridership forecasts, existing and proposed land use
comparisons
Market Demand
Identify demand for high density housing at all income levels, retail, commercial
and industrial development
2
ITEM NO. 5
Housing Strategy
Identify housing options for all income levels including a anti- displacement
strategy
Multi -Modal
Include strategies for bus to rail and ferry terminals, pedestrian, bike and auto
Access
access safety. Apply to entire plan area including nodes outside of plan boundary
Pedestrian
Open space and street design to enhance walking environment and safety for
Friendly Design
pedestrian convenience. Consider form based codes, street design and ped. friendly
Standards
design guidelines
Accessibility
Create a plan for people with disabilities for full access to transit stations including
surrounding area and habitable housing units adjacent to train stations. 10% of
housing must be accessible
Parking analysis
Reduction of parking demand by pricing zoning and alternative modes.
At least one:
• City eliminates parking minimums,
• City reduces parking minimums (1 space per residence and 1 space per
1000 square foot commercial) or
• City establishes parking maximums.
And at least one:
• Employers provide pre -tax deductions for transits passes,
• Employers subsidize transit use,
• Employers provide a Transportation Demand Management program or
• Employers provide a cash allowance in lieu of a parking space.
Infrastructure
Determine improvements needed in the plan area to meet existing and future
Analysis
demands
Implementation
Develop plan and budget for each department including responsibilities, revenue
/Financing Plan
sources and timeframe
2. State Farm Insurance Property
Existing Land Use: The State Farm property (State Farm) is currently zoned C -O Office
Commercial and the General Plan designation is Office. The project is adjoined by a variety of
land uses including Regional Commercial, High Density, Medium Density Residential /Mobile
Home Overlay, and Mixed Use (Attachment 2- Zoning Map Excerpt)
The current zoning allows for the development of administrative, financial, business,
professional medical and public offices. Retail uses within this district are generally limited to
those which provide support services to the office uses.
3
ITEM NO. 5
Current Use: Although vacant, the State Farm Campus is comprised of 283,000 sq ft of office
space located on 29 acres. It is bordered by State Farm Drive to the west, Rohnert Park
Expressway on the north, Northwestern Pacific Railroad on the east, and Enterprise Drive on the
south adjoined by City's Corp yard. The existing design layout is a centralized hub with four
pods surrounded by over 1100 parking spaces. The interior includes offices, warehouse,
auditorium and cafeteria. (Attachment 3 — State Farm Overview /Interior Lam). The exterior is
highlight by a park -like setting - meandering walkways, rolling turf and an urban forest of
mature trees.
Development Assumptions: The City assumes that, in the absence of the FOCUS Grant PDA
Planning effort, the project proponents would prepare a Specific Plan (SP) or Planned
Development (PD) if mixed use is envisioned. In conjunction with the Specific Plan or PD, a
General Plan amendment bringing requested land use designations into conformance with any
proposed SP/ PD designations, development standards would be required. The implementation of
a SP or PD will require the preparation of an Environmental Impact Report to evaluate the
impacts of the necessary entitlements comprising the Specific Plan/Planned Development.
Coordination with PDA Plan: State Farm is located within PDA Planning area and the FOCUS
Grant PDA Planning effort may result in a specific plan, EIR, and General Plan amendments for
the area, thus removing these hurdles to development. The criteria of the PDA Plan will guide
much of the planning efforts of the State Farm property if redeveloped. The future developer of
the State Farm property will coordinate their site plan with the adopted PDA Plan.
3. SMART Train
Sonoma -Mann Area Rail Transit (SMART) is a passenger train and multi -use pathway project
located in San Francisco's North Bay. SMART will provide rail service along 70 miles of the
historic Northwestern Pacific Railroad alignment, connecting urban and rural residents of the
two counties with jobs, education and health care services in the region. The project revives the
publicly owned railroad right of way, serving 14 stations from Cloverdale in Sonoma County to
the San Francisco -bound ferry terminal in Larkspur, Marin County (Attachment 4 - Map of
SMART Train route).
The 14 stations along the corridor are being designed to accommodate available feeder bus
services, shuttle services and, in selected suburban locations, park and ride facilities. Commuter -
oriented passenger train service will be provided by an estimated 14 round -trip trains per day,
operating at 30- minute intervals in the morning and evening peak commuting hours during the
week. Bicycles will be allowed on board the trains; weekend service also is planned.
SMART Rohnert Park Expressway Station project:
Track. A single track will be set within the 50 -foot wide SMART ROW. In addition, a second
track will likely be installed to allow for safe freight train movement through the station area.
Platform & Other Structures. The station will have a side platform configuration. The
boarding platform itself will be a concrete structure approximately 270 feet long, 15 feet wide
and 4 feet above the top of rail. A steel and glass canopy and windscreens for weather protection
11
ITEM NO. 5
will be installed on the platform. The canopy will be approximately 7 -8 feet tall, 12 feet wide,
and 94 feet long. It will include benches and ticket vending machines. The platform will also
have evenly spaced pedestrian lights with a controlled cut -off light pattern to avoid casting
unwanted light in surrounding areas. Luminaire height will be approximately 12 feet above
platform. Ramps will be set at below 5 percent gradient and will include handrails. There will be
a transit plaza including bike parking, wayfinding signage, and ticket vending machines.
(Attachment 5 - Site Plan)
Lighting. Parking lot lighting will be provided by approximately 25- foot -high poles using sharp,
cut -off light patterns to direct lighting downward. Lighting along the linear parking drive will be
from existing fixtures or if necessary, augmented by pedestrian scale fixtures with sharp, cut -off
light patters to avoid casting unwanted light on adjacent properties.
Landscaping. Parking lots will be shaded with moderately spaced canopy trees. Ground cover
and low shrubs will stabilize open planters below trees. Consistent with SMART's adopted
environmental compliance measure, drought- tolerant native species will be used for proposed
landscaping/screening where feasible.
Access and Parking. The proposed station will support walk -in, bicycle -in, drive -in, and bus -in
ridership. The station will be accessible to pedestrians and bicyclists via public sidewalks and
on -site paths.
Parking and Vehicular Access. A parking area will be established between the SMART ROW
and the State Farm property from Enterprise Drive to Rohnert Park Expressway. An estimated
130 parking spaces will be available for the station. There are three design options for vehicle
access being considered:
1. Enterprise Drive /Seed Farm Drive (No direct access to Rohnert Park Expressway):
Vehicular access to the parking area would be restricted to the southern end of the site at
the intersection of Enterprise Drive and Seed Farm Drive; all station entry /exit by
vehicles would occur at this location. Pedestrians and bicycles could obtain access here or
directly from Rohnert Park Expressway.
2. Station access from Rohnert Park Expressway: In addition to the access via Enterprise
Drive and Seed Farm Drive, a driveway from the Expressway to the northern end of the
station site would be developed, but restricted to right -turn in for eastbound traffic on the
Expressway, and a right- turnout onto the eastbound Expressway. There would be no
break in the existing median along the Expressway. Traffic exiting the station would be
controlled by a STOP sign; Expressway traffic would be uncontrolled.
Signalized station access from Rohnert Park Expressway: In addition to the access via
Enterprise Drive and Seed Farm Drive, a driveway from the Expressway to the northern
end of the station site would be developed and a new traffic signal installed. No left turns
would be allowed from the Expressway westbound into the station; however, traffic
exiting the station could make the northbound left turn into the Expressway westbound.
ITEM NO. 5
Bus Access. Bus turnouts will be established in both travel lanes along Rohnert Park Expressway
in the station vicinity. If access were allowed from Rohnert Park Expressway, buses could also
have the option of circulating through the station facility.
Pedestrian /Bicycle Access. There are existing public sidewalks running east -west along Rohnert
Park Expressway at the northern end of the station site. A new north -south walkway will be
established through the station facility on the west side of the ROW and will connect to the
sidewalk on the south side of Rohnert Park Expressway. At the south end of the station site, there
are public sidewalks on both sides of Enterprise Drive, which runs to the west from the Station
Area. There is also a public sidewalk on the west side of Seed Farm Drive. There is an existing
Class I bicycle pathway running east -west 700 feet south of the station site along Copeland
Creek. South of the site, the proposed north -south multi -use pathway (MUP) that is part of the
overall SMART Project will be located on the eastern side of the SMART right -of -way.
Bicyclists and pedestrians from the MUP will access the station by crossing the rail line at
Rohnert Park Expressway.
Rohnert Park Station Status to Date:
City is currently in negotiations with SMART regarding the property transfer
agreement for the Rohnert Park Expressway Station location.
Construction activity includes:
o the recent track replacement within the City between Golf Course Drive
and East Cotati Avenue
• Installation of a free - standing equipment enclosure and signal control
arms.
• Reconfiguration of the Copeland Creek pedestrian crossings — upgrading
to ADA standards
• Preliminary pre - construction site preparation work for site platform in
progress.
4. Transportation Grant Projects
Sonoma County Transportation Authority will be issuing a call for grant applications for $22
million in state and federal transportation funding in October 2012. Staff would like to apply for
funding in an effort to bring these valuable funds into Rohnert Park to benefit our residents and
businesses.
MTC, through the One Bay Area Grant program, has placed numerous restrictions for eligibility
to receive these funds. Criteria like 50% of the money must be spent in or near Priority
Development Areas and 70% of the money must go to air quality improvement projects drive the
applications toward non - street maintenance projects in or around the Priority Development
Areas.
Staff recommends pursuing a conventional street maintenance project on Rohnert Park
Expressway in and near the Priority Development Area. This would count as 100% being used
in or near a Priority Development Area, but would not meet any of the air quality improvement
ITEM NO. 5
requirements. It is questionable as whether this application will be funded due to the lack of air
quality improvement components sought by MTC. Nevertheless, road maintenance is needed
and staff believes it is important to pursue the project to improve Rohnert Park Expressway.
In an effort to access additional transportation funds for Rohnert Park, staff recommends
submitting a grant application that does include the air quality improvement components,
therefore accessing 70% of the available funds. This project would be "Street Smart Rohnert
Park" and include enhanced crosswalks for pedestrian safety, improved lighting, and other
pedestrian improvements. Examples could include the Copeland Creek Crossing of Seed Farm
Drive and crossings of Enterprise Drive and Hunter Drive adjacent to the Senior Center and the
Altamont Senior Apartments. The focus would be in and around the Priority Development Area
and it would satisfy the air quality improvement requirement —thus making it much more likely
to be funded through the competitive process.
The proposed projects do not include the concept presented at the August 14, 2012, City Council
meeting to take State Farm Drive north of City Center Drive from four lanes down to two lanes.
Staff believes the Priority Development Area planning process will inform the City regarding the
transportation needs for State Farm Drive.
Department Head Approval Date: 9/4/2012
City Manager Approval Date: 9/4/2012
City Attorney Approval Date:8 /25/2012
Attachments (list in packet assembly order):
1. Priority Development Area Location Map
2. Zoning Map Excerpt
3. State Farm Overview /Interior Layout (Current Use)
4. SMART Train Route Map
5. Rohnert Park Station Site Plan
7
282 Acres bounded by 101
cwwcarr West NW Pacific RR,
Avram/Allcla Avenues & Golf
I Course Drive
Priority Development Area
L
Project Location /Zoning
N
G
m
}`' Farm Insurance Property
•� City
ityLI llnls ts
City
zoning
f�G::tetCClU:d tu:dc r cutcLq xelxxxl Cltifuix'tc4d I'L tRdllc hiSUltd�r4u
fdtt Fc kvK<d ttw.d 0 (AEC: C�kY1 S;llCtytnYaUiulxV "+kY
o Rt'$j:Ctf."dcotim t"a
KL:tvvt%vUYWvtkuaV Gp:tkl'c<Ccx�wx +cw Cc+lxwmiul
N•htwcoitol)(MMY7DCtiitA7ttW s v 1.Li jl(hu is
HiL1iVil:- tMyHGnvol :� 11 /0'Ix rtkiUnNlCd /OiGCI• SW$xWXful
fiM:Mx•JxrnIX'IlMy:tcxxvAU hiU.MKXIUse ' ' PO: M;vvktiflkv�'o{u�.cyx
N
G
m
zmzz
Cafeteria
6400 STATE FARM DRIVE
%08N9AT Md.
Warehouse
77—
Auditorium
a
U
.J
Q
N
LL
':na':' •:ter:
it :ir'i.'.0 tVi: i;.G.. ..k 1'. 1. S!. 45k .: f,•.: r�r
> ✓� fi
>1
=,i., .,'f`.i >,.x,r• ,,�•,.,,':. :..ti`s +,as r�;:
. ryYf ?. /,<M^`i 'b`' . r•..i"irr' t,,: , d'.. �l:a . >rn..'!1 x,. i'::�.'s�' 4 � (r.:,: �,
%1� � , . s*,2 , yri.py •^ ,.� ; air.::• e ;YG; + :?si" ". {i, �' „7 , �,
��r.(T ,; "r.. .�11..�5:�°t l:rr . ,"`ss. :Ss2i. t ^' ,•','titf %L2;: ��i';S�i'`' •c..
S.,;a �.gti, >,:� ":•.,Yr;:�._ ,, >,rx�::a . �x�i` �;`' ����iiY>„. c.,.•,,;, r,' , ^I•t3::•>:;.�,rt3,•�t'1',..•� 'a `��?a�a:.'''
+�i:�'-- *r:?= '�? <' +'J2; °, .. `n,1Ti.aniar4'aH:, ;k;E;;43�xh.. c.•,1,,,� :n,¢y� ys�'N>b.s'iQ' '�'}. �•
`'iT"'' ':Y . ':F,''.'.rt., .. Yr:,>,•t " 'g.-
WiU
ii5,'; � }p¢y 7 �A. �$: i ��F: i 0•i � Y�.:,..?a���rs,T•5`;a.. 4a�t4rxY, •: '4 ' {: .4.q.,:.
,,,tyy,..rr`2�;.4,•. '.:4,a,{ �,Sss.:e:Y�F.S .v �x. \n..;
rvk?cc� �;;i* �:2''s''i.� ' ��'', <., 'tt:S CU :, �� S;•'rk',:i.!' ice'- 'd.rty;':`,t r ; t,C,u.; r7:R.: y +y / ':;;b.+..Y�l, r.'.
..`:` >5< "iyin,yiJa {,yir.. M1�+. t�t{� +.._: :flF;r =e Slrt "'?ir`•)�'•�N Y�!�: J;fia�` ��,ititF�' � "t. r!� � SS,J ��5�:•
> 2`- ':o.:.i,:.E�s� + " »st;,• " +•,4. .i�y���; 3 J %is%�'s ".,.�,,:�{'� r.Jmg` �. r ;�i;. �,,':�,,,
t.�' 4th, ^;^..r • ? ?�y ^•t`;`'�'Sr. lti':''+�z,.T,;/,F;�;? ,Gr.,., •.a;�:: {{r�, �..t. ; %D:s ' "p�:;�t.j' <,::Zy
!'y'1�t`�w1' ': ��i�r `Lj� •R \�'Ce 'f�n.i: {�y"'�,..yfil�q} .,f.f. "� .. 9 .'..:
y'.r •i'r��SS ?:2" r• � ? hJi� ! +�:. •J;`re`�:' a'a>i :;u %i , C ., cWgn:
's�::r %,��- ";T:� °j:3 i6(:F <,•i:y4;:1rS�;� ;:fGFY4'.f' *= ;!;� "•; S � O 'Fi ;}.. , ^4:,...,
qY /i,i:�.��f' <;< :tri.•S�r...,ri :¢•s 57:i3:y`r .vier '�••'J''•� •�`
i�:: l,;�ii + "''ii \fiUa?��'•&:'�{ is ` ^sr �. b �.' QT { •�`�; .'�1:1: �',.
2; `.;i,�a >;'1 wr �2�14:f;�1� it i> Z . Sr y:r : <. .' >r:''':'. ?.•'
€,r. 0 . a
a:;tt ?s. o.. fq � re .n
z
CL
u
G
d
U
M
41
d
site Plan
us
m
E
Rohnart Park Upreuway Rail SuUan
ra +., , .vc..u,w,n�au,
o
awaicis. wi•a>nwn:
Existing Parking Lot
Station Platform
Rohnert p;Rik Public
Works Vii d'
her u
..
:L�. �4� L.r �+ixk �, �` a'cS •.. d'3a+�3�. �jr4+L yes�d
� 1 � � 6 j �4��
{�1�
QILI
1 .
3%
IY — ._ % v r aj'i ,
A
�"" LA d£
/
:yi`&zM,
Track
r j�
MUP
r �1 r.
Existin g den It i
t al
C .
j
Vi
i RQHNFR7 PARK AI ffRNA71VF^ MCIw11TfCTURM�a.,f IMI
Bus Stop
us
m
E
ITEM NO. 7A1
In
MINUTES OF THE SPECIAL MEETING
OF THE CITY OF ROHNERT PARK
City Council
Wednesday, August 22, 2012
Rohnert Park Community Center, Conference Room
5401 Snyder Lane, Rohnert Park, California
1. CALL TO ORDER/ROLL CALL CITY COUNCIL SPECIAL MEETING
Mayor Mackenzie called the City Council special meeting to order at 10:00 a.m., the notice for which
being legally noticed on August 20, 2012.
Present: Jake Mackenzie, Mayor
Pam Stafford, Vice Mayor
Amy Ahanotu, Council Member
Joseph Callinan, Council Member
Absent: Gina Belforte, Council Member
Staff present: City Manager Gonzalez, Assistant City Attorney Barnhill, Deputy City Clerk
Willis and Director of Public Works and Community Services McArthur.
2. PLEDGE OF ALLEGIANCE
Led by Mayor Mackenzie.
3. PUBLIC COMMENTS
Barbara Mackenzie identified herself as the wife of Mayor Mackenzie and stated that she is glad
to potentially not have the duties of running for an election.
4. APPOINTMENTS TO THE OFFICE OF CITY COUNCIL AND CANCELATION OF
THE GENERAL MUNICIPAL ELECTION
City Manager Gonzalez presented the item. Assistant City Attorney Barnhill, reminded City
Council that voting to appoint Council Members Belforte, Callinan, and Mackenzie and cancel
the election has the potential, conflict of interest because of "personal financial effect" on those
Council Members (by virtue of incurring or avoiding campaign/election costs), and advised that
all three nominated incumbents disqualify themselves from participating in the decision on the
resolution. Doing so will leave only two Council Members to act, which is less than a quorum.
Thus, it will be necessary to follow the procedure for choosing an otherwise disqualified City
Council Member to participate in the decision in order to constitute a quorum.
Pursuant to the rule of necessity to establish a quorum, Deputy City Clerk Willis randomly selected
Mayor Mackenzie to participate. Council Member Callinan stated the existence of the potential
conflict of interest and left the Council Meeting at 10:04 a.m.
Mayor Mackenzie stated the existence of the potential conflicts as follows:
1. Disclosed that voting on the resolution poses a potential conflict of interest because it could
have "a personal financial effect" on him.
2. Disclosed that because the decision to appoint the nominated incumbents must be set by
Council resolution and the three Council Members are the only nominees in the upcoming
election, there is no alternative source of decision.
Assistant City Attorney Barnhill stated that Council can either make a decision to appoint the
nominated incumbents or proceed with the election.
ACTION: Moved /seconded (Stafford /Ahanotu) to Adopt Resolution 2012 -96 approving and
adopting the Resolution of the City Council of the City of Rohnert Park providing
for the appointment of the only nominees to the offices of this City that were to be
elected Tuesday, November 6, 2012, canceling the General Municipal Election
currently scheduled for November 6, 2012, and requesting the Board of
Supervisors of the County of Sonoma to take all steps required to remove said
election from the consolidated election scheduled for that date.
Mayor Mackenzie stated for the record, this is the 1St time in Rohnert Park history
to cancel the election.
Motion carried 3 -0 -2 (Belforte and Callinan absent).
5. ADJOURNMENT of City Council Special Meeting
Mayor Mackenzie adjourned the special meeting at 10:08 am.
Carrie Willis, Deputy City Clerk
City of Rohnert Park
Jake Mackenzie, Mayor
City of Rohnert Park
Supplemental Items foritem No 5
City Council Meeting: j
I�� 1, V7_
Development Services
Study Session
PLACEMAHING
September 11, 2012
Placemaking
■ Multi- tiered approach to improving and planning for a
neighborhood, city or region
■ Involves looking at, listening to and involving people
who live, work and play in area
■ Formulate strategy; implement; evolve into a vision
for larger scale area
■ Root of placemaking has begun in Rohnert Park:
■ Priority Development Area Grant
■ State Farm Insurance Property
■ Smart Train
1
FOCUS —Priority DevelopmentArea Plan (PDA)
■ PDA identified; application submitted and approved
to FOCUS Program for designation
■ Grant opportunities now available in this PDA
■ 282 Acres bounded by 101, NW Pacific RR,
Avram /Alicia Aves.
■ PDA's develop amenities and services to meet needs
of residents in a pedestrian friendly environment
served by transit
■ Encourage an intensification of land use near transit
stations
Item No 5
2
Item No 5
FOCV — Priority DevelopmentArea Plan
Planning Elements
Requirements:
Planning Profile
Prepare Demographic profile ofcommunity
Public Outreach
Create a Citizens Advisory and Technical Advisory Committee, focus groups,
Accessibility
workshops, surveys, non - English speaking members and outreach
Land Use
Several land use alternatives to be studied — goal is preferred alternative. Include
Alternatives
options for density and ridership forecasts, existing and proposed land use
Parking analysis
comparisons
Market Demand
Identity demand for high density housing at all income levels, retail,
commercial and industrial development
Housing Strategy
Identify housing options for all income levels including a anti- displacement
strategy
Multi -Modal
Include strategies for bus to rail and ferry terminals, pedestrian, bike and auto
Access
access safety. Apply to entire plan area including nodes outside of plan
Analysis
boundary
FOCUS — Priority DevelopmentArea Plan
Pedestrian
Open space and street design to enhance walking environment and safety for
Friendly Design
pedestrian convenience. Consider form based codes, street design and
Standards
pedestrian friendly design guidelines
Accessibility
Create a plan for people with disabilities for fill access to transit stations
including surrounding area and habitable housing units adjacent to train stations.
10% housing must be accessible
Parking analysis
Reduction of parking demand by pricing zoning and alternative modes. At least
one: Elimination of parking minimums, reduce parking minimums (I sp /res and
Isp /1000sq ft comm.) or establish parking maximums. And at least one
Employers City parking- pre -tax deductions for transits passes, employer
subsidy, TDM program or parking cash -out- (a cash allowance in lieu of a
parking space).
Infrastructure
Determine improvements needed in the plan area to meet existing and firture
Analysis
demands
Implementation
Develop plan and budget for each department including responsibilities, revenue
/Financing Plan
sources and timeframe
Tate Farm Insurance Property
■ Existing Land Use Office Commercial C-0
■ Development Assumption
■ Specific Plan or Planned Development
■ Located within PDA Planning Area
Project Location /Zoning
J56 Sy
12. t
WIP
LEGEND
State Farm Insurance
Item No 5
4
Item No 5
5
,Smart Train
• Single track
• Platform & Other Structures
• Lighting
• Landscaping
• Access and Parking
• Bus Access
■ Pedestrian /Bicycle Access
Item No 5
C�
Project Location
Mki
4
�f
Site Plan
rWM fYk Uprouxry W'S1a Wu
Existing Parking Lot Station Platform
Rohnert park Public
Work; Yard
k yki jt':r AMM
.
�j� 4 �
y,F rriEU r -s.trr r,� -- Y E s� -. _a; ' ._..� � .�„ — ,." �,_,•,_ -..J m'r �
f
Existing itesidential
Stop
Item No 5
Item No 5
Circulation Projects
• October 2012 Call for Projects to Award $23
million of Transportation Funds
• Potential Applications
• Rohnert Park Expressway Rehabilitation
• Street Smart Rohnert Park
RP Expressway Rehabilitation
• State Farm Drive to Country Club Drive
• Remove failed pavement and repave
■ Requesting $1 to 1.5 million
Item No 5
1061
Street Smart Rohnert Park
■ Benefits existing residents
■ Facilitates SMART and State Farm
Redevelopment
• Pedestrian Activity is Key to Sense of Place
• Will score very well given grant funding
criteria
Street Smart Rohnert Park
■ Improves pedestrian access around-
■ SMART Station
• Senior Housing
• Affordable Housing
• Transit Stops
• City Center Plaza
• Library
Item No 5
Ift,
Item No 5
Street Smart Rohnert Park
■ Menu of elements to add to existing system
• Enhanced crossings
• Way - finding Signs
• Improved lighting (also energy saving LED)
• Monument Signs
` 11
t
fi�
k•
.r��:�,�
ism
�
S
abut
4
�
r �
3
c
,
` 11
ITEM NO. 7A I
MINUTES OF THE SPECIAL MEETING
OF THE CITY OF ROHNERT PARK
City Council
Wednesday, August 22, 2012
Rohnert Park Community Center, Conference Room
5401 Snyder Lane, Rohnert Park, California
I. CALL TO ORDER/ROLL CALL CITY COUNCIL SPECIAL MEETING
Mayor Mackenzie called the City Council special meeting to order at 10:00 a.m., the notice for which
being legally noticed on August 20, 2012.
Present: Jake Mackenzie, Mayor
Pam Stafford, Vice Mayor
Amy Ahanotu, Council Member
Joseph Callinan, Council Member
Absent: Gina Belforte, Council Member
Staff present: City Manager Gonzalez, Assistant City Attorney Barnhill, Deputy City Clerk
Willis and Director of Public Works and Community Services McArthur.
2.. PLEDGE OF ALLEGIANCE
Led by Mayor Mackenzie.
3. PUBLIC COMMENTS
Barbara Mackenzie identified herself as the wife of Mayor Mackenzie and stated that she is glad
to potentially not have the duties of running for an election.
4. APPOINTMENTS TO THE OFFICE OF CITY COUNCIL AND CANCELATION OF
THE GENERAL MUNICIPAL ELECTION
City Manager Gonzalez presented the item. Assistant City Attorney Barnhill, reminded City
Council that voting to appoint Council Members Belforte, Callinan, and Mackenzie and cancel
the election has the potential, conflict of interest because of "personal financial effect" on those
Council Members (by virtue of incurring or avoiding campaign/election costs), and advised that
all three nominated incumbents disqualify themselves from participating in the decision on the
resolution. Doing so will leave only two Council Members to act, which is less than a quorum.
Thus, it will be necessary to follow the procedure for choosing an otherwise disqualified City
Council Member to participate in the decision in order to constitute a quorum.
Pursuant to the rule of necessity to establish a quorum, Deputy City Clerk Willis randomly selected
Mayor Mackenzie to participate. Council Member Callinan stated the existence of the potential
conflict of interest and left the Council Meeting at 10:04 a.m.
Mayor Mackenzie stated the existence of the potential conflicts as follows:
1. Disclosed that voting on the resolution poses a potential conflict of interest because it could
have "a personal financial effect" on him.
2. Disclosed that because the decision to appoint the nominated incumbents must be set by
Council resolution and the three Council Members are the only nominees in the upcoming
election, there is no alternative source of decision.
Assistant City Attorney Barnhill stated that Council can either make a decision to appoint the
nominated incumbents or proceed with the election.
ACTION: Moved /seconded (Stafford /Ahanotu) to Adopt Resolution 2012 -96 approving and
adopting the Resolution of the City Council of the City of Rohnert Park providing
for the appointment of the only nominees to the offices of this City that were to be
elected Tuesday, November 6, 2012, canceling the General Municipal Election
currently scheduled for November 6, 2012, and requesting the Board of
Supervisors of the County of Sonoma to take all steps required to remove said
election from the consolidated election scheduled for that date.
Mayor Mackenzie stated for the record, this is the 1 st time in Rohnert Park history
to cancel the election.
Motion carried 3 -0 -2 (Belforte and Callinan absent).
5. ADJOURNMENT of City Council Special Meeting
Mayor Mackenzie adjourned the special meeting at 10:08 am.
Carrie Willis, Deputy City Clerk
City of Rohnert Park
Jake Mackenzie, Mayor
City of Rohnert Park
MINUTES OF THE JOINT REGULAR MEETING
OF THE CITY OF ROHNERT PARK
City Council
Rohnert Park Financing Authority (RPFA)
Successor Agency to the Community Development Commission
Tuesday, August 28, 2012
Rohnert Park City Hall, Council Chamber
130 Avram Avenue, Rohnert Park, California
Item No. 7.A.2
CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR
MEETING - CALL TO ORDER/ROLL CALL
Mayor Mackenzie called the City Council/RPFA/Successor Agency joint regular meeting to order at 5:00
pm, the notice for which being legally noticed on August 23, 2012.
Present: Jake Mackenzie, Mayor
Pam Stafford, Vice Mayor
Amy Ahanotu, Council Member
Gina Belforte, Council Member
Absent: Joseph T. Callinan, Council Member
Staff present: City Manager Gonzalez, City Attorney Kenyon, City Clerk Currie, Director of Public
Safety Masterson, Sergeant Krauss, Director of Public Works and Community Services McArthur,
Theatre Manager Abravaya, Community Services Manager Miller, Economic Development
Manager Babonis, Director of Development Services & City Engineer Jenkins, and Director of
Finance Orme.
2. PLEDGE OF ALLEGIANCE
Led by Director of Public Safety Masterson.
3. CITY MANAGER / CITY ATTORNEY / DEPARTMENT HEAD BRIEFINGS
A. Department of Public Safety
1. Green Music Center Grand Opening, Traffic Operational Plan
Director of Public Safety Masterson reported on the plan.
2. Six -month Traffic Analysis
Sergeant Krauss presented the item.
B. Department of Public Works- Performing Arts Center Program Update
Director of Public Works and Community Services McArthur and Theatre Manager Abravaya
provided an update on the Wizard of Oz and announced Camelot will run October 12 -21.
City of Rohnert Park Joint Regular Meeting Minutes August 28, 2012
for City CounciVRohnert Park Financing Authority /Successor Agency Page 2 of 5
C. City Manager- 50th Anniversary Update
Mayor Mackenzie announced that the incorporation of Rohnert Park happened 50 years ago
today. City Manager Gonzalez provided -an update on the 50th Anniversary celebration
scheduled for September 15, 2012. Pete Callinan, Vernon Smith, and Maurice Fredericks spoke
regarding the formation of Rohnert Park.
Recessed 5:56 pm Reconvened 6:12 pm
4. SSU STUDENT REPORT
Bernadette Butkiewicz, the Legislative Representative with Sonoma State University Associated
Students, Inc. (an auxiliary corporation) provided an explanation of the organization and various
events in which they are involved.
ki
6.
PUBLIC COMMENTS
Tim Decker, representing the Rancho Cotate High School (RCHS) Department of Music and the
RCHS Music Boosters, presented a gift to the City, a copy of the "Friendly City March" which will
premier during the 501h Anniversary parade, September 15, 2012. Sheet music and a CD were
provided.
CONSENT CALENDAR
A. Approval of Minutes for:
1. City Council/RPFA Joint Regular Meeting — August 14, 2012
B. Acceptance of Reports for:
1. City Bills /Demands for Payment dated August 28, 2012
2. Successor Agency to the Community Development Commission/Demands for
Payment dated August 28, 2012
3. RPFA - Cash Report for Month Ending July 2012
4. Housing Successor Agency Cash Report for Month Ending July 2012
5. Redevelopment Successor Agency - Cash Report for Month Ending July 2012
6 Annual Report of Co- sponsorship and Fee Waivers FY 2011 -2012
C. City Council Resolutions for Adoption:
1. 2012 -97 Authorizing and Approving the City of Rohnert Park's continued
commitment to open Government and compliance with the Ralph M.
Brown Act during the State of California's three -year suspension of
state mandates as contained in AB 1464 and SB 1006
2. 2012 -98 Authorizing and Accepting Caltrans Right -of -Way Relinquishment
ACTION: Moved /seconded (Belforte /Stafford) to approve the Consent Calendar. Motion carried 4 -0 -1
( Callinan absent).
7. PROPOSED BUSINESS LICENSE ORDINANCE AMENDMENT DISCUSSION
Director of Public Works and Community Services McArthur and Community Services Manager
Miller presented the item. Recommended Action: direct staff to revise the ordinance to amend
Section 5.01.060 of the Rohnert Park Municipal Code: "Exemptions" of Title 5, "Business Licenses
— General Provisions" to exempt vendors .participating in City- sponsored events from business
licensing requirements.
City of Rohnert Park Joint Regular Meeting Minutes August 28, 2012
for City Council/Rohnert Park Financing Authority /Successor Agency Page 3 of 5
ACTION: By consensus, City Council directed staff to revise the ordinance and examine the
possibility of exempting nonprofit organizations that use City Facilities.
8. PROPOSED AMENDMENT TO THE RECREATION FEE SCHEDULE FOR
COMMUNITY SERVICES FACILITIES, EVENTS, AND PROGRAMS
Director of Public Works and Community Services McArthur and Community Services Manager
Miller presented the item. Recommended Action: direct staff to update and amend the Community
Facility User Fee Schedule.
ACTION: By consensus City Council directed staff to update and amend the Community
Facility User Fee Schedule and supported decreasing Sunday rental of the
Community Center by 25 %.
9. TEFRA PUBLIC HEARING (NOT BEFORE 6 PM)
Economic Development Manager Babonis presented the item. George Turk, president of
Millennium Housing, addressed City Council. Recommended Action: approve resolution of the
City Council of the City of Rohnert Park authorizing the Issuance of Bonds by the Independent
Cities Finance Authority with respect to the Rancho Feliz Mobile Home Park and the Las Casitas
de Sonoma Mobile Home Park.
Public Hearing Opened 7:13 pm
Public Hearing Closed 7:14 pm
ACTION: Moved /seconded (Ahanotu/Belforte) Approving resolution 2012 -99 of the City
Council of the City of Rohnert Park authorizing the Issuance of Bonds by the
Independent Cities Finance Authority with respect to the Rancho Feliz Mobile Home
Park and the Las Casitas de Sonoma Mobile Home Park. Motion carried by the
following roll call vote- Ayes: Ahanotu, Belforte, Stafford, and Mackenzie Noes:
None. Abstain: None Absent: Callinan (4 -0 -1).
10. STANDING COMMITTEE / LIAISON REPORTS
A. Standing Committee Reports
1. Waste and Recycling, 8 /22 >(AA/PS)
Council Member Ahanotu and Vice Mayor Stafford reported the rate study is progressing
and recommendations will be coming forward soon to City Council.
B. Liaison Reports
1. Chamber of Commerce, 8/21 (PS)
Vice Mayor Stafford introduced Steve McCaffrey, Chamber Co- Chair.
2. Sonoma County Waste Management Agency, 8/23 (McArthur)
Director of Public Works and Community Services McArthur reported the board approved
an amendment to the compost operations agreement with Sonoma Compost.
C. Other Reports
Vice Mayor Stafford reported on various events that she and Mayor Mackenzie attended: the
Explorers' annual pancake breakfast; the POA hosted City staff picnic; and the Arts and Music
Festival at the Community Center.
City of Rohnert Park Joint Regular Meeting Minutes August 28, 2012
for City Council/Rohnert Park Financing Authority /Successor Agency Page 4 of 5
11. COMMUNICATIONS
Mayor Mackenzie reported a communication was received announcing the US 101 Central Sonoma
and Wilfred HOV lane ribbon cutting ceremony Friday at 10:00 am. A communication was also
received about SMART construction and contamination concerns regarding the wooden railroad
ties.
12. MATTERS FROM/FOR COUNCIL
Mayor Mackenzie requested the following be added to a future agenda: Consideration of
proposal to utilize Community Impact Reports as part of City approval of new commercial
developments over 25000 square feet.
The item will be added to an October 2012 agenda.
13. PUBLIC COMMENTS
None.
14. CLOSED SESSION
A. Recess to Closed Session at 8:09 pm in Conference Room 2A to Consider:
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code
§54956.8)
Property: Gold Ridge School Property, 1455 Golf Course Drive (APN No. 160-400 -
055)
City Negotiator: Gabriel Gonzalez, City Manager
Negotiating parties: City of Rohnert Park and Robert Haley, Superintendent, Cotati-
Rohnert Park Unified School District
Under Negotiation: Price and Terms
Disclosure of potential conflict on the Closed Session Item: Council Members Ahanotu, Belforte,
Callinan, and Vice Mayor Stafford have a potential conflict of interest because they reside within 500 feet
of the golf course. Pursuant to the rule of necessity to establish a quorum, there was a random selection
process September 13, 2011 where Belforte and Stafford were selected to participate. Ahanotu left the
Council Meeting at 8:21 pm and Callinan was absent.
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code
§54956.8)
Property: Foxtail Golf Course, 100 Golf Course Drive (APN Nos. 143 - 280 -021, 143 -280-
045 143 -280 -061, 143- 280 -075, 143 - 280 -078, 143 - 360 -046, 143- 360 -047, 143- 360 -048,
143 - 360 -049, 160 -010 -003, 160 -010 -021, a portion of 160- 010 -026, 160 - 040 -054, 160-
040 -055, 160- 040 -056, 160 - 050 -049, 160- 050 -050, 160- 050 -051, 160 - 050 -052, and 160-
070 -005.)
City Negotiator: Gabriel Gonzalez, City Manager
Negotiating parties: City of Rohnert Park and Tom Isaak, President, CourseCo, Inc.
Under Negotiation: Price and Terms
B. Reconvened Joint Regular Meeting Open Session In Council Chamber
8:37 pm ( Ahanotu and Callinan absent)
C. Mayor's Report On Closed Session (Government Code § 54957.1)
No reportable action.
City of Rohnert Park Joint Regular Meeting Minutes August 28, 2012
for City Council/Rohnert Park Financing Authority /Successor Agency Page 5 of 5
15. ADJOURNMENT
Mayor Mackenzie adjourned the joint regular meeting at 8:37 pm
JoAnne Buergler, City Clerk
City of Rohnert Park
Jake Mackenzie, Mayor
City of Rohnert Park
CITY OF ROHNERT PARK
BILLS FOR ACCEPTANCE
September 11, 2012
Check Numbers: 207876 - 208117
Dated: Aug. 28, 2012 - Sept. 5, 2012
TOTAL $1,148,236.38
Accounts Payable
Checks for Approval
User: ccolbum
Printed: 9/5/2012 - 8:49 AM
Check Number Check Date Fund Name Account Name Vendor Name Void Amount
207876
08/28/2012
Utility Fund
Accounts Payable
Michael Cantarutti
13.35
Check Total:
13.35
207877
08/28/2012
Utility Fund
Accounts Payable
Irene Chang
12.75
Check Total:
12.75
207878
08/28/2012
Utility Fund
Accounts Payable
Jim Crichton
2,269.20
207878
08/28/2012
Utility Fund
Accounts Payable
Jim Crichton
150.32
Check Total:
2,419.52
207879
08/28/2012
Utility Fund
Accounts Payable
Kathleen Deslauriers
27.24
207879
08/28/2012
Utility Fund
Accounts Payable
Kathleen Deslauriers
20.59
207879
08/28/2012
Utility Fund
Accounts Payable
Kathleen Deslauriers
18.17
Check Total:
66.00
207880
08/28/2012
Utility Fund
Accounts Payable
Kali Faulwetter
124,14
207880
08/28/2012
Utility Fund
Accounts Payable
Kali Faulwetter
201.58
207880
08/28/2012
Utility Fund
Accounts Payable
Kali Faulwetter
37.69
Check Total:
363.41
207881
08/28/2012
Utility Fund
Accounts Payable
Elena Flores
9.10
207881
08/28/2012
Utility Fund
Accounts Payable
Elena Flores
11.28
207881
08/28/2012
Utility Fund
Accounts Payable
Elena Flores
7.53
Check Total:
27.91
207882
08/28/2012
Utility Fund
Accounts Payable
Nick Garcia
29.76
2'07882
08/28/2012
Utility Fund
Accounts Payable
Nick Garcia
47.86
207882
08/28/2012
Utility Fund
Accounts Payable
Nick Garcia
11.37
Check Total:
88.99
207883
08/28/2012
Utility Fund
Accounts Payable
Victoria Huerta
75.00
AP- Checks for Approval (9 /5/2012 - 8:49 Alva]
Page 1
Check Number. Check Date Fund Name Account Name Vendor Name Void Amount
Check Total:
75.00
207884
08/28/2012
Utility Fund
Accounts Payable
Katherine Mitchell
3.77
Check Total:
3.77
207885
08/28/2012
Utility Fund
Accounts Payable
Torrey Penney
10.19
207885
08/28/2012
Utility Fund
Accounts Payable
Torrey Penney
11.11
207885
08/28/2012
Utility Fund
Accounts Payable
Torrey Penney
7.48
Check Total:
28.78
207886
08/28/2012
Utility Fund
Accounts Payable
Caitlin Renteria
9.70
207886
08/28/2012
Utility Fund
Accounts Payable
Caitlin Renteria
18.20
Check Total:
27.90
207887
08/28/2012
Utility Fund
Accounts Payable
Scott Salsgiver
10.21
207887
08/28/2012
Utility Fund
Accounts Payable
Scott Salsgiver
17.40
207887
08/28/2012
Utility Fund
Accounts Payable
Scott Salsgiver
9.45
Check Total:
37.06
207888
08/28/2012
Utility Fund
Accounts Payable
Misty Smart
193.29
Check Total:
193.29
207889
08/28/2012
Utility Fund
Accounts Payable
Jeff White
5.57
207889
08/28/2012
Utility Fund
Accounts Payable
Jeff White
8.20
207889
08/28/2012
Utility Fund
Accounts Payable
Jeff White
2.25
Check Total:
16.02
207890
08/28/2012
Utility Fund
Accounts Payable
Brianna Williams
32.51
207890
08/28/2012
Utility Fund
Accounts Payable
Brianna Williams
43.71
207890
08/28/2012
Utility Fund
Accounts Payable
Brianna Williams
7.18
Check Total:
83.40
207891
08/29/2012
General Fund
Rec Ref Clearing
Victor Alonso
-75.00
207891
08/29/2012
General Fund
Rec Ref Clearing
Victor Alonso
- 175.00
207891
08/29/2012
General Fund
Rec Ref Clearing
Victor Alonso
400.00
Check Total:
150.00
207892
08/29/2012
General Fund
Rec Ref Clearing
Neel Amin
400.00
Check Total:
400.00
207893
08/29/2012
General Fund
Rec Ref Clearing
Pedro Area o
g
400.00
AP- Checks for
Approval (9/5/2012 -
8:49 AM)
Page 2
Check Number Check Date Fund Name I Account Name Vendor Name Void Amount
AP- Checks for Approval (9 /5/2012 - 8:49 AM) Page 3
Check Total:
400.00
207894
08/29/2012
General Fund
Ref Deposit -Liab. Insur
HUB International
1,645.00
207894
08/29/2012
General Fund
Refundable Deposits
HUB International
- 292.90
207894
08/29/2012
General Fund
R.P. Comm. Cntr /Rp Community
HUB International
- 292.90
207894
08/29/2012
General Fund
Cash
HUB International
292.90
Check Total:
1,352.10
207895
08/29/2012
General Fund
Rec Ref Clearing
Ana Maria Macias
400.00
Check Total:
400.00
207896
08/29/2012
General Fund
Rec Ref Clearing
Melissa Millendez
-67.50
207896
08/29/2012
General Fund
Rec Ref Clearing
Melissa Millendez
200.00
Check Total:
132.50
207897
08/29/2012
General Fund
Rec Ref Clearing
Alberto Ramos
180.00
Check Total:
180.00
207898
08/29/2012
General Fund
Rec Ref Clearing
Angelica Valdez- Madera
400.00
Check Total:
400.00
207899
08/29/2012
Utility Fund
Sewer Entr. /Office Supplies
Alhambra & Sierra Springs
79.85
Check Total:
79.85
207900
08/29/2012
Utility Fund
Sewer Entr. /Telephone
AT &T
31.04
207900
08/29/2012
Utility Fund
Sewer Entr. /Telephone
AT &T
16.10
Check Total:
47.14
207901
08/29/2012
Utility Fund
Sewer /Cell Phone
AT &T MOBILITY
177.71
Check Total:
177.71
207902
08/29/2012
Utility Fund
Sewer Entr. /Spec. Departm
INDUSTRIAL CHEM LABS &SVC
246.16
207902
08/29/2012
Utility Fund
Sewer Entr. /Spec. Deparhn
INDUSTRIAL CHEM LABS &SVC
242.33
Check Total:
488.49
207903
08/29/2012
Utility Fund
Sewer Entr. /Vehicle Repair
LAMPSON TRACTOR &
25.28
Check Total:
25.28
207904
08/29/2012
Utility.Fund
Sewer Entr. /Heat/Light/Po
Pacific Gas & Electric
6,253.57
Check Total:
6,253.57
AP- Checks for Approval (9 /5/2012 - 8:49 AM) Page 3
Check Number
Check Date
Fund Name
Account Name
Vendor Name Void
Amount
207905
08/29/2012
Utility Fund
Sewer Entr.
/Heat/Light/Po
Pacific Gas & Electric
199.04
Check Total:
199.04
207906
08/29/2012
Utility Fund
Sewer Entr.
/Spec. Departm
Redwood Empire Municipal Insurance Fund
123.00
Check Total:
123.00
207907
08/29/2012
Utility Fund
Sewer Entr.
/Clothing Allow
Sunset Linen Service
23.42
Check Total:
23.42
207908
08/29/2012
Utility Fund
Sewer Entr.
/Telephone
Verizon Wireless
76.02
Check Total:
76.02
207909
08/29/2012
Utility Fund
Water/Vehicle
Repairs
Aramark Uniform Services
5.20
Check Total:
5.20
207910
08/29/2012
Utility Fund
Water Entr.
/Telephone
AT &T
28.78
Check Total:
28.78
207911
08/29/2012
Utility Fund
Water /Cell Phone
AT &T MOBILITY
533.48
Check Total:
533.48
207912
08/29/2012
Utility Fund
Water Entr.
/Spec Dept Equ
Brelje & Race Laboratories Inc
29.50
Check Total:
29.50
207913
08/29/2012
Utility Fund
Water Entr.
/Professional
Caltest Analytical Laboratory
1,188.00
Check Total:
1,188.00
207914
08/29/2012
Utility Fund
Water Entr.
/Professional
E &M ELECTRIC & MACHINERY, INC.
9,229.36
Check Total:
9,229.36
207915
08/29/2012
Utility Fund
Water Entr.
/Bldg/Facilty
Friedman's
20.03
207915
08/29/2012
Utility Fund
Water Entr.
/Spec. Departm
Friedman's
50.37
207915
08/29/2012
Utility Fund
Water Ent/Distrib
SystemRepair
Friedman's
134.75
207915
08/29/2012
Utility Fund
Water Entr.
/Spec. Departm
Friedman's
83.02
207915
08/29/2012
Utility Fund
Water Entr.
/Spec. Departm
Friedman's
156.06
Check Total:
444.23
207916
08/29/2012
Utility Fund
Water Entr.
/Professional
GHD
616.00
Check Total:
616.00
207917
08/29/2012
Utility Fund
Water Entr.
/Spec Dept Equ
Grainger, Inc.
433.47
AP- Checks for Approval (9 /5/2012 - 8:49 AM)
Page 4
Check Number Check Date Fund Name Account Name Vendor Name Void Amount
207917
08/29/2012
Utility Fund
Water Ent/Distrib SystemRepair
Grainger, Inc.
20.17
207917
08/29/2012
Utility Fund
Water Entr. Bldg/Facilty
Grainger, Inc,
12.61
207917
08/29/2012
Utility Fund
Water Entr. /Bldg/Facilty
Grainger, Inc.
114.51
207917
08/29/2012
Utility Fund
Water Entr. /Spec. Depa;ttn
Grainger, Inc.
79.04
207917
08/29/2012
Utility Fund
Water Entr. Bldg/Facilty
Grainger, Inc.
363.07
207917
08/29/2012
Utility Fund
Water Entr. /Spec. Departm
Grainger, Inc.
48.01
207917
08/29/2012
Utility Fund
Water Entr. /Spec. Departm
Grainger, Inc.
77.09
207917
08/29/2012
Utility Fund
Water Entr. /Spec. Departm
Grainger, Inc.
91.05
Check Total:
1,239.02
207918
08/29/2012
Utility Fund
Water Ent/Distrib SystemRepair
Pace Supply
227.85
Check Total:
227.85
207919
08/29/2012
Utility Fund
Water Entr. /Heat/Light/Po
Pacific Gas & Electric
22,125.46
Check Total:
22,125.46
207920
08/29/2012
Utility Fund
Water Entr. /Heat/Light/Po
Pacific Gas & Electric
12.27
Check Total:
12,27
207921
08/29/2012
Utility Fund
Water Ent/Distrib SystemRepair
Power Industries
403.71
Check Total:
403.71
207922
08/29/2012
Utility Fund
Water Entr. /Spec Dept Equ
Redwood Coast Petroleum
391.82
207922
08/29/2012
Utility Fund
Water Entr. /Spec Dept Equ
Redwood Coast Petroleum
762.57
207922
08/29/2012
Utility Fund
Water Entr. /Spec Dept Equ
Redwood Coast Petroleum
19.21
Check Total:
1,173.60
207923
08/29/2012
Utility Fund
Water Entr. /Spec. Departm
Redwood Lock & Key
43.40
Check Total:
43.40
207924
08/29/2012
Utility Fund
WaterNehicle Repairs
Rohnert Park Car Wash
18.05
Check Total:
18.05
207925
08/29/2012
Utility Fund
Water /Clothing Allowance
Sunset Linen Service
42.09
Check Total:
42.09
207926
08/29/2012
General Fund
Finance /Contractual S
Accountemps
1,718.40
207926
08/29/2012
General Fund
Finance /Contractual S
Accountemps
936.00
Check Total:
2,654.40
207927
08/29/2012
General Fund
Police /Armory
Alameda County Sheriffs Office
300.00
AP- Checks for Approval (9 /512012 - 8:49 AM)
Page 5
Check Number Check Date Fund Name Account Name Vendor Name Void Amount
AP- Checks for Approval (9 /5/2012 - 8:49 AM) Page 6
Check Total:
300.00
207928
08/29/2012
General Fund
Animal Shelter Bldg/Facilty M
Appliance Parts Equipment,
Inc.
39.07
Check Total:
39.07
207929
08/29/2012
General Fund
Pac /Facility Repa
Aramark Uniform Services
260.98
207929
08/29/2012
General Fund
R.P. Gymnasium Bldg/Facilty
Aramark Uniform Services
185.37
207929
08/29/2012
General Fund
R.P. Comm. Cntr Bldg/Facilty
Aramark Uniform Services
346.57
Check Total:
792.92
207930
08/29/2012
General Fund
R.P. Gymnasium /Telephone
AT &T
23.50
Check Total:
23.50
207931
08/29/2012
General Fund
Benecia Pool /Telephone
AT &T
16.00
207931
08/29/2012
General Fund
Pac /Telephone
AT &T
42.98
207931
08/29/2012
General Fund
Ps Main Station /Telephone
AT &T
138.35
207931
08/29/2012
General Fund
R.P. Comm. Cntr /Telephone
AT &T
46.08
207931
08/29/2012
General Fund
Publ Works Gen /Telephone
AT &T
14.41
207931
08/29/2012
General Fund
Library /Contractual S
AT &T
30.91
207931
08/29/2012
General Fund
P/S Bldg -North /Telephone
AT &T
42.99
207931
08/29/2012
General Fund
Publ Works Gen /Telephone
AT &T
16.10
207931
08/29/2012
General Fund
Data Processing /Telephone
AT &T
185.78
207931
08/29/2012
General Fund
Ps Main Station /Telephone
AT &T
66.47
Check Total:
600.07
207932
08/29/2012
General Fund
Data Processing/Cellular Phone
AT &T Internet Services
975.00
Check Total:
975.00
207933
08/29/2012
General Fund
City Manager /Cellular Phone
AT &T MOBILITY
66.64
207933
08/29/2012
General Fund
Econ Develp /Cellular Phone
AT &T MOBILITY
58.35
207933
08/29/2012
General Fund
Finance /Cellular Phone
AT &T MOBILITY
50.15
207933
08/29/2012
General Fund
Data Processing/Cellular Phone
AT &T MOBILITY
157.72
207933
08/29/2012
General Fund
Planning /Cellular Phone
AT &T MOBILITY
859.09
207933
08/29/2012
General Fund
Police / Cell Phone
AT &T MOBILITY
1,476.34
207933
08/29/2012
General Fund
Fire / Cell Phone
AT &T MOBILITY
285.71
207933
08/29/2012
General Fund
R.P. Comm. Cntr /Cellular Phone
AT &T MOBILITY
183.00
207933
08/29/2012
General Fund
Pac /Admin /Cellular Phone
AT &T MOBILITY
32.34
207933
08/29/2012
General Fund
Publ Works Gen /Cellular Phone
AT &T MOBILITY
193.91
207933
08/29/2012
General Fund
Park Maint /Cellular Phone
AT &T MOBILITY
244,95
207933
08/29/2012
General Fund
Streets & Bikes /Cellular Phon
AT &T MOBILITY
151.59
207933
08/29/2012
General Fund
Sports Center /Cellular Phone
AT &T MOBILITY
16.52
AP- Checks for Approval (9 /5/2012 - 8:49 AM) Page 6
Check Number
Check Date
Fund Name
Account Name
Vendor Name
Void
Amount
Check Total:
3,776.31
207934
08/29/2012
General Fund
Pac/Pasco /Production
Keith Baker
500.00
Check Total:
500.00
207935
08/29/2012
General Fund
Streets & Bike /Spec. Departm
The Barricade Company
387.72
Check Total:
387.72
207936
08/29/2012
General Fund
R.P. Comm. Cntr /Contractual S
Raizelah Bayen
71.50
Check Total:
71.50
207937
08/29/2012
General Fund
R.P. Comm. Cntr /Contractual S
Harvey Bell
273.00
Check Total:
273.00
207938
08/29/2012
General Fund
Sports Center /Contractual S
Pete Breeland
19.50
207938
08/29/2012
General Fund
Sports Center /Contractual S
Pete Breeland
20.00
Check Total:
39.50
207939
08/29/2012
General Fund
Legal Services /Professional
Burke, Williams & Sorensen, LLP
896.48
Check Total:
896.48
207940
08/29/2012
General Fund
Animal Control/Medications
Butler Schein Animal Health Supply
1,031.32
207940
08/29/2012
General Fund
Animal Control/Medications
Butler Schein Animal Health Supply
-18.36
Check Total:
1,012.96
207941
08/29/2012
General Fund
R.P. Comm. Cntr /Contractual S
Michele Carter
146.25
Check Total:
146.25
207942
08/29/2012
General Fund
Data Processing /Spec. Departm
CDW Government
846.25
207942
08/29/2012
General Fund
Data Processing /Spec. Departm
CDW Government
684.12
207942
08/29/2012
General Fund
Data Processing /Spec. Departm
CDW Government
70.52
207942
08/29/2012
General Fund
Data Processing /Spec. Departrri
CDW Government
70.52
207942
08/29/2012
General Fund
Data Processing /Spec. Departm
CDW Government
96.40
Check Total:
1,767.82
207943
08/29/2012
General Fund
Planning /Contractual S
COASTLAND CIVIL
480.00
Check Total:
480.00
207944
08/29/2012
General Fund
City Manager /Spec. Depart
The Community Voice
294.00
207944
08/29/2012
General Fund
City Manager/Election Expense
The Community Voice
252.00
AP- Checks for Approval (9 /5/2012 - 8:49 AM)
Page 7
Check Number
Check Date
Fund Name
Account Name
Vendor Name
Void
Amount
Check Total:
546.00
207945
08/29/2012
General Fund
Streets & Bike /Spec. Departm
Complete Welders Supply
32.44
Check Total:
32,44
207946
08/29/2012
General Fund
Data Processing/Equipment Leas
Dell Financial Services
133.95
Check Total:
133.95
207947
08/29/2012
General Fund
Data Processing /Spec. Departm
DSA Technologies Inc
1,274.00
Check Total:
1,274.00
207948
08/29/2012
General Fund
Data Processing /Spec. Departm
First Alarm Sercurities Services
84.00
Check Total:
84.00
207949
08/29/2012
General Fund
Pac /Marketing
Footlights
581.56
207949
08/29/2012
General Fund
Pac /Marketing
Footlights
581.56
Check Total:
1,163.12
207950
08/29/2012
General Fund
Streets & Bike /Spec. Departm
Friedman's
992.31
Check Total:
992.31
207951
08/29/2012
General Fund
Pac/Pasco /Production
James Gagarin
500.00
Check Total:
500.00
207952
08/29/2012
General Fund
H Pool Bldg/Facilty
Grainger, Inc.
22.66
207952
08/29/2012
General Fund
Publ Works Gen /Spec. Departm
Grainger, Inc.
281.59
207952
08/29/2012
General Fund
Burt/Ave Rec Cr Bldg/Facilty
Grainger, Inc.
13.50
207952
08/29/2012
General Fund
Burt/Ave Rec Cr Bldg/Facilty
Grainger, Inc.
10.49
207952
08/29/2012
General Fund
Pac /Facility Reps
Grainger, Inc.
590.54
207952
08/29/2012
General Fund
H Pool Bldg/Facilty
Grainger, Inc.
292.07
207952
08/29/2012
General Fund
Community Event/Spec. Dep
Grainger, Inc.
49.57
207952
08/29/2012
General Fund
H Pool Bldg/Facilty
Grainger, Inc.
363.06
207952
08/29/2012
General Fund
Park Maint /Spec. Departm
Grainger, Inc.
128.14
207952
08/29/2012
General Fund
Pub] Works Gen Bldg/Facilty
Grainger, Inc.
23.79
A
Check Total:
1,775.41
207953
08/29/2012
General Fund
Data Processing /Contractual S
Granicus Inc
700.00
Check Total:
700.00
207954
08/29/2012
General Fund
Police Nehicle Repai
Hansel Ford
158.36
AP- Checks for Approval (9 /5/2012 - 8:49 AM) Page 8
Check Number Check Date Fund Name Account Name Vendor Name Void Amount
Check Total:
158.36
207955
08/29/2012
General Fund
Park Maint /Spec. Departm
Horizon Distributors Inc.
462.13
207955
08/29/2012
General Fund
Park Maint /Spec. Departm
Horizon Distributors Inc.
272.30
207955
08/29/2012
General Fund
Park Maint /Spec. Departm
Horizon Distributors Inc.
190.81
207955
08/29/2012
General Fund
Streets & Bike /Spec. Departm
Horizon Distributors Inc.
91.93
207955
08/29/2012
General Fund
Streets & Bike /Spec. Departm
Horizon Distributors Inc.
41.60
Check Total:
1,058.77
207956
08/29/2012
General Fund
Sports Center /Contractual S
Martial Arts Academy
2,251.50
207956
08/29/2012
General Fund
R.P. Comm. Cntr /Contractual S
Martial Arts Academy
58.50
Check Total:
2,310.00
207957
08/29/2012
General Fund
Pac/Pasco /Production
Barry Martin
1,000.00
Check Total:
1,000.00
207958
08/29/2012
General Fund
Publ Works Gen /Small Tools
Matco Tools
335.11
207958
08/29/2012
General Fund
Publ Works Gen /Small Tools
Matco Tools
66.59
Check Total:
401.70
207959
08/29/2012
General Fund
Plan Check Fee -Fire Insp
MBC Fish Company Inc
120.00
207959
08/29/2012
General Fund
Building Permit Fees
MBC Fish Company Inc
74.00
Check Total:
194.00
207960
08/29/2012
General Fund
Pac /City Events /Contractual S
Mike Frey Advertizing
324.00
207960
08/29/2012
General Fund
Pac /City Events /Contractual S
Mike Frey Advertizing
165.00
Check Total:
489.00
207961
08/29/2012
General Fund
Pac/Pasco /Production
Ivy Rose Miller
500.00
Check Total:
500.00
207962
08/29/2012
General Fund
Police /Office Supplie
National Document Solutions, LLC
751.70
207962
08/29/2012
General Fund
Planning /Spec. Departm
National Document Solutions, LLC
36.13
Check Total:
787,83
707963
08/29/2012
General Fund
Pac /Marketing
North Bay Bohemian
283.11
207963
08/29/2012
General Fund
Pac /Marketing
North Bay Bohemian
283.11
Check Total:
566.22
207964
08/29/2012
General Fund
Center /Spec. Departm
North Bay Corporate Health Services, Inc.
91.00
AP- Checks for Approval (9 /5/2012 - 8:49 AM)
Page 9
Check Number
Check Date
Fund Name
Account Name
Vendor Name
Void
Amount
Check Total:
91.00
207965
08/29/2012
General Fund
Theatre /Office Supplie
Office Depot
208.23
207965
08/29/2012
General Fund
R.P. Comm. Ctr/ Office Supplie
Office Depot
173.13
207965
08/29/2012
General Fund
Theatre /Office Supplie
Office Depot
51.79
Check Total:
433.15
207966
08/29/2012
General Fund
Publ Works Gen /Heat/Light/Po
Pacific Gas & Electric
77,27
207966
08/29/2012
General Fund
City Hail /Heat/Light/Po
Pacific Gas & Electric
33.78
207966
08/29/2012
General Fund
City Hall Annex /Heat/Light/Po
Pacific Gas & Electric
1,434.12
207966
08/29/2012
General Fund
Animal Shelter/Heat/Light/Pow
Pacific Gas & Electric
1,801,76
207966
08/29/2012
General Fund
Ps Main Station /Heat/Light/Po
Pacific Gas & Electric
10,402.91
207966
08/29/2012
General Fund
P/S Bldg -North /Heat/Light/Po
Pacific Gas & Electric
778.73
207966
08/29/2012
General Fund
P/S Bldg -South /Heat/Light/Po
Pacific Gas & Electric
294.68
207966
08/29/2012
General Fund
Streets & Bike /Heat/Light/Po
Pacific Gas & Electric
14,918,34
207966
08/29/2012
General Fund
Center /Heat/Light/Po
Pacific Gas & Electric
2,094.14
207966
08/29/2012
General Fund
Benecia Pool /Heat/Light/Po
Pacific Gas & Electric
1,384.37
207966
08/29/2012
General Fund
Park Maint /Heat/Light/Po
Pacific Gas & Electric
4,005.80
207966
08/29/2012
General Fund
H Pool /Heat/Light/Po
Pacific Gas & Electric
1,892.88
207966
08/29/2012
General Fund
Magnolia Pool /Heat/Light/Pow
Pacific Gas & Electric
858.19
207966
08/29/2012
General Fund
R.P. Gymnasium /Heat/Light/Po
Pacific Gas & Electric
2,132.09
207966
08/29/2012
General Fund
R.P. Comm. Cntr/Heat/Light/Po
Pacific Gas & Electric
3,266.86
207966
08/29/2012
General Fund
Burt/Ave Rec Cr /Heat/Light/Po
Pacific Gas & Electric
1,190.28
207966
08/29/2012
General Fund
Pac /Heat/Light/Po
Pacific Gas & Electric
7,915.82
207966
08/29/2012
General Fund
Sign/Heat Light & Power
Pacific Gas & Electric
709.66
Check Total:
55,191.68
207967
08/29/2012
General Fund
Publ Works Gen Bldg/Facilty
PETRO TECH
322.52
Check Total:
322.52
207968
08/29/2012
General Fund
Police /Spec Dept Equ
Plantronics Inc.
95.48
Check Total:
95.48
207969
08/29/2012
General Fund
Park Maint/Vehicle Repair
Power Industries
378.73
Check Total:
378.73
207970
08/29/2012
General Fund
Data Processing /Hardware Main
The Printer Doctor
339.22
Check Total:
339.22
207971
08/29/2012
General Fund
Police /Gas & Oil
Redwood Coast Petroleum
1,589.88
207971
08/29/2012
General Fund
Police /Gas & Oil
Redwood Coast Petroleum
1,363.80
207971
08/29/2012
General Fund
Police /Gas & Oil
Redwood Coast Petroleum
1,381.49
AP- Checks for Approval (9/5/2012 - 8:49 AM)
Page 10
Check Number Check Date Fund Name Account Name Vendor Name Void Amount
207971
08/29/2012
General Fund
Fire /Gas & Oil
Redwood Coast Petroleum
1,221.57
Check Total:
5,556.74
207972
08/29/2012
General Fund
Police Nehicle Repai
Redwood Lock & Key
111.66
Check Total:
111.66
207973
08/29/2012
General Fund
H Pool /Lessons
Christine Reed
33.50
Check Total:
33.50
207974
08/29/2012
General Fund
Admin Services /Contractual S
Regional Government Services
7,245.00
Check Total:
7,245.00
207975
08/29/2012
General Fund
Streets & Bike /Contractual S
Republic ITS Inc
2,455.60
207975
08/29/2012
General Fund
Streets & Bike /Contractual S
Republic ITS Inc
630.21
Check Total:
3,085.81
207976
08/29/2012
General Fund
Streets & Bike /Spec. Departm
SAFEWAY SIGN COMPANY
3,582.90
Check Total:
3,582.90
207977
08/29/2012
General Fund
Police Nehicle Repai
Santa Rosa Auto Parts
- 263.19
207977
08/29/2012
General Fund
Police Nehicle Repai
Santa Rosa Auto Parts
110.58
207977
08/29/2012
General Fund
Park MainWehicle Repair
Santa Rosa Auto Parts
11.28
207977
08/29/2012
General Fund
Park MainWehicle Repair
Santa Rosa Auto Parts
16.55
207977
08/29/2012
General Fund
Police Nehicle Repai
Santa Rosa Auto Parts
59.58
207977
08/29/2012
General Fund
Police Nehicle Repai
Santa Rosa Auto Parts
212.50
207977
08/29/2012
General Fund
Police Nehicle Repai
Santa Rosa Auto Parts
28.71
207977
08/29/2012
General Fund
Police Nehicle Repai
Santa Rosa Auto Parts
246.55
207977
08/29/2012
General Fund
Fire Nehicle Repai
Santa Rosa Auto Parts
31.95
207977
08/29/2012
General Fund
Police Nehicle Repai
Santa Rosa Auto Parts
121.33
207977
08/29/2012
General Fund
Police Nehicle Repai
Santa Rosa Auto Parts
172.49
207977
08/29/2012
General Fund
Park MainWehicle Repair
Santa Rosa Auto Parts
75.77
207977
08/29/2012
General Fund
Park MainWehicle Repair
Santa Rosa Auto Parts
71.54
207977
08/29/2012
General Fund
Police Nehicle Repai
Santa Rosa Auto Parts
101.67
207977
08/29/2012
General Fund
Park Maintehicle Repair
Santa Rosa Auto Parts
35.91
207977
08/29/2012
General Fund
Park MainWehicle Repair
Santa Rosa Auto Parts
224.01
207977
08/29/2012
General Fund
Park Maint/Vehicle Repair
Santa Rosa Auto Parts
23,88
207977
08/29/2012
General Fund
Park Maint/Vehicle Repair
Santa Rosa Auto Parts
36.78
207977
08/29/2012
General Fund
Park MainWehicle Repair
Santa Rosa Auto Parts
2.35
207977
08/29/2012.
General Fund
Park MainWehicle Repair
Santa Rosa Auto Parts
71.97
Check Total:
1,392.21
207978
08/29/2012
General Fund
R.P. Comm. Cntr /Contractual S
Gay Shelton - Ostadi
171.60
AP- Checks for
Approval (9 /5/2012 -
8:49 AM)
Page 11
Check Number Check Date Fund Name Account Name Vendor Name Void Amount
Check Total:
171.60
207979
08/29/2012
General Fund
Sports Center /Contractual S
Thomas Silewicz
97.50
Check Total:
97.50
207980
08/29/2012
General Fund
Publ Works Gen /Small Tools
Snap -On- Industrial
230.64
Check Total:
230.64
207981
08/29/2012
General Fund
Pac/Pasco /Production
Benjamin Stowe
500.00
Check Total:
500.00
207982
08/29/2012
General Fund
R.P. Comm. Cntr /Contractual S
Sue Stubblebine
107.25
Check Total:
107.25
207983
08/29/2012
General Fund
Publ Works Gen /Clothing Allo
Sunset Linen Service
92.12
Check Total:
92.12
207984
08/29/2012
General Fund
Pac/Pasco /Production
Mark Tambellini
500.00
Check Total:
500.00
207985
08/29/2012
General Fund
Animal Control /Spec. Departm
Target Bank
4.10
Check Total:
4.10
207986
08/29/2012
General Fund
Pac/Pasco /Production
Lukas Thompson
500.00
Check Total:
500.00
207987
08/29/2012
General Fund
Park Maint/Vehicle Repair
Tire Distribution Systems, Inc.
560.02
207987
08/29/2012
General Fund
Publ Works Gen Nehicle Repai
Tire Distribution Systems, Inc.
951.01
Check Total:
1,511.03
207988
08/29/2012
General Fund
Fire Nehicle Repai
Traction of Santa Rosa
2.30
Check Total:
2.30
207989
08/29/2012
General Fund
Center /Contractual S
Universal Building Services
197.30
Check Total:
197.30
207990
08/29/2012
General Fund
Data Processing/Equipment Leas
The UPS Store
242.95
Check Total:
242.95
207991
08/29/2012
General Fund
Data Processing /Telephone
Verizon Wireless
114.03
AP- Checks for Approval (9 /5/2012 - 8:49 AM)
Page 12
Check Number
Check Date
Fund Name
Account Name
Vendor Name Void
Amount
207991
08/29/2012
General Fund
Police /Telephone
Verizon Wireless
76.02
Check Total:
190.05
207992
08/29/2012
General Fund
Park Maint/Vehicle Repair
West Cal Tractor
196.56
207992
08/29/2012
General Fund
Park Maint/Vehicle Repair
West Cal Tractor
193.21
Check Total:
38937
207993
08/29/2012
General Fund
Publ Works Gen /Small Tools
West County Tool & Equipment
274.41
207993
08/29/2012
General Fund
Publ Works Gen /Vehicle Repai
West County Tool & Equipment
23,74
Check Total:
298.15
207994
08/29/2012
General Fund
Streets & Bike /Spec. Departm
Western Highway Products
107.03
Check Total:
107.03
207995
08/29/2012
General Fund
Planning /Spec. Departm
Your Other Office, Inc.
2.38
Check Total:
2.38
207996
08/29/2012
General Fund
Ps Main Station Bldg/Facilty
ABM Janitorial North Calif -LA
1,624.00
207996
08/29/2012
General Fund
Publ Works Gen Bldg/Facilty
ABM Janitorial North Calif -LA
213.00
207996
08/29/2012
General Fund
Animal Shelter Bldg/Facilty M
ABM Janitorial North Calif -LA
583.00
Check Total:
2,420.00
207997
08/29/2012
General Fund
City Manager /Contractual Se
David Whiteside Consulting Services
1,300.00
Check Total:
1,300.00
207998
08/29/2012
General Fund
Eduardo Perez
890.00
Check Total:
890.00
207999
09/05/2012
General Fund
Police /Miscellaneous
Emily O'Quest Mugurussa
279.60
Check Total:
279.60
208000
09/05/2012
Utility Fund
Refuse Col Entr /Contractual S
County of Sonoma
73.45
Check Total:
73.45
208001
09/05/2012
General Fund
Police /Vehicle Repai
SANTA ROSA BMW
165.00
Check Total:
165.00
208002
09/05/2012
General Fund
Developer Refundable Deposits
Burke, Williams & Sorensen, LLP
2,071.68
208002,
09/05/2012
General Fund
Developer Refundable Deposits
Burke, Williams & Sorensen, LLP
8,582.08
Check Total:
10,653.76
AP- Checks for Approval (9 /5/2012 - 8:49 AM)
Page 13
Check Number Check Date Fund Name Account Name Vendor Name Void Amount
208003
09/05/2012
General Fund
Refundable Deposits
J,C. Brennan & Associates
130.00
Check Total:
130.00
208004
09/05/2012
Utility Fund
Water Entr. /Contractual S
BARTEL ASSOCIATES LLC
466.20
Check Total:
466.20
208005
09/05/2012
Utility Fund
Water Entr. /Spec. Departm
CA Dept. of Public Health
105.00
208005
09/05/2012
Utility Fund
Water Entr. /Spec. Departm
CA Dept. of Public Health
60.00
Check Total:
165.00
208006
09/05/2012
Utility Fund
Water Entr. /Professional
CONTROL SYSTEMS WEST, INC
1,395.00
208006
09/05/2012
Utility Fund
Water Entr. /Professional
CONTROL SYSTEMS WEST, INC
273.31
Check Total:
1,668.31
208007
09/05/2012
Utility Fund
Water Entr. /Contractual S
County of Sonoma
87.07
Check Total:
87.07
208008
09/05/2012
Utility Fund
Water Conservation Measures
Susan Evans
37.50
Check Total:
37.50
208009
09/05/2012
Utility Fund
Sewer Entr. Bldg/Facilty
Friedman's
356.24
Check Total:
356.24
208010
09/05/2012
Utility Fund
Water Entr. /Spec. Departm
Grainger, Inc.
9.84
208010
09/05/2012
Utility Fund
Water Entr. /Spec Dept Equ
Grainger, Inc.
38.74
208010
09/05/2012
Utility Fund
Water Entr. /Spec Dept Equ
Grainger, Inc.
77.47
208010
09/05/2012
Utility Fund
Water Entr. /Small Tools
Grainger, Inc.
126.29
208010
09/05/2012
Utility Fund
Water Ent/Distrib SystemRepair
Grainger, Inc.
38.74
208010
09/05/2012
Utility Fund
Water Ent/Distrib SystemRepair
Grainger, Inc.
18.81
Check Total:
309.89
208011
09/05/2012
Utility Fund
Water Entr. /Haz Materials
Impact Absorbents, Inc
961.29
Check Total:
961.29
208012
09/05/2012
Utility Fund
Water Entr. /Professional
Local Government Services
4,018.50
208012
09/05/2012
Utility Fund
Water Entr. /Professional
Local Government Services
1,250.20
Check Total:
5,268.70
208013
09/05/2012
Utility Fund
Water Conservation Measures
Gabriel Monaghan
37.50
Check Total:
37.50
AP- Checks for
Approval (9/5/2012 -
8:49 AM)
Page 14
Check Number
Check Date
Fund Name
Account Name
Vendor Name
Void
Amount
208014
09/05/2012
Utility Fund
Water Ent/Distrib SystemRepair
Pace Supply
393.86
Check Total:
393.86
208015
09/05/2012
Utility Fund
Water Entr. /Heat/Light/Po
Pacific Gas & Electric
52.52
Check Total:
52.52
208016
09/05/2012
Utility Fund
Water Ent/Distrib SystemRepair
Power Industries
303.95
Check Total:
303.95
208017
09/05/2012
Utility Fund
WaterNehicle Repairs
Redwood Lock & Key
112.24
208017
09/05/2012
Utility Fund
WaterNehicle Repairs
Redwood Lock & Key
4.88
Check Total:
117.12
208018
09/05/2012
Utility Fund
Water Ent/Distrib SystemRepair
Shamrock Materials
210.87
Check Total:
210,87
208019
09/05/2012
Utility Fund
Sewer Entr. /Telephone
AT &T
94.26
208019
09/05/2012
Utility Fund
Sewer Entr. /Telephone
AT &T
185.78
Check Total:
280.04
208020
09/05/2012
Utility Fund
Sewer Entr. /Contractual S
BARTEL ASSOCIATES LLC
266.40
Check Total:
266.40
208021
09/05/2012
Utility Fund
Sewer Entr. /Professional
Burke, Williams & Sorensen, LLP
257.04
Check Total:
257.04
208022
09/05/2012
Utility Fund
Sewer Entr. /Contractual S
County of Sonoma
111.56
Check Total:
111.56
208023
09/05/2012
Utility Fund
Water Conservation Measures
Susan Evans
37.50
Check Total:
37.50
208024
09/05/2012
Utility Fund
Vehicle Gas & Oil
Hertz Equipment Rental Corporation
25.97
Check Total:
25.97
108025
09/05/2012
Utility Fund
Sewer Entr. Nehicle Repair
LAMPSON TRACTOR &
51.08
208025
09/05/2012
Utility Fund
Sewer Entr. Nehicle Repair
LAMPSON TRACTOR &
-25.28
Check Total:
25.80
208026
09/05/2012
Utility Fund
Sewer Entr. /Professional
Local Government Services
223.25
AP- Checks for Approval (9 /5/2012 - 8:49 AM)
Page 15
Check Number
Check Date
Fund Name
Account Name
Vendor Name
Void
Amount
Check Total:
223.25
208027
09/05/2012
Utility Fund
Water Conservation Measures
Gabriel Monaghan
37.50
Check Total:
37.50
208028
09/05/2012
Utility Fund
Sewer Entr, /Laguna Plant/
City of Santa Rosa
709,244.75
Check Total:
709,244.75
208029
09/05/2012
General Fund
Pac/Pasco /Production
GENE ABRAVAYA
569.91
Check Total:
569.91
208030
09/05/2012
General Fund
Finance /Contractual S
Accountemps
936.00
208030
09/05/2012
General Fund
Finance /Contractual S
Accountemps
1,718.40
Check Total:
2,654,40
208031
09/05/2012
General Fund
Animal Shelter Bldg/Facilty M
Aramark Uniform Services
49.92
Check Total:
49.92
208032
09/05/2012
General Fund
Police /Professional
Carina Arriola
170.00
Check Total:
170.00
208033
09/05/2012
General Fund
Ps Main Station /Telephone
AT &T
111.37
Check Total:
111.37
208034
09/05/2012
General Fund
City Hall /Telephone
AT &T
2,009.68
208034
09/05/2012
General Fund
Ps Main Station /Telephone
AT &T
291,72
208034
09/05/2012
General Fund
Data Processing /Telephone
AT &T
45.77
208034
09/05/2012
General Fund
Publ Works Gen /Telephone
AT &T
30.68
208034
09/05/2012
General Fund
Ps Main Station /Telephone
AT &T
550.13
208034
09/05/2012
General Fund
R.P. Comm. Cntr /Telephone
AT &T
30.91
208034
09/05/2012
General Fund
City Hall /Telephone
AT &T
60.61
208034
09/05/2012
General Fund
Publ Works Gen /Telephone
AT &T
60.63
208034
09/05/2012
General Fund
Ps Main Station /Telephone
AT &T
62.70
208034
09/05/2012
General Fund
Animal Shelter /Telephone
AT &T
30.91
208034
09/05/2012
General Fund
H Pool /Telephone
AT &T
72.98
208034
09/05/2012
General Fund
Benecia Pool /Telephone
AT &T
15.11
208034
09/05/2012
General Fund
Magnolia Pool /Telephone
AT &T
14.85
208034
09/05/2012
General Fund
P/S Bldg -North /Telephone
AT &T
30.29
208034
09/05/2012
General Fund
City Hall /Telephone
AT &T
60.61
208034
09/05/2012
General Fund
P/S Bldg -South /Telephone
AT &T
44.45
208034
09/05/2012
General Fund
City Hall /Telephone
AT &T
90.28
208034
09/05/2,012
General Fund
City Hall /Telephone
AT &T
136.24
AP- Checks for Approval (9/5/2012 - 8:49 AM)
Page 16
Check Number
Check Date
Fund Name
Account Name
Vendor Name
Void
Amount
208035
09/05/2012
General Fund
Community Event.Contracts
Aurora Sound Check Total:
3,638.55
1,285.00
208036
09/05/2012
General Fund
Streets & Bike /Spec. Departm
The Barricade Company Check Total;
1,285.00
1,036.80
208037
09/05/2012
Utility Construction Fund
Casino Wastewater
Check Total:
BRELJE & RACE CONSULTING
1,036.80
4,540.00
208038
09/05/2012
General Fund
Benecia Pool Bldg/Facilty
Buchanan Food Service Check Total:
4,540.00
208038
09/05/2012
General Fund
H Pool Bldg/Facilty
Buchanan Food Service
278.45
278,45
208039
09/05/2012
General Fund
Legal Services /Professional
Check Total:
Burke, Williams & Sorensen, LLP
556.90
208039
09/05/2012
Capital Projects Fund
P J
Wilfred Ave. Widening
Burke, Williams &Sorensen, LLP
19,953.67
208039
09/05/2012
Capital Projects Fund
Northeast Dist. Specific Plan
Burke, Williams & Sorensen, LLP
13,892.72
208039
09/05/2012
General Fund
Rent Appeals Bd /Professional
Burke, Williams &Sorensen, LLP
10,484.48
208039
09/05/2012
General Fund
Legal Services /Professional
Burke, Williams & Sorensen, LLP
118.56
208039
09/05/2012
General Fund
Legal Services /Professional
Burke, Williams &Sorensen, LLP
12,165.85
208039
09/05/2012
Utility Construction Fund
Casino Wastewater
Burke, Williams & Sorensen, LLP
310.70
208039
09/05/2012
General Fund
Legal Services /Professional
Burke, Williams &Sorensen, LLP
16,430.96
208039
09/05/2012
Utility Construction Fund
Tanks 1,3 & 4 Exterior Recoat
Burke, Williams & Sorensen, LLP
245.44
208039
09/05/2012
General Fund
Planning /Contractual S
Burke, Williams &Sorensen, LLP
171.00
208039
09/05/2012
Utility Construction Fund
Dowdell Ave Extension
Burke, Williams & Sorensen, LLP
997.50
655.50
208040
09/05/2012
General Fund
Fire Nehicle Repai
Burton's Fire, Inc. Check Total:
75,426.38
79.18
208041
09/05/2012
General Fund
Development Svcs -Office Supp
Check Total:
Business Card
79.18
72.79
208042
09/05/2012
General Fund
City Manager /Office Equipm
Business Card Check Total:
72.79
208042
09/05/2012
General Fund
City Council/Travel- Belforte
Business Card
27.10
208042
09/05/2012
General Fund
City Manager /Spec. Depart
Business Card
40.00
208042
09/05/2012
General Fund
City Manager
ger /Travels & Mee
Business Card
87.46
208042
09/05/2012
General Fund
Planning /Spec. Departm
Business Card
27.78
5.41
Check Total:
287.75
AP- Checks for Approval (9/5/2012 - 8:49
AM)
Page 17
Check Number Check Date Fund Name Account Name Vendor Name Void Amount
208043
09/05/2012
General Fund
Finance /Travels & Mee
Business Card
107.45
Check Total:
107.45
208044
09/05/2012
General Fund
Pac/Pasco /Production
Business Card
516.89
208044
09/05/2012
General Fund
Theatre /Spec. Departm
Business Card
566.38
208044
09/05/2012
General Fund
Pac /Facility Repa
Business Card
81.58
208044
09/05/2012
General Fund
Pac /Equip Repair
Business Card
954.25
208044
09/05/2012
General Fund
Pac/Pasco /Production
Business Card
222.94
208044
09/05/2012
General Fund
Pac /Marketing
Business Card
75.00
Check Total:
2,417.04
208045
09/05/2012
General Fund
Econ Develp /Dues & Subscr
Business Card
289.70
208045
09/05/2012
General Fund
Econ Develp /Travels & Mee
Business Card
15.00
Check Total:
304.70
208046
09/05/2012
General Fund
R.P. Gymnasium /Spec. Departm
Business Card
187.50
208046
09/05/2012
General Fund
R.P. Comm. Cntr /Spec. Departm
Business Card
37.50
Check Total:
225.00
208047
09/05/2012
General Fund
City Manager /Travels & Mee
Busniess Card
444.15
Check Total:
444.15
208048
09/05/2012
General Fund
Animal Control/Medications
Butler Schein Animal Health Supply
3.65
208048
09/05/2012
General Fund
Animal Control/Medications
Butler Schein Animal Health Supply
66.96
Check Total:
70.61
208049
09/05/2012
General Fund
Police /Vehicle Repai
Carl's Body Shop
1,475.96
Check Total:
1,475.96
208050
09/05/2012
General Fund
City Manager /Training & Edu
City of Santa Rosa
360,00
Check Total:
360.00
208051
09/05/2012
General Fund
Data Processing /Telephone
Comcast
48.22
Check Total:
48.22
208052
09/05/2012
General Fund
Data Processing/Equipment Leas
Dell Financial Services
2,100.53
Check Total:
2,100.53
208053
09/05/2012
General Fund
Ps Main Station Bldg/Facilty
Department of Industrial Relations
225.00
Check Total:
225.00
AP- Checks for
Approval (9/5/2012 -
8:49 AM)
Page 18
Check Number
Check Date
Fund Name
Account Name
Vendor Name
Void
Amount
208054
09/05/2012
General Fund
Pac /Facility Repa
DTC Grip & Electric
747.57
Check Total:
747,57
208055
09/05/2012
General Fund
Community Event. Contracts
Eight Belles
225.00
Check Total:
225.00
208056
09/05/2012
General Fund
Legal / Postage
FedEx
36.53
208056
09/05/2012
Capital Projects Fund
09 American Recov Act St Maint
FedEx
16.34
Check Total:
52,87
208057
09/05/2012
General Fund
City Hall Bldg/Facilty
First Choice
41.50
208057
09/05/2012
General Fund
City Hall Bldg/Facilty
First Choice
79.25
Check Total:
120.75
208058
09/05/2012
General Fund
Pac/Pasco /Production
Flowing Dragon Swords
500.00
Check Total:
500.00
208059
09/05/2012
General Fund
Animal Control /Spec. Departm
Frizelle -Enos Company
123.50
Check Total:
123.50
208060
09/05/2012
General Fund
Fire /Spec Dept Equ
Grainger, Inc.
235.82
208060
09/05/2012
General Fund
Burt/Ave Rec Cr Bldg/Facilty
Grainger, Inc.
11.78
208060
09/05/2012
General Fund
Center /Spec. Departm
Grainger, Inc.
48.65
208060
09/05/2012
General Fund
Streets & Bike /Spec. Departm
Grainger, Inc.
51.88
208060
09/05/2012
General Fund
Streets & Bike /Spec. Departm
Grainger, Inc.
104.35
Check Total:
452.48
208061
09/05/2012
General Fund
Community Event.Contracts
Hand Me Down
350.00
Check Total:
350.00
208062
09/05/2012
General Fund
Police Nehicle Repai
Hansel Ford
455.87
208062
09/05/2012
General Fund
Police Nehicle Repai
Hansel Ford
27.13
Check Total:
483,00
208063
09/05/2012
General Fund
Pac/Pasco /Production
David Harris
100.00
Check Total:
100.00
208064
09/05/2012
Capital Projects Fund
LED Street Light Conversion
HD Supply
22,628.68
Check Total:
22,628.68
208065
09/05/2012
General Fund
Streets & Bike /Equipment Rent
Hertz Equipment Rental Corporation
485.00
AP- Checks for Approval (9/5/2012 - 8:49 AM)
Page 19
Check Number
Check Date
Fund Name
Account Name
Vendor Name Void
Amount
Check Total:
485.00
208066
09/05/2012
General Fund
Animal Control/Shelter Food
Hill's Pet Nutrition Sales, Inc
208066
09/05/2012
General Fund
Animal Control/Shelter Food
Hill's Pet Nutrition Sales, Inc
125.05
208066
09/05/2012
General Fund
Animal Control/Shelter Food
Hill's Pet Nutrition Sales, Inc
37.98
208066
09/05/2012
General Fund
Animal Control/Shelter Food
Hill's Pet Nutrition Sales, Inc
197.36
30.38
Check Total:
390.77
208067
09/05/2012
General Fund
City Hall Annex/Fac Maint/Non-
The Hitmen Termite & Pest Control
208067
09/05/2012
General Fund
Animal Shelter Bldg/Facilty M
The Hitmen Termite & Pest Control
60.00
208067
09/05/2012
General Fund
Ps Main Station Bldg/Facilty
The Hitmen Termite & Pest Control
80.00
60.00
Check Total:
200.00
208068
09/05/2012
General Fund
Park Maint /Spec. Departm
Horizon Distributors Inc.
208068
09/05/2012
General Fund
Streets & Bike /Spec. Departm
Horizon Distributors Inc.
255.55
208068
09/05/2012
General Fund
Streets & Bike /Spec. Departm
Horizon Distributors Inc.
183.86
208068
09/05/2012
General Fund
Streets & Bike /Spec. Departm
Horizon Distributors Inc.
108.10
208068
09/05/2012
General Fund
Park Maint /Spec, Departm
Horizon Distributors Inc.
119.31
121.56
Check Total:
788.38
208069
09/05/2012
General Fund
THOMAS KELLEY
150.00
Check Total;
150.00
208070
09/05/2012
General Fund
Park Maint/Vandalism Loss
Kelly Moore Paints
208070
09/05/2012
General Fund
Park Maint/Vandalism Loss
Kelly Moore Paints
31.65
208070
09/05/2012
General Fund
Park Maint/Vandalism Loss
Kelly Moore Paints
50.71
157.81
Check Total:
240.17
208071
09/05/2012
General Fund
Fire /Training & Ed
JASON KRAUSS
85.00
Check Total:
85.00
208072
09/05/2012
General Fund
Police /Vehicle Repai
L.C. ACTION POLICE SUPPLY
103.30
Check Total:
103.30
208073
09/05/2012
General Fund
Rent Appeals Bd /Professional
Law Offices of Walter & Pistole
3,042.25
Check Total:
3,042.25
208074
09/05/2012
General Fund
Publ Works Gen /Training & Ed
JEAN LESTANGUET
208074
09/05/2012
General Fund
Publ Works Gen /Training & Ed
JEAN LESTANGUET
325.00
158.73
Check Total:
483.73
AP- Checks for Approval (9 /5/2012 - 8:49
AM)
Page 20
Check Number Check Date Fund Name Account Name Vendor Name Void Amount
208075
09/05/2012
Capital Projects Fund
LED Street Light Conversion
Local Government Services
714.40
208075
09/05/2012
Capital Projects Fund
EMS PS building
Local Government Services
2,768.30
208075
09/05/2012
Capital Projects Fund
DPS Roof Repl & Ext Impr
Local Government Services
2,902.25
208075
09/05/2012
General Fund
Publ Works Gen /Contractual S
Local Government Services
625.10
208075
09/05/2012
General Fund
Storm Drains /Contractual S
Local Government Services
89.30
208075
09/05/2012
Utility Construction Fund
Water Meter Installation
Local Government Services
89.30
208075
09/05/2012
Capital Projects Fund
LED Street Light Conversion
Local Government Services
5,536.60
208075
09/05/2012
General Fund
Publ Works Gen /Contractual S
Local Government Services
759.05
208075
09/05/2012
Capital Projects Fund
Spreckel's Stge Light Retrofit
Local Government Services
267.90
208075
09/05/2012
Utility Construction Fund
Tank l &2 Ladders safety upgrade
Local Government Services
669.75
208075
09/05/2012
Capital Projects Fund
DPS Roof Repl & Ext Impr
Local Government Services
3,527.35
208075
09/05/2012
Utility Construction Fund
Water Meter Installation
Local Government Services
1,250.20
Check Total:
Check Total:
19,199.50
208076
09/05/2012
General Fund
Police /Training & Ed
Jerrod Marshall
1,000.00
Check Total:
1,000.00
208077
09/05/2012
General Fund
Sports Center /Contractual S
Martial Arts Academy
19.50
Check Total:
19.50
208078
09/05/2012
General Fund
Park Maint /Spec. Departm
Martin Ranch Supply
24.38
Check Total:
24.38
208079
09/05/2012
General Fund
Animal Control/Medications
Matheson Tri-Gas, Inc.
40.91
Check Total:
40.91
208080
09/05/2012
General Fund
Police/Recruitment/Hiring Gen
TERESA MAZZANTI
288.42
Check Total:
288,42
208081
09/05/2012
Utility Construction Fund
Tanks 1,3 & 4 Exterior Recoat
Olympus & Assoc, Inc
61,353.37
Check Total:
61,353.37
208082
09/05/2012
General Fund
Park Maint /Heat/Light/Po
Pacific Gas & Electric
77.69
Check Total:
77.69
208083
09/05/2012
General Fund
R.P. Gymnasium /Heat/Light/Po
Pacific Gas & Electric
2,960.82
Check Total:
2,960.82
208084
09/05/2012
General Fund
Streets & Bike /Heat/Light/Po
Pacific Gas & Electric
77.45
Check Total:
77.45
AP- Checks for
Approval (9 /5/2012 -
8:49 AM)
Page 21
Check Number
Check Date
Fund Name
Account Name
Vendor Name
Void
Amount
208085
09/05/2012
General Fund
Streets & Bike /Heat/Light/Po
Pacific Gas & Electric
12.70
Check Total:
12.70
208086
09/05/2012
General Fund
Successor Agency
Pacific Gas & Electric
158.66
Check Total:
158.66
208087
09/05/2012
General Fund
City Hall /Heat/Light/Po
Pacific Gas & Electric
76.46
Check Total:
76.46
208088
09/05/2012
General Fund
Streets & Bike /Heat/Light/Po
Pacific Gas & Electric
48.84
Check Total:
48.84
208089
09/05/2012
General Fund
Park Maint /Heat/Light/Po
Pacific Gas & Electric
837.89
Check Total:
837,89
208090
09/05/2012
General Fund
Successor Agency
Pacific Gas & Electric
26.90
Check Total:
26.90
208091
09/05/2012
General Fund
Streets & Bike /Heat/Light/Po
Pacific Gas & Electric
26.90
Check Total:
26.90
208092
09/05/2012
General Fund
Community Event.Contracts
Lee Payne
350.00
Check Total:
350.00
208093
09/05/2012
General Fund
City Hall /Postage
Pitney Bowes
4,000.00
Check Total:
4,000.00
208094
09/05/2012
General Fund
Unleaded Fuel Inventory
Redwood Coast Petroleum
1,258.89
208094
09/05/2012
General Fund
Police /Gas & Oil
Redwood Coast Petroleum
1,231.28
208094
09/05/2012
General Fund
Unleaded Fuel Inventory
Redwood Coast Petroleum
1,190.23
208094
09/05/2012
General Fund
Diesel Fuel Inventory
Redwood Coast Petroleum
809.08
208094
09/05/2012
General Fund
Unleaded Fuel Inventory
Redwood Coast Petroleum
1,266.21
Check Total:
5,755.69
208095
09/05/2012
General Fund
Pac/Pasco /Production
Bennett Robinson
180.00
Check Total:
180.00
208096
09/05/2012
General Fund
Storm Drains / Vandalism Loss
Roy's Sewer Service Inc
600.00
Check Total:
600.00
208097
09/05/2012
General Fund
Pac/Pasco /Production
Marc Rudlin
135.00
AP- Checks for Approval (9 /5/2012 - 8:49 AM)
Page 22
Check Number Check Date Fund Name Account Name Vendor Name Void Amount
Check Total:
135.00
208098
09/05/2012
General Fund
Streets & Bike /Spec. Departm
SAFEWAY SIGN COMPANY
471.42
Check Total:
471.42
208099
09/05/2012
General Fund
Fire /Training & Ed
ROBERT J. SAGAN
85.00
Check Total:
85.00
208100
09/05/2012
General Fund
Fire Nehicle Repai
Santa Rosa Auto Parts
242.68
Check Total:
242.68
208101
09/05/2012
General Fund
Police /Uniforms
Santa Rosa Uniform & Career Apparel
1,179.40
208101
09/05/2012
General Fund
Police /Uniforms
Santa Rosa Uniform & Career Apparel
140.94
208101
09/05/2012
General Fund
Police /Uniforms
Santa Rosa Uniform & Career Apparel
154.94
Check Total:
1,475.28
208102
09/05/2012
General Fund
Police Nehicle Repai
SCOTT SIGNS
132.98
Check Total:
132.98
208103
09/05/2012
General Fund
Fire /Training & Ed
Deborah Smith
85.00
Check Total:
85.00
208104
09/05/2012
General Fund
Fire /Training & Ed
So Co Fire Prevention Officers
1,000.00
Check Total:
1,000.00
208105
09/05/2012
General Fund
Theatre /Spec. Departm
SOUND EXPRESSIONS
13.21
Check Total:
13.21
208106
09/05/2012
General Fund
Data Processing /Software Main
Springbrook Software, Inc
1,500.00
Check Total:
1,500.00
208107
09/05/2012
General Fund
R.P. Comm. Cntr /Contractual S
PAMELA STAFFORD
1,014.00
208107
09/05/2012
General Fund
Sports Center /Contractual S
PAMELA STAFFORD
352,00
208107
09/05/2012
General Fund
R.P. Comm. Cntr /Contractual S
PAMELA STAFFORD
351.00
208107
09/05/2012
General Fund
Sports Center /Contractual S
PAMELA STAFFORD
2,422 32
Check Total:
4,139.32
208108
09/05/2012
General Fund
Publ Works Gen /Clothing Allo
Sunset Linen Service
92.12
Check Total:
92.12
208109
09/05/2012
General Fund
Community Event.Contracts
Laure Tatman
2,195.20
AP- Checks for
Approval (9 /5/2012 -
8:49 AM)
Page 23
Check Number
Check Date
Fund Name
Account Name
Vendor Name Void
Amount
Check Total:
2,195.20
208110
09/05/2012
General Fund
Fire /Training & Ed
JACY TATUM
85.00
Check Total:
85.00
208111
09/05/2012
General Fund
Community Event.Contracts
The Mad Maggies
275.00
Check Total:
275.00
208112
09/05/2012
General Fund
Ps Main Station/Fac Maint/Non-
Tomark Sports
299.95
Check Total:
299.95
208113
09/05/2012
General Fund
Streets & Bike /Equipment Rent
United Rentals Northwest, Inc.
445.96
Check Total:
445.96
208114
09/05/2012
General Fund
Sports Center /Contractual S
Universal Building Services
1,008.00
Check Total:
1,008.00
208115
09/05/2012
General Fund
Park Maint/Vehicle Repair
West Cal Tractor
89,87
208115
09/05/2012
General Fund
Park Maint/Vehicle Repair
West Cal Tractor
196.56
Check Total:
286.43
208116
09/05/2012
General Fund
Pac/Pasco /Production
Valerie White
225.00
Check Total:
225.00
208117
09/05/2012
General Fund
Finance /Contractual S
BARTELASSOCIATES LLC
5,927.40
Check Total:
5,927.40
Report Total:
1,148,236.38
AP- Checks for Approval (9 /5/2012 - 8:49 AM)
Page 24
2@
City of Rohnert Park
Preliminary Cash Report
As of July 31, 2012
To: The Honorable Mayor & Members of the City Council
City Manager Gabriel Gonzalez
Summary of General Fund Cash
Total General Fund Cash
Restricted (External)
Committed (City Council Action)
Assigned (City Manager Authority)
Subtotal (not available to spend)
Unrestricted
Restricted Detail:
Refundable Deposits
Vehicle Abatement
Traffic Safety Fund
Spay /Neuter Cash (Forfeiture)
Technology Fee
Armstrong Sign Donation Account
Crime Prevention Donations
Animal Shelter Donations
Assessment Redemption
Cotati- RP /SSU Alcohol Coalition
Cash -K -9 Donations
Reserve For Community Facility
D.A.R.E. Donations
Y &FS Donations
Senior Center Special Donations
Sonoma County Explorer Advisory
Alcohol Education Fee Fund
Reserve For Housing Program
Federal JAG PS Grant
General Plan Maint Fee
PAC Gifts /Donations
PEG Franchise Fees
Explorer Cash
Assigned Detail:
General Fund Endowment Reserve
Reserve For Retiree Employee - Medical
Misc Reserve /From CDA Loan
(2,490,926.48)
(3,553,612.94)
700,291.03
224, 343.55
650,074.38
105,621.72
49,457.79
500.00
8,102.06
22,477.14
180.00
45,029.25
1,042.20
30,094.56
1,036.06
18,009.38
70,461.19
31539.93
41,081.74
240, 346.00
19,781.00
135,110.86
1,626.87
120,019.92
2,699.85
$ 2,490,926.48
358,620.94
2,578,992.00
616,000.00
$ 3,553,612.94
Page 1 of 2
From: Cathy Orme �
Finance Director
Date: September 6, 2012
$ . 7,875,401.95
(6,044,539.42)
$ 1,830,862.53
City of Rohnert Park
Preliminary Cash Report (Continued)
As of July 31, 2012
Enterprise Fund Cash
Water Utility Operations Fund
Water Utility -Rate Stabilization
Water Utility -Meter Replacement
Water Utility - Capital Projects
Per Acre For Development Fee Fund
Sewer Utility Operations Fund
Sewer Rate Stabilization Reserve
Sewer CIP Reserve
Sewer CapacityCharge Fund
Garbage Utility Operations Fund
Garbage Utility Fund -Rate Stabilization
Garbage Utility Fund - Diversion /Education Set -aside
Utility Fund - Refundable Deposits
Total Enterprise Fund Cash
Special Revenue Fund Cash
Gas Tax Fund: Sec. 2107 Maint. /Const.
Sec. 2107.5 Engineering
Seca 2106 Maint.Const.
Sec. 2105 Maint. /Const.
S6140
R &T7360 Prop 42 Swap
Measure M Streets Fund
Traffic Signals Fund
Prop 1 B Fund
Copeland Creek Drainage Fund
Capital Outlay Fund
Public Facilities Finance Fee Fund
Traffic Congestion Relief Fund
Rent Appeals Board Fund
SLESF Fund
Prop M Fire Assessment
Total Special Revenue Funds
Capital Project Funds
Trust & Agency Funds
Special Enforcement Unit -South
Performing Arts Center Endowment Fund
Cash with Fiscal Agent (2002C CSCDA Wastewater
Revenue Bonds)
Cash with Fiscal Agent (2005A CSCDA
Water /Wastewater Revenue Bonds)
Total Trust & Agency Funds
$ 3,820,629.52
800,000.00
400,000.00
386,285.08 5,406,914.60
96,062.44
3,692,710.92
544,345.00
544,345.00 4,781,400.92
1,637,111.94
(196,309.56)
380,096.10
502,842.32 686,628.86
220,802.27
$ 12,828,921.03
$ 187,328.69
12,021.00
203,412.81
242,694.53
3,620.45
650,037.11 1,299,114.59
426,447.83
1,758,612.44
31.50
218,505.90
665,925.55
44,972.68
112,495.83
531,070.85
$ 5,057,177.17
$ 548,458.83
131,191.02
1,265,851.00
1,083,048.44
$2,480,090.46
Total Cash All City Funds Page 2 of 2 $ 28,700,049.44
ITEM NO. 7 . C .1
Mission Statement
"Wig Care for Our Residents by Working Together to Build a
Better Conununity for Today and Tomorrom"
Meeting Date: September 11, 2012
Department: Administrative Services
Submitted By: JoAnne Currie, City Clerk
Prepared By: Beth Lidster, Administration
Agenda Title: Biennial Review of Conflict of Interest Code
RECOMMENDED ACTION:
Approve Resolution Amending Conflict of Interest Appendix A: List of Designated Positions
BACKGROUND
The Political Reform Act (California Government Code Section 81000, et seq.) requires public agencies
to adopt and promulgate conflict of interest codes. The Act further requires government agencies to
conduct biennial reviews of their Conflict of Interest Codes by October Is` of even- numbered years to
determine if the Conflict of Interest Code accurately designates appropriate positions and disclosure
categories. Staff has determined that the City's list of designated positions requires amendments as
indicated on the attachment, including the additions of language from the FPPC model code regarding
consultants and a notation listing positions that are subject to the requirements of Government Code
Section 87200.
In 2004, staff recommended that amendments to the Code's disclosure categories and the list of
designated positions be made by resolution rather than by ordinance. In 2008, staff recommended and
Council approved that the entire Code, incorporating Regulation 18730 by reference and including
appendices containing the disclosure categories and list of designated positions, be adopted by resolution
to make updates easier and less time consuming.
ANALYSIS
N/A
OPTIONS CONSIDERED
NIA
FISCAL IMPACT/FUNDING SOURCE
None.
Department Head Approval Date:
City Manager Approval Date: rc?tz` ,, le
City Attorney Approval Date:
Attachments (list in packet assembly order):
1. Transmittal
2. Resolution
3. Appendix A
4. Local Agency Biennial Notice
2
ITEM NO. 7-C-1
RESOLUTION NO. 2012 - 100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING APPENDIX A OF THE
CITY OF ROHNERT PARK CONFLICT OF INTEREST CODE
WHEREAS, the Political Reform Act (California Government Code §81000, et seq.) requires
public agencies to adopt and promulgate conflict of interest codes; and
WHEREAS, the Fair Political Practices Commission has adopted a regulation (2 Cal. Code of
Regs. §18730) that contains the terins of a standard conflict of interest code and may be
incorporated by reference in an agency's conflict of interest code; and
WHEREAS, the Political Reform Act, Government Code §87306.5, requires government
agencies to conduct biennial reviews of their Conflict of Interest Codes; and
WHEREAS, the terms of the City's Conflict of Interest Code are currently codified under
Chapter 2.60 of the Rohnert Park Municipal code; and
WHEREAS, the disclosure categories and the list of designated positions required to file
statements of economic interest under the Conflict of Interest Code are established by resolution;
and
WHEREAS, staff has determined that amendments to the list of designated positions are
necessary.
NOW, THEREFORE, the City Council of the City of Rohnert Park amends Appendix A of the
Conflict of Interest Code as set forth in Exhibit A to this resolution.
DULY AND REGULARLY ADOPTED this 11 `f' day of September, 2012.
ATTEST:
City Clerk
CITY OF ROHNERT PARK
Mayor
AHANOTU: BELFORTE: CALLINAN: STAFFORD: MACKENZIE:
AYES: ( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) JH- S:05 -d
APPENDIX A
Recommended Designated Position Changes 2012
r>acinnatptl Pnsitinns
Disclosure Category
Assistant City Manager
1, 2, 3 & 4
Assistant City Attorney(s)
1. 2, 3 & 4
€.) €OL i.E O fici tl
:fie 'Fide
1, 2, 3 & 4
City Clerk _
3
t-y-C4- y-C;-lerk
-l) EI� -T--I-
-3
Director of Development Services/City Engineer
1, 2,3 & 4
Deputy City Engineer
1, 2,3 & 4
Senior Engineering Technician [Senior]
1, 3, & 4
Director of Public Works & Community Services
4-&-4
Director of Public Works & Community Services
1. 2.3 & "_
Planning & Building Manager
1, 2,3 & 4
a el:
X311, -FT4
1 ?
l :.conon, is Develo pnient .Manager
New "hide _
1, 2,3 & 4
Rent Appeals Board Staff Liaison
3
A- ceopi*i ftna • T i t 1 e
a H }
4-,-2-,3-&-4
Acc
New Tit.ic
1, 2,3 & 4
Utilities Services Supervisor
2,3 & 4
General Services Supervisor
?&33
General Services Supervisor Revise disclosure categories
2,3 & 4
Human Resources Manager
3,4
Human Resources Analyst
3,4
Theater Manager
3
P/T Technical Advisor
2&3
Ct; &2aMUDit`J Services Specialist
New Title
'? :
r� ` atet -: rncisr
lr L-6
1, 2,3 & 4
Public Safety Director
1, 2,3 & 4
Public Safety: Lieutenants
1, 2,3 & 4
Public Safety: Fire Inspector
1, 3 & 4
_
Senior Planner
Now Title
1, 2.3 & 4
Technical Services Division Manager
1, 2,3 & 4
Public Inspector
1, 3 & 4
_Works
Purchasing Agent
1, 2 & 3
Recreation Services Manager
2 & 3
Recreation Supervisors
2&3
Information Systems Operations Manager
1, 2,3 & 4
Consultants who make recommendations directly to the City Council,
Boards, and Commissions
1, 2, 3 & 4
Strikethrough - Positions /Titles Eliminated Red: New / Reprised Positions or Ti les
I-ITI PC:Appendix A recommended changes 2012
Name of Agency:
Mailing Address-
Contact Person:
E -mail:
2012 Local Agency Biennial Notice
Citv of Rohnert: Park
130 Avram Avenue; Rohnert Park, CA 94928
Office Phone No:
Fax No: 707 792 -1876
Accurate disclosure is essential to monitor whether officials have conflicts of interest and
to help ensure public trust in government. The biennial review examines current programs
to ensure that the agency's code requires disclosure by agency officials who make or
participate in making governmental decisions.
This agency has reviewed its conflict -of- interest code and has determined that (Check one box):
Q An amendment is required. The following amendments are necessary:
(Mark all that apply.)
® Include new positions.
® Revise disclosure categories.
® Revise the titles of existing positions.
® Delete titles of positions that have been abolished and/or positions that no longer make or
participate in making governmental decisions.
O Other (describe)
❑ No amendment is required.
❑ The code is currently under review by the code reviewing body.
Verification
The agency's code accurately designates all positions that make or participate in the making of
governmental decisions; the disclosure categories assigned to those positions accurately require the
disclosure of all investments, business positions, interests in real property, and sources of income that may
foreseeably be affected materially by the decisions made by those holding the designated positions, and the
code includes a// other provisions required by Government Code Section 87302.
Signature of Chief Executive Offider Date
Complete this notice regardless of how recently your code was approved or amended.
Please return this notice no later than October 1, 2012, or the date specified by your agency, if earlier, to:
130 Avram Avenue; Rohnert Park, CA 94928
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
California Fair Political Practices Commission advice@fppc.ca.gov/ www.fppc.ca.gov /866 -ASK -FPPC 6/2012
Ra)),tRT �iRn. ITEM NO. 7.C.2
Mission Statement
sz 'We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow."
CAL)Fo P, 14
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
Meeting Date: September 11, 2012
Department:
Administration
Submitted By:
JoAnne Currie, City Clerk
Prepared By:
JoAnne Currie, City Clerk
Agenda Title:
Adoption of Resolution approving an Agreement for Election Services
with the County of Sonoma
RECOMMENDED ACTION:
Staff recommends that the City Council by resolution approve the attached Agreement for
Election Services with the County of Sonoma for a five -year term.
BACKGROUND:
Rohnert Park, along with all cities in Sonoma County, contracts with the County to provide
election services. This contract is ministerial in nature. The current contract expires December
31, 2012.
Government Code §51301 provides that a city legislative body may contract with a county for
the performance by its appropriate officers and employees of city functions. The City of Rohnert
Park contracts with the County of Sonoma for the provision of municipal election services
including:
• Conducting, managing, and supervising all municipal elections held within the City
during the term of the agreement pursuant to all applicable state and federal laws
governing the conduct of municipal elections.
• Procuring and furnishing all supplies and equipment to be used in said elections including
those supplies required to meet the federal Help America Vote Act (HAVA).
• Performing all related services and functions necessary to the accomplishment of the
agreement including any additional language requirements that may be imposed as a
result of the federal Voting Rights Act during the term of the Agreement.
The current contract was approved by the City Council on May 13, 2008 for a four -year term.
OPTIONS CONSIDERED:
None. It is more cost effective to consolidate elections and contract with the County to provide
election services given their staffing levels and expertise.
FISCAL IMPACT/FUNDING SOURCE:
Cost is approximately $20,000 to $30,000 and varies with each election.
Department Head Approval Date: 8/27/12
City Manager Approval Date: 8/27/12
City Attorney Approval Date: 8/27/12
Attachments (list in packet assembly order):
1. Resolution
2. Contract - exhibit to the resolution
0)
ITEM NO. 7.C.2
RESOLUTION NO. 2012 -101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN AGREEMENT WITH COUNTY OF SONOMA
FOR ELECTION SERVICES
WHEREAS; Government Code §51301 provides that a city legislative body many
contract with a county for the performance by its appropriate officers and employees, of city
functions;
WHEREAS, the City of Rohnert Park ( "City ") contracts with the County of Sonoma
( "County ") for the provision of municipal election services; and
WHEREAS, the current contract for election services was approved by the City Council
May 13, 2008, for a four -year term to expire December 31, 2012; and
WHEREAS, the City wishes to contract with the County for election services for a five -
year term to expire December 31, 2017.
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 the County of
Sonoma, a political subdivision of the State of California, and the City of Rohnert Park, a
municipal corporation, for services related to conducting municipal elections.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to take all actions to effectuate this agreement for and on behalf of the City of Rohnert Park,
including execution, if necessary, in substantially similar form to the agreement attached hereto
as Exhibit "A," subject to minor modifications by the City Manager or City Attorney.
DULY AND REGULARLY ADOPTED this 11 "' day of September 2012.
ATTEST:
City Clerk
CITY OF ROHNERT PARK
Mayor
AHANOTU: BELFORTE: CALLINAN: STAFFORD: MACKENZIE:
AYES: ( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( )
Exhibit A
AGREEMENT FOR ELECTION SERVICES
THIS AGREEMENT is made and entered into on January 1, 2013, by and between the
COUNTY OF SONOMA, a political subdivision of the State of California, hereinafter referred
to as the "County," and the CITY OF ROHNERT PARK, a municipal corporation, hereinafter
referred to as the "City." The parties mutually agree as follows:
This Agreement is made and entered into pursuant to Government Code Section 51300 et
seq. and is subject to all the provisions thereof.
2. At the City's request, the County shall render the following services to the City:
a. Conduct, manage, and supervise all municipal elections held within the City during this
period pursuant to all applicable state and federal laws governing the conduct of
municipal elections;
b. Procure and furnish all supplies and equipment to be used in said elections, including
those supplies required to meet the federal Help America Vote Act (HAVA);
c. Perform all related services and functions necessary to the accomplishment of this
Agreement including any additional language requirements that may be imposed as a
result of the federal Voting Rights Act during the term of this Agreement.
3. This Agreement shall be in effect once signed by both parties, beginning January 1, 2013
and shall continue in force and effect until notice of termination is given or December 31,
2017, whichever occurs first.
4. For the purposes of conducting said elections, the Sonoma County Clerk and Registrar of
Voters shall exercise such powers and duties conferred by law upon the clerk of the City
with respect to elections, as agreed to by both parties. Such duties shall include, but not be
limited to, those powers and duties set forth in Division 3, commencing with Section 3000;
Division 10, Part 2, commencing with Section 10100, excluding the issuance and filing of
nomination documents unless specifically agreed upon in writing by the Registrar of Voters
and the City Clerk not less than 180 days prior to the date of the municipal election;
Division 13, commencing with Section 13000; and Division 15, commencing with
Section 15000, of the California Elections Code.
5. The County shall not be obligated to conduct any election, the procedures for the
administration of which are not specified in state law; nor any election which employs any
method of tabulation of votes other than a "one vote equals one vote" manner, including,
but not limited to, those methods referred to as choice voting, cumulative voting,
distributive voting, instant run -off voting, ranked choice voting, limited voting, or
preferential voting. Adoption by the City of an alternative method of voting terminates this
contract, unless both parties agree in writing to amend the Agreement to provide for
administration of the alternative voting method.
6. Upon the completion of the official canvass of the votes cast, and upon proper demand by
the County, the City shall forthwith reimburse the County for any and all expenses incurred
by the County in connection with said election as follows:
a. EQUIPMENT AND SUPPLIES:
i. The County shall procure all equipment and supplies in the name of, and on behalf
of, the City.
ii. The amount, source and nature of said equipment and supplies will be determined in
accordance with applicable laws. The County will have complete discretion in
making determinations in procurement of equipment and supplies.
iii. Expenses incurred by the County in the accomplishment of this Section 6 of the
Agreement shall, at the option of the County, either be paid directly by the City upon
confirmation by the County, or shall be paid to the County upon proper demand.
b. POSTAGE:
Postage shall, upon request of the County, either be prepaid by the City by warrant in the
requested amount payable to the U.S. Postal Service or be paid to the County upon
proper demand.
c. POLLING PLACES AND ELECTION OFFICIALS:
The City shall, upon proper demand, pay its pro -rata share of polling place expenses and
compensation of election officials attributable to the conduct of such election, including
the cost of insurance if necessary.
d. COUNTY STAFF SERVICES AND SUPPLIES:
The City shall pay its pro -rata share of expenses incurred by the County for staff services
and use of County supplies. "Expenses" as used in this subsection shall include the cost
or the reasonable value of the following:
i. Time and effort expended by County officers and employees;
ii. Equipment and supplies furnished by the County;
iii. Any other necessary expenditures made by the County in the accomplishment of this
Agreement.
e. CORRECTIONS
The City agrees to bear the cost of correcting errors, including reprinting and mailing of
information, if determined to be necessary, once the City Clerk has approved the final
typeset version of ballot materials.
7. The City shall provide suitable locations for polling places and /or the consolidation of
returns and perform any other necessary functions, including the issuance of Vote by Mail
ballots or establishment of Vote by Mail drop -off or early voting locations, if requested by
the County.
W
8. County employees assigned to duties in the performance of this Agreement shall remain at
all times under supervision or control of the County. The City shall exercise no supervision
or control of such employees. If questions arise on the part of the City as to performance,
such questions shall be referred directly to the County Clerk and Registrar of Voters as the
supervisor of such employees, and the determination or resolution of questions or problems
shall be settled as mutually agreed upon by the parties to this Agreement. For purposes of
workers' compensation insurance, it is intended that all persons performing services under
this Agreement shall remain in the general service of the County, and that their services on
behalf of the City shall be considered a special employment which shall not subject the City
to liability under workers' compensation laws. However, it is understood that the County,
in computing the cost of its services hereunder, may take into account its direct cost of
providing workers' .compensation insurance coverage for such employees in proportion to
time spent in the performance of this Agreement. The County shall hold harmless, defend
and indemnify the City from and against any liability, claims, actions, costs, damages or
losses to any person, or damage to any property, arising out of the County's activities under
this Agreement. The City shall hold harmless, defend and indemnify the County from and
against any liability, claims, actions, costs, damages or losses to any person, or damage to
any property, arising out of the City's activities under this Agreement. The County, in
computing its costs of services under this Agreement, may take into account the direct cost
of providing adequate liability insurance to cover operations under this Agreement. The
parties understand that each party maintains insurance programs under workers'
compensation laws and in protection of various other liability risks and exposures; each
party shall continue to maintain such programs as a matter of its own discretion. In the
event liability is imposed upon the parties to this Agreement under any circumstances in
which the above provisions of this paragraph do not control, and if the liability is joint and
several, the parties shall contribute equally to the settlement of any claim or judgment. The
City shall not be obligated or liable for payment hereunder to any party other than the
County.
9. Nothing contained in this Agreement shall relieve the City of the ultimate responsibility for
canvassing the returns of any election held hereunder, nor shall the County be obligated in
any case to defend or prosecute any action at law or equity arising out of any such election
or contesting the validity of any such election. The City shall be responsible for defending
any court action brought to challenge any election held pursuant to this Agreement.
10. It is expressly recognized that this Agreement transfers ministerial duties only. In the event
that policy questions arise, such questions will be referred to the City for decision by the
appropriate City officials.
11. For any fiscal year commencing after December 31, 2012, either the City or the County, at
the time of its respective annual budget deliberations, may terminate this Agreement by
giving the other party a 90 -day written notice of termination. In such event, the County will
not be responsible for the conduct of elections occurring thereafter. If no such notice is
given, this Agreement will be deemed to have been renewed for an additional term of one
year.
12. Any notices regarding termination or amendment to the Agreement, or demand for
payment, 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
herein below. 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.
To City: Office of City Clerk
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
To County: Janice Atkinson
County Clerk- Registrar of Voters
P.O. Box 11485
Santa Rosa, CA 95406 -1485
13. This Agreement constitutes the complete and exclusive statement of the agreement between
the County and the City and shall supersede any previous agreements, whether verbal or
written, concerning the same subject matter.
14. 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.
15. No failure on the part of either party to exercise any right or remedy hereunder shall operate
as a waiver of any other right or remedy that party may have hereunder.
16. If any one 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.
17. 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.
11
IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals.
COUNTY OF SONOMA
R-Im
(SEAL) CHAIR
SONOMA COUNTY BOARD OF SUPERVISORS
DATE
ATTEST:
COUNTY CLERK & REGISTRAR OF VOTERS
I:
DATE
CITY OF ROHNERT PARK
mm
(SEAL) MAYOR
DATE
ATTEST:
CITY CLERK
DATE
ITEM NO. 7.C.3
Mission Statement
"We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow. "
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
Meeting Date: 9/11/2012
Department: Finance
Submitted By: Cathy Orme, Finance Director
Prepared By: Cathy Orme, Finance Director
Agenda Title: Approving the Job Descriptions and Salary Ranges for Utility Billing and
Revenue Manager, Accounting Supervisor, and Accountant
RECOMMENDED ACTION: Approve resolution of the City of Rohnert Park approving job
descriptions and salary ranges for the Utility and Revenue Manager, Accounting Supervisor and
Accountant.
BACKGROUND:
At the June 26, 2012 budget work session, Council approved the proposed Finance Department
reorganization. The reorganization eliminates the Accounting Manager position and replaces it
with an Accountant position, reclassifies the Utility Billing and Revenue Supervisor to Utility
Billing and Revenue Manager and reclassifies the Accountant /Budget Analyst to Accounting
Supervisor.
ANALYSIS:
The reorganization will address succession planning and cross training in the department to
strengthen the functionality.
The majority of the duties and tasks of the former Accounting Manager position will be
distributed to the two new reclassified positions.
1) Reclassifying the Utility Billing and Revenue Supervisor position will allow the incumbents
to take on advanced and complex accounting functions. By delegating duties of the Accounting
Manager position will permit the Finance Director to focus on policy, planning and financial
recovery. This will improve the efficiency and flexibility of the department work flow.
The proposed position of the Utility Billing and Revenue Manager be placed at the 90 salary
range ($6,078 to $7,388 monthly) and in the Management Unit due to the level of duties and
performance required.
Some of the additional duties acquired from the former Accounting Manager position are:
Serves as acting Finance Director in the absence of the Finance Director
• Analyzes major accounts and prepares monthly reconciliation of subsidiary accounts to
the General Ledger
• Coordinates and performs the City's collections of delinquent accounts and customer
bankruptcy activities
ITEM NO. 7.C.3
• Identifies inaccuracies, misclassification of funds or inefficiencies and suggests
corrective measures
• Prepares resolutions and ordinances
• Coordinates and analyzes utility rates and updates rate models
• Assists the Finance Department staff in solving accounting problems and responds to
inquiries from various sources
2) The position for the proposed Accounting Supervisor is placed in the Confidential Unit at the
88 -CF range ($5,790 to $7,037 monthly). Some of the additional duties acquired from the former
Accounting Manager position are:
• Plans, organizes, directs and reviews the City's finance services operations
• Prepares and submits claims for capital projects
• Designs and performs internal and external audits
• Researches costs of City services and compares with fees charged
• Prepares schedules of federal expenditures and analyzes federally- funded construction in
progress
• Participates in the preparation of the City's annual budget
• May train, supervise and evaluate work of assigned staff
3) The proposed Accountant position will be placed in Rohnert Park Employees' Association
(RPEA) Unit at the 87 range ($5,669 to $6,890 monthly). This position performs a full range of
professional accounting work and is expected to work independently. Some of the duties this
position will perform are:
• Maintains and monitors accounts for the City funds, facilities and operations
• Processes journal entries; reconciles accounts and balances with the general ledger
• Reconciles all bank accounts the City, the Successor Agency and the City's Financing
Authority on a monthly basis
• Prepares annual insurance report for Redwood Empire Municipal Insurance Fund
• Assists in preparing annual budgets and budget reports
• Assists other Finance Department staff in solving accounting problems
FISCAL IMPACT/FUNDING SOURCE:
1) The elimination of the Accounting Manager position and replacing it with an Accountant has
a saving to the General Fund and the Utility Funds of $16,800;
2) Reclassifying the Utility Billing and Revenue Supervisor to the Utility Billing and Revenue
Manager and the Accountant /Budget Analyst to Accounting Supervisor has a increase to the
General Fund and;
3) Utility Funds for a total of $11,102. This is a general overall saving of $5,698, which is
illustrated in the charts below:
W
ITEM NO. 7.C.3
1)
Total GF
Fund
Total Compensation
Position Title
Compensation
Compensation
($ /yr)
Position Title
($ /yr)
Compensation
($ /yr)
(Eliminate) Accounting Manager
44,182
89,699
133,881
(New) Accountant
38,638
78,443
117,081
TOTAL IMPACT:
(5,544)
(11,256)
(16,800)
3)
Total GF
Total Utility
Total Compensation
2) _
Compensation
Fund
Total Compensation _
Position Title
($ /yr)
Compensation
($ /yr)
($ /yr)
(Former) Utility Billing /Revenue
122,952
Supervisor
24,590
98,362
(Proposed)Utility Billing /Revenue
124,990
Manager (Reclassify)
26,204
104,816
131,020
FoTAT`IMPACT:
1,614
6,454
8,068
3)
Total GF
Total Utility
Total Compensation
Position Title
Compensation
Fund
($ /yr)
($ /yr)
Compensation
($ /Yr)
(Former) Accountant /Budget
121,956
Analyst
121,956
-
(Proposed) Accounting Supervisor
124,990
(Reclassify)
41,247
83,743
TOTAL IMPACT:
3,034
80,709
83,743
TOTAL COST SAVINGS
(5,698)
Department Head Approval Date: 8/30/2012
City Manager Approval Date: 8/30/2012
City Attorney Approval Date: N/A
3
ITEM NO. 7.C.3
Attachments (list in packet assembly order):
1. Resolution of the City of Rohnert Park Approving Job Description and Salary Range
for Utility Billing and Revenue Manager, Accounting Supervisor and Accountant
2. Job description for Utility and Revenue Manager
3. Job description for Accounting Supervisor
4. Job description for Accountant
RESOLUTION NO. 2012-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING JOB DESCRIPTIONS AND SALARY RANGES FOR UTILITY AND REVENUE
MANAGER, ACCOUNTING SUPERVISOR AND ACCOUNTANT
WHEREAS, the City Council approved the reorganization of the Finance Department in the
adopted budget on June 26, 2012;
WHEREAS, the reorganization eliminated the Accounting Manager position and replaced it with
an Accountant position, reclassified the Utility Billing and Revenue Supervisor to Utility and Revenue
Manager and reclassified the Accountant /Budget Analyst to Accounting Supervisor;
WHEREAS, the Utility and Revenue Manager position was placed in the Management Unit and
approved salary range of 90 ($6,078 - $$7,388) per month;
WHEREAS, The Accounting Supervisor position is in the Confidential Unit and approved salary
range of 88 -CF ($5,790 - $7,037) per month;
WHEREAS, the Accounting position is in the Rohnert Park Employees' Association Unit and
approved range of 87 ($5,669 - $6,890) per month;
WHEREAS, the Accounting Supervisor and the Utility and Revenue Manager positions are
unrepresented;
WHEREAS, staff met and consulted with the Rohnert Park Employees' Association regarding
the same;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park
approves the change in positions and salary ranges as stated above.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this
I 1 th day of September 2012.
CITY OF ROHNERT PARK
Mayor
ATTEST:
City Clerk
AHANOTU: BELFORTE: CALLINAN: STAFFORD: MACKENZIE:
AYES: ( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( )
City of Rohnert Park
UTILITY BILLING & REVENUE MANAGER
DEFINITION
Under direction, plans, organizes, directs and coordinates the activities related to utility
billing and collection of various fees and taxes for utility services, business licenses,
permits, animal licenses, and other miscellaneous accounts receivable; oversees all
aspects of utility billing, payment collection, cash balancing, payroll functions and
customer relations; coordinates activities with other City departments and the public;
supervises the work of clerical and technical staff, including accounts payable and
payroll; provides assistance to the Finance Director and performs other related duties
as required.
DISTINGUISHING CHARACTERISTICS
The Utility Billing & Revenue Manager is responsible for efficiently overseeing the
City's utility billing operations, revenue collection, accounts payable activities and
payroll functions. The incumbent is responsible for supervising the collections of all
monies due to the City and ensuing proper accounting an audit controls for cash and
accounts receivables. Responsibilities also include the supervision of technical and
support staff to organize, delegate and coordinate work to meet the needs of customers
and the City's revenue collection goals. When dealing with delinquent payers, the Utility
Billing & Revenue Manager has discretion to. determine a course of action varying
from negotiating a deferred payment plan to shutting off the customer's water. This
position has the overall responsibility for overseeing the preparation of utility bills,
resolving utility billing problems, and supervising the various billing functions in addition
to overseeing business and animal license, permits, other fee collection activities,
accounts payable and payroll functions.
SUPERVISION RECEIVED /EXERCISED
General direction is provided by the Finance Director. The incumbent may supervise
finance services staff engaged in utility billing, business licensing, animal licensing,
accounts payable, payroll and other assigned functions of the Finance Department. The
incumbent is expected to provide direct assistance to the Finance Director and act in
his /her absence.
ESSENTIAL JOB DUTIES
(These duties are a representative sample; position assignments may vary)
• May train, supervise and evaluate work of assigned staff
• Participates in the selection of staff; schedules work and solves problems
• Analyzes major accounts and prepares monthly reconciliation of subsidiary
accounts to General Ledger
• Coordinates and performs the City's collections and bankruptcy activities
• Develops collection strategies
• Reviews bankruptcy notifications
City of Rohnert Park
Utility Billing & Revenue Manager
Page 2 of 5 Pages
• Develops, coordinates, administers and reviews systems and programs to meet
special needs or to enhance the City's revenue collection efforts
• Identifies inaccuracies, misclassification of funds or inefficiencies and suggests
corrective measures
• Prepares resolutions and ordinances
• Analyzes utility rates and updates rate models
• Assists others in Finance Department in solving accounting problems and
responds to inquiries from various sources
• Processes payroll in the absence of the Payroll Specialist
• Attends City Council meetings and makes presentations
• Plans, organizes, directs and participates in the activities related to utility billing,
payment/revenue collections, and customer relations
• Manages metered water accounts, including making necessary changes to
specialized software database
• Reviews and approves adjustments to customer accounts
• Negotiates payments agreements and makes adjustments to accounts in non -
routine cases
• Maintains and updates automated utility billing system and uses system to
prepare utility bills, billing registers and reports
• Prepares rate analyses and financial studies for utility funds; recommends
changes in City fees and charges
• Reviews and provides information to City officials regarding water use
• Supervises in the processing of applications and payments for water, sewer and
trash services from the public
• Calculates and accepts pro -rated fees and deposits
• Reviews deposits, payments and adjustments to proper accounts
• Analyzes distribution reports to ensure correct posting to the General Ledger
• Reconciles utility billing system to the General Ledger
• Interprets error messages and corrects errors; responds to customer questions
and complaints
• Supervises meter reading functions and analyzes meter reading input
• Supervises meter reading service requests, repairs, replacements, and audits;
evaluates unpaid accounts
• Plans, coordinates and supervises the collection of various fees and taxes for
business licenses, animal licenses, permits, parking violations, and other
miscellaneous accounts receivable
• Develops and revises policies and procedures related to revenue and collections
City of Rohnert Park
Utility Billing & Revenue Manager
Page 3 of 5 Pages
• Oversees and performs special account research and analysis for the
department, City staff and the public
• Oversees the coordination of collection activities with those of other City
departments
• Verifies incoming monies from various City departments and other agencies;
prepares deposit forms as required; codes and inputs revenues into the online
computer system
• Carries out investment actions and wire transfers as directed
• Analyzes and ensures effective audit controls of various revenue programs
• Monitors revenue levels from various fee and tax programs and prepares reports
• Supervises the preparation of documents necessary for collecting delinquent
accounts through collection agencies, small claims and bankruptcy courts
• Supervises the accounts payable and payroll function
• Responds to customer inquiries and problems
• Selects, supervises, trains, evaluates and coordinates the work of assigned
Finance Dept staff; resolves problems for staff
• Identifies and suggests methods by which City can collect additional revenue and
improve efficiency of utility billing operations
• Periodically reviews various fee schedules and makes recommendations for fee
changes or new fees
• Assists with preparation of departmental staff reports, resolutions and public
hearing notices
• Trains new users on the use of applicable areas of the software package
• Prepares correspondence and /or special reports
• May make oral presentations representing the department and /or City
• May review and implement new revenue collection programs with other City
departments
• May act as a disaster service worker in the event of a disaster or emergency
• Acts in the absence of the Finance Director
QUALIFICATIONS
Education/Training /Experience:
Sufficient education, training and experience to oversee the City's utility billing
operations, accounts payable, payroll and revenue collections. A typical way of
obtaining the required qualifications is to possess:
City of Rohnert Park
Utility Billing & Revenue Manager
Page 4 of 5 Pages
A Bachelor's Degree in accounting, finance or business administration or related
field is desirable and may be substituted for years of experience
Equivalent of six (6) years of increasingly responsible experience in billing,
accounts payable and revenue collections accounting, including four (4) years of
supervisory experience, preferably in a public agency
License Requirements:
• Possession of a Class C California driver's license by date of appointment
Knowledge of:
• Thorough knowledge of Generally Accepted Accounting and Auditing Standards,
bookkeeping and financial record - keeping methods related to utility billing,
accounts payable, payroll and revenue collection
• Municipal utility regulations and practices, billing and payment methods and
meter- reading systems
• Manual and automated billing and financial record - keeping systems
• Applicable federal, state and local laws, codes or regulations related to payroll
and billing and collection of a City water system, public information and privacy
protection
• Accounts payable policies and procedures for a public agency
• Public relations techniques and procedures
• Principles and practices of supervision and performance management
• Modern office practices, procedures and equipment including a computer and
applicable financial, statistical, database and billing and payment software
Skill to:
• Perform accurate data entry at a speed acceptable to complete work
assignments in a timely manner, i.e. not less than 40 net w.p.m.
• Perform 10 -key by touch
• Utilize specialized computer software programs and implement system software
changes
Ability to:
• Apply accounting principles and practices to a wide variety of standard and non-
standard transactions
• Plan, assign, supervise and participate in the work of staff involved in utility
billing, accounts payable, payroll and collections activities
City of Rohnert Park
Utility Billing & Revenue Manager
Page 5 of 5 Pages
• Analyze and interpret accounting records
• Prepare and present reports related to billing operations and financial condition
• Prepare comprehensive, clear and concise accounting, statistical, cost and
administrative reports
• Analyze complex issues, evaluate alternatives and reach sound conclusions
• Make adjustments to operating procedures as necessary to improve
organizational effectiveness
• Interpret, apply and explain a variety of rules, policies and procedures
• Maintain confidentiality as required
• Ability to select, train, supervise, evaluate and mentor assigned staff
• Communicate clearly and concisely, both orally and in writing
• Establish and maintain cooperative working relationships
• Communicate effectively and deal diplomatically with irate persons and in difficult
situations
• Perform detailed numerical work with speed and accuracy and detect record -
keeping and data entry errors
• Compile and maintain accurate information, records, and files
• Learn and utilize new technology
• Respond to inquiries or complaints from customers, regulatory agencies, or
members of the business community and effectively present information to
management
• Work independently with minimal supervision
Workina Conditions:
Position requires prolonged sitting, standing, walking, reaching, twisting, turning,
kneeling, bending, squatting, and stooping in the performance of daily office activities.
The position also requires grasping, repetitive hand movement, and fine coordination in
preparing statistical reports and data using a computer keyboard and 10 -key calculator.
Additionally, the position requires near and color vision in reading correspondence,
statistical data, and using the computer, and hearing is required when providing phone
and face -to -face customer service. The need to lift, drag, and push files, paper, and
documents weighing up to 25 pounds in also required. Incumbent works in an office
environment under the pressure of a variety of non - negotiable deadlines, is subject to
frequent interruptions and may be required to interact with irate customers.
FLSA Status: Exempt
Employee Unit: Confidential
Approved By: City Council
Date Approved: June 26, 2012
City of Rohnert Park
ACCOUNTING SUPERVISOR
DEFINITION
Performs responsible, specialized financial, budgeting and auditing functions under general
supervision. Assigns, reviews, and participates in the daily operations and activities of a
variety of accounting functions, provides technical and responsible assistance to the Finance
Director, and performs other work as assigned.
DISTINGUISHING CHARACTERISTICS
The Accounting Supervisor is an advanced, journey -level class having thorough knowledge
of municipal accounting and auditing work, and budgetary policies and procedures. The
incumbent is uses independent judgment to formulate, modify and perform a full range of
accounting activities, and to direct, train and supervise others in performance of such duties.
The Accounting Supervisor is distinguished from the Finance Director by the latter's
responsibility for the policy and activities of the entire Finance Department, and from the
Utility Billing and Revenue Manager by the latter's responsibility for fiscal operations related
to receiving and disbursing monies owed to and by the City.
SUPERVISION RECEIVED /EXERCISED
General direction is provided by the Finance Director. Responsibilities include direct
supervision of assigned professional and technical accounting staff.
ESSENTIAL JOB DUTIES
(These duties are a representative sample; position assignments may vary)
• Sets up, maintains and monitors accounts for City funds, facilities and operations
• Processes journal entries; reconciles accounts and balances with General Ledger;
investigates and resolves discrepancies, determines and authorizes necessary
adjustments
• Reconciles all bank accounts and bond statements for the City, the Redevelopment
and Housing Successor Agencies, and the City's Financing Authority on a monthly
basis
• Prepares monthly cash reports which include project reports for the City, the
Redevelopment and Housing Successor Agencies and the City's Financing Authority
• Gathers data required for tax returns, such as fuel used or hazardous materials
generated, calculates taxes owed and prepares tax filings, such as sales taxes,
hazardous waste tax returns, fuel tax returns and filings for any non profits associated
with the City
• Processes bond draws for reimbursement of project expenses
• Prepares annual insurance report for REMIF
• Performs costing and research related to employee negotiations
• Participates in the selection of staff; trains, supervises and evaluates work of assigned
staff; schedules work and resolves problems
• Analyzes major accounts and prepares monthly reconciliation of subsidiary accounts
to General Ledger
• Controls, updates and maintains capital asset system
• Designs and performs internal and external audits
City of Rohnert Park
Accounting Supervisor
Page 2 of 3
• Performs a variety of studies, financial analyses, and recommendations relating to
organization, systems, procedures, cost - effectiveness, and financial legislation
• Identifies inaccuracies, misclassification of funds or inefficiencies and recommends
and implements corrective measures
• Researches costs of City services and analyzes fees charged
• Prepares schedule of federal expenditures and analyzes federally- funded Construction
in Progress (CIP)
• Prepares resolutions and ordinances; implements adopted policies
• Prepares annual budget documents and budget reports; completes budget to actual
analysis
• Tracks developer deposits and funds capital projects
• Provides expertise to others in Finance Department in solving accounting problems
and responds to inquiries from various sources
• Attends City Council meetings and makes presentations
• Performs other duties assigned by the Finance Director
• May act as a disaster service worker in the event of a disaster or emergency
In performing the duties described above, the incumbent is expected to:
• Provide outstanding and friendly customer service
• Create and maintain a respectful and collaborative working environment
• Communicate honestly and behave in a manner that is ethical, legal and fiscally
responsible
• Demonstrate care for the organization, customers and coworkers
• Practice and encourage initiative and innovation to improve the workplace
QUALIFICATIONS
Experience/Education/Training:
Sufficient experience, education, and training to perform professional accounting and auditing
work, and to supervise accounting personnel of a City finance department. A typical way to
obtain the required qualifications is:
• Possession of the equivalent of a Bachelor's Degree from an accredited college or
university with at least twelve semesters or equivalent quarter units in accounting or
business administration; or possession of a Certified Public Accountant Certificate
recognized by the California Board of Accountancy; and
• Two or more years of responsible, professional accounting and auditing work.
Experience in supervising technical or clerical support staff is desirable. Experience in
a public sector setting is also desirable.
Knowledge of:
• Thorough knowledge of Generally Accepted Accounting and Auditing Standards
• Principles and practices of municipal accounting, budgeting and auditing
• Principles and practices of leadership, supervision, and training
• Pertinent federal, state and local laws, regulations and codes
Skill to:
• Type at a minimum rate of 50 net words per minute
City of Rohnert Park
Accounting Supervisor
Page 3 of 3
• Utilize computer software programs
Ability to:
• Apply accounting principles and practices to a wide variety of standard and non-
standard transactions; set up, maintain and reconcile financial transaction records
• Prepare a variety of financial statements, reports and analyses with supporting
statistics and data
• Analyze complex financial data and arrive at logical conclusions Use spreadsheets
and other computer applications related to financial operations
• Organize and prioritize a high volume of work in order to meet recurring deadlines
• Gather and analyze information to make independent decisions and solve practical
operational problems
• Maintain confidentiality of information as required
• Establish and maintain effective working relationships with co- workers and the general
public
• Understand, interpret and apply laws, rules, regulations and ordinances, and apply
complex guidelines affecting the department's activities
• Interpret governmental accounting rules and regulations
• Interpret and explain City accounting policies and procedures
• Perform complex mathematical calculations with speed and accuracy
• Learn and operate new technology as acquired by the City of Rohnert Park
• Exercise sound, independent judgment within established guidelines
• Interact effectively under pressure and meet deadlines
• Communicate effectively both verbally and in writing
Working Conditions:
Position requires prolonged sitting in the performance of daily duties and frequent grasping,
repetitive hand movement and fine coordination, and keyboarding for inputting data and
preparing reports and other documents. The position also requires walking,
standing, stooping, some pushing and dragging of files and journals weighing up to 25
pounds The position requires near, far, and color vision in reading documents and statistical
data, and hearing is required when providing phone and face -to -face customer service. The
incumbent often juggles multiple tasks, works under pressure of deadlines, is subjected to
office machines and equipment noise, and works with frequent interruptions.
FLSA Status: Exempt (Administrative)
Employee Unit: Confidential
Approved By: City Manager
Date Approved: September 11, 2012
City of Rohnert Park
ACCOUNTANT
DEFINITION
This classification performs a wide range of professional accounting work for the City,
the Redevelopment and Housing Successor Agencies and the City's Financing Authori-
ty; monitors accounts; records and reports financial transactions for assigned funds and
City departments; balances subsidiary accounts and reconciles General Ledger; recon-
ciles bank statements; prepares monthly cash reports, budget performance reports, tax
filings, profit and loss statements and other financial statements, analyses and reports;
performs internal and external audits; assists with budget preparation and presentations
and performs other duties as required.
DISTINGUISHING CHARACTERISTICS
The Accountant is a journey -level classification. Incumbents perform the full range of
professional accounting work and are expected to work independently. Successful per-
formance requires a thorough knowledge of governmental accounting principles, prac-
tices and procedures, and the ability to exercise sound, independent judgement within
established guidelines. The incumbent must organize and prioritize work to meet dead-
lines and operational needs.
SUPERVISION RECEIVED /EXERCISED
Supervision is provided by the Accounting Supervisor. The Accountant may also re-
ceive general direction from the Finance Director and /or Utility Billing and Revenue
Manager.
ESSENTIAL JOB DUTIES
(These duties are a representative sample; position assignments may vary)
• Maintains and monitors accounts for City funds, facilities and operations
• Processes journal entries; reconciles accounts and balances with General Ledg-
er; investigates and resolves discrepancies, and makes necessary adjustments
• Reconciles all bank accounts for the City, the Revelopment and Housing Suc-
cessor Agencies and the City's Financing Authority on a monthly basis
• Prepares monthly cash reports which include project reports for the City, the
Revelopment and Housing Successor Agencies and the City's Financing Authori-
ty
• Gathers data required for tax returns, such as fuel or hazardous materials gener-
ated; calculates taxes owed and prepares tax filings, such as sales taxes, haz-
ardous waste tax returns, fuel tax returns and filings for any non- profits associat-
ed with the City
• Processes bond draws for reimbursement of project expenses
• Prepares annual insurance report for Redwood Empire Municipal Insurance Fund
(REMIF)
• Assists in preparing annual budgets and budget reports
City of Rohnert Park
Accountant
Page 2 of 3
• Prepares financial statements and various financial reports for Federal, State and
other outside agencies
• Performs a variety of financial analyses for other departments
• Researches and analyzes transactions to resolve budget issues
• Assists other Finance Department staff in solving accounting problems
• May attend meetings regarding legislation that could affect the City
• May act as a disaster service worker in the event of a disaster or emergency
• Performs other duties and special projects assigned by the Finance Director
In performing the duties described above, the incumbent is expected to:
• Provide outstanding and friendly customer service
• Create and maintain a respectful and collaborative working environment
• Communicate honestly and behave in a manner that is ethical, legal and fiscally
responsible
• Demonstrate care for the organization, customers and coworkers
• Practice and encourage initiative and innovation to improve the workplace
QUALIFICATIONS
Education/Training/Experience:
Sufficient education, training and experience to perform professional accounting and
budgeting work in a city Finance Department. A typical way to obtain the required quali-
fications is:
• Possession of the equivalent to graduation from a four -year college or university
with major coursework in accounting, finance, business administration, or a
closely - related field, and
• One (1) year of professional accounting experience in a public agency setting
• Sufficient professional accounting support work may be substituted for the edu-
cation on a year- for -year basis to a maximum of two years
Knowledge of:
• Thorough knowledge of generally- accepted accounting principles and practices
• Governmental accounting principles and practices
• Budget projection methodologies
• Standard financial office procedures, machines, manual and automated data
storage, processing and retrieval systems
• IRS regulations, procedures and forms; and the laws, codes and regulations
governing the financial operations of a city
Skill to:
• Utilize standard computer software programs
• Type accurately at a minimum rate of 40 net words per minute
• Perform public sector accounting and budget work
• Make public presentations
City of Rohnert Park
Accountant
Page 3 of 3
Ability to:
• Apply accounting principles and practices to a wide variety of standard and non-
standard transactions; maintain and reconcile financial transaction records
• Prepare a variety of financial statements, reports and analyses with supporting
statistics and data
• Analyze financial data and arrive at logical conclusions, perform mathematical
calculations with speed and accuracy
• Use spreadsheets and other computer applications related to financial operations
• Organize and prioritize a high volume of work in order to meet recurring dead-
lines
• Gather and analyze information to make decisions and solve practical operation-
al problems
• Communicate effectively both verbally and in writing
• Maintain confidentiality as required
• Establish and maintain effective working relationships with coworkers and gen-
eral public
• Learn and utilize new technology
Working Conditions:
Position requires prolonged sitting in the performance of daily duties and frequent repet-
itive keyboarding motion for inputting data and preparing reports and other documents.
The position also requires walking, standing, stooping, some pushing, dragging, and
light lifting, up to 25 pounds, while obtaining and returning journals, printouts and doc-
uments. Additionally, the position requires near, far and color vision in reading corre-
spondence, statistical data, and using a computer; and hearing is required when provid-
ing phone and face -to -face customer service. The position works in an office environ-
ment around standard office equipment and is subject to interruptions and deadlines.
FLSA Status:
Non - exempt
Employee Unit:
RPEA
Approved By:
City Manager
Date Approved:
September 11, 2012
ITEM NO. 7.C.4 and 7.D.1
Mission Statement
"We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow."
CITY OF ROHNERT PARK AND
ROHNERT PARK FINANCING AUTHORITY
CITY COUNCIL AGENDA REPORT
Meeting Date: September 11, 2012
Department:
Administration
Submitted By:
Gabriel A. Gonzalez, City Manager
Prepared By:
Linda T. Babonis, Economic Development Manager
Agenda Title:
Approving Redemption of Prior. Bonds Issued by Rohnert Park
Financing Authority and Execution of Release of Regulatory
Agreements and Declarations of Restrictive Covenants Relating to
Rancho Feliz and Las Casitas de Sonoma Mobile Home Parks
RECOMMENDED ACTION:
City Council:
1) Adopt Resolution approving, authorizing, and directing execution of a Release of
Supplemental Regulatory Agreement and Declaration of Restrictive Covenants relating to
Rancho Feliz Mobile Home Park.
Rohnert Park Financing Authority:
1) Adopt Resolution approving, authorizing, and directing execution of (A) directions to
redeem prior bonds issued by the Rohnert Park Financing Authority to assist in financing
the Rancho Feliz Mobile Home Park and the Las Casitas de Sonoma Mobile Home Park
(together, the "Projects ") and (B) releases of certain regulatory agreements and
declarations of restrictive covenants recorded on the Projects in connection with the
issuance of the prior bonds.
BACKGROUND:
The Rohnert Park Financing Authority ( "Authority ") issued the following bonds to enable
Millennium Housing of California ( "Millennium "), a California non - profit public benefit
corporation, to acquire Las Casitas de Sonoma and Rancho Feliz;
• April 2001: $4,875,000 Series 2001A Rohnert Park Financing Authority Mobile Home
Park Revenue Bonds and $500,000 Series B Subordinate (Las Casitas De Sonoma).
• August 2003: $13,220,000 Series 2003 A Rohnert Park Financing Authority Mobile
Home Park Revenue Bonds and Subordinate Series 2003 B $3,485,000 (Rancho Feliz
Mobil Home Park).
1
ITEM NO. 7.C.4 and 7.DA
Due to historically low tax - exempt bond rates, Millennium Housing has requested that new
refunding bonds be issued by the Independent Cities Finance Authority ( "ICFA "). Rohnert Park
is a member of the ICFA.
Pursuant to the Internal Revenue Code, the governing body of the jurisdiction where the project
is located must approve the issuance of the refunding bonds following the holding of a noticed
public hearing (hereinafter referred to as a "TEFRA Hearing "). At its August 28, 2012 meeting,
the Council held a "TEFRA" Hearing, at which time the requested refunding was approved.
In order to complete the required steps for issuance of the refunding bonds, the following must
occur;
1) The Rohnert Park Financing Authority must consent to the redemption and agree to
release the existing bond regulatory agreements.
2) The Community Development Commission ' ( "CDC ") executed a Supplemental
Regulatory Agreement in connection with the issuance of the Mobile Home Park
Revenue Bonds for Rancho Feliz Mobile Home Park. The City, as Successor to the
former. Community Development Commission, must release the Supplemental
Regulatory Agreement.
Millennium Housing will enter into a new regulatory agreement and declaration of restrictive
covenants with respect to each Project setting forth certain covenants and agreements necessary
to maintain the tax exempt status of the bonds.
The following restrictive covenants have been incorporated into the ICFA Bond Regulatory
Agreement;
1) Income requirements comparable to those contained in the form er Bond Regulatory
Agreements, Supplemental Regulatory Agreement and Affordable Housing Agreement.
2) Commitment to continued compliance with the Mobile Home Ordinance.
Millennium Housing will execute a separate Oversight Agent Agreement. An ICFA Oversight
Agent ( "Agent ") would be responsible for monitoring and reporting on Millennium's compliance
with the covenants contained in the ICFA Bond Regulatory Agreement. The City will receive
copies of the monthly reports generated for the ICFA.
ANALYSIS:
Due to the difference in interest rates between the initial bonds (6.40 %/5.90 %) vs. a proposed
new rate of approximately (4.85 %) the debt service savings warrant a refunding. As noted above,
these savings will allow Millennium Housing to generate significant additional funds for capital
improvements, which will be used for infrastructure upgrades to electrical systems, street
improvements, clubhouse enhancements and other necessary projects. Las Casitas, which is a
50- year -old community, particularly needs these improvements.
Because of the funds generated through this refunding, none of these capital improvement costs
will be passed on to the residents, even though that would be permitted under the Rent Control
Ordinance.
2
ITEM NO. 7.C.4 and 7.DA
This action, taken together with companion actions by the City of Rohnert Park, will permit the
refunding to go forward, including the repayment of a $332,500 Community Development
Commission Housing Loan, while preserving the protections contained in the existing
agreements.
Additionally, new Regulatory Agreements between ICFA and Millennium Housing will be
provided as part of the refunding bonds.
OPTIONS CONSIDERED:
1. Leaving the current bonds outstanding
2. Approving the proposed refunding
FISCAL IMPACT /FUNDING SOURCE:
All costs associated with the refunding will be borne by Millennium Housing as part of the
refunding.
Millennium will use a portion of the bond proceeds to repay the Affordable Housing Loan
extended by the City in 2001 to assist with the acquisition of Las Casitas de Sonoma. This loan
has an accrued balance of approximately $332,000 and would otherwise not be due until 2032.
Existing rents will not be affected by this refinance. In fact, this refunding will eliminate the need
for a capital improvement pass - through, which might have been requested if these improvements
were funded solely through project cash flows.
Department Head Approval Date: 8 -29 -12
City Manager Approval Date: 8 -29 -12
City Attorney Approval Date: 9 -4 -12
Attachments (list in packet assembly order):
City of Rohnert Park;
1. Resolution of City of Rohnert Park
2. Release of Supplemental Regulatory Agreement
Rohnert Park Financing Authority;
1. Resolution of Rohnert Park Financing Authority
2. Release of Regulatory Agreement and Declaration of Restrictive Covenants — Las
Casitas de Sonoma
3. Release of Regulatory Agreement and Declaration of Restrictive Covenants — Rancho
Feliz
4. Direction to Redeem Bonds — Las Casitas de Sonoma
5. Direction to Redeem Bonds — Rancho Feliz
6. ICFA Regulatory Agreement — Las Casitas de Sonoma
7. ICFA Regulatory Agreement — Rancho Feliz
3
RESOLUTION NO. 2012-103
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROHNERT PARK APPROVING, AUTHORIZING, AND
DIRECTING EXECUTION OF A RELEASE OF
SUPPLEMENTAL REGULATORY AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS
RELATING TO THE RANCHO FELIZ MOBILE HOME
PARK LOCATED IN THE CITY OF ROHNERT PARK
WHEREAS, the Rohnert Park Financing Authority (the "Authority ") previously issued
its Mobile Home Park Revenue Bonds (Rancho Feliz Mobilehome Park) Series 2003A and its
Mobile Home Park Subordinate Revenue Bonds (Rancho Feliz Mobilehome Park) Series 2003B
(together, the "Prior Rancho 'Feliz Bonds ") and loaned the proceeds thereof to Millennium
Housing Corporation, a California nonprofit public benefit corporation ( "Millennium Housing "),
in order to provide financing with respect to the acquisition and improvement of the Rancho
Feliz Mobile Home Park (the `.`Rancho Feliz Project") located in the City; and
WHEREAS, in connection with the issuance of the Prior Rancho Feliz Bonds by the
Authority, the Community Development Commission of the City of Rohnert Park (the
"Commission ") provided additional funds to assist Millennium Housing with the acquisition and
renovation of the Rancho Feliz Project; and
WHEREAS, as a condition to receiving the Commission assistance, Millennium Housing
entered into a Supplemental Regulatory Agreement and Declaration of Restrictive Covenants
(the "Supplemental Regulatory Agreement ") with the Commission whereby Millennium
Housing agreed to restrict the use of the Rancho Feliz Project; and
WHEREAS, on June 28, 2011 the Governor of the State of California signed into law
Assembly Bill No. 26 (the "Dissolution Act "), the constitutionality of which was subsequently
challenged and upheld by the California Supreme Court in the matter of Cali ornia
Redevelopment Association et. al. v Ana Matosantos, et. al; and
WHEREAS, the Supreme Court's decision in the Matosantos matter required the
dissolution of all redevelopment agencies in California as of February 1, 2012; and
WHEREAS, Health and Safety Code Section 34176(a) allowed a city that authorized
creation of a redevelopment agency to elect to retain the housing assets and functions previously
performed by the redevelopment agency; and
WHEREAS, on January 10, 2012, the City Council of the City of Rohnert Park adopted
Resolution No. 2012 -10 to affirmatively elect, among other things, to retain the housing assets
and functions previously performed by the Commission, including those related to the
Supplemental Regulatory Agreement;
WHEREAS, the Independent Cities Finance Authority, a joint powers authority
organized and existing under the laws of the State of California (the "ICFA "), proposes to issue
its Mobile Home Park Revenue Refunding Bonds (Augusta Homes Mobile Home Park Pool)
DMWEST #9240566 v3
Series 2012A (the "Series A Bonds ") and its Mobile Home Park Subordinate Revenue
Refunding Bonds (Augusta Homes Mobile Home Park Pool) Series 2012B (Federally Taxable)
(the "Series B Bonds" and, together with the Series A Bonds, the "Bonds ") and loan the proceeds
thereof to Millennium Housing, LLC, a California limited liability company (the "Owner ") to (i)
refund the Prior Rancho Feliz Bonds, (ii) finance certain additional renovations and
improvements to the Rancho Feliz Project, (iii) fund certain reserves and (iv) finance the costs of
issuing the Bonds; and
WHEREAS, in connection with the refinancing of the Prior Rancho Feliz Bonds,
ownership in the Rancho Feliz Project will be transferred to the Owner; and
WHEREAS, in connection with issuance of the Bonds, the Authority and the Owner will
enter into a Regulatory Agreement and Declaration of Restrictive Covenants with respect to the
Rancho Feliz Project setting forth certain covenants and agreements to restrict the use of the
Rancho Feliz Project, including certain covenants necessary to maintain the tax - exempt status of
the Series A Bonds; and
WHEREAS, in connection with the refunding of the Prior Rancho Feliz Bonds with the
proceeds of the Bonds, the Owner has requested that the City of Rohnert Park, as the successor
to the Commission, agree to release the Supplemental Regulatory Agreement recorded on the
Rancho Feliz Project pursuant to a Release of Supplemental Regulatory Agreement and
Declaration of Restrictive Covenants (the "Release of Supplemental Regulatory Agreement "), a
form of which is now before the City Council; and
WHEREAS, following the pricing of the Bonds, a final version of the Release of
Supplemental Regulatory Agreement, in substantially the form presented to the City Council on
the date hereof, with such changes as are not inconsistent with the purposes of this Resolution,
will be delivered to the Mayor or other proper officer for execution; and
WHEREAS, the City Council has previously determined that the issuance of the Bonds to
refinance the Prior Rancho Feliz Bonds and to finance additional renovations to the Rancho Feliz
Project will benefit the tenants residing therein and will benefit the City by improving the
affordable housing available within the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ROHNERT PARK AS FOLLOWS:
Section 1. The City Council hereby approves the execution of the Release of
Supplemental Regulatory Agreement in substantially the form presented to the City Council,
with such changes as are not inconsistent with the purposes of this Resolution. The Mayor, City
Manager, City Clerk, and any other proper officers and officials of the City, are hereby
authorized and directed to take all actions and do all things necessary or desirable hereunder with
respect to the Release of Supplemental Regulatory Agreement including, but not limited to, the
execution and delivery of any agreements, certificates, instruments and other documents which
they, or any of them, may deem necessary or desirable and not inconsistent with the purposes of
this Resolution.
DMWEST #9240566 v3 2
Section 2. The adoption of this Resolution shall not obligate the City or any
department thereof to (i) provide any additional financing with respect to the Rancho Feliz
Project or (ii) approve any application or request for or take any other action in connection with
any planning approval, permit or other action necessary for the operation of the Rancho Feliz
Project.
Section 3. This Resolution shall take effect immediately upon its adoption.
I HEREBY CERTIFY that the above and foregoing resolution was passed and adopted
by the City Council of the City of Rohnert Park at its meeting held on the 11th day of September,
2012, by the following vote:
ATTEST:
City Clerk
CITY OF ROHNERT PARK
Mayor
AHANOTU: BELFORTE: CALLINAN: STAFFORD: MACKENZIE:
AYES: ( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( )
DMWEST #9240566 v3 3
Attachment 2
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
Fredrick H. Olsen, Esq. )
Ballard Spahr LLP )
201 S. Main St., Suite 800 )
Salt Lake City, UT 84111 -2221 )
This document is recorded for the benefit of the City of Rohnert Park, and the recording
is fee - exempt under Section 27383 of the Government Code.
RELEASE OF SUPPLEMENTAL REGULATORY AGREEMENT AND DECLARATION OF
RESTRICTIVE COVENANTS
THIS RELEASE OF SUPPLEMENTAL REGULATORY AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS (this "Release ") is made on this th day
of September, 2012 by and between MILLENNIUM HOUSING CORPORATION, a California
nonprofit public benefit corporation (the "Owner "), and the CITY OF ROHNERT PARK (the
"City ").
WITNESSETH:
WHEREAS, the Community Development Commission of the City of Rohnert Park (the
"Commission ") previously provided financial assistance to the Owner in connection with its
acquisition and renovation of a mobile home park known as the Rancho Feliz Mobile Home Park
located on certain real property in the City, more particularly described in Exhibit A attached
hereto (the "Project ");
WHEREAS, as a condition of the financial assistance, the Commission required the
Owner to agree to certain restrictions running with the land as set forth in that certain
Supplemental Regulatory Agreement and Declaration of Restrictive Covenants, dated as of
September 1, 2003, filed in the records of Sonoma County, California on the 11`h day of
September, 2003 as Instrument No. 2003191671 (the "Supplemental Regulatory Agreement ");
WHEREAS, pursuant to Section 10 of the Supplemental Regulatory Agreement, the
Supplemental Regulatory Agreement may be terminated upon agreement by the Commission and
the Owner;
WHEREAS, on June 28, 2011 the Governor of the State of California signed into law
Assembly Bill No. 26 (the "Dissolution Act "), the constitutionality of which was subsequently
challenged and upheld by the California Supreme Court in the matter of California
Redevelopment Association et. al. v Ana Matosantos, et. al;
WHEREAS, the Supreme Court's decision in the Matosantos matter required the
dissolution of all redevelopment agencies in California as of February 1, 2012;
DMWEST #9237238 v2
WHEREAS, Health and Safety Code Section 34176(a) allowed a city that authorized
creation of a redevelopment agency to elect to retain the housing assets and functions previously
performed by the redevelopment agency;
WHEREAS, on January 10, 2012, the City Council of the City of Rohnert Park adopted
Resolution No. 2012 -10 to affirmatively elect, among other things, to retain the housing assets
and functions previously performed by the Commission, including those related to the
Supplemental Regulatory Agreement;
WHEREAS, the Owner has requested that the lien and restrictions of the Supplemental
Regulatory Agreement be released and terminated pursuant to the terms of this Release.
NOW, THEREFORE, in consideration of these premises and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
agree and consent as follows:
1. The lien and restrictions of the Supplemental Regulatory Agreement on the
Project are hereby released and the Supplemental Regulatory Agreement is hereby terminated.
2. This Release may be executed in any number of counterparts, each of which shall
be deemed an original and all of which, taken together, shall constitute one instrument.
3. This Release shall be governed by the laws of the State of California.
[BALANCE OF PAGE LEFT INTENTIONALLY BLANK]
DMWEST #9237238 v2 2
IN WITNESS WHEREOF, the parties have executed this Release as of the date
first above written.
STATE OF CALIFORNIA
ss.
COUNTY OF
CITY OF ROHNERT PARK, a municipal
corporation
In
Name:
Title:
On _, 2012, before me, , a Notary
Public, personally appeared , who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /she /they executed the same in his/her /their
authorized capacity(ies), and that by his/her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California
that the foregoing paragraph is true and correct.
Signature
WITNESS my hand and official seal.
(Seal)
DMWEST #9237238 v2 S -1
STATE OF CALIFORNIA
ss.
COUNTY OF
MILLENNIUM HOUSING
CORPORATION, a California nonprofit
public benefit corporation
By:
George R. Turk, Jr., President
On September _, 2012, before me, , a
Notary Public, personally appeared George R. Turk, Jr., who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by
his signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California
that the foregoing paragraph is true and correct.
Signature
WITNESS my hand and official seal.
(Seal)
DMWEST #9237238 v2 S -2
EXHIBIT A
LEGAL DESCRIPTION OF LAND
The land is situated in the City of Rohnert Park, County of Sonoma, State of
California, and is described as follows:
DMWEST #9237238 Q A -I
RESOLUTION NO. 2012-01
RESOLUTION OF THE BOARD OF THE ROHNERT PARK
FINANCING AUTHORITY ( "THE AUTHORITY ")
APPROVING, AUTHORIZING, AND . DIRECTING
EXECUTION OF (A) DIRECTIONS TO REDEEM PRIOR
BONDS ISSUED BY THE AUTHORITY TO ASSIST IN
FINANCING THE RANCHO FELIZ MOBILE HOME PARK
AND THE LAS CASITAS DE SONOMA MOBILE HOME
PARK (TOGETHER, THE "PROJECTS ") AND (B)
RELEASES OF CERTAIN REGULATORY AGREEMENTS
AND DECLARATIONS OF RESTRICTIVE COVENANTS
RECORDED ON THE PROJECTS IN CONNECTION WITH
THE ISSUANCE OF THE PRIOR BONDS
WHEREAS, the Rohnert Park Financing Authority (the "Authority ") previously issued
its Mobile Home Park Revenue Bonds (Las Casitas de Sonoma) Series 2001A and its Mobile
Home Park Subordinate Revenue Bonds (Las Casitas de Sonoma) Series 2001B (together, the
"Prior Las Casitas Bonds ") pursuant to an Indenture of Trust, dated as of April 1, 2001, between
the Authority and Union Bank, N.A. (formerly known as Union Bank of California, N.A.), in
such capacity (the "Prior Las Casitas Trustee "), and loaned the proceeds of the Prior Las Casitas
Bonds (the "Prior Las Casitas Loan ") to Millennium Housing of California, a California
nonprofit public benefit corporation (the "Prior Las Casitas Borrower "), in order ,to provide
financing with respect to the acquisition and improvement of the Las Casitas de Sonoma Mobile
Home Park (the "Las Casitas Project") located in the City of Rohnert Park, California (the
"City "); and
WHEREAS, the Authority previously issued its Mobile Home Park Revenue Bonds
(Rancho Feliz Mobilehome Park) Series 2003A and its Mobile Home Park Subordinate Revenue
Bonds (Rancho Feliz Mobilehome Park) Series 2003B (together, the "Prior Rancho Feliz Bonds"
and, collectively with the Prior Las Casitas Bonds, the "Prior Bonds ") pursuant to an Indenture
of Trust, dated as of September 1, 2003, between the Authority and Union Bank, N.A. (formerly
known as Union Bank of California, N.A.), in such capacity (the "Prior Rancho Feliz Trustee"
and, together with the Prior Last Casitas Trustee, the "Prior Trustees "), and loaned the proceeds
of the Prior Rancho Feliz Bonds (the "Prior Rancho Feliz Loan" and, together with the Prior Las
Casitas Loan, the "Prior Loans ") to Millennium Housing Corporation, a California nonprofit
public benefit corporation (the "Prior Rancho. Feliz Borrower" and, together with the Prior Las
Casitas Borrower, the "Prior Borrowers "), in order to provide financing with respect to the
acquisition and improvement of the Rancho Feliz Mobile Home Park (the "Rancho Feliz
Project" and, together with the Las Casitas Project, the "Projects ") located in the City; and
WHEREAS, the Independent Cities Finance Authority, a joint powers authority
organized and existing under the laws of the State of California (the "ICFA "), proposes to issue
its Mobile Home Park Revenue Refunding Bonds (Rancho Feliz and Las Casitas de Sonoma)
Series 2012A (the "Series A Bonds ") and its Mobile Home Park Subordinate Revenue
Refunding Bonds (Rancho Feliz and Las Casitas de Sonoma) Series 2012B (Federally Taxable)
(the "Series B Bonds" and, together with the Series A Bonds, the "Bonds ") and loan the proceeds
DMWEST #9240582 v2
thereof to Millennium Housing, LLC, a California limited liability company (the `Borrower ") to
(i) refund the Prior Bonds, (ii) finance certain renovations and improvements to the Projects, (iii)
fund certain reserves and (iv) finance the costs of issuing the Bonds; and
WHEREAS, in connection with the refinancing of the Prior Bonds, ownership in the
Projects will be transferred to the Borrower; and
WHEREAS, to facilitate the refunding of the Prior Bonds with the proceeds of the Bonds,
the Borrower has requested that the Authority provide its written consent to certain redemption
direction letters to the Prior Trustees (the "Directions to Redeem the Prior Bonds "), forms of
which are now before the Board of the Authority; and
WHEREAS, in connection with issuance of the Bonds, the ICFA and the Borrower will
enter into a regulatory agreement and declaration of restrictive covenants with respect to each
Project setting forth certain covenants and agreements necessary to maintain the tax - exempt
status of the Series A Bonds; and
WHEREAS, in connection with the refunding of the Prior Bonds, the Borrower has
requested that the Authority agree to release the existing regulatory agreements recorded on the
Projects pursuant to a Release of Regulatory Agreement and Declaration of Restrictive
Covenants with respect to each Project (together, the "Releases of Prior Regulatory
Agreements "), forms of which are now before the Board of the Authority; and
WHEREAS, following the pricing of the Bonds, final versions of the Directions to
Redeem the Prior Bonds and of the Releases of Prior Regulatory Agreements 'in substantially the
forms presented to the Board on the date hereof, with such changes as are not inconsistent with
the purposes of this Resolution, will be delivered to the chairman or other proper officer of the
Authority for execution; and
WHEREAS, the Board of the Authority has determined that the issuance of the Bonds to
refinance the Prior Bonds and to finance additional renovations, to the Projects will benefit the
tenants residing therein and will benefit the City by improving the affordable housing available
within the City.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF THE ROHNERT
PARK FINANCING AUTHORITY, AS FOLLOWS:
Section 1. The Board of the Authority hereby approves the execution of the
Directions to Redeem the Prior Bonds and the. Releases of Prior Regulatory Agreements in
substantially the forms presented to the Board, with such changes as are not inconsistent with the
purposes of this Resolution. The chairman, vice chair and any other proper officers and officials
of the Authority are hereby authorized to execute the same on behalf of the Authority. The
chairman, vice chair and any other proper officers and officials of the Authority are hereby
authorized and directed to take all steps on behalf of the Authority to perform and discharge the
obligations of the Authority under said instruments.
Section 2. The adoption of this Resolution shall not obligate the Authority, the City
or any department thereof to (i) provide any additional financing with respect to the Projects or
DMWEST #9240582 v2 2
(ii) approve any application or request for or take any other action in connection with any
planning approval, permit or other action necessary for the operation of the Projects.
Section 3. This Resolution shall take effect immediately upon its adoption.
I HEREBY CERTIFY that the above and foregoing resolution was passed and adopted
by the Board of the Rohnert Park Financing Authority at its meeting held on the 11th day of
September, 2012, by the following vote:
ATTEST:
Secretary
Chair
AHANOTU: BELFORTE: CALLINAN: STAFFORD: MACKENZIE:
AYES: ( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( )
DMWEST #9240582 v2 c 3
Attachment 2
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
Fredrick H. Olsen, Esq. )
Ballard Spahr LLP )
201 S. Main St., Suite 800 )
Salt Lake City, UT 84111 -2221 )
This document is recorded for the benefit of the Rohnert Park Financing Authority, and
the recording is fee - exempt under Section 27383 of the Government Code.
RELEASE OF REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE
COVENANTS
THIS RELEASE OF REGULATORY AGREEMENT AND DECLARATION OF
RESTRICTIVE COVENANTS (this "Release ") is made on this th day of September, 2012
by and among UNION BANK, N.A. (formerly known as Union Bank of California, N.A.), as
trustee (the "Trustee "), MILLENNIUM HOUSING OF CALIFORNIA, a California nonprofit
public benefit corporation (the "Borrower "), and the ROHNERT PARK FINANCING
AUTHORITY, a public body corporate and politic duly organized and existing under the laws of
the State of California (the "Authority ").
WITNESSETH:
WHEREAS, the Authority previously issued its Mobile Home Park Revenue Bonds (Las
Casitas de Sonoma) Series 2001A and its Mobile Home Park Subordinate Revenue Bonds (Las
Casitas de Sonoma) Series 2001 B (collectively, the "Bonds ");
WHEREAS, the Authority loaned the proceeds of the Bonds to the Borrower pursuant to
a loan agreement dated as of April 1, 2001 (the "Loan Agreement ") among the Authority, the
Trustee and the Borrower to provide financing for a mobile home park known as the Las Casitas
de Sonoma Mobile Home Park located on certain real property in the City of Rohnert Park,
County of Sonoma, California, more particularly described in Exhibit A attached hereto (the
"Project ");
WHEREAS, as a condition of the issuance of the Bonds and the loan of the proceeds
thereof to the Borrower, the Authority required the Borrower to agree to certain restrictions
running with the land as set forth in that certain Regulatory Agreement and Declaration of
Restrictive Covenants, dated as of April 1, 2001, filed in the records of Sonoma County,
California on the 11`h day of April, 2001 as Instrument No. 2001042303 (the "Regulatory
Agreement ");
WHEREAS, the Independent Cities Finance Authority ( "ICFA ") is issuing its Mobile
Home Park Revenue Refunding Bonds (Rancho Feliz and Las Casitas de Sonoma) Series 2012A
and its Mobile Home Park Subordinate Revenue Refunding Bonds (Rancho Feliz and Las
Casitas de Sonoma) Series 2012B (Federally Taxable) (collectively, the "Refunding Bonds ") for
the purpose of refunding the outstanding Bonds;
DMWEST #9237197 v1
WHEREAS, in connection with the issuance of the Refunding Bonds, ICFA, the Trustee
and the Borrower will enter into a Regulatory Agreement and Declaration of Restrictive
Covenants dated as of September 1, 2012 (the "2012 Regulatory Agreements ") pursuant to
which the Borrower will agree to restrict the use of the Project to ensure that the Project will be
used and operated in accordance with the Internal Revenue Code of 1986, as amended (the
"Code ") and Chapter 8, Part 5 of Division 31 of the California Health and Safety Code (the
"Act");
WHEREAS, the Borrower has requested and the Authority and the Trustee have agreed
that the lien and restrictions of the Regulatory Agreement be released and terminated pursuant to
the terms of this Release.
NOW, THEREFORE, in consideration of these premises and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
agree and consent as follows:
1. The lien and restrictions of the Regulatory Agreement on the Project are hereby
released and the Regulatory Agreement is hereby terminated.
2. This Release may be executed in any number of counterparts, each of which shall
be deemed an original and all of which, taken together, shall constitute one instrument.
3. This Release shall be governed by the laws of the State of California.
[BALANCE OF PAGE LEFT INTENTIONALLY BLANK]
DMWEST #9237197 v1 2
IN WITNESS WHEREOF, the parties have executed this Release as of the date
first above written.
ROHNERT PARK FINANCING
AUTHORITY
i-M
Name:
Title:
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On _, 2012, before me, , a Notary
Public, personally appeared , who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /she /they executed the same in his /her /their
authorized capacity(ies), and that by his/her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
DMWEST #9237197 v1 S -1
STATE OF CALIFORNIA
ss.
COUNTY OF
MILLENNIUM HOUSING OF
CALIFORNIA, a California nonprofit
public benefit corporation
BY:
George R. Turk, Jr., President
On September _, 2012, before me, , a
Notary Public, personally appeared George R. Turk, Jr., who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by
his signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
DMWEST #9237197 v1 S -2
STATE OF CALIFORNIA
ss.
COUNTY OF
UNION BANK, N.A., as Trustee
By:
Authorized Officer
On September _, 2012, before me, , a Notary
Public, personally appeared , who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /she /they executed the same in his /her /their
authorized capacity(ies), and that by his/her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
DMWEST #9237197 v1 S_3
EXHIBIT A
LEGAL DESCRIPTION OF LAND
The land is situated in the City of Rohnert Park, County of Sonoma, State of
California, and is described as follows:
DMWEST #9237197 v1 A -1
Attachment 3
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
Fredrick H. Olsen, Esq. )
Ballard Spahr LLP )
201 S. Main St., Suite 800 )
Salt Lake City, UT 84111-2221 )
This document is recorded for the benefit of the Rohnert Park Financing Authority, and
the recording is fee - exempt under Section 27383 of the Government Code.
RELEASE OF REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE
COVENANTS
THIS RELEASE OF REGULATORY AGREEMENT AND DECLARATION OF
RESTRICTIVE COVENANTS (this "Release ") is made on this th day of September, 2012
by and among UNION BANK, N.A. (formerly known as Union Bank of California, N.A.), as
trustee (the "Trustee "), MILLENNIUM HOUSING CORPORATION, a California nonprofit
public benefit corporation (the "Borrower "), and the ROHNERT PARK FINANCING
AUTHORITY, a public body corporate and politic duly organized and existing under the laws of
the State of California (the "Authority ").
WITNES SETH:
WHEREAS, the Authority previously issued its Mobile Home Park Revenue Bonds
(Rancho Feliz Mobilehome Park) Series 2003A and its Mobile Home Park Subordinate Revenue
Bonds (Rancho Feliz Mobilehome Park) Series 2003B (collectively, the "Bonds ");
WHEREAS, the Authority loaned the proceeds of the Bonds to the Borrower pursuant to
a loan agreement dated as of September 1, 2003 (the "Loan Agreement ") among the Authority,
the Trustee and the Borrower to provide financing for a mobile home park known as the Rancho
Feliz Mobile Home Park located on certain real property in the City of Rohnert Park, County of
Sonoma, California, more particularly described in Exhibit A attached hereto (the "Project ");
WHEREAS, as a condition of the issuance of the Bonds and the loan of the proceeds
thereof to the Borrower, the Authority required the Borrower to agree to certain restrictions
running with the land as set forth in that certain Regulatory Agreement and Declaration of
Restrictive Covenants, dated as of September 1, 2003, filed in the records of Sonoma County,
California on the l 11h day of September, 2003 as Instrument No. 2003191669 (the "Regulatory
Agreement ");
WHEREAS, the Independent Cities Finance Authority ( "ICFA ") is issuing its Mobile
Home Park Revenue Refunding Bonds (Rancho Feliz and Las Casitas de Sonoma) Series 2012A
and its Mobile Home Park Subordinate Revenue Refunding Bonds (Rancho Feliz and Las
Casitas de Sonoma) Series 2012B (Federally Taxable) (collectively, the "Refunding Bonds ") for
the purpose of refunding the outstanding Bonds;
DMWEST #9237126 v1
WHEREAS, in connection with the issuance of the Refunding Bonds, ICFA, the Trustee
and the Borrower will enter into a Regulatory Agreement and Declaration of Restrictive
Covenants dated as of September 1, 2012 (the "2012 Regulatory Agreements ") pursuant to
which the Borrower will agree to restrict the use of the Project to ensure that the Project will be
used and operated in accordance with the Internal Revenue Code of 1986, as amended (the
"Code ") and Chapter 8, Part 5 of Division 31 of the California Health and Safety Code (the
"Act");
WHEREAS, the Borrower has requested and the Authority and the Trustee have agreed
that the lien and restrictions of the Regulatory Agreement be released and terminated pursuant to
the terms of this Release.
NOW, THEREFORE, in consideration of these premises and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
agree and consent as follows:
1. The lien and restrictions of the Regulatory Agreement on the Project are hereby
released and the Regulatory Agreement is hereby terminated.
2. This Release may be executed in any number of counterparts, each of which shall
be deemed an original and all of which, taken together, shall constitute one instrument.
3. This Release shall be governed by the laws of the State of California.
[BALANCE OF PAGE LEFT INTENTIONALLY BLANK]
DMWEST #9237126 v1 2
IN WITNESS WHEREOF, the parties have executed this Release as of the date
first above written.
ROHNERT PARK FINANCING
AUTHORITY
IC
Name:
Title:
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On _, 2012, before me, , a Notary
Public, personally appeared , who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /she /they executed the same in his/her /their
authorized capacity(ies), and that by his/her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature.
DMWEST #9237126 v1 S -1
STATE OF CALIFORNIA
ss.
COUNTY OF
MILLENNIUM HOUSING
CORPORATION, a California nonprofit
public benefit corporation
By:
George R. Turk, Jr., President
On September _, 2012, before me, ' a
Notary Public, personally appeared George R. Turk, Jr., who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by
his signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California
that the foregoing paragraph is true and correct.
Signature
WITNESS my hand and official seal.
.(Seal)
DMWEST #9237126 v1 S -2
STATE OF CALIFORNIA
ss.
COUNTY OF
UNION BANK, N.A., as Trustee
Authorized Officer
On September _, 2012, before me, , a Notary
Public, personally appeared , who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /she /they executed the same in his /her /their
authorized capacity(ies), and that by his/her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature,
DMWEST #9237126 v1 S -3
Seal)
EXHIBIT A
LEGAL DESCRIPTION OF LAND
The land is situated in the City of Rohnert Park, County of Sonoma, State of
California, and is described as follows:
DMWEST #9237126 v1 A -I
Attachment 4
DIRECTION TO REDEEM BONDS
Union Bank, N.A.
120 S. San Pedro Street, 4th Floor
Los Angeles, California 90012
Attention: Corporate Trust Department
RE: Rohnert Park Financing Authority Mobile Home Park Revenue Bonds
(Las Casitas de Sonoma) Series 2001A and Mobile Home Park
Subordinate Revenue Bonds (Las Casitas de Sonoma) Series 2001B
(together, the "Bonds ")
Reference is made to that certain Indenture of Trust dated as of April 1, 2001 (the
"Indenture ") between the Rohnert Park Financing Authority and Union Bank, N.A.
(formerly known as Union Bank of California, N.A.) (the "Trustee "). Capitalized terms
not otherwise defined herein have the meanings set forth in the Indenture.
Pursuant to Section 4.1(b) of the Indenture, the Borrower hereby directs the
Trustee to cause the Bonds to be redeemed in whole on October _, 2012 (the
"Redemption Date ") from funds deposited by the Borrower with the Trustee on or prior
to September , 2012 (the "Defeasance Date "). The Trustee is hereby directed to give
notice on the Defeasance Date of such redemption in accordance with Section 4.5 of the
Indenture.
Upon receipt of moneys in an amount which shall be sufficient, or Government
Obligations the principal of and interest on which when due will provide moneys which,
together with the moneys, if any, deposited with the Trustee at the same time, shall be
sufficient, to pay the principal of and interest on and Redemption Price of the Bonds on
the Redemption Dates, the Trustee is hereby directed to take such actions as may be
necessary to defease the Bonds in accordance with Section 13.1 of the Indenture.
DMWEST #9237264 v1
Dated: September , 2012.
Millennium Housing of California,
a California nonprofit public benefit
corporation
an
George R. Turk, Jr., President
(Direction to Redeem Bonds — Las Casitas de Sonoma Mobile Home Park)
S -1
The undersigned hereby acknowledges and consents to the Direction to Redeem
Bonds.
Dated: September_, 2012.
Rohnert Park Financing Authority
By: _
Name:
Title:
(Direction to Redeem Bonds — Las Casitas de Sonoma Mobile Home Park)
S -2
Attachment 5
DIRECTION TO REDEEM BONDS
Union Bank, N.A.
120 S. San Pedro Street, 4th Floor
Los Angeles, California 90012
Attention: Corporate Trust Department
RE: Rohnert Park Financing Authority Mobile Home Park Revenue Bonds
(Rancho Feliz Mobilehome Park) Series 2003A and Mobile Home Park
Subordinate Revenue Bonds (Rancho Feliz Mobilehome Park) Series
2003B (together, the "Bonds ")
Reference is made to that certain Indenture of Trust dated as of September 1,
2003 (the "Indenture ") between the Rohnert Park Financing Authority and Union Bank,
N.A. (formerly known as Union Bank of California, N.A.) (the "Trustee "). Capitalized
terms not otherwise defined herein have the meanings set forth in the Indenture.
Pursuant to Section 4.1(b) of the Indenture, the Borrower hereby directs the
Trustee to cause the Bonds to be redeemed in whole on September 15, 2013 (the
"Redemption Date ") from funds deposited by the Borrower with the Trustee on or prior
to September , 2012 (the " Defeasance Date "). The Trustee is hereby directed to give
notice, as soon as practicable, of such redemption in accordance with Section 4.5 of the
Indenture. The Trustee is also hereby directed to give notice, as soon as practicable, of
its receipt of the defeasance deposit in accordance with Section 13.1(c)(iii) of the
Indenture.
Upon receipt of moneys in an amount which shall be sufficient, or Government
Obligations the principal of and interest on which when due will provide moneys which,
together with the moneys, if any, deposited with the Trustee at the same time, shall be
sufficient, to pay the principal of and interest on and Redemption Price of the Bonds on
the Redemption Date, the Trustee is hereby directed to take such actions as may be
necessary to defease the Bonds in accordance with Section 13.1 of the Indenture.
DMWEST #9237261 v1
Dated: September_, 2012.
Millennium Housing Corporation,
a California nonprofit public benefit
corporation
RN
George R. Turk, Jr., President
(Direction to Redeem Bonds — Rancho Feliz Mobile Home Park)
S -1
Bonds. The undersigned hereby acknowledges and consents to the Direction to Redeem
Dated: September , 2012.
Rohnert Park Financing Authority
By: _
Name:
Title:
(Direction to Redeem Bonds — Rancho Feliz Mobile Home Park)
S -2
Attachment 6
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
Fredrick H. Olsen, Esq. )
Ballard Spahr LLP )
201 S. Main St., Suite 800 )
Salt Lake City, UT 84111 -2221 )
This document is recorded for the benefit of the Independent Cities Finance Authority, and the
recording is fee exempt under Section 27383 of the Government Code.
REGULATORY AGREEMENT
AND DECLARATION OF RESTRICTIVE COVENANTS
(LAS CASITAS DE SONOMA)
by and among the
INDEPENDENT CITIES FINANCE AUTHORITY,
as Authority
UNION BANK, N.A.,
as Trustee
MILLENNIUM HOUSING, LLC,
as Borrower
Dated as of September 1, 2012
Relating to:
Independent Cities Finance Authority
Mobile Home Park Revenue Refunding Bonds
(Rancho Feliz and Las Casitas de Sonoma) Series 2012A
Independent Cities Finance Authority
Mobile Home Park Subordinate Revenue Refunding Bonds
(Rancho Feliz and Las Casitas de Sonoma) Series 2012B (Federally Taxable)
DMW EST #9228998 v2
TABLE OF CONTENTS
Page
Section 1. Definitions and Interpretation .................. 2
Section 2. Representations and Warranties of the Borrower ................... ............................... 6
Section 3. Residential Rental Property .................................................... ............................... 6
Section 4. Additional Program Requirements ......................................... ............................... 8
Section5. Qualified Residents ................................................................. ............................... 9
Section6. Reserved ...................................... ...............................
Section 7. Tax Status of the Bonds ........................................................ ............................... 12
Section 8. Modification of Special Tax Covenants ............................... ............................... 13
Section9. Indemnification ..................................................................... ............................... 14
Section 10. Consideration ............................ ............... ............................... 14
Section 11. Reliance ........... ...............................
Section 12. Sale or Transfer of the Project .............................................. ............................... 15
Section13. Term ........................................................................ ...............................
Section 14. Covenants to Run With the Land .......................................... ............................... 16
Section 15. Burden and Benefit ............................................................... ............................... 17
Section 16. Uniformity Common Plan ...................... ........................ ............................... 17
Section17. Enforcement .......................................................................... ............................... 17
Section 18. Recording and Filin ............................................................. ............................... 18
Section19. Payment of Fees ..................................................................... ............................... 18
Section20. Governing Law ..................................................................... ............................... 18
Section21. Amendments ......................................................................... ............................... 18
Section 22. Notice ..............
Section23. Severability ........................................................................... ............................... 19
DMWEST #9228998 v2 i
Section 24. Multiple Counterparts ........................................................... ............................... 19
Section 25. Trustee Acting Solely in Such CapacitX ............................... .....••.••..................... 19
Section 26. Compliance by Borrower ............ ...............................
Section 27. Limited Liability of the Authority ........................................ ............................... 20
EXHIBIT A - Legal Description ................................................................. ............................... A -1
EXHIBIT B - Income Certification ................................................................. ............................B -1
EXHIBIT C - Certification of Continuing Program Compliance .................... ............................0 -1
DMWEST #9228998 v2 ii
REGULATORY AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS
(LAS CASITAS DE SONOMA)
THIS REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE
COVENANTS (the "Regulatory Agreement "), made and entered into as of September 1, 2012, is by
and among the Independent Cities Finance Authority, a joint powers authority organized and
existing under the laws of the State of California (the "Authority "), Union Bank, N.A., a national
banking association, as trustee (the "Trustee ") under an Indenture of Trust dated as of the date hereof
between the Authority and the Trustee, and Millennium Housing, LLC, a California limited liability
company, as the owner of the property described in Exhibit A attached hereto (the "Borrower ").
RECITALS:
WHEREAS, the Legislature of the State of California enacted Chapter 8, Part 5 of Division
31 of the California Health and Safety Code (the "Act ") to authorize cities, including joint powers
authorities among cities, to issue bonds to finance the acquisition of mobile home parks to provide
housing for persons of very low income; and
WHEREAS, the Authority is a constituted authority within the meaning of that term in the
Regulations of the Department of Treasury and the rulings of the Internal Revenue Service
prescribed and promulgated pursuant to Section 103 of the Internal Revenue Code of 1986, as
amended (the "Code "); and
WHEREAS, the Rohnert Park Financing Authority (the "Prior Issuer ") previously issued its
Mobile Home Park Revenue Bonds (Las Casitas de Sonoma) Series 2001A and its Mobile Home
Park Subordinate Revenue Bonds (Las Casitas de Sonoma) Series 2001B (together, the "Prior
Bonds ") pursuant to an Indenture of Trust, dated as of April 1, 2001 (the "Prior Indenture "), between
the Prior Issuer and Union Bank, N.A. (formerly known as Union Bank of California, N.A.), in such
capacity (the "Prior Trustee "), and loaned the proceeds of the Prior Bonds (the "Prior Loan ") to
Millennium Housing of California, a California nonprofit public benefit corporation (the "Prior
Borrower "), in order to provide financing with respect to the acquisition and improvement of the Las
Casitas de Sonoma Mobile Home Park (the "Project ") located in the City of Rohnert Park, California
(the "City "); and
WHEREAS, the Authority has adopted a resolution (the "Resolution ") authorizing the
issuance of revenue bonds in connection with the refinancing of the Project to be owned by the
Borrower; and
WHEREAS, in furtherance of the purposes of the Act and the Resolution, the Authority
proposes to issue $ aggregate initial principal amount of its revenue bonds in two series
designated "Independent Cities Finance Authority Mobile Home Park Revenue Refunding Bonds
(Rancho Feliz and Las Casitas de Sonoma), Series 2012A" (the "Series A Bonds ") and "Independent
Cities Finance Authority Mobile Home Park Subordinate Revenue Refunding Bonds (Rancho Feliz
and Las Casitas de Sonoma), Series 201213" (the "Series B Bonds" and together with the Series A
Bonds, the "Bonds "), the proceeds of which will be loaned to the Borrower (the "Loan ") which, in
consideration of the Loan, will cause to be delivered to the Trustee its promissory note in the
DMW EST #9228998 v2 I
aggregate principal amount of the Bonds (the "Note ") secured by the Deed of Trust with Absolute
Assignment of Leases and Rents, Security Agreement and Fixture Filing (the "Mortgage ") recorded
in the office of the County Recorder for the County of Sonoma; and
WHEREAS, the Authority, the Trustee and the Borrower have entered into a Loan
Agreement, dated the date hereof (the "Loan Agreement "), pursuant to which the Authority will
make the Loan to the Borrower to refinance the Project and the Other Project (as defined herein) and
pay and redeem the Prior Bonds and certain bonds previously issued to finance the Other Project;
and
WHEREAS, the Note will be held by the Trustee in trust for the benefit of the Owners from
time to time of the Bonds pursuant to the terms of the Indenture to pay when due the principal of and
interest on the Bonds; and
WHEREAS, all things necessary to make the Bonds, when issued as provided in the
Indenture, the valid and binding limited obligations of the Authority according to the import thereof,
and to constitute the Indenture a valid assignment of the amounts pledged to the payment of the
principal of, and premium, if any, and interest on the Bonds have been done and performed, and the
creation, execution, and delivery of the Indenture and the execution and issuance of the Bonds,
subject to the terms thereof, in all respects have been duly authorized; and
WHEREAS, the Code and the regulations and rulings promulgated with respect thereto and
the Act prescribe that the use and operation of the Project be restricted in certain respects and in
order to ensure that the Project will be used and operated in accordance with the Code (including
Section 501(c)(3) of the Code) and the Act, the Authority, the Trustee and the Borrower have
determined to enter into this Regulatory Agreement in order to set forth certain terms and conditions
relating to the operation of the Project.
NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth
herein, and other good and valuable consideration, the receipt and sufficiency of which hereby are
acknowledged, the Authority, the Trustee and the Borrower hereby agree as follows:
Section 1. Definitions and Interpretation. In addition to the terms defined in the
foregoing recitals, the following terms used in this Regulatory Agreement shall have the respective
meanings assigned to them in this Section 1 unless the context in which they are used clearly
requires otherwise:
"Adjusted Income" - The anticipated total annual income of the individuals or family who
intend to occupy a Space, determined in a manner consistent with determinations of Low Income
families by the Secretary of Housing and Urban Development under Section 8 of the United States
Housing Act of 1937, as amended (or, if such program is terminated, under such program as in effect
immediately before such termination). Subsection (g) and (h) of Code section 7872 shall not apply
in determining income hereunder.
"Administration Agreement" - The Administration and Oversight Agreement, dated as of
September 1, 2012, by and among the Authority, the Borrower and the Oversight Agent.
DMWEST #9228998 v2 2
"Area" — Santa Rosa - Petaluma, CA MSA or such other area as may be designated by HUD in
which the Project is located.
"Authority Annual Fee" - An amount equal to 1 /10 of one percent of the outstanding
principal amount of the Bonds payable to the Authority 1 /12 of such amount monthly, on the 15"'
day of each month, from the General Account of the Administration Fund or as otherwise provided
in Section 5.7 of the Indenture, commencing September 15, 2013 plus an annual amount to pay the
costs of the Authority audit report with respect to the Bonds, which is expected to be approximately
$3,000 per year, such amount to be billed by the Authority to the Borrower and to be paid by the
Borrower promptly upon receipt of such invoice and ending with the end of the term of this
Regulatory Agreement.
"Certificate of Continuing Program Compliance" - The certificate with respect to the Project
to be filed by the Borrower with the Authority, the Oversight Agent and the Trustee which shall be
substantially in the form attached hereto as Exhibit C.
"City" — The City of Rohnert Park, California.
"City Law" —The provisions of Ordinance 494 of the Rohnert Park Municipal Code relating
to rent review.
"Code" - The Internal Revenue Code of 1986, as amended; each reference to the Code shall
be deemed to include (a) any successor internal revenue law and (b) the applicable regulations
whether final, temporary or proposed under the Code or such successor law. Any reference to a
particular provision of the Code shall be deemed to include (a) any successor provision of any
successor internal revenue law and (b) the applicable regulations, whether final, temporary or
proposed, under such provision or successor provision.
"County" - The County of Sonoma.
"Functionally Related and Subordinate" - Facilities for use exclusively by tenants, for
example, swimming pools, other recreational facilities, parking areas and other facilities which are
reasonably required for the Project, for example, heating and cooling equipment, trash disposal
equipment and units for resident managers or maintenance personnel; provided that the same are of a
character and size commensurate with the character and size of the Project and, as to size, does not
exceed that necessary to service the requirements of the residents of the Project.
"Income Certification" - The Income Certification attached hereto as Exhibit B.
"Low Income Residents" - Individuals or families whose Adjusted Income does not exceed
the qualifying limits for low income families (currently 80% or less of the Median Income for the
Area), adjusted for actual household size, as established and amended from time to time pursuant to
Section 8 for the United States Housing Act of 1937, and as published by the State of California
Department of Housing and Community Development. If all occupants of a Space are or will be full
time students during five calendar months of the calendar year at an educational institution (other
than a correspondence school) with regular faculty and students, such occupants shall not be
considered to be Low Income Residents unless all such students are either (i) married and eligible to
DMWEST #9228998 v2 3
file a joint federal income tax return or (ii) single parents and their children and such parents and
children are not dependents of another individual or (ii) receiving assistance under Title IV of the
Social Security Act (including AFDC /TANF ) or the Job Training Partnership Act or under similar
Federal, State, or local laws, or were previously under the care and placement responsibility of the
State agency responsible for administering a plan under Part B or part E of Title IV of the Social
Security Act (foster care assistance). For purposes of determining Low Income Residents the
combined Adjusted Income of all occupants of a Space, whether or not legally related, shall be
utilized.
"Low Income Spaces" - The Spaces in the Project occupied by Low Income Residents.
"Median Income for the Area" - As of any date, the median gross income for the Area as
most recently determined by the Secretary of Housing and Urban Development under Section 8 of
the United States Housing Act of 1937, as amended, (or if such program is terminated, under such
program as in effect immediately before such termination). Except for any HUD Hold Harmless
Impacted Project, as defined in Code section 142(d)(2)(E)(iv), any determination of Median Income
for the Area with respect to the Project for any calendar year after 2008 shall not be less than the
Median Income for the Area determined with respect to the Project for the calendar year preceding
the calendar year for which such determination is made. Special rules for determining the Median
Income for the Area for calendar years after 2008 for HUD Hold Harmless Impacted Projects are set
forth in Code section 142(d)(2)(E)(iv).
"Other Project" means the Rancho Feliz Mobile Home Park located in the City, as more
particularly described in the Other Regulatory Agreement.
"Other Regulatory Agreement" means the Regulatory Agreement and Declaration of
Restrictive Covenants relating to the Other Project dated as of the date hereof among the Authority,
the Borrower and the Trustee.
"Oversight Agent" - The Oversight Agent appointed under the Administration Agreement,
which shall initially be Wolf & Company Inc.
"Oversight Agent's Fee" - The administration fee of the Oversight Agent, as set forth in the
Administration Agreement.
"Prior Bonds" means, collectively, the Rohnert Park Financing Authority Mobile Home Park
Revenue Bonds (Las Casitas de Sonoma) Series 2001A and Mobile Home Park Subordinate
Revenue Bonds (Las Casitas de Sonoma) Series 2001B.
"Project" means the Las Casitas de Sonoma Mobile Home Park located at 7545 Bridgit
Drive, Rohnert Park, CA on the real property more particularly described in Exhibit A hereto.
"Qualified Project Period" - The period beginning on the later of (i) the date of issuance of
the Bonds or (ii) the first date on which at least 10% of all of the Spaces in the Project are first
occupied and ending on the latest of (w) the date which is 15 years after the later of the date of
issuance of the Bonds or the date on which at least 50% of the Spaces in the Project are first
occupied, (x) the first day on which no tax - exempt private activity bond issued with respect to the
Project is outstanding, (y) the date on which any assistance provided with respect to the Project
DMWEST #9228998 v2 4
under Section 8 of the United States Housing Act of 1937 terminates, or (z) the date which is 30
years after the date of issuance of the Bonds; .provided such period is subject to extension in
accordance with Section 50) hereof.
"Qualified Residents" - - means Low Income Residents or Very Low Income Residents, as
applicable.
"Qualified Space" - a Low Income Space or a Very Low Income Space, as applicable.
"Space" - A mobile home space within the Project upon which a mobile home may be
placed.
"Tax Certificate" - The certificate as to arbitrage of the Authority and Borrower, dated as of
the Closing Date, with respect to the Bonds.
"Tax- exempt Bonds" — The Series A Bonds.
"Treasury Regulations" - The regulations of the Department of the Treasury, Internal
Revenue Service under Section 142(d) of the Code or predecessor Code sections, including,
Regulation Section 1.103 -8(b).
"Very Low Income Residents" - Individuals or families whose Adjusted Income does not
exceed the qualifying limits for very low income families (currently 50% or less of the Median
Income for the Area), adjusted for actual household size, as established and amended from time to
time pursuant to Section 8 for the United States Housing Act of 1937, and as published by the State
of California Department of Housing and Community Development. If all occupants of a Space are
or will be full -time students during five calendar months of the calendar year at an educational
institution (other than a correspondence school) with regular faculty and students, such occupants
shall not be considered to be Very Low Income Residents unless all such students are either (i)
married and eligible to file a joint federal income tax return or (ii) single parents and their children
and such parents and children are not dependents of another individual or (ii) receiving assistance
under Title IV of the Social Security Act (including AFDC /TANF ) or the Job Training Partnership
Act or under similar Federal, State, or local laws, or were previously under the care and placement
responsibility of the State agency responsible for administering a plan under Part B or part E of Title
IV of the Social Security Act (foster care assistance). For purposes of determining Very Low Income
Residents the combined Adjusted Income of all occupants of a Space, whether or not legally related,
shall be utilized.
"Very Low Income Spaces" - The Spaces in the Project occupied by Very Low Income
Residents pursuant to Section 5 of this Regulatory Agreement.
Such terms as are not defined herein shall have the meanings assigned to them in the
Indenture. Unless the context clearly requires otherwise, as used in this Regulatory Agreement,
words of the masculine, feminine or neuter gender shall be construed to include each other gender
when appropriate and words of the singular number shall be construed to include the plural number,
and vice versa, when appropriate. This Regulatory Agreement and all the terms and provisions
hereof shall be construed to effectuate the purposes set forth herein and to sustain the validity hereof.
The defined terms used in the preamble and recitals of this Regulatory Agreement have been
DMW EST #9228998 v2
included for convenience of reference only, and the meaning, construction and interpretation of all
defined terms shall be determined by reference to this Section 1 notwithstanding any contrary
definition in the preamble or recitals hereof. The titles and headings of the sections of this
Regulatory Agreement have been inserted for convenience of reference only, and are not to be
considered a part hereof and shall not in any way modify or restrict any of the terms or provisions
hereof or be considered or given any effect in construing this Regulatory Agreement or any
provisions hereof or in ascertaining intent, if any question of intent shall arise.
Section 2. Representations and Warranties of the Borrower. The Borrower hereby
represents, as of the date hereof, and covenants, warrants and agrees as follows:
(a) The Borrower has incurred a substantial binding obligation to acquire the
Project pursuant to which the Borrower is obligated to expend at least five percent (5 %) of
the principal amount of the Bonds.
(b) The Borrower's reasonable expectations respecting the use of Bond proceeds
are accurately set forth in the Tax Certificate and Agreement executed by the Borrower on
the Closing Date. No commercial property for lease (other than the Spaces) is being financed
by the Bonds.
(c) The statements made in the various certificates delivered by the Borrower to
the Authority or the Trustee are true and correct.
(d) Not more than 2% of the proceeds of the Tax - exempt Bonds shall be applied
to pay Cost of Issuance.
(e) Money on deposit in any fund or account in connection with the Bonds,
whether or not such money was derived from other sources, shall not be used by or under the
direction of the Borrower in a manner which would cause the Tax - exempt Bonds to be
"arbitrage bonds" within the meaning of Section 148 of the Code, and the Borrower
specifically agrees that the investment of money in any such fund shall be restricted as may
be necessary to prevent the Tax - exempt Bonds from being "arbitrage bonds" under the Code.
(f) The Borrower will not take or omit to take, as is applicable, any action if such
action or omission would in any way cause the proceeds from the sale of the Bonds to be
applied in a manner contrary to the requirements of the Indenture, the Loan Agreement, the
Other Regulatory Agreement and this Regulatory Agreement.
(g) The Borrower shall comply with all provisions of the Other Regulatory
Agreement.
Section 3. Residential Rental Property. The Borrower hereby represents, as of the date
hereof, and covenants, warrants and agrees as follows:
(a) The Project is being owned and operated for the purpose of providing
qualified residential rental housing, consisting of one mobile home Space for each
household, together with facilities which are Functionally Related and Subordinate to such
Spaces..
DMWEST #9228998 v2
(b) All of the mobile homes in the Project will contain separate facilities for
living, sleeping, eating, cooking and sanitation, including a sleeping area, bathing and
sanitation facilities and cooking facilities equipped with a cooking range, refrigerator and
sink.
(c) All of the Spaces will be available for rental on a continuous basis to
members of the general public during the Qualified Project Period, and the Borrower will not
give preference to any particular class or group in renting the Spaces in the Project, except to
the extent that Spaces are required to be leased or rented to Low Income Residents or Very
Low Income Residents.
(d) The Project comprises a single geographically and functionally integrated
project for residential rental property, as evidenced by the ownership, management,
accounting and operation of the Project.
(e) No part of the Project will at any time be owned or used as a condominium or
by a cooperative housing corporation, and the Borrower shall not take any steps toward such
conversion without an opinion of Bond Counsel that interest on the Tax - exempt Bonds will
not thereby become includable in gross income for federal income tax purposes.
(f) Should involuntary noncompliance with the provisions of this Regulatory
Agreement be caused by fire, seizure, requisition, foreclosure, transfer of title by deed in lieu
of foreclosure, change in a federal law or an action of a federal agency after the Closing Date
which prevents the Authority from enforcing the requirements of the Regulations, or
condemnation or similar event, the Borrower covenants that, within a "reasonable period"
determined in accordance with the Regulations, it will either prepay the Note or apply any
proceeds received as a result of any of the preceding events to reconstruct the Project to meet
the requirements hereof.
(g) There shall be no discrimination against or segregation of any person or group
of persons on account of race, color, religion, sex, marital status, ancestry, national origin,
source of income (e.g. AFDC (or its successor program, if any) or SSI) or disability in the
sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Project nor shall
the transferee or any person claiming under or through the transferee, establish or permit any
such practice or practices of discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of
the Project.
(h) The Low Income Spaces and Very Low Income Spaces shall be intermingled
with, and shall be of comparable quality to, all other Spaces in the Project. Tenants in all
Spaces shall have equal access to and enjoyment of all common facilities of the Project.
(i) In the aggregate, no more than two persons per bedroom, plus one person
shall occupy any Space in the Project, not including children born after the date of initial
occupancy by a household. For example, with respect to a two bedroom mobile home,
maximum occupancy shall be 5 persons (exclusive of post- occupancy children described
above).
DMW EST #9228998 v2 7
(j) None of the Spaces in the Project shall at any time be utilized on a transient
basis; none of the residents of the Project are residing at the Project for any ancillary purpose
unrelated to housing; none of the Spaces in the Project are being leased or rented to a person
or person who does not occupy such Space; and neither the Project nor any portion thereof
shall be used as a hotel, motel, dormitory, fraternity house, sorority house, rooming house,
hospital, nursing home, retirement home, sanitarium, rest home, or by a cooperative housing
corporation (as defined in Section 216(b)(1) of the Code).
(k) Substantially all (i.e., not less than 95 %) of the Project shall consist of
proximate structures located on one or more contiguous tracts of land which have similarly
constructed Spaces financed pursuant to a common plan together with Functionally Related
and Subordinate facilities, all of which shall be owned by the same "person" (as such term is
used in the Treasury Regulations) for federal tax purposes.
(1) The Borrower shall comply with all applicable provisions of the City Law,
including but not limited to provisions with respect to rent increases for the Spaces.
Section 4. Additional Program Requirements. The following provisions shall apply
during the term of this Agreement, irrespective of whether any Bonds are outstanding.
(a) The Borrower shall notify the Authority, and the Oversight Agent of the
operations /management company it will employ for the Project no less than thirty (30) days
prior to the signing of a contract with any such entity. Qualifications of the firm(s) shall also
be provided at that time and the Authority shall have the right to submit comments on the
qualifications of the firm, which shall be considered by Borrower prior to execution of a
contract.
(b) The Borrower is responsible for all management functions with respect to the
Project including without limitation the selection of tenants, certification and recertification
of household size and income, evictions, collection of rents and deposits, maintenance,
landscaping, routine and extraordinary repairs, replacement of capital items, and security.
The Authority shall have no responsibility over management of the Project. In no instance
shall the Borrower delegate or forego its responsibility to operate the Project in the manner
set forth in this Agreement and the Loan Agreement, except as expressly provided in Section
4(a) above.
(c) The Authority, .through its Authorized Officer, reserves the right to conduct
on or about July 15 of each year, commencing July 15, 2013, an annual (or more frequently,
if deemed necessary by the Authority) review of the management practices and financial
status of the Project. The purpose of each periodic review will be to enable the Authority to
determine if the Project is being operated and managed in accordance with the requirements
and standards of this Agreement. The Borrower shall cooperate with the Authority in such
reviews, including but not limited to making its books and records regarding the Project
available for inspection by the Authority.
(d) The Borrower agrees, for the entire term of this Agreement, to maintain all
common area interior and exterior improvements and common buildings on the Project
DMWEST #9228998 v2 8
(exclusive of the mobile homes and tenant spaces), including, without limitation, landscaping
at the Project, in good condition and repair, including necessary replacements (and, as to
landscaping, in a healthy condition) and in accordance with all applicable laws, rules,
ordinances, orders and regulations of all federal, state, county, municipal, and other
governmental agencies and bodies having or claiming jurisdiction and all their respective
departments, bureaus, and officials.
(e) The Authority places prime importance on quality maintenance to ensure that
all affordable housing projects that receive financing assistance within the jurisdiction of the
Authority are not allowed to deteriorate due to below- average maintenance. Normal wear
and tear of the Project will be acceptable to the Authority assuming the Borrower agrees to
provide all necessary improvements to assure the Project is maintained in good condition.
The Borrower shall make all repairs and replacements necessary to keep the Project in good
condition and repair.
(0 In the event that the Borrower breaches any of the covenants contained in this
Section 4 and such default continues for a period of ten (10) days after written notice from
the Authority, with respect to graffiti, debris, waste material, and general maintenance or
thirty (30) days after written notice from the Authority with respect to landscaping and
building improvements, then the Authority, in addition to whatever other remedy they may
have at law or in equity, shall have the right to enter upon the Project and perform or cause to
be performed all such acts and work necessary to cure the default. Pursuant to such right of
entry, the Authority shall be permitted (but are not required) to enter upon the Project and
perform all acts and work necessary to protect, maintain, and preserve the improvements and
landscaped areas on the Project, and to attach a lien on the Project, or to assess the Project, in
the amount of the expenditures arising from such acts and work of protection, maintenance,
and preservation by the Authority and /or costs of such cure, including a fifteen percent
(15 %) administrative charge, which amount shall be promptly paid by the Borrower to the
Authority upon written demand.
Section 5. (qualified Residents. (1) Pursuant to the requirements of the Code and the
Act, the Borrower hereby represents, as of the date hereof, and warrants, covenants and agrees as
follows:
(a) During the Qualified Project Period:
(i) not less than twenty percent (20 %) of the Spaces in the Project shall
be continuously occupied by Very Low Income Residents. The monthly rent
charged for not less than one -half of such Spaces required to be occupied by Very
Low Income Residents shall be not greater than as follows:
(A) where a Very Low Income Resident is both the registered and
legal owner of the mobile home and is not making mortgage payments for the
purchase of that mobile home, the total rental charge for occupancy of the
Space (excluding a reasonable allowance for other related housing costs
determined at the time of acquisition of the Project by the Borrower and
excluding any supplemental rental assistance from the State, the federal
DMWEST #9228998 v2 9
government, or any other public agency to the Very Low Income Resident or
on behalf of the Space and the mobile home) shall not exceed one - twelfth of
30 percent of 50 percent of Median Income for the Area, adjusted for
household size in the manner set forth below.
(B) where a Very Low Income Resident is the registered owner of
the mobile home and is making mortgage payments for the purchase of that
mobile home, the total rental charge for occupancy of the Space (excluding
any charges for utilities and storage and excluding any supplemental rental
assistance from the State, the federal government, or any other public agency
to the Very Low Income Resident or on behalf of the Space and mobile
home), shall not exceed one - twelfth of 15 percent of 50 percent of Median
Income for the Area, as adjusted for household size in the manner set forth
below.
(C) where a Very Low Income Resident rents both the mobile
home and the Space occupied by the mobile home, the total rental payments
paid by the Very Low Income Resident on the mobile home and the Space
occupied by the mobile home (excluding any supplemental rental assistance
from the State, the federal government, or any other public agency to that
Very Low Resident or on behalf of that Space and mobile home) shall not
exceed one - twelfth of 30 percent of 50 percent of Median Income for the
Area adjusted for household size in the manner set forth below.
(b) In adjusting rent for household size, it shall be assumed that one person will
occupy a recreational vehicle, two persons will occupy a single -wide mobile home and
three persons will occupy a multi- sectional mobile home; or as permitted under Section
52102(a) of the California Health and Safety Code, it shall be assumed that one person will
occupy a studio unit, two persons will occupy a one - bedroom unit, three persons will occupy
a two - bedroom unit, four persons will occupy a three- bedroom unit, and five persons will
occupy a four - bedroom unit.
(c) The Borrower also hereby represents, as of the date hereof, and warrants,
covenants and agrees that not less than thirty percent (30 %) of the Spaces in the Project (not
including any Spaces required to be occupied by Very Low Income Residents under Sections
5(a) above) shall be continuously occupied by Low Income Residents during the Qualified
Project Period.'
(d) In the event a recertification of such tenant's income in accordance with
Section 5(f) below demonstrates that such tenant no longer qualifies as a Qualified Resident,
the Space occupied by such Resident shall continue to be treated as a Qualified Space unless
and until any Space in the Project thereafter is occupied by a new tenant other than a
Qualified Resident of the applicable category. Moreover, a Space previously occupied by a
Qualified Resident and then vacated shall be considered occupied by a Qualified Resident of
the applicable category until reoccupied, other than for a temporary period, at which time the
character of the Space shall be redetermined. In no event shall such temporary period exceed
thirty one (3 1) days. Notwithstanding anything herein to the contrary, if at any time the
DMWEST #9228998 v2 10
number of Qualified Residents falls below the number required by subparagraphs (a)(i) or (c)
of this Section, the next available vacant Space shall be rented to a Qualified Resident of the
applicable category.
(e) Immediately prior to a Qualified Resident's occupancy of a Qualified Space
(or prior to the Closing Date with respect to Spaces previously occupied), the Borrower will
obtain and maintain on file an Income Certification form from each Qualified Resident
occupying a Qualified Space, dated immediately prior to the initial occupancy of such
Qualified Resident in the Project (or prior to the Closing Date in the case of existing
Qualified Residents). In addition, the Borrower will provide such further information as may
be required in the future by the State of California, and by the Act, as the same may be
amended from time to time, as requested by the Authority or the Oversight Agent. The
Borrower shall verify that the income provided by an applicant with respect to a Space to be
occupied after the Closing Date is accurate by taking one or more of the following steps as a
part of the verification process: (1) obtain a federal income tax return for the most recent tax
year, (2) obtain a written verification of income and employment from applicant's current
employer, such as a current pay stub or W -2 form, (3) if an applicant is unemployed or did
not file a tax return for the previous calendar year, obtain other verification of such
applicant's income reasonably satisfactory to the Oversight Agent or (4) such other
information as may be reasonably requested by the Oversight Agent.
Within ten days after the last day of each calendar quarter during the term of this
Regulatory Agreement commencing with the quarter ending December 31, 2012, the
Borrower shall advise the Oversight Agent or in the absence of an Oversight Agent, the
Authority, of the status of the occupancy of the Project by delivering to the Oversight Agent
a Certificate of Continuing Program Compliance; provided, however, with the prior written
approval of the Oversight Agent or the Authority, as the case may be, such Certificate need
be filed only semi - annually. Copies of the most recent Income Certifications for Qualified
Residents commencing or continuing occupancy of a Qualified Space shall be made
available to the Authority or Oversight Agent upon request.
(f) Annually, the Borrower shall recertify the income of the occupants of such
Qualified Spaces by obtaining a completed Income Certification based upon the current
income of each occupant of the Space. In the event the recertification demonstrates that such
household's income exceeds 140% of the income at which such household would qualify as
a Qualified Resident of the applicable category, such household will no longer qualify as a
Qualified Resident of the applicable category, and the Borrower either (i) will designate
another Qualified Resident and Space in the Project as a Qualified Resident of the applicable
category, and a Qualified Space of the applicable category, respectively, or (ii) will rent the
next available vacant Space to one or more Qualified Residents of the applicable category.
(g) The Borrower will maintain complete and accurate records pertaining to the
Qualified Spaces, and will permit any duly authorized representative of the Authority, the
Oversight Agent, the Trustee (who shall have no duty to inspect), the Department of the
Treasury or the Internal Revenue Service to inspect during normal business hours and with
prior notice the books and records of the Borrower pertaining to the Project, including those
records pertaining to the occupancy of the Qualified Spaces.
DMWEST #9228998 v2 11
(h) The Borrower shall submit to the Secretary of the Treasury annually on the
anniversary date of the start of the Qualified Project Period or such other date as is required
by the Secretary, a certification that the Project continues to meet the requirements of Section
142(d)(7) of the Code (currently IRS form 8703), and shall provide a copy of such
certification to the Oversight Agent.
(i) Each lease or rental agreement pertaining to a Qualified Space occupied after
the Closing Date shall contain a provision to the effect that the Borrower has relied on the
Income Certification and supporting information supplied by the Qualified Resident in
determining qualification for occupancy of the Qualified Space, and that any material
misstatement in such certification (whether or not intentional) may be cause for immediate
termination of such lease. Each lease or rental agreement will also contain a provision that
failure to cooperate with the annual recertification process reasonably instituted by the
Borrower pursuant to Section 5 above will disqualify the Space as a Qualified Space and
provide grounds for termination of the lease. The Borrower agrees to provide to the
Oversight Agent, and the Authority, a copy of the form of application and lease to be
provided to prospective Qualified Residents and any amendments thereto.
(j) In the event, despite Borrower's exercise of best efforts to comply with the
provisions of Section 5 of this Regulatory Agreement, the Borrower shall have been out of
compliance with any of the restrictions of Section 5 hereof relative to Qualified Residents,
for a period in excess of six months, then at the sole option of the Authority the term of the
Regulatory Agreement shall be automatically extended for the period of non - compliance
upon written notice to the Borrower, the Trustee and the Oversight Agent from the
Authority, such extension to relate to the Qualified Spaces and Qualified Residents as to
which such noncompliance relate.
Section 6. Reserved.
Section 7. Tax Status of the Bonds. The Borrower and the Authority each hereby
represents, as of the date hereof, and warrants, covenants and agrees that:
(a) It will not knowingly take or permit, or omit to take or cause to be taken, as is
appropriate, any action that would adversely affect the exclusion from gross income for
federal income tax purposes of the interest on the Tax - exempt Bonds or the exemption from
California personal income tax of the interest on the Bonds and, if it should take or permit, or
omit to take or cause to be taken, any such action, it will take all lawful actions necessary to
rescind or correct such actions or omissions promptly upon obtaining knowledge thereof;
(b) It will take such action or actions as may be necessary, in the written opinion
of Bond Counsel filed with the Authority, the Trustee and the Borrower, to comply fully
with the Act and all applicable rules, rulings, policies, procedures, Regulations or other
official statements promulgated, proposed or made by the Department of the Treasury or the
Internal Revenue Service pertaining to obligations issued under Section 145 of the Code to
the extent necessary to maintain the exclusion from gross income for federal income tax
purposes of interest on the Tax - exempt Bonds; and
DMW EST #9228998 v2 12
(c) It will file of record such documents and take such other steps as are
necessary, in the written opinion of Bond Counsel filed with the Authority, the Trustee and
the Borrower, in order to ensure that the requirements and restrictions of this Regulatory
Agreement will be binding upon all owners of the Project, including, but not limited to, the
execution and recordation of this Regulatory Agreement in the real property records of the
County.
The Borrower hereby covenants to include the requirements and restrictions contained in this
Regulatory Agreement in any document transferring any interest in the Project (other than leases of
Spaces in the Project to individual tenants) to another person to the end that such transferee has
notice of, and is bound by, such restrictions, and to obtain the agreement from any transferee to
abide by all requirements and restrictions of this Regulatory Agreement.
Section 8. Modification of Special Tax Covenants. The Borrower, the Trustee and the
Authority hereby agree as follows:
(a) To the extent any amendments to the Act, the Regulations or the Code shall,
in the written opinion of Bond Counsel filed with the Authority, the Trustee and the
Borrower, impose requirements upon the ownership or operation of the Project more
restrictive than those imposed by this Regulatory Agreement which must be complied with
in order to maintain the exclusion from gross income for federal income tax purposes of
interest on the Tax - exempt Bonds, this Regulatory Agreement shall be deemed to be
automatically amended to impose such additional or more restrictive requirements.
(b) To the extent any amendments to the Act, the Regulations or the Code shall,
in the written opinion of Bond Counsel filed with the Authority, the Trustee and the
Borrower, impose requirements upon the ownership or operation of the Project less
restrictive than imposed by this Regulatory Agreement, this Regulatory Agreement may be
amended or modified to provide such less restrictive requirements but only by written
amendment approved and signed by the Authority (in its sole and absolute discretion), the
Trustee and the Borrower and approved by the written opinion of Bond Counsel that such
amendment (a) will not affect the exclusion from gross income for federal income tax
purposes of interest on the Tax - exempt Bonds, and (b) shall not conflict with any restrictions
imposed by the Authority, the Act, the regulations promulgated under the Code or the Code,
as applicable.
(c) The Borrower, the Authority and, if applicable, the Trustee shall execute,
deliver and, if applicable, file of record any and all documents and instruments, necessary to
effectuate the intent of this Section 8, and each of the Borrower and the Authority hereby
appoints the Trustee as its true and lawful attorney -in -fact to execute, deliver and, if
applicable, file of record on behalf of the Borrower or the Authority, as is applicable, any
such document or instrument (in such form as may be approved in writing by Bond Counsel)
if either the Borrower or the Authority defaults in the performance of its obligations under
this subsection (c); provided, however, that the Trustee shall take no action under this
subsection (c) without first notifying the Borrower or the Authority, or both of them, as is
applicable, unless directed in writing by the Authority or the Borrower and without first
DMWEST #9228998 v2 13
providing the Borrower or the Authority, or both, as is applicable, an opportunity to comply
with the requirements of this Section 8.
Section 9. Indemnification. The Borrower shall indemnify, hold harmless and defend the
Authority, the Oversight Agent and the Trustee and the respective officers, members, directors,
officials and employees of each of them (the "Indemnified Party ") against all loss, costs, damages,
expenses, suits, judgments, actions and liabilities of whatever nature, joint and several (including,
without limitation, attorneys' fees, litigation and court costs, amounts paid in settlement, and
amounts paid to discharge judgments), directly or indirectly resulting from or arising out of or
related to (a) the operation, use, occupancy, maintenance, or ownership of the Project (including
compliance with laws, ordinances and rules and regulations ofpublic authorities relating thereto); (b)
any written statements or representations with respect to the Borrower, the Project or the Bonds
made or given to the Authority, the Oversight Agent or the Trustee, or any underwriters or
purchasers of any of the Bonds, by the Borrower, or any of its agents or employees, including, but
not limited to, statements or representations of facts or financial information; or (c) any actions taken
by the Court in joining the Authority as an associate member or holding a public hearing with
respect to the financing of the Project by the Authority through the issuance of the Bonds; provided,
however, the Borrower shall not be obligated to indemnify the Authority, the Trustee, the Oversight
Agent or the Oversight Agent for damages caused by the gross negligence or willful misconduct of
the Authority, the Trustee or the Oversight Agent. The Borrower also shall pay and discharge and
shall indemnify and hold harmless the Authority, the Oversight Agent and the Trustee from (x) any
lien or charge upon payments by the Borrower to the Authority and the Trustee hereunder and (y)
any taxes (including, without limitation, all ad valorem taxes and sales taxes), assessments,
impositions and other charges in respect of any portion of the Project. If any such claim is asserted,
or any such lien or charge upon payments, or any such taxes, assessments, impositions or other
charges, are sought to be imposed, the Authority, the Oversight Agent or the Trustee shall give
prompt notice to the Borrower, and the Borrower shall assume the investigation defense thereof,
including the employment of counsel selected by the Indemnified Party and reasonably acceptable to
the Borrower and the payment of all reasonable expenses related thereto, with full power to litigate,
compromise or settle the same, provided that the Authority, the Oversight Agent and the Trustee, as
the case may be, shall have the right to review and approve or disapprove any such compromise or
settlement, such approval shall not be unreasonably withheld. The Authority shall have the right to
employ separate counsel in any such action or proceeding and participate in the investigation and
defeasance thereof, and the Borrower shall pay the costs incurred by the Authority in connection
with any such action or proceeding, including the reasonable fees and expenses of such separate
counsel, as such costs are incurred by the Authority. The determination by the Authority to retain
such separate legal counsel shall be at the sole discretion of the Authority.
The rights of any persons to indemnify hereunder and rights to payment of fees and
reimbursement of expenses pursuant to this Regulatory Agreement shall survive the final payment
and defeasance of the Bonds and in the case of the Trustee and the Oversight Agent any resignation
or removal. The provisions of this Section shall survive the termination of this Regulatory
Agreement.
Section 10. Consideration. The Authority has issued the Bonds to provide funds to make
the Loan under the Loan Agreement to finance the Project, all for the purpose, among others, of
inducing the Borrower to own and operate the Project such that the Project shall contribute to the
DMWEST #9228998 v2 14
Authority's efforts to provide affordable housing to Low Income Residents and Very Low Income
Residents in the City and to the satisfaction of the City's ongoing housing burden. In consideration
of the issuance of the Bonds by the Authority, the Borrower has entered into this Regulatory
Agreement and has agreed to restrict the uses to which the Project can be put on the terms and
conditions set forth herein.
Section 11. Reliance. The Authority and the Borrower hereby recognize and agree that
the representations, warranties, covenants and agreements set forth herein may be relied upon by all
persons interested in the legality and validity of the Bonds, and in the exclusion from gross income
for federal income tax purposes of the interest on the Bonds and the exemption from California
personal income tax of the interest on the Bonds. In performing their duties and obligations
hereunder, the Authority and the Trustee may rely upon statements and certificates of the Borrower
and Qualified Residents, and upon audits of the books and records of the Borrower pertaining to the
Project. In addition, the Authority and the Trustee may consult with counsel, and the opinion of
such counsel shall be full and complete. authorization and protection in respect of any action taken or
suffered by the Authority or the Trustee hereunder in good faith and in conformity with such
opinion. In determining whether any default or lack of compliance by the Borrower exists under this
Regulatory Agreement, the Trustee shall not be required to conduct any investigation into or review
of the operations or records of the Borrower and may rely solely upon any notice or certificate
delivered to the Trustee by the Borrower, the Authority or the Oversight Agent with respect to the
occurrence or absence of a default.
Section 12. Sale or Transfer of the Project. The Borrower intends to hold the Project for
its own account, has no current plans to sell, transfer or otherwise dispose of the Project, and hereby
covenants and agrees not to sell, transfer or otherwise dispose of the Project, or any portion thereof
(other than for individual tenant use as contemplated hereunder), without obtaining the prior written
consent of the Authority and upon receipt by the Authority and the Trustee of (i) evidence
satisfactory to the Authority that the Borrower's purchaser or transferee has assumed in writing and
in full, the Borrower's duties and obligations under this Regulatory Agreement and under the
Administration Agreement, (ii) an opinion of counsel for the transferee that the transferee has duly
assumed the obligations of the Borrower under this Regulatory Agreement and the Administration
Agreement and that such obligations and this Regulatory Agreement and the Administration
Agreement are binding on the transferee, (iii) the Authority receives evidence acceptable to the
Authority that either (A) the transferee has experience in the ownership, operation and management
of comparable projects without any record of material violations of discrimination restrictions or
other state or federal laws or regulations applicable to such projects, or (B) the transferee agrees to
retain a property management firm with the experience and record described in subparagraph (A)
above, and in either case, at its option, the Authority may cause the Oversight Agent to provide
on -site training in program compliance if the Authority determines such training is necessary, (iv) an
opinion of Bond Counsel to the effect that such sale will not in and of itself cause interest on the
Tax - exempt Bonds to become includable in the gross income of the recipients thereof for federal
income tax purposes, and (v) evidence that the Borrower has complied with any applicable
provisions of Section 6.2 of the Loan Agreement. It is hereby expressly stipulated and agreed that
any sale, transfer or other disposition of the Project in violation of this Section 12 shall be null, void
and without effect, shall cause a reversion of title to the Borrower, and shall be ineffective to relieve
the Borrower of its obligations under this Regulatory Agreement. Not less than ninety (90) days
prior to consummating any sale, transfer or disposition of any interest in the Project, the Borrower
DMWEST #9228998 v2 15
shall deliver to the Authority, the Oversight Agent and the Trustee a notice in writing explaining the
nature of the proposed transfer. Notwithstanding the foregoing, the Borrower may transfer
ownership of the Project to an affiliated entity of the Borrower with prior written notice to the
Authority accompanied by (1) an opinion of counsel to the affiliate that it has assumed the
obligations of the Borrower under this Regulatory Agreement and the Administration Agreement
and (ii) an opinion of Bond Counsel to the effect that such transfer will not in and of itself cause
interest on the Tax - exempt Bonds to become included in the gross income of the recipients thereof
for federal income tax purposes.
Section 13. Term. This Regulatory Agreement and all and several of the terms hereof
shall become effective upon its execution and delivery and shall remain in full force and effect
during the Qualified Project Period, it being expressly agreed and understood that the provisions
hereof are intended to survive the retirement of the Bonds and expiration of the Indenture, the Loan
Agreement and the Note. Notwithstanding any other provisions of this Regulatory Agreement to the
contrary, this entire Regulatory Agreement, or any of the provisions or sections hereof, may be
terminated upon agreement by the Authority, the Trustee and the Borrower, subject to compliance
with any of the provisions contained in this Regulatory Agreement only if there shall have been
received an opinion of Bond Counsel that such termination will not adversely affect the exclusion
from gross income for federal income tax purposes of interest on the Tax - exempt Bonds, or the
exemption from State personal income tax of the interest on the Bonds.
The terms of this Regulatory Agreement to the contrary notwithstanding, this Regulatory
Agreement, and all and several of the terms hereof, shall terminate and be of no further force and
effect in the event of (a) a foreclosure or delivery of a deed in lieu of foreclosure whereby a third
party shall take possession of the Project, (b) involuntary non - compliance with the provisions of this
Regulatory Agreement caused by fire, seizure, requisition, change in a federal law or an action of a
federal agency after the date hereof which prevents the Authority and the Trustee from enforcing the
provisions hereof, or (c) condemnation or a similar event, and, in each case, the payment in full and
retirement of the Bonds theretofore or within a reasonable period thereafter. Upon the termination of
the terms of this Regulatory Agreement, the parties hereto agree to execute, deliver and record
appropriate instruments of release and discharge of the terms hereof; provided, however, that the
execution and delivery of such instruments shall not be necessary or a prerequisite to the termination
of this Regulatory Agreement in accordance with its terms.
When all of the Bonds have been paid or deemed paid pursuant to Article XIII of the
Indenture, the Trustee shall no longer have any duties or obligations hereunder, and all references to
the Trustee shall thereafter be deemed references to the Authority.
Section 14. Covenants to Run With the Land. The Borrower hereby subjects the Project
(including the Project site) to the covenants, reservations and restrictions set forth in this Regulatory
Agreement. The Authority and the Borrower hereby declare their express intent that the covenants,
reservations and restrictions set forth herein shall be deemed covenants running with the land and
shall pass to and be binding upon the Borrower's successors in title to the Project; provided,
however, that upon the termination of this Regulatory Agreement said covenants, reservations and
restrictions shall expire. Each and every contract, deed or other instrument hereafter executed
covering or conveying the Project or any portion thereof shall conclusively be held to have been
executed, delivered and accepted subject to such covenants, reservations and restrictions, regardless
DMWEST #9228998 v2 16
of whether such covenants, reservations and restrictions are set forth in such contract, deed or other
instrument.
Section 15. Burden and Benefit. The Authority and the Borrower hereby declare their
understanding and intent that the burden of the covenants set forth herein touch and concern the land
in that the Borrower's legal interest in the Project is rendered less valuable thereby. The Authority
and the Borrower hereby further declare their understanding and intent that the benefit of such
covenants touch and concern the land by enhancing and increasing the enjoyment and use of the
Project by Very Low Income Residents and Low Income Residents, the intended beneficiaries of
such covenants, reservations and restrictions, and by furthering the public purposes for which the
Bonds were issued.
Section 16. Uniformity; Common Plan. The covenants, reservations and restrictions
hereof shall apply uniformly to the entire Project in order to establish and carry out a common plan
for the use of the Project.
Section 17. Enforcement. If the Borrower defaults in the performance or observance of
any covenant, agreement or obligation of the Borrower set forth in this Regulatory Agreement, and if
such default remains uncured for a period of 60 days after notice thereof shall have been given by
the Authority or the Trustee to the Borrower (provided, however, that the Authority may at its sole
option extend such period if the Borrower provides the Authority with an opinion of Bond Counsel
to the effect that such extension will not adversely affect the exclusion from gross income for federal
income tax purposes of interest on the Tax - exempt Bonds, and provided further, in the event any
default relates to Section 5 hereof and the Borrower is exercising best efforts to comply with such
restrictions as determined by the Authority in its sole discretion, then the cure period described
above shall be 6 months and the Qualified Project Period shall be extended for a like period under
Section 50) hereof), then the Trustee, subject to the provisions of Section 9 hereof and to the extent
directed in writing by the Authority, subject to the provisions of the Indenture, acting on its own
behalf or on behalf of the Authority, shall declare an "Event of Default" to have occurred hereunder,
and, at its option, may take any one or more of the following steps:
(a) by mandamus or other suit, action or proceeding at law or in equity, require
the Borrower to perform its obligations and covenants hereunder or enjoin any acts or things
which may be unlawful or in violation of the rights of the Authority or the Trustee
hereunder;
(b) have access to and inspect, examine and make copies of all of the books and
records of the Borrower pertaining to the Project; and
(c) take such other action at law or in equity as may appear necessary or desirable
to enforce the obligations, covenants and agreements of the Borrower hereunder.
In addition to the enforcement remedies set forth above, upon the Borrower's default under
this Regulatory Agreement, the Authority shall have the right (but not the obligation) to lease up to
20% of the Spaces in the Project for a rental of $1 per Space per year. The Authority shall sublease
such units to Qualified Residents to the extent necessary to comply with the provisions hereof. Any
rent paid under such a sublease shall be paid to the Borrower after the Authority has been reimbursed
DMWEST #9228998 v2 17
for any expenses incurred by it in connection with the sublease; provided that, if the Borrower is in
default under the Loan, such rent shall be used to make payments under the Loan.
The Trustee shall have the right, in accordance with this Section 17 and the provisions ofthe
Indenture, without the consent or approval of the Authority, to exercise any or all of the rights or
remedies of the Authority hereunder; provided that prior to taking any such act the Trustee shall give
the Authority written notice of its intended action. All fees, costs and expenses of the Trustee, the
Authority and the Oversight Agent (including, without limitation, reasonable attorneys' fees)
reasonably incurred in taking any action pursuant to this Section 17 shall be the sole responsibility of
the Borrower; provided the Trustee shall not be obligated to take any action hereunder that results in
expenses or liability to the Trustee unless it is compensated and reimbursed for its expenses,
including reasonable attorneys' fees, and indemnified to its satisfaction against liability.
After the Indenture has been discharged, or if the Trustee fails to act under this Section 17,
the Authority may act in its own behalf to declare an "Event of Default" to have occurred and to take
any one or more of the steps specified hereinabove to the same extent and with the same effect as if
taken by the Trustee.
Section 18. Recording and Filing. The Borrower shall cause this Regulatory Agreement
and all amendments and supplements hereto, to be recorded and filed, prior to the recording of the
Deed of Trust and the disbursement of the Loan, in the real property records of the County and in
such other places as the Authority or the Trustee may reasonably request (including, but not limited
to, in the grantor- grantee index to the name of the Borrower as grantor and to the Authority as
grantee). The Borrower shall pay all fees and charges incurred in connection with any such
recording.
Section 19. Payment of Fees. The Borrower will pay to the Authority the Authority
Annual Fee, including the portion thereof billed currently by the Authority to the Borrower for the
Authority's audit fees and expenses, which shall be paid by the Borrower promptly upon receipt of
such invoice and to the Oversight Agent, the Oversight Agent's Fee, each when due.
Notwithstanding any prepayment of the Loan and notwithstanding a discharge of the Indenture,
throughout the term of this Regulatory Agreement, the Borrower shall continue to pay to the
Authority the Authority Annual Fee, and to the Oversight Agent, the Oversight Agent's Fee, and, in
the event of a default hereunder, to the Authority and the Trustee reasonable compensation for any
services rendered by either of them hereunder and reimbursement for all expenses reasonably
incurred by either of them in connection with such default.
Section 20. Governing Law. This Regulatory Agreement shall be governed by the laws of
the State of California. Except as expressly provided herein and in the Agreement, the Trustee's
rights, duties and obligations hereunder are governed in their entirety by the terms and provisions of
the Indenture.
Section 21. Amendments. Except as provided in Section 8(a) hereof, this Regulatory
Agreement shall be amended only by a written instrument executed by the parties hereto or their
successors in title, and duly recorded in the real property records of the County. The parties hereto
acknowledge that, as long as the Bonds are outstanding, the owners of the Bonds are third party
beneficiaries to this Regulatory Agreement.
DMWEST #9228998 v2 18
Section 22. Notice. All notices, certificates or other communications shall be in writing
and will be sufficiently given and (except for notices to the Trustee, which shall be deemed given
only when actually received by the Trustee) shall be deemed given on the date personally delivered
or on the second day following the date on which the same have been mailed by certified mail, return
receipt requested, postage prepaid, addressed as follows:
Authority: Independent Cities Finance Authority
P.O. Box 1750
Palmdale, California 93590 -1750
Attention: Program Administrator
Oversight Agent: Wolf & Company Inc.
1100 S. Flower Street, Suite 3300
Los Angeles, California 90015
Attention: Wesley R. Wolf
Trustee: Union Bank, N.A.
120 S. San Pedro Street, 4th Floor
Los Angeles, California 90012
Attention: Corporate Trust
Fax: (213) 972 -5694
Email: Jennifer.Earlegunionbank com
Borrower: Millennium Housing, LLC
20 Pacifica, Suite 1470
Irvine, California 92618
Attention: George Turk
Any of the foregoing parties may, by notice given hereunder, designate any further or
different addresses to which subsequent notices, certificates, documents or other communications
shall be sent.
Section 23. Severability. If any provision of this Regulatory Agreement shall be invalid,
illegal or unenforceable, the validity, legality and enforceability of the remaining portions hereof
shall not in any way be affected or impaired thereby.
Section 24. Multiple Counterparts. This Regulatory Agreement may be executed in
multiple counterparts, all of which shall constitute one and the same instrument, and each of which
shall be deemed to be an original.
Section 25. Trustee Acting Solely in Such Capacity. In accepting its obligations
hereunder, the Trustee acts solely as trustee for the benefit of the Registered Owners, and not in its
individual capacity; and the duties, powers, rights and liabilities of the Trustee in acting hereunder
shall be subject to the provisions of the Indenture, including, without limitation, Article VIII of the
Indenture.
DMWEST #9228998 v2 19
. The Trustee shall act as specifically provided herein and no implied duties or obligations
shall be read into this Regulatory Agreement against the Trustee. The Trustee is entering into this
Regulatory Agreement solely in its capacity as Trustee under the Indenture and not in its individual,
corporate or personal capacity and except as specifically provided herein, nothing herein shall be
construed as imposing any duties or obligations upon the Trustee beyond those contained in the
Indenture.
After the date on which no Bonds remain outstanding as provided in the Indenture, the
Trustee shall have no duties or responsibilities under this Regulatory Agreement, and all references
herein to the Trustee shall be deemed references to the Authority.
Section 26. Compliance by Borrower. The Trustee shall not be responsible for monitoring
or verifying compliance by the Borrower with its obligations under this Regulatory Agreement. The
Program Administrator shall assume such responsibilities under the terms of the Administration
Agreement among the Program Administrator, the Authority and the Borrower.
Section 27. Limited Liability of the Authority. The Authority's liability under this
Regulatory Agreement shall be limited as set forth in Section 14.3 of the Indenture.
DMW EST #9228998 v2 20
IN WITNESS WHEREOF, the Authority, the Trustee and the Borrower have executed this
Regulatory Agreement by duly authorized representatives, all as of the date first written hereinabove.
INDEPENDENT CITIES FINANCE
AUTHORITY
By:
Deborah J. Smith, Program Administrator
UNION BANK, N.A., as Trustee
I=
Authorized Officer
MILLENNIUM HOUSING, LLC,
a California limited liability company
By: Millennium Housing Corporation,
a California nonprofit public benefit
corporation, its sole member
DMWEST #9228998 v2 S-1
George R. Turk, Jr., President
STATE OF CALIFORNIA
COUNTY OF
On before me, , a Notary
Public, personally appeared , who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized
capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
DMWEST #9228998 v2 N
(Seal)
STATE OF CALIFORNIA
COUNTY OF
On
before me,
a Notary
Public, personally appeared , who proved to me on'
the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized
capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
DMWEST #9228998 v2 jv
(Seal)
STATE OF CALIFORNIA
COUNTY OF
Forl
before me,
a Notary
Public, personally appeared , who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized
capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
DMW EST #9228998 v2 I�j
(Seal)
EXHIBIT A
LEGAL DESCRIPTION
The real property is situated in the City of Rohnert Park, County of Sonoma, State of
California, and is described as follows:
DMWEST #9228998 v2 A_ I
EXHIBIT B
FORM OF INCOME CERTIFICATION
We understand that completing this profile will assist the non- profit in determining property tax abatement and
preserving the park's tax - exempt status based on household income.
There is /are person(s) in our household. There are bedrooms in our mobilehome.
My /our home is a (check one): single -wide double -wide triple -wide
The total combined income of our household from all sources (both taxable & non - taxable)* annually is
(please check one of the spaces below):
Less than $13,800
Less than $15,750
Less than $17,700
Less than $19,650
Less than $21,250
Less than $22,800
Less than $22,950
Less than $26,200
Less than $29,500
Less than $32,750
Less than $35,400
Less than $36,700
Less than $38,000
Less than $41,950
Less than $47,200
Less than $52,400
Less than $52,500
Less than $56,600
Less than $60,000
Less than $60,800
Less than $67,500
Less than $75,000
Less than $81,000
$81,001 or more
*INCOME INCLUDES:
Gross Wages /Salary including- (Overtime, Commissions and Fees, Tips and Bonuses), Interest and Dividends or other
income from investments (401k, IRA, etc.), Social Security, Alimony and Child Support, Gifts and Contributions,
Military Pay and Income Tax Credits, Unemployment Benefits, Disability Payments, Workers Compensation, Pensions.
INCOME DOES NOT INCLUDE:
Medical Reimbursements, Scholarships, Combat Pay, Government Relocation Payments, Foster Care Payments, Food
Stamps, Job Training Act Payments, Low - Income Home Energy Assistance Payments.
4. (a) Does your household have savings, stocks, bonds or equity in real property with a combined total
value exceeding $5,000 (DO NOT INCLUDE YOUR HOME). Yes No
(b) If Yes, the amount of income received from such assets must be included in your answer to
question #3 above.
5. My /Our current mortgage payment (if any) is $
6. My /Our annual property tax payments are approximately $
7. My /Our monthly utility bill total (water, natural/propane gas,
electricity) is approximately $
8. (a) Are ALL of the persons in the household full -time students? Yes No
(b) If the answer to 8(a) is Yes, are at least two (2) of the occupants husband and wife entitled to file a
joint federal income tax return? Yes No
9. How many members of the household are age 55 or over?
10. Do you OWN AND OCCUPY this home as your full -time primary residence? Yes No
Uwe certify that the information provided above is true and correct under penalty of perjury. SPACE #
Head of Household Signature Date Second Head of Household Signature Date
Printed Name
Printed Name
Please return Income Certification to: Millennium Housing, LLC, 20 Pacifica, Suite 1470, Irvine, CA 92618
DMW EST #9228998 v2 B- I
Manager
INCOME VERIFICATION
(for employed persons)
The undersigned employee has applied for a mobile home space located in a project financed by the
Independent Cities Finance Authority Housing with proceeds of its Mobile Home Park Revenue
Refunding Bonds, a portion of which Project is reserved for persons of Low Income. Every income
statement of a prospective tenant must be stringently verified. Please indicate below the employee's
current annual income from wages, overtime, bonuses, commissions or any other form of
compensation received on a regular basis.
Annual wages $
Overtime $
Bonuses $
Commissions $
Other Income $
Total current income $
I hereby certify that the statements above are true and complete to the best of my knowledge.
Signature Date Title
I hereby grant you permission to disclose my income to in order that
they may determine my income eligibility for rental of a mobile home space located in their project
which has been financed under the Independent Cities Finance Authority Mobile Home Park
Revenue Refunding Bonds.
Signature
Date
Please send to: Millennium Housing, LLC, 20 Pacifica, Suite 1470, Irvine, CA 92618
DMWEST #9228998 v2 B -2
INCOME VERIFICATION
(for self - employed persons)
I hereby attach copies of my individual federal and state income tax returns for the
immediately preceding calendar year and certify that the information shown in such income tax
returns is true and complete to the best of my knowledge.
Signature
DMWEST #9228998 v2 B_3
Date
ATTACHMENT NO. 1
Total Anticipated Income includes the following:
1. all wages and salaries, overtime pay, commissions, fees, tips and bonuses and other
compensation for personal services, before payroll deductions;
2. the net income from the operation of a business or profession or from the rental of real or
personal property (without deducting expenditures for business expansion or amortization of
capital indebtedness or any allowances for depreciation of capital assets except for straight
line depreciation as provided in Internal Revenue Service regulations); any withdrawal of
cash or assets from the operation of a business or profession will be included in income
except to the extent the withdrawal is reimbursed of cash or assets invested in the operation
by the family;
3. interest and dividends (including income from assets and other net income from real or
personal property);
4. the full amount of periodic payments received from social security, annuities, insurance
policies, retirement funds, pensions, disability or death benefits and other similar types of
periodic receipts, including any lump sum payment or prospective monthly amounts for the
delayed start of a periodic payment;
5. payments in lieu of earnings, such as unemployment and disability compensation,
workmen's compensation and severance pay;
6. the maximum amount of public assistance available to the above persons other than the
amount of any assistance specifically designated for shelter and utilities plus the maximum
amount that the public assistance agency could in fact allow for shelter and utilities;
7. periodic and determinable allowances, such as alimony and child support payments and
regular contributions and gifts received from organizations or persons not occupying the
Space;
8. all regular pay, special pay and allowances of a member of the Armed Forces (whether or not
living in the dwelling) who is the head of the household or spouse (or other persons whose
dependents are occupying the Space); and
9. any financial assistance, in excess of amounts received for tuition, received under the Higher
Education Act of 1965, from private sources, or from an institution of higher education,
except if such amounts are received by persons over the age of 23 with dependent children.
Excluded from such anticipated income are:
1. temporary, nonrecurring or sporadic gifts;
2. amounts which are specifically for or in reimbursement of medical expenses for any family
member;
DMWEST #9228998 v2 B_4
3. lump sum additions to family assets, such as inheritances, insurance payments (including
payments under health and accident insurance and workmen's compensation), capital gains
and settlement for personal or property losses, except as provide in paragraph 5 above;
4. subject to paragraph 9 above, the full amount of student financial assistance paid directly to
the student or to the educational institution;
5. special pay to a household member in the Anned Forces who is away from home and
exposed to hostile fire;
6. amounts received under training programs funded by HUD;
7. payments received for the care of foster children or foster adults;
amounts received by a disabled person that are disregarded for a limited time for purposes of
Supplemental Security Income eligibility and benefits because they are set aside for use
under a Plan to Attain Self- Sufficiency;
9. income of a live -in aide, as defined in 24 CFR 5.608;
10. amounts received by a participant in other publicly assisted programs which are specifically
for or in reimbursement of out -of- pocket expenses incurred and which are made solely to
allow participation in a specific program;
11. reparation payments paid by a foreign government pursuant to claims filed under the laws of
that government by persons who were persecuted during the Nazi era;
12. amounts specifically excluded by any other federal statute from consideration as income for
purposes of determining eligibility or benefits under a category of assistance programs that
includes assistance under any program to which the exclusions set forth in 24 CFR 5.609(c)
apply;
13. income from the employment of children (including foster children) under the age of 18
years;
14. adoption assistance payments in excess of $480 per adopted child;
15. earnings in excess of $480 for each full -time student 18 years old or older (excluding the
head of the household or spouse);
16. deferred periodic amounts from supplemental security income and social security benefits
that are received in a lump sum amount or in prospective monthly amounts;
17. amounts paid by a State agency to a family with a member who has a developmental
disability and is living at home to offset the cost of services and equipment needed to keep
the developmentally disable family member at home; and
DMWEST ##9228998 v2 B -5
18. incremental earnings and benefits resulting to any family member from participation in
qualifying State or local employment training programs.
Full -Time Student means an individual who during each of five (5) calendar months during the
calendar year in which occupancy of the Space begins (i) is enrolled as a full -time student at an
educational organization which normally maintains a regular faculty and curriculum and normally
has a regularly enrolled body of students in attendance or (ii) is an individual pursuing a full -time
course of institutional on farm training under the supervision of an accredited agent of such an
educational organization or of a state or political subdivision thereof.
DMWEST #9228998 v2 B -6
EXHIBIT C
Period Covered_
[Quarterly]
CERTIFICATION OF CONTINUING PROGRAM COMPLIANCE
The undersigned, Millennium Housing, LLC (the "Borrower "), has read and is thoroughly
familiar with the provisions of-
The Regulatory Agreement and Declaration of Restrictive Covenants dated as of
, 2012 (the "Regulatory Agreement ") among the Borrower, the Independent
Cities Finance Authority (the "Authority ") and Union Bank, N.A. (the "Trustee ");
2. The Indenture of Trust dated as of 2012 (the "Indenture ") between the
Authority and the Trustee;
3. The Loan Agreement dated as of , 2012 among the Borrower, the Trustee and
the Authority; and
As of the date of this Certificate, the following percentages of total Spaces in the Project (i) are
occupied by Very Low Income Residents or (ii) occupied by Low Income Residents or (iii) are
currently vacant and being held available for such occupancy and have been so held continuously
since the date a Very Low Income Resident or a Low Income Resident vacated such Space; as
indicated:
Total Project Spaces:
Number of Spaces Occupied by
Very Low Income Residents: Percent:
Held vacant for occupancy continuously since last occupied by Very Low Income
Resident: Percent: Unit Nos:
Number of Spaces occupied by Low Income Residents (not including any Spaces occupied by Very
Low Income Residents): Percent:
Held vacant for occupancy continuously since last occupied by Low Income
Resident: Percent: Unit Nos:
DMW EST #9228998 v2 C-1
4. The undersigned hereby certifies that the Borrower is not in default under any of the terms
and provisions of the above documents, and no event has occurred which, with the passage
of time, would constitute a default thereunder [or if such event has occurred explain below
the event and the steps being taken to remedy such event].
MILLENNIUM HOUSING, LLC,
a California limited liability company
By: Millennium Housing Corporation,
a California nonprofit public benefit
corporation, its sole member
DMW EST #9228998 Q C -2
Title:
Attachment 7
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Fredrick H. Olsen, Esq. )
Ballard Spahr LLP )
201 S. Main St., Suite 800 )
Salt Lake City, UT 84111 -2221 )
This document is recorded for the benefit of the Independent Cities Finance Authority, and the
recording is fee exempt under Section 27383 of the Government Code.
REGULATORY AGREEMENT
AND DECLARATION OF RESTRICTIVE COVENANTS
(RANCHO FELIZ)
by and among the
INDEPENDENT CITIES FINANCE AUTHORITY,
as Authority
UNION BANK, N.A.,
as Trustee
MILLENNIUM HOUSING, LLC,
as Borrower
Dated as of September 1, 2012
Relating to:
Independent Cities Finance Authority
Mobile Home Park Revenue Refunding Bonds
(Rancho Feliz and Las Casitas de Sonoma) Series 2012A
Independent Cities Finance Authority
Mobile Home Park Subordinate Revenue Refunding Bonds
(Rancho Feliz and Las Casitas de Sonoma) Series 2012B (Federally Taxable)
DMWEST #9228996 v2
TABLE OF CONTENTS
Page
Section 1.
Definitions and Interpretation ..................................:.............. 2
...............................
Section 2.
Representations and Warranties of the Borrower ................... ...............................
6
Section 3.
Residential Rental Propert y ....................................................
6
...............................
Section 4.
Additional Program Requirements ......................................... ...............................
8
Section5.
Qualified Residents .................................................................
9
...............................
Section6.
Reserved ................................ ...............................
Section 7.
Tax Status of the Bonds ........................................................
12
...............................
Section 8.
Modification of Special Tax Covenants ............................... ...............................
13
Section9.
Indemnification .....................................................................
14
...............................
Section10.
Consideration ........................................................................
14
...............................
Section11.
Reliance .................................................................................
15
...............................
Section 12.
Sale or Transfer of the Project ..............................................
15
...............................
Section13.
Term ............................ ...............................
Section 14.
Covenants to Run With the Land ..........................................
16
...............................
Section 15.
Burden and Benefit ...............................................................
17
...............................
Section 16.
Uniformity; Common Plan ...................................................
17
...............................
Section17.
Enforcement ..........................................................................
17
...............................
Section 18.
Recording and Filin .............................................................
18
...............................
Section 19.
Payment of Fees ............... ...............................
18
.....
Section 20.
Governing Law .....................................................................
18
...............................
Section21.
Amendments .........................................................................
18
...............................
Section22.
Notice
.................................................................................... ...............................
19
Section23. Severability ........................................................................... ............................... 19
DMWEST #9228996 v2 i
Section 24. Multiple Counterparts ........................................................... ............................... 19
Section 25. Trustee Acting Solely in Such Capacity ............................... ............................... 19
Section 26. Compliance by Borrower ...................................................... ............................... 20
Section 27. Limited Liability of the Authority ....................................•... ............................... 20
EXHIBIT A - Legal Description ................................................................. ............................... A -1
EXHIBIT B - Income Certification ................................................................. ............................B -1
EXHIBIT C - Certification of Continuing Program Compliance .................... ............................0 -1
DMWEST #9228996 v2 ii
REGULATORY AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS
(RANCHO FELIZ)
THIS REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE
COVENANTS (the "Regulatory Agreement "), made and entered into as of September 1, 2012, is by
and among the Independent Cities Finance Authority, a joint powers authority organized and
existing under the laws of the State of California (the "Authority "), Union Bank, N.A., a national
banking association, as trustee (the "Trustee ") under an Indenture of Trust dated as of the date hereof
between the Authority and the Trustee, and Millennium Housing, LLC, a California limited liability
company, as the owner of the property described in Exhibit A attached hereto (the "Borrower ").
RECITALS:
WHEREAS, the Legislature of the State of California enacted Chapter 8, Part 5 of Division
31 of the California Health and Safety Code (the "Act ") to authorize cities, including joint powers
authorities among cities, to issue bonds to finance the acquisition of mobile home parks to provide
housing for persons of very low income; and
WHEREAS, the Authority is a constituted authority within the meaning of that term in the
Regulations of the Department of Treasury and the rulings of the Internal Revenue Service
prescribed and promulgated pursuant to Section 103 of the Internal Revenue Code of 1986, as
amended (the "Code "); and
WHEREAS, the Rohnert Park Financing Authority (the "Prior Issuer ") previously issued its
Mobile Home Park Revenue Bonds (Rancho Feliz Mobilehome Park) Series 2003A and its Mobile
Home Park Subordinate Revenue Bonds (Rancho Feliz Mobilehome Park) Series 2003B (the "Prior
Bonds ") pursuant to an Indenture of Trust, dated as of September 1, 2003 (the "Prior Indenture "),
between the Prior Issuer and Union Bank, N.A. (formerly known as Union Bank of California,
N.A.), in such capacity (the "Prior Trustee "), and loaned the proceeds of the Prior Rancho Feliz
Bonds (the "Prior Loan ") to Millennium Housing Corporation, a California nonprofit public benefit
corporation (the "Prior Borrower "), in order to provide financing with respect to the acquisition and
improvement of the Rancho Feliz Mobile Home Park (the "Project ") located in the City of Rohnert
Park, California (the "City "); and
WHEREAS, the Authority has adopted a resolution (the "Resolution ") authorizing the
issuance of revenue bonds in connection with the refinancing of the Project to be owned by the
Borrower; and
WHEREAS, in furtherance of the purposes of the Act and the Resolution, the Authority
proposes to issue $ aggregate initial principal amount of its revenue bonds in two series
designated "Independent Cities Finance Authority Mobile Home Park Revenue Refunding Bonds
(Rancho Feliz and Las Casitas de Sonoma), Series 2012A" (the "Series A Bonds ") and "Independent
Cities Finance Authority Mobile Home Park Subordinate Revenue Refunding Bonds (Rancho Feliz
and Las Casitas de Sonoma), Series 201213" (the "Series B Bonds" and together with the Series A
Bonds, the `Bonds "), the proceeds of which will be loaned to the Borrower (the "Loan ") which, in
consideration of the Loan, will cause to be delivered to the Trustee its promissory note in the
DMWEST #9228996 v2 1
aggregate principal. amount of the Bonds (the "Note ") secured by the Deed of Trust with Absolute
Assignment of Leases and Rents, Security Agreement and Fixture Filing (the "Mortgage ") recorded
in the office of the County Recorder for the County of Sonoma; and
WHEREAS, the Authority, the Trustee and the Borrower have entered into a Loan
Agreement, dated the date hereof (the "Loan Agreement "), pursuant to which the Authority will
make the Loan to the Borrower to refinance the Project and the Other Project (as defined herein) and
pay and redeem the Prior Bonds and certain bonds previously issued to finance the Other Project;
and
WHEREAS, the Note will be held by the Trustee in trust for the benefit of the Owners from
time to time of the Bonds pursuant to the terms of the Indenture to pay when due the principal of and
interest on the Bonds; and
WHEREAS, all things necessary to make the Bonds, when issued as provided in the
Indenture, the valid and binding limited obligations of the Authority according to the import thereof,
and to constitute the Indenture a valid assignment of the amounts pledged to the payment of the
principal of, and premium, if any, and interest on the Bonds have been done and performed, and the
creation, execution, and delivery of the Indenture and the execution and issuance of the Bonds,
subject to the terms thereof, in all respects have been duly authorized; and
WHEREAS, the Code and the regulations and rulings promulgated with respect thereto and
the Act prescribe that the use and operation of the Project be restricted in certain respects and in
order to ensure that the Project will be used and operated in accordance with the Code (including
Section 501(c)(3) of the Code) and the Act, the Authority, the Trustee and the Borrower have
determined to enter into this Regulatory Agreement in order to set forth certain terms and conditions
relating to the operation of the Project.
NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth
herein, and other good and valuable consideration, the receipt and sufficiency of which hereby are
acknowledged, the Authority, the Trustee and the Borrower hereby agree as follows:
Section 1. Definitions and Interpretation. In addition to the terms defined in the
foregoing recitals, the following terms used in this Regulatory Agreement shall have the respective
meanings assigned to them in this Section 1 unless the context in which they are used clearly
requires otherwise:
"Adjusted Income" - The anticipated total annual income of the individuals or family who
intend to occupy a Space, determined in a manner consistent with determinations of Low Income
families by the Secretary of Housing and Urban Development under Section 8 of the United States
Housing Act of 1937, as amended (or, if such program is terminated, under such program as in effect
immediately before such termination). Subsection (g) and (h) of Code section 7872 shall not apply
in determining income hereunder.
"Administration Agreement" - The Administration and Oversight Agreement, dated as of
September 1, 2012, by and among the Authority, the Borrower and the Oversight Agent.
DMWEST #9228996 v2 2
"Area" — Santa Rosa - Petaluma, CA MSA or such other area as may be designated by HUD in
which the Project is located.
"Authority Annual Fee" - An amount equal to 1 /10 of one percent of the outstanding
principal amount of the Bonds payable to the Authority 1/12 of such amount monthly, on the 15"'
day of each month, from the General Account of the Administration Fund or as otherwise provided
in Section 5.7 of the Indenture, commencing September 15, 2013 plus an annual amount to pay the
costs of the Authority audit report with respect to the Bonds, which is expected to be approximately
$3,000 per year, such amount to be billed by the Authority to the Borrower and to be paid by the
Borrower promptly upon receipt of such invoice and ending with the end of the term of this
Regulatory Agreement.
"Certificate of Continuing Program Compliance" - The certificate with respect to the Project
to be filed by the Borrower with the Authority, the Oversight Agent and the Trustee which shall be
substantially in the form attached hereto as Exhibit C.
"City" — The City of Rohnert Park, California.
"City Law" —The provisions of Ordinance 494 of the Rohnert Park Municipal Code relating
to rent review.
"Code" - The Internal Revenue Code of 1986, as amended; each reference to the Code shall
be deemed to include (a) any successor internal revenue law and (b) the applicable regulations
whether final, temporary or proposed under the Code or such successor law. Any reference to a
particular provision of the Code shall be deemed to include (a) any successor provision of any
successor internal revenue law and (b) the applicable regulations, whether final, temporary or
proposed, under such provision or successor provision.
"County" - The County of Sonoma.
"Functionally Related and Subordinate" - Facilities for use exclusively by tenants, for
example, swimming pools, other recreational facilities, parking areas and other facilities which are
reasonably required for the Project, for example, heating and cooling equipment, trash disposal
equipment and units for resident managers or maintenance personnel; provided that the same are of a
character and size commensurate with the character and size of the Project and, as to size, does not
exceed that necessary to service the requirements of the residents of the Project.
"Income Certification" - The Income Certification attached hereto as Exhibit B.
"Low Income Residents" - Individuals or families whose Adjusted Income does not exceed
the qualifying limits for low income families (currently 80% or less of the Median Income for the
Area), adjusted for actual household size, as established and amended from time to time pursuant to
Section 8 for the United States Housing Act of 1937, and as published by the State of California
Department of Housing and Community Development. If all occupants of a Space are or will be full
time students during five calendar months of the calendar year at an educational institution (other
than a correspondence school) with regular faculty and students, such occupants shall not be
considered to be Low Income Residents unless all such students are either (i) married and eligible to
DMWEST #9228996 v2 3
file a joint federal income tax return or (ii) single parents and their children and such parents and
children are not dependents of another individual or (ii) receiving assistance under Title IV of the
Social Security Act (including AFDC /TANF ) or the Job Training Partnership Act or under similar
Federal, State, or local laws, or were previously under the care and placement responsibility of the
State agency responsible for administering a plan under Part B or part E of Title IV of the Social
Security Act (foster care assistance). For purposes of determining Low Income Residents the
combined Adjusted Income of all occupants of a Space, whether or not legally related, shall be
utilized.
"Low Income Spaces" - The Spaces in the Project occupied by Low Income Residents.
"Median Income for the Area" - As of any date, the median gross income for the Area as
most recently determined by the Secretary of Housing and Urban Development under Section 8 of
the United States Housing Act of 1937, as amended, (or if such program is terminated, under such
program as in effect immediately before such termination). Except for any HUD Hold Harmless
Impacted Project, as defined in Code section 142(d)(2)(E)(iv), any determination of Median Income
for the Area with respect to the Project for any calendar year after 2008 shall not be less than the
Median Income for the Area determined with respect to the Project for the calendar year preceding
the calendar year for which such determination is made. Special rules for determining the Median
Income for the Area for calendar years after 2008 for HUD Hold Harmless Impacted Projects are set
forth in Code section 142(d)(2)(E)(iv).
"Other Project" means the Las Casitas de Sonoma Mobile Home Park located in the City, as
more particularly described in the Other Regulatory Agreement.
"Other Regulatory Agreement" means the Regulatory Agreement and Declaration of
Restrictive Covenants relating to the Other Project dated as of the date hereof among the Authority,
the Borrower and the Trustee.
"Oversight Agent" - The Oversight Agent appointed under the Administration Agreement,
which shall initially be Wolf & Company Inc.
"Oversight Agent's Fee" - The administration fee of the Oversight Agent, as set forth in the
Administration Agreement.
"Prior Bonds" means, collectively, the Rohnert Park Financing Authority Mobile Home Park
Revenue Bonds (Rancho Feliz Mobilehome Park) Series 2003A and Mobile Home Park Subordinate
Revenue Bonds (Rancho Feliz Mobilehome Park) Series 2003B.
"Project" means the Rancho Feliz Mobile Home Park located at 6607 Redwood Drive,
Rohnert Park, CA on the real property more particularly described in Exhibit A hereto.
"Qualified Project Period" - The period beginning on the later of (i) the date of issuance of
the Bonds or (ii) the first date on which at least 10% of all of the Spaces in the Project are first
occupied and ending on the latest of (w) the date which is 15 years after the later of the date of
issuance of the Bonds or the date on which at least 50% of the Spaces in the Project are first
occupied, (x) the first day on which no tax - exempt private activity bond issued with respect to the
Project is outstanding, (y) the date on which any assistance provided with respect to the Project
DMWEST #9228996 v2 4
under Section 8 of the United States Housing Act of 1937 terminates, or (z) the date which is 30
years after the date of issuance of the Bonds; provided such period is subject to extension in
accordance with Section 50) hereof.
"Qualified Residents" - - means Low Income Residents or Very Low Income Residents, as
applicable.
"Qualified Space" - a Low Income Space or a Very Low Income Space, as applicable.
"Space" - A mobile home space within the Project upon which a mobile home may be
placed.
"Tax Certificate" - The certificate as to arbitrage of the Authority and Borrower, dated as of
the Closing Date, with respect to the Bonds.
"Tax- exempt Bonds" — The Series A Bonds.
"Treasury Regulations" - The regulations of the Department of the Treasury, Internal
Revenue Service under Section 142(d) of the Code or predecessor Code sections, including,
Regulation Section 1.103 -8(b).
"Very Low Income Residents" - Individuals or families whose Adjusted Income does not
exceed the qualifying limits for very low income families (currently 50% or less of the Median
Income for the Area), adjusted for actual household size, as established and amended from time to
time pursuant to Section 8 for the United States Housing Act of 1937, and as published by the State
of California Department of Housing and Community Development. If all occupants of a Space are
or will be full -time students during five calendar months of the calendar year at an educational
institution (other than a correspondence school) with regular faculty and students, such occupants
shall not be considered to be Very Low Income Residents unless all such students are either (i)
married and eligible to file a joint federal income tax return or (ii) single parents and their children
and such parents and children are not dependents of another individual or (ii) receiving assistance
under Title IV of the Social Security Act (including AFDC /TANF ) or the Job Training Partnership
Act or under similar Federal, State, or local laws, or were previously under the care and placement
responsibility of the State agency responsible for administering a plan under Part B or part E of Title
IV of the Social Security Act (foster care assistance). For purposes of determining Very Low Income
Residents the combined Adjusted Income of all occupants of a Space, whether or not legally related,
shall be utilized.
"Very Low Income Spaces" - The Spaces in the Project occupied by Very Low Income
Residents pursuant to Section 5 of this Regulatory Agreement.
Such terms as are not defined herein shall have the meanings assigned to them in the
Indenture. Unless the context clearly requires otherwise, as used in this Regulatory Agreement,
words of the masculine, feminine or neuter gender shall be construed to include each other gender
when appropriate and words of the singular number shall be construed to include the plural number,
and vice versa, when appropriate. This Regulatory Agreement and all the terms and provisions
hereof shall be construed to effectuate the purposes set forth herein and to sustain the validity hereof.
The defined terms used in the preamble and recitals of this Regulatory Agreement have been
DMW EST #9228996 v2 5
included for convenience of reference only, and the meaning, construction and interpretation of all
defined terms shall be determined by reference to this Section 1 notwithstanding any contrary
definition in the preamble or recitals hereof. The titles and headings of the sections of this
Regulatory Agreement have been inserted for convenience of reference only, and are not to be
considered a part hereof and shall not in any way modify or restrict any of the terms or provisions
hereof or be considered or given any effect in construing this Regulatory Agreement or any
provisions hereof or in ascertaining intent, if any question of intent shall arise.
Section 2. Representations and Warranties of the Borrower. The Borrower hereby
represents, as of the date hereof, and covenants, warrants and agrees as follows:
(a) The Borrower has incurred a substantial binding obligation to acquire the
Project pursuant to which the Borrower is obligated to expend at least five percent (5 %) of
the principal amount of the Bonds.
(b) The Borrower's reasonable expectations respecting the use of Bond proceeds
are accurately set forth in the Tax Certificate and Agreement executed by the Borrower on
the Closing Date. No commercial property for lease (other than the Spaces) is being financed
by the Bonds.
(c) The statements made in the various certificates delivered by the Borrower to
the Authority or the Trustee are true and correct.
(d) Not more than 2% of the proceeds of the Tax - exempt Bonds shall be applied
to pay Cost of Issuance.
(e) Money on deposit in any fund or account in connection with the Bonds,
whether or not such money was derived from other sources, shall not be used by or under the
direction of the Borrower in a manner which would cause the Tax - exempt Bonds to be
"arbitrage bonds" within the meaning of Section 148 of the Code, and the Borrower
specifically agrees that the investment of money in any such fund shall be restricted as may
be necessary to prevent the Tax - exempt Bonds from being "arbitrage bonds" under the Code.
(fl The Borrower will not take or omit to take, as is applicable, any action if such
action or omission would in any way cause the proceeds from the sale of the Bonds to be
applied in a manner contrary to the requirements of the Indenture, the Loan Agreement, the
Other Regulatory Agreement and this Regulatory Agreement.
(g) The Borrower shall comply with all provisions of the Other Regulatory
Agreement.
Section 3. Residential Rental Property. The Borrower hereby represents, as of the date
hereof, and covenants, warrants and agrees as follows:
(a) The Project is being owned and operated for the purpose of providing
qualified residential rental housing, consisting of one mobile home Space for each
household, together with facilities which are Functionally Related and Subordinate to such
Spaces..
DMWEST #9228996 v2 6
(b) All of the mobile homes in the Project will contain separate facilities for
living, sleeping, eating, cooking and sanitation, including a sleeping area, bathing and
sanitation facilities and cooking facilities equipped with a cooking range, refrigerator and
sink.
(c) All of the Spaces will be available for rental on a continuous basis to
members of the general public during the Qualified Project Period, and the Borrower will not
give preference to any particular class or group in renting the Spaces in the Project, except to
the extent that Spaces are required to be leased or rented to Low Income Residents or Very
Low Income Residents.
(d) The Project comprises a single geographically and functionally integrated
project for residential rental property, as evidenced by the ownership, management,
accounting and operation of the Project.
(e) No part of the Project will at any time be owned or used as a condominium or
by a cooperative housing corporation, and the Borrower shall not take any steps toward such
conversion without an opinion of Bond Counsel that interest on the Tax - exempt Bonds will
not thereby become includable in gross income for federal income tax purposes.
(f) Should involuntary noncompliance with the provisions of this Regulatory
Agreement be caused by fire, seizure, requisition, foreclosure, transfer of title by deed in lieu
of foreclosure, change in a federal law or an action of a federal agency after the Closing Date
which prevents the Authority from enforcing the requirements of the Regulations, or
condemnation or similar event, the Borrower covenants that, within a "reasonable period"
determined in accordance with the Regulations, it will either prepay the Note or apply any
proceeds received as a result of any of the preceding events to reconstruct the Project to meet
the requirements hereof.
(g) There shall be no discrimination against or segregation of any person or group
of persons on account of race, color, religion, sex, marital status, ancestry, national origin,
source of income (e.g. AFDC (or its successor program, if any) or SSI) or disability in the
sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Project nor shall
the transferee or any person claiming under or through the transferee, establish or permit any
such practice or practices of discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of
the Project.
(h) The Low Income Spaces and Very Low Income Spaces shall be intermingled
with, and shall be of comparable quality to, all other Spaces in the Project. Tenants in all
Spaces shall have equal access to and enjoyment of all common facilities of the Project.
(i) In the aggregate, no more than two persons per bedroom, plus one person
shall occupy any Space in the Project, not including children born after the date of initial
occupancy by a household. For example, with respect to a two bedroom mobile home,
maximum occupancy shall be 5 persons (exclusive of post- occupancy children described
above).
DMWEST #9228996 v2 7
0) None of the Spaces in the Project shall at any time be utilized on a transient
basis; none of the residents of the Project are residing at the Project for any ancillary purpose
unrelated to housing; none of the Spaces in the Project are being leased or rented to a person
or person who does not occupy such Space; and neither the Project nor any portion thereof
shall be used as a hotel, motel, dormitory, fraternity house, sorority house, rooming house,
hospital, nursing home, retirement home, sanitarium, rest home, or by a cooperative housing
corporation (as defined in Section 216(b)(1) of the Code).
(k) Substantially all (i.e., not less than 95 %) of the Project shall consist of
proximate structures located on one or more contiguous tracts of land which have similarly
constructed Spaces financed pursuant to a common plan together with Functionally Related
and Subordinate facilities, all of which shall be owned by the same "person" (as such term is
used in the Treasury Regulations) for federal tax purposes.
(1) The Borrower shall comply with all applicable provisions of the City Law,
including but not limited to provisions with respect to rent increases for the Spaces.
Section 4. Additional Program Requirements. The following provisions shall apply
during the term of this Agreement, irrespective of whether any Bonds are outstanding.
(a) The Borrower shall notify the Authority, and the Oversight Agent of the
operations /management company it will employ for the Project no less than thirty (30) days
prior to the signing of a contract with any such entity. Qualifications of the firm(s) shall also
be provided at that time and the Authority shall have the right to submit comments on the
qualifications of the firm, which shall be considered by Borrower prior to execution of a
contract.
(b) The Borrower is responsible for all management functions with respect to the
Project including without limitation the selection of tenants, certification and recertification
of household size and income, evictions, collection of rents and deposits, maintenance,
landscaping, routine and extraordinary repairs, replacement of capital items, and security.
The Authority shall have no responsibility over management of the Project. In no instance
shall the Borrower delegate or forego its responsibility to operate the Project in the manner
set forth in this Agreement and the Loan Agreement, except as expressly provided in Section
4(a) above.
(c) The Authority, through its Authorized Officer, reserves the right to conduct
on or about July 15 of each year, commencing July 15, 2013, an annual (or more frequently,
if deemed necessary by the Authority) review of the management practices and financial
status of the Project. The purpose of each periodic review will be to enable the Authority to
determine if the Project is being operated and managed in accordance with the requirements
and standards of this Agreement. The Borrower shall cooperate with the Authority in such
reviews, including but not limited to making its books and records regarding the Project
available for inspection by the Authority.
(d) The Borrower agrees, for the entire term of this Agreement, to maintain all
common area interior and exterior improvements and common buildings on the Project
DMWEST #9228996 v2 8
(exclusive of the mobile homes and tenant spaces), including, without limitation, landscaping
at the Project, in good condition and repair, including necessary replacements (and, as to
landscaping, in a healthy condition) and in accordance with all applicable laws, rules,
ordinances, orders and regulations of all federal, state, county, municipal, and other
governmental agencies and bodies having or claiming jurisdiction and all their respective
departments, bureaus, and officials.
(e) The Authority places prime importance on quality maintenance to ensure that
all affordable housing projects that receive financing assistance within the jurisdiction of the
Authority are not allowed to deteriorate due to below- average maintenance. Normal wear
and tear of the Project will be acceptable to the Authority assuming the Borrower agrees to
provide all necessary improvements to assure the Project is maintained in good condition.
The Borrower shall make all repairs and replacements necessary to keep the Project in good
condition and repair.
(f) In the event that the Borrower breaches any of the covenants contained in this
Section 4 and such default continues for a period of ten (10) days after written notice from
the Authority, with respect to graffiti, debris, waste material, and general maintenance or
thirty (30) days after written notice from the Authority with respect to landscaping and
building improvements, then the Authority, in addition to whatever other remedy they may
have at law or in equity, shall have the right to enter upon the Project and perform or cause to
be performed all such acts and work necessary to cure the default. Pursuant to such right of
entry, the Authority shall be permitted (but are not required) to enter upon the Project and
perform all acts and work necessary to protect, maintain, and preserve the improvements and
landscaped areas on the Project, and to attach a lien on the Project, or to assess the Project, in
the amount of the expenditures arising from such acts and work of protection, maintenance,
and preservation by the Authority and /or costs of such cure, including a fifteen percent
(15 %) administrative charge, which amount shall be promptly paid by the Borrower to the
Authority upon written demand.
Section 5. Qualified Residents. (1) Pursuant to the requirements of the Code and.the
Act, the Borrower hereby represents, as of the date hereof, and warrants, covenants and agrees as
follows:
(a) During the Qualified Project Period:
(i) not less than twenty percent (20 %) of the Spaces in the Project shall
be continuously occupied by Very Low Income Residents. The monthly rent
charged for not less than one -half of such Spaces required to be occupied by Very
Low Income Residents shall be not greater than as follows:
(A) where a Very Low Income Resident is both the registered and
legal owner of the mobile home and is not making mortgage payments for the
purchase of that mobile home, the total rental charge for occupancy of the
Space (excluding a reasonable allowance for other related housing costs
determined at the time of acquisition of the Project by the Borrower and
excluding any supplemental rental assistance from the State, the federal
DMWEST #9228996 v2 9
government, or any other public agency to the Very Low Income Resident or
on behalf of the Space and the mobile home) shall not exceed one - twelfth of
30 percent of 50 percent of Median Income for the Area, adjusted for
household size in the manner set forth below.
(B) where a Very Low Income Resident is the registered owner of
the mobile home and is making mortgage payments for the purchase of that
mobile home, the total rental charge for occupancy of the Space (excluding
any charges for utilities and storage and excluding any supplemental rental
assistance from the State, the federal government, or any other public agency
to the Very Low Income Resident or on behalf of the Space and mobile
home), shall not exceed one - twelfth of 15 percent of 50 percent of Median
Income for the Area, as adjusted for household size in the manner set forth
below.
(C) where a Very Low Income Resident rents both the mobile
home and the Space occupied by the mobile home, the total rental payments
paid by the Very Low Income Resident on the mobile home and the Space
occupied by the mobile home (excluding any supplemental rental assistance
from the State, the federal government, or any other public agency to that
Very Low Resident or on behalf of that Space and mobile home) shall not
exceed one - twelfth of 30 percent of 50 percent of Median Income for the
Area adjusted for household size in the manner set forth below.
(b) In adjusting rent for household size, it shall be assumed that one person will
occupy a recreational vehicle, two persons will occupy a single -wide mobile home and
three persons will occupy a multi - sectional mobile home; or as permitted under Section
52102(a) of the California Health and Safety Code, it shall be assumed that one person will
occupy a studio unit, two persons will occupy a one - bedroom unit, three persons will occupy
a two - bedroom unit, four persons will occupy a three- bedroom unit, and five persons will
occupy a four - bedroom unit.
(c) The Borrower also hereby represents, as of the date hereof, and warrants,
covenants and agrees that not less than forty percent (40 %) of the Spaces in the Project (not
including any Spaces required to be occupied by Very Low Income Residents under Sections
5(a) above) shall be continuously occupied by Low Income Residents during the Qualified
Project Period.
(d) In the event a recertification of such tenant's income in accordance with
Section 5(f) below demonstrates that such tenant no longer qualifies as a Qualified Resident,
the Space occupied by such Resident shall continue to be treated as a Qualified Space unless
and until any Space in the Project thereafter is occupied by a new tenant other than a
Qualified Resident of the applicable category. Moreover, a Space previously occupied by a
Qualified Resident and then vacated shall be considered occupied by a Qualified Resident of
the applicable category until reoccupied, other than for a temporary period, at which time the
character of the Space shall be redetermined. In no event shall such temporary period exceed
thirty one (3 1) days. Notwithstanding anything herein to the contrary, if at any time the
DMW EST #9228996 v2 10
number of Qualified Residents falls below the number required by subparagraphs (a)(i) or (c)
of this Section, the next available vacant Space shall be rented to a Qualified Resident of the
applicable category.
(e) Immediately prior to a Qualified Resident's occupancy of a Qualified Space
(or prior to the Closing Date with respect to Spaces previously occupied), the Borrower will
obtain and maintain on file an Income Certification form from each Qualified Resident
occupying a Qualified Space, dated immediately prior to the initial occupancy of such
Qualified Resident in the Project (or prior to the Closing Date in the case of existing
Qualified Residents). In addition, the Borrower will provide such further information as may
be required in the future by the State of California, and by the Act, as the same may be
amended from time to time, as requested by the Authority or the Oversight Agent. The
Borrower shall verify that the income provided by an applicant with respect to a Space to be
occupied after the Closing Date is accurate by taking one or more of the following steps as a
part of the verification process: (1) obtain a federal income tax return for the most recent tax
year, (2) obtain a written verification of income and employment from applicant's current
employer, such as a current pay stub or W -2 form, (3) if an applicant is unemployed or did
not file a tax return for the previous calendar year, obtain other verification of such
applicant's income reasonably satisfactory to the Oversight Agent or (4) such other
information as may be reasonably requested by the Oversight Agent.
Within ten days after the last day of each calendar quarter during the term of this
Regulatory Agreement commencing with the quarter ending December 31, 2012, the
Borrower shall advise the Oversight Agent or in the absence of an Oversight Agent, the
Authority, of the status of the occupancy of the Project by delivering to the Oversight Agent
a Certificate of Continuing Program Compliance; provided, however, with the prior written
approval of the Oversight Agent or the Authority, as the case may be, such Certificate need
be filed only semi - annually. Copies of the most recent Income Certifications for Qualified
Residents commencing or continuing occupancy of a Qualified Space shall be made
available to the Authority or Oversight Agent upon request.
(f) Annually, the Borrower shall recertify the income of the occupants of such
Qualified Spaces by obtaining a completed Income Certification based upon the current
income of each occupant of the Space. In the event the recertification demonstrates that such
household's income exceeds 140% of the income at which such household would qualify as
a Qualified Resident of the applicable category, such household will no longer qualify as a
Qualified Resident of the applicable category, and the Borrower either (i) will designate
another Qualified Resident and Space in the Project as a Qualified Resident of the applicable
category, and a Qualified Space of the applicable category, respectively, or (ii) will rent the
next available vacant Space to one or more Qualified Residents of the applicable category.
(g) The Borrower will maintain complete and accurate records pertaining to the
Qualified Spaces, and will permit any duly authorized representative of the Authority, the
Oversight Agent, the Trustee (who shall have no duty to inspect), the Department of the
Treasury or the Internal Revenue Service to inspect during normal business hours and with
prior notice the books and records of the Borrower pertaining to the Project, including those
records pertaining to the occupancy of the Qualified Spaces.
DMW EST #9228996 v2 11
(h) The Borrower shall submit to the Secretary of the Treasury annually on the
anniversary date of the start of the Qualified Project Period or such other date as is required
by the Secretary, a certification that the Project continues to meet the requirements of Section
142(d)(7) of the Code (currently IRS form 8703), and shall provide a copy of such
certification to the Oversight Agent.
(i) Each lease or rental agreement pertaining to a Qualified Space occupied after
the Closing Date shall contain a provision to the effect that the Borrower has relied on the
Income Certification and supporting information supplied by the Qualified Resident in
determining qualification for occupancy of the Qualified Space, and that any material
misstatement in such certification (whether or not intentional) may be cause for immediate
termination of such lease. Each lease or rental agreement will also contain a provision that
failure to cooperate with the annual recertification process reasonably instituted by the
Borrower pursuant to Section 5 above will disqualify the Space as a Qualified Space and
provide grounds for termination of the lease. The Borrower agrees to provide to the
Oversight Agent, and the Authority, a copy of the form of application and lease to be
provided to prospective Qualified Residents and any amendments thereto.
0) In the event, despite Borrower's exercise of best efforts to comply with the
provisions of Section 5 of this Regulatory Agreement, the Borrower shall have been out of
compliance with any of the restrictions of Section 5 hereof relative to Qualified Residents,
for a period in excess of six months, then at the sole option of the Authority the term of the
Regulatory Agreement shall be automatically extended for the period of non - compliance
upon written notice to the Borrower, the Trustee and the Oversight Agent from the
Authority, such extension to relate to the Qualified Spaces and Qualified Residents as to
which such noncompliance relate.
Section 6. Reserved.
Section 7. Tax Status of the Bonds. The Borrower and the Authority each hereby
represents, as of the date hereof, and warrants, covenants and agrees that:
(a) It will not knowingly take or permit, or omit to take or cause to be taken, as is
appropriate, any action that would adversely affect the exclusion from gross income for
federal income tax purposes of the interest on the Tax - exempt Bonds or the exemption from
California personal income tax of the interest on the Bonds and, if it should take or permit, or
omit to take or cause to be taken, any such action, it will take all lawful actions necessary to
rescind or correct such actions or omissions promptly upon obtaining knowledge thereof;
(b) It will take such action or actions as may be necessary, in the written opinion
of Bond Counsel filed with the Authority, the Trustee and the Borrower, to comply fully
with the Act and all applicable rules, rulings, policies, procedures, Regulations or other
official statements promulgated, proposed or made by the Department of the Treasury or the
Internal Revenue Service pertaining to obligations issued under Section 145 of the Code to
the extent necessary to maintain the exclusion from gross income for federal income tax
purposes of interest on the Tax - exempt Bonds; and
DMW EST #9228996 v2 12
(c) It will file of record such documents and take such other steps as are
necessary, in the written opinion of Bond Counsel filed with the Authority, the Trustee and
the Borrower, in order to ensure that the requirements and restrictions of this Regulatory
Agreement will be binding upon all owners of the Project, including, but not limited to, the
execution and recordation of this Regulatory Agreement in the real property records of the
County.
The Borrower hereby covenants to include the requirements and restrictions contained in this
Regulatory Agreement in any document transferring any interest in the Project (other than leases of
Spaces in the Project to individual tenants) to another person to the end that such transferee has
notice of, and is bound by, such restrictions, and to obtain the agreement from any transferee to
abide by all requirements and restrictions of this Regulatory Agreement.
Section 8. Modification of Special Tax Covenants. The Borrower, the Trustee and the
Authority hereby agree as follows:
(a) To the extent any amendments to the Act, the Regulations or the Code shall,
in the written opinion of Bond Counsel filed with the Authority, the Trustee and the
Borrower, impose requirements upon the ownership or operation of the Project more
restrictive than those imposed by this Regulatory Agreement which must be complied with
in order to maintain the exclusion from gross income for federal income tax purposes of
interest on the Tax - exempt Bonds, this Regulatory Agreement shall be deemed to be
automatically amended to impose such additional or more restrictive requirements.
(b) To the extent any amendments to the Act, the Regulations or the Code shall,
in the written opinion of Bond Counsel filed with the Authority, the Trustee and the
Borrower, impose requirements upon the ownership or operation of the Project less
restrictive than imposed by this Regulatory Agreement, this Regulatory Agreement may be
amended or modified to provide such less restrictive requirements but only by written
amendment approved and signed by the Authority (in its sole and absolute discretion), the
Trustee and the Borrower and approved by the written opinion of Bond Counsel that such
amendment (a) will not affect the exclusion from gross income for federal income tax
purposes of interest on the Tax - exempt Bonds, and (b) shall not conflict with any restrictions
imposed by the Authority, the Act, the regulations promulgated under the Code or the Code,
as applicable.
(c) The Borrower, the Authority and, if applicable, the Trustee shall execute,
deliver and, if applicable, file of record any and all documents and instruments, necessary to
effectuate the intent of this Section 8, and each of the Borrower and the Authority hereby
appoints the Trustee as its true and lawful attorney -in -fact to execute, deliver and, if
applicable, file of record on behalf of the Borrower or the Authority, as is applicable, any
such document or instrument (in such form as may be approved in writing by Bond Counsel)
if either the Borrower or the Authority defaults in the performance of its obligations under
this subsection (c); provided, however, that the Trustee shall take no action under this
subsection (c) without first notifying the Borrower or the Authority, or both of them, as is
applicable, unless directed in writing by the Authority or the Borrower and without first
DMWEST #9228996 v2 13
providing the Borrower or the Authority, or both, as is applicable, an opportunity to comply
with the requirements of this Section 8.
Section 9. Indemnification. The Borrower shall indemnify, hold harmless and defend the
Authority, the Oversight Agent and the Trustee and the respective officers, members, directors,
officials and employees of each of them (the "Indemnified Party ") against all loss, costs, damages,
expenses, suits, judgments, actions and liabilities of whatever nature, joint and several (including,
without limitation, attorneys' fees, litigation and court costs, amounts paid in settlement, and
amounts paid to discharge judgments), directly or indirectly resulting from or arising out of or
related to (a) the operation, use, occupancy, maintenance, or ownership of the Project (including
compliance with laws, ordinances and rules and regulations ofpublic authorities relating thereto); (b)
any written statements or representations with respect to the Borrower, the Project or the Bonds
made or given to the Authority, the Oversight Agent or the Trustee, or any underwriters or
purchasers of any of the Bonds, by the Borrower, or any of its agents or employees, including, but
not limited to, statements or representations of facts or financial information; or (c) any actions taken
by the Court in joining the Authority as an associate member or holding a public hearing with
respect to the financing of the Project by the Authority through the issuance of the Bonds; provided,
however, the Borrower shall not be obligated to indemnify the Authority, the Trustee, the Oversight
Agent or the Oversight Agent for damages caused by the gross negligence or willful misconduct of
the Authority, the Trustee or the Oversight Agent. The Borrower also shall pay and discharge and
shall indemnify and hold harmless the Authority, the Oversight Agent and the Trustee from (x) any
lien or charge upon payments by the Borrower to the Authority and the Trustee hereunder and (y)
any taxes (including, without limitation, all ad valorem taxes and sales taxes), assessments,
impositions and other charges in respect of any portion of the Project. If any such claim is asserted,
or any such lien or charge upon payments, or any such taxes, assessments, impositions or other
charges, are sought to be imposed, the Authority, the Oversight Agent or the Trustee shall give
prompt notice to the Borrower, and the Borrower shall assume the investigation defense thereof,
including the employment of counsel selected by the Indemnified Party and reasonably acceptable to
the Borrower and the payment of all reasonable expenses related thereto, with full power to litigate,
compromise or settle the same, provided that the Authority, the Oversight Agent and the Trustee, as
the case may be, shall have the right to review and approve or disapprove any such compromise or
settlement, such approval shall not be unreasonably withheld. The Authority shall have the right to
employ separate counsel in any such action or proceeding and participate in the investigation and
defeasance thereof, and the Borrower shall pay the costs incurred by the Authority in connection
with any such action or proceeding, including the reasonable fees and expenses of such separate
counsel, as such costs are incurred by the Authority. The determination by the Authority to retain
such separate legal counsel shall be at the sole discretion of the Authority.
The rights of any persons to indemnify hereunder and rights to payment of fees and
reimbursement of expenses pursuant to this Regulatory Agreement shall survive the final payment
and defeasance of the Bonds and in the case of the Trustee and the Oversight Agent any resignation
or removal. The provisions of this Section shall survive the termination of this Regulatory
Agreement.
Section 10. Consideration. The Authority has issued the Bonds to provide funds to make
the Loan under the Loan Agreement to finance the Project, all for the purpose, among others, of
inducing the Borrower to own and operate the Project such that the Project shall contribute to the
DMWEST #9228996 v2 14
Authority's efforts to provide affordable housing to Low Income Residents and Very Low Income
Residents in the City and to the satisfaction of the City's ongoing housing burden. In consideration
of the issuance of the Bonds by the Authority, the Borrower has entered into this Regulatory
Agreement and has agreed to restrict the uses to which the Project can be put on the terms and
conditions set forth herein.
Section 11. Reliance. The Authority and the Borrower hereby recognize and agree that
the representations, warranties, covenants and agreements set forth herein may be relied upon by all
persons interested in the legality and validity of the Bonds, and in the exclusion from gross income
for federal income tax purposes of the interest on the Bonds and the exemption from California
personal income tax of the interest on the Bonds. In performing their duties and obligations
hereunder, the Authority and the Trustee may rely upon statements and certificates of the Borrower
and Qualified Residents, and upon audits of the books and records of the Borrower pertaining to the
Project. In addition, the Authority and the Trustee may consult with counsel, and the opinion of
such counsel shall be full and complete authorization and protection in respect of any action taken or
suffered by the Authority or the Trustee hereunder in good faith and in conformity with such
opinion. In determining whether any default or lack of compliance by the Borrower exists under this
Regulatory Agreement, the Trustee shall not be required to conduct any investigation into or review
of the operations or records of the Borrower and may rely solely upon any notice or certificate
delivered to the Trustee by the Borrower, the Authority or the Oversight Agent with respect to the
occurrence or absence of a default.
Section 12. Sale or Transfer of the Project. The Borrower intends to hold the Project for
its own account, has no current plans to sell, transfer or otherwise dispose of the Project, and hereby
covenants and agrees not to sell, transfer or otherwise dispose of the Project, or any portion thereof
(other than for individual tenant use as contemplated hereunder), without obtaining the prior written
consent of the Authority and upon receipt by the Authority and the Trustee of (i) evidence
satisfactory to the Authority that the Borrower's purchaser or transferee has assumed in writing and
in full, the Borrower's duties and obligations under this Regulatory Agreement and under the
Administration Agreement, (ii) an opinion of counsel for the transferee that the transferee has duly
assumed the obligations of the Borrower under this Regulatory Agreement and the Administration
Agreement and that such obligations and this Regulatory Agreement and the Administration
Agreement are binding on the transferee, (iii) the Authority receives evidence acceptable to the
Authority that either (A) the transferee has experience in the ownership, operation and management
of comparable projects without any record of material violations of discrimination restrictions or
other state or federal laws or regulations applicable to such projects, or (B) the transferee agrees to
retain a property management firm with the experience and record described in subparagraph (A)
above, and in either case, at its option, the Authority may cause the Oversight Agent to provide
on -site training in program compliance if the Authority determines such training is necessary, (iv) an
opinion of Bond Counsel to the effect that such sale will not in and of itself cause interest on the
Tax - exempt Bonds to become includable in the gross income of the recipients thereof for federal
income tax purposes, and (v) evidence that the Borrower has complied with any applicable
provisions of Section 6.2 of the Loan Agreement. It is hereby expressly stipulated and agreed. that
any sale, transfer or other disposition of the Project in violation of this Section 12 shall be null, void
and without effect, shall cause a reversion of title to the Borrower, and shall be ineffective to relieve
the Borrower of its obligations under this Regulatory Agreement. Not less than ninety (90) days
prior to consummating any sale, transfer or disposition of any interest in the Project, the Borrower
DMWEST #9228996 v2 15
shall deliver to the Authority, the Oversight Agent and the Trustee a notice in writing explaining the
nature of the proposed transfer. Notwithstanding the foregoing, the Borrower may transfer
ownership of the Project to an affiliated entity of the Borrower with prior written notice to the
Authority accompanied by (i) an opinion of counsel to the affiliate that it has assumed the
obligations of the Borrower under this Regulatory Agreement and the Administration Agreement
and (ii) an opinion of Bond Counsel to the effect that such transfer will not in and of itself cause
interest on the Tax - exempt Bonds to become included in the gross income of the recipients thereof
for federal income tax purposes.
Section 13. Term. This Regulatory Agreement and all and several of the terms hereof
shall become effective upon its execution and delivery and shall remain in full force and effect
during the Qualified Project Period, it being expressly agreed and understood that the provisions
hereof are intended to survive the retirement of the Bonds and expiration of the Indenture, the Loan
Agreement and the Note. Notwithstanding any other provisions of this Regulatory Agreement to the
contrary, this entire Regulatory Agreement, or any of the provisions or sections hereof, may be
terminated upon agreement by the Authority, the Trustee and the Borrower, subject to compliance
with any of the provisions contained in this Regulatory Agreement only if there shall have been
received an opinion of Bond Counsel that such termination will not adversely affect the exclusion
from gross income for federal income tax purposes of interest on the Tax - exempt Bonds, or the
exemption from State personal income tax of the interest on the Bonds.
The terms of this Regulatory Agreement to the contrary notwithstanding, this Regulatory
Agreement, and all and several of the terms hereof, shall terminate and be of no further force and
effect in the event of (a) a foreclosure or delivery of a deed in lieu of foreclosure whereby a third
party shall take possession of the Project, (b) involuntary non - compliance with the provisions of this
Regulatory Agreement caused by fire, seizure, requisition, change in a federal law or an action of a
federal agency after the date hereof which prevents the Authority and the Trustee from enforcing the
provisions hereof, or (c) condemnation or a similar event, and, in each case, the payment in full and
retirement of the Bonds theretofore or within a reasonable period thereafter. Upon the termination of
the terms of this Regulatory Agreement, the parties hereto agree to execute, deliver and record
appropriate instruments of release and discharge of the terms hereof; provided, however, that the
execution and delivery of such instruments shall not be necessary or a prerequisite to the termination
of this Regulatory Agreement in accordance with its terms.
When all of the Bonds have been paid or deemed paid pursuant to Article XIII of the
Indenture, the Trustee shall no longer have any duties or obligations hereunder, and all references to
the Trustee shall thereafter be deemed references to the Authority.
Section 14. Covenants to Run With the Land. The Borrower hereby subjects the Project
(including the Project site) to the covenants, reservations and restrictions set forth in this Regulatory
Agreement. The Authority and the Borrower hereby declare their express intent that the covenants,
reservations and restrictions set forth herein shall be deemed covenants running with the land and
shall pass to and be binding upon the Borrower's successors in title to the Project; provided,
however, that upon the termination of this Regulatory Agreement said covenants, reservations and
restrictions shall expire. Each and every contract, deed or other instrument hereafter executed
covering or conveying the Project or any portion thereof shall conclusively be held to have been
executed, delivered and accepted subject to such covenants, reservations and restrictions, regardless
DMWEST #9228996 v2 16
of whether such covenants, reservations and restrictions are set forth in such contract, deed or other
instrument.
Section 15. Burden and Benefit. The Authority and the Borrower hereby declare their
understanding and intent that the burden of the covenants set forth herein touch and concern the land
in that the Borrower's legal interest in the Project is rendered less valuable thereby. The Authority
and the Borrower hereby further declare their understanding and intent that the benefit of such
covenants touch and concern the land by enhancing and increasing the enjoyment and use of the
Project by Very Low Income Residents and Low Income Residents, the intended beneficiaries of
such covenants, reservations and restrictions, and by furthering the public purposes for which the
Bonds were issued.
Section 16. Uniformity; Common Plan. The covenants, reservations and restrictions
hereof shall apply uniformly to the entire Project in order to establish and carry out a common plan
for the use of the Project.
Section 17. Enforcement. If the Borrower defaults in the performance or observance of
any covenant, agreement or obligation of the Borrower set forth in this Regulatory Agreement, and if
such default remains uncured for a period of 60 days after notice thereof shall have been given by
the Authority or the Trustee to the Borrower (provided, however, that the Authority may at its sole
option extend such period if the Borrower provides the Authority with an opinion of Bond Counsel
to the effect that such extension will not adversely affect the exclusion from gross income for federal
income tax purposes of interest on the Tax - exempt Bonds, and provided further, in the event any
default relates to Section 5 hereof and the Borrower is exercising best efforts to comply with such
restrictions as determined by the Authority in its sole discretion, then the cure period described
above shall be 6 months and the Qualified Project Period shall be extended for a like period under
Section 50) hereof), then the Trustee, subject to the provisions of Section 9 hereof and to the extent
directed in writing by the Authority, subject to the provisions of the Indenture, acting on its own
behalf or on behalf of the Authority, shall declare an "Event of Default" to have occurred hereunder,
and, at its option, may take any one or more of the following steps:
(a) by mandamus or other suit, action or proceeding at law or in equity, require
the Borrower to perform its obligations and covenants hereunder or enjoin any acts or things
which may be unlawful or in violation of the rights of the Authority or the Trustee
hereunder;
(b) have access to and inspect, examine and make copies of all of the books and
records of the Borrower pertaining to the Project; and
(c) take such other action at law or in equity as may appear necessary or desirable
to enforce the obligations, covenants and agreements of the Borrower hereunder.
In addition to the enforcement remedies set forth above, upon the Borrower's default under
this Regulatory Agreement, the Authority shall have the right (but not the obligation) to lease up to
20% of the Spaces in the Project for a rental of $1 per Space per year. The Authority shall sublease
such units to Qualified Residents to the extent necessary to comply with the provisions hereof. Any
rent paid under such a sublease shall be paid to the Borrower after the Authority has been reimbursed
DMWEST #9228996 v2 17
for any expenses incurred by it in connection with the sublease; provided that, if the Borrower is in
default under the Loan, such rent shall be used to make payments under the Loan.
The Trustee shall have the right, in accordance with this Section 17 and the provisions of the
Indenture, without the consent or approval of the Authority, to exercise any or all of the rights or
remedies of the Authority hereunder; provided that prior to taking any such act the Trustee shall give
the Authority written notice of its intended action. All fees, costs and expenses of the Trustee, the
Authority and the Oversight Agent (including, without limitation, reasonable attorneys' fees)
reasonably incurred in taking any action pursuant to this Section 17 shall be the sole responsibility of
the Borrower; provided the Trustee shall not be obligated to take any action hereunder that results in
expenses or liability to the Trustee unless it is compensated and reimbursed for its expenses,
including reasonable attorneys' fees, and indemnified to its satisfaction against liability.
After the Indenture has been discharged, or if the Trustee fails to act under this Section 17,
the Authority may act in its own behalf to declare an "Event of Default" to have occurred and to take
any one or more of the steps specified hereinabove to the same extent and with the same effect as if
taken by the Trustee.
Section 18. Recording and Filing. The Borrower shall cause this Regulatory Agreement
and all amendments and supplements hereto, to be recorded and filed, prior to the recording of the
Deed of Trust and the disbursement of the Loan, in the real property records of the County and in
such other places as the Authority or the Trustee may reasonably request (including, but not limited
to, in the grantor- grantee index to the name of the Borrower as grantor and to the Authority as
grantee). The Borrower shall pay all fees and charges incurred in connection with any such
recording.
Section 19. Payment of Fees. The Borrower will pay to the Authority the Authority
Annual Fee, including the portion thereof billed currently by the Authority to the Borrower for the
Authority's audit fees and expenses, which shall be paid by the Borrower promptly upon receipt of
such invoice and to the Oversight Agent, the Oversight Agent's Fee, each when due.
Notwithstanding any prepayment of the Loan and notwithstanding a discharge of the Indenture,
throughout the term of this Regulatory Agreement, the Borrower shall continue to pay to the
Authority the Authority Annual Fee, and to the Oversight Agent, the Oversight Agent's Fee, and, in
the event of a default hereunder, to the Authority and the Trustee reasonable compensation for any
services rendered by either of them hereunder and reimbursement for all expenses reasonably
incurred by either of them in connection with such default.
Section 20. Governing Law. This Regulatory Agreement shall be governed by the laws of
the State of California. Except as expressly provided herein and in the Agreement, the Trustee's
rights, duties and obligations hereunder are governed in their entirety by the terms and provisions of
the Indenture.
Section 21. Amendments. Except as provided in Section 8(a) hereof, this Regulatory
Agreement shall be amended only by a written instrument executed by the parties hereto or their
successors in title, and duly recorded in the real property records of the County. The parties hereto
acknowledge that, as long as the Bonds are outstanding, the owners of the Bonds are third party
beneficiaries to this Regulatory Agreement.
DMWEST #9228996 v2 18
Section 22. Notice. All notices, certificates or other communications shall be in writing
and will be sufficiently given and (except for notices to the Trustee, which shall be deemed given
only when actually received by the Trustee) shall be deemed given on the date personally delivered
or on the second day following the date on which the same have been mailed by certified mail, return
receipt requested, postage prepaid, addressed as follows:
Authority: Independent Cities Finance Authority
P.O. Box 1750
Palmdale, California 93590 -1750
Attention: Program Administrator
Oversight Agent: Wolf & Company Inc.
1100 S. Flower Street, Suite 3300
Los Angeles, California 90015
Attention: Wesley R. Wolf
Trustee: Union Bank, N.A.
120 S. San Pedro Street, 4th Floor
Los Angeles, California 90012
Attention: Corporate Trust
Fax: (213) 972 -5694
Email: Jennifer.Earleaunionbank com
Borrower: Millennium Housing, LLC
20 Pacifica, Suite 1470
Irvine, California 92618
Attention: George Turk
Any of the foregoing parties may, by notice given hereunder, designate any further or
different addresses to which subsequent notices, certificates, documents or other communications
shall be sent.
Section 23. Severability. If any provision of this Regulatory Agreement shall be invalid,
illegal or unenforceable, the validity, legality and enforceability of the remaining portions hereof
shall not in any way be affected or impaired thereby.
Section 24. Multiple CounteMRarts. This Regulatory Agreement may be executed in
multiple counterparts, all of which shall constitute one and the same instrument, and each of which
shall be deemed to be an original.
Section 25. Trustee Acting Solely in Such Capacity. In accepting its obligations
hereunder, the Trustee acts solely as trustee for the benefit of the Registered Owners, and not in its
individual capacity; and the duties, powers, rights and liabilities of the Trustee in acting hereunder
shall be subject to the provisions of the Indenture, including, without limitation, Article VIII of the
Indenture.
DMWEST ##9228996 v2 19
The Trustee shall act as specifically provided herein and no implied duties or obligations
shall be read into this Regulatory Agreement against the Trustee. The Trustee is entering into this
Regulatory Agreement solely in its capacity as Trustee under the Indenture and not in its individual,
corporate or personal capacity and except as specifically provided herein, nothing herein shall be
construed as imposing any duties or obligations upon the Trustee beyond those contained in the
Indenture.
After the date on which no Bonds remain outstanding as provided in the Indenture, the
Trustee shall have no duties or responsibilities under this Regulatory Agreement, and all references
herein to the Trustee shall be deemed references to the Authority.
Section 26. Compliance by Borrower. The Trustee shall not be responsible for monitoring
or verifying compliance by the Borrower with its obligations under this Regulatory Agreement. The
Program Administrator shall assume such responsibilities under the terms of the Administration
Agreement among the Program Administrator, the Authority and the Borrower.
Section 27. Limited Liability of the Authority. The Authority's liability under this
Regulatory Agreement shall be limited as set forth in Section 14.3 of the Indenture.
DMWEST #9228996 v2 .20
IN WITNESS WHEREOF, the Authority, the Trustee and the Borrower have executed this
Regulatory Agreement by duly authorized representatives, all as of the date first written hereinabove.
INDEPENDENT CITIES FINANCE
AUTHORITY
By:
Deborah J. Smith, Program Administrator
UNION BANK, N.A., as Trustee
Authorized Officer
MILLENNIUM HOUSING, LLC,
a California limited liability company
By: Millennium Housing Corporation,
a California nonprofit public benefit
corporation, its sole member
am
DMWEST #9228996 v2 S -1
George R. Turk, Jr., President
STATE OF CALIFORNIA
COUNTY OF
On
before me,
a Notary
Public, personally appeared , who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized
capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
DMW EST #9228996 v2 N
(Seal)
STATE OF CALIFORNIA
COUNTY OF
On
before me,
a Notary
Public, personally appeared , who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized
capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
DMWEST #9228996 v2 I�j
(Seal)
STATE OF CALIFORNIA
COUNTY OF
On before me, , a Notary
Public, personally appeared , who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within.
instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized
capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
DMWEST #9228996 Q N
(Seal)
EXHIBIT A
LEGAL DESCRIPTION
The real property is situated in the City of Rohnert Park, County of Sonoma, State of
California, and is described as follows:
DMWEST #9228996 v2 A-1
EXHIBIT B
FORM OF INCOME CERTIFICATION
We understand that completing this profile will assist the non - profit in determining property tax abatement and
preserving the park's tax - exempt status based on household income.
There is /are person(s) in our household. There are bedrooms in our mobilehome.
My /our home is a (check one): single -wide double -wide triple -wide
The total combined income of our household from all sources (both taxable & non - taxable)* annually is
(please check one of the spaces below):
Less than $13,800
Less than $29,500
Less than $52,500
Less than $15,750
Less than $32,750
Less than $56,600
Less than $17,700
Less than $35,400
Less than $60,000
Less than $19,650
Less than $36,700
Less than $60,800
Less than $21,250
Less than $38,000
Less than $67,500
Less than $22,800
Less than $41,950
Less than $75,000
Less than $22,950
Less than $47,200
Less than $81,000
Less than $26,200
Less than $52,400
$81,001 or more
*INCO_ME INCLUDES:
Gross Wages /Salary including- (Overtime, Commissions and Fees, Tips and Bonuses), Interest and Dividends or other
income from investments (401k, IRA, etc.), Social Security, Alimony and Child Support, Gifts and Contributions,
Military Pay and Income Tax Credits, Unemployment Benefits, Disability Payments, Workers Compensation, Pensions.
INCOME DOES NOT INCLUDE:
Medical Reimbursements, Scholarships, Combat Pay, Government Relocation Payments, Foster Care Payments, Food
Stamps, Job Training Act Payments, Low - Income Home Energy Assistance Payments.
4. (a) Does your household have savings, stocks, bonds or equity in real property with a combined total
value exceeding $5,000 (DO NOT INCLUDE YOUR HOME). Yes No
(b) If Yes, the amount of income received from such assets must be included in your answer to
question #3 above.
5. My /Our current mortgage payment (if any) is $
6. My /Our annual property tax payments are approximately $
7. My /Our monthly utility bill total (water, natural/propane gas,
electricity) is approximately $
8. (a) Are ALL of the persons in the household full -time students? Yes No
(b) If the answer to 8(a) is Yes, are at least two (2) of the occupants husband and wife entitled to file a
joint federal income tax return? Yes No
9. How many members of the household are age 55 or over?
10. Do you OWN AND OCCUPY this home as your full -time primary residence? Yes No
Uwe certify that the information provided above is true and correct under penalty of perjury. SPACE #
Head of Household Signature Date
Printed Name
Second Head of Household Signature Date
Printed Name
Please return Income Certification to: Millennium Housing, LLC, 20 Pacifica, Suite 1470, Irvine, CA 92618
DMW EST #9228996 v2 B -1
Manager
INCOME VERIFICATION
(for employed persons)
The undersigned employee has applied for a mobile home space located in a project financed by the
Independent Cities Finance Authority Housing with proceeds of its Mobile Home Park Revenue
Refunding Bonds, a portion of which Project is reserved for persons of Low Income. Every income
statement of a prospective tenant must be stringently verified. Please indicate below the employee's
current annual income from wages, overtime, bonuses, commissions or any other form of
compensation received on a regular basis.
Annual wages $
Overtime $
Bonuses $
Commissions $
Other Income $
Total current income $
I hereby certify that the statements above are true and complete to the best of my knowledge.
Signature Date Title
I hereby grant you permission to disclose my income to in order that
they may determine my income eligibility for rental of a mobile home space located in their project
which has been financed under the Independent Cities Finance Authority Mobile Home Park
Revenue Refunding Bonds.
Signature
Date
Please send to: Millennium Housing, LLC, 20 Pacifica, Suite 1470, Irvine, CA 92618
DMWEST #9228996 v2 B -2
INCOME VERIFICATION
(for self - employed persons)
I hereby attach copies of my individual federal and state income tax returns for the
immediately preceding calendar year and certify that the information shown in such income tax
returns is true and complete to the best of my knowledge.
Signature
DMW EST #9228996 v2 B -3
Date
ATTACHMENT NO. 1
Total Anticipated Income includes the following:
all wages and salaries, overtime pay, commissions, fees, tips and bonuses and other
compensation for personal services, before payroll deductions;
2. the net income from the operation of a business or profession or from the rental of real or
personal property (without deducting expenditures for business expansion or amortization of
capital indebtedness or any allowances for depreciation of capital assets except for straight
line depreciation as provided in Internal Revenue Service regulations); any withdrawal of
cash or assets from the operation of a business or profession will be included in income
except to the extent the withdrawal is reimbursed of cash or assets invested in the operation
by the family;
interest and dividends (including income from assets and other net income from real or
personal property);
4. the full amount of periodic payments received from social security, annuities, insurance
policies, retirement funds, pensions, disability or death benefits and other similar types of
periodic receipts, including any lump sum payment or prospective monthly amounts for the
delayed start of a periodic payment;
payments in lieu of earnings, such as unemployment and disability compensation,
workmen's compensation and severance pay;
6. the maximum amount of public assistance available to the above persons other than the
amount of any assistance specifically designated for shelter and utilities plus the maximum
amount that the public assistance agency could in fact allow for shelter and utilities;
7. periodic and determinable allowances, such as alimony and child support payments and
regular contributions and gifts received from organizations or persons not occupying the
Space;
8. all regular pay, special pay and allowances of a member of the Armed Forces (whether or not
living in the dwelling) who is the head of the household or spouse (or other persons whose
dependents are occupying the Space); and
9. any financial assistance, in excess of amounts received for tuition, received under the Higher
Education Act of 1965, from private sources, or from an institution of higher education,
except if such amounts are received by persons over the age of 23 with dependent children.
Excluded from such anticipated income are:
temporary, nonrecurring or sporadic gifts;
2. amounts which are specifically for or in reimbursement of medical expenses for any family
member;
DMWEST #9228996 v2 B_4
3. lump sum additions to family assets, such as inheritances, insurance payments (including
payments under health and accident insurance and workmen's compensation), capital gains
and settlement for personal or property losses, except as provide in paragraph 5 above;
4. subject to paragraph 9 above, the full amount of student financial assistance paid directly to
the student or to the educational institution;
5. special pay to a household member in the Armed Forces who is away from home and
exposed to hostile fire;
6. amounts received under training programs funded by HUD;
7. payments received for the care of foster children or foster adults;
amounts received by a disabled person that are disregarded for a limited time for purposes of
Supplemental Security Income eligibility and benefits because they are set aside for use
under a Plan to Attain Self- Sufficiency;
9. income of a live -in aide, as defined in 24 CFR 5.608;
10. amounts received by a participant in other publicly assisted programs which are specifically
for or in reimbursement of out -of- pocket expenses incurred and which are made solely to
allow participation in a specific program;
11. reparation payments paid by a foreign government pursuant to claims filed under the laws of
that government by persons who were persecuted during the Nazi era;
12. amounts specifically excluded by any other federal statute from consideration as income for
purposes of determining eligibility or benefits under a category of assistance programs that
includes assistance under any program to which the exclusions set forth in 24 CFR 5.609(c)
apply;
13. income from the employment of children (including foster children) under the age of 18
years;
14. adoption assistance payments in excess of $480 per adopted child;
15. earnings in excess of $480 for each full -time student 18 years old or older (excluding the
head of the household or spouse);
16. deferred periodic amounts from supplemental security income and social security benefits
that are received in a lump sum amount or in prospective monthly amounts;
17. amounts paid by a State agency to a family with a member who has a developmental
disability and is living at home to offset the cost of services and equipment needed to keep
the developmentally disable family member at home; and
DMWEST #9228996 v2 B -5
18. incremental earnings and benefits resulting to any family member from participation in
qualifying State or local employment training programs.
Full -Time Student means an individual who during each of five (5) calendar months during the
calendar year in which occupancy of the Space begins (i) is enrolled as a full -time student at an
educational organization which normally maintains a regular faculty and curriculum and normally
has a regularly enrolled body of students in attendance or (ii) is an individual pursuing a full -time
course of institutional on farm training under the supervision of an accredited agent of such an
educational organization or of a state or political subdivision thereof.
DMW EST #9228996 v2 B -6
F.XHTRTT C".
Period Covered
[Quarterly]
CERTIFICATION OF CONTINUING PROGRAM COMPLIANCE
The undersigned, Millennium Housing, LLC (the "Borrower "), has read and is thoroughly
familiar with the provisions of:
1. The Regulatory Agreement and Declaration of Restrictive Covenants dated as of
, 2012 (the "Regulatory Agreement ") among the Borrower, the Independent
Cities Finance Authority (the "Authority ") and Union Bank, N.A. (the "Trustee ");
2. The Indenture of Trust dated as of 2012 (the "Indenture ") between the
Authority and the Trustee;
3. The Loan Agreement dated as of , 2012 among the Borrower, the Trustee and
the Authority; and
As of the date of this Certificate, the following percentages of total Spaces in the Project (i) are
occupied by Very Low Income Residents or (ii) occupied by Low Income Residents or (iii) are
currently vacant and being held available for such occupancy and have been so held continuously
since the date a Very Low Income Resident or a Low Income Resident vacated such Space; as
indicated:
Total Project Spaces:
Number of Spaces Occupied by
Very Low Income Residents: Percent:
Held vacant for occupancy continuously since last occupied by Very Low Income
Resident: Percent: Unit Nos:
Number of Spaces occupied by Low Income Residents (not including any Spaces occupied by Very
Low Income Residents): Percent:
Held vacant for occupancy continuously since last occupied by Low Income
Resident: Percent: Unit Nos:
DMW EST #9228996 v2 C -1
4. The undersigned hereby certifies that the Borrower is not in default under any of the terms
and provisions of the above documents, and no event has occurred which, with the passage
of time, would constitute a default thereunder [or if such event has occurred explain below
the event and the steps being taken to remedy such event].
MILLENNIUM HOUSING, LLC,
a California limited liability company
By: Millennium Housing Corporation,
a California nonprofit public benefit
corporation, its sole member
DMWEST #9228996 v2 C_2
Title:
ITEM NO. 7.C.5
Mission Statement
"We Cure for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow."
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
Meeting Date: September 11, 2012
Department: Information Systems
Submitted By: David Rowley
Prepared By: David Rowley
Agenda Title: Adopt Resolution 2012 -104 Authorizing and Approving an Agreement with
the State of California, California Technology Agency for Providing
Internet Service to the City's Data Network
RECOMMENDED ACTION:
Staff is seeking Council approval of Resolution 2012 -104 to enter in to an agreement between
the State of California and the City of Rohnert Park for the State's California Technology
Agency to become the City's Internet Service Provider and to authorize the City Manager to
execute said agreement.
BACKGROUND:
Internet Connectivity plays a key part to City employees and their ability to deliver services to
the citizens of the City. The city council approved entering into an agreement with AT &T to
upgrade its then current internet service, to the service we receive currently today, on December
13, 2005. It was part of an overall citywide network upgrade.
AT &T has informed the City that it would be modifying and upgrading the current Internet
Circuit that provides City employees with Internet access, requiring staff to analyze the best
options for the City in pursuing Internet Service Provider (ISP) type services. The modifications
and upgrades were to take place by the end of the current calendar year. Staff at that time was
attending a conference hosted by the State of California. The State Office of Technology
Services, (OTech), an office of the California Technology Agency, was reaching out to local
Governments in an attempt to provide a variety of technology services such as co- location of
equipment for Disaster Recovery, Server Hosting and Hosted "Cloud" Email Services. It was
determined that collaborating with the State could provide future benefits and cost savings in
these and other areas.
The first step in this process would be for the City to connect to the State's two data centers in
Vacaville and Sacramento and allow the State to become the City's Internet Service Provder.
Staff sees this agreement as a first step in what we hope will be a long collaborative relationship
with OTech.
ANALYSIS:
OTech provides information technology services to many state, county, federal and local
government entities throughout California. The two data centers run by OTech enable them to
ITEM NO. 7.C.5
provide a scalable, reliable and secure statewide network, combined with expertise in providing
information technology services using an array of technologies.
A significant advantage in using OTech as the new Internet Service Provider for the City is
OTech's ability to provide Service Level Agreements (SLA) and to influence troubleshooting
and escalations with AT &T. Partnering with OTech allows them to manage the services
delivered by AT &T insuring quality of service is provided while at the same time allowing the
city to obtain reliable services without a long term contract, (typically required by AT &T), to
secure the best rate. OTech can meet the City's needs in this area and at any time, for any reason
the City can terminate this agreement and go back to AT &T. Staff has reviewed all potential
deployment and operational issues. Employee impact should be minimal.
The City will benefit from the State's long relationship with AT &T. AT &T will still be the main
provider for land telephone and fiber services for the City.
AT &T will continue to provide the current level of service, to the City, until March of 2013. As
a courtesy, so they can plan accordingly, the City will provide them with at a 30 -day notice of
when the City plans to discontinue the service. No penalty is incurred for terminating the circuit
since AT &T was going to shut it down anyway. We anticipate this occurring in December of
2012.
By entering into this agreement, the State will provide I.T. Goods and Services. This would
include technical and engineering support to getting the new 20- megabyte circuit running and
providing service until June 30 2014. They will provide a 24/7 call center to support the city if
any problems arise. They will also provide valuable data so the City can measure the service
performance over any given period.
OTHER ISP OPTIONS CONSIDERED:
1. Staying with AT &T as a Provider.
2. Using another company ie. Comcast cable.
FISCAL IMPACT/FUNDING SOURCE:
Analysis shows the cost to be the same as AT &T would charge. These funds would come from
the same General Fund as budgeted. The IS department is still working on a department cost
allocation model for these services, to be initiated in the next fiscal year.
Department Head Approval Date: 9/5/12
City Manager Approval Date: 9/5/12
City Attorney Approval Date: 9/4/12
Attachments (list in packet assembly order):
1. MOU between the City and the OTech
2. IAA Duration
3. Resolution
4. Exhibit A to the Resolution — Authorization, Agreement with Exhibits A,B and C
2
e.b. r �nnology Memorandum of Understanding
`� services Between the City of Rohnert Park
t y
And the Office of Technology Services
I. Parties
This document constitutes an agreement between the City of Rohnert Park and the
California Office of Technology Services (OTech); hereinafter, "the Parties ".
For the purposes of this Memorandum of Understanding (MOU), the OTech is defined as
the Service Manager and the City of Rohnert Park is defined as the Customer.
II. Purpose
OTech is implementing the new California Government Enterprise Network (CGEN)
utilizing vendor managed services provided by Verizon and AT &T that are available on
the CALNET 2 contract. This MOU outlines the managed service implementation as it
will apply to the City of Rohnert Park, responsibilities of the Parties, and the rates
associated with this new business model.
III. Implementation
• The managed service network design will include services from the CALNET 2
vendor(s) and OTech,
• The managed service will conform to the Service Level Agreements in CALNET
2 and the vendor Service Catalog,
• All City of Rohnert Park sites will be migrated from their current network topology
to the vendor managed CGEN,
• The planned CGEN network design meets the City of Rohnert Park's
requirements for Operational Recovery and Disaster Recovery,
• Migrations will begin 3`d quarter 2012
• New circuits will be provisioned for each location and vendor managed
equipment will be installed in parallel to the existing network devices,
• Coordination of site cutover to the new network will be based on an agreed upon
schedule,
• Provide OTech Engineering support during LAN cutover.
• Migrated sites will be decommissioned according to the City of Rohnert Park's
schedule, and
IV. Parties Responsibilities under this MOU
OTech
• Provide the City of Rohnert Park direction and supporting documentation for the
Service Request(s) necessary to provision the new managed services,
• Work with the City of Rohnert Park and the vendors to establish a migration plan
and implementation schedule that best suits the customer,
Page 1 of 2
• Coordinate all service installations and site cutover activity,
• Arrange for customer training on vendor supplied network tools, and
• Process all circuit disconnects for the old network connections.
• Ensure customer is aware of CGEN Device Access Policy.
City of Rohnert Park
• Prepare and submit the Service Request(s) necessary to provision the new
managed services, including the direction and supporting documentation from
OTech,
• Commit to an agreed upon schedule that adheres to the OTech managed service
migration project timeline,
• Allocate reliable contacts for each site that can provide the information required
by the vendor and facility access necessary for service provisioning, and
• Provide a dedicated engineering resource to work with OTech and vendors
during migration activities.
• Move customer LAN connection to new managed service router*
• Disconnect OTech supported router*
• Coordinate with OTech to implement CGEN Device Access Policy.
*OTech has a vendor resource under contract available, if needed at the customer's
expense.
V. Rates
• The current OTech published rates for CGEN services will apply,
• Vendor installation charges will apply for migrated circuits,
• OTech installation charges will be waived for this project, and
• There is a period of time when new circuits are brought up and the old circuits
are pending disconnect. During this overlap period the customer may incur the
cost of both circuits. OTech will work with the City of Rohnert Park and the
vendors to minimize this as much as possible.
VI. Period of Agreement
This Agreement shall become effective when signed by both parties, and may be
amended at any by mutual written agreement by both parties. This Agreement
terminates at the completion of the migration process, or when termination is mutually
agreed upon by the parties.
David Rowley 8/20/12
Information Systems Operations Manager
City of Rohnert Park
Page 2 of 2
%�2
Stdve Rushing Da ej
Deputy Director, STND
OTech
IAA Duration (9/1/12 thru 6/30/14)
Duration Monthly One-
(Months) Rate Sub Total Time Total
21 x $1894.07 = $39775.47 + $643.00 = $40418.47
RESOLUTION NO. 2012 -104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN AGREEMENT WITH THE STATE OF
CALIFORNIA, CALIFORNIA TECHNOLOGY AGENCY FOR PROVIDING
INTERNET SERVICE TO THE CITY'S DATA NETWORK
WHEREAS, Internet connectivity plays a key part to Rohnert Park ( "City ") employees
and their ability to deliver services to the citizens of the City;
WHEREAS, the City's current internet service provider, AT &T has informed the city
that it would be modifying and upgrading the current Internet Circuit that provides City
employees with Internet access;
WHEREAS, the Office of Technology Services, an office within the California
Technology Agency, has reached out to local governments in an attempt to provide a variety of
technology services such as co- location of equipment for Disaster Recovery and Server Hosting;
and
WHEREAS, the City would benefit from sharing services with the State of California,
California Technology Agency and sees them providing Internet Service as a first step in that
direction.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby resolve, determine, find and order that:
Section 1. Approval of Agreement. The City Council hereby authorizes and approves an
agreement by and between the State of California, California Technology Agency, Office of
Technology Agency, a state governmental agency, and the City of Rohnert Park, a municipal
corporation, for providing Internet services to the cities data network, in substantially similar
form to the agreement attached hereto as Exhibit "A" (hereinafter "Agreement "), subject to
minor modifications by the City Manager or City Attorney.
Section 2. Execution. The City Manager is hereby authorized and directed to take all actions to
effectuate this Agreement for and on behalf of the City of Rohnert Park, including execution, of
the Agreement.
Section 3. Environmental Review. The adoption of the Agreement is exempt from review under
California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines
because it can be seen with certainty that entering into an agreement for provision of internet
services will have no possibility of having a significant effect on the environment since no
physical activity is involved.
Section 4. Authorized Signatures. The Mayor, or presiding officer, is hereby authorized to affix
his signature to this Resolution signifying its adoption and the City Clerk, or her duly appointed
deputy, is directed to attest thereto.
Section 5. Constitutionality. If any action, subsection, sentence, clause or phrase of this
Resolution or the fees levied by this Resolution shall be held invalid or unconstitutional by a
court of competent jurisdiction, such invalidity shall not affect the validity of the remaining
portions of this Resolution or the fees levied by this Resolution that can be given effect without
the invalid provisions.
DULY AND REGULARLY ADOPTED this 11"' day of September 2012.
ATTEST:
City Clerk
CITY OF ROHNERT PARK
Mayor
AHANOTU: BELFORTE: CALLINAN: STAFFORD: MACKENZIE:
AYES: ( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( )
(2)
EXHIBIT A
STATE OF CALIFORNIA
CALIFORNIA TECHNOLOGY AGENCY
OFFICE OF TECHNOLOGY SERVICES
CUSTOMER AUTHORIZATION
OTECH 258 (REV. 01/11)
Department Name: City of Rohnert Park Department Prefix:
Information Security Officer (ISO) Name: David Rowley IMS Code:
Address: 6800 Hunter Drive, Rohnert Park Ca 94927 E -Mail Address: drowley@rpcity.org
Phone Number: (707) 584 -2684 CALNET Prefix: IOTA FAX: (707) 792 -1876
Alternate ISO (if any):
Address:
Phone Number:
RACF Coordinator Name:
Address:
Phone Number:
Alternate RACF Coordinator Name:
Address:
Phone Number:
UUNET Administrator Name:
Address:
Phone Number:
E -Mail Address:
CALNET Prefix: FAX:
E -Mail Address:
CALNET Prefix: FAX:
CALNET Prefix:
E -Mail Address:
FAX
IMS Code:
IMS Code:
IMS Code:
IMS Code:
E -Mail Address:
CALNET Prefix: FAX:
Name (Print): Gabriel A. Gonzalez Date: 8/20/12
Signature: Title: City Manager
E -Mail Address: ggonzalez(a,rpcity.org Phone Number: (707) 588 -2226 CALNET Prefix: N/A
For OTech Use Only:
STATE OF CALIFORNIA
STANDARD AGREEMENT STANDARD AGREEMENT
STD. 213 (NEW 0603)
FOR I.T. GOODS /SERVICES ONLY NON -STATE AGENCY
1. This Agreement is entered into between the Agency and the Contractor named below
AGENCY NAME
City of Rohnert Park (hereafter called Customer)
CONTRACTOR'S NAME
CALIFORNIA TECHNOLOGY AGENCY (hereafter called Contractor)
2. The term of this
Agreement is: 9/1/2012 Through 6/30/2014
3. The maximum amount $ 31418.47
of this Agreement is:
4. The parties agree to comply with the terms and conditions of the following attachments which are by this reference
made a part of the Agreement:
Exhibit A — General Information
Exhibit B - Budget Detail and Payment Provisions
Exhibit C — Customer Completion Form
IN WITNESS WHEREOF, this
has been executed
the parties hereto.
1 page
1 page
1 page
CALIFORNIA
CONTRACTOR Department of General Services
Use Only
CONTRACTOR'S NAME (If other than an individual, state whether a corporation, partnership, etc.)
CALIFORNIA TECHNOLOGY AGENCY
BY (Authorized Signature) DATE SIGNED
PRINTED NAME AND TITLE OF PERSON SIGNING
Jennifer Herrera, Procurement Manager, Administration Division
ADDRESS
P.O. Box 1810, Rancho Cordova, CA 95741 -1810
AGENCY
AGENCY NAME
City of Rohnert Park
BY (Authorized Signature) DATE SIGNED
PRINTED NAME AND TITLE OF PERSON SIGNING
Gabe Gonzales, City Manager
ADDRESS
6800 Hunter Drive
Rohnert Park Ca 94927
Agreements under $50,000 are
exempt from DGS approval per
SCM 4.04.5.A.
EXHIBIT A
PAGE 1 OF 1
GENERAL INFORMATION
This Agreement is entered into by and between City of Rohnert Park (hereinafter referred to as the "Customer ") and
the State of California (hereinafter referred to as the "California Technology Agency" or the "Agency, or Contractor ") for
the Customer to obtain information technology services, materials, or equipment. This Agreement shall represent the
cost of ongoing services provided to the Customer by the Agency along with the cost of projected new services to be
requested through the Service Request (SR) process. This Agreement shall be augmented through the Agency SR
process with any resulting mutually agreed upon contractual terms becoming a part of this Agreement, as if fully set
forth herein. This Agreement also provides for payment for these services pursuant to State Administration Manual
(SAM) section 8752 - 8752.1 and section 3.03 of the State Contracting Manual.
EXHIBIT B
PAGE 1 OF 1
BUDGET DETAIL AND PAYMENT PROVISIONS
1. GENERAL CUSTOMER OBLIGATIONS
A. Return completed Agreement Renewal Package to the California Technology Agency (Agency) no later than 60
calendar days prior to the expiration date. In the event a Customer does not return a completed Agreement
Renewal Package during the required time frame, the Agency will escalate the matter with the Customer. Any
costs incurred by the Agency on behalf of the Customer after the expiration date will be billed to the Customer with
full payment due within 30 calendar days.
B. Customers must provide 45 calendar days cancellation notice for specific services to be terminated. Lead -time for
cancellation of services is vendor- dependent and may require additional lead -time for processing termination
documents. Notification to terminate services must be submitted to the Agency via a Service Request form
(Agency 098), which is available on the Agency's web site at:
http: / /www.dts.ca.gov /custguide /OCIO Customer Guide htm. The targeted completion date noted on the Service
Request must allow time for the lead -time required to cancel services. Due to the daily accumulation of system
utilization and cost activity within the billing system, retroactive termination of services will not be considered. For
additional information regarding lead -times for canceling services, please contact your Customer Representative.
C. Customers are required to submit payments for services billed at the specified rates. Payment must be received
within 90 calendar days of receipt of invoice. After 90 calendar days, the Agency will escalate payment issues with
the Customer. Use of services and goods provided by the Agency to the Customer constitutes an obligation,
which must be paid.
D. In the event the Customer utilizes, requires, accepts or requests services that exceed the amount authorized by
this Agreement, the Customer is responsible for all charges incurred and agrees that either party may amend this
Agreement, in writing, to provide payment to the Agency to the extent services have been provided. Such
payment for services incurred beyond the amount authorized by this Agreement shall be made payable on or
before the agreement expiration date. If, after the conclusion of the subject agreement period, it is determined
that monies above and beyond that which was authorized by this Agreement are owed to the Agency for services
received by the Customer, either party may amend the Agreement, in writing, with the Customer agreeing to pay
the outstanding amount in full, no later than 60 calendar days from discovery of the outstanding payment due.
2. INVOICING
A. Upon receipt of appropriate invoices for services rendered in accordance with this Agreement, the Customer
agrees to compensate the Agency for services billed in accordance with the rates specified herein.
B. Invoices shall include the Agency Agreement Number, and shall be submitted in duplicate not more frequently
than monthly in arrears to the billing address identified in Exhibit C.
3. PAYMENT TERMS
A. Costs for this Agreement shall be computed in accordance with SAM sections 8752 and 8752.1.
B. The cost of performance is based upon the Agency's Billing Rate Schedule. The rates are subject to change upon
30 calendar days' prior written notice from the Agency. These rates may be viewed on the Agency's web site at:
http://www.dts.ca.gov/customers/rates.asp?key=23
C. Customer agrees to pay Agency monthly upon receipt of invoice. Agency will issue monthly invoice in arrears to
the Customer.
4. CUSTOMER RESPONSIBILITY
It will be the responsibility of the Customer to notify the Agency in writing within five (5) State business days after
receipt/installation of goods from a vendor or other State agency (i.e., equipment, telecommunications lines, and
software products). Such notification shall be sent to:
California Technology Agency Warehouse Receiving at: warehousereceiving @state.ca.gov
EXHIBIT C
PAGE 1 OF 1
CUSTOMER COMPLETION FORM
CALIFORNIA TECHNOLOGY AGENCY:
CONTRACT ADMINISTRATOR`
CUSTOMER REPRESENTATIVE:
AGENCY PROCESSING ANALYST
CUSTOMER RELATIONS BRANCH
ADMINISTRATION DIVISION Y -18
ADDRESS: P.O. Box 1489
P.O. BOX 1810
P.O. BOX 1810
RANCHO CORDOVA, CA 95741 -1810
RANCHO CORDOVA, CA 95741 -1810
PHONE: (916) 431 -4699
PHONE: (916) 431 -5454
FAX (916) 733 -7510
FAX (916) 454 -7273
EMAIL: iaaprocessinganalyst@state.ca.gov
TECHNICAL CONTACT:
CUSTOMER:
CONTRACT ANALYST:
BILLING CONTACT:
Angie Smith
Angie Smith
ADDRESS: P.O. Box 1489
ADDRESS: P.O. Box 1489
Rohnert Park, CA 94927 -1489
Rohnert Park, CA 94927 -1489
PHONE: 707 -585 -6740
PHONE: 707 -585 -6740
FAX 707 - 794 -9248
FAX : 707 - 794 -9248
EMAIL: asmith@rpeity.org rpcity.org
EMAIL : asmith @rpcity.org
CONTRACT' ADMINISTRATOR
TECHNICAL CONTACT:
David Rowley
David Rowley
ADDRESS: 6800 Hunter Drive
ADDRESS: 6800 Hunter Drive
Rohnert Park Ca 94927
Rohnert Park Ca 94927
PHONE: (707) 584 -2684
PHONE: (707) 584 -2684
FAX:
FAX:
EMAIL: drowle r cit .or
EMAIL : drowle r cit .or
PAYMENT TERMS
The Customer agrees to pay California Technology Agency (Agency) monthly in arrears upon receipt of Agency.
OPERATIONAL RECOVERY INQUIRY
The Agency offers Operational Recovery Hot Site Services. Quotations for this service will be provided by the Agency's
Operational Recovery Coordinator and are based on agency individual requirements.
A. Does your agency plan to use this service during the term of this Agreement? Yes No X
B. If yes, are funds included in this Agreement for these services? Yes No
C. If no, when will the Agreement be amended to add funds for these services? Date
In order to provide for the emergency restoration of the Customer's systems in the event of a disaster, the Customer
must separately subscribe to the Operational Recovery Services offered by the Agency. If the Customer has not
subscribed to these Operational Recovery Services, the Customer's operations may not be restored for a significant
length of time and the Agency will not be responsible for the proper operation of the Customer's systems in the event
of a disaster.
ORR
Meeting Date:
Department:
Submitted By:
Prepared By:
Agenda Title:
Mission Statement
ITEM NO. 8
"We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow."
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
September 11, 2012
Development Services
Eydie Tacata, Management Analyst
Eydie Tacata, Management Analyst
Public Hearing for Adoption of Amends to Building Plan Check and
Inspection Fee Schedule and Planning Fee Schedule
RECOMMENDED ACTION:
Consider cost of services study for new fees and adopt Resolution No. 2012 -105 amending
Building Plan Check and Inspection Fee Schedule and Planning Fee Schedule.
BACKGROUND:
The planning fee schedule was adopted by the City Council on July 27, 2010 and was effective
on September 25, 2010. The building plan check and inspection fee schedule was adopted by the
City Council on March 22, 2011 and was effective on June 1, 2011. Since the fee schedule
implementation, staff have noted corrections needed in the fee schedules, as well as services
provided to project applicants for which there are no fees. At the July 10, 2012 meeting, the
Council reviewed a memorandum describing proposed amendments to the Building Plan Check
and Inspection Fee Schedule and Planning Fee Schedule. The Council directed staff to finalize a
cost of services study (Attachment A) for proposed new fees and to meet with The Construction
Coalition (TCC) for their input on the proposed fee schedule amendments.
Staff presented the proposed fee schedule amendments to TCC at their Board of Directors
meeting on August 14, 2012. There were no objections to the proposed amendments, and TCC
assigned a subcommittee of interested members to work with the City on fees and related issues.
A public hearing notice (Attachment B) was posted and published as required by State law.
ANALYSIS:
The Rohnert Park Municipal Code, Chapter 3.32, Cost Recovery — Fee and Service Charge
System, provides for the "establishment of a fee system to recover costs of the City in providing
certain services, products and regulatory activities" and the authority for the Council "to establish
such fees by resolution to support the cost of providing the service or services." While the
Municipal Code intends for the City to recover costs for services to permit applicants, the level
to be recovered in fees is for the Council's policy determination. It is generally agreed that
building and planning services are "personal choice" and should be funded by the specific group
or individual receiving direct benefit from the service, however, there may be services that the
ITEM NO. 8
Council would consider subsidizing because of community benefits (e.g. quality of life, social, or
safety) beyond the normal level of public services provision. Generally these services:
• Encourage desired behaviors or projects, or project characteristics that benefit the
community, such as provision of affordable housing or diverse housing types, facilitation
of smart growth or green building, or mitigation of hazards;
• Enable participation of individuals or groups that typically cannot afford services;
• Affect demand for particular services, such as encouraging businesses or development.
2 of the 10 proposed new building fees provide opportunity for cost recovery adjustments that
account for benefits to the community gained from permitting services. There are identified in
the next section.
PROPOSED BUILDING FEE SCHEDULE AMENDMENTS
1. Proposed New Building Permits
Plan check, permit and inspection services without cost recovery fees in the current building fee
schedule were studied for their actual costs as shown in Attachment A. These are also
summarized in Table I below, along with a recommendation for cost recovery percentage:
Table 1. Cost of Services of Building Plan Check & Inspection Services Not on Current Fee Schedule
Setting the fees at 100% cost recovery is recommended for all but two fees, Fireplace
Repair /Demolition — Plan Check and Fireplace Repair /Demolition — Inspection. Staff
2
Resulting fee at
Recommended
Cost of
recommended
Services
cost recovery
service
cost recovery
percentage
percentage
Fireplace repair /demolition — Plan Check
$390.25
50%
$195.00
Fireplace repair /demolition — Inspection
$365.75
50%
$183.00
Garage conversion (residential) up to 400 SF -
$350.00
100%
$350.00
Plan Check & Inspection
Insulation (Permit /Inspection)
$129.50
100%
$129.50
Repairs, non - residential, non - structural — Plan Check
$350.00
100%
$350.00
Repairs, non - residential, non - structural —Inspection
$365.75
100%
$365.75
Electrical subpanel — Residential & multi - family
$84.00
100%
$84.00
dwelling subpanel <_ 100amps (Permit /Inspection)
Electrical subpanel — Residential & multi - family
dwelling subpanel > 100amps (Permit /Inspection)
$110.25
100%
$110.25
Electrical subpanel — Non - residential subpanel <_
100amps (Permit /Inspection)
$84.00
100%
$84.00
Electrical subpanel — Non - residential subpanel >
100amps (Permit /Inspection)
$110.25
100%
$110.25
Setting the fees at 100% cost recovery is recommended for all but two fees, Fireplace
Repair /Demolition — Plan Check and Fireplace Repair /Demolition — Inspection. Staff
2
ITEM NO. 8
recommends cost recovery for these permits to be reduced to 50 %. Repairing and /or
demolishing fireplaces benefits the community at large by addressing sources of air pollution.
For this reason, the cost for providing plan check and inspection of these projects can justifiably
be less than the actual cost incurred by the City. It should be noted that the General Fund would
cover the remainder of the City's actual costs.
2. Corrections to Building Fee Schedule — New Construction Section
At their January 25, 2011 meeting, the City Council directed staff to lower the cost recovery for
F (Factory) and H (Hazard) Occupancy Tenant Improvements and M (Mercantile) Occupancy
Tenant Improvements as shown in Table 2 below:
Table 2. Cost Recovery Percentages
Exhibit A of the Resolution (pages 17 -I8) shows the corrected Tenant Improvement fee tables of
the New Construction section of the building fee schedule to reflect the City Council's intention
to lower the cost recovery for these smaller projects.
3. Corrections to Building Fee Schedule — Text Clarifications
Additional recommended text changes proposed for the building fee schedule are included in
Exhibit A of the Resolution (pages 5, 7, I1 -14, 16). These are clarifications and do not impose
new or changed fees for the specific services. Two services in the Miscellaneous Permits section
of the building fee schedule, Permission to Proceed and Re-Roof— Multi - Family Dwelling - Plan
Check are proposed to be deleted because they are services that are either not performed or are
included in another service already listed.
PROPOSED PLANNING FEE SCHEDULE AMENDMENTS
1. Public Noticing
After the updated Planning Fee Schedule was implemented in late 2010, staff found that some of
the fees as described with respect to public noticing requirements were not in line with the
Zoning Code. Some fees required the applicant to pay "actual costs of publishing/noticing" for
permits that required no such noticing, or vice versa, where public noticing was required as part
of the permit processing, but the fee schedule did not state that the applicants could be billed for
the costs. The necessary corrections are shown in Table 3 and are included in Exhibit A of the
Resolution (pages 20 -22).
3
Adopted cost
Intended cost
Services
Project sizes
recovery
recovery
percentage
percentage
F (Factory) and H (Hazard) Tenant
Improvements - Plan Check & Inspection
Up to 1000 sq. ft.
100%
50%
F (Factory) and H (Hazard) Tenant
Between 1000 sq. ft. and
Improvements- Plan Check & Inspection
5,000 sq. ft.
100%
75%
M (Mercantile) Tenant Improvements -
Up to 2000 sq. ft.
100%
50%
Plan Check & Inspection
Exhibit A of the Resolution (pages 17 -I8) shows the corrected Tenant Improvement fee tables of
the New Construction section of the building fee schedule to reflect the City Council's intention
to lower the cost recovery for these smaller projects.
3. Corrections to Building Fee Schedule — Text Clarifications
Additional recommended text changes proposed for the building fee schedule are included in
Exhibit A of the Resolution (pages 5, 7, I1 -14, 16). These are clarifications and do not impose
new or changed fees for the specific services. Two services in the Miscellaneous Permits section
of the building fee schedule, Permission to Proceed and Re-Roof— Multi - Family Dwelling - Plan
Check are proposed to be deleted because they are services that are either not performed or are
included in another service already listed.
PROPOSED PLANNING FEE SCHEDULE AMENDMENTS
1. Public Noticing
After the updated Planning Fee Schedule was implemented in late 2010, staff found that some of
the fees as described with respect to public noticing requirements were not in line with the
Zoning Code. Some fees required the applicant to pay "actual costs of publishing/noticing" for
permits that required no such noticing, or vice versa, where public noticing was required as part
of the permit processing, but the fee schedule did not state that the applicants could be billed for
the costs. The necessary corrections are shown in Table 3 and are included in Exhibit A of the
Resolution (pages 20 -22).
3
ITEM NO. 8
Table 3. Planning Fee Schedule Proposed Corrections
Fee #
Service
As described in
Proposed Correction
Services
service
Current Fee Schedule
cost recovery percentage
Filing and Notice of Categorical
"and the actual cost of
12
Exemption
publishing/ noticing
Remove
Approval for Tree Removal /Tree
"and the actual cost of
Actual cost of time and materials
23
Notice of Determination
publishing / noticing
Remove
"plus the actual cost of
of $512.25
17
Home Occupation Permit
publishing /noticing
Remove
26
Sign Program Review - New /Revised
"plus the actual cost of
Remove
publishing /noticing
47
Time Extension to Approved — Minor
(No cost recovery of
Add: "plus the actual cost of
publishing costs shown)
publishing /noticing"
48
Time Extension to Approved — Major
(No cost recovery of
Add: "plus the actual cost of
publishing costs shown)
publishing /noticing"
2. Planning Review of Building Permits
Planning staff provides plan review services for building projects for zoning code compliance,
such as setbacks, fencing, landscaping, parking spaces, lighting signage, lot coverage, and
standards consistency. Staff also reviews plans submitted with building permits for compliance
with Planning Commission approvals. Currently, there is no cost recovery for these services.
As the complexity of review for planning and zoning compliance varies greatly between projects,
the fee is proposed to be hourly, to be collected at building permit issuance. Exhibit A to the
Resolution (page 23) shows the recommended fee schedule amendment for cost recovery.
3. Tree Permit Clearance, Tree Removal Permit
Rohnert Park Municipal Code, Chapter 17.1 S, Tree Preservation and Protection requires a "tree
removal permit" for certain tree removal activities. Tree removal on single - family homes lots
and tree removal projects that are part of a larger site plan review are exempt. However, some
proposed tree removal activities require planning and arborist services to determine whether
exemptions apply, for example, diseased or damaged trees, significant tree pruning approaching
one -third removal of canopy, or trees growing in locations that may interfere with structures.
Currently, staff provide field and permit or clearance determinations without cost recovery.
Attachment A shows the cost of these services, and Table 4 summarizes these costs and shows
recommended cost recovery percentage and fees. Exhibit A to the Resolution (page 23) reflects
the recommended amendments to the Planning Fee Schedule for cost recovery of these services.
Table 4. Planning Fee Schedule —Tree Permit Clearance / Tree Removal Permit
0
Cost of
Recommended cost
Resulting fee at recommended
Services
service
recovery
cost recovery percentage
percentage
Tree Permit Clearance / Exemption
$201.75
100%
$201.75
Approval for Tree Removal /Tree
Actual cost of time and materials
Removal Permit
$512.25
100%
charged against an initial deposit
of $512.25
0
ITEM NO. 8
Staff recommends that the Council consider the cost of services study and proposed amendments
to the Building Plan Check and Inspection and Planning Fee Schedule, which include
administrative corrections, proposed new fees, and cost recovery adjustments intended in the
original fee schedule update, and staff further recommends adopting attached Resolution and
Exhibit A to Resolution to implement updated fee schedules. If the resolution is adopted and
proposed fee amendments are approved, the adjustments will be effective December 1, 2012.
OPTIONS CONSIDERED:
(1) No amendments to fee schedules. This option is not recommended as the Municipal Code
intends for costs of services to be reasonably recovered, and without these fee schedule
amendments some services would continue to have no costs recovered. It should be noted
that the Council does have the option to decide to recover 0% of costs of certain services if
the Council determines that the costs of such service is justifiably borne by the City (i.e.
taxpayers) and not the applicant.
(2) Amendments only for text edits that do not impose new fees: This option is not
recommended for reasons stated above, that some services would have no cost recovery,
which is not the full intention of the Municipal Code, except for those services intentionally
set at 0% cost recovery by the Council.
FISCAL IMPACT:
An estimate of revenues that would come from the proposed new building permits is somewhat
difficult to determine, given that the proposed new permits do not "line up" with existing
permits. Historical data such as the number of these permits issued over the past years is hard to
collect from the tracking system as the permits would have been categorized as "other" or given
another description and could not be identified as the same services as those in this fee update.
Nonetheless, since permit fees were collected for these permits in the past — albeit the fees were
determined on a case -by -case basis on actual work or on costs of similar permits — it would be
reasonable to assume that there would be no net increase in revenues from the new building
permits. The new permits fees simply make the cost recovery for these services more consistent.
For those services that were provided without cost recovery (i.e. tree permits, planning review of
building permits), it is estimated that fee revenues would increase by about $7,900 a year, with
average activity of 10 tree permit clearances and 50 hours of planning review of building permits
yearly.
These fees are not a tax subject to the voting requirements of Proposition 26 because they are
imposed for the reasonable regulatory costs to the City for issuing licenses and permits,
performing investigations, inspections, and audits, and enforcing applicable provisions of the
Rohnert Park Municipal Code. The Cost of Service Study attached as Attachment A
demonstrates that the fees represent reasonable regulatory costs.
ENVIRONMENTAL IMPACT:
Because the adoption of this Resolution merely amends an existing fee schedule to recover the
city's actual costs incurred, staff has determined that the adoption of Resolution is exempt from
5
ITEM NO. 8
the California Environmental Quality Act as this action is not considered a "project" as defined
in California Code of Regulations, Title 14, Chapter 3, Article 20 Section 15378(b)(4), which
excludes government funding mechanisms.
Department Head Approval Date: 9/512
City Manager Approval Date: 9/5/12
City Attorney Approval Date: 8/29/12
Attachments (list in packet assembly order):
1. Attachment A: Cost of Services Study
2. Attachment B: Public Hearing Notice
3. Resolution
4. Exhibit A to Resolution
on
COST OF SERVICES STUDY
Building Plan Check and Inspection Fee Schedule Update - September 2012
MISCELLANEOUS PERMITS
Notes:
(a) Fully- burdened hourly rate is based on City of Rohnert Park hourly wage rates at Step E
and overhead rates developed in Cost of Services Study, May 2012, Revenue & Cost Specialists
(b) See Permit Processing Services Descriptions (page 3) for explanation of services provided in each permit task.
Page 1 Last revised 8/28/2012
Community Development
Deputy Chief Building
Assistant (Building)
Official
Fully burdened hourly rates (a)
$77
$1051
Avg. time
Fireplace Repair /Demolition - Plan Check
Avg. time spent .
on task (hrs.) Cost of service
spent on task
(hrs.)
Cost of service
TOTAL COST
OF SERVICE
1 Intake, Processing and Routing (b)
1.25 $96.25
0
$0.00
$96.25
2 Permit Prep and Issuance (b)
0.75: $57.75
0
$0.00
$57.75
3 Plan Review (b)
0 $0.00
2.25
$236.25
$236.25
TOTAL
2.00' $154.00
2.25
$236.25
$390.25
Fireplace Repair /Demolition - Inspection
1 Inspection admin (b)
0.5 $38.50
0
$0.00
$38.50
2 Digital file prep (b)
0.5 $38.50
0
$0.00
$38.50
3 Field Inspection (b)
0' $0.00
2.75
$288.75
$288.75
TOTAL
1.00 $77.00
2.75
$288.75
$365.75
Garage Conversion (residential) - Plan Check & Inspection
1 Intake, Processing and Routing
0.75 $57.75
0
$0.00
$57.75
2 Permit Prep and Issuance
0.75' $57.75
0
$0.00
$57.75
3 Plan Review
0 $0.00
0.5
$52.50
$52.50
4 Inspection admin
0.51 $38.50
0
$0.00
$38.50
5 Digital file prep
0.5' $38.50
0
$0.00
$38.50
6 Field Inspection
0' $0.00
1
$105.001
$105.00
TOTAL
2.50:
1.50
$157.50
$350.00
Insulation - Plan Check & Inspection
1 Intake, Processing and Routing
0:' $0.00
0
$0.00
$0.00
2 Permit Prep and Issuance
0.51 $38.50
0
$0.00
$38.50
3 Plan Review
0', $0.00
0
$0.00
$0.00
4 Inspection admin
0.5 $38.50
0
$0.00
$38.50
5 Digital file prep
0 $0.00
0
$0.00
$0.00
6 Field Inspection
0' $0.00
0.5
$52.501
$52.50
TOTAL
1.00' $77.00
0.50
$52.50
$129.50
Repairs, non - residential, non - structural - Plan Check
1 Intake, Processing and Routing
1.25: $96.25
0
$0.00
$96.25
2 Permit Prep and Issuance
1.25
0
$0.00
$96.25
3 Plan Review
0:
1.5
$157.501
$157.50
TOTAL
2.50 $192.50
1.50
$157.50
$350.00
Repairs, non - residential, non - structural - Inspection
1 Inspection admin
0.5' $38.50
0
$0.00
$38.50
2 Digital file prep
0.5; $38.50
0
$0.00
$38.50
3 Field Inspection
0! $0.00
2.75
$288.75
$288.75
TOTAL
1.00; $77.00
2.75
$288.75
$365.75
Notes:
(a) Fully- burdened hourly rate is based on City of Rohnert Park hourly wage rates at Step E
and overhead rates developed in Cost of Services Study, May 2012, Revenue & Cost Specialists
(b) See Permit Processing Services Descriptions (page 3) for explanation of services provided in each permit task.
Page 1 Last revised 8/28/2012
COST OF SERVICES STUDY
Building Plan Check and Inspection Fee Schedule Update - September 2012
ELECTRICAL PERMITS
Notes:
(a) Fully- burdened hourly rate is based on City of Rohnert Park hourly wage rates at Step E
and overhead rates developed in Cost of Services Study, May 2012, Revenue & Cost Specialists
(b) See Permit Processing Services Descriptions (page 3) for explanation of services provided in each permit task.
Page 2 Last revised 8/28/2012
Community Development
Deputy Chief Building
Assistant (Building)
Official
Fully burdened hourly rates (a)
$77,
$105
Electrical Subpanel (Residential and Multi- Family Dwelling)
Avg. time spent,
Avg. time
spent on task
Subpanel 5100 amps - Permit & Inspection
on task (hrs.) '', Cost of service
(hrs.)
Cost of service
TOTAL COST
OF SERVICE
1 Permit Prep and Issuance
0.5j $38.50
0
$0.00
$38.50
2 Inspection admin
0.251 $19.25
0
$0.00
$19.25
3 Field Inspection
01 $0.00
0.25
$26.25
$26.25
TOTAL
0.75: $57.75
0.25
$26.25
$84.00
Electrical Subpanel (Residential and Multi - Family Dwelling)
Subpanel > 100 amps - Permit & Inspection
1 Permit Prep and Issuance
0.5! $38.50
0
$0.00
$38.50
2 Inspection admin
0.251 $19.25
0
$0.00
$19.25
3 Field Inspection
01, $0.00
0.5
$52.50
$52.50
TOTAL
0.75 $57.75
0.50
$52.50
$110.25
Electrical Subpanel (Non - Residential) Subpanel <_ 100 amps -
Permit & Inspection
1 Permit Prep and Issuance
0.5 $38.50
0
$0.00
$38.50
2 Inspection admin
0.25; $19.25
0
$0.00
$19.25
3 Field Inspection
Oi $0.00
0.25
$26.25
$26.25
TOTAL
0.751 $57.75
0.25
$26.25
$84.00
Electrical Subpanel (Non - Residential) Subpanel > 100 amps -
Permit & Inspection
1 Permit Prep and Issuance
0.5 $38.50
0
$0.00
$38.50
2 Inspection admin
0.25! $19.25
0
$0.00
$19.25
3 Field Inspection
0,' $0.00
0.5
$52.50
$52.50
TOTAL
0.75; $57.75
0.50
$52.50
$110.25
Notes:
(a) Fully- burdened hourly rate is based on City of Rohnert Park hourly wage rates at Step E
and overhead rates developed in Cost of Services Study, May 2012, Revenue & Cost Specialists
(b) See Permit Processing Services Descriptions (page 3) for explanation of services provided in each permit task.
Page 2 Last revised 8/28/2012
ATTACHMENT
COST OF SERVICES STUDY
Building Plan Check and Inspection Fee Schedule Update - September 2012
PERMIT PROCESSING SERVICE DESCRIPTIONS
Intake, Processing and Routing:
Assisting customer at counter or on phone explaining the permit process, requirements and documents needed to apply for permit;
intake of submitted application and documents, including checking for completeness; processing deposit or fee payment transmittal
for Finance; logging and entering permit information into permit tracking system; creation of permit file; coping documents for plan
checkers; plan routing, re- routing and other coordination with plan checkers; providing status updates to customer.
Permit Prep and Issuance:
Receiving approved set of plans and documents from plan check; checking for completeness of package from plan checkers;
determining documents to remain in permit folder for archiving; calculating final fees; preparing notes to inspector from plan
checkers; processing approved drawings, documents, special inspection form, for Building Official approval; contacts applicant;
transmitting permit and plans to applicant /contractor.
Plan Review:
Reviewing project for code compliance, including structural, plumbing, mechanical, electrical, grading /site work /setbacks, disabled
access, energy, life, safety (exiting) and any additional activities as necessary. Includes communication with applicant for
clarifications. Data entry as required into permitting system and paper files to document findings and permit status.
Inspection Admin:
Scheduling of inspections; pulling and re- filing folders for inspectors; re- scheduling inspections; answering inquiries about
inspections; entering and updating inspection status into permitting system. Also includes administrative time for "over -the-
counter" permits that can be issued by the Community Development Assistant (e.g. typically those not needing plan check, or that
can be efficiently plan- checked by CDA at counter).
Digital file prep:
Preparing permit documentation, including permit, project files, and plans for digital archiving and retrieval. Reviewing all
documentation, determining what is to be archived; making redactions if appropriate;. preparing digital filing system to receive
permit records; bundling and barcoding; sending to digital scanning service; receiving data from scanning service; uploading to
digital filing system.
Field Inspection:
Conducting inspection of project for compliance with applicable codes, approved drawings, corrections issued, etc.. Includes
additional time for phone conversations and meetings between inspector, contractor and /or applicant for problem resolution.
Page 3
iVI��T �
COST OF SERVICES STUDY ATT��H
Planning Fee Schedule Update - September 2012
TREE PERMIT CLEARANCE /EXEMPTION
APPROVAL FOR TREE REMOVAL / TREE REMOVAL PERMIT
Notes:
(a) Fully- burdened hourly rate is based on City of Rohnert Park hourly salary /wage rates at Step E, and overhead rates developed in
Cost of Services Study, May 2010 by Revenue and Cost Specialists.
(b) Descriptions of services are provided on Page S.
(c) Time spent on these services will vary with size and complexity of project. For this reason, the times given are estimated minimums
for projects that are determined to not be exempt and require a tree removal /replacement plan.
(d) Suggested minimum deposit. Time- and - materials to be charged on actual work performed over minimum.
Last revised 8/28/12
Page 4
Community Development
Assistant (Planning)
Arborist
Fully burdened hourly rates (a)
$87;
$93
Avg. time
Tree Permit Clearance/ Exemption (b)
Avg. time spent
on task (hrs.) Cost of service
spent on task
(hrs.)
Cost of service
TOTAL COST
OF SERVICE
1 Permit intake
0.251 $21.75
0
$0.00
$21.75
2 Review application
0.25 "' $21.75
0
$0.00
$21.75
3 Coordinate staff and applicant for field visit
0.25' $21.75
0.25
$23.25
$45.00
4 Field work /meeting with applicant
0, $0.00
0.5
$46.50
$46.50
5 Research / Issue findings / Sign off on clearance
0.25, $21.75
0.25
$23.25
$45.00
6 Issue clearance /admin /file
0.251 $21.75
0
$0.00
$21.75
TOTAL
1.251 $108.75
1.00
$93.00
$201.75
Approval For Tree Removal / Tree Removal Permit) (b)
1 Permit intake
0.25! $21.75
0
$0.00
$21.75
2 Review application
0.251 $21.75
0
$0.00
$21.75
3 Coordinate staff and applicant for field visit
0.251 $21.75
0.25
$23.25
$45.00
4 Field work / meeting with applicant
Oi $0.00
0.5
$46.50 (c)
$46.50
5 Research /Issue findings
1 $87.00 (c)
0.25
$23.25 (c)
$110.25
6 Process permit / Take deposit / Create file
1 $87.00 (c)
0
$0.00 (c)
$87.00
7 Tree removal & replacement monitoring/ Follow -up
1 $87.00 (c) I
1
$93.00 (c) 1
$180.00
TOTALI
3.751 $326.25
2.00
$186.00 1
$512.25 (d)
Notes:
(a) Fully- burdened hourly rate is based on City of Rohnert Park hourly salary /wage rates at Step E, and overhead rates developed in
Cost of Services Study, May 2010 by Revenue and Cost Specialists.
(b) Descriptions of services are provided on Page S.
(c) Time spent on these services will vary with size and complexity of project. For this reason, the times given are estimated minimums
for projects that are determined to not be exempt and require a tree removal /replacement plan.
(d) Suggested minimum deposit. Time- and - materials to be charged on actual work performed over minimum.
Last revised 8/28/12
Page 4
M
COST OF SERVICES STUDY
Planning Fee Schedule Update - September 2012
PERMIT PROCESSING SERVICE DESCRIPTIONS
Tree Permit Clearance / Exemption
This service is provided when an applicant comes to the City to propose the removal of trees. The applicant fills out the
"Approval of Tree Removal" form or equivalent form. City staff discusses the project with the applicant, reviews the
application, other supporting documents (plans, sketches) and determines whether the proposed tree removal is exempt
from the requirements of Section 17.15.040 (Tree Preservation and Protection). If so, the form will be processed to reflect
the exemption.
The following tasks are typically involved in determining an exemption from Section 17.15.040 requirements:
1. Permit intake - Receiving application at counter, discussing proposal with applicant
2. Review application - Reviewing application and other materials from applicant (sketches, aerials, etc.), reviewing Code
3. Coordinate staff /applicant for field visit - Calling arborist and applicant to arrange for meeting or site visit if necessary
4. Field work / meeting w/ applicant - Field work to look at trees proposed for removal, discuss project with applicant at
site or meeting to look at photos, etc.
5. Arborist research / Issue findings / Sign off on clearance - Arborist research if necessary to further determine
health /safety status of trees, etc. Arborist notifies Planning of sign -off that trees are exempt and can be removed.
6. Issue clearance /admin /file - Planning signs off on exemption, notifies applicant of clearance of proposed tree project
per exemption. Administrative work to process internally (file, fee collection).
Approval of Tree Removal /Tree Removal Permit
This service is provided when an applicant comes to the City to propose the removal of trees.
The applicant fills out the "Approval of Tree Removal" form or equivalent form. City staff discusses the project with the
applicant, reviews the application, other supporting documents (plans, sketches) and determines whether the proposed tree
removal is exempt from the requirements of Section 17.15.040 (Tree Preservation and Protection). If the proposed tree
removal is not exempt from Section 17.15.040 requirements, then City and applicant will work together to determine how to
meet the code requirements.
The amount of services provided to the applicant will vary, depending on the size and complexity of the proposed tree
removal /replacement project. Because of this, a deposit and time - and - materials cost recovery is suggested.
The following tasks are typically involved in working with applicants on tree removal projects that must meet Section
17.15.040 requirements:
1. Permit intake - Receiving application at counter, discussing proposal with applicant
2. Review application - Reviewing application and other materials from applicant (sketches, aerials, etc.), reviewing Code
3. Coordinate staff/applicant for field visit - Calling arborist and applicant to arrange for meeting or site visit
4. Field work / meeting w/ applicant - Field work to look at trees proposed for removal, discuss project with applicant at
site or meeting to look at photos, etc.
S. Arborist research / Issue findings - Arborist research if necessary to further determine health /safety status of trees,
etc. Discusses with Planning staff proposed tree project, recommendations, mitigations if needed.
6. Process permit / Take deposit / Create file - Planning notifies applicant that plan for tree removal /replacement is
needed, or in -lieu fee can be paid
7. Tree removal & replacement monitoring / Follow -up - Follow -up by planning or arborist to ensure compliance with
approved tree removal /replacement plans.
Page 5
ATTt�I IMf7NT B
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Rohnert Park will be holding a PUBLIC HEARING.
WHERE: Rohnert Park City Hall — Council Chamber
130 Avram Avenue
Rohnert Park, California
WHEN: Tuesday, September 11, 2012 not before 6:00 p.m. or as soon thereafter as the matter is
reached on the agenda.
PURPOSE: To receive public comment on a proposal for the City Council to adopt a resolution regarding
new and modified fees and service charges for building and planning permits and services from
the City of Rohnert Park Development Services Department. This proposal recommends fee
increases for certain building and planning permits and services in order to recover the costs
of providing the service and demonstrates why the proposed fees do not exceed the estimated
reasonable cost of providing the facilities for which the fees are imposed.
All interested persons are invited to attend the hearing and be heard or submit written comments prior to the close
of the hearing.
The data indicating the amount of cost, or estimated cost, required to provide the service for which the fee or
service charges are to be levied will be available for review on August 31, 2012, at the Rohnert Park - Cotati
Regional Library, 6250 Lynne Conde Way and in the City Clerk's Office and the Development Services Department
at 130 Avram Avenue, Rohnert Park, California.The data will also be posted on the city's website at www.rpbity.org
under Public Notices.
Questions should be directed to the following departments:
Darrin Jenkins, Development Services Department (707) 588 -2243
Eydie Tacata, Development Services Department (707) 588 -2205
NOTE: If you challenge the nature of the proposed action in court, you may be limited to raising only those issues
you or someone else raised at the public hearing described in this notice, or in written correspondence delivered
to the City of Rohnert Park at, or prior to, the public hearing.
Dated: August 27, 2012
Published: August 31 and September 7, 2012
The Community Voice
JoAnne Buergler, City Clerk
RESOLUTION NO. 2012- 105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING BUILDING PLAN CHECK AND INSPECTION FEE SCHEDULE AND
PLANNING FEE SCHEDULE
WHEREAS, the City Council of the City of Rohnert Park adopted Resolution No. 2011-
26 on March 22, 2011 approving an updated Building Plan Check and Inspection Fee Schedule;
WHEREAS, the City Council of the City of Rohnert Park adopted Resolution No. 2010-
81 on July 27, 2010 approving an updated Planning Fee Schedule;
WHEREAS, Rohnert Park Municipal Code Chapter 3.32, "Cost- Recovery - Fee and
Service Charge System," provides for the "establishment of a fee system to recover costs of the
City in providing certain services, products and regulatory activities," including a regular review
of fees to assure that they "continue to recover the reasonable and proportional share of costs
from applicants requesting services," and providing authority for the Council "to establish such
fees by resolution to support the cost of providing the service or services" requested by
applicants;
WHEREAS, both fee schedules need to be updated for reasonable cost recovery,
including new fees for services that are performed for which no fees are currently on the fee
schedules, corrections to reflect cost recovery adjustments intended by the Council, and other
minor text changes to clarify fee schedule implementation;
WHEREAS, a cost of services study for new proposed fees was prepared;
WHEREAS, based on the findings of the cost of services study, new and modified fees
are recommended to achieve reasonable cost recovery;
WHEREAS, the cost of services study provides the necessary data to substantiate that
the proposed fees will not exceed the estimated reasonable cost of providing the services for
which the fees are to be levied;
WHEREAS, the new and amended fees are not a tax subject to the supermajority voting
provisions of Article XIII of the California Constitution as amended by Proposition 26, but are
an exception under Section 1(e)(3) of Article XIII C of the California Constitution as amended
by Proposition 26, to wit:
(e) As used in this article, "tax" means any levy, charge, or exaction of any kind imposed
by a local government, except the following:...
(3) A charge imposed for the reasonable regulatory costs to a local government
for issuing licenses and permits, performing investigations, inspections, and
audits, enforcing agricultural marketing orders, and the administrative
enforcement and adjudication thereof.
WHEREAS, none of the fees outlined in the amended fee schedules are Development
Impact Fees (fees imposed as a condition of approval of development) subject to state law
requirements pertaining to those fees;
WHEREAS, no fees are amended in these updated fee schedules for the purpose of
acquiring funds for the construction of public improvements or the acquisition of equipment;
WHEREAS, on July 10, 2012, the City Council of the City of Rohnert Park reviewed the
draft modified fee schedule and supporting data during a scheduled public meeting and provided
further guidance on the development of the new and modified fees;
WHEREAS, in accordance with state law, the cost of services study was made available
for public review at least ten (10) days prior to the meeting at which the fee schedule
amendments are to be adopted;
WHEREAS, the City published notice for adoption of the fee schedule amendments in
accordance with state law;
WHEREAS, on September 11, 2012, the City Council of the City of Rohnert Park
reviewed the amended fee schedules and supporting data during a scheduled public hearing; at
which time interested persons had an opportunity to testify either in support of or opposition to
the proposed fees; and
WHEREAS, at the September 11, 2012 City Council meeting, upon hearing and
considering all testimony and arguments, if any, of all persons desiring to be heard, the Council
considered all the facts relating to the amended fee schedules.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Recitals. That the above recitations are true and correct and material to
this Resolution.
Section 2. Environmental Clearance. The adoption of this Resolution is exempt from
the California Environmental Quality Act as this action is not considered a "project" as defined
in California Code of Regulations, Title 14, Chapter 3, Article 20, Section 15378(a):
(a) "Project" means the whole of an action, which has a potential for resulting in either a
direct physical change in the environment, or a reasonably foreseeable indirect physical
change in the environment,...
and is specifically excluded in Section 15378(b)(4), to wit:
(b) "Project" does not include:... (4) The creation ofgovernment funding mechanisms or
other government fiscal activities which do not involve any commitment to any specific
project which may result in a potentially significant physical impact on the environment.
Section 3. Adoption of Fees. The Building Plan Check and Inspection Fee Schedule and
Planning Fee Schedule are hereby amended as shown on Exhibit A, which is attached hereto and
incorporated by this reference, and shall be in full force and effect as of December 1, 2012.
Except as shown on Exhibit A, all fees for building permits and services shall continue to be in
effect and shall remain as provided for in Resolution Nos. 2011 -26 and 2010 -81.
Section 4. Constitutionality. If any action, subsection, sentence, clause or phrase of
this Resolution or the fees levied by this Resolution shall be held invalid or unconstitutional by a
court of competent jurisdiction, such invalidity shall not affect the validity of the remaining
portions of this Resolution or the fees levied by this Resolution that can be given effect without
the invalid provisions.
Section 5. Waiver of Fee. The City Council is hereby authorized to waive any of the
fees outlined in Exhibit A. If such a waiver occurs, the City Manager or his/her designee will
ensure that any fee category for which a waiver was granted does not exceed the estimated
reasonable cost of providing the service.
DULY AND REGULARLY ADOPTED this 11th day of September, 2012.
ATTEST:
City Clerk
AHANOTU: BELFORTE
AYES: (
CITY OF ROHNERT PARK
Mayor
CALLINAN: STAFFORD: MACKENZIE:
NOES: ( ) ABSENT:( ) ABSTAIN: ( )
3
EXHIBIT A to Resolution - Page 1
MECHANICAL, ELECTRICAL
AND PLUMBING FEES
1EXHIPIT A to Resolution - Page 2
Plan Check and Inspection Fees
Mechanical, Electrical and Plumbing Permits
FEE TYPES FEE
MECHANICAL PERMIT FEES
Stand Alone Mechanical Plan Check (hourly rate)
$
99.00
UNIT FEES:
A/C, Residential (each) Plan Check
$
70.00
A/C, Residential (each) Inspection
$
118.00
Furnace, less than 100,000 Btu, residential, including wall heaters, gas inserts, etc.
Inspecton
$
86.45
Furnace, more than 100,000 Btu, residential, including wall heaters, gas inserts, etc.
$
124.60
Furnace, non -res, less than 100,000 Btu
$
133.00
Furnace, non -res, more than 100,000 Btu
$
148.00
Refrigeration Compressor
$
147.00
Boiler
$
254.00
Chiller
$
246.00
Heat Pump (Package Unit)
$
103.00
Air Handler
$
103.00
Duct Work (only)
$
103.00
Make -up Air System
Moisture Exhaust Duct, non - residential (Clothes Dryer)
$
$
148.00
88.00
Vent Fan, Single Duct (each)
$
96.00
Exhaust Hood and Duct (Residential)
$
117.00
Exhaust Hood, Type I (Commercial Grease Hood)
$
321.00
Exhaust Hood, Type II (Commercial Steam Hood)
$
231.00
Refrigerator Condenser Remote
$
170.00
Walk -in Box/Refrigerator Coil
$
163.00
Install /Relocate suspended heater, recessed wall heater, or floor- mounted unit heater
(each)
$
103.00
Install /Relocate /Replace appliance vent installed and not included in an appliance permit
(each)
$
111.00
Repair /Alter /Add heating appliance, refrigeration unit, cooling unit, absorption unit, or
each heating, cooling, absorption, or evaporative cooling system, including installation of
controls (each) Plan Check
$
108.00
Repair /Alter /Add heating appliance, refrigeration unit, cooling unit, absorption unit, or
each heating, cooling, absorption, or evaporative cooling system, including installation of
controls (each) Inspection
$
118.00
City of Rohnert Park - Development Services
Adopted March 11, 2011
Effective June 1, 2011
Revised _/_/2012
EXHIRT A to Resolution - 'ac�� 3
Plan Check and Inspection Fees
Mechanical, Electrical and Plumbing Permits
FEE TYPES
FEE
Install /Relocate boiler or compressor, up to and including 3HP, or absorption system up
to and including 100,000 Btu /h (each)
$ 126.00
Install /Relocate boiler or compressor, over 3HP and up to and including 15 HP, or
absorption system over 100,000 Btu /h and up to and including 500,000 Btu /h (each)
$ 174.00
Install /Relocate boiler or compressor, over 15 HP and up to and including 30 HP, or
absorption system over 500,000 Btu /h and up to and including 1,000,000 Btu /h (each)
$ 305.00
Install /Relocate boiler or compressor, over 30 HP and up to and including 50 HP, or
absorption system over 1,000,000 Btu /h and up to and including 1,750,000 Btu /h (each)
$ 332.00
Install /Relocate boiler or compressor, over 50 HP, or absorption system over 1,750,000
Btu /h (each)
$ 481.00
Air - handling unit, including attached ducts. (Note: this fee shall not apply to an air -
handling unit that is a portion of a factory- assembled appliance, cooling unit, evaporative
cooler, or absorption unit for which a permit is required elsewhere) (each)
$ 131.00
Air - handling unit over 10,000 CFM (each)
$ 117.00
Evaporative cooler other, than portable type (each)
$ 88.00
$ 88.00
_
Ventilation fan connected to a single duct (each)
Ventilation system that is not a portion of any heating or air- conditioning system
authorized by a permit (each)
$ 96.00
Hood installation that is served by mechanical exhaust, including the ducts for such hood
(each)
$ 103.00
Appliance or piece of equipment not classed in other appliance categories, or for which
no other fee is listed (each)
$ 162.00
$
103.00
OTHER FEES:
$
138.00
Other Mechanical Inspections (per hour)
$ 99.00
PLUMBING /GAS PERMIT FEES
Stand Alone Plumbing Plan Check (hourly rate)
$
99.00
UNIT FEES:
Fixtures (each)
$_
81.00
Gas System
First Outlet
$
104.00
Each Additional Outlet
$
10.00
Building Sewer
$
103.00
Grease Trap (Inside Building, Each)
$
138.00
City of Rohnert Park - Development Services
Adopted March 11, 2011
Effective June 1, 2011
Revised _J_/2012
EXHiB1T A to Resolution - Page 4
Plan Check and Inspection Fees
Mechanical, Electrical and Plumbing Permits
FEE TYPES
FEE
Backflow Preventer
First 5
$
82.00
Each after the First 5
$
16.00
Roof Drain — Rainwater System
$
96.00
Shower Valves including associated plumbing
$
118.00
Water Heater
$
87.55
Water Pipe Repair /Replacement, residential
$
103.00
Water Pipe Repair /Replacement, non - residential
$
162.00
Water Service Supply Line, residential
$
103.00
Water Service Supply Line, non - residential
$
162.00
Drain -Vent Repair /Alterations, residential
$
96.00
Drain -Vent Repair /Alterations, non - residential
$
148.00
Drinking Fountain
$
96.00
Solar Water System Fixtures (solar panels, tanks, water treatment equipment) residential
$
363.00
Solar Water Heating, swimming pool, residential
$
341.00
Solar Water Heating, swimming pool, non - residential
$
375.00
Graywater Systems
$
345.00
Medical Gas System (Each Outlet)
$
151.00
Plumbing fixture or trap or set of fixtures on one trap, including water, drainage piping,
and backflow protection (each)
$
96.00
Industrial waste pretreatment interceptor, including its trap and vent, excepting kitchen -
type grease interceptors functioning as fixture traps (each)
$
204.00
Install /Alter /Repair water piping and /or water treating equipment (each)
$
81.00
Repair /Alter drainage or vent piping (each fixture)
$
73.00
Lawn sprinkler system on any one meter, including backflow protection devices therefore
(each)
$
103.00
Backflow devices not included in other fee services, e.g., building /trailer park sewer
(each)
$
108.00
Atmospheric -type vacuum breakers not included in other fee services, e.g., building /trailer
park sewer (1 -5 units)
$
103.00
Atmospheric -type vacuum breakers not included in other fee services, e.g., building /trailer
park sewer (each unit over 5 units)
$
103.00
Canon Manor Sewer Lateral
$
542.00
Residential Sewer Lateral
$
229.00
OTHER FEES:
Other Plumbing and Gas Inspections (per hour)
$
99.00
City of Rohnert Park - Development Services
Adopted March 11, 2011
Effective June 1, 2011
Revised _/_/2012
EX�-f1BIT A to Resolution - l�ag��
Plan Check and Inspection Fees
Mechanical, Electrical and Plumbing Permits
FEE TYPES
ELECTRICAL PERMIT FEES
FEE
Stand Alone Electrical Plan Check (hourly rate)
$
99.00
SYSTEM FEES:
Single- Family Dwelling(SFD) Residential Service, up to and including 400 amps
$
140.00
Single Family Dwelling (SFD) Residential Service, greater than 400 amps
$
223.00
Non - Residential (Multi - Family Dwelling (MFD) / Commercial ) Industrial). service up to 200
amps
$
82.00
Non-Residential, (Multi- Family Dwelling (MFD) / Commercial /lhdustrial) service 225 -400
amps
$
91.00
Non - Residential (Multi- Family Dwelling:(MFD) /Commercial. /:Industrial) =service 425 -600
amps
$
115.00
Non - Residential (Multi- Family" Dwelling (MFD) /'Commercial / Industrial) service 625 -800
amps
$
148.00
Non - Residential {Multi - Family. Dwelling ,(MFD) / Commerciatl'Industrial) service over 800
amps
$
206.00
Subpanels
Residential & multi - family dwelling subpanel < 100amps;
$
84.00
Residential &= multi - family; dwelling subpanel >,10,0amps;
$
110.25
Non- residential subpanel :s 100amps
$
84.00
Non- residential subpanel > 10Qamps.'
$
110.25
Non - Residential Circuits
15 or 20 amp, first 10 circuits (each)
$
96.00
15 or 20 amp, next 90 circuits (each)
$
126.00
15 or 20 amp, over 100 circuits (each)
$
178.00
30 or 40 amp circuits (each)
$
122.00
50 to 175 amp circuits (each)
$
165.00
200 amp and larger circuits (each) Plan Check
$
171.00
200 amp and larger circuits (each) Inspection
$
141.00
Temporary Service (each)
$
195.00
Temporary Pole (each)
$
144.00
City of Rohnert Park - Development Services
Adopted March 11, 2011
Effective June 1, 2011
Revised _/_/2012
EXHIBIT A t0 ResolutiOn - Pecge
Plan Check and Inspection Fees
Mechanical, Electrical and Plumbing Permits
FEE TYPES
FEE
Outdoor Events
Carnivals, circuses, or other traveling shows or exhibitions utilizing transportable -type
rides, booths, displays, and attractions
$ 293.00
Electric generator and electrically- driven rides (each)
$ 189.00
Mechanically- driven rides and walk- through attractions or displays having electric lighting
(each)
$ 189.00
System of area and booth lighting (each)
$ 107.00
Temporary Power Service
Temporary distribution system and temporary lighting and receptacle outlets for
constructions sites, decorative light, Christmas tree sales lots, firework stands, etc.
$ 254.00
Pre - Inspection (per hour)
$ 237.00__
_ _
Generator Installation (per kW)
$ 111.00
UNIT FEES:
Receptacle, Switch, Lighting Outlets, and Lighting Fixtures - RESIDENTIAL
$0.06 /SF
(Includes receptacles, switch, lighting, or other outlets at which current is used or
controlled, except services, feeders, and meters; lighting fixtures, sockets or other lamp -
holding devices)
Residential Appliances
Fixed residential appliances or receptacle outlets for same, including wall- mounted
electric ovens; counter mounted cooking tops; electric ranges; self - contained room
console or through -wall air conditioners; space heaters; food waste grinders;
dishwashers; washing machines; water heaters; clothes dryers; or other motor - operated
appliances (each) not exceeding one horsepower (HP) in rating (each)
$ 88.00
(For other types of air conditioners and other motor - driven appliances having larger
electrical ratings, see Power Apparatus)
City of Rohnert Park - Development Services
Adopted March 11, 2011
Effective June 1, 2011
Revised _J_/2012
Plan Check and Inspection Fees EXHIBIT A t0 ResOlution _ Page 7
Mechanical, Electrical and Plumbing Permits
FEE TYPES
FEE
Nonresidential Appliances
Nonresidential appliances and self - contained factory - wired, nonresidential appliances,
including medical and dental devices; food, beverage, and ice cream cabinets;
illuminated show cases; drinking fountains; vending machines; laundry machines; or
other similar types of equipment (each)
$ 148.00
Nonresidential appliances and self- contained factory - wired, nonresidential appliances not
exceeding one horsepower (HP), kilowatt (kW), or kilovolt- ampere (kVA) in rating,
including medical and dental devices; food, beverage, and ice cream cabinets;
illuminated show cases; drinking fountains; vending machines; laundry machines; or
other similar types of equipment (each)
$ 148.00
(For other types of air conditioners and other motor - driven appliances having larger
electrical ratings, see Power Apparatus)
Power Apparatus
Motors, generators, transformers, rectifiers, synchronous converters, capacitors,
industrial heating, air conditioners and heat pumps, cooking or baking equipment, and
other apparatus. Rating in horsepower (HP), kilowatts (kW), or kilovolt- amperes (WA), or
kilovolt- amperes- reactive (WAR)
Up to and including 1 (each)
$ 122.00
Over 1 and not over 10 (each)
$ 139.00
Over 10 and not over 50 (each)
$ 208.00
Over 50 and not over 100 (each)
$ 236.00
Over 100 (each)
$ 258.00
(For equipment or appliances having more than one motor, transformer, heater, etc., the
sum of the combined ratings may be used. These fees include all switches, circuit
breakers, contactors, thermostats, relays, and other directly related control equipment.)
Bus ways
Trolley and plug -in -type bus ways - each 100 feet or fraction thereof
$ 152.00
(An additional fee will be required for lighting fixtures, motors, and other appliances that
are connected to trolley and plug -in -type bus ways. No fee is required for portable tools.)
Signs, Outline Lighting, and Marquees
Signs, Outline Lighting, or Marquees
$ 103.00
New electric branch circuit only for existing and future signs, outline;:lighting,;and
marquees and additional branch circuits within the same sign, outline lighting system, or
marquee (each)
$ 88.00
Adopted March 11, 2011
Effective June 1, 2011
City of Rohnert Park - Development Services Revised _/_/2012
�CNdBIT A to Resolution - Page ,8
Plan Check and Inspection Fees
Mechanical, Electrical and Plumbing Permits
FEE TYPES
FEE
Miscellaneous Apparatus, Conduits, Bus ways, and Conductors
Minimum charge - 2 hours, includes administrative and professional staff time
Electrical apparatus, conduits, and conductors for which a permit is required, but for
which no fee is herein set forth: Plan Check
$ 92.00
Electrical apparatus, conduits, and conductors for which a permit is required, but for
which no fee is herein set forth: Inspection
(This fee is not applicable when a. fee is paid for one or more services, outlets, fixtures,
appliances, power apparatus, bus ways, signs, or other equipment)
$ 94.00
Minimum charge (See Reinspection Fee i_n_ MISCELLANEOUS table)
_ _FEES
Each additional hour or portion thereof
$ 169.00
OTHER FEES:
Additional Plan Review required by changes, additions, or revisions to approved plans,
per hour (See Supplemental Plan Check Fee in MISCELLANEOUS FEES table)
Other Electrical Inspections (per hour)
Is 99.00
OTHER INSPECTIONS AND FEES
Inspections outside of normal business hours, 0 -2 hours (minimum charge)
Minimum charge - 2 hours, includes administrative and professional staff time
$ 269.00
Each additional hour or portion thereof
$ 169.00
Reinspections
Minimum charge (See Reinspection Fee i_n_ MISCELLANEOUS table)
_ _FEES
Each additional hour or portion thereof
$ 169.00
Inspections for which no fee is specifically indicated, per hour (See Supplemental
Inspection Fee in MISCELLANEOUS FEES table)
Additional Plan Review required by changes, additions, or revisions to approved plans,
per hour (See Supplemental Plan Check Fee in MISCELLANEOUS FEES table)
City of Rohnert Park - Development Services
Adopted March 11, 2011
Effective June 1, 2011
Revised _/_/2012
BXNEBIT, to resolution - Page 9
MISCELLANEOUS PERMITS
FEES
Plan Check and Inspection Fees EXHIBIT A t0 Resolution - Page 10
Miscellaneous Permits
FEE TYPES
Unit
Note
FEE
Antenna — Telecom Facility
each
$1,727
Cellular /Mobile Phone, free - standing new structure
Cellular /Mobile Phone, attached to existing structure
each
$941
Each addt'I co- located antenna
each addt'I antenna
$199
Application Meeting
First Hour
hourly rate
$99
Each additional 1/2 hour
Arbor/Trellis (R -3s only over 120ft, non R -3), Awning /Canopy
(supported by building) R -3
hourly rate
$49
each
$147
Balcony addition (R -3)
up to 200 SF
$549
Balcony addition (R -3) over 200 SF
each additional 50 SF
or portion thereof
$131
Business License Inspections
each
$74
Carport (R -3) - Plan Check
each
$224
Carport (R -3) - Inspection
each
$436
Change of Occupancy (over the counter)
- -
each
$43
- -- - _ - - - -— — - -- - -- - - --
Change of Occupancy
- - -- - - - - -- -- -- -
minimum fee, actual costs
thereafter
-- - -- --
(1)
---------------
$137
Chimney (factory- built, masonry), Chimney Repair
each
$424
Covered Porch (R3), Deck (wood) >30" above grade
up to 200 SF
$147
Covered Porch (R3), over 200 SF
each additional 100 SF
or portion thereof
$78
Demolition
Commercial - Inspection
each
$249
Residential - Inspection
each
$249
Disabled Access Compliance Inspection
hourly rate
$99
Door
New door (non structural)
each
$150
New door (structural shear wall /masonry)
each
$704
Duplicate /Replacement Job Card
each
$144
Exterior Renovation, Non - Residential
per 100 SF or portion
thereof
$62
City of Rohnert Park - Development Services Eff. 6/1/2011, Rev. _J_/2012
!EXHIBIT A to Resolution - Pagel 1
Plan Check and Inspection Fees
Miscellaneous Permits
FEE TYPES
Unit
Note
FEE
Fence
Masonry any height
up to 100 LF
$331
Non-masonry, over 6 feet in height;
up to 100 LF
$231
Non-masonry, over 6 feet in height; masonry any height, over
Each additional 100 LF
100 LF
or portion thereof
$199
Final Inspection Permit (non-residential only) to reactivate an
,expired permit
each
(2)
$325
Fireplace
New Pre-Fabricated/Metal Fireplace - Plan Check
---N-e-w---F5-F-F-ab—*ri—c-a-t-e— -
each
$212
d/—M—e-t—al—Flre-pl�6—e - Inspection
each ---_______
$318
Fireplace Repairs Demolition
each
$195
Plan Check
Inspecfion
--ea—ch-
Flag pole (over 20 feet in height)
each
$481
Fire Repairs
—-Residential, —30%
more than damaged -Use
---Addition Fee
Residential, less than 30% damaged - Plan Check
each
$424
Residential, less than 30% damaged - Inspection
each
$560
Commercial, use New Construction Tenant Improvement
Foundation Only Residential
W/O New Construction Permit
each
$897
W/ New Construction Permit
each
$405
Foundation Repair, R3
each
-$7-5--4-
Foundation R'e'pair, non -R3
$904
Garage (detached)
Wood frame up to 1,b_ObSF
each
$1,215
Wood frame over 1,000 SF and less than 2000 SF
For portion of 1000 SF
$230
Garage Conversion, Residential
each
$350
Generator
each
$624
Ins,ulation,(baft, blo wn7ih, injection),
each
$11
City of Rohnert Park - Development Services Eff. 6/1/2011, Rev. _J_/2012
Plan Check and Inspection Fees EXHIBIT A t0 Resolution - Page 12
Miscellaneous Permits
FEE TYPES
Unit
Note
FEE
Master Plan - Revisions
(3)
Deferred Submittal Processing Fee
- - --— — -- -
each
(3) (4)
— -- - -
$364
- - -- -- - - -
Minor (no change in structure or square footage)
-- - - -- _ _ - --
each
(3) (4)
$231
Major (USE RESIDENTIAL NEW CONSTRUCTION -
MASTER PLAN)
(3)
Master Plan Duplicate Set Processing Fee
each
(3) (4)
$182
Oven (Commercial)
each
$735
Partition— Commercial, Interior (up to 30 LF)
up to 30 LF
$506
each additional 30 LF
Partition over 30 LF - Plan Check
or portion thereof
$144
each additional 30 LF
Partition over 30 LF_Inspection
or portion thereof
$137
Partition— Residential, Interior (up to 30 LF) — —
up to 30 LF
$268
each additional 30 LF
Partition over 30 LF
or portion thereof
$169
Patio Cover (wood frame, metal frame, other)
up to 300 SF
$443
each additional 300 SF
Patio, over 300 SF
--
or portion thereof
$_ 3__12_
nclosed wood frame, metal frame, other)
- -- - - - -- - - -- --
- -- - - -- -
u to 300 sf
_ P
-- - -- -
-
$935
Enclosed patio over 300 SF - Plan Check
each additional 300 SF
or portion thereof
$268
Enclosed patio over 300 SF - Inspection
each additional 300 SF
thereof
—
or portion
$62
Photovoltaic System
1 15 kilowatts - Plan Check —
each
1 - 15 kilow pectio
atts - Insn
each
_$150
$156
16 - 50 kilowatts -Plan Check
- - --
each
- --
— -- -- --
$312
16 - 50 kilowatts - Inspection
_
each
_
$430
51 - 100 kilowatts- Plan Check
each
$529
51 - 100 kilowatts - Inspection
each
$648
City of Rohnert Park - Development Services Eff. 6/1/2011, Rev. _/ _J2012
Plan Check and Inspection Fees )H_IBIT A to Resolution - Page 13
Miscellaneous Permits
FEE TYPES
Unit
Note
FEE
101 - 200 kilowatts- Plan Check
each
$747
101 - 200 kilowatts - Inspection
each
$823
201 - 500 kilowatts - Plan Check
each
each
$1,679
--------------- -
$3,225
201 - 500 kilowatts - Inspection
500 kilowatts - 1 megawatt - Plan Check
each
$3,933
506_kilowatts _- 1 megawatt - - —Ins'pect-ion-
Plot Plan - Revision
each
(5)
$137
minimum fee, actual costs
Product Review
thereafter
(1)
$118
Remodel—Residential
Remodel -up to WO Check
up to 300 SF
$293
Remodel up to 300 SF - Inspection
up to 300 SF
$311
each additional 100 SF
Remodel, over 300 SF - Plan Check
or portion thereof
$68
each additional 100 SF
Remodel, over 300 SF - Inspection
or portion thereof
$93
Kitchen - Plan Check
each
$268
Kitchen - Inspection
each
$354
Bath - Plan Check
each
$175
Rat - Inspection
each
$236
Reinspection Fee / Final Inspection Fee (SFD)
---------
minimum fee, actual costs
thereafter
-
(1).(3)
$137
Repairs
Repairs, non-residential, non-structural - Plan Check
each
$356
Repairs, non-residential, non-structural - Inspection.
each
$365
Repairs, residential - Plan Check
each
$350
Repairs, residential - Inspection
each
$365
Re-roof
Single Family Dwelling (SFD) Residential only (w/ new roof
sheathing) - Inspection
each
$306
Single Family.Dwelling (SFb) Residential only (w/o new roof
sheathing) - Inspection - --- —
each
$212
---
eaGh 5:000,91:
Multi-Family Dwelling (Apartments/Condominiums) -
each 5,000 SF or
Inspection
portion thereof
$442
each 5,000 SF or
Commercial - Plan Check
portion thereof
$]56
each 5,000 SF or
L
Commercial - Inspection
portion thereof
_ $404
City of Rohnert Park - Development Services Eff. 6/1/2011, Rev. _/_J2012
Plan Check and Inspection Fees ��`�'���° Resolution - Page 14
Miscellaneous Permits
FEE TYPES
Unit
Note
FEE
Revisions to approved plans
Commercial New
Minimum fee
Minimum fee
Minimum fee
Minimum fee
Minimum fee
(4)
$118
Tenant Improvement
(4)
$118
_
Single Family Dwelling -. --
Addition
-_ _
- - - -- -....-.--------
Remodel - - - -- - --
(4)
$118
$118
$118
(4)
(4)
Roof Structure Replacement - Plan Check
up to 500 SF
$212
Roof Structure Replacement - Inspection
up to 500 SF
$329
Roof structure replacement, over 500 SF
each additional 100 SF
or portion thereof
$43
Sauna- -steam
each
$723
SCEIP projects for which permits not typically issued (use
Minimum Processing Fee)
Siding
Stone and Brick Veneer (interior or exterior), up to 800 sf
up to 800 SF
$461
Other Siding up to 800 SF - Plan Check (for commercial only)
up to 800 SF
$180
Other Siding up to 800 SF= Inspection
up to 800 SF
each additional 800 SF
or portion thereof
$230
$169
Additional siding _-
Signs, new_(s 100 SF area) —
(6)
Roof / Projecting Signs _
Monument
each
each
(6)
$306
(6)
$281
Pole (under 10')
each
(6)
$306
Wall /Awning Sign, Non - Electric
each
(6)
$262
Wall, Electric
each
(6)
$287
Other Sign - Plan Check
each
(6)
$2.1_2_
Other Sign - Inspection
— -.. -- - - - - -- —
Signs, new ( >100 SF area)
Roof / Projecting Signs _ _
m
Monuent
_
each
(6)
$131
6
each
(6)
$499
- - --
each
(6)
$350
Pole (over 10')
each
(6)
$449
Wall /Awning Sign, Non - Electric
each
(6)
$331
Wall, Electric
each
(6)
$405
Other Sign - Plan Check _
each
(6)
$274
_
Other Sign --inspection
- ---------- - - - - --
--
each
(6)
-. -$293
City of Rohnert Park - Development Services Eff. 6/1/2011, Rev. _/ —/2012
E[B1T A to Resolution - Page 105
Plan Check and Inspection Fees
Miscellaneous Permits
FEE TYPES
Unit
Note
FEE
Site Accessibility -
per hour
- -- --_
each
$99
Skylight
---- - —
-
$212
- - - -- -- - -- — -
Less than 10 SF
Greater than 10 SF or structural
each
$468
Solar Panels (Thermal), residential or equal
each
$338
Storage Racks
first 100 LF
each additional 100 LF
or portion thereof
Each
$674
$237
$518
Storage racks over 8' high, up to 100 LF
Storage racks over 8' high, over 100 LF
Structural Repairs (Non - Residential) - Plan Check
Structural Repairs (Non - Residential) - Inspection
Each
Each
- --
$927
$405
- - - --
$442 --
$455_
Structural Repairs (Residential) -Plan Check
Structural Repairs (Residential) - Inspection - - -- - - --
- --- - - - - -- -
Each
Stucco Applications
up to 400 SF
_
Stucco Application, over 400 SF
each additional 400 SF
or portion thereof
_
$280
Supplemental Plan Check Fee (after 3rd review)
First hour
each
(1)
$137
Each Additional 1/2 hour or portion thereof
per 1/2 hour or portion
thereof
(1)
$68
Supplemental Inspection Fee
First 1/2 hour
each
per 1/2 hour or portion
thereof
(1)
(1)
$68
Each Additional 1/2 hour or portion thereof
$68
Swimming Pool /Spa
Vinyl -lined (up to 800 sf)
each
$635
Fiberglass
each
$635
Gunite (up to 800 sf)
each
$635
Additional pool (over 800 sf or portion thereof)
each
$374
Commercial pool (up to 800 sf)
each
$1,095
Commercial pool (over 800 sf or portion thereof)
each
$1,268
—
Spa or Hot Tub (Pre- fabricated)
each
$685
Temporary Occupancy Approval
minimum fee, actual costs
thereafter
(4)
$449
Trash Enclosure
_ each
$624
City of Rohnert Park - Development Services Eff. 6/1/2011, Rev. J _/2012
Plan Check and Inspection Fees XH�T Resolution - Page i
Miscellaneous Permits
FEE TYPES
Unit
Note
FEE
Window or Sliding Glass Door
New Window (change in opening size /location, non - structural)
each
$112
New window (structural shear wall /masonry) - Plan Check
- - - -- —
each
$261
- - - - --
New window (structural shear wall /masonry) - Inspection
-- _..._--- - - - - -- __
each
each
_
_.__-----------
$162
$261
Bay Window (structural) - Plan Check
Bay Window (structural) - Inspection
each
$423
Minimum Processing Fee (Administrative - No Permit)
each
(7)
$37
Notes:
1. Minimum fee includes professional and minimum adminstrative staff time for service
2. Inspection fee for reactivation of residential permits is included in "Reinspection Fee."
2: 3. Refer to Master Plan Policy
3. 4. Processing fee only. Staff time and materials cost, or actual consultant fee + City administrative fee
may be in addition to processing fee.
4: 5. Refer to Plot Plan and Production Phase Policy
6. "New" signs'means!the replacement of an existing sign with a new.one; or installation of a new sign with
an existing electrical,source:'
5.7. Use for SCEIP projects & other "non- permit" projects for intake and processing costs.
City of Rohnert Park - Development Services Eff. 6/1/2011, Rev. _/_/2012
EXNIBii t0 Resolution - Page 17
Plan Check Fees
Tenant Improvements
Occupancy Groups A, B, E, F, H, I, M, S and 'other"
NOTES:
(1) Project size for Tenant Improvement plan check fee calculation purposes is total square footage from inside
wall to wall measurements.
(2) Plan check fee adjustments for Tenant Improvements (Tls):
• TI with all systems (mechanical, electrical, plumbing, and structural): 100% base cost fee +
• TI without plumbing / mechanical: 70% base cost fee + 70% incremental cost fee
• TI without electrical: 70% base cost fee + 70% incremental cost fee
• TI only adding walls: 70% base cost fee + 70% incremental cost fee
(3) To calculate Construction Type IA and IB base cost and cost for each additional 100 SF: Multiply value for
Construction Type IIA- IIB - IIIA - IIIB -IV by 1.20 and Construction Type VA -VB by 1.50.
'orrected for 50% cost recovery
Dorrected for 75% cost recovery
corrected for 50% cost recovery
City of Rohnert Park - Development Services Eff. 6/1/2011, Rev. _/_J2012
CONSTRUCTION TYPE
11A, IIB, IIIA, IIIB, IV
VA, VB
IBC
Class
IBC Occupancy Type
Project
Size
Threshold
Base Cost
@
Threshold
Size
Cost for each
Additional 100
SF or fractional
Part thereof
Base Cost
@
Threshold
Size
Cost for each
Additional 100
SF or fractional
part thereof
F, H
F & H Occupancy Tenant Improvements
Factory
High Hazard
1,000
$1,761
$52.03
$1,409
$41.63
5,000
$3,842
$40.66
$3,074
$32.53
10,000
$5,875
$31.01
$4,700
$24.81
20,000
$8,976
$10.83
$7,181
$8.67
50,000
$12,226
$7.83
$9,781
$6.27
100,000
$16,143
$5.66
$12,914
$4.53
1
1 Occupancy Tenant Improvements
Institutional
1,000
$4,361
$50.33
$3,489
$40.25
5,000
$6,374
$19.28
$5,099
$15.42
10,000
$7,338
$38.48
$5,870
$30.79
20,000
$11,186
$13.42
$8,949
$10.73
50,000
$15,211
$9.80
$12,169
$7.84
100,000
$20,110
$7.16
$16,088
$5.73
M
M Occupancy Tenant Improvements
Mercantile
2,000
$1,621
$38.91
$1,297
$31.13
10,000
$4,734
$7.24
$3,787
$5.79
20,000
$5,458
$14.23
$4,366
$11.38
40,000
$8,303
$4.95
$6,642
$3.96
100,000
$11,273
$3.63
$9,018
$2.91
200,000
$14,904
$2.66
$11,923
$2.14
S
S Occupancy Tenant Improvements
Storage
150
$1,850
$138.83
$1,480
$111.00
750
$2,683
$56.00
$2,146
$44.80
1,500
$3,103
$107.33
$2,482
$85.87
3,000
$4,713
$37.67
$3,770
$30.13
7,500
$6,408
$27.48
$5,126
$21.99
15,000
$8,469
$20.05
$6,775
$16.05
Other Tenant Improvements
500
$2,948
$66.85
$2,358
$53.50
2,500
$4,285
$26.16
$3,428
$20.92
5,000
$4,939
$51.80
$3,951
$41.44
10,000
$7,529
$18.04
$6,023
$14.43
25,000
$10,235
$13.22_
$8,188
$10.58
50,000
$13,540
$9.69
$10,832
$7.76
NOTES:
(1) Project size for Tenant Improvement plan check fee calculation purposes is total square footage from inside
wall to wall measurements.
(2) Plan check fee adjustments for Tenant Improvements (Tls):
• TI with all systems (mechanical, electrical, plumbing, and structural): 100% base cost fee +
• TI without plumbing / mechanical: 70% base cost fee + 70% incremental cost fee
• TI without electrical: 70% base cost fee + 70% incremental cost fee
• TI only adding walls: 70% base cost fee + 70% incremental cost fee
(3) To calculate Construction Type IA and IB base cost and cost for each additional 100 SF: Multiply value for
Construction Type IIA- IIB - IIIA - IIIB -IV by 1.20 and Construction Type VA -VB by 1.50.
'orrected for 50% cost recovery
Dorrected for 75% cost recovery
corrected for 50% cost recovery
City of Rohnert Park - Development Services Eff. 6/1/2011, Rev. _/_J2012
Inspection Fees
Tenant Improvements
Occupancy Groups A, B, E, F, H, I, M, S and "other"
ENIBIT to Resolution - Page 18
NOTES:
(1) Project size for Tenant Improvement inspection fee calculation purposes is total square footage from inside wall
to wall measurements.
(2) Inspection fee adjustments for Tenant Improvements (Tls):
• TI with all systems (mechanical, electrical, plumbing, and structural): 100% base cost fee + 100% incremental
• TI without plumbing / mechanical: 70% base cost fee + 70% incremental cost fee
• TI without electrical: 85% base cost fee + 85% incremental cost fee
• TI only adding /moving walls: 70% base cost fee + 70% incremental cost fee
(3) To calculate Construction Type IA and IB base cost and cost for each additional 100 SF: Multiply value for
Construction Type IIA- IIB- IIIA- IIIB -IV by 1.20 and Construction Type VA -VB by 1.50.
Corrected for 50% cost recovery
Corrected for 75% cost recovery
Corrected for 50% cost recovery
City of Rohnert Park - Development Services Eff. 6/1/2011, Rev. _J_J2012
CONSTRUCTION TYPE
IIA, 1113, IIIA, 11113, IV
VA, VB
IBC
Class
IBC Occupancy Type
Project
Size
Threshold
Base Cost
e _
Threshold
Size
.Cost for each
Additional 100 SF or
fractional part
thereof
Base Cost
@
Threshold
Size
Cost for each
Additional 100 SF
or fractional part
thereof
F, H
F & H Occupancy Tenant Improvements
Factory
High Hazard
1,000
$1,093
$22.15
$875
$17.72
5,000
$1,979
$29.50
$1,583
$23.60
10,000
$3,454
$12.39
$2,763
$9.91
20,000
$4,693
$7.62
$3,754
$6.10
50,000
$6,980
$7.03
$5,584
$5.62
100,000
$10,494
$6.49
$8,395
$5.18
1
1 Occupancy Tenant Improvements
Institutional
1,000
$4,051
$20.05
$3,241
$16.03
5,000
$4,853
$32.32
$3,882
$25.86
10,000
$6,469
$22.02
$5,175
$17.62
20,000
$8,671
$14.36
$6,937
$11.48
50,000
$12,978
$13.39
$10,382
$10.72
100,000
$19,675
$12.49
$15,740
$10.01
M
M Occupancy Tenant Improvements
Mercantile
2,000
$1,264
$22.81
$1,011
$18.25
10,000
$3,089
$10.02
$2,471
$8.02
20,000
$4,091
$6.94
$3,273
$5.55
40,000
$5,479
$4.48
$4,383
$3.59
100,000
$8,169
$4.16
$6,535
$3.33
200,000
$12,328
$3.86
$9,862
$3.09
S
S Occupancy Tenant Improvements
Storage
150
$1,385
$50.83
$1,108
$40.67
750
$1,690
$72.53
$1,352
$58.00
1,500
$2,234
$51.40
$1,787
$41.13
3,000
$3,005
$32.84
$2,404
$26.27
7,500
$4,483
$29.97
$3,586
$23.99
15,000
$6,731
$27.351
$5,385
$21.91
Other Tenant Improvements
500
$1,706
$20.35
$1,365
$16.25
2,500
$2,113
$26.12
$1,690
$20.92
5,000
$2,766
$20.14
$2,213
$16.10
10,000
$3,773
$11.84
$3,018
$9.47
25,000
$5,549
$10.74
$4,439
$8.59
50,000 1
$8,233
$9.74
$6,586
$7.79
NOTES:
(1) Project size for Tenant Improvement inspection fee calculation purposes is total square footage from inside wall
to wall measurements.
(2) Inspection fee adjustments for Tenant Improvements (Tls):
• TI with all systems (mechanical, electrical, plumbing, and structural): 100% base cost fee + 100% incremental
• TI without plumbing / mechanical: 70% base cost fee + 70% incremental cost fee
• TI without electrical: 85% base cost fee + 85% incremental cost fee
• TI only adding /moving walls: 70% base cost fee + 70% incremental cost fee
(3) To calculate Construction Type IA and IB base cost and cost for each additional 100 SF: Multiply value for
Construction Type IIA- IIB- IIIA- IIIB -IV by 1.20 and Construction Type VA -VB by 1.50.
Corrected for 50% cost recovery
Corrected for 75% cost recovery
Corrected for 50% cost recovery
City of Rohnert Park - Development Services Eff. 6/1/2011, Rev. _J_J2012
to Resolution - Page 19
Planning Fee Schedule
(Adopted on July 27, 2010 by Rohnert Park City Council, Resolution No. 2010 -81,
Effective September 25, 2010)
Service
Fee
Actual cost of time & materials charged against an
1
Annexation
Initial Deposit as determined by staff. An
approved Reimbursement Agreement is required.
Residents: $281 plus the actual cost of publishing
/ noticing
2
Appeals to City Council
---- --- ----- ------ - ---- - - - -- -- -- --
Non- residents: $1,125 plus the actual cost of
publishing / noticing
Residents: $390 plus the actual cost of publishing
/ noticing
3
Appeals to Planning Commission
Non- residents: $1,560 plus the actual cost of
publishing / noticing
$88 - one address
$130 - 2 to 5 addresses
4
Assignment of Address
_.._._... - - - -- - -- - – - - - -- - -- - -- -- -- - - - - -- —
$218 - 6 to 20 addresses
$348 - 21 or more addresses
5
Assignment of Temporary Power Pole
$65
Address
6
Business License Research
$85
7
Certificate of Zoning Compliance
$520
8
Condition Modification/Waiver -
$283
Administrative
9
Condition Modification/Waiver - Planning
Actual cost of time & materials charged against an
Commission
Initial Deposit of $1,000
Development Agreement, Processing &
Actual cost of time & materials charged against an
10
Amendment
Initial Deposit as determined by staff. An
approved Reimbursement Agreement is required.
Actual cost of time & materials charged against an
11
Development Area Plan
Initial Deposit of $9,000. An approved
Reimbursement Agreement is required.
XHfB T A t0 Resolution - Page 20
PLANNING FEE SCHEDULE
(Adopted on July 27, 2010 by Rohnert Park City Council, Resolution No. 2010 -81,
Effective September 25, 2010)
(Rev. September 2012)
Page 2
$283 plus the actual cost of any outside agency
fees (such as County Filing Fee, State
12
Filing & Notice of Categorical Exemption
Clearinghouse Fee and Office of Planning &
Research) agd4l4e aeWal-Gest- o€-pub4shing4
noticing.
Actual cost of time & materials charged against an
Initial Deposit as determined by staff. An
13
Environmental Impact Report Review
approved Reimbursement Agreement is required.
Applicant is also responsible for any other agency
fees (e.g. State Fish & Game fees, etc.)
Actual cost of time & materials charged against an
14
Final Development Plan
Initial Deposit as determined by staff. An
approved Reimbursement Agreement is required.
Actual cost of time & materials charged against an
15
Final Specific Plan
Initial Deposit as determined by staff. An
approved Reimbursement Agreement is required.
Actual cost of time & materials charged against an
16
General Plan Amendment
Initial Deposit of $5,000. An approved
Reimbursement Agreement may be required.
17
Home Occupation Permit
$85 pWst- ha-aGtua!-sest of -publa ag44ietiGi .
18
Pre - Application Conference
$248
19
Pre - Application Conference -
$990
Concept Plan Review
20
Pre - Application Conference -
$175
Single - Family Dwelling, Owner - Occupied
21
Initial Study /Negative Declaration
Actual cost of time & materials charged against an
Initial Deposit of $2,000.
22
Letter of Public Necessity /Convenience
$435
$412 plus the actual cost of any outside agency
fees (such as County Filing Fee, State
23
Notice of Determination
Clearinghouse Fee and Office of Planning &
Research) ,and the- aGt-�JaLcost- af- pulal.i6hiog4
Rotidng.
Specific Plan /Planned Development:
Actual cost of time & materials charged against an
24
Amendment/Revision of Related Items -
Initial Deposit as determined by staff. An
Standard
approved Reimbursement Agreement is required.
(Rev. September 2012)
Page 2
XHIBIT A to Resolution - Page 21
PLANNING FEE SCHEDULE
(Adopted on July 27, 2010 by Rohnert Park City Council, Resolution No. 2010 -81,
Effective September 25, 2010)
25
Sign Review (Single Sign)
$98
New - $520 pigs- the - actual- eost- of- publishin -g-/
noticing.
26
Sign Program Review - New /Revised
Revised - $348 plus- i�he- ac- t�l- c- ost- of- p�Jialis,�i�ag -/
noticing,
Actual cost of time & materials charged against an
27
Preliminary Development Plan
Initial Deposit as determined by staff. An
approved Reimbursement Agreement is required.
28
Rezoning
$6,450 plus the actual cost of publishing / noticing
and reprinting of City zoning maps.
Within existing footprint - $1,480
Site Plan & Architectural Review:
Expansion of footprint - Actual cost of time &
29
Building Remodel (Commercial &
materials charged against an Initial Deposit as
Industrial)
determined by staff. An approved
Reimbursement Agreement is required.
30
Site Plan & Architectural Review:
Building Remodel (>_ 2 Residential Units)
$1,210 plus the actual cost of publishing /noticing
31
Site Plan & Architectural Review:
Actual cost of time & materials charged against an
New Structure (Commercial & Industrial)
Initial Deposit of $1,200
32
Site Plan & Architectural Review:
New Structure /Change -In -Use (? 2
Actual cost of time & materials charged against an
Residential Units)
Initial Deposit of $1,200
Actual cost of time & materials charged against an
33
Specific Plan - Preliminary Plan
Initial Deposit as determined by staff. An
approved Reimbursement Agreement is required.
Actual cost of time & materials charged against an
34
Specific Plan Amendment
Initial Deposit as determined by staff. An
approved Reimbursement Agreement is required.
Actual cost of time & materials charged against an
35
Specific Plan Preparation
Initial Deposit as determined by staff. An
approved Reimbursement Agreement is required.
(Rev. September 2012)
Page 3
EXHIBIT A t0 Resolution - Page 22
PLANNING FEE SCHEDULE
(Adopted on July 27, 2010 by Rohnert Park City Council, Resolution No. 2010 -81,
Effective September 25, 2010)
36
Subdivision: Extension to Approved Minor
$695 plus the actual cost of publishing / noticing.
37
Subdivision: Revision to Approved Minor
Actual cost of time & materials charged against an
Initial Deposit of $1,200.
Subdivision:
Actual cost of time & materials charged against an
38
Extension /Revision to Approved - Major
Initial Deposit as determined by staff. An
approved Reimbursement Agreement is required.
Actual cost of time & materials charged against an
39
Tentative Map - Major (> 5 Lots)
Initial Deposit as determined by staff. An
approved Reimbursement Agreement is required.
40
Tentative Map - Minor (< 4 Lots)
Actual cost of time & materials charged against an
Initial Deposit of $4,000
Use Permit (Commercial /Industrial/
Actual cost of time & materials charged against an
41
Mixed -Use)
Initial Deposit of $1,000
Use Permit - Residential >_ 2 Units
Actual cost of time & materials charged against an
42
Initial Deposit of $1,000
43
Variance
Actual cost of time & materials charged against an
Initial Deposit of $2,500
Minor - $130
46
Temporary Use Permit
Major - Actual cost of time & materials charged
against an Initial Deposit of $1,000
47
Time Extension To Approved - Minor
$175 plus the actual cost of publishing /noticing
48
Time Extension To Approved - Major
$695 plus the actual cost of publishing /noticing
49
Administrative Permit
$650
(Rev. September 2012)
Page 4
EXMi�ii A �+� Ftesc�iution - Page 23
PLANNING FEE SCHEDULE
(Adopted on July 27, 2010 by Rohnert Park City Council, Resolution No. 2010 -81,
Effective September 25, 2010)
50
Violation Correction
$520
51
—
Planning review of building permits
Actual cost of time and materials to be collected
at building permit issuance.
52
Tree Permit Clearance (Exemption)
201
53
—
Approval for Tree Removal (Tree
Removal Permit)
Actual cost of time and materials to be billed
against an initial deposit of $512
Notes on Fees:
1. For all fees that are based on actual cost of time - and - materials: City staff time is based on fully- burdened
hourly rate as updated periodically
2. For all fees that are based on actual cost of time - and - materials: If outside consultant is used, the actual
cost for the consultant will be passed through to the applicant and will include a 7% administrative charge
to cover City overhead costs specific to the processing of the project.
For any services that are not included in this fee schedule, City staffs fully- burdened hourly rate will be
used to calculate charges due.
4. For any services that are not included in this fee schedule and are performed by a consultant, the actual
cost of the consultant will be passed through to the applicant and will include a 7% administrative charge
to cover City overhead costs specific to the processing of the project.
(Rev. September 2012)
Page 5
Item No 8
s
Item No 8 %
iq
rnepnace repaiquernouvon
Plan Check $390..25 50% $ 95.00
Fireplace repair /demolition
— Inspection $365.75 50% $183.00
Garage.conversion
(residential) up to 400 SF -
nspection $350.00 l00% $35O.00
Plan Check &I
insulation
(Permit /Inspection); $129.56 so o% $129.50
Repairs, non - residential,
non- structural —Plan Check
Repairs, non- residential,
non- structural - Inspection
Item No 8
3
Electrical; subpanel <'oo at $84 00 100%
(Residential & ,Mc
Electrical subpanel > i.00 amps
(Residential & MFD) $110.25
Electrical subpanel s soo amps
$84-00
(Non - residential)
Electrical subpanel > soo amps
(Non- residential) $110.25
s00%
$84.00
$110.25
s00% $84.00
100% $110.25
;;F_AND . H,,:..:;..
.��..
F�CilERlf
...��.wt
b R�ERYt "'.
_
Tenant.Improvements
Up to 3 000
100%
500/0
Plan,:Check &
SF
:Inspection
"F "AND "H"
Tenant Improvements
Between
Plan Check &
i000 SF and
100%
75%
Inspection
S,000 SF
Item No 8
!!
0
Item No 8
■ Minor text edits in
• Mechanical, Electrical and Plumbing schedule
• Miscellaneous Fees Schedule
■ 6 corrections to fees regarding publishing
■ Planning review of building permits
■ Tree Permit Clearance & Tree Removal Permit
■ Planning and arborist services
■ Guidance that preserves trees, enhances property
values, increases safety, reduces costs
Tree Permit(
Exemr
Approval forTree
Removal /Tree
Removal Permit
Actual cost of
time and
materials
$512'25 1Oo% charged against
an initial deposit
Of $512.25
Item No 8
C
R
■ Met with The Construction Coalition
(TCC) at August 2012 board meeting
■ Consulted with TCC subcommittee
■ Cost of services study available to public
Item No 8
0
�OVI4LAT..PA,k ITEM NO. 9
62
Mission Statement
"We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow."
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
Meeting Date: September 11, 2012
Department: Community Services
Submitted By: John McArthur, Director of Public Works and Community Services
Prepared By: Guy Miller, Community Services Manager
Agenda Title: Public Hearing on Adoption of Amendments to Certain Proposed
Community Facilities User Fee Schedule
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a resolution approving a modified
recreational facility rental and program user fee schedule and superseding Resolution No.
2010 -27.
BACKGROUND:
The Community Services staff annually evaluates the fees charged for various facilities and
programs and makes recommendations for adjustments. The recommendations are based on
current market rates and actual costs to deliver services. Annual surveys of other local agencies
are done to determine current market rates and trends.
The proposed 2013 Community Services Fee schedule is attached for approval. This schedule
details current and recommended program, facility, and event fees and specific justification for
adjusting each fee. This proposal was introduced to the City Council at the August 28, 2012
meeting and has been revised based on recommendations from the City Council. For example,
the Sunday discount was changed to 25% at City Council recommendation.
PROPOSAL:
Most public recreational facilities are not full cost - recovering and typically have some sort of
impact on the General Fund. The Community Services Department establishes appropriate fees
to help offset this General Fund impact while still providing affordable rental and program
opportunities for our residents. The Department's operating cost - recovery level is approximately
80% which is very high for public facilities and programs. While many of the direct and indirect
operating expenses are recovered, our facilities are aging and are in need of capital repairs and
improvements. These growing capital needs were previously identified as unfunded liabilities
and were amortized and funded in the Community Services Capital Improvement Program. A
significant funding source for this program will come from an operating expense transfer to the
capital program. Thus staff recommends including these capital expenses into the fee schedule
at a future date.
ITEM NO. 9
The following changes to various Community Facilities are proposed (please see the attached fee
schedule for more detail).
Community Center
1. The Multi -Use Room rentals would increase by $5.00 per hour to help recover
projected higher operating expenses.
2. A new Sunday discounted hourly rate is being proposed in an attempt to stimulate more
Sunday rentals.
3. A flat fee for artist's receptions would be established in conjunction with the lobby art
displays.
The total revenue generated from these fee increases is estimated at $3,200 without including
possible new Sunday rentals.
Swimming Pools
1. The cost of lessons offered at Benicia Pool would be reduced by $10.00. This is an
attempt to stimulate more lessons held at this pool which were poorly attended last
year. The lesson cost at Honeybee Pool would remain unchanged.
2. The fee for private pool parties would increase by $5.00 per hour to recover a higher
proportion of staff costs.
The total revenue generated from the private pool rentals is $2,000. Any increase in revenue
from the discounted swim lessons at Benicia Pool can only be determined after the fees have
been established. The discounted swim lessons would be offered on a trial basis for one season
so that the effect on revenue and cost recovery can be reevaluated after a year.
Civic Center Plaza and Community Center Square
1. The rental fee for special events held in the plaza area would be raised by $100 per day.
This increase is recommended to recover actual costs for use as a rental facility.
The Civic Center Plaza and Community Center Square are seldom rented or used for non -City
sponsored events; therefore, the total revenue generated from these fee increases is estimated at
only $200.
Callinan Sports & Fitness Center
1. Increase the rental rates for adult events which charge admission fees. This proposal
raises the hourly rental rate for commercial events in which admission is charged. The
increase applies to events which cater primarily to adults and are sponsored by a for -
profit organization. Examples include boxing and martial arts events; this increase
would not apply to non - profit organizations or youth events. This proposed increase is
needed to recover increased overhead costs of the facilities including maintenance
repair and replacement.
2. Increase the rental rate for Local Youth Groups and Out -of -Town youth groups by $5
per hour. This increase is necessary to cover increased overhead costs as described
above.
2
ITEM NO. 9
3. Establish a half -gym rate of $15 per hour to allow youth groups to only rent one -half of
the gym. This allows a rental court for basketball while still providing another court for
members and drop -in play.
Athletic Fields
1. The proposed changes for the athletic fields are related to how we determine the time of
day we begin to charge for light fees. In the past, we charged light fees beginning at
7:00 pm regardless of the actual hour of sunset. Under the proposed schedule we will
charge for lights beginning one -half an hour before the actual sunset as determined by
local sunset charts. This change will result in slight increases for some groups and
reductions for others depending on the season of play. There is no actual increase in
fees, only the method of calculation. This is a more accurate and equitable method of
determining fees.
2. A refundable security /cleaning deposit will be required for Class 4 and 5 rentals. This
will provide the necessary deposit in the event that tournament sponsors do not return
the facility to its original condition and City forces are necessary to perform clean -up or
repairs.
Staff does not expect any additional revenue from this fee adjustment. The new field rental fees
would not go into effect until the sports organizations have the opportunity to adjust their
registration fees to absorb any increases in cost.
Fee Schedule
The fee schedule has previously been adjusted on an as- needed basis, and not necessarily on a
calendar or fiscal year basis. Staff is recommending changing the practice of adjusting fees from
an as- needed method to a fiscal year basis. The advantage of shifting to a fiscal year schedule
would be to better align changes in the fee schedule with the budget year. This change would
also eliminate the overlap in different fee schedules through fiscal years and would thus help
with more accurate revenue forecasting and budget preparation.
The proposed fees in the attached schedule would not go into effect until January 1, 2013. Since
many events and venues are booked six to nine months in advance, implementing the new fee
schedule prior to the start of the next fiscal year would be problematic.
FISCAL IMPACT:
The proposed fees should help increase the Department's cost recovery rate, partially fund
needed facility repairs, and decrease the burden on the City's General Fund.
Staff estimates that the proposals discussed above would increase operating revenue by
approximately $11,000 /year.
These fees are not a tax subject to the voting requirements of Proposition 26 because it is a
reasonable charge imposed for use of local government property and confers a specific benefit
directly to the payer that is not provided to those not charged. Schedule A: Fee Increases vs. Cost
of Services, demonstrates the fees do not exceed the reasonable cost of providing the service.
3
ITEM NO. 9
ENVIRONMENTAL IMPACT:
Because the purpose of adopting this resolution is to amend an existing fee schedule to recover
the City's actual costs in making public facilities available, staff has determined that the adoption
of this resolution is exempt from the California Environmental Quality Act as this action is not
considered a "project" as defined in California Code of Regulations, Title 14, Chapter 3, Article
20 Section 15378(b)(4), which excludes government funding mechanisms.
Department Head Approval Date: 8/27/12
City Manager Approval Date: 8/27/12
City Attorney Approval Date: 9/04/12
Attachments:
Projected Excess (Deficiency) of Revenues
Resolution 2012 -106
Exhibit A: 2013 Proposed Community Services Fee Schedule
Public Notice
PROJECTED EXCESS (DEFICIENCY) OF REVENUES
FOR COMMUNITY SERVICES FACILITIES UNDER 2013 FEE SCHEDULE
REVENUES:
Charges for services
TOTAL REVENUES
EXPENDITURES:
TOTAL EXPENDITURES
EXCESS (DEFICIENCY) OF REVENUES
OVER (UNDER) EXPENDITURES
ANNUAL CAPITAL IMPROVEMENT COSTS"
TOTAL OVER (UNDER) EXPENDITURES
TOTAL PROPOSED FEE INCREASE
OVER (UNDER) EXPENDITURES AFTER
FEEINCREASES
*Annual Capital Improvements based on
2012 -2013 Capital Improvements Program.
Annual costs represent a five to 30 year
amortization schedule.
Sports Swimming Community- -
Center Pools Center
$ 574,500 $ 137,500 $ 290,000
574,500 137,500 290,000
524,276 320,686 403,610
524,276 320,686 403,610
50,224 (183,186) (113,610)
81,000
9,800
(30,776) (183,186)
(123,410)
5,000 2,000
3,200
$ (25,776) $(181,186) $ (120,210)
RESOLUTION NO. 2012 -106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THE MODIFIED RECREATIONAL FACILITY RENTAL AND
PROGRAM FEES SCHEDULE AND SUPERSEDING RESOLUTION NO. 2010-27
WHEREAS, Resolution No. 2010 -27 of the City Council of the City of Rohnert Park ( "City ")
amending certain recreational facility rental and program fees was adopted on April 13, 2010;
WHEREAS, Rohnert Park Municipal Code Chapter 3.32, "Cost- Recovery — Fee and Service
Charge System," provides for the "establishment of a fee system to recover costs of the City in providing
certain services, products and regulatory activities," including regular review of fees to assure that they
"continue to recover the reasonable and proportional share of costs from applicants requesting services,"
and providing authority for the Council "to establish such fees by resolution to support the costs of
providing the service or services" requested by user;
WHEREAS, City staff has conducted an analysis of the costs of making various recreational
facilities and programs available to users, such as the Community Center, Senior Center, Burton Ave.
Recreation Center, Ladybug Recreation Center, Senior Center, and swimming pools, and has determined
that the fee schedule requires modification; and
WHEREAS, it is in the interests of the City to operate in a fiscally responsible manner, and
WHEREAS, the cost of operating certain public facilities and programs have increased due to
increases in utilities, staffing, maintenance, and administrative overhead; and
WHEREAS, the City wishes to keep these facilities in good operating condition and maintain
them in a manner which creates an excellent user experience for the residents; and
WHEREAS, in certain circumstances, it is preferable to reduce recreational facilities and
program fees below the total cost to provide the service in order to facilitate use of those facilities and
programs;
WHEREAS, the City wishes to adjust its rental and user fees to an amount that does not exceed
the reasonable cost for the service or benefit provided and to charge this cost on those who are provided
the service or benefit;
WHEREAS, on August 28, 2012, the City Council of the City of Rohnert Park reviewed the
draft modified fee schedule and supporting data during a scheduled public meeting and provided further
guidance on the development of the new and modified fees;
WHEREAS, at its regular meeting of September 11, 2012, the City Council reviewed the
proposed revisions to the fee schedule and considered all facts relating to the modified fee schedule,
including a staff report, presentation, and public comment at a duly noticed public hearing and found that
the proposed fee schedule bears a fair relationship to the payer's burdens or benefits and does not exceed
the reasonable costs of the services or benefits provided;
JH- S:05 -d
WHEREAS, reporting accordance with state law, the cost of services study and proposed fee
schedule were made available for public review at least ten (10) days prior to the meeting at which the
fee schedule was to be adopted;
WHEREAS, the City published notice for adoption of the fee schedule amendments in
accordance with state law;
WHEREAS, the modified fees are not a tax subject to the provisions of Article XII of the
California Constitution as amended by Proposition 26, but are an exception under Sections 1(e)(1), (2),
(3), and (4) of Article XIII C. Nor are the fees Development Impact Fees (imposed as a condition of
approval of development).
NOW, THEREFORE, the City Council of the City of Rohnert Park DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Recitals. That the above recitals are true and correct and material to this
Resolution.
Section 2. Environmental Clearance. The adoption of this Resolution is exempt from the
California Environmental Quality Act as this action is not considered a "project" as defined in California
Code of Regulations, Title 14, Chapter 3, Article 20 Section 15378(b)(4), which excludes government
funding mechanisms.
Section 3. Adoption of Fees. That it does hereby authorize and approve certain adjustments
to the recreation facility rental and program fees; which are more particularly specified in the fee
schedule attached hereto as Exhibit A and incorporated by this reference. This schedule shall supersede .
Resolution No. 2010 -27 and go into effect January 1, 2013.
Section 4. Constitutionality. If any action, subsection, sentence, clause or phrase of this
Resolution or the fees levied by this Resolution shall be held invalid or unconstitutional by a court of
competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this
Resolution or the fees levied by this Resolution that can be given effect without the invalid provisions.
DULY AND REGULARLY ADOPTED this 11 m day of September, 2012.
ATTEST:
City Clerk
AHANOTU: BELFORTE:
AYES: (
CITY OF ROHNERT PARK
CALLINAN:
NOES: ( ) ABSENT:(
(2)
Mayor
STAFFORD:
ABSTAIN:
MACKENZIE:
EXHIBIT A
2012 Proposed Community Services Fee Schedule
Date of Last ,Cash/Year Fiscal- -
Program /Facility Classification Current Fee Proposed Fee Increase Jmpact Comments
CLASSIFICATIONS
A. City /School /Resident Youth Groups
B. Resident Non - Profit Groups
C. Resident Private and Church Groups
D. Non- Resident, Non - Profit Groups
E. Non - Resident Private & Church Groups
F. Commercial
COMMUNITY CENTER - MULTI USE ROOM
Damage Deposit
Clean -up Fee
Hourly Rentals (Mon -Sat)
Hourly Rentals (Sunday)
Kitchen (flat)
2nd Facility Attn. (flat)
COMMUNITY CENTER LOBBY
Flat fee
Art Reception (1 hour max)
A
$400.00
1999
B
$400.00
1999
C
$400.00
1999
D
$400.00
1999
E
$400.00
1999
F
$400.00
1999
All
$95.00
2010
A
$40.00
$45.00
2004
B
$70.00
$75.00
2007
C
$90.00
$95.00
2007
D
$100.00
$105.00
2007
E
$115.00
$120.00
2007
F
$140.00
$145.00
2007
A
n/a
$35.00
n/a
B
n/a
$65.00
n/a
C
n/a
$85.00
n/a
D
n/a
$95.00
n/a
E
n/a
$110.00
n/a
F
n/a
$135.00
n/a
All
$100.00
2007
All
$30.00
2007
All
$100.00
2007
All
$20.00
n/a
Note: Only those fees shown in bold are subject to increases in this proposal.
All other fees are existing and will remain unchanged.
$Y0 The Community Center is currently not -cost recovering. This increase will
$650 bring us closer to recovering our true costs and allow for increases in utilities,
$850 maintenance and repairs.
$200
$1,400
$0
Unknown Sundays are typically not rented. This is a reduction in the regular rental rate to
Unknown stimulate Sunday rentals by offering a reduced rate.
Unknown
Unknown
Unknown
Unknown
This is a new fee to cover additional staff time in conjunction with lobby art
$100 displays
9/5/2012 1
EXHIBIT A
2012 Proposed Community Services Fee Schedule
Date of LastrCashlYear Fiscal
Program /Facility Classification Current Fee Proposed Fee Increase'- Impact Comments"
COMMUNITY CENTER PATIO
Hourly Rental ($100 deposit) All $100.00 2007
COMMUNITY CENTER OUTDOOR WEDDING AREA
Flate Rate All $200.00 2010 Must reserve the Multi -Use Room also
COMMUNITY CENTER PLAZA
Application Fee All $10.00 Non - refundable
Minor Event All $300.00 See application for event sizes
Major Event All $750.00 $850.00 $300 Existing $1000 Damage Deposit. Special event rentals have required significant
staff administrative time. This increase will help offset this cost and brings the
rental rate in -line with the local market for special event venues.
COMMUNITY CENTER - MEETING ROOM 2 AND LOUNGE
Damage Deposit A B
$200.00
2007
C D E F
$200.00
2007
Clean -up Fee A
n/c
1996
B C D E F
$55.00
2004
Rental (flat) A
$25.00 hourly
2010
Rental (hourly) B
$35.00
2002
C
$45.00
2002
D
$50.00
2002
E
$55.00
2002
F
$70.00
2002
COMMUNITY CENTER - MEETING ROOM #2 #3 CRAFTS ROOM #1 GARDEN ROOM OR LOUNGE
Damage Deposit
All
$100.00
2007
Clean -up Fee
A
n/c
1996
BCDEF
$40.00
2004
Rental
A B
$25.00 hour
2007
Friday, Saturday or Sunday Uses
A
$10.00 hourly
2010
Monday - Thursday
B
$15.00 hourly
2010
Two hour minimum
C
$35.00
2002
D
$40.00
2002
E
$45.00
2002
F
$50.00
2002
9/5/2012 2
EXHIBIT A
2012 Proposed Community Services Fee Schedule
Date of Last Cash/Year'Fiscal
Program /Facility Classification Current Fee Proposed Fee Increase Impact Comments
COMMUNITY CENTER MEETING ROOM #1 OR CONFERENCE ROOM
Damage Deposit A B $25.00 1999
C D E F $25.00 1996
Rental A B
$25.00 hour
2007 Friday, Saturday or Sunday Uses
A
$10.00 hourly
2010 Monday - Thursday
B
$15.00 hourly
2010
C
$25.00
2002
D
$30.00
2002
E
$35.00
2002
F
$45.00
2002
COMMUNITY CENTER MISCELLANEOUS EQUIPMENT
Piano (flat per use)
All
$25.00
1996
Coffee pot (30 cup) - each
All
$7.00
1996
Coffee pot (100 cup) - each
All
$10.00
1996
Santa suit
All
$25.00
1996
VCR11 V and cart
All
$25.00
1996
BURTON AVENUE RECREATION CENTER
Damage Deposit
A
n/c
1996
B C
$400.00
1999
D E F
$400.00
1996
Clean -up Fee
A
$80.00
2007
B
C D E F
$80.00
2002
Rental (weekend only)
A
$50.00
2007
Rental (Monday- Thursday)
A
$10.00 hourly
2010
Rental (hourly)
B
$60.00
2007
C
$70.00
2007
D
$80.00
2007
E
$90.00
2007
F
$110.00
2007
LADYBUG RECREATION BUILDING
Damage Deposit
A B
$50.00
1999
C
$50.00
1999
D E F
$50.00
1999
Rental (flat)
A
$10.00
2003
Rental (flat)
B
$15.00
2002
Rental (hourly)
C
$20.00
1999
D
$20.00
1999
E
$25.00
1999
May be required for some events.
Flat Rate, Monday - Thursday
May be waived for some events.
Flat Rate, Monday - Thursday
9/5/2012 3
EXHIBIT A
2012 Proposed Community Services Fee Schedule
Date of Last Cash/YearFiscal
Program /Facility
Classification
Current Fee Proposed Fee
Increase-
Impact Comments'
2007
F
$30.00
1999
A
SENIOR CENTER ACTIVITY ROOM (4 hour minimum)
2007
B C D E F
$50.00
Damage Deposit
A
n/c
1996
May be charged for some events.
$30.00
B
$400.00
1999
2007
D
C
$400.00
1999
$55.00
2007
D E F
$400.00
1999
Clean -up fee
A
$95.00
2007
May be charged for some events (see classification B)
BCDEF
$80.00
2002
Rental (hourly)
A
$30.00
2007
After 5 or on weekends, charged B classification rates.
B
$40.00
2007
C
$55.00
2007
D
$65.00
2007
E
$75.00
2007
F
$85.00
2007
2nd Facility Attn. (flat)
All
$25.00
2007
For events after 12 a.m. for groups with 100 or more.
SENIOR CENTER DINING ROOM
Damage Deposit A $100.00 2007 May be charged for some events.
Clean -up Fee
Rental (hourly)
SENIOR CENTER CLASS ROOM
Damage Deposit
Clean -up Fee
Rental (hourly)
A
$80.00
2007
B C
$100.00
2007
D E F
$100.00
2007
A
$50.00
2007
B C D E F
$50.00
2007
A
$20.00
2007
B
$30.00
2007
C
$45.00
2007
D
$50.00
2007
E
$55.00
2007
F
$65.00
2007
A
$80.00
2007
B C
$80.00
2007
D E F
$80.00
2007
A
$30.00
2007
B C D E F
$30.00
2007
A
$15.00
2007
B
$25.00
2007
C
$30.00
2007
D
$35.00
2007
May be charged for some events.
May be charged for some events.
Groups do their own clean -up.
After 5 or on weekends, charged B classification rates.
9/5/2012 4
EXHIBIT A
9/5/2012 5
2012 Proposed Community Services Fee Schedule
Date of Last dash/Year Fiscal
Program /Facility
Classification
Current Fee
Fee Increase Impact Comments
E
$40.00
2007
F
$45.00
2007
SENIOR CENTER KITCHEN
Rate per use
A
$100.00
2007 Flat Rate per use.
B
$100.00
2007
C
$100.00
2007
D E F
$100.00
2007
SENIOR CENTER MISCELLANEOUS EQUIPMENT
Coffee urn (30 cup) - each
All
$10.00
2007
Coffee urn (55 cup) - each
All
$15.00
2007
Coffee urn (100 cup) - each
All
$20.00
2007
P.A. system /2 microphones
All
$25.00
2007
TVNCR
All
$25.00
. 1996
Piano
All
$30.00
2007
Podium
All
n/c
1996
Flags (Calif. & U.S.)
All
n/c
1996
9/5/2012 5
EXHIBIT A
2012 Proposed Community Services Fee Schedule
Date of Last- CasfiNear Fiscal
Program /Facility Classification Current Fee Proposed Fee increase Impact Comments
PICNIC AREAS
Groups of 20 & under
$40.00
2010
Resident fees
21 -50 people
$50.00
2010
Resident fees
51 -100 people
$100.00
2010
Resident fees
101 -200 people
n/a
2010
Plus $100 damage deposit - Resident fee
Groups of 20 & under
$55.00
2010
Non- resident fees
21-56 people
$75.00
2010
Non- resident fees
51 -100 people
$125.00
2010
Non - resident fees
101 -200 people
n/a
2010
Plus $100 damage deposit - Non - resident fee
GROUP PICNIC AREAS
Alicia Park 1 -100 people
$125.00
2010
Resident fees
Alicia Park 101 -200 people
$150.00
2010
Plus $100 damage deposit - Resident Fees
Alicia Park 201 -300 people
$200.00
2010
Plus $100 damage deposit - Resident Fees
Alicia Park 301 or more
$250.00
2010
Plus $100 damage deposit - Resident Fees
Alicia Park 1 -100 people
$175.00
2010
Non- resident Fees
Alicia Park 101 -200 people
$200.00
2010
Plus $100 damage deposit - Non - resident Fees
Alicia Park 201 -300 people
$250.00
2010
Plus $100 damage deposit - Non - resident Fees
Alicia Park 301 or more
$300.00
2010
Plus $100 damage deposit - Non - resident Fees
PARK RESERVATIONS
Youth Day Camps
$25.00
2007
TENNIS COURTS
Private rentals
$25.00
1999
Per court/per day
Tennis Club
$1.00
2009
Per court/per hour
SPECIAL EVENT USES
Community Center grass
$100.00
2010
Park areas other than picnics
$150.00
2010
For special events, i.e., weddings, etc.
Refund /Change Processing Charge
$10.00
2007
9/5/2012 6
EXHIBIT A
2012 Proposed Community Services Fee Schedule
Date of Last Cash/Year Fiscal
Program /Facility Classification Current Fee Proposed Fee Increase Impact Comments
CALLINAN SPORTS & FITNESS CENTER
MEMBERSHIPS
Teen EFT
$14.00
2009
Adult EFT
$24.00
2009
Senior EFT
$14.00
2009
Disabled EFT
$14.00
2009
Family EFT
$55.00
2009
Junior Annual
$30.00
2009
Teen Annual
$168.00
2009
Adult Annual
$288.00
2009
SeniorAnnual
$168.00
2009
Disabled Annual
$168.00
2009
Family Annual
$660.00
2009
Membership Card Fee
$3.00
2009
DROP -IN
General
$8.00
2000
Volleyball Only
$4.00
2007
Disabled
$4.00
2007
MISCELLANEOUS FEES
Racquet or Ball Rental
$0.50
1995
Monthly Locker Rental WEFT
$4.00
2009
Yearly Locker Rental
$48.00
2009
Childcare, per child /per hour
$2.00
2009
Resident Card Fee
$15.00
2003
ROOM RENTALS
Main Gym - Adult Commercial (admission fee)
$60.00
$110.00
2000
Main Gym - Local Youth Group
$20.00
$25.00
2008
Main Gym - Out of Town Youth Group
$25.00
$30.00
2008
Main Gym - Local Youth Half Gym Only
$15.00
n/a
Activity Room - Hourly
$25.00
2008
Childcare Room - Hourly
$20.00
2008
Ages 14 -17
Ages 18 - 59
Ages 60+
16 years and over
$3,000 Due to Ws age, the Sports Center is in need of costly repairs and
improvements. Taking this into consideration, the center is not actually cost -
$1,000 recovering. This increase will help generate revenue and is well- within local
$500 market rates for gymnasium time.
$500
9/5/2012 1 7
9/5/2012 8
EXHIBIT A
2012 Proposed Community Services Fee Schedule .
Date of Last Cash/Year Fiscal
Program /Facility Classification
Current Fee
Proposed Fee Increase Impact
Comments
SWIMMING POOL FEES
GENERAL ADMISSION
5 and Under Non - Swimmer
Free
Accompanied by an adult
Adult
$5.00
2010
Ages 18 through 59
Youth
$4.00
2010
Ages 6 through 17
Senior Citizens
$4.00
2010
Age 60 and older
Disabled
$4.00
2010
Lap Swim
$5.00
2010
Family Night
$8.00
2010
Per family - limit of 6
Last Hour of Public Swim
1/2 price
FAMILY SWIM PASSES
Summer
$260.00
2010
Up to six family menbers
INDIVIDUAL SEASON PASSES
Summer
$130.00
2010
INDIVIDUAL SEASON PASSES
SENIOR/DISABLED
Summer
$80.00
2010
RESIDENTIAL DAY CARE
Summer Season Pass
$300.00
2007
Up to 12 children plus supervisors
DISCOUNT SWIM PASSES
Adult
$40.00
2010
10 swims
Youth
$30.00
2010
10 swims
Senior /Disabled
$30.00
2010
10 swims
SWIM SCHOOL
First Two Swimmers (ea.) Honeybee Pool
60.00
2010
2 week session
Additional Swimmers
52.00
2010
2 week session
First Two Swimmers (ea.) Benicia Pool
50.00
New Unknown
New fee to stimulate sales of swim lessons at B -Pool. Pools are not cost -
Additional Swimmers
42.00
New Unknown
recovering.
Non - residents (additional)
$7.00
2000
PRIVATE LESSONS
1 Student/1 Lesson
$25.00
2001
1/2 hour lesson
2 Students /1 Lesson
$30.00
2001
1/2 hour lesson
1 Student/5 Lessons
$100.00
2001
9/5/2012 8
EXHIBIT A
2012 Proposed Community Services Fee Schedule
Date`of Last :'Gash/YearFiscal
Program /Facility
Classification
Current Fee
Proposed Fee
Increase
Impact Comments
2 Students /5 Lessons
$120.00
2001
POOL RENTAL RATES
1 -25 Persons
$90.00
95.00
2008
$500 Per hour w /staff Fee will help offset increases inutility and staffing
26 -50
$105.00
110.00
2008
$500 Per hour w /staff costs and be more in -line with local market rates.
51 -100
$120.00
125.00
2008
$500 Per hour w /staff
101 -150
$130.00
135.00
2008
$500 Per hourw /staff
CITY CENTER PLAZA
Application Fee
All
$10.00
Non - refundable
Minor Event
All
$300.00
See application for event sizes
Major Event
All
$750.00
$850.00
$200 Existing $1000 Damage Deposit. Special event rentals have required significant
staff time. This increase will help offset this cost and brings the rental rate in-
line with the local market for special event venues.
FARMERS MARKET
Application Fee (all pay)
$25.00
2010
Certified Farmers
10% of gross
2010
Minimum $5. Not to exceel $30.
Plaza Food Vendors
$50.00
2010
Per day
All other Plaza Vendors
$30.00
2010
Per day
Non - Profit Organizations
$10.00
2010
Per day
ROBERTS LAKE BRICK MEMORIAL
Per engraved brick
$100.00
2010
Actual brick cost is $66
Second Keepsake Brick
$50.00
2010
ARTS & MUSIC FESTIVAL
Crafts Vendor
All
$50.00
2010
Food Vendor (multiple offerings)
$250.00
2010
Food Vendor (one item offered)
$50.00
2010
HOLIDAY CRAFTS FAIRE
Vendor booth (2 days)
All
$100.00
2010
Electrical outlet
$20.00
2010
8 foot table
$20.00
2010
9/5/2012 9
NOTICE OF PUBLIC HEARING
NOT ICE IS HEREBY GIVEN that the City Council of the City of Rohnert Park will
be holding a PUBLIC HEARING.
WHERE: Rohnert Park City Hall — Council Chamber
130 Avram Avenue
Rohnert Park, California
WHEN: Tuesday, September 11, 2012 not before 6:00 p.m. or as soon
thereafter as the matter is reached on the agenda.
PURPOSE: To receive public comment on a proposal to adopt new fees for
the use of certain recreational facilities and programs. The fees
are intended to cover the cost of operating these facilities and
programs. This proposal recommends fee increases for the
rental of the Community Center, City Center and Community
Center Plazas, Callinan Sports & Fitness Center and private
swim parties at the local pools. The proposal also reduces the
fee for swim lessons at Benicia Pool and adjusts the method for
calculating fees charged for lights at on the athletic fields.
All interested persons are invited to attend the hearing and be heard or submit
written comments prior to the close of the hearing.
A copy of the 2013 Proposed Community Services Fee Schedule can be found on
the City's website (www.ci.rohnert- park.ca.us). Copies are also available at the City
Clerk's Office. If the City Council approves the proposed changes, the new fees
would take effect in January of 2013.
The staff report, which is also available on the City's website, identifies the purpose of
the proposed fee, the use to which it will be put, and demonstrates why the proposed
fees do not exceed the estimated reasonable cost of providing the facilities for which
the fees are imposed. In short, the fees are designed to recover the operational costs of
keeping the recreational facilities open to the public.
If you have questions please call Guy Miller, Community Services Manager, (707)
588 -3488 or gmiller @rpcity.org.
NOTE: If you challenge this matter in court, you may be limited to raising only those
issues your or someone else has raised at the public hearing described in this notice, or
in written correspondence delivered to the City of Rohnert Park at, or prior to, the
public hearing.
Dated: August 24, 2012 JoAnne Buergler, City Clerk
Published: August 31 and September 7, 2012
ITEM NO. 10
Mission Statement
"We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow."
CITY OF ROHNERT PARK
CITY COUNCIL. AGENDA REPORT
Meeting Date: September 11, 2012
Department: Administrative Services
Submitted By: Gabriel A. Gonzalez, City Manager
Prepared By: Beth Lidster, Administration
Agenda Title: Sonoma County Library Commission Ad Hoc Committee Appointment
RECOMMENDED ACTION:
Appoint a representative to serve on the Sonoma County Library Commission Ad Hoc
Committee to consider revisions the Joint Powers Agreement
BACKGROUND
At the August 9, 2012 Mayors' and Councilmembers' Board of Directors meeting, a discussion
was held regarding the Sonoma County Library Joint Powers Agreement (JPA).
County Supervisors Valerie Brown and Mike McGuire were in attendance. Supervisor McGuire
suggested the creation of an ad hoc committee of mayors and councilmembers to consider
revisions to the JPA.
Following discussion, which included the desire for each jurisdiction to be represented on such a
committee, the Mayors' and Councilmembers' Board of Directors requested that each city
council appoint an individual to serve on the ad hoc committee to consider revision of the
Library JPA Agreement. The council- appointed representative may be a councilmember, city
staff member, or other individual as designated by each council.
The Committee is to be comprised of 11 members: 9 representing one from each city; 1 from the
County; and 1 from the Library Commission. The goal is to have each appointment reported to
the County Administrator by September 20, 2012.
ANALYSIS
N/A
OPTIONS CONSIDERED
N/A
FISCAL IMPACT/FUNDING SOURCE
None.
STAFF RECOMMENDATION:
Council appoint Councilmember Ahanotu, Library Advisory Board Liaison, to serve on the
Sonoma County Library Commission Ad Hoc Committee.
1
Department Head Approval Date: 8/30/12
City Manager Approval Date: 8/30/12
City Attorney Approval Date: NA
Attachments (list in packet assembly order):
w
ITEM NO. 10
Item I I.A.1
ROHNERT PARK CITY COUNCIL
WASTE and RECYCLING COMMITTEE SPECIAL MEETING
SPECIAL MEETING
AGENDA
Tuesday, September 11, 2012
11:00 a.m.
Meeting Location:
City Council Chamber
130 Avram Avenue; Rohnert Park, CA 94928
Committee Members: Pam Stafford, Vice Mayor
Amy Ahanotu, Councilmember
City Staff: John McArthur, Public Works & Community Services Director
Samantha Till, PT Administrative Assistant
REGULAR. SESSION — Open to Public
1) Call to Order
2) Presentation
Single Use Carryout Bag Waste Reduction Ordinance by Henry J. Mikus, SCWMA
Executive Director
3) Public comments
Anyone wishing to address the Committee regarding any item (either listed or not listed) on
the agenda may do so at this time. Each speaker will be allotted three minutes.
4) Adjournment
DISABLED ACCOMMODATION: If you have a disability which requires an interpreter or other person to assist you while attending
this meeting, please contact the City Offices at (707) 588.M6 at least 48 hours in advance.
Any writings or documents related to items of business referred to on this Agenda that are subject to disclosure and distributed
with the agenda or handed out at the meeting will be available for public inspection in the City Manager's Office at 130 Avram
Avenue, Rohnert Parr CA during normal business hours.
Posted in accordance with state law.
Fw: sewer service to the casino - Yahoo! Mail
Council:
Co
40�r-� !. A 1 L mm A =end
Classic
Copy to:
Fw: sewer service to the casino Fd V A
From: "Dave Grundman" <dave_pat_1999 @yahoo.com>
To: "Jake Mackenzie" <blumaciazz @aol.com >, "Pam Stafford"
<pstafford @rpcity.org >, "Gina Belforte" <g be [forte@ rpcity. org >, "Amy Hanotu"
<aahanotu @rpcity.org >, "Joe Callinan" <jcallinan @rpcity.org>
Cc: "Eunice Edgington" <sienal @sonic.net >, "Betty Fredericks" <mofredl @aol.com >,
"Dawna Galiager" <dawnagal @bigplanet.com >, "Cassandra Lista"
<clista @sonic.net >, "Linda Long" <walkalong @comcast.net >, "Dan Monte"
<danmonte93 @yahoo.com >, "Libby Moss" <elizamo @comcast.net >, "Larry
Resnick" <NsubRE @juno.com >, "Amy Richards" <amyrichards @comcast.net >,
"Tom Scott" <jeito500 @yahoo.com >, "Loretta Smith"
<loretta.smith.k12 @ gmail.com>, "Nathan Verbiscar- Brown"
<NateVBrown @gmail.com >, "Jessica Wentz" <jess.wentz @gmail.com>
i File (455KB)
i
2012- 06 -...
This one has the attached copy of the letter to Santa Rosa
— On Fri, 7/13/12, Dave Grundman <dave pat 1999(a)vahoo.com> wrote:
Pagel of 2
• From: Dave Grundman <dave pat 1999(a)vahoo.com>
• Subject: sewer service to the casino
• To: "Jake Mackenzie" <blumaciazzO- aol.com >, "Pam Stafford" <pstafford(o)rpcitv.org>, "Gina Belforte" <gbelforte(g)rpcitv.org >,
"Amy Hanotu" <aahanotu ()rpcitv.orq >, "Joe Callinan" <icallinan0- rpcity.orq>
> Cc: "Amy Richards" <amvrichards(a)-comcast. net >, "Betty Fredericks" <mofred1na.aol.com >, "Cassandra Lista"
<clista(d)sonic.net >, "Dan Monte" <danmonte93(aD-vahoo.com >, "Dawna Gallager" <dawnagaI a)bigPIanet.com >, "Eunice
Edgington" <siena1(Qsonic.net>, "Jessica Wentz" <iess.wentz o gmail.com>, "Larry Resnick" <NsubRE(cDiuno.com >, "Libby
Moss" <elizamo(a)comcast.net >, "Linda Long" <walkalong(cDcomcast.net >, "Loretta Smith" <loretta.smith.k12(a)gmail.com >,
"Nathan Verbiscar - Brown" <NateVBrown(a)-gmail.com >, 'Tom Scott"
<jeito500(c�yahoo.com>
• Date: Friday, July 13, 2012, 9:42 AM
• At the last city council meeting`` fi`
• there was a rush item with no public notice to furnish sewer
• service to the casino using capacity that the rate payers
• were forced to pay for (no public vote) herein after.
• proposal. The city council seemed to be unaware of the
• situation, however the attached letter from the city manager
• to the city of Santa Rosa appears to prove without a doubt
• that Rohnert Park has known about this situation for some
• time.
• This presents additional evidence to support my complete
• distrust of the city council. One of the following
• statements or a combination thereof can be proved:
> 1. The city council did not know anything about the
> proposal and the city manager is operating without
> direction, or
> 2. The city manager received direction from someone(s)
> such as the city council, to put the proposal together, or
> 3. A combination of items 1 and 2 exist.
• Certainly there exists a mechanisim by which the city
• manager can poll or otherwise advise the city council of the
• exixstance of an urgent situation. It is therefore
http: / /Us.mc528. mail. yahoo. com /mc /showMessage ?sMid =2 &fid= %25405 %254OSearch &filterBy = &s... 8/14/2012
Fw: sewer service to the casino - Yahoo! Mail
> suggested that the city council resind its past action and
> hold a properly noticed public meeting before giving away
> sewer capacity that belongs to the rate payers.
> if you like what the politicians are doing, please re -elect
> them, otherwise fire them!
Page 2 of 2
http: / /Us.mc528. mail. yahoo .com/ mc/ showMessage? sMid= 2& fid=% 2540S %254OSearch &filterBy = &s... 8/14/2012
SW Nm*AUer,W nWN rWM#
city council
Jake Mackenzie
Mayor
Pam Stafford
vice Mayor
Amy 0. Ahanotu
Gina Belforte
Joseph T. Callinan
CosncH Members
Gabriel A. Gonzalez
City Manager
Michelle Marchetta Kenyon
CHyA#Wy
Alexandra M. Barnhill
Ass Ward CriyAttorney
JoAnne Currie
City Clerk
Darrin W. Jenkins
Director of Development Services
/City Engineer
Brian Masterson
Director ofPubfac Safety
John McArthur
Dimctar of Public Works and
Community Senxes
June 6, 2012
Kathy Millison, City Manager
City of Santa Rosa
City Manager's Office
100 Santa Rosa Avenue, Room 10
Santa Rosa, CA 95404
Re: Provision of Wastewater Service to Graton Resort and Casino
Dear Kathy:
I am sending this courtesy notice to inform you that I am planning on taking to
the City Council of the City of Rohnert Park a proposal to provide wastewater
service to a major development project. The project is the Graton Resort and
Casino. The project area is within Rohnert Park's Sphere of influence and
Urban Growth Boundary and was planned for development in Rohnert Park's
2000 General Plan. The project will replace the uses included in the City's
2000 General Plan, with similar wastewater generation rates.
I am proposing that service will be provided via a Joint Exercise of Powers
Agreement between the City of Rohnert Park and the Federated Indians of
the Graton Rancheria as permitted by AB 307.
Provision of wastewater services in this manner is similar to historic
connections to the Rohnert Park sewer system from Sonoma State
University, Canon Manor, and Cotati.
My staff is working closely with your Industrial Waste Inspection staff to
ensure the project is consistent with our standards for wastewater facilities.
Sincerely,
Cry onm
t=srance firector
Gabriel A. Gonzalez
City Manager
130 Avram Avenue • Rohnert Park CA • 94928 • (707) 588 -2226 • Fax (707) 792 -1876
w,Vy,, J.rP �.6rq