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2011/07/26 City Council Agenda Packet City of Rohnert Park + 130 A vram Avenue + Rohnert Park, California 94928 Phone: (707) 588-2225+ FAX: (707) 792-1876+ WEB: www.rpcitv.org ROHNERT PARK CITY COUNCIL SPECIAL MEETING REVISED NOTICE AND AGENDA NOTICE IS HEREBY GIVEN that a SPECIAL MEETING of the ROHNERT PARK CITY COUNCIL will be held on Thursday, July 28, 2011 at 3:40 p.m. MEETING LOCATION: CITY HALL - COUNCIL CHAMBER 130 Avram Avenue, Rohnert Park, California 3:40 p.m. 1. CITY COUNCIL SPECIAL MEETING - Call to Order/Roll Call (Ahanotu _ Callinan_Mackenzie _ Stafford _ Belforte ~ 2. PUBLIC COMMENTS 3. RECESS TO CLOSED SESSION IN CONFERENCE ROOM 2A TO CONSIDER: A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code ~ 54957.6) Agency designated representative: Gabriel Gonzalez, City Manager Robnert Park Employees' Association (RPEA) Service Employees' International Union (S.E.I.U.) Local 1021 B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code ~ 54956.9) M&M Services, Inc. dba Pacific Sanitation v. City of Rohnert Park, et aI., Sonoma County Superior Court No. SCV -250020 C. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Government Code ~54956.9: One case 4. RECONVENE SPECIAL MEETING OPEN SESSION IN COUNCIL CHAMBER 5. MAYOR'S REPORT ON CLOSED SESSION (Government Code ~ 54957.1) 6. BUSINESS ITEM 1. Action to resolve the Impasse with Rohnert Park Employees Association in accordance with the City's Employer-Employee Resolution, Article IV and pursuant to Government Code Section 3505.4. 7. ADJOURNMENT DISABLED ACCOMMODATION: If you have a disability which requires an interpreter or other person to assist you while attending this City Council meeting, please contact the City Clerk's Office at (707) 588-2225 at least 72 hours prior to the meeting to ensure arrangements for accommodation by the City. Please make sure the City Clerk's office is notified as soon as possible if you have a: visual impairment requiring meeting materials to be produced in another format (Braille, audio-tape, etc.) ICity of Rohnert Park City Council Special Meeting Agenda (2 of 2) Julv 28. 2011 PUBLIC COMMENTS: For public comment on items listed on the agenda (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 CITY COUNCIL SPEAKE~~ na.e:2f 2:W[ I' Agenda Item #: Name: Ml~ .J:::>{~~O-4 Address: (001 er-.:1\~A8~ ~ J.fZ-~ . Phone: ~L)'1 ~41' 6-24~ 1 TOPIC: ~ ~~~~S Brief Summary of Comments: ~~N-v] oF1~C-~ l~ U:ht---t~~ ~~ ~.y ~~ A-T ~'"'O INtJ- l ~ See Reverse ~ . .._...' ~~~,_:::"_:"-,-,~:_~::o.:.:.::-=~~"'", CITY COUNCIL SPEAKER CARne ~ Date: Address: TOPIC: ~~~ .J- ~J Brief Summary of ommentP' ~~~ 0{ ~.,4 ,Z ~ ~f2~l€-cL.- See Reverse ~. CITY COUNCIL SPEAKER CARD ~ Date: Name: Address: Phone: TOPIC: 2,1 #11.1 Brief Summary of Comments: See Reverse ~ CITY COUNCIL SPEAKER CARDc.Jjj Date: 7 - 2- b - f ( Agenda Item #: Name: Wc?\ VV~r/ /'K?UfV1tl /VN Address: S,.3 S I He S,5;e> I t?c/ Phone: 7v 7 L/7 7-0 "bOO TOPIC: fV e/j t7 f I'c- felt/tV':::, Brief Summary of Comments: ,? 'tv"< M -('/Y i prr v..I t'... /1 Ci/ n-,...-v 1"1 c/VIr"'jI + dvd) -c f Y e' J. j n"? 11'C/~~ -I I ~~'J'Jc.cj~ See Reverse ~ CITY COUNCIL SPEAKER CARD (!J) Date: 7 -2 (P Agenda Item #: Name: Je.tAVl L estM~u.d Address: S7~ Dor~G\~ Or. '\1v.P. Phone: 7m ~ r80-1~ 3 Z TOPIC: S. [,l.U NeC\o\~~ \~ t'^ \ --.i Brief Summary of Comments: See Reverse ~ ~~:::::::IL SPEAKER CARD @) .. Date: 2-6 ft Agenda Item #: Do (.,{ G (Y) I ! 1(2/\ Name: Address: Phone: TOPIC:-fU ~(c ~~~ Brief Summary of Comments: See Reverse ~ CITY COUNCIL SPEAKER CARD Date: 7 - c 6 - ~l!/ " Agenda Item #: Name: D; If re...(Jv'\.f Address: -r" Lac '(/))(!' c f- Phone: 707 ~q3- ')769 ~ TOPIC: f!J'~/,- c (0 VV' """""I-J- Brief Summary of Comments: See Reverse ~ :~:~::_~~-:::,;~-':":~:;:':'::;~:':::;;-:::"Z:1:.---::i':;~':;2~;::r;:~:;Z:f2::;':;;:7c::"n7;"l,l::r;~,"F;:;.!"",;~~J:l}"~ @ CITY COUNCIL SPEAKER CARD Date: 7 - ;)(p ~ ]6/ ~genda Item #: Name: 17AvL CI}7Z~ Address: CJ. O'D 13 (<)J Phone: (] D '7) :l CZ(- 7 7! ,) TOPIC: ,:J?v /b Lf f!. (! 0 J/II! ///! (}~ Brief Summary of Comments: cS //r~ c:r ~ /.#&/( See Reverse ~ CITY COUNCIL SPEAKER CARD @ Date: ~~_ ;;;:da Item #: . Name: f ;( Ie-xc t1k-. , , Address: Phone: 46/(: ~~. TOPIC:- Brief Summary of Comments: CITY COUNCIL SPEAKER CARD UW Date: q ~ 2-10'" ZO II Agenda Item #: Name: 6teve Y\ (:z..C)'S:S Q~ e... Address: ~O b ~ D io. n e C-f- Phone: 707 ~ '8 '17' - ct525 TOPIC: r-e.Vld i r1 ~ Lu. bo r TC(I ks Brief Summary of Comments: tIV1 y do.l J Y c Ss i g Y1 V1Il e/lfs. Brief V\i.s-fev'y C!:)~ rLAb(ic Wooi'S" Jubo r ( MCl.V1U~em e.t'1 + ['~/4"fj,olf~ R e.~ ups ..f- .h,,/ ('LA +ur~ ; delI. S ~ Ioe C0r/15;<.!e,/ ~ c(. See Reverse ~ See Reverse ~ Date: Name: Phone: TOPIC: See Reverse ~ Date: CITY COUNCIL SPEAKER CARD Date: .., -2'8- ( I Agenda Item #: 0 ~c.e.. 9"Yl1-!h Address: PO ~ II~ Phone: ~ "Elrl . '=?::o~ I co ~, ~ ~ ': i: ~ Name: Name t2P Address: Phone: TOPIC: I2ftA ~oh~'-lvv--S TOPIC: ,(,fi-&J~ ~71A170L5 Brief Summary of Comments: ~ Brief Summary of Comments: ,t)U/5 (!t./Lyd,>- /Jtfi'I7\ ~5D~ , See Reverse ~ See Reverse ~ CITY COUNCIL SPEAKER CARD C>> Date: 7/ 'Z e (I I Agenda Item #: Name: f::yd.,.4?.... '( ~c..-i.i{fa Address: 772."3 Bevev k( t.Or'\Ie..- ( '::) ~JO Phone: ~ 792~ 434-'2- TOPIC: RP871 ~~vr Brief Summary of Comments: See Reverse ~ Sonoma County Library's HOLIDAY SCHEDULE AND CLOSED DAYS are currently being updated. We will list the days we will be closed when they are determined. OUTSI ®E ACCESS TO SONOMA COUNTY LIBRARY w 0 _m You can use the library system from your home or office.: � V V INTERNET VIA WORLD WIDE WEB: TELECIRC ACCESS: For access to your Borrower Account, dial: 566 -0281 (MAY BE LONG DISTANCE IN SOME AREAS). YOUR CHOICES: 1 RENEW 2 ITEMS ON LOAN / DUE DATE 3 REVIEW /CANCEL HOLDS 4 OVERDUE ITEMS 5 RECORD YOUR NAME # REPEAT OPTIONS * EXIT #501 7/11 l 6-Y-ji-W IrA effective August 1, 2011 HEALDSBURG REGIONAL 433 -3772 n M T W Th E S Sun CENTRAL LIBRARY 10 -6 10 -8 10 -6 10 -6 10 -4 Closed OCCIDENTAL (limited services) 211 E Street, Santa Rosa 9;5404 FAX 575 -0437 Closed 10 -6 10 -8 10 -6 10 -6 10 -4 2 -6 TDD;forhearing impaired 575 -1206 Closed Closed 12 -5 Closed PETALUMA REGIONAL 763 -9801 LOCAL HISTORY GENEALOGY 100 Fairgrounds Drive 94952 FAX 763 -0288 Closed 10 -6 10 -8 (The Annex - behi nd Centra l Library) 545 -0831 Closed Closed 10 -6 10 -6 10 -6 10 -6 Closed CLOVERDALE REGIONAL : `, 894 -5271 6250 Lynne Conde Way, Rohnert Park 94928 FAX 584 -8561 Closed 10 -6 10 -8 10 -6 10 -6 401 N. Cloverdale Blvd. 95425 Fax 894 -1861 Closed 10 -6 10 -8 10 -6 10 -6 10 -4 Closed EORESTVILLE (limited services)--, El Molino High School, 7050 Covey Rd. , .M 887 -7654 Closed 3 -6:30 3 -6:30 3 -6:30 3 -6:30 Closed Closed GUERNEVILLE REGIONAL w869 -9004 10 -8 10 -6 10 -6 10 -4 Closed TDD for hearing impaired 537 -0289 14107 Armstrong Woods Rd. 95446 FAX 869 -1267 Closed 10 -6 10 -8 10 -6 10 -6 10 -4 Closed HEALDSBURG REGIONAL 433 -3772 139 Piper Street 95448 FAX 433 -7946 Closed 10 -6 10 -8 10 -6 10 -6 10 -4 Closed OCCIDENTAL (limited services) 874 -3080 73 Main Street P.O. Box 703 95465 Closed 12 -5 12 -5 Closed Closed 12 -5 Closed PETALUMA REGIONAL 763 -9801 100 Fairgrounds Drive 94952 FAX 763 -0288 Closed 10 -6 10 -8 10 -6 10 -6 10 -4 Closed ROHNERT PARK- COTATI REGIONAL 584 -9121 6250 Lynne Conde Way, Rohnert Park 94928 FAX 584 -8561 Closed 10 -6 10 -8 10 -6 10 -6 10 -4 Closed SANTA ROSA: NORTHWEST REGIONAL 546 -2265 Closed 10 -6 10 -8 10 -6 10 -6 10 -4 Closed 150 Coddingtown Center 95401 FAX 546 -2510 SANTA ROSA: RINCON VALLEY REGIONAL 537 -0162 6959 Montecito Boulevard 95409 FAX 537 -0174 Closed 10 -6 10 -8 10 -6 10 -6 10 -4 Closed TDD for hearing impaired 537 -0289 SEBASTOPOL REGIONAL 823 -7691 7140 Bodega Avenue 95472 FAX 823 -7172 Closed 10 -6 10 -8 10 -6 10 -6 10 -4 Closed SONOMA VALLEY REGIONAL 996 -5217 755 West Napa Street 95476 FAX 996 -5918 Closed 10 -6 10 -8 10 -6 10 -6 10 -4 Closed WINDSOR REGIONAL 838 -1020 9291 Old Redwood Highway, #100 95492 FAX 838 -8329 Closed 10 -6 10 -8 10 -6 10 -6 10 -4 Closed ... mr.■p ..umtrn OTeTELs TiMnAV ITT . GrnLT rArtH: DO NOT DELAY — MAILED: 7- 15 -9nti YOUR FREE EDITION OF AFP'S WHOLE BODY HEALTH & PREPAREDNESS INSIDE! SEE PAGES B -1 TO 2unen esperate local and state governments are selling major infrastructure and real assets to foreign investors to raise cash and staye off bankruptcy, while invest- ment banks like Goldman Sachs are profiting from the deals. Last week, Ohio decided to sell the Ohio Turnpike to private investors, following the prior decisions of Indiana, the city of Chicago, Florida, Virginia and Texas to sell major highways as well. Goldman Sachs has been leading the move to pri- vatize highways in cooperation with American offi- cials, including potential presidential nominee Rick Perry, governor of Texas. Goldman Sachs has raised $140 billion, most of it from foreign individuals and nations, for an infrastnint,,, fi,"4 +w L____• ).l©. s- U.S. and plundering the last of its few remaining resources has been encouraged by the Obama regime, which supports, under the guise of social- ism, the same kind of internationalism that its nominal opponents promote under the name of capitalism. The Greek and French governments have begun selling off valuable assets in fire sales to wealthy bankers and global speculators, including famous and treasured buildings that still hold tremendous value to the citizens of those countries. Now the federal government in Washington is even getting in on the game, looking at selling off gold, securities investments and other assets for pennies on the dollar —all of which were paid for often at the peak of the market by hardworking U.S. taxpayers. Many Americans have been left to AIIA4 State of California · Department of Transportation .:J4 ~ f..i Q . t-J" B. Distr. @ Mtg. Of: I cc: cc: File: File: NEWS RELEASE Today's Date: District Contact Phone: July 26, 2011 4 - Oakland Bob Haus (510) 286-5576 ~ D~ tLf'hct- f-J tdV\b~ FOR IMMEDIATE RELEASE Second Traffic Shift for U.S. Route 101 in Rohnert Park Rohnert Park - Starting at 10:00 pm Friday night, southbound traffic on U.S. Route 101 will be shifted onto the newly-built overpass structures in Rohnert Park. The southbound traffic shift completes a process that began on July 22, when northbound traffic was also shifted onto the new structures. The southbound Santa Rosa Avenue on ramp will also reopen at the same time. Once the southbound shift has been completed, crews will begin demolishing the rest of the old overpass structure that crosses over Commerce Boulevard. In order to safely accommodate the demolition, the portion of Commerce Boulevard that crosses beneath the overpass will be closed from August 1 to August 12, 2011. The traffic shift is part of an ambitious project that is bringing new High-Occupancy Vehicle lanes, or "Diamond Lanes," to U.S. Route 101 in Rohnert Park. In addition, the Wilfred Avenue/Golf Course Lane interchange will be upgraded, and a new, straight road will run underneath 101, connecting Wilfred to Golf Course. More information about the project can be found on our web page at: http://www.dot.ca.Qov/d ist4/wilfredave Updates are also available on Twitter at Sonoma 101. City of Rohnert Park + 130 Avram Avenue + Rohnert Park, California 94928 PHONE: (707) 588-2227+ FAX: (707) 792-1876 + WEB: www.rpcity.org ROHNERT PARK CITY COUNCIL Community Development Commission Rohnert Park Financing Authority JOINT REGULAR MEETING AGENDA Tuesday, July 26, 2011 Joint Regular Meeting - Open Session: 5:00 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 2nd and 4th Tuesdays of each month at 5:00 p.m. in the Council Chamber. City Council/CDC/RPFA Agendas and Minutes may be viewed at the City's website: www.rpcitv.orf! Council/CDC/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, the Community Development Commission, or the Rohnert Park Financing Authority of the City of Rohnert Park in court, you may be limited to raising only those issues you or someone else raised at public hearing(s) described in this Agenda, or in written correspondence delivered to the City of Rohnert Park at, or prior to the public hearing(s). DISABLED ACCOMMODATION: If you have a disability which requires an interpreter or other person to assist you while attending this City Council meeting, please contact the City Clerk's Office at (707) 588-2225 at least 72 hours prior to the meeting to ensure arrangements for accommodation by the City. Please make sure the City Clerk's Office is notified as soon as possible if you have a visual impairment requiring meeting materials to be produced in another format (Braille, audio-tape, etc.) PUBLIC COMMENTS: For public comment on items listed or not listed on the agenda, or on agenda items if unable to speak at the scheduled time (limited to three minutes per appearance and a 30 minute total time limit, or allocation of time based on number of speaker cards submitted) - PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING- *SEE NOTE AT THE END OF THIS AGENDA Copies of all staff reports and documents subject to disclosure that relate to each item of business referred to on the agenda are available for public inspection Thursday before each regularly scheduled City Council meeting at City Hall, located at 130 Avram Avenue. Any writings or documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will also be made available for inspection at City Hall during regular business hours. 4 . "'\i,. ANNOUNCEMENT: Please turn off all pagers, cellular telephones and all other communication devices upon entering the Council Chamber because of electrical interference with the sound recording and TV broadcast systems. 5:00 p.m. 1. CITY COUNCIL, CDC & RPFA JOINT REGULAR MEETING - Call to Order/Roll Call (Ahanotu _ Callinan_Mackenzie _ Stafford _ Belforte ~ 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS A. Mayor's Presentation of a Proclamation in Honor and Recognition of Art Condiotti B. Sonoma Mountain Business Cluster Update by Michael Newell, Executive Director C. Chamber of Commerce Quarterly Report by Michael Newell, Interim Chairman D. 2011 Sonoma County Homeless Census and Survey Report by Jenny Helbraun Abramson, Sonoma County Continuum of Care 4. CITY MANAGER / CITY ATTORNEY / DEPARTMENT HEAD BRIEFINGS This time is set aside for City Staff to present a verbal report to the Council on the activities of their respective departments. No action may be taken except to place a particular item on a future agenda for Council consideration. A. Spreckels Performing Arts Center Update B. Commerce Road Closure C. Implementation of Citizen Relationship Management (CRM) System 5. 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. 6. CONSENT CALENDAR All items on the consent calendar will be considered together by one action of the City Council, the Community Development Commission, and/or the Rohnert Park Financing Authority, whichever is applicable, unless any Council Member or anyone else interested in a consent calendar item has a question about the item. A. Approval of Minutes for: 1. City-CDC-RPF A Joint Regular Meeting - July 12,2011 B. Acceptance of Reports for: 1. City Bills/Demands for Payment dated July 26,2011 2. CDC Bills/Demands for Payment dated July 26, 2011 C. City Council Resolution for Adoption: 1. 2011-62 Authorizing and Approving Master Design Professional Agreement for Civil Engineering Services with Baechtel Hudis, Inc. 2. 2011-63 Authorizing and Approving Master Professional Engineer Agreement for Municipal Engineering Services with Whitlock & Weinberger, Inc. (W- Trans) 3. 2011-64 Authorizing and Approving Task Order No. 2011-04 with Brelje & Race for Design, Construction Management and Inspection of Tanks 1, 3, 4 and 5 Exterior Recoating Project No. 2008-03 4. 2011-65 Authorizing and Approving Bartley Pump Contract Change Orders for Repair and Replacement Work for the Well Rehabilitation Projects: #2010- 07 and #2010-07 A 5. 2011-66 Adopting a Fee Waiver and Co-sponsorship Policy 6. 2011-67 Authorizing the City Manager to Execute a Letter of Authorization Granting the Sonoma County Waste Management Agency Authority to Submit a Regional Used Oil Payment Program Application on behalf of the City of Rohnert Park to the Department of Resources Recycling and Recovery; and to Act as Lead Agency to Execute All Documents Necessary to Secure Payment under the Used Oil Payment Program 7. 2011-68 For Paying and Reporting the Value Of Employer Paid Member Contributions 8. 2011-69 Authorizing Approval to Implement Provisions of Internal Revenue Code 414(h)(2) to Tax Defer Member Paid Contributions to California Public Employees' Retirement System 7. SONOMA COUNTY WASTE MANAGEMENT AGENCY (SCWMA) ACTION Consideration of SCWMA' s action to reduce single use, carry-out bag use and direction to the City's representative serving on the SCWMA Board of Directors A. Report by Waste & Recycling Committee, 7/14 (GB/PS) B. Public Comments C. Council discussion/direction 8. WILFRED DOWDELL SPECIFIC PLAN REIMBURSEMENT FEE Consideration of Proposed Wilfred Dowdell Specific Plan Reimbursement Fee to recover the costs of preparation, adoption, and administration of the specific plan, including CEQA costs A. Staff Report B. PUBLIC HEARING C. Resolution for Adoption: 2011-70 Establishing Wilfred/Dowdell Specific Plan Reimbursement Fee and Superseding Specific Plan Fee Established by Resolution No. 98-45 a. Council motion/discussion/vote 9. STANDING COMMITTEE / AD HOC 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 Reports 1. Economic Development Committee, 7/19 (GB/PS) B. Liaison Reports 1. Library Advisory Board, 7/19 (AA) 2. Chamber of Commerce Board of Directors, 7/19 (PS) C. Other Reports 10. 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. 11. MATTERS FROM/FOR COUNCIL informational items, if any 12. PUBLIC COMMENTS 13. 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 proceeds. If you wish to speak on an item under discussion by the Council which appears on this agenda, after receiving recognition from the Mayor, please walk to the rostrum and state your name and address for the record. - PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING ~ Any item raised by a member of the public which is not agendized and may require Council action shall be automatically referred to stafffor 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 ifit is an emergency item under said Government Code and may take action thereon. CERIFICATION OF POSTING OF AGENDA I, Terri Griffin, City Clerk for the City of Rohnert Park, declare that the foregoing agenda for the July 26, 2011, Joint Regular Meeting of the Rohnert Park City Council/CDC/RPF A was posted and available for review on July 21, 2011, 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.org, Executed this 21 sl day of July, 2011, at Rohnert Park, California. Terri Griffin, City Clerk 072611 AGENDA-JT REGULAR MTG OF RPCITY COUNCIL-CDC-RPFA.DOC 7/26/11 City Council Agenda ITEM NO. 3.A (/&ffice of t~e ;fflapor oft~e QJ:itpof 3l\o~nert ~ark, QJ:alifornia Jl rorlamation ]11 T!,)ouor nub 3L\ecog:uitiou of ~rt QConbiotti , 1921 - 2011 WHEREAS, in 1921, the renowned Art Condiotti was born in Brooklyn, N,Y, He died May 27, 2011 at age 89, having lived a full and productive life; and WHEREAS, Art graduated from Brooklyn College and attended both Notre Dame and Stanford University; and WHEREAS, he served his country in World War II as a naval officer and was involved in numerous military operations including invasion landings at Okinawa, southern France, and Sicily; and WHEREAS, Art was one of the most prominent builders on the North Coast and dedicated himself to helping people obtain affordable housing; and WHEREAS, Art Condiotti was credited with building more than '7,500 single-family homes and condominium units as well as 15 commercial buildings and nearly 200 apartments, primarily in Petaluma,Rohnert Park, and Santa Rosa; and WHERfAS, he was a strong supporter of our local Boys & Girls Club organization and was a benefactor of the Spreckels Performing Arts Center and Sonoma State University. Now, THEREFORE, BE IT PROCLAIMED that I, Gina Belforte, as Mayor and on behalf of the City Council of the City of Rohnert Park, do hereby recognize, honor, and pay tribute to Art Condiotti and the profound impact his life had on our City. Proclaimed this 26th day of July, 2011 bp: Gina Belforte, Mayor 7/26/11 City Council Agenda ITEM NO. 3.8 Progress IDpdate for the Sonoma Mountain Business <.Gluster Ctf SOHOiU. ..OUNTA'N BUSINESS CLUSTER AT ilOHNEltT "All" Presentation to City of Rohnert Park July 26, 2011 Contact: Address: Michael Newell, Executive Director 1300 Valley House Drive, Suite 100 Robnert Park, CA 9504 (707) 794-1240 ww'w.somobc.org Telephone: Website: 5MB<.G Update Ctf SONOMA MOUNT...... BUSINESS CLUSTER 41' .OHH~.T .....1( · 5MBC now has 18 resident clients · These companies employ approx 50 people · Some exciting new clients to introduce · Some exciting program updates · Other important achievements & milestones 2 7/26/2011 1 Exciting New @]ients Q SONOMA M.OUNTAIN BUSINESS CLUSTER AT ROHNllflT PAIUC K-Diagnostic · Revolutionary solution for sleep apnea monitoring · Equipment sales and medical reimbursement model · Winner of 2010 Seed Round Bus Plan Comp ~"\;~- ~~ - ~~ FORTKNOCK ;7<*'7 ~ , _. ... FortKnock · 10 Verification · Could make usernames/passwords obsolete · Easy to use · Extremely secure (equivalent to 80 character password) 3 Some @urrent 5MB@ Stories Q :SONOMA MOUNTAIN BUSINESS CLUSTER AT ROHN\;ltT PARK e Pix20 · LED video screens · Exclusive for Michael Jackson Tour PR 0 Firl'M NonProfitEasy · Software suite for managing non-profits · Comprehensive & affordable ~. AspenAir INS IDE AspenAir · Air filters for residential & commercial · Saves up to 30% on your heating/cooling bill · Cleans the air better 7/26/2011 I '. 2 'Ene Seed Round 20 II Collaborators are SSU and 5MBC · The Seed Round Business Plan Competition - SSU & 5MBC co-producing - $40,000 total prize package - Open to North Bay Entrepreneurs - Gave participants exposure (press & VC) - 35 applicants - 24 participants learn better business planning in workshop and received mentoring - Grand f"male Event June 1, 2011 oK-Diagnostic announced as winner Sprout Rro~am liSauncned in 20] I Ja SONOMA MOUNTAIN BUSINESS CLUSTER '~'~~~l-~' ::"".. I ! I""A' I .WI ! j, Redwood i _~__. 11l~-'1 IUIIHUICLUUtI! 1 ..----'_..J 1!liiiEI! i .~.-.".- ! 5THSAY ! :;.(hoot of i IZ ! 3us;r.2Ss.:ar:a i ......_._ ! .=::omcs J ' ! r:"\ ! C.M.El1.1 tIj i ---.-J C I ~I rr! ur' -=:=J I "'\ ! II~-~ !~a~~?"i"t ! . I _~_J . Ja SOMOMA MOUNTAIN BUSINESS CLUSTER AT ItOHNERT PARK · Sprout Program - Venture Preparedness Program for Startups - Partnered with Wavepoint Ventures and GrowCalifomia - Help to achieve readiness for AngelNC financing o 1: 1 intensive mentoring for participants o (up to 60 hrs over 6 - 8 weeks) o Complete opportunity/needs assessment o Complete 18 month tactical plan o Introductions to funding sources o First 3 "Seeds" are sprouting GET RfADY FOR ESTMENTWITH THE NORTH BAY IHUB'SNEW PROGRAM / SPHO! 7/26/2011 3 NEIS 2(1](102(1]] fa SONOMA MOUNTAIH BUSINESS CLUSTER AT ROHHUT PAAK · North Bay Investor Summit, Nov 10,2010 - CARS, CABERNET & CASH o 10 companies pitched for investment o >170 investor attendees (VC and angel) - Partnered with North Bay Angels and Keiretsu Forum - Keynote Speaker was Barry Shuler (former CEO of AOL) - Exotic & Performance Car Expo o Tesla, Lamborghini, Mercedes Gullwing. Fantasy Junction, Club Sportiva - Wine Tasting of 5 of California's finest cabs · Now planning NBIS 2011 - BIGGER & BETTER .... NBIS 2011 Nov9 <Dther Notable Achievements in Past 'Year fa SONOMA j,fOUNTAIN BUSINESS CLUSTER AT ltOHNERT PARK' · 2010 - Michael Newell received Sonoma County Spirit Award for "contributions and leadership qualities that inspire others" · 2011 - Signed $200,000 funding contract with CA SBDC . - Funding for 5MBClNorth Bay iHub to support regional entrepreneurs - Requires $ for $ match (leverage) - Provides opportunity to expand mentoring program · 2011 - Co-hosted small business tax and opportunities seminar with CA State controller John Chiang July 20 (event kicked offby Mayor Gina Belforte) 8 .. 7/26/2011 .~ 4 €B:ID€B €irant tUl1date ~$888,OOOl Q SOHOMA MOUNTAIN BUSINESS CLUSTER AT 1l0HNERT PARI( · €irant agreement requires 5MBC to obtain dollar for dollar matching for all grant monies received · So far 5MBC has received $666K · 5MBC has matched the full $666K already · 5MB€B is in full coml1liance · 5MBC looks forward to receiving the final $222K payment, and is in position to match it immediately 9 Summa:r.-y Q SONOMA MOUNTAIN BUSINESS CLUSTER AT IlOHNERT PARK So in summary: · The activity and confidence is definitely on the rise in the startup/entrepreneurial community · New and exciting innovation-based companies are joining us at 5MBC · We have hosted successful events and introduced new programs: - NBIS 2010 (now planning 2011) - The Seed Round Business Plan Competition (with SSU) - Sprout Program (grown to 3 clients now) · So, expect more exciting things from us · Our focus remains fixed on our mission of creating high value jobs Thank you for your continued support 10 7/26/2011 5 7/26/11 City Council Agenda ITEM NO. 3.0 2011 Sonoma County Homeless Census and Survey Executive Summary EXECUTIVE SUMMARY In conjunction with Applied Survey Research, the Sonoma County Community Development Commission (CDe) conducted the 2011 Sonoma County Point-in- Time Homeless Census and Survey. The 2011 Homeless Census was performed using the U.S. Department of Housing and Urban Development (HUD) recommended practices for counting homeless individuals. This study included a comprehensive enumeration of homeless individuals residing in Sonoma County on January 28,2011. In order to generate detailed profIles of homeless individuals in Sonoma County, 617 surveys of homeless individuals were conducted in the weeks following the census. Data from this representative survey sample revealed more detailed information about the population. The research design relied on self- described and self-defined responses, which is an approved method in homeless research due to the limitations in connecting homeless individuals to their clinical profiles. 2011 Homeless Census and Survey Findings There was a 40% increase in the number of homeless individuals counted in the 2011 Homeless Census over 2009. · 4,539 homeless individuals were counted during the 2011 point-in-time count.3 · It is estimated that 12,565 persons experience homelessness annually in Sonoma County. · Based on the United States Census 2010 population profIle, this annual estimate of homelessness represented approximately 2.6% of Sonoma County's total population of 483,878 people.4 · Data by region showed that while North County saw a decrease in their homeless population, and West County stayed relatively the same, South County, Sonoma Valley, and Central Santa Rosa had increases in their homeless population from 2009. Figure 1: Point-in- Time Homeless Census and Annual Estimate StreeterlUrne.ration : Shelter enumeration Ernergency shelter Transitional housing Total count Annual estimate 7,883 12,565 4,682 Source: Applied Survey Research, 2009 Sonoma County Homeless Census, 2009. Applied Survey Research, 2011 Sonoma CounrJ Homeless Census, 2011. 3 This total excludes an additional 58 homeless individuals who were housed in jails, hospitals, or rehabilitation facilities as they do not meet HUD's homeless definition for the point-in-time count. 4 United States Census Bureau, United States Census 2010, 2011. @ Applied Survey Research, 2011 5 Executive Summary 2011 Sonoma County Homeless Census and Survey The majority of homeless individuals in Sonoma County were white males between the ages of 31 and 60. · 66% of homeless survey respondents were male, one out of three (33%) were female, and 1% identified as transgender or other. · 64% of survey respondents were White/Caucasian, 17% were Hispanic/Latino, 6% were Black! African American, and 4% identified as American Indian/Alaskan Native. · 66% of all respondents were between 31-60 years old. · The majority (75%) of respondents were living in Sonoma County when they most recently became homeless. Figure 2: Point-in- Time Homeless Census Population by Region 3,000 2,320 16 183 2,000 1,000 - 1,035 o North County South County West County Sonoma Valley Central Santa Rosa .?lj2009 112011 Source: Applied Survey Research, 2009 Sonoma County Home/ess Census, 2009. App/ied SUflley Research, 2011 Sonoma County Home/ess Census, 2011. Note: The composition of each region includes the following incorporated jurisdictions as well as unincorporated areas surrounding these jurisdictions: · North County: Cloverda/e, Hea/dsburg, the Town of Windsor · South County: Rohnert Park, Cotati, and Peta/uma · West County: Sebastopo/, lower Russian River communities, and Sonoma Coast · Sonoma Valley: Sonoma, Glen Ellen, and Kenwood · Central Santa Rosa: Santa Rosa Note: 2009 data excludes 28 homeless individuals who were sheltered in confidential locations. 2011 data excludes 27 homeless individuals who were sheltered in confidential locations. Nearly three-quarters of homeless persons in Sonoma County were unsheltered. · 74% of those counted in the census were unsheltered (3,366 individuals) and 26% (1,173 individuals) were in shelter facilities, including emergency shelters, transitional housing programs, and motel voucher programs. · 42% of survey respondents were sleeping outdoors, on the streets, in parks, or in encampments, while 9% were sleeping in their vehicles. 33% of respondents cited job loss as the primary reason for their current episode of homelessness. .. 16% cited alcohol/drug use as the primary reason for their homelessness. 6 @Applied Survey Research, 2011 2011 Sonoma County Homeless Census and Survey Executive Summary 55% of respondents indicated this was the first time they had experienced homelessness. · 44% of respondents had.been homeless for less than a year. · 79% indicated that they were homeless only one time in the past year. · 20% of respondents indicated that since they most recently became homeless> they had needed medical care but were unable to receive it. This is a large decrease from 35% in 2009. · One-fifth (20%) of all survey respondents indicated they were experiencing chronic health problems> which is a decrease from 27% in 2009. 48% of all survey respondents said that they had a disabling condition in 2011, which is a decrease from 76% in 2009. . · The federal government considers multiple physical and mental conditions disabling to homeless individuals> preventing them from obtaining work or housing. These conditions include physical disabilities> mental illness> severe depression>s alcohol or drug abuse> chronic health problems> HIV / AIDS> Tuberculosis> Hepatitis C> trauma> or developmental disabilities. · 25% of the survey population had a physical disability in 2011. · 24% of respondents reported having a mental illness> and 40% were currently experiencing depression. · 58% of survey respondents reported that they were currently using alcohol and/or other drugs. Many survey respondents indicated they were receiving some form of government assistance. · 67% of respondents indicated that they were receiving one or more forms of government assistance. · 49% were receiving Food Stamps> 27% were receiving Medi-Cal> and 11% were receiving General Assistance. 52% of respondents were receiving money from Government benefits. . 18% were receiving money from non-Government sources> a large drop from 2009 (48%). 36% of respondents reported receiving no income from Government or non-Government sources. . 5 Severe depression includes those who reported that they were experiencing depression and that their depression prevents them from getting work or housing. @)Applied Survey Research, 2011 7 Executive Summary 2011 Sonoma County Homeless Census and Survey HUD.Defined Homeless Subpopulations Chronic Homelessness · Approximately 22% of all homeless people in Sonoma County were chronically homeless. · It is estimated that on any given night, Sonoma County has a chronically homeless population of approximately 1,013 persons. This represents a 4% increase from 979 chronically homeless individuals in 2009. · This year, HUD extended the definition of chronic homelessness to include families. )) The federal defmition of chronically homeless families is a family with at least one adult member who has a disabling condition, and has been continually homeless for one year or more, or had at least four episodes of homelessness in the past three years. Families living in transitional housing are excluded from this definition. Based on the survey, only 3 families who were unsheltered or living in emergency shelters met the defmition of chronically homeless families. Homeless Veterans · In 2011, HUD and the Department of Veterans Affairs (VA) agreed to use the HUD PIT count as the defmitive federal estimate of veteran homelessness. · It is estimated that on any given night, Sonoma County has a homeless veteran population of approximately 402 persons. This represents 9% of the total point-in-time population, and a 7% increase from 376 homeless veterans in 2009. )) 81% of homeless veterans were unsheltered in 2011, a 23% increase from unsheltered homeless veterans in 2009. Homeless Families with Children · Data from the homeless count showed that a total of 190 homeless families with children under 18 years of age were identified in 2011, a 15% increase from 165 homeless families in 2009. · The number of persons in families with children in Sonoma County increased by 16% (from 488 persons in 2009 to 567 persons in 2011). Unaccompanied Homeless Children and Youth · Overall, 264 unaccompanied homeless children (under 18) and 437 unaccompanied homeless youth (18-24) were enumerated in the 2011 point-in-time count. · Of these unaccompanied homeless children and youth, the vast majority (99%) were un sheltered. )) 28% of homeless children and youth survey respondents reported that.they tried to stay at an emergency shelter within the past 30 days and were turned away. · 21% of homeless children and youth respondents cited an argument with family/friends as the primary cause of their home1essness. · 36% reported that their parents were/are homeless. · 44% had been homeless for a year or more since they last lived in a permanent housing situation. 8 @ Applied Survey Research, 2011 2011 Sonoma County Homeless Census and Survey Executive Summary Conclusion The 2011 Sonoma County Homeless Census identified 4,539 homeless individuals in Sonoma County. This count should be considered conservative since even with the most thorough methodology, many homeless individuals stay in locations where they cannot be seen or counted by enumeration teams. Further, many women and families try to remain hidden for safety. The majority (74%) of those enumerated during the count were unsheltered, while 26% were sheltered. Compared to the 2009 count, the overall homeless population increased by 40% (representing an increase of 1,292 persons). The homeless count and survey provided valid and useful data, which helped create a more comprehensive picture of those experiencing homelessness in Sonoma County in 2011. These efforts also built upon the 2009 effort and began the compilation of comparable multi-year data on the experience of homelessness in Sonoma County. The continued use of the 2009 and 2011 methodology will allow the County of Sonoma to track key indicators and gauge the changing conditions experienced by homeless individuals and families throughout the County. It is hoped that the data presented in this report will be used by planning bodies of Sonoma County and other agencies and organizations within the County to inform additional outreach, service planning, and policy decision-making over the next two years as they work to address homelessness. By sharing and evaluating this enumeration'effort and results, the support network in Sonoma County will be better able to produce constructive and innovative solutions to a problem that is clearly growing and has serious ramifications for the long-term public health of its citizens. @)Applied Survey Research, 2011 9 Jenny Helbraun Abramson, Coordinator Sonoma County Continuum of Care (Cofe) (707) 824-2852 continuumofcare(ci)comcast.net 5000 4539 Point-in-Time Count 4500 4000 . The CofC is mandated to conduct a Point-In- Time Count every other year 3500 in the last 10 days of January. We found 4,539 people - a 40% 3000 increase over 2009. Some of the increase is due to doing a better job 2500 .2009 the second time in some places, using the current method. Rohnert Park is .2011 one of those places. 2000 446 homeless individuals were 1500 counted in Rohnert Park during the 2011 point-in-time count. 1000 . The 446 homeless people found in . Rohnert Park made up almost 10% of the countywide count, and over 1% of 500 Rohnert Park's population (higher than the county-wide average). 0 Sonoma County Rohnert Park 7/18/2011 1 Key County-wide Findings · The actual increase in homelessness appears to be about 25%- 30%. The recession drove significant numbers of relatively healthy people into homelessness. 33% cited job loss as their primary cause of homelessness. · 76% were living in Sonoma County when they became homeless. . 44% have a disabling condition, 22% are chronically homeless, and 9% are veterans. · 74% of homeless persons identified were male; 26% were female. 4000 3500 3000 2500 2000 l____ -~ 1000 500 - o SonomaCounty Rohnert Park .Sheltered _ Unsheltered Sheltered vs. Unsheltered In Rohnert Park, fewer than 20% of homeless persons were sheltered. Tlie rest were unsheltered - "living in a place not meant for human habitation." County-wide, about 1/4 were sheltered and about 3/4 of homeless ~rsons were unshelteroo. The 78 people who were sheltered in Rohnert Park were all in COTS' Family Transitional Housing. 7/18/2011 ~ 2 3500 3271 . Single Adults, 3000 ' Youth 8: Families 2,500 80 people in families with children were found in Rohnert 2000 Park. One family was found unsheltered (a parent and child) . 1500 Countywide, all but a very few 1000 homeless families with children were sheltered. 500 The balance of the 2011 census 80 in Rohnert Park was made up 0 of 364 single adults and 2 Sonoma County Rohnert Park homeless youth - all .Single Adults . Youth _Families with Children unsheltered. Former Rohnert Park Residents Served by Shelters . When people seek shelter, service providers collect a range of information, including the where the person was last stably housed, by zip code. ../ 134 The number of new people seeking shelter who were previously living in Rohnert Park, has climbing about 20% per year. 60 40 20 Source: Sonoma County HMIS, 2007-2010 o . 2007 2008 2010 2009 7/18/2011 3 What's next? · The Continuum of Care Steering Committee and its working groups are developing system-wide initiatives in response to the growing numbers - and to help people get back into housing as quickly as possible. The City of Rohnert Park is very welcome at that table. · The 2011 Sonoma County Homeless Census & Survey Comprehensive Report is available at: · http://sonoma-county.org/cdc/cdhomeless.htm Questions? 7/18/2011 \ . 4 DRAFT MINUTES PENDING APPROVAL MINUTES OF THE JOINT REGULAR MEETING OF THE CITY OF ROHNERT PARK City Council Community Development Commission Rohnert Park Financing Authority Tuesday, July 12,2011 Rohnert Park City Hall, Council Chamber 130 Avram Avenue, Rohnert Park, California 1. CALL TO ORDERlROLL CALL Mayor Belforte called the City CounciIlCDC/RPF A joint regular meeting to order at 5:0 I p.m. Present: Gina Belforte, Mayor Jake Mackenzie, Vice Mayor Amy O. Ahanotu, Council Member JosephT. Callinan, Council Member Pam Stafford, Council Member Staff present: City Manager Gabriel Gonzalez, City Attorney Michelle Kenyon, and City Clerk Terri Griffin. 2. PLEDGE OF ALLEGIANCE - Led by Mayor Belforte Mayor Belforte announced that the agenda would be re-ordered to consider Public Comments (Item No. 5) and Closed Session (Item Nos. 15, 16 and 17) prior to City Manager/City Attorney/ Department Head Briefings (Item No.4). 3. PRESENTATIONS A. Mayor Belforte read the Proclamation Recognizing Members of the Sewer Fund Stakeholders Group and acknowledged the members in attendance: Gerard Giudice, Pat Miller, Joe Gaffney, Andy Durkee, and Bonnie Black. Mr. Gaffney made brief remarks. B. Seana Gause, Sonoma County Transportation Authority, and Bob Haus, Caltrans, made a presentation regarding the upcoming Highway 101 traffic switch and 12-day closure of Commerce Boulevard. 5. PUBLIC COMMENTS I. David Armstrong, Rohnert Park, spoke regarding the Rohnert Park Friendly City sign and non- profit signage to be installed on Commerce Boulevard. 2. Vincent Hoagland, Sonoma County Bike, spoke regarding the community outreach regarding the bike lanes on Camino Colegio. 3.. Maureen Gleeson, Rohnert Park, spoke regarding the bike lanes on Camino Colegio and requested removal of shrubbery on Southwest Boulevard. 15. RECESS TO CLOSED SESSION IN CONFERENCE ROOM 2A TO CONSIDER: Mayor Belforte recessed the Council to closed session at 5:38 p.m. A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code S54956.9) Significant exposure to litigation pursuant to subdivision (b) of Government Code S54956.9: one case B. CONFERENCE WITH LABOR NEGOTIATORS (Government Code S54957.6) Agency designated representative: Gabriel Gonzalez, City Manager Rohnert Park Employees' Association (RPEA) Rohnert Park Public Safety Officers' Association (RPPSOA) Service Employees' International Union (S.E.I.U.) Local 1021 Confidential and Management Units 16. RECONVENE OPEN SESSION IN COUNCIL CHAMBER Mayor Belforte reconvened the joint regular meeting open session at 7:06 p.m. 17. MAYOR'S REPORT ON CLOSED SESSION (Government Code ~ 54957.1) With regard to the anticipated litigation matter, Mayor Belforte announced that there was nothing to report from closed session. With regard to the labor negotiations matter, Mayor Belforte announced that yesterday RPPSOA ratified a tentative agreement with the City. The City Council approved the RPPSOA tentative agreement in closed session with a 5~0 vote. Mayor Belforte further announced that negotiations with SElU and RPEA .are still pending. Tentative agreements will be placed before the employees of each organization within the next week, and no further details or comments on those tentative agreements will be provided until after the ratification process by the employees of each labor organization. 4. CITY MANAGER / CITY ATTORNEY / DEPARTMENT HEAD BRIEFINGS A. An update regarding Fourth of July fireworks activities and the Glen Manor apartment fire were presented by Public Safety Director Brian Masterson. B. The Code Compliance Report for June 2011 was presented by Development Services Director Darrin Jenkins. C. The 2010 Annual Water Report was presented by Administrative Analyst Carol Adams. D. Other: City Manager Gonzalez announced that the first City newsletter will be going out in the next utility bill and it will focus on the budget. 6. CONSENT CALENDAR A. Approval of Minutes for: I. City-CDC-RPF A Joint Regular Meeting - June 28, 2011 B. Acceptance of Reports for: 1. City Bills/Demands for Payment dated July 12, 2011 2. CDC Bills/Demands for Payment dated July 12,2011 C. City Council Resolution for Adoption: L 2011-60 Approving a Change in the Salary Range for Economic Development Manager from 94M to 98M D. Acceptance of 4th Quarter Report for FY 2010/2011 on City Council Travel Expenditures ACTION: Moved/seconded (Mackenzie/Stafford) and carried unanimously to approve the Consent Calendar. 7. CLASS II BIKE LANE INSTALLATION ON CAMINO COLEGIO Consideration of installation of a Class II Bike Lane on Camino Colegio between Southwest Boulevard and East Cotati Avenue by eliminating parking on the west side of Camino Colegio, north of Cala Way and south of Casa Way and eliminating parking on the east side of Camino Colegio, north of Cas a Way and south of Southwest Boulevard A. Staff Report by Deputy City Engineer Patrick Barnes. B. Public Comments: John Wyman, Rohnert Park, spoke regarding a lack of parking for Waldorf School and the future SMART bike lane. Sandra Lupien, Outreach Director for Sonoma County Bicycle Coalition, spoke in favor of the proposed alternative. Carson Williams, member of the Bicycle Advisory Committee and Sonoma State University Transportation Committee, spoke in favor of the proposed alternative. (Other comments on this item were provided under Item No.5.) C. Resolution for Adoption: ACTION: Moved/seconded (Mackenzie/Stafford) and carried 4-1 (Callinan dissenting) to adopt Resolution No. 2011-61, Approving Installation of a Class II Bicycle Lane on Camino Colegio between Southwest Boulevard and East Cotati Avenue 8. SONOMA COUNTY/CITY SOLID WASTE ADVISORY GROUP (SWAG) UPDATE Consideration of accepting report regarding SWAG activities, providing feedback on Research Report recommendations, and directing the City's SWAG member to vote to proceed with a consultant study of the recommendations A. Staff Report by' City Manager Gonzalez and presentation by Susan Klassen, Sonoma County Department of Transportation and Public Works. Council Member Stafford, Rohnert Park SWAG Representative; recommended that Council direct her to vote in favor of the conceptual direction. B. Public Comments: None C. DIRECTION: Council concurred to direct Councilmember Stafford as the City's SWAG representative to vote in favor of the conceptual direction outlined in the SWAG Research Committee Report. 9. FEE WAIVER AND CO-SPONSORSHIP POLICY Consideration of establishing a Fee Waiver and Co-sponsorship Policy to address requests from governmental agencies, local non-profit and community service organizations, and private enterprises to co-sponsor various activities, or to waive temporary use permit fees and/or rental fees for the use of City facilities. A. Staff Report by Management Analyst Sandy Litzie. B. Public Comments: None C. DIRECTION: Council member Callinan moved to set a $1,500 limit for City Manager approval with the exception of Project Graduation, which would receive approval at a higher amount. Said motion died for lack of a second. Council concurred to direct staff to revise the policy to include a not-to-exceed $1,000 maximum for City Manager approval and annual support of the Project Graduation event and to eliminate consideration of requests from private enterpri ses. \ 10. LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE Consideration of designating a voting delegate and alternate for the League of California Cities Annual Conference to be held September 21-23, 2011, in San Francisco ACTION: Moved/seconded (Mackenzie/Stafford) and carried unanimously to designate Mayor Belforte as the voting delegate for the 20 II LOCC Annual Conference. 11. STANDING COMMITTEE / AD HOC COMMITTEE / LIAISON REPORTS A. Standing Committee Reports: None B. Liaison Reports I. Sonoma County Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA), 7/11111 (JM) report was provided by Vice Mayor Mackenzie under Item No. 3.B. 2. Russian River Watershed Association Technical Working Group, 7/12/11 No report was provided (attended by staff). C. Other Reports: None 12. COMMUNICATIONS: None. 13. MATTERS FROMIFOR COUNCIL A. Future agenda item regarding Council consideration of City participation and financial contribution to the City's 50Ul Anniversary Celebration. Staff report by City Manager Gonzalez. DIRECTION: Council concurred to direct staff to bring this item with updated expense and income information back to Council on July 26th for consideration. B. Councilmember Callinan requested a resolution honoring Art Condiotti. DIRECTION: Council concurred to direct staff to schedule this item for the next City Council meeting. 14. PUBLIC COMMENTS None. 18. ADJOURNMENT Mayor Belforte adjourned the joint regular meeting at 9: 12 p.m. in memory of Reba Roberts. Terri Griffin, City Clerk City of Rohnert Park Gina Belforte, Mayor City of Rohnert Park CITY OF ROHNERT PARK BILLS FOR ACCEPTANCE Check Numbers: 200144 - 200447 Dated: July 06, 2011 - July 20, 2011 July 26, 2011 TOTAL $2,507,023.93 $2,507,023.93 Accounts. Payable Checks for Approval User: ccolburn Printed: 07/20/2011 - 10:23 AM Check Number Check Date Fund Name Account Name Vendor Name Amount 200144 07/06/2011 General Fund Shannon McCarthy 186.49 Check Total: 186.49 200145 07/07/2011 Utility Fund Sewer Entr. /Spec. Departm Business Card 200145 07/07/2011 Utility Fund Sewer Entr. /Spec Dept Equ Business Card 20.26 200145 07/07/2011 Utility Fund Sewer Entr, NehicleRepair Business Card 8.00 194.26 Check Total: 222.52 200146 07/07/2011 Utility Fund WaterNehicle Repairs Business Card 200146 07/07/2011 Utility Fund Water Entr. /Spec Dept Equ Business Card 194.23 200146 07/07/2011 Utility Fund Water Entr. . /Dues & Subscr Business Card - 170.11 200146 07/07/201.1 Utility Fund Water Entr. /Training & Ed Business Card 25.00 200146 07/07/2011 Utility Fund Water Entr. /Spec Dept Equ Business Card 46.00 200146 07/07/2011 Utility Fund Water Entr. /Spec. Departm Business Card 771.38 200146 07/07/2011 Utility Fund Water Entr. /Miscellaneous Business Card 419. 58 200146 07/07/2011 Utility Fund Water Entr. /Spec Dept Equ Business Card 89. 50 200146 .07/07/2011 Utility Fund Water Entr.. /Spec Dept Equ Business Card 280.33 200146 07 /07/2011 Utility Fund Water Entr. /Spec Dept Equ Business Card 14 14.63 200146 07/07/2011 Utility Fund Water Entr. /Spec Dept Equ Business Card .26 200146 07/07/2011 Utility Fund Water Entr. /Training & Ed Business Card .10 1313.00 9 Check Total: 2,71190 200147 07/07/2011 General Fund Planning Books/Pamphle BUSINESS CARD 89.44 Check Total: 89.44 200148 07/07/2011 General Fund R.P. Gymnasium Bldg/Facilty Business Card 398 87 200148 07/07/2011 General Fund R.P. Comm. Cntr /Spec. Departm Business Card 47.00 AP - Checks for Approval ( 07/20/2011 - 10:23 AM) Page 1 Check Number Check Date Fund Name Account Name Vendor Name Amount 200148 07/07/2011 General Fund R.P. Gymnasium /Bldg/Facilty Business Card 929.61 200148 07/07/2011 General Fund R.P. Comm Cntr/Publicity Business Card 18.61 .20.0148 07/07/2011 General Fund Codding Center /Excursions Business Card 211.00 200148 07/07/2011 General Fund R.P. Gymnasium B ldg/Facilty Business Card 71.53 200148 07/07/2011 General Fund Sports Center /Publicity Business Card 458.79 200148 07/07/201.1 General Fund Sports Center /Publicity Business Card 31.32 200148 07/07/2011 General Fund R.P. Gymnasium Bldg/Facilty . Business Card 0 33 2,33.96 200148 07/07/2011 General Fund R.P. Comm Cntr/Publicity Business Card 19.00 200148 07/07/2011 General Fund R.P. Comm. Cntr /Spec: Departm Business Card 82.90 Check Total: 4,306.50 200149 07/07/2011 General Fund Publ Works Gen /Training & Ed Business Card -35.00 200149 07/07/2011 General Fund Publ Works Gen /Training& Ed Business Card 50.00 200149 07/07/2011 General Fund PW- Landscape /Spec Dept Eq Business Card 501.62 200149 07/07/2011 General Fund R.P. Gymnasium /Spec. Departm Business Card 1,587.97 200149 07/07/2011 General Fund Publ Works. Gen /Miscellaneous Business Card 107.50 200149 07/07/2011 General Fund Non- Department /Training & Edu Business Card 50.00 200149 07/07/2011 General Fund Police Nehicle Repai . Business Card 194.23 200149 07/07/2011 General Fund Publ Works Gen /Vehicle Repai Business Card 194.23 Check Total: 2,650.55 200150 07/07/2011 General Fund BARC SummerCamp /Supplies Business Card 1,130.30 200150 07/07/2011 General Fund BARC SummerCamp /Supplies Business Card 470.09 200150 07/07/2011 General Fund BARC. SummerCamp /Supplies Business Card 368.29 .200150 07/07/2011 General Fund R.P. Gymnasium /Spec. Departm Business Card 63.06 Check Total: 2,031.74 200151 07/07/2011 General Fund Aflac Payable AFLAC 561.62 200151 07/07/2011 General Fund Aflac Payable AFLAC 390.00 Check Total: 951.62 200152 07/07/2011 General Fund PAC Sign/Pers- Employee CALPERS 200152 07/07/2011 General Fund PAC Sign / PERS / Employer CALPERS 32.91 200152 07/07/2011 General Fund Personnel /Pers /Employee CALPERS 72.23 200152 07/07/2011 General Fund Personnel /Pers /Employer . CALPERS 90.57 200152. 07/07/2011 General Fund Rent Appeals Bd /Pers/Employee CALPERS 198.78 200152 07/07/2011 General Fund Rent Appeals Bd /Pers /Employer CALPERS 47.51 200152 07/07/2011. General Fund P/S Personnel /Pers /Employee CALPERS 104.26 200152 07/07/2011 General Fund P/S Personnel /Pers /Employer CALPERS 4,247.76 15,023,68 AP - Checks for Approval ( 07/20/2011 - 10:23 AM) Page 2 Check Number Check Date Fund Name Account Name Vendor Name Amount 200152 07/07/2011 General Fund Animal Control /Pers/Employee CALPERS 260152 07/07/2011 General Fund. Animal Control /Pers/Employer CALPERS 101.92 200152 07/07/2011 General Fund Publ Works Gen /Pers/Employee CALPERS 92.56 200152 07/07/2011 General Fund Publ Works Gen /Pers/Employer CALPERS 303.13 200152 07%07/2011 General Fund Commission /Pers Employee CALPERS 1,052.86 200152 07/07/2011 General Fund Recreation Adm /Pers/Employer CALPERS 2,310.93 260152 07/07/2011 General Fund Theatre /Pers/Employee CALPERS 79.90 200152 07/07/2011 General Fund Theatre /Pers/Employer CALPERS 68.89 200152 07/07/2011 General Fund P E R S Payable CALPERS 106. 6. 47 200152 07/07/20.11 General Fund Pers- Survivorship CALPERS 327, 0 014.46 46 200152 07/07/2011 General Fund Pers Redeposit Payable CALPERS 200152 07/07/2011 General Fund City Manager /Pers/Employee CALPERS 2,835.30 200152 07/07/2011 General Fund City Manager /Pers/Employer CALPERS 239.04 200152 07/07/2011 General Fund Finance /Pers/Employee CALPERS 524.65 200152 07/07/2011 General Fund Finance /Pers/Employer CALPERS 320.59 200152 07/07/2011 General Fund Data Processing /Pers/Employee CALPERS 703.57 200152 07/07/2011 General Fund Data Processing /Pers/Employer CALPERS 74.59 200152 07/07/2011 General Fund Planning /Pers/Employee . CALPERS 163.70 200152 07/07/2011 General Fund , Planning /Pers/Employer CALPERS 433.97 952.40 Check Total: 357,547.63 200153 07/07/2011 General Fund Pers- Survivorship CALPERS 200153. 07/07/2011 General Fund P E R S Payable CALPERS 20.00 17,448.38 Check Total: 17,468.38 200154 07/07/2011 General Fund Emplyee Benfits /Life Ins /Sala LINCOLN NATIONAL LIFE INS CO 1,014.16 200154 07/07/2011. General Fund Standard Ins Payable LINCOLN NATIONAL LIFE INS CO 4,036.26 Check Total: 5,050.42 200155 07/07/2011 General Fund Supp Life W/H Payable LINCOLN NATIONAL LIFE INS CO 956.30 Check Total: 956.30 200156 07/07/2011 General Fund Emplyee Benfits /Eye Care Vision Service Plan - (CA) 8,064.86 Check Total: 8,064.86 200157 07/07/2011 General Fund Emplyee Benfits /Eye Care Vision Service Plan - (CA) 475.20 AP - Checks for Approval ( 07/20/2011 - 10:23 AM) Page 3 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 475.20 200158 07/07/2011 General Fund Emplyee Benfits /Eye Care Vision Service Plan - (CA) 2,231.26 Check Total: 2,231.26 200159 07/08/2011 General Fund Carl Leivo 2,550.80 Check Total: . 2,550.80 200160 07/08/2011. General Fund Pac/Pasco /Production MUSIC THEATRE INTERNATIONAL 6,037.00 Check Total: 6,037.00 200161 07/13/2011 General Fund Police / Cell Phone American Messaging 36.41 Check Total: 3.6.41 200162 07/13/2011 General Fund Johni Anglin 579.00 Check Total: 579.00 200163 07/13/2011 General Fund Burt/Ave Rec Cr/Fac Maint/Non- Automotive Appearance Speciali 274.46 Check Total: 274.46 200164 07/13/201.1 General Fund Non- Department /Audit Fees CA Controller's Office 100.00 Check Total: 100.00 200165 07/13/2011 General Fund Peter M. Callinan 811.10 Check Total: 811.10 200166 07/13/2011 General Fund Sports Center /Memberships Cathy Church 576.00 Check Total: 576.00 200167 07/13/2011 General Fund Planning /Contractual S Code Source 200167 07/13/2011 General Fund. Planning /Contractual S Code Source 382.08 400.00 AP - Checks for Approval ( 07/20/2011 - 10:23 AM) Page 4 Check Number, Check Date Fund Name Account Name Vendor Name Amount Check Total: 782.08 200168 07/13/2011 General Fund R.P. Comm. Cntr /Contractual S , Gay Dawson 429.00 Check Total: 429.00 200169 07/13/2011 General Fund Dianna Delgy 56.60 200170 07/13/2011 General Fund 200171 07/13/2011 General Fund 200.172 07/13/2011 General Fund 200173 07/13/2011 General Fund 200174 07/13/2011 General Fund 200175 07/13/2011 General Fund Pac /Facility Repa Rec Ref Clearing Finance /Training & Edu PW- Landscape/Landscape Sup Check Total: DTC Grip & Electric Check Total: Jamie Gaspar Check Total: Government Finance Officers As Check Total: Grainger, Inc. Non - Department /Community.Pro TERESA GRIFFIN Rec Ref Clearing David Herrera Check Total: Check Total: 56.60 300.10 300.10 400.00 400.00 493.00 493.00 4.07 4.07 230.92 230.92 400.00 Check Total: 400.00 200176 07/13/2011 General Fund 2001.76 07/13/2011 General Fund 200176 07/13/2011 General Fund Animal Shelter /Fac Maint/Non- R.P..Comm, Cntr /Spec. Departm P/S Bldg -North /Spec. Departm Home.Depot Home Depot Home Depot 4.57 117.16 146.01 Check Total: 267,74 . AP - Checks for Approval ( 07/20/2011 - 10:23 AM ) Page 5 Check Number Check.bate Fund Name Account Name Vendor Name Amount 200177. 07/13/2011 General Fund Publ Works Gen /Bldg/Facilty Interstate All Battery Center 49.69 200178 07/13/2011 General Fund 200179 07/13/2011 ' General Fund 200180 07/13/2011 General Fund 200180 07/13%2011 General Fund 200180 07/13/2011 General Fund 200180 07/13/2011 General Fund 200180 07/13/2011 General Fund 200180 07/13/2011 General Fund 200180 07/13/2011 General Fund 200180 07/13/2011 General Fund 200181 0703/2011 General Fund 200182 07/13/2011 General Fund 209183 07/13/2011 General Fund 200184 07/13/2011 General Fund 200184 07/13/2011 General Fund 200184 07/13/2011 General Fund 200184 07/13/2011 General Fund Sports Center /Contractual S Pac /Marketing Police /Equipment Leas City Hall /Rent/Lease/Ta Recreation Adm /Rent/Lease /Tax Center /Rent/Lease/Ta Publ Works Gen /Rent/Lease/Ta Animal Control / Eqpt Lease Sports Center /Rent/Lease /Tax Pac /Admin /Rent/Lease/Tax Check Total: Honor Jackson Check Total: MUSIC THEATRE INTERNATIONAL Check Total: CBS Newcal, Inc. CBS Newcal, Inc. CBS Newcal, Inc. CBS Newcal, Inc. CBS Newcal, Inc. CBS Newcal; Inc. CBS Newcal, Inc. CBS Newcal, Inc. Check Total: Pers'L & Purch /Recruitment/G North Bay Corporate Health Ser Check Total: Non - Department /Dues & Subscr THE PRESS DEMOCRAT Police /Contractual S Red Cloud, Inc. Publ Works Gen /Gas & Oil Redwood Coast Petroleum Police /Gas & Oil Redwood Coast Petroleum Publ Works Gen /Gas & Oil Redwood Coast Petroleum Publ Works Gen /Gas & Oil Redwood Coast Petroleum Check Total: Check Total: AP - Checks for Approval ( 07/20/2011 - 10:23 AM) Page 6 49.69 244.80 244.80 31.80 31.80 1,151.36. 1,466.66 221.33 75.47 75.47 75.47 75.47 75.47 3,216.70 91.00 91.00 238.72 238.72 2,670.00 2,670.00 1,697.79 747.04 940.24 1,531.79 Check Number Check Date . Fund Name Account Name Vendor Name Amount 200185 67/13/2011 General Fund 200186 07/13/2011 General Fund 200187 07/13/2011 General Fund 200188 .07/13/2011 General Fund 200189 1 07/13/2011 General Fund 200190 07/13/2011 General Fund 200191 07/13/2011 General Fund 200192 07/13/2011 General Fund Animal Shelter /Fac Maint/Non- Redwood Lock & Key Police /Spec Dept Equ WULFF A. REINHOLD Streets & Bike /Equipment Rent THE RENTAL PLACE Pac /Marketing Sign A Rama Non = Department /Community Pro, Sister Cities International Check Total: 4,916.86 36.02 Check Total: 36.02 14.09 Check Total: Check Total: Check Total: Check Total: Non - Department /Dues & Subscr Sonoma County ACTTC Office Check Total: Publ Works Gen /Clothing Allo Sunset Linen Service Community Event.Contracts I Dennis or Laure Tatman Check Total: Check Total: iw.v7 275.00 275.00 385.44 385.44 510.00 510.00 13,623.00 13,623.00 111.46 111,46 2,592.00 2,592.00 200193 07/13/2011 General Fund John Thompson 124.60 Check Total: 124.60 200194 07/13/2011 General Fund Fire /Vehicle Repai Traction of Santa Rosa 200194: 07/13/2011 General Fund Publ Works Gen Nehicle Repai Traction of Santa Rosa 30.28 11.20 AP - Checks for Approval ( 07/20/2011 10:23 AM ) Page 7 Check Number .Check Date Fund Name Account Name Vendor Name Amount Check Total: 41.48 200195 07/13/2011 General Fund PW- Landscape/Landscape Sup West Cal Tractor 854.24 Check Total: 854.24 200.196 07/13/2011 General Fund Streets & Bike /Spec. Departm West Coast Graphics 418.73 Check Total: 418.73 200197 07/13/2011 General Fund Publ Works Gen /Small Tools West County Tool & Equipment 179.68 Check Total: 179.68 200198 07/13/2011 Utility Fund Sewer Entr. /Spec. Departm S.W.S. Distributors, Inc 81.03 Check Total: 81.03 200199 07/13/2011 Utility Fund Sewer Entr. /Miscellaneous Bay Area Air Quality Managemen 351.00 Check Total: 351.00 200200 07/13/2011 Utility Fund Sewer Entr. /Spec Dept Equ Home Depot 200200 07/13/2011 Utility Fund Sewer Entr. /Spec. Departm Home Depot 10.68 169.40 Check Total: 180.08 200201 07/13/2011 Utility Fund Sewer Entr. /Clothing Allow Sunset Linen Service 20.18 Check Total: 20.18 200202 07/13/2011 Utility Fund Water Ent/Distrib SystemRepair Grainger, Inc. 20.19 Check Total: 20.19 200203 07/13/2011 Utility Fund Water /Clothing Allowance Sunset Linen Service 49.59 Check Total: 49.59 200204 07/13/2011 General Fund Pac /Facility Repa DTC Grip & Electric 862.18 . AP - Checks for Approval ( 07/20/2011.- 10:23 AM) Page 8 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 862.18 200205 07/13/2011 General Fund Police /Spec Dept Equ APPLIED CONCEPTS INC 49.28 Check Total: 49.28 200206 200206 07/13/2011 07/13/2011 General Fund General Fund Refundable Deposits Refundable Deposits . Burke, Williams & Sorensen, LL Burke, Williams & Sorensen, LL 7,026.76 18,697.33 Check Total: 25,724.09 200207 07/13/2011 Utility Fund Refuse Col Entr /Professional Burke, Williams & Sorensen, LL 23,082.63 Check Total: 23,082.63 200208 200208 200208 200208 200208 07/13/20.11 07/13/2011 07/13/2011 07/13/2011 07/13/2011 Utility Fund Utility Fund Utility Fund Utility Fund Utility Fund Col lection/Contract Svcs -Rp Di City Contractual Svcs Refuse Col Entr /Cash Refuse Col Entr /Cash Refuse Col Entr/Refuse Div/Ed Rohnert Park Disposal Rohnert Park Disposal Rohnert Park Disposal Rohnert Park Disposal Rohnert Park Disposal 708 703.60 132,574.09 708,703.60 - 854,107.44 12,829.75 Check Total: 708,703.60 200.209 07/13/2011 Utility Fund Sewer Entr. /Telephone. AT &T 184.82 Check Total: 184.82 200210 07/13/2011 Utility Fund Sewer Entr. /Professional Burke, Williams & Sorensen, LL 5,468.96 Check Total: 5,468.96 200211 07/13/2011 Utility Fund Vehicle Gas & Oil Chevron and Texaco Business Ca 72.59 Check Total: 72.59 200212 07/13/2011 Utility Fund Sewer Entr. /Spec. Departm Grainger, Inc. 39.16 Check Total: 39.16 200213 07/13/2011 Utility Fund Sewer Entr, Bldg/Facilty Home Depot 20.31 AP - Checks for Approval ( 07/20/2011 - 10:23 AM) Page 9 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 20.31 200214 200214 07/13/2011 07/13/2011 Utility Fund Utility Fund Sewer Entr. Sewer Entr. Nehicle Repair /Vehicle Repair Municipal Maintenance Equipmen Municipal Maintenance Equipmen 232.35 251.29 Check Total: 483.64 200215 07/13/2011 Utility Fund Water Entr, /Spec Dept Equ Advanced Power Solutions 4,950.00 Check Total: 4,950.00 200216 07/13/2011 Utility Fund Water Entr. /Miscellaneous BAS. Distributors, Inc 60.53 Check Total: 60.53 200217 200217 200217 07/13/2011 07/13/2011 07/13/2011 Utility Fund Utility Fund Utility Fund Water Entr. Water Entr. Water Entr. /Spec Dept Equ /Spec Dept Equ /Spec Dept Equ Bartley Pump, In.c Bartley Pump, In.c Bartley Pump, In.c 6,320.70 630.00 3,000.00 Check Total: 9,950.70 200218 200218 07/13/2011 07/13/2011 Utility Fund Utility Fund Water Entr. Water Entr. /Professional /Professional Burke, Williams & Sorensen, LL Burke, Williams & Sorensen, LL 5,814.00 212.00 Check Total: 6,026.00 200219 07/13/2011 Utility Fund VEHICLE GAS & OIL Chevron and Texaco Business Ca 620.75 Check Total: 620.75 200220 07/13/2011 Utility Fund Water Ent/Distrib SystemRepair Complete Welders Supply 33.70 Check Total: 33.70 200221 07/13/2011 Utility Fund Water Entr. /Professional Exam Technologies Corporation 969.00 Check Total: 969.00 200222 200222 07/13/2011 07/13/2011 Utility Fund Utility Fund Water Entr. /Spec Dept Equ Water Ent/Distrib SystemRepair Grainger, Inc. Grainger, Inc. 183.06 -85.15 AP -.Checks for Approval ( 07/20/2011 - 10:23 AM) Page 10 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 97.91 200223 200223 07/13/2011 07/13/2011 Utility Fund Utility nd tS' Water Ent/Distrib SystemRepair Water Entr. /Spec Dept Equ Home Depot Home Depot - 55.70 43,67 Check Total: 99.37 200224 07/13/2011 Utility Fund Water Entr. /Heat/Light/Po Pacific Gas &Electric 12.23 Check Total: 12.23 200225 07/13/2011 Utility Fund WaterNehicle Repairs Santa Rosa Auto Parts 11.87 Check Total: 11.87 200226 07/13/2011 Utility Fund WaterNehicle Repairs Sebastopol Bearing & Hydraulic 85.78 Check Total: 85.78 200227 07/13/2011 Utility Fund Water Entr. /Spec. Departm Shamrock Materials 14.78 Check Total: 14.78 200228 07/1.3/2011 Utility Fund Water Entr. /Contractual S So Co Water Agency 187,425.12 Check Total: 187,425.12 200229 07/13/2011 Utility Fund Water Ent/Distrib SystemRepair Sonomarin Landscape Materials 141.70 Check Total: 141.70 200230 07/13/2011 Utility Fund Water Ent/Distrib SystemRepair Syar Industries, Inc. 104.95 Check Total: 104.95 200231 07/13/2011 Utility Fund Water Entr. /Travels & Mee Zac Thill 49.53 Check Total: 49.53 200232 07/13/2011 Utility Fund Water Entr. /Spec. Departin HDS White Cap Construction Supply 202.31 AP - Checks for Approval ( 07/20/2011 - 10:23 AM ) Page 11 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 202.31 200233 07/13/2011 General Fund ABC reimbursements expenses Cotati Police Department 6,054.14 Check Total: 6,054.14 200234 07/13/2011 General Fund ABC reimbursements expenses Sonoma State University Police 1,894.31 Check Total: 1,894.31 200235 07/13/2011 General Fund Burt/Ave Rec Cr Bldg/Facilty ABM Janitorial Services - Nort 50400 200235 07/13/2011 General Fund R.P. Comm. Cntr Bidg/Facilty ABM Janitorial Services - Nort 360.00 Check Total: 864.00 200236 07/13/2011 General. Fund Planning /Training & Edu Greg Adams 20.00 Check Total: 20.00 200237 07/13/2011 General Fund Non - Department /Self.Insured Advanced Power Solutions 6,738.00 Check Total: 6,738.00 200238 07/13/2011 General Fund Police /Contractual S American Medical Response 200.00 Check Total: 200.00 200239 07/13/2011 General Fund H Pool /Spec. Departm American Red Cross 32.00 Check Total: 32.00 200240 07/13/20.11 General Fund Animal Shelter Bldg/Facilty M Aramark Uniform Services 36.73 200240 07/1 3/201 1 General Fund Animal Shelter Bldg/Facilty M Aramark Uniform Services 36.73 Check Total: 73.46 200241 07/13/2011 General Fund Ps Main Station /Telephone AT &T 111.37 Check Total:. 111.37 AP - Checks for Approval( 07/20/2011 —10:23 AM) . Page 12 Check Number Check .Date Fund Name Account Name Vendor Name Amount 200242 200242 07/13/2011 07/13/201 I General Fund City Hall /Telephone AT &T 200242 07/13/2011 General Fund General Fund Ps Main Station /Telephone AT &T 274'88 200242 .07/13/2011 General Fund Ps Main Station /Telephone AT &T 284.12 537.00 Alicia Pool /Telephone AT &T Check Total: 200246 200246 07/13/2011 07/13/2011 General Fund General Fund Publ Works Gen /Spec. Departm . Buchanan Food Service 100.28 Check Total: 200243 07/13/2011 General Fund Police . Nehicle.Repai Auto Repairs Unlimited, Inc. Check Total: 200244 07/13/2011 General Fund Streets & Bike /Spec. Departm The Barricade Company Check Total: 200245 07/13/2011 General Fund Non- Department /Contractual S BARTEL ASSOCIATES LLC Check Total: 200246 200246 07/13/2011 07/13/2011 General Fund General Fund Publ Works Gen /Spec. Departm . Buchanan Food Service 200246 07/13/2011 General Fund Publ Works Gen /Spec. Departm Codding Center /Office Supplie Buchanan Food Service Buchanan Food Service Check Total: 200247 200247 07/13/2011 07/13/2011 Capital Projects Fund Capital Projects Fund Northeast Dist: Specific Plan Burke, Williams & Sorensen, LL 200247 07/13/2011 General Fund University Dist: Specific Plan Legal Services /Professional Burke, Williams & Sorensen, LL 200247 200247 07/13/2011 07/13/2011 General Fund Legal Services /Professional Burke, Williams & Sorensen, LL Burke, Williams & Sorensen, LL 200247 07/13/2011 General Fund Capital Projects Fund Legal Services /Professional Burke, Williams & Sorensen, LL 200247 07/13/2011 General Fund Wilfred - Dowdell Dist.Spec.Plan Burke, Williams & Sorensen, LL 200247 07/13/2011 Capital Projects Fund Legal Services /Professional Sonoma Mtn Village Project Burke, Williams & Sorensen, LL Burke, 200247 200247 07/13/2011 General Fund Legal Services /Professional Williams & Sorensen, LL Burke, Williams & Sorensen, LL 200247 07/13/2011 07/13/2011 General Fund General Fund Legal Services /Professional Burke, Williams & Sorensen, LL Legal Services /Professional Burke, Williams & Sorensen, LL Check Total: 200248 07/13/2011 General Fund Fire Nehicle Repai Burton's Fire, Inc. 1,196.28 621.30 621.30 63.22 63.22 5,472.50 5,472.50 724.20 218.32 198.78 1,141.30 156.00 3,171.55 1,462.76 291.72 2,746.12 1,099.80 6,194.76 439.40 212,16 9,716.25 122.20 25,612.72 215.80 AP - Checks for Approval ( 07/20/2011 - 10:23 AM ) Page 13 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 215.80 200249 07/13/2011 General Fund Police /Gas & Oil Business Card 76,82 200249 07/13/2011 General Fund Police /Training/Ed..- Business Card 286.23 20.0249 07/13/2011 General Fund Police /Training/Ed. - Business Card 574.56 Check Total: 937.61 200250 07/13/2011 General Fund Police /Dues & Subscr Business Card 600.00 Check Total: 600.00 200251. 07/13/2011 General Fund Police /Armory BUSINESS CARD 319.24 Check Total: 319.24 200252 07/13/2011 General Fund Fire /Small Tools Business Card 143.97 200252 07/13/2011 General Fund Fire /Spec. Departm Business Card 54.91 200252 07/13/2011 General Fund Police /Armory Business Card 102,44 200252 07/13/2011 General Fund Police /Armory Business Card 312.48 200252 07/13/2011 General Fund Police /Armory Business Card 177.68 Check Total: 791:48 200253 07/13/2011 General Fund Police /Training/Ed. - Business Card 454.62 200253 07/13/2011 General Fund Police /Training/Ed. - Business Card 470.59 200253 07/13/2011 General Fund ABC reimbursements expenses Business Card 45.71 200253 07/13/2011 General Fund Police /Spec. Departm Business Card 39.40 Check Total: 1,010.32 200254 07/13/2011 General Fund Police /Training/Ed. - Business Card 10.00 200254 07/13/2011 General Fund Police /Training/Ed. - . Business Card 10.00 200254 07/13/2011 General Fund Police /Training/Ed. - Business Card 227.40 200254 07/13/2011 General Fund Police /Training/Ed. - Business Card 15.00 Check Total: 262.40 200255 07/13/2011 General Fund Animal Control/Medications Butler Schein Animal Health Su 602.74 20.0255 07/13/2011 General Fund Animal Control/Medications Butler Schein Animal Health Su 255.51 200255 07/13%2011 General Fund Animal Control/Medications Butler Schein Animal Health Su 208.91 AP - Checks for Approval ( 07/20/2011 - 10:23 AM) Page 14 Check Number Check Date Fund Name Account Name Vendor Name Amount 200255. 07/13/2011 General Fund Animal Control/Medications Butler Schein Animal Health Su 498.56 Check Total: 1,565.72 200256 200256 07/13/2011 07/13/2011 General Fund General Fund Strong Motion - Category l CA Conservation Department 9.30 200256 07/13/2011 General Fund Strong Motion- Categoryl Seismic Training CA Conservation Department CA 45.57 Conservation Department -2:74 Check Total: 52.13 200257 200257 07/13/2011 07/13/2011 General Fund General Fund Police /Contractual S CA Department of Justice 398.00 Personnel /RecruitmenUF CA Department of Justice 480.00 Check Total: 878.00 200258 .07/13/2011 General Fund Community Event.Contracts Cashier -CDFA 200258 07/13/2011 • General Fund Community Event.Contracts Cashier -CDFA 32.40 26.40 Check Total: 58.80 200259 200259 07/13/2011 07/13/2011 General Fund General Fund Police /Gas & Oil Chevron and Texaco Business Ca 685.17 Publ Works Gen /Gas & Oil Chevron and Texaco Business Ca 104.38 Check Total: 789.55 200260 07/13/2011 Capital Projects Fund University Dist. Specific Plan Clearwater Hydrology 8;961.50 Check Total: 8,961.50 200261 07/13/2011 General Fund Finance /Spec. Departm Clone Digital Print & Copy. 760.89 Check Total: 760.89 200262 07/13/2011 General Fund Fire /Uniforms The Cobbler 198.78 Check Total: 198.78 200263 200263 07/13/2011 07/13/2011 General Fund General Fund H Pool Bldg/Facilty Commerical Pool Systems, Inc. 162.06 H Pool /Bld acil ty Commerical Pool Systems, Inc. 148.86 AP - Checks for Approval ( 07/20/2011 - .10:23 AM) Page 15 Check Number Check Date Fund Name Account Name Vendor Name Amount General Fund 200267 07/13%2011 General Fund Check Total: 310.92 200264 07/13/2011 General Fund Pac /Concessions Costco Wholesale 200264 07/13/2011 General Fund Animal Control /Spec. Departm Costco Wholesale 1,594.01 200264 07/13/2011 General Fund Animal Control /Office Supplie Costco Wholesale 89.70 200264 07/13/2011 General Fund H Pool /Concession Pu Costco Wholesale 73.35 200264 07/13%2011 General Fund Center /Spec. Departm Costco Wholesale 457.18 200264 07/13%2011 General Fund Benecia Pool /Concession Pu Costco Wholesale 140.29 200264 07/13/2011 General Fund Benecia Pool /Concession Pu Costco Wholesale 393.02 200264 07/13/2011 General Fund H Pool /C P 287.40 200265 07/13/2011 General Fund '200266 07/13/2011 General Fund 200266 07/13/2011 General Fund 200267 07/13%2011 General Fund 200267 07/13/2011 General Fund 200268 07/13/2011 General Fund 200268 07/13/2011 General Fund 2002,68 07/13/2011 General Fund 200268 07/13/2011 General Fund 200269 200270 07/13/2011 General Fund 07/13/2011 General Fund oncession u Costco Wholesale R.P. Comm. Cntr Bldg/Facilty Department of Industrial Relat R.P. Comm. Cntr /Contractual S Denise Drake Sports Center /Contractual S Denise Drake Animal Control /Spec. Departm Frizelle -Enos Company Animal Control /Spec. Departm Frizelle -Enos Company Pub] Works Gen /Spec. Departm Grainger, Inc. Pac /Facility Repa Grainger, Inc. Sports Center /Spec Dept Equi Grainger, Inc. PW- Landscape /Spec Dept Supp Grainger, Inc. Check Total: Check Total: Check Total: Check Total: Check Total: Police Nehicle Repai Hansel Ford Check Total: Pers'L & Purch /Recruitment/G Michael T. Hardin Investigations AP - Checks for Approval ( 07/20/2011 - 10:23 AM) Page 16 295.16 3,330.11 125.00 125.00 13.00 175.00 188.00- 163.62 148.29 311.91 128.35 69.37 237.11 446.07 880.90 244.00 244.00 866.44 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 866.44 200271 07/13/2011 General Fund Streets & Bike / Landscape Sup Hertz Equipment Rental Corpora 340.55 Check Total: 340.55 200272 200272 07/13/2011 07/13/2011 General Fund General Fund Animal Control /Shelter Food Hill's Pet Nutrition Sales, In 61.32 200272 07/13/2011 General Fund Animal Control /Shelter Food Animal Control /Shelter Food Hill's Pet Nutrition Sales, In 200272 07/13/2011 General Fund Animal Control /Shelter Food Hill's Pet Nutrition Sales, In Hill's Pet Nutrition Sales, In 122.38 113.64 200272 07/13/2011 General Fund Animal Control /Shelter Food Hill's Pet Nutrition Sales, In 213 .93 30.66 Check Total: 761.93 200273 200273 07/13/2011 07/13/2011 General Fund General Fund Animal Shelter Bldg/Facilty M The Hitmen Termite & Pest Control 80.00 Ps Main Station Bldg/Facilty The Hitmen Termite & Pest Control 60.00 Check Total: 140.00 200274 200274 07/13/2011 07/13/2011 General Fund General Fund Sports Center /Fac Maint/Non- Home Depot 37'77 Sports Center /Fac Maint/Non- Home Depot 9.24 Check Total: 47.01 200275 07/13/2011 General Fund Streets & Bike / Landscape Sup Horizon Distributors Inc. 428.31 Check Total: 428,31 200276 200276 07/13/2011 07/13/2011 General Fund General Fund Data Processing /Spec. Departm HSC Electronic Supply pp Y 10.90 200276 07/13/2011 General Fund Data Processing /Spec. Departm Police /Spec. Departm HSC Electronic Supply 111.36 HSC Electronic Supply 141.91 Check Total: 264.17 200277 07/13/2011 General Fund Animal Control /Contractual S Humane Society of Sonoma Count 180.00 Check Total: 180.00 200278 200278 07/13/2011 07/13/2011 General Fund General Fund Pac/Rental /Admissions KITCHEN KUT UPS 11,415.00 PacBox Office Fees/Misc KITCHEN KUT UPS - 1,369.80 AP - Checks for Approval ( 07/20/2011 - 10:23 AM ) Page 17 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 10,045.20 200279 07/13/2011 General Fund Animal Control /Contractual S Roger Klein, D.V.M. 930.00 Check Total: 930.00 200280 07/13/2011 General Fund Animal Control /Contractual S Koefran Industries 400.00 200280 07/13/2011 General Fund Animal Control /Contractual S . Koefran Industries 400.00 Check Total: 800.00 200281 07/13/2011 General Fund Police /Contractual S Language Line Services 27.13 Check Total: 27.13 200282 07/13/2011 General Fund Animal Control /Contractual S Barbara Leach, D.V.M. 1,595.00 Check 'total: 1,595.00 200283 07/13/2011 General Fund Non - Department /Travels & Mee Elizabeth Lidster 53.04 Check Total: 53.04 200284 07/13/2011 General Fund Rob Luis 25.60 Check Total: 25.60 200285 07/13/2011 General Fund STEVE LUSCOMBE 102.88 Check Total: 102.88 200286 07/13/2011 General Fund Animal Control/Medications Matheson Tri -Gas, Inc. 36.20 Check Total: 36.20 200287 07/13/2011 General Fund Police Neh.icle Repai Nardsons.Enterprises,, Inc. 185.00 200287 07/13/2011 General Fund Publ Works Gen Nehicle Repai Nardsons Enterprises, Inc. 10.00 Check Total: 195.00 AP - .Checks for Approval ( 07/20/2011 - 10:23 AM) Page 18 Check Number Check Date Fund Name Account Name. Vendor Name Amount 200288 200288 07/13/2011 07/13/2011 General Fund General Fund Animal Control /Office Supplie National Document Solutions, L .200288 07/13/2011 General Fund Development Svcs - Office Supp City Hall /Office National Document Solutions, L -28.37 36.38 Supplie National Document Solutions, L 30.90 Check Total: 38.91 200289 07/13/2011 General Fund Police / Cell Phone SprinUNextel Communications 497.89 Check Total: 497.89 200290 200290 07/13/2011, 07/13/20.11 General Fund General Fund Pers'L & Purch /Recruitment/G North Bay Corporate Health Ser Pers'L & Purch /Recruitment/G North Bay Corporate Health Ser 43.00 182.00 Check Total: 225.00 200291 200291 07/13/2011 07/13/2011 General Fund General Fund Animal Control /Office Supplie Office Depot 200291 07/13/2011 General Fund Police /Office Supplie pp Police /Office Supplie Office Depot 66.24 1,053.11 200291 07/13/2011 General Fund Police /Office. Supplie Qffice Depot Office Depot 9.70 121.53 Check Total: 1,250.58 200292 200292 07/13/2011 07/13/2011 General Fund General Fund Park Maint /Contractual S Old Adobe Development Services 790.92 200292 07/13/2011 General Fund Park Maint /Contractual S Streets & Bike /Contractual S Old Adobe Development Services 540.15 200292 200292 07/13/2011 General Fund City Hall /Contractual S 01d Adobe Development Services Old Adobe Development Services 324.09 200292 07/13/2011 07/13/2011 General Fund General Fund City Hall Annex /Bldg/Facilty Old Adobe Development Services 216.66 324.09 200292 07/13/2011 General Fund Park Maint /Contractual S Park Maint /Contractual S Old Adobe Development Services 864.24 Old Adobe Development Services 648.18 Check Total: 3,708.33 200293 200293 07113/2011 07/13/2011 General Fund General Fund Park Maint /Heat/Light/Po Pacific Gas & Electric 67.12 200293 07/13/2011 General Fund .Non- Department /Heat/Light/Po Non- Department /Heat/Light/Po Pacific Gas & Electric Pacific 22'84 200293 200293. 07%13/2011 General Fund Alicia Park /Heat/Light/Po Gas & Electric Pacific Gas &Electric 188.79 07/13/2011 General Fund R.P. Gymnasium /Heat/Light/Po Pacific Gas & Electric 178'25 2,647.99 Check Total: 3,104;99 200294 07/13/2011 General Fund Pers'L & Purch /Professional PATRICK CLARK CONSULTING 6,237.00 AP - Checks for Approval ( 07/20/2011 - 10:23 AM ) Page 19 Check Number Check Date Fund Name Account Name Vendor Name Amount Check-Total: 6-23700 200295 07/13/2011 General Fund 200295 07/13/2011 General Fund 200296 1 07/13/2011 General Fund 200297 07/13/2011 General Fund 200298 07/13/2011 General Fund 200299 07/13/2011 General Fund 200300 07/13/2011 General Fund 200300 07/13/2011 General Fund 200300 07/13/2011 General Fund 200300 07/13/2011 General Fund 200300 07/13/2011 General Fund 200300 07/13%2011 General Fund 200300 07/13/2011 General Fund 200300 07/13/2011 General Fund Planning /Travels & Mee Planning /Auto Allowanc Publ Works Gen /Gas & Oil Police /Travels & Mee RICK PEDRONCELLI RICK PEDRONCELLI PG &E Patty Poon Animal Control /Spec. Departm. Raley's Police /Gas & Oil Police /Gas & Oil Police /Gas & Oil Police /Gas & Oil Police /Gas & Oil Publ Works Gen /Gas & Oil Police /Gas & Oil Police /Gas & Oil Red Wing Shoes Redwood Coast Petroleum Redwood Coast Petroleum Redwood Coast Petroleum Redwood Coast Petroleum Redwood Coast Petroleum Redwood Coast Petroleum Redwood Coast Petroleum Redwood Coast Petroleum Check Total: Check Total: Check Total: Check Total: Check Total: 17.50 54.06 71.56 '80.51 80.51 13.30 13.30 19.80 19.80 300.00 300.00 1,687.94 769.29 824.36 588.83 669.81 1,518.91 569.60 553.11 Check Total: 7,181.85 200301 07/13/2011 General Fund Police /Spec. Departm Redwood Lock & Key 3.83 200301 07/13/2011 General Fund Park Maint /Spec. Departm Redwood Lock & Key 222,28 Check Total: 226.11 200302 07/13/2011 General Fund Police /Spec. Departm Redwood Veterinary Clinic 323:71 AP - Checks for Approval ( 07/20/2011 - 10:23 AM) Page 20 Check Number Check Date Fund Name Account Name, Vendor Name Amount Check Total: 323.71 2003.03 07/13/2011 General Fund Police /Self - Insured Reliable Auto Glass 263.73 Check Total: 263.73 200304 07/13/2011 General Fund PW- Traffic Signals /Contractua Republic ITS Inc 200304 07/13/2011 General Fund PW- Traffic Signals /Contractua Republic ITS Inc 2,455.60 687.33 Check Total: 3,142.93 200305 07/13/2011 General Fund Animal Shelter /Fac Maint/Non- RJ Mechanical Inc. 200305 07/13/2011 General Fund R.P. Comm. Cntr/Fac Maint/Non- RJ Mechanical Inc. 180.00 180.00 Check Total: 360.00 200306 07/13/2011 General Fund Cash Rohnert Park Disposal 200306 07/13/2011 General Fund Refuse Franchise Fees Rohnert Park Disposal 132,574.09 200306 07/13/2011 General Fund Admin,Sves.- Refuse Rechg Rohnert Park Disposal - 85,531.67 200306 07/13/2011 General Fund Admin. Svcs.-Refuse Rechg Rohnert Park Disposal. - 29,936.09 - 17,106.33 Check Total: -0.00 200307 200307 07/13/2011 07/13/2011 General Fund General Fund Police Nehicle Repai Royal Coach Chevron Car Wash 61.00 200307 07/13/2011 General Fund Publ Works Gen Nehicle Repai Royal Coach Chevron Car Wash 62.00 Rec. Programs. Nehicle Repair Royal Coach Chevron Car Wash 95.49 Check Total: 218.49 200308 200308 07/13/2011 07/13/2011 General Fund General Fund Police Nehicle Repai Santa Rosa Auto Parts 12.51 200308 07/13/2011. General Fund Police Nehicle Repai Publ Works Gen. Nehicle Repai Santa Rosa Auto Parts Santa Rosa Auto Parts 6.18 200308 07/13/2011 General Fund Police Nehicle Repai Santa Rosa Auto Parts 6.85 18.29 Check Total: 43.83 200309. 200309 07/13/2011 07/13/2011 General Fund General Fund Publ Works Gen Bldg/Facilty Santa. Rosa Fire Equipment Sery - 120.55 200309 07/13/2011 General Fund Publ Works Gen Bldg/Facilty Publ Works Gen Bldg/Facilty Santa Rosa Fire Equipment Sery Santa 113.50 . Rosa Fire Equipment Sery 225.00 AP - Checks for Approval ( 07/20/2011 - 10:23 AM) Page 21 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 217.95 200310 07/13/2011 General Fund Publ Works Gen /Clothing Allo Santa Rosa Shoes 300.00 200310 07/13/2011 General Fund Publ Works Gen /Clothing Allo Santa Rosa Shoes 300.00 Check Total: 600.00 200311 07/13/2011 General Fund Fire /Uniforms Santa Rosa Uniform& Career Ap 20.75 200311 07/13/2011 General Fund Police /Uniforms Santa Rosa Uniform & Career Ap 120.34 200311 07/13/2011 G. eneral Fund Police /Uniforms Santa Rosa Uniform & Career Ap 59.08 Check Total; 200.17 200312 07/13/2011 General Fund Police /Vehicle Repai SCOTT SIGNS 741,50 Check Total: 741.50 200313 07/13/2011. General Fund Community Event/Spec. Dep Sign A Rama 17.52 Check Total: 17.52 200314 07/13/2011 General Fund Fire /C/0-Equipment Silverado Avionics, Inc. 545.34 Check Total: 545.34 200315 07/13/2011 General Fund MATTHEW SNODGRASS 150.00 Check Total: 150.00 200316 07/13/2011 General Fund Ceramics Studio -Cont Svcs Randy Snyder 687.00 Check Total: 687.00 200317 07/13/2011 General Fund Streets & Bike /Spec. Departm Syar Industries, Inc. 97.97 Check Total`. 97.97 200318 07/13/2011 General Fund Animal Control /Spec. Departm Target Bank 14.09 AP - Checks for Approval ( 07/20/2011 - 10:23 AM) Page 22 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 14.09 200319 07/13/2011 General Fund H Pool Bldg/Facilty USA Blue Book 1,703.56 Check Total: 1,703.56 200320 200320 07/13/2011 07/13/2011 General Fund General Fund P/S Personnel /Eye Care P/S Personnel /Eye Care Vision Health Optomerty Vision Health Optomerty 150.00 150.00 Check Total: 300.00 200321 200321 200321 07/13/2011 07/13/2011 .07/13/201 I General Fund General Fund General Fund Data Processing /Contractual S Data Processing /Contractual S Data Processing /Contractual S Vision Internet Providers, Inc Vision Internet Providers, Inc Vision Internet Providers, Inc 220.50 280.35 67.50 Check Total: 568.35 200322 07/14/2011 General Fund Court Order Payable CA FRANCHISE TAX BOARD 18.86 Check Total: 18.86 200323 07/14/201 I General Fund Court Order Payable CA FRANCHISE TAX BOARD 285.00 Check Total: 285.00 200324 07/14/2011 General Fund Blue Cross W/H Payable HSA Bank 125.00 Check Total: 125.00 200325 200325 07/14/2011 07/14/2011 General Fund General Fund Kaiser W/H Payable Emplyee Benfits /Medical Insur KAISER HEALTH PLAN. INC KAISER HEALTH PLAN INC 111,178.22 45,471.96 Check Total: 156,650.18 200326 07/14/2011 General Fund Kaiser W/H Payable KAISER HEALTH PLAN INC 1,997.14 Check Total: 1,997.14 200327 07/14/2011 General Fund Emplyee Benfits /Medical Insur KAISER HEALTH PLAN INC 689.78 AP - Checks for Approval ( 07/20/2011 - 10:23 AM) Page 23 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 689.78 200.328 07/14/2011 General Fund Standard Ins Payable MYERS- STEVENS & TOOHEY 1 24800 200329 07/14/201.1 General Fund 200329. 07/14/2011 General Fund 200330 07/14/2011 General Fund 200331 07/14/2011 General Fund 200332 07/14/2011 General Fund 200333 07/14/2011 General Fund 200334 07/20/2011 General Fund 200335 07/20/2011 Utility Fund 200336 , 07/20/2011 Utility Fund 200336 07/20/2011 Utility Fund Check Total: 1,248.00 Def Comp Payable -Gw NATIONAL DEFERRED COMPENSATIO 1,225.00 Def Comp Payable -Gw NATIONAL DEFERRED COMPENSATIO 2,622.50 Check Total: 3,847.50 Rpea Dues CITY OF ROHNERT PARK 345.00 Scope Dues Payable United Way Payable SEIU Local 1021 UNITED WAY Check Total: Cheek Total: Check Total: Def Comp Payable -Gw NATIONAL DEFERRED COMPENSATIO Check Total: Refundable Deposits Whitlock & Weinberger Transpor Check Total: Water Entr. /Professional Water Entr. . /Professional Water Entr. /Professional Caltest Analytical Laboratory Gemini Group Gemini Group Check Total: 345.00 1,097.86 1,097.86 85.00 85.00.. 2,727.51 2,727.51 205.00 205.00 973.75 973.75 5,218.00 226.48 Check Total: 5,444,48 AP - Checks for Approval ( 07/20/2011 - 10:23 AM) Page 24 Check Number Check Date Fund Name Account Name Vendor Name Amount 200337 07/20/2011 Utility Fund Water Entr. /Miscellaneous Pollard Water.com 3,166.10 Check Total: 3,166.10 200338 07/20/2011 Utility Fund Sewer Entr. Bldg/Facilty Telstar Instruments Inc. 500.00 Check Total: 500.00 200339 200339 07/20/2011 07/20/2011 General Fund General Fund R.P. Comm. Cntr Bldg/Facilty ABM Janitorial Services - Nort 85.00 200339 07/2Q/2011 General Fund R.P. Comm. Cntr Bldg/Facilty Burt/Ave Rec Cr Bldg/Facilty ABM Janitorial Services -Nort ABM Janitorial 220.00 200339 07/20/2011 General Fund R.P. Comm. Cntr Bldg/Facilty Services - Nort ABM Janitorial Services - Nort 72.00 36.00 Check Total: 413.00 200340 07/20/2011 General Fund P/S Bldg -South /Telephone AT &T 30.23 Check Total: 30.23 200341 07/20/2011 General Fund Community Event.Contracts Big 4 Party 200341 07/20/2011 General Fund Community Event.Contracts Big 4 Party 273.75 200341 07/20/2011 General Fund Community Event,Contracts Big 4 Pay 273.75 273.75 Check Total: 821.25 200342 200342 07/20/2011 General Fund General Fund Pac /Facility Repa Buchanan Food Service 143.68 200342 .07/20/2011 07/20/2011 General Fund Pac /Facility Repa City Hall /Fac Maint/Non- Buchanan Food Service 255.62 Buchanan Food Service 133.80 Check Total: 533.10 200343 07/20/2011 General Fund Fire /Vehicle Repai Burton's Fire, Inc. 434.36 Check Total: 434.36 200344 07/20/2011 General Fund Building Standards Special Rev CA BUILDING STANDARDS 122.90 Check Total: 122.90 200345 200345 07/20/2011 07/20/2011 General Fund General Fund Ceramics Studio -Copt Svcs Michele Carter 117.00 Ceramics Studio -Cont Svcs Michele Carter 48.75 A.P - Checks for Approval ( 07/20/2011 - 10:23 AM ) Page 25 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 165.75 200346 07/20/2011 General Fund Burt/Ave Rec Cr /Spec. Departm City Electric Supply 479.69 200347 07/20/2011 General Fund 200348 ..07/20/2011 General Fund 200348 .07/20/2011 General Fund 200348 07/20/2011 General Fund 200349 07/20/2011 General Fund 200350 07/20/2011 General Fund 200351 07/20/2011 General Fund 200351 07/20/2011 General Fund 200351 07/20/2011 General Fund Police /Armory Strong Motion - Category l Strong Motion - Categoryl Seismic Training City of Fairfield Check Total: Check Total: DEPARTMENT OF CONSERVATION DEPARTMENT OF CONSERVATION DEPARTMENT OF CONSERVATION Check Total: Publ Works Gen /Spec. Departm Eureka Oxygen Co. Animal Control/Medications R.P Comm. Cntr /Bldg/Facilty R.P. Comm. Cntr /Bldg/Facilty Park Maint /Spec. Departm Golden Gate Pharmacy Grainger, Inc. Grainger, Inc. Grainger, Inc. Check Total: Check Total: 479.69 1,400.00 1,400.00 2.10 908.45 -45.52 865.03 512.95 512.95 38.33 38.33 -4.70 52.29 3.30 Check Total: 50.89 200352 200352 07/20/2011 07/20/20.11 General Fund General Fund Streets & Bike /Contractual S Streets& Bike /Contractual S Ground Hog Construction Ground Hog Construction 3 200.00 2,100.00 Check Total: 5,300.00 200353 07/20/2011 General Fund PW- Landscape/Landscape Sup Home Depot 81.73 Check Total: 81.73 200354 07/20/2011 General Fund City Hall Bldg/Facilty InfoStor 34.50 AP - Checks for Approval ( 07/20/2011 - 10:23 AM) Page 26 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 34.50 200355 07/20/2011 General Fund City Hall /Office Supplie. JAY'S ENGRAVING & RUBBER 69.48 Check Total: 69.48 .200356. 07/20/2011 General Fund R.P.. Gymnasium Bldg/Facilty Kelly -Moore Paint Company, Inc . 83.40 Check Total: 83.40 200357 200357 200357 200357 07/20/2011 07/20/2011 07/20/2011 07/20/2011 General Fund General Fund General Fund General Fund City Hall /Office Supplie City Hall /Office Supplie City Hall /Office Supplie R.P. Comm. Cntr /Spec. Departm Office Depot Office Depot Office Depot Office Depot 674.32 43.98 96.29 59.86 Check Total: 874.45 200358 07/20/2011 General Fund Pac /Facility Repa Old Adobe Development Services 1,618.00 Check Total: 1,618.00 . 200359 07/20/2011 General Fund Pers'L & Purch /Recruitment/D Gary M. Olson, PH.D. 300.00 Check Total: 300.00 200360 .07/20/2011 General Fund Pers'L & Purch /Professional PATRICK CLARK CONSULTING 7,910:27 Check Total: 7,910.27 200361 200361 07/20/2011 07/20/2011 General Fund General Fund Red Wing Shoes Red Wing Shoes 300.OQ 287.74 Check Total: 587.74 200362 200362 200362 07/20/2011 07/20/2011 07/20/2011 General Fund General Fund General Fund Police /Gas & Oil Publ Works Gen /Gas & Oil Police /Gas & Oil Redwood Coast Petroleum Redwood Coast Petroleum Redwood Coast Petroleum 195.97 195.97 838.15 Check Total: 1,230.09 AP Checks for Approval ( 07/20/2011.- 10:23 AM ) Page.27 Check Number Check Date Fund Name Account Name Vendor Name Amount .200363 200363 07/20/2011 07/20/2011 General Fund Street Lighting /Contractual S Republic ITS Inc 4,955.00 General Fund Non- Depart ment /Self - Insured Republic ITS Inc 3,675.00 Check Total: 8,630.00 200364 07/20/2011 General Fund Publ Works Gen /Haz Materials Rohnert Park Disposal 400.00 Check Total: 400.00 200365 07/20/2011 General Fund Community Event.Contracts Chris Rovetti 500.00 Check Total: 500.00 200366 07/20/2011 General Fund Data Processing /Contractual S Santa Rosa Community Media Acc 663.75 Check Total: 663.75 200367 07/20/2011 General Fund Booking Fees /Contractual S So Co Sheriffs Department 4,131.00 200367 07/20/2011 General Fund Booking Fees /Contractual S So Co Sheriffs Department 3,927.00. Check Total: 8,058.00. .20036.8 07/20/2011 General Fund City Hall Annex/Fac Maint/Non- Tel Con Communications 2,223.54 - Check Total: 2,223.54 200369 07/20/2011 General Fund Park Maint /Spec. Departm Tomark Sports 650.14 Check Total: 650.1.4 200370 07/20%2011 General Fund City Hall Bldg/Facilty Universal Building Services 1,150.00 Check Total: 1,150.00 200371 07/20/2011 General Fund Pac /Production WEAPONS OF CHOICE 72.00 Check Total: 72.00 200372 07/20/2011 Utility Fund Water Entr. /Spec. Departm Friedman's 61.88 AP - Checks for Approval ( 07/20/2011 - 10:23 AM) Page 28 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 61.88 200373 07/20/2011. Utility Fund Water Entr. /Miscellaneous. Grainger, Inc. 183.06 200373 200373 07/20/2011 Utility Fund Water Entr. /Spec Dept Equ Grainger, Inc. - 36.23 07/20/2011 Utility . Fund Water Entr. /Spec Dept Equ Grainger, Inc. 220.12 200373 07/20/2011 Utility Fund Water Entr. /Spec. Departm Grainger, Inc. 309.35 200373 07/20/2011 Utility Fund Water Entr. /Spec. Departm Grainger, Inc. 29.10 200373 67/20/2011 Utility Fund Water Entr. /Spec Dept Equ Grainger, Inc. 134.04 Check Total: 545.78 200374 07/20/2011 Utility Fund Water Entr. /Spec. Departm Home Depot 216.24 200374 07/20/2011 Utility Fund Water Entr. /Spec. Departm Home Depot 45.37 Check Total: 261.61 200375 07/20/2011 Utility Fund Water/Vehicle Repairs Nor -Cal Truckbodies, Inc. 500.00 Check Total: 500.00 200376 07/20/2011 Utility Fund Water Entr. /Office Supplie Office Depot 185.20 Check Total: 185.20 200377 07/20/2011 Utility Fund Water Ent/Distrib SystemRepair Pace Supply 71,27 Check Total: 71.27 200378 07/20/2011 Utility Fund Water Entr. /C /0- Vehicles/ Pep Boys 41.15 Check Total: 41.15 .200379 07/20/2011 Utility Fund Water/Vehicle Repairs Power Industries c A) Check Total: 200380 07/20/2011 Utility Fund Water Conservation Measures Abigail Rios Check Total: AP - Checks for Approval ( 07/20/2011 - 10;23 AM) Page 29 5.42 37.50 37.50 Check Number Check Date Fund Name .Account Name Vendor Name Amount 200381 200381 200381: 200381 200381 200381 07/20/2011 07/20/2011 07/20/2011 07/20/2011 07/20/2011 07/20/2011 Utility Fund Utility Fund Utility Fund Utility Fund Utility. Fund Utility Fund Water Ent/Distrib SystemRepair Water Ent/Distrib SystemRepair Water Ent/Distrib SystemRepair Water Ent/Distrib SystemRepair Water Ent/Distrib SystemRepair Water Ent/Distrib SystemRepair Shamrock Materials Shamrock Materials Shamrock Materials Shamrock Materials Shamrock Materials Shamrock Materials 105.44 105.44 105.44 103.31 105.44 86.27 Check Total: 611.34 200382 07/20/2011 Utility Fund Water Entr. /C /O- Vehicles/ Six Robblees' Inc. 199.22 Check Total: 199.22 200383 07/20/2011 Utility Fund Water /Clothing Allowance Sunset Linen Service 49.59 Check Total: 49.59 200384 07/20/2011 Utility Fund Water Entr. /Spec Dept Equ USA Blue Book 223.81 Check Total: 223.81 200385 07/20/2011 Utility Fund Sewer Entr. /Small Tools Grainger, Inc. 19.29 Check Total: 19.29 200386 07/20/2011 Utility Fund Sewer Entr. Nehicle Repair Lithia Motors Payment Processi 140.02 Check Total: 140.02 200387 07/20/2011 Utility Fund Sewer Entr. Nehicle Repair Municipal Maintenance Equipmen 195.53 Check Total: 195.53 200388 200388 200388 07/20/2011 07/20/2011 07/20/2011 Utility Fund Utility Fund Utility . Fund Sewer Ent/Collect SystemRepair Sewer Ent/Collect SystemRepair Sewer Ent/Collect SystemRepair. Pace Supply Pace Supply Pace Supply 586.94 104.69 43.09 Check Total: 734.72 200389 07/20/2011 Utility Fund Water Conservation Measures Abigail Rios 37.50 AP - Checks for Approval ( 07/20/2011 - 10:23 AM) Page 30 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 37.50 200390 07/20/2011 Utility Fund Sewer Entr. /Laguna Plant/ City of Santa Rosa 678,3'16.83 Check Total: 678;316.83 200391 07/20/2011 Utility Fund Sewer Entr.. /Clothing Allow Sunset Linen Service 20.48 Check Total: 20.48 200392 07/20/2011 General Fund R.P. Comm. Cntr /Bldg/Facilty Aramark Uniform Services 200392 07/20/2011 General Fund Animal Shelter /Bldg/Facilty M Aramark Uniform Services 86.50 20.73 Check Total: 107.23 200393 07/20/2011 General Fund R.P. Comm. Cntr /Contractual S . Art & Soul Music Studios 185.25 Check Total: 185.25 200394 07/20/2011. General Fund Data Processing / Telephone AT &T 5,248.82 Check Total: 5,248.82 200395 07/20/2011. General Fund P/S Bldg -North /Telephone AT &T 200395 07/20/2011 .General Fund Ps Main Station /Telephone AT &T 29 78 41.76 Check Total: 71.54 200396 07/20/2011 General Fund Data Processing/Cellular Phone AT &T Internet Services 750.00 Check Total: 750.00 200397 07/20/2011 General Fund Community Event.Contracts Adam Bernie 500.00 Check Total: 500.00 200398 07/20/2011 General Fund Fire /Spec Dept Equ BK.Upholstery 185.00 Check Total: 185.00 . AP - Checks for Approval ( 07/20/2011 - 10:23 AM) Page 31 Check Number Check Date Fund Name Account.Name Vendor Name Amount 200399 07/20/2011 General Fund Sports Center /Contractual S Sherry Blanchard 1,170:00 Check Total: 1,170.00 200400 07/20/2011 General Fund Sports Center /Contractual S Pete Breeland 200400 07/20/2011 General Fund Sports Center /Contractual S Pete Breeland 78.00. 13.00 Check Total: 91.00 200401 07/20/2011 General Fund Animal Shelter Bldg/Facilty M Buchanan Food Service 250.50 Check Total: 250.50 200402 07/20/2011 General Fund Fire Nehicle Repai Burton's Fire, Inc. 132,61 Check Total: 132.61 200403 07/20/2011 General'Fund Animal Control/Medications Butler Schein Animal Health Su 101.34 200403 07/20/2011 General Fund Animal Control/Medications Butler Schein Animal Health Su 446.36 Check Total: 547.70 200404 07/20/2011 General Fund R.P. Comm. Cntr /Contractual S Michele Carter 97.50 Check Total: 97.50 200405 07/20/2011 General Fund H Pool /Concession Pu Clover Stornetta Farms, Ina 189.68 Check Total: 189.68 200406 07/20/2011 General Fund R.P. Comm. Cntr Bldg/Facilty Comcast 200406 07/20/2011 General Fund Center /Spec. Departm Comcast .38 13 13.25 Check Total: 55.63 200407 07/20/2011 General Fund Sports Center /Publicity COMMERCIAL NEWSPAPER 294.95 ' Check Total: 294.95 .200408 07/20/2011 General.Fund Publ Works Gen /Spec. Departm Complete Welders Supply 200408 07/20/2011 General Fund Publ Works Gen /Spec.. Departm Complete Welders Supply 50.80 50.80 AP - Checks for.Approval ( 07/20/2011 - 10:23 AM) Page 32 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 101,60, 200409 07/20/2011 General Fund R.P. Comm. Cntr /Contractual S Dana Davis 200410 07/20/2011 General Fund 200411 07/20/2011 General Fund 200412 07/20/2011 General Fund 200413 07/20/2011 General Fund 200413 07/20/2011 General Fund 200414. 07/20/2011 General Fund 200414 07/20/2011 General Fund 200414 07/20/2011 General Fund 200414 07/20/2011 General Fund 200414 .07/20/2011 General Fund 200414 07/20/2011 General Fund 200414• 07/20/2011 General Fund 200414 07/20/2011 General. Fund Benecia Pool /Spec. Departm Police /Contractual S Check Total: Electrical Equipment Company, Check Total: Entersect R.P, Comm. Cntr /Contractual S Robert Flannery Animal Control /Spec. Departm Frizeile -Enos Company Animal Control /Spec. Departm Frizelle -Enos Company H Pool Bldg/Facilty Grainger, Inc. PW- Landscape/Landscape Sup Grainger, Inc. Publ Works Gen /Small Tools Grainger, Inc. P/S Bldg -North /Bldg/Facilty Grainger, Inc. Publ Works Gen /Small Tools Grainger, Inc. Publ Works Gen /Small Tools Grainger, Inc. Pac /Facility Repa Grainger, Inc. R.P. Gymnasium Bldg/Facilty Grainger, Inc. Check Total: Check Total: Check Total: Check Total: 29.25 885.39 885.39 84.95 84.95 270.40 270.40 138.90 192.29 331.19 23.59 63.29 63.54 58.90 282.51 19.26 133.03 233.45 877,57 200415 07/20/2011 General Fund Rec Ref Clearing Esthela Hernandez 400.00 200415 07/20/2011 General Fund Rec Ref Clearing Esthela Hernandez - 175.00 Check Total: 225.00 200416 07/20/2011 General Fund Animal Control /Shelter Food Hill's Pet Nutrition Sales, In 57.81 AP - Checks for Approval ( 07/20/2011 - 10:23 AM) Page 33 Check Number Check Date Fund Name Account Name Vendor Name Amount 200416 200416 07/20/2011 07/20/2011 General Fund General Fund Animal Control /Shelter Food Animal Control /Shelter Food Hill's Pet Nutrition Sales, In Hill's Pet Nutrition Sales, In 434.74 212.66 Check Total: 705.21 200417 200417 07/20/2011 07/20/2011 General Fund General Fund Ladybug Rec Bld /Bldg/Facilty R.P. Gymnasium Bldg/Facilty The Hitmen Termite & Pest Control The Hitmen Termite & Pest Control 53.00 60.60 Check Total: 113.00 200418 20041.8 200418 200418 07/20/2011 07/20/2011 07/20/2011 07/20/2011 General Fund General Fund General Fund General Fund R.P. Gymnasium /Bldg/Facilty R.P. Comm. Cnti• Bldg/Facilty H Pool /Bidg/Facilty Fire /Spec Dept.Equ Home Depot Home Depot Home Depot Home Depot 66.12 66.12 17.37 231.97 Check Total: 381.58 200419 200419 07/20/2011 07/20/2011 General Fund General Fund Streets & Bike / Landscape Sup P W- Lan dscape/Landscape Sup Horizon Distributors Inc. Horizon Distributors Inc. 58.33 19.1.39 Check Total: 249.72 200420 07/20/2011 General Fund Sports Center /Contractual S Honor Jackson 280.00 Check Total: 280.00 200421 07/20/2011 General Fund Community Event. Contracts Jami Jamison 500.00 Check Total: 500.00 200422 200422 07/20/2011 07/20/2011 General Fund General. Fund R.P. Gymnasium Bldg/Facilty Publ Works Gen /Spec. Departm Kelly -Moore Paint Company, Inc Kelly -Moore Paint Company, Inc 8.76 607.40 Check .Total: 616.16 200423 200423 200423 200423 200423 07/20/2011 07/20/2011 07/20/2011 07/20/2011 07/20/2011 General Fund General Fund General Fund General Fund General Fund Sports Center /Contractual S Sports Center /Contractual S Sports Center /Contractual S Sports Center /Contractual S R.P. Comm. Cntr /Contractual S Martial Arts Academy Martial Arts Academy Martial Arts Academy Martial Arts Academy Martial Arts Academy 936.00 129.00 273.00 44.00 396.50 AP - Checks for Approval ( 07/20/2011 -.10:23 AM) Page 34 Check Number Check Date Fund Name Account Name Vendor Name Amount AP - Checks for Approval ( 07/20/20.11 - 10:23 AM) . Page 35 Check Total: 1,778.50 200424 200424 07/20/2011. 07/20/2011 General Fund General Fund Pac /City Events /Contractual S Pac /City Events /Contractual S N2 Holdings, Inc N2 Holdings, Inc .60 1, 164164.60 Check Total: 1,185.20 200425 07/20/2011 General Fund Finance /Spec. Departm National Document Solutions, L 388.39 Check Total: 388.39 200426 07/20/2011 General Fund Police /Office Supplie CBS Newcal, Inc. 66.00 Check Total: 66.00 200427 200427 200427 200427 200427 07/20/2011 07/20/2011 07/20/2011 . 07/20/2011 07/20/2011 General Fund General Fund General 'Fund General Fund General Fund R.P. Comm. Cntr /Spec. Departm City Hall /Office Supplie Codding Center /Office Supplie Sports Center /Office Supplie Theatre /Office Supplie Office Depot Office Depot Office Depot Office Depot Office Depot 23.79 59.02 105.06 110:21 172 08 Check Total: 470.16 200428. 07/20/2011 General Fund R.P. Comm, Cntr /Contractual S Petaluma School of Ballet, LLC 257.14 Check Total: 257.14 200429 07/20/2011 General Fund Non -Dept Leases/Transfer Out . PNC Equipment Finance 7,809.42 Check Total: 7,809.42 200430 200430 200430 200430 200430 .200430 07/20/2011 07/20/2011 07/20/2011 07/20/2011 07/20/2011 07/20/201 1 General Fund General Fund General Fund, General Fund General Fund General Fund Police /Gas & Oil Police /Gas & Oil Publ Works Gen /Gas & Oil Publ Works Gen. /Gas & Oil Police /Gas & Oil Police /Gas & Oil Redwood Coast Petroleum Redwood Coast Petroleum Redwood Coast Petroleum Redwood Coast Petroleum Redwood Coast Petroleum Redwood Coast Petroleum 752.18 574.43 1,531.91 682.64 708.53 805.60 Check Total: 5,055:29 AP - Checks for Approval ( 07/20/20.11 - 10:23 AM) . Page 35 Check Number. Check Date Fund Name Account Name Vendor Name Amount 200431 200431 07/20/201.1 07/20/2011 General Fund General Fund Non- Department /Insurance /Sur EAP Expense Redwood Empire Municipal Insur Redwood Empire Municipal Insur 12,150.00 712.30 Check Total: 12,862.30 200432 200432 200432 07/20/2011 07/20/2011 07/20/2011. General.Fund General Fund General Fund Animal Control /Spec. Departm Non - Department /Self - Insured Non - Department /Self - Insured Redwood Lock & Key Redwood Lock & Key Redwood Lock & Key 21.70 98.00 772.95 Check Total: 892.65 200433 07/20/2011 General Fund City Manager /Travels & Mee Rohnert Park Chamber of Commer 25.00 Check Total: 25.00 . 200434 07/20/2011 General Fund Publ Works Gen /Haz Materials Safety-Kleen Systems, Inc. 311.16 Check Total: 311.16 200435 200435 200435 200435 07/20/2011 07/20/2011 07/20/2011 07/20/2011 General Fund General Fund General Fund General Fund Planning Nehicle Repair Publ Works Gen Nehicle Repai Publ Works Gen Nehicle Repai Police Nehicle Repai Santa Rosa Auto Parts Santa Rosa Auto Parts Santa Rosa Auto Parts Santa Rosa Auto Parts 51.72 21 .00 121.85 461.70 Check Total: 662.27 200436. 07/20/2011 General Fund Benecia Pool Bldg/Facilty . Santa Rosa Cash Register, Inc. 150.00 Check Total: 150.00 200437 200437 07/20/2011 07/20/201.1 General Fund General Fund Streets & Bike /Spec. Departm Park Maint /Spec. Departm Shamrock Materials Shamrock Materials 1,271.74 148.68 Check Total: 1,420.42 260438 200438 07/20/2011 07/20/2011 General Fund General Fund Community Event/Spec. Dep H Pool /Bldg/Facilty Sign A Rama Sign A Rama 17 .52 117.50 Check Total: 127.02 200439 07/20/2011 General Fund Publ Works Gen /Spec. Departm Six Robblees' Inc. 8.55 Page 36 AP -Checks for Approval( 07/20/2011 - 1.0:23 AM) Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 8.55 Wow 07/20/2011 General Fund Andre Smith 400.00 Check Total: 400.00 200441 07/20/2011 General Fund Animal Control /Contractual S Sonic.net, Inc. 9.95 Check Total: 9.95 200442 07/20/2011 General Fund Pubi Works. Gen /Clothing Allo Sunset Linen Service 111.46 Check Total: 111.46 200443 07/20/2011 General Fund R.P. Comm. Cntr /Contractual S DENISE THURMAN 124.80 Check Total: 124.80 200444 07/20/2011 General Fund Data Processing /Spec. Departm The UPS Store 23.71 Check Total: 23.71 200445 07/20/2011 General Fund Pac /Concessions Village Bakery 263.20 Check Total: 263:20 200446 07/20/2011 General Fund Vision Health Optomerty 65.00 Check Total: 65.00 200447 07/20/2011 General Fund PW- Landscape/Landscape Sup West Cal Tractor 200447 07/20/2011 General Fund PW- Landscape/Landscape Sup West Cal Tractor 6.47 25.52 Check Total: 31.99 AP - Checks for Approval ( 07/20/2011 - 10:23 AM) Page 37 Check Number Check Date Fund Name Account Name Vendor Name Amount Report Total: 2,507,023.93 AP - Checks for Approval ( 07/20/2011 - 10:23 AM) Page 38 _ CITY OF ROHNERT PARK COMMUNITY DEVELOPMENT COMMISSION BILLS FOR ACCEPTANCE July 26, 2011 Check Numbers: 5816 - 5822 $ 286,054.68 Dated: July 13, 2011 - July 20, 2011 TOTAL $ 286,054.68 Accounts Payable Checks for Approval User: ccolburn Printed: 07/20/2011 - 10:18 AM Check Number Check Date Fund Name Account Name Vendor Name Amount 5816 5816 07/13/2011 07/13/2011 Low & Moderate Income Housing Low &Moderate Income Housing Contractual Services Contractual Services Committee on the Shelterless Committee on the Shelterless 75,000.00 89,281.00 Check Total: 164,281.00 5817 07/13/2011 Low & Moderate Income Housing Contractual Services Rebuilding Together 70,000.00 Check Total: 70,000.00 5818 07/13/2011 Low & Moderate Income Housing Contractual Services Sonoma County Adult/Youth Deve 32,500.00 Check Total: 32,500.00 5819 07/13/2011 Redevelopment General Fund Professional Services Kahn, Soares & Company, LLP 2,000.00 Check Total: 2,000.00 5820 07/13/2011 Low & Moderate Income Housing Professional Services Burke, Williams & Sorensen, LL 6,083.64 Check Total: 6,083.64 5821 07/13/2011 Low & Moderate Income Housing SW Blvd Affordable Housing Dama Contruction 8,905.95 Check Total: 8,905.95 5822 07/20/2011 Low & Moderate Income Housing Contractual Services Seifel Consulting Inc 2,284.09 Check. Total: 2,284.09 AP - Checks for Approval ( 07/20/2011 - 10:18 AM) Page 1 Check Number Check Date Fund Name Account Name Vendor Name Amount Report Total: 286,054.68 AP - Checks for Approval ( 07/20/2011 - 10:18 AM) Page 2 Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2nd & 4th Tuesdays of each month: . Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via email for review and approval as to form DUE no later than NOON Three (3) Mondays prior to Council meeting date . Agenda items to City Manager via email for his review and responding ..email authorization", synchronized with above timeframe of Assistant City Attorney review, and an email copy to the City Clerk for drafting agendas · Agenda Items with attachments via email and a total of twenty (20) complete hard copy sets with 2 sets single-sided & 18 sets double-sided/stapled to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting date . Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday morning One (1) week prior to Council meeting date · Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on Thursday afternoon One (1) week prior to Council meeting date in compliance with Rohnert Park Municipal Code Section 2.08.020 and related Resolution No. 2008-173 {This section for City Clerk Use Only} 7/26/11 City Council Agenda Item No. 6.C.l Resolution No. 2011-62 CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: July 26, 2011 Department: Development Services Submitted By: (Name & Tille) . Submittal Date: Patrick Barnes, Deputy City Engineer July 11,2011 Agenda (Subject Only) Title: Authorize and Approve Master Design Professional Agreement with . Baechtel Hudis, Inc, Requested Council Action: Authorize and approve. the Master Design Professional Agreement with Baechtel Rudis for Civil Engineering Services and authorize the City Manager to sign Task Orders in agreement with the terms and conditions of this Master Design Professional Agreement. Summary: The City of Rohnert Park has used the services of Baechtel Rudis for many years for general civil engineering services, Baechtel Rudis is willing to provide the City with supplemental engineering resources and is qualified to provide' such services. The attached agreement with Baechtel Rudis is similar to previous agreements in that they will provide civil engineering design services, such as street and bike path design, street resurfacing, underground utility design, traffic signals and pedestrian crossing design. Development review and capital projects would be charged to the respective developments and projects. Work for specific projects shall be authorized separately by "Task Order." The term of this Agreement shall be from the date of its execution until December 31,2015, unless earlier terminated, and may be extended for successive one-year term(s) upon mutual, written approval by the City Manager and/or his/her designee and Design Professional. Enclosures: Resolution, Draft Contract CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney. CITY MANAGER'S RECOMMENDATION: (X) Consent Item ( ) Regular Item (X) Approval ( ) Public Hearing Required ( ) Not Recommended ( ) Submitted with Comment ( ) Policy Determination by Council ( ) City Comments: Per City Manager's review and direction for distribution of this agenda item. (Revised 031309) JH:TG-S:05-b Staff Report Approve Master Design Professional Agreement with Baechtel Hudis. Inc. Requested Council Action: Approve the award of a master design professional services agreement contract to Baechtel Hudis for various civil engineering design tasks and authorize the City Manager to award Task Orders under $50,000. Background: The City often requires the assistance of municipal engineering and design services firms. There are three basic reasons the City uses these consultants: 1. To supplement staffing. 2, To provide replacement staffing 3. To provide expertise in areas where the City requires additional expertise. Suppleinent Staffing The City staff dedicated to engineering functions is less than 40% the size of equivalent cities. To keep City projects on track and development moving forward, it is important to have access to consultants to supplement staff. Staff is generally more cost effective than consultants, but consultants can be used on a cost effective basis to provide capacity when there is a surge of work. To Provide Replacement Staffing One result of maintaining a very small staff is that the City only has one of everything with little to no redundancy. We have two engineers (including the Development Services Director), one technician/surveyor, one public works inspector and one administrative assistant. . When we are managing construction projects, we are one illness or one family emergency away from not being able to properly supervise construction. We need to be able to call with a day or two notice to have an inspector on site. Providing Expertise A small staff cannot have the detailed level of expertise required to design all municipal projects and complete all the technical studies required by a City the size ofRohnert Park. We must, out of necessity, be generalists and managers. When a specialist is needed we need to hire a consultant. Baechtel Hudis is willing and able to provide civil engineering design services for street and bike paths, street resurfacing, and underground utilities. Page 1 on Current Status: Currently, the City hasMaster Agreements with Winzler and Kelly, Coastland Civil Engineering, Brelje & Race, and Green Valley. We also have a Master Agreement with W- Trans for traffic engineering work. Having a master agreement prearranges the terms and conditions between a consultant and the City allowing a contract to be issued quickly and efficiently, Insurance is already submitted and accepted. Doing this work once allows staff to save time and money and to move more readily into productive work. Having a master agreement in place allows the City the flexibility of calling a consultant and having atechnicalexpert stand in for a staff member who is ill or hasa family emergency. It would be impossible to negotiate a contract with a consultant rapidly enough to provide a stand by inspector to accommodate an illness or family emergency, Staff is, therefore, stuck in a dilemma with each project - take additional time and cost to solicit additional proposals and work up individual contracts, or stifle competition, perhaps resulting in greater fees. Either choice can create inefficiency and extra cost. The Goal of Staff The goal of staff is to have agreements in place which will reduce the time and cost required to get an agreement with a consultant while fostering competition which will raise quality and reduce costs. Adding Baechtel Hudis to the consultants we have Master Agreement with wilIfill an important niche' and further that goal. Financial Considerations: Funding This Master Agreement commits only $45,000 for engineering work over a five year period. This provides the ability to respond quickly to an emergency and avoids the cost of issuing a . specific task order for a couple hours of specialized work. Additional money can only be committed through a separate task order. In that case, funding is committed when the City enters into a task order under the master agreement. Each task order will be paid for out of the project funds,.enterprise funds or developer fees for which the work is completed. In accordance with the purchasing ordinance, small task orders under $50,000 will be approved by the City Manager. Larger task orders will be reviewed by City Council prior to proceeding. Savings There is a certain overhead to entering into a contract with a consultant. The city can do this for each design or service needed, or we can do one agreement that covers all work for multiple years by entering into a l)1aster agreement. Doing this work once allows staffto save time and money and to move more readily into productive work. Project Funding Task work is paid for by the project or development work for which the Task Order is issued. Page 2 00 Options: There are two options the Council could choose: I. Award the Master Agreement per staff recommendation. This will allow the City to augment staff in a relatively quick manner and provide for additional competition among the consultants. 2. Do not award this Master Agreement per staff recommendation. Staffwill continue to do individual contracts for each project except when limiting the City to consultants that have a master agreement in place, Recommendation: A ward the Master Agreement per staff recommendation. Page 3 on RESOLUTION NO. 2011-62 A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING MASTER DESIGN PROFESSIONAL AGREEMENT FOR CIVIL ENGINEERING SERVICES WIT>> BAECHTEL HUDIS, INC. WHEREAS, the City desires general civil engineering services, general city planning services, development review services, design services and construction management services related to capital projects and studies; and WHEREAS, Baechtel Hudis, Inc., is qualified to provide such services. NOW, THEREFORE, be it resolved by the City Council of the City ofRohnert Park that it does hereby authorize and approve an agreement by and between BaechteJ Hudis, Inc., a California Corporation, and the City of Rohnert Park, a municipal corporation, for general civil engineering design. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute this agreement in substantially similar form to the agreement, attached hereto and incorporated in as Exhibit A, for and on behalf of the City of Rohnert Park, subject to the approvbal of the City Attorney. DULY AND REGULARLY ADOPTED this 26tli day of July , 2011. CITY OF ROHNERT PARK Mayor ATTEST: City Clerk City ofRohnert Park 130 Avram Ave. Rohnert Park, CA 94928 MASTER AGREEMENT WITH BAECHTEL HUDIS, INC., FOR DESIGN PROFESSIONAL SERVICES THIS AGREEMENT is entered into as ofthe _ day of ,2011, by and between the CITY OF ROHNERT PARK ("City"), a California municipal corporation, and BAECHTEL HUDIS, INC., ("Design Professional")? a California corporation". Recitals WHEREAS, City desires to obtain design professional services on an as-needed basis; WHEREAS, Design Professional hereby represents to City that Design Professional is skilled and able to provide such services described in Section I of this Agreement; and WHEREAS, City desires to retain Design Professional pursuant to this Agreement to provide the services described in Section 1 ofthis Agreement. Agreement NOW, THEREFORE, IN CONSIDERA TIONOF THEIR MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Scope of Services. Subject to such policy direction and approvals as City rriay determine from time to time, Design Professional shall perform the services set out in the "Scope of Services" ("Services") attached hereto as ExhibitA. Additional work for specific projects may be authorized by separate "Task Order" in accordance with the terms of this Agreement. Design Professional's place of work is at 2360 Professional Drive, Santa Rosa, CA 95403-3021. 2. Time of Performance. The term of this Agreement shall be from the date of its execution until December 31, 2015, unless earlier terminated in accordance with Section 18, and may be extended for successive one-year term(s) upon mutual, written approval by the City Manager and/or his/her designee and Design Professional. A. Work authorized bya separate Task Order as contemplated by this Agreement shall be subject to the Schedule of Performance set forth in the Task Order. B. The services of Design Professional are to commence upon receipt of a written notice to proceed from City, but in no event prior to receiving a fully executed Agreement/Task Order from City and obtaining and delivering the required insurance coverage, and satisfactory evidence thereof, to City. Any changes to the dates in this Section or in the Task Order must be approved in writing by City. -1- J257804v]A 80078/00]2 OAK #4844-8147-5591 v4 OAK #4844-8147-5591 vl05 3. Compensation and Method of Payment. A. Compensation. The compensation to be paid to Design Professional, including both payment for professional services and reimbursable expenses, shall be at the rate and schedules attached hereto as Exhibit B. However, in no event shall the total amount City pays Design Professional exceed Forty-five Thousand Dollars ($45,000), Work authorized by a separate Task Order as contemplated by this Agreement shall be subject to the Compensation set forth in the Task Order. Payment by City under this Agreement shall not be deemed a waiver of unsatisfactory work, even if such defects were known to City at the time of payment. B. Timing of Payment. . (l) Design Professional shall submit itemized monthly invoices for work performed. City shall make payment, in full, within thirty (30) days after approval of the invoice by City. (2)' Payments due and payable to Design Professional for current services must be within the current budget and within an available, unexhausted and unencumbered appropriation of the City. In the event the City has not appropriated sufficient funds for payment of DesignProfessional services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion ofthe current fiscal year; payment for additional work .is conditional upon future City appropriation. C. Changes in Compensation. Design Professional will not undertake any work that will incur costs in excess of the amount set forth in Section 3(A) without prior written amendment to this Agreement. D. Standard ofOuality. City relies upon the professional ability of Design Professional as a material inducement to entering into this Agreement. All work performed by Design Professional under this Agreement shall be in accordance with all applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Design Professional's field of expertise, E, Taxes. Design Professional shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by Design Professional. F, No Overtime or Premium Pay. Design Professional shall receive no premium or enhanced pay for work normally understood as overtime, i.e" hours that exceed forty (40) hours per work week, or work performed during non-standard business hours, such as in the evenings or on weekends, unless specifically required by the applicable task order and authorized by City in writing. Design Professional shall not receive a premium or enhanced pay for work performed on a recognized holiday. Design Professional shall not receive paid time off for days -2- 1257804vlA80078/0012 OAK #4844-8147-5591 v4 . OAK #4844-8147-5591 vl05 not \yorked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. 4. Amendment to Task Order and/or Scope of Services. City shall have the right to amend the Task Order and/or Scope of Services within the Agreement by written notification to the Design Professional. In such event, the compensation and time of performance shall be subject to renegotiation upon written demand of either party to the Agreement. Failure of the Design Professional to secure City's written authorization for extra or changed work shall constitute a waiver of any and all right to adjustment in the contract price or time due, whether by way of compensation, restitution, quantum meruit, etc. for work done withoutthe appropriate City authorization. 5. Duties of City. City shall provide all information requested by Design Professional thatis reasonably necessary to performing the Scope of Work. City retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement. 6, Ownership of Documents. A. The plans, specifications, estimates, programs, report.s, models, and other material prepared by or on behalf of Design Professional under this Agreement including all drafts and working documents, and including electronic and paper forms (collectively the "Documents"), shall be and remain the property of City, whether the Services are completed or not. Design Professional shall deliver all Documents to City upon (1) the completion of the Services, (2) the date of termination of this Agreement for any reason, (3) request by City in writing, or (4 )payment of all monies due to Design Professional. B. The Documents may be used by City and its officers, elected officials, employees, agents, and volunteers, and assigns, in whole or in part, or in modified form, for all purposes City may deem advisable without further employment of or payment of any compensation to Design Professional. If City desires to modifY Documents before using them, City shall obtain written consent from Design Professional for any such modification, and such consent shall not unreasonably be withheld. IfCity modifies Documents without obtaining written consent from Design Professional, Design Professional shall not be liable to City for any damages resulting from use of such modified Documents, provided that the Design Professional was not a proximate cause of such damages. C. Design Professional retains the copyright in and to the intellectual property depicted in the Documents subject to Design Professional's limitations and City's rights and licenses set forth in this Agreement. City's ownership interest in the Documents includes the following single, exclusive license from Design Professional: Design Professional, for itself, its employees, heirs, successors and assigns, hereby grants (and if any subsequent grant is necessary, agrees to grant) to City an irrevocable, perpetual, royalty-free, fully paid, sole and exclusive license and right to use and exercise any and all of the copyrights or other intellectual property rights that Design Professional may author or create, alone or jointly with others, in or with respect to the Documents, including without limitation all analysis, reports, designs and -3:.. 1257804v1A 80078/0012 OAK #4844-8147-5591 v4 OAK #4844-8147-5591 vl05 graphic representations. City's license shall include the right to sublicense, shall be for all purposes with respect to each right of copyright, and shall be without restriction. D. Design Professional shall include language that is consistent with this Section 6 in all subcontracts and agreements that Design Professional negotiates with respect to the Services. E. All reports, information, data, and exhibits prepared or assembled by Design Professional in connection with the performance of its Services pursuant to this Agreement are confidential until released by City to the public, and the Design Professional shall not make any ofthese documents or information available to any individual or organization not employed by the Design Professional or City without the written consent of City before any such release. This provision shall not apply to information that (I) is already in the public domain, (2) was previously known by Design Professional, (3) Design Professional is required to provide by law, or (4) reasonably required by Design Professional to conduct itsdefense in a legal or similar proceeding, so long as Design Professional notifies City in writing before use of such information. 7. Employment of Other Design Professionals, Specialists or Experts. A. Design Professional will not employ or otherwise incur an obligation to pay other consultants, specialists or experts for services in connection with this Agreement without the prior written approval of City. Any consultants, specialists or experts approved by City are listed in Exhibit D. . B. Design Professional represents that it has, or will secure at its own expense, all personnel required in performing the Services. All of the Services required hereunder will be performed by the Design Professional or under Design Professional's supervision, and all personnel engaged in the work shall be qualified to perform such services. C. Design Professional shall make every reasonable effort to maintain stability and continuity of Design Professional's key personnel assigned to perform the Services. Key personnel for this contract are listed in Exhibit D: D. Design Professional shall provide City with a minimum twenty (20) days prior written notice of any changes in Design Professional's Key Personnel, provided that Design Professional receives such notice, and shall not replace any Key Personnel with anyone to whom City has a reasonable objection. E. Design Professional will not utilize subconsultants other than those listed in Exhibit D without advance written notice to City. Design Professional will not utilize a subconsultant to whom City has a reasonable objection. Subconsultants providing professional services will provide professional liability insurance as required in Exhibit C unless City waives this requi(ement, in writing. 8. . Conflict ofInterest. -4- 1257804vlA 80078/0012 OAK #4844-8147-5591 v4 OAK #4844-8147-5591 v105 A. Design Professional understands that its professional responsibility is solely to City. Design Professional warrants that it presently has no interest, and will not acquire any direct or indirect interest, that would conflict with its performance of this Agreement. Design Professional shall not knowingly, and shall take reasonable steps to ensure that it does not, employ a person having such an interest in the performance ofthis Agreement. If Design Professional discovers that it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Design Professional shall promptly disclose the relationship to City and take such action as City may direct to remedy the conflict. B. Design Professional (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this contract or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Design Professional's Services hereunder. Design Professional further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. C. Design Professional is not a designated employee within the meaning of the Political Reform Act because Design Professional: (I) Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of City or of any City official other than normal contract monitoring; and (2) Possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendation or counsel (FPPC Reg. 18700( a )(2)). 9. Interest of Members and Employees of City. No member of City and no other officer, elected official, employee, agent or volunteer of City who exercises any functions or responsibilities in connection with the carrying out of any project to which this Agreement pertains, shall have ariy personal interest, direct or indirect, in this Agreement, nor shall any such person participate in any decision relating to this Agreement which affects its personal interests or the interest of any corporation, partnership or association in which he/she is directly or indirectly interested. 10. Liability of Members and Employees ofCity. No member of City and no other officer, elected official, employee, agent or volunteer of City shall be personally liable to Design Professional or otherwise in the event of any default or breach of City, or for any amount which may become due to Design Professional or any successor in interest, or for any obligations directly or indirectly incurred under the terms ofthis Agreement. 11. Indemnity. A. To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.8), Design Professional shall defend (with legal counsel reasonably acceptable to City), indemnify, and hold harmless City and its officers, elected officials, employees, agents, and volunteers (collectively "Indemnitees") from and -5- 1257804vIA80078/0012 OAK #4844-8147-5591 v4 OAK #4844-8147-5591 v105 against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Design Professional or its subconsultants), expense and liability of every kind, nature and description (including, without limitation, fines, penalties, reasonable court costs and reasonable attorneys' fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith, and costs of investigation), that arise out of, pertain to, or relate to the f1egligence, recklessness, or willful misconduct of Design Professional, any subconsultant, anyone directly or indirectly employed by them, or anyone that they control (collectively "Liabilities"). Such negligence, recklessness, or willful misconduct includes without limitation the failure of Design Professional to disclose information known by Design Professional to be material to performing the Services. Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent that such Liabilities are caused by the negligence, active negligence, or willful misconduct of such Indemnitee. . Notwithstanding any provision of this Agreement to the contrary, the extent of Design Professional's obligation to defend, indemnify, and hold harmless shall be governed by the provisions of California Civil Code Section 2782.8. B. Neither termination of this Agreement nor completion of the Services shall release Design Professional from its obligations under this Section 11, as long as the event giving rise to the claim, loss, cost, damage, injury, expense or liability occurred priorto the effective date of any such termination or completion. C. Design Professional agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Design Professional in the performance of this Agreement. If Design Professional fails to obtain such indemnity obligations from others as required, Design Professional shall be fully responsible for all obligations under this Section. City's failure to monitor compliance with this requirement imposes no additional obligations on Cityand will in no way act as a waiver of any rights hereunder. The obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Design Professional and shall survive the termination of this Agreement or this section. D. Design Professional's compliance with the insurance requirements does not relieve Design Professional from the obligations described in this Section 11, which shall apply whether or not such insurance policies are applicable to a claim or damages. 12. Independent Contractor. It is understood that Design Professional, in the performance of the work and services agreed to be performed by Design Professional, shall act as and be an independent contractor as defined in Labor Code 3353 and not an agent or employee of City; and as an independent contractor, Design Professional shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Design Professional hereby expressly waives any claim it may have to any such rights. Design Professional, its officers, employees andageIits shall not have any power to bind or commit City to any decision. 13. Compliance with Laws. -6- 1257804vlA 80078/0012 OAK #4844-8147-5591 v4 OAK #4844-8147-5591 v105 A. General. Design Professional shall (and shall cause its agents and subcontractors), at its sole cost and expense, comply with all applicable federal, state and local laws, codes, ordinances and regulations now in force or which may hereafter be in force during the term of this Agreement. Any corrections to Design Professional's reports or other Documents (as defined in Section 6) that become necessary as a result of Design Professional's failure to comply with these requirements shall be made at the Design Professional's expense. B. Updates. Should Design Professional become aware that the requirements referenced in subparagraph A above change after the date of a report or other Document is prepared, Design Ptofessionalshall be responsible for notifying City of such change in requirements. Design Professional will bring the Documents into conformance with the newly issued requirements at the written direction of City. Design Professional's costs for providing services pursuant to this paragraph shall be submitted to City as Additional Services. C. Licenses and Permits. Design Professional represents that it has the skills, expertise, licenses and permits necessary to perform the Services. Design Professional shall perform all such Services in the manner and a,ccording to the standards observed by a competent practitioner of the same profession in which Design Professional is engaged. All products of whatsoever nature which Design Professional delivers to City pursuant to this Agreement shall conform to the standards of quality normally observed by a person practicing in Design Professional's profession. Permits and/or licenses shall be obtained and maintained by Design' Professional without additional cOJT.Ipensation throughout the term of this Agreement. Except as otherwise allowed by City in its sole discretion, Design Professional and all subconsultants shall have acquired"attheir expense"a business license from City in accordance with Chapter 5.04 of the Rohnert Park Municipal Code, prior to City's issuance of an authorization to proceed with the Services. Such license(s) must be kept valid throughout the term ofthis Agreement. D. Documents Stamped. Design Professional shall have documents created as part of the Services to be performed under this Agreement stamped by registered professionals for the disciplines covered by Design Professional's Documents as required by Section 6735 of the Business and Professionals Code or any other applicable law or regulation. Design Professional shall not be required to stamp any documents not prepared under its direct supervision. The City will not be charged an additional fee to have such documents stamped. E. Workers' Compensation. Design Professional certifies that it is aware of the provisions ofthe California Labor Code which require every employee to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Design Professional certifies that it will comply with such provisions before commencing performance of this Agreement. F. Prevailing Wage. Design Professional and Design Professional's sub- consultants, shall, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates to workers and professionals as determined by the Director of Industrial Relations ofthe State of California pursuant to California Labor Code, Part 7, Chapter 1, Article 2. Copies of the applicable wage determination are on file at City Clerk's office. This provision to comply with prevailing wage laws takes precedence over the provisions of paragraph 3.F. -7- 1257804vlA 80078/0012 OAK #4844-8147-5591 v4 OAK #4844-8147-5591 v105 G. Iniury and Illness Prevention Program. Design Professional certifies that it is aware of and has complied with the provisions of California Labor Code Section 6401.7, which requires every employer to adopt a written injury and illness prevention program. H. City Not Responsible. City is not responsible or liable for Design Professional's failure to comply with any and all of the requirements set forth in this Agreement. 14. Nonexclusive Agreement. Design Professional understands that this is not an exclusive Agreement and that City shall have the right to negotiate With and enter into contracts with others providing the same or similar serviCes as those provided by Design Professional as City desires. 15. Confidential Information. All data, documents, discussions or other information developed or received by or for Design Professional in performance of this Agreement are confidential and not to be disclosed to any person except as authorized by City, as required by law, or as otherwise allowed by this Agreement. 16. Insurance. Design Professional shall provide insurance in accordance with the requirements of Exhibit C. 17. Assignment Prohibited. Design Professional shall not assign any of its rights nor transfer any of its obligations under this Agreement without the prior written consent of City and any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. ] 8. Termination. A. If Design Professional at any time refuses or neglects to prosecute its Services in a timely fashion or in accordance with the schedule, or is adjudicated a bankrupt, or commits any act of insolvency, or makes an assignment for the benefit of creditors without City's consent, or fails to make prompt payment to persons furnishing labor, equipment, materials or services, or fails in any respect to properly and diligently prosecute its Services, or otherwise fails to perform fully imyand all of the agreements herein contained, Design Professional shall be in default. B. If Design Professional fails to cure the default within seven (7) days after written notice thereof, City may, at its sole option, take possession of any Documents or other materials (in paper and electronic form) prepared or used by Design Professional and (1) complete any such work, labor, materials or services as may be necessary to overcome the default and deduct the cost thereof from any money then due or thereafter to become due to Design Professional under this Agreement; and/or (2) terminate Design Professional's right to proceed with this Agreement. C. In the event City elects to terminate, City shall have the right to immediate . possession of all Documents and work in progress prepared by Design Professional, whether' located at Design Professional's place of business, or at the offices of a subconsultant, and may employ any other person or persons to finish the Services and provide the materials therefor. In -8- 1257804vlA 80078/0012 OAK #4844-8147~5591 v4 OAK #4844-8147-5591 v105 case of such default termination, Design Professional shall not be entitled to receive any further payment under this Agreement until the Services are completely finished. D. In addition to the foregoing right to terminate for default, City reserves the absolute right to terminate this Agreement without cause, upon 72-hours' written notice to Design Professional ("Termination for Convenience"). In the event of a Termination for Convenience, Design Professional shall be entitled to payment in an amount that shall be calculated as follows: (I) payment for Services then satisfactorily completed and accepted by City, plus (2) reimbursable expenses actually incurred by Design Professional, as approved by City. The amount of any payment made to Design Professional prior to the date oftermination of this Agreement shall be deducted from the amounts described in (I) and (2) above. Design Professional shall not be entitled to any claim or lien against City for any additional compensation or damages in the event of such termination and payment. In addition, City's right to withhold funds under Section 18.C. shall be applicable in the event of a termination for convemence. E. If this Agreement is terminated by City for default and it is later determined that the default termination was wrongful, such tennination automatically shall be converted to and treated as a Termination for Convenience under this Section 18 and Design Professional shall be entitled to receive only the amounts payable under Section 18.D. 19. Suspension. The City shall have the authority to suspend this Agreement and the services contemplated herein, wholly or in part, for such period as he/she deems necessary due to unfavorable conditions or to the failure on the part of the Design Professional to perform any provision of this Agreement. Design Professional will be paid for satisfactory Services performed through the date of temporary suspension. In the event that Design Professional's Services hereunder are delayed for a period in excess of six (6) months due to causes beyond Design Professional's reasonable control, Design Professional's compensation shall be subject to renegotiation. 20. Entire Agreement and Amendment. This Agreement constitutes the complete and exclusive statement ofthe agreement between City and Design Professional and supersedes any previous agreements, whether verbal or written, concerning the same subject matter. This Agreement may only be amended or extended from time to time by written agreement of the parties hereto. 21. Interpretation. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted. 22. Litigation Support. Design Professional agrees to testify at City's request if litigation is brought against City in connection with Design Professional's Services. Unless the action is brought by Design Professional or is based upon Design Professional's negligence, City will compensate Design Professional for the preparation and the testimony at Design Professional's standard hourly rates, if requested by City and not part ofthe litigation brought by City against Design Professional. -9- 1 257804v 1 A 80078/0012 OAK #4844-8147-5591 v4 OAK #4844-8147-5591 v105 23. Litigation Costs. If either party becomes involved in litigation arising out of this Agreement or the performance thereof, the court in such litigation shall award reasonable costs and expenses, including attorneys' fees, to the prevailing party. In awarding attorneys' fees, the court will not be bound byany court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith. 24. Time of the Essence. Timeis of the essence of this Agreement. 25. Written Notification. Any notice, demand, request; consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth hereinbelow. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City:, City Engineer City ofRohnert Park -City Hall 130 A vram A venue, Second Floor Rohnert Park, CA 94928 If to Design Professional: Baechtel Hudis, Inc. Attn: Gary Garfield 2360 Professional Drive Santa Rosa,CA 95403-3021 26. Design Professional's Books and Records. A. Design Professional shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for aminimumperiod of three (3) years, or for any longer period required by law, from the date offinal payment to Design Professional. B. Design Professional shall maintain all documents and records which , demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date oftermination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Design Professional's address indicated for receipt of notices in this Agreement. -10- 1257804vlA 80078/0012 OAK #4844-8147-5591 v4 OAK #4844-8147-5591 v105 D. City may, by written request by any of the above-named officers, require that cllstody of the records be given to City and that the records and documents be maintained in the City Manager's office. Access to such records and documents shall be granted to any party authorized by Design Professional, Design Professional's representatives, or Design Professional's successor-in-interest. E. Pursuant to California Government Code Section 10527, the parties to this Agreement shall be subject to the examination and audit of representative of the Auditor General of the State of California for a period of three (3) years after final payment under the Agreement. The examination and audit shall be confined to those matters connected with the performance of this Agreement including, but not limited to, the cost of administeripg the Agreement. 27. Equal Employment Opportunity. Design Professional is an equal opportunity employer and agrees to comply with all applicable state and federal regulations governing equal employment opportunity. Design Professional will not discriminate against any employee or applicant for employment because of race, age, sex, creed, color, sexual orientation, marital status or national origin. Design Professional will take affirmative action to ensure that applicants are treated during such employment without regard to race, age, sex, creed, color, sexual orientation, marital status or national origin. Such action shall include, but shall not be limitedto, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; lay-:offs or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. Design Professional further agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 28. Unauthorized Aliens. Design Professional hereby promises and agrees to comply with all the provisions ofthe Federal Immigration and Nationality Act, 8 U.S.C.A. S 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Design Professional so employ such unauthorized aliens for performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Design Professional hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City. 29. Section Headings. The headings of the several sections, and any table of contents appended hereto, shall be solely for convenience of reference and shall not affect the meaning, construction or effect hereof. 30. City Not Obligated to Third Parties. City shall not be obligated or liable for payment hereunder to any party otherthan the Design Professional. 3]. Remedies Not Exclusive. No remedy herein conferred upon or reserved to City is intended to be exclusive of any other remedy or remedies; and each and every such remedy, to the extent permitted by law, shall be cumulative and in addition to any other remedy given hereunder or now or hereafter existing at law or in equity or otherwise. -11- 1257804vlA 80078/0012 OAK #4844-8]47-5591 v4 OAK #4844-8147-5591 v105 32. Severability. If anyone or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality or unenforceabi)ity shall not, affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein. 33. No Waiver Of Default. No delay or omission of City to exercise any right or power arising upon the occurrence of any event of default shall impair any such right or power or shall be construed to be a waiver of any such default of an acquiescence therein; and every power and remedy given by this Agreement to City shall be exercised from time to time and as often as may be deemed expe~ient in the sole discretion of City. 34. Successors And Assigns. All representations, covenants and warranties set forth in this Agreement, by or on behalf of, or for the benefit of any or all of the parties hereto, shall be binding upon and inure to the benefit of such party, its successors and assigns. 35. Exhibits. The following exhibits are attached to this Agreement and incorporated herein by this reference: A. Exhibit A: Scope of Services B. Exhibit B: Compensation - Rates and Schedules c. Exhibit C: Insurance Requirements D. Exhibit D: Key Personnel and Other Consultants, Specialists or Experts Employed by Design Professional 36. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto, In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 37. NewsReleases/Interviews. All Design Professional and subconsultant news releases, media interviews, testimony at hearings and public comment shall be prohibited unless expressly authorized by City. 38. Venue. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Sonoma, California. 39. Authority. All parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles, and capacities herein stated and on behalf of any entities, persons, or firms represented or purported to be represented by such entity(ies), person(s), or firm(s) and that all formal requirements necessary or required by any state and/or federal law in order to enter into this Agreement have been fully complied with. Furthermore, by entering into this Agreement, Design Professional hereby warrants that it shall -12- 1257804v1A80078/0012 OAK #4844-8147-5591 v4 OAK #4844-8147-5591 v105 not have breached the terms or conditions of any other contract or agreel,TIent to which Design Professional is obligated, which breach would have a material effect hereon. IN WITNESS WHEREOF, City and Design Professional have executed this Agreement as of the date first above written. CITY OF ROHNERT PARK By: Gabriel A. Gonzalez, City Manager Date: Per Resolution No. 2011-_adopted by the Rohnert Park City Council at its meeting of July 26, 20]] , APPROVED AS TO FORM: By: City Attorney ATTEST: By: City Clerk 1257804v]A 80078/0012 OAK #4844-8147-5591 v4 OAK #4844-8147-5591 v105 BAECHTEL HUDIS, INC. By: Title: Date: BAECHTEL HUDIS, INC. By: Title: Date: -13- EXHIBIT A Scope of Services As specifically authorized by separate Task Order, Design Professional may perform the following services: 1257804vlA 80078/0012 OAK #4844-8147-5591 v103 OAK #4844-8147-5591 v105 Exhibit "A" [BH]. BAECHTEL HUDIS ' CONSULTING CIVIL ENGINEERS , AND PLANNERS INC. June 20, 2011 Via e-mail Rick Pedroncelli Senior Engineering Techniction City of Rohnert Park Development Services Department Re: Master Agreement Scope of work Dear RIck: The following is our proposed scope of work for the Master Agreement: To provide on call Civil Engineering Services related to general civil engineering design work such as Street and Bike Path design, Street Resurfacing, Underground Utility Design, Traffic Signals and Pedestrian Crossing Design. Call if you have any comments or questions. Sincerely, BAECHTEL HUDIS, INC. , " ",: -::> C'::::- ".' ",;J -::--..,... ':':7 .' .TO,''' ('/ ,r.....,.- "-.. ...~.. Gary Garfield GGIhr W:IOfficeILEITERIROHNERT PARKIScope ofWork,wpd 2360 PROFESSIONAL DRIVE, SANTA ROSA, CA 95403-3021 TEL, (707) 542-8795 FAX. (707) 542-6147 EXHIBIT B Compensation Rates and Schedules 125/804vlA 80078/0012 OAK #4844-8147-5591 v103 OAK #4844-8147-5591 v105 , Exhibit "B" rn BAECRTEL RUDIS CONSULTING CIVIL ENGINEERS AND PLANNERS INC. EXHIBIT "A" HOURLY RATES AND BILLING POLICY Effective April 1,2009, the following rates will be charged for services rendered: meer er $170.00 $135.00 $115.00 $100.00 $75.00 REIMBURSABLE EXPENSES: Project related expenses, including but not limited to: at Cost 1. Blueprint, reproducible and reproductions. 2. Cost of filing, checking fees and other outside charges. 3. Delivery, mail and overnight/FedEx expenses. 4. Outside consultants. Invoices will be rendered as a final or partial billing and will be payable upon receipt. Late fees at the rate of 1- i/2% per m'onth may be applied to accounts not paid within 30 days. File ID: W:\office\baechtel\charge-out fees 2009.doc 2360 PROFESSIONAL DRIVE, SANTA ROSA, CA95403-3021 TEL. (707) 542-8795 FAX. (707) 542-6147 EXHIBIT C Insurance Requirements to Agreement For Design Professional Services Re: MASTER AGREEMENT WITH BAECHTEL HUDIS, INC. Design Professional shall, at all times it is performing services under this Agreement, provide and maintain insurance in the following types and with limits in conformance with the requirements set forth below. Design Professional will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Design Professional agrees to amend, supplement or endorse the existing coverage to do so. Design Professional acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Design Professional in excess of the limits and coverage required in this agreement and that is , applicable to a given loss will be available to City. 1. Commercial General Liability Insurance, occurrence form, using Insurance Services Office ("ISO") "Commercial General Liability" policy form CG 00 01 or an approved equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review, but in no event shall be less, than $2,000,000 (Two Million Dollars) each occurrence; 2. Business Auto Coverage on ISO Business Automobile Coverage form CA 00 01 including symbol 1 (Any Auto) or an approved equivalent. Limits are subject to review, but in no event shall be less than $2,000,000 (Two Million Dollars) each occurrence. If Design Professional or its employees will use personal autos in any way in connection with performan~e of the Services, Design Professional shall provide evidence of personal auto liability coverage for each such person~ 3. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employers liability insurance, with minimum limits of $1,000,000 (One Million Dollars) per occurrence. 4. Excess or Umbrella Liability Insurance (Over Primary) ifused to meet limit requirements shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maX!mUm self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf of' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by insured first. There shall be no cross-liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Design Professional, subconsultants or others involved in performance ofthe Services. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $2,000,000 (Two Mi.llion Dollars) per occurrence. 5. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or 1257804vlA 80078/0012 OAK #4844-8147-5591 v103 OAK #4844-8147-5591 v105 omissions ofthe Design Professional and "Covered Professional Services" as designated in the policy must include the type of work performed under this Agreement. The policy limit shall be no less than $1,000,000 (One Million Dollars) per claim and in the aggregate. 6. Insurance procured pursuant to these requirements shall be written by insurers that are authorized to transact the relevant type of insurance business in the State of California and with an A.M. Bests rating of A- or better and a minimum financial size VIl. 7. General conditions pertaining to provision of insurance coverage by Design Professional. Design Professional and City agree to the following with respect to insurance provided by Design Professional: A. Design Professional agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officers, elected officials, employees, agents, and volunteers, using standardISO endorsement No. CG 2010 with an edition prior to 1992, or an equivalent. Design Professional also agrees to require all contractors, and subcontractors to do likewise. ' B. No liability insurance coverage provided to comply with this Agreement, except the Business Auto Coverage policy, shall prohibit Design Professional, or Design Professional's employees, or agents, from waiving the right of subrogation prior to a loss. Design Professional agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. C. All insurance coverage and limits provided by Design Professional and available or applicable to this Agreement are intended to apply to the full extent ofthe policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. D. ,None ofthe coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. E. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. F. All coverage types and limits required are subject to approval, modification and additional requirements by City, as the need arises, and City shall be responsible for the cost of any additional insurance required. Design Professional shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. G. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Design Professional's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not . 1257804vlA 80078/0012 OAK #4844-8147-5591 v103 OAK #4844-8147-5591 v105 delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City may terminate this agreement in accordance with Section] 8 of the Agreement. H. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Design Professional agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure ofthe insurer to mail written notice of cancellation imposes no obligation, or that any party will"endeavor" (as opposed to being required) to comply with the requirements of the certificate. I. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Design Professional or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. J. Design Professional agrees to ensure that subconsultants, and any other party involved with the Services who is brought onto or involved in the Services by Design Professional, provide the same minimum insurance coverage required of Design Professional; provided, however that only subconsultants performing professional services will be required to provide professional liability insurance. Design Professional agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements ofthis section. Design Professional agrees that upon request, all agreements with subcontractors and others engaged in the Services will be submitted to City for review. K. Design Professional agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, architect, consultant or other entity or person in any way involved in the performance of work on the Services contemplated by this agreement to self-insure its obligations to City. If Design Professional's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to City. At that time City shall review options with the Design Professional, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. L. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Design Professional ninety (90) days advance written notice of such change. If such change results in additional cost to the 'Design Professional, and City requires Design Professional to obtain the additional coverage, City will pay Design Professional the additional cost of the insurance. M. For purposes of applying insurance coverage only, this Agreement will be , deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. N. Design Professional acknowledges and agrees that any actual or alleged failure' on the part of City to inform Design Professional of non-compliance with any insurance 1257804vlA 80078/0012 OAK #4844-8147-5591 v103 OAK #4844-8147-5591 vl05 requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. O. Design Professional will endeavor to renew the required coverages for a minimum of three years following completion of the Services or termination of this agreement and, if Design Professional in unable to do so, Design Professional will notify City at least thirty days prior to the cancellation or expiration of the policy or policies. P. Design Professional shall provide proofthat policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Design Professional's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. Q. The provisions of any workers' compensation or similar act will not limit the obligations of Design Professional under this agreement. Design Professional expressly agrees that any statutory immunity defenses under such laws do not apply with respect to City, its officers, elected officials, employees, agents, and volunteers. R. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. S. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. T. The requirements in this Section supersede all other sections and provisions ofthis Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. U. Design Professional agrees to be responsible for ensuring that no contract entered into by Design Professional in connection with the Services authorizes, or purports to authorize, any third party to charge City an amount in excess of the fee set forth in the agreement on account of insurance coverage required by this agreement. Any such provisions are to be . deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. v. Design Professional agrees to provide immediate notice to City of any claim or loss against Design Professional arising out of the work performed under this agreement. City assumes. no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 1257804vlA 80078/0012 OAK #4844-8147-5591 v103 OAK #4844-8147-5591 v1(i5 EXHIBlT D Key Personnel and Other Consultants, Specialists or Experts Employed by Design Professional 1257804v1A80078/0012 OAK #4844-8147-5591 v103 OAK #4844-8147-5591 v105 Exhibit "D" [BH] BAECHTEL HUDIS CONSULTING CIVIL ENGINEERS AND PLANNERS INC. GARY GARFIELD Senior Designer, Project Manager, an employee ofM. Hudis and AssociateslBaechtel Hudis Inc. since 1972. Responsibilities include all aspects of a project from cost administration, planning, tentative and final maps, and improvement plans. Project experience includes industrial, commercial and multi-family projects, subdivisions and assessment districts. Public works projects including schools; parks, bike paths and traffic signals. KEN CAVEN Senior Designer, Project Manager, an employee ofM. Hudis and Associates/Baechtel Hudis Inc. since f973. Extensive experience in commercial site improvement and grading plans, residential subdivision improvement plans and final maps. Ken oversees many projects from inception to completion, dealing directly with developers, non-profit and public agencies, and contractors. A background in dam design, including permitting and on site inspection. JASON HOCHEDER, P.E. Civil Engineer; Bachelor of Science Degree (Civil Engineering, Agriculture & Bio-resource), Colorado State University at Fort Collins, CO, 1998; Licensed California Professional Engineer since 2003, License No. 66429. Responsibilities include design and project management. Experienced in site development, storm drainage, water, wastewater projects, planning and land development, residential subdivisions, public works design and Assessment Districts. Permitting with the Corps of Engineers, Fish and Game and local agencies. BEN MONROE, P.E. Civil Engineer; Master of Science Degree (Civil & Environmental Engineering), California Polytechnic State University at San Luis Obispo, 2003. Bachelor of Science Degree (Environmental Engineering),California Polytechnic State University at San Luis Obispo, 2003.Licensed California Professional Engineer since 2006, License No. 70012; Civil & Water/Wastewater Manager since 2007. Experienced in vineyard development, including permit processing. Design of waste water system for both sanitary and winery waste water. Dam design and construction supervision, special studies for watershed, storm drain and open channel design. Residential and industrial subdivisions. Water and utility design, and Assessment district engineering. M:\Consultants\Baechtel-Hudis\Key Personnel for Master Agreementdoc 2360 PROFESSIONAL DRIVE, SANTA ROSA, CA 95403-3021 TEL. (707) 542-8795 FAX. (707) 542-6147 ' Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2nd & 4th Tuesdays of each month: · Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via email for review and approval as to form DUE no later than NOON Three (3) Mondays prior to Council meeting date · Agenda items to City Manager via email for his review and responding ..email authorization", synchronized with above timeframe of Assistant City Attorney review, and an email copy to the City Clerk for drafting agendas · Agenda Items with attachments via email and a total of twenty (20) complete hard copy sets with 2 sets single-sided & 18 sets double-sided/stapled to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting date · Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday morning One (1) week prior to Council meeting date · Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on Thursday afternoon One (1) week prior to Council meeting date in compliance with Rohnert Park Municipal Code Section 2,08,020 and related Resolution No. 2008-173 {This section for City Clerk Use Only} 7/26/11 City Council Agenda Item No. 6.C.2 Resolution No. 2011-63 CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: July 26, 2011 Department: Development Services Submitted By: (Name & Tille) Submittal Date: Patrick Barnes, Deputy City Engineer July 11,2011 Agenda (Subject Only) Title: Authorize and Approve Master Professional Engineering Agreement with Whitlock & Weinberger, Inc. (W- Trans) Requested Council Action: Authorize and approve the Master Professional Engineering Agreement with Whitlock & Weinberger, Inc. (W-Trans) for Municipal Engineering Services and authorize the City Manager to sign Task Orders in agreement with the terms and conditions of this Master Professional Engineering Agreement. Summary: The City of Rohnert Park has used the services of Whitlock & Weinberger, Inc. (W - Trans) for many years for general municipal engineering services, general city planning services, development review services, design services and construction management services related to capital projects, traffic 'control, traffic counts and pedestrian safety studies. W -Trans is currently providing traffic counts and pedestrian safety studies to the City under a separate agreement. W - Trans is willing to provide the City with supplemental engineering resources and is qualified to provide such services. Services provided by W-Trans would be charged to the respective developments, projects or traffic safety fund as appropriate, Work for specific projects shall be authorized separately by "Task Order." The term of this Agreement shall be from the date of its execution until December 31, 2015, unless earlier terminated, and may be extended for successive one-year term(s) upon mutual, written approval by the City Manager and/or his/her designee and Design Professional. Enclosures: Resolution, Draft Contract CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney, CITY MANAGER'S RECOMMENDATION: (X) Consent Item ( ) Regular Item (X) Approval ( ) Public Hearing Required ( ) Not Recommended ( ) Submitted with Comment ( ) Policy Determination by Council ( ) City Comments: Per City Manager's review and direction for distribution of this agenda item. (Revised 031309) JH:TG-S:05-b RESOLUTION NO. 2011-63 A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING MASTER PROFESSIONAL ENGINEER AGREEMENT FOR MUNICIPAL ENGINEERING SERVICES WITH WHITLOCK & WEINBERGER, INC. (W-Trans) WHEREAS, the City desires general municipal engineering services, general city planning services, development review services, design services and construction management services related to capital projects and studies; and WHEREAS, Whitlock & Weinberger, Inc., (W-Trans) is qualified to provide such services. NOW, THEREFORE, be it resolved by the City Council of the City of Rohnert Park that it does hereby authorize and approve an agreement by and between Whitlock & Weinberger, Inc. (W-Trans), a California Corporation, and the City ofRohnert Park, a municipal corporation, for general municipal engineering services, general city planning services, development revi~w services, design services and construction management services related to capital projects and studies. BE IT ,FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute this agreement in substantially similar form to the agreement, attached hereto and incorporated in as Exhibit A, for and on behalf of the City of Rohnert Park, subjectto the approvbal of the City Attorney. DULY AND REGULARLY ADOPTED this 26th day ofJuly, 2011, CITY OF ROHNERT PARK Mayor ATTEST: City Clerk City of Rohnert Park 130 Avram Ave. Rohnert Park, CA 94928 MASTER AGREEMENT WITH WHITLOCK & WEINBERGER TRANSPORTATION, INC., FOR PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT is entered into as of the ~ day of , 2011, by and between the CITY OF ROHNERT PARK ("City"), a California municipal corporation, and WHITLOCK & WEINBERGER TRANSPORTATION, INC., ("Design Professional"), a California corporation. Recitals WHEREAS, City desires to obtain design professional services on an as-needed basis; WHEREAS, Design Professional hereby represents to City that Design Professional is skilled and able to provide such services described in Section 1 of this Agreement; and WHEREAS, City desires to retain Design Professional pursuant to this Agreement to provide the services described in Section 1 of this Agreement. Agreement NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Scope of Services. Subject to such policy direction and approvals as City may determine from time to time, Design Professional shall perform the services set out in the "Scope of Services" ("Services") attached hereto as Exhibit A. Additional work for specific projects may be authorized by separate "Task Order" in accordance with the terms of this Agreement. Design Professional's place of work is at 490 Mendocino Avenue, Suite 201, Santa Rosa, CA 95401. 2. Time of Performance. The term of this Agreement shall be from the date of its execution until December 31, 2015, unless earlier terminated in accordance with Section 18, and may be extended for successive one-year term(s) upon mutual, written approval by the City Manager and/or hislher designee and Design ProfessionaL A. Work authorized by a separate Task Order as contemplated by this Agreement shall be subject to the Schedule of Performance set forth in the Task Order. B. The services of DesignProfessional are to commence upon receipt of a written notice to proceed from City, but in no event prior to receiving a fully executed Agreement/Task Order from City and obtaining and delivering the required insurance coverage, -1- 1257804v1A 80078/0012 OAK #4844-8147-5591 v4 ,OAK #4844-8147-5591 v105 and satisfactory evidence thereof, to City. Any changes to the dates in this Section or in the Task Order must be approved in writing by City. 3. Compensation and Method of Payment. A. Compensation. The compensation to be paid to Design Professional, including both payment for professional services and reimbursable expenses, shall be at the rate and schedules attached hereto as Exhibit B. Under no circumstances shall the total amount City pays Design Professional for the Services exceed Forty Thousand Dollars ($40,000); provided, however, that work authorized by a separate Task Order as contemplated by this Agreement shall be subject to the compensation set forth in the individual Task Order and may exceed $40,000. The total amount authorized for the Payment by City under this Agreement shall not be deemed a waiver of unsatisfactory work, even if such defects were known to City at the time of payment. B. Timing of Payment. (1) Design Professional shall submit itemized monthly invoices for work performed. City shall make payment, in full, within thirty (30) days after approval of the invoice by City. (2) Payments due and payable to DesignProfessiQnal for current services must be within the current budget and within an available, unexhausted and unencumbered appropriation of the City, In the eventthe City has not appropriated sufficient funds for payment of Design Professional services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year; payment for additional work is conditional upon future City appropriation. C. Changes in Compensation. Design Professional will not undertake any work that will incur costs in excess of the amount set forth in Section 3(A) without prior written amendment to this Agreement. D. Standard ofOuality. City relies upon the professional ability of Design Professional as a material inducement to entering into this Agreement. All work performed by Design Professional under this Agreement shall be in accordance with all applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Design Professional's field of expertise. E. ' Taxes. Design Professional shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by Design Professional. F. No Overtime or Premium Pay; Design Professional shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty -2- 1 257804v 1 A, 80078/00 12 OAK #4844-8147-5591 v4 OAK #4844-8147-5591 vl05 , (40) hQurs per work week, or work performed during non-standard business hours, such as in th~ evenings or on weekends, unless specifically required by the applicable task order and authorized by City in writing. Design Professional shall not receive a premium or enhanced pay for work performed on a recognized holiday. Design Professional shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. 4. Amendment to Task Order and/or Scope of Services. City shall have the right to amend the Task Order and/or Scope of Services within the Agreement by written notification to the Design Professional. In such event, the compensation and time of performance shall be subject to renegotiation upon written demand of either party to the Agreement. Failure of the Design Professional to secure City's written authorization for extra or changed work shall constitute a waiver of any and all right to adjustment in the contract price or time due, whether by way of compensation, restitution, quantum meruit, etc. for work done without the appropriate City authorization. , 5. Duties of City. City shall provide all information requested by Design , Professional that is reasonably necessary to performing the Scope of Work. City retains all , rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement. 6. Ownership of Documents. A. The plans, specifications, estimates, programs, reports, models, and other material prepared by or on behalf of Design Professional under this Agreement including all drafts and working documents, and including electronic and paper forms (collectively the "Documents"), shall be and remain the property of City, whether the Services are completed or not. Design Professional shall deliver all Documents to City upon (1) the completion of the Services, (2) the date of termination of this Agreement for any reason, (3) request by City in writing, or (4) payment of all monies due to Design Professional. B. The Documents may be used by City and its officers, elected officials, employees, agents, and volunteers, and assigns, in whole or in part, or in modified form, for all purposes City may deem advisable without further employment of or payment of any compensation to Design Professional. If City desires to modify Documents before using them, City shall obtain written consent from Design Professional for any such modification, and such consent shall not unreasonably be withheld. If City modifies Documents without obtaining written consent from Design Professional, Design Professional shall not be liable to City for any damages resulting from use of such modified Documents, provided that the Design Professional was not a proximate cause of such damages. C. Design Professional retains the copyright in and to the intellectual property depicted in the Documents subject to Design Professional's limitations and City's rights and licenses set forth in this Agreement. City's ownership interest in the Documents includes the following single, exclusive license from Design Professional: Design Professional, for itself, its employees, heirs, successors and assigns, hereby grants (and if ahy subsequent grant is necessary, agrees to grant) to City an irrevocable, perpetual, royalty-free, fully paid, sole and -3- 1257804vlA 80078/0012 OAK #4844-8147-5591 v4 OAK #4844-8147-5591 vi05 exclusive license and' right to use and exercise any and all of the copyrights or other intellectual property rights that Design Professional may author or create, alone or jointly with others, in or with respect to the Documents, including without limitation all analysis, reports, designs and graphic representations. City's license shall include the right to sublicense, shall be for all purposes with respect to each right of copyright, and shall be without restriction. D. Design Professional shall include language that is consistent with this Section 6 in all subcontracts and agreements that Design Professional negotiates with respect to the Services. E. All reports, information, data, and exhibits prepared or assembled by Design Professional in connection with the performance of its Services pursuant to this Agreement are confidential until released by City to the public, and the Design Professional shall not make any of these documents or information available to any individual or organization not employed by the Design Professional or City without the written consent of City before any such release, This provision shall not apply to information that (I) is already in the public domain, (2) was previously known by Design Professional, (3) Design Professional is required to provide by law, or (4) reasonably required by Design Professional to conduct its defense in a legal or similar proceeding, so long as Design Professional notifies City in writing before use of such information, 7. Employment of Other Design Professionals, Specialists or Experts. A. , Design Professional will not employ or otherwise incur an obligation to pay other consultants, specialists or experts for services in connection with this Agreement without the prior written approval of City. Any consultants, specialists or experts approved by City are listed in Exhibit D. B. Design Professional represents that it has, or will se.cure at its own expense, all personnel required in performing the' Services. All of the Services required hereunder will be performed by the Design Professional or under Design Professional's supervision, and all personnel engaged in the work shall be qualified to perform such services. C. Design Professional shall make every reasonable effort to maintain stability and continuity of Design Professional's key personnel assigned to perform the Services. Key personnel for this contract are listed in Exhibit D. D. Design Professional shall provide City with a minimum twentY (20) days prior written notice of any changes in Design Professional's Key Personnel, provided that Design Professional receives such notice, and shall not replace any Key Personnel with anyone to whom City hasa reasonable objection. E. Design Professional will not utilize subconsultants other than those listed in Exhibit D without advance written notice to City. Design Professional will not utilize a subconsultant to whom City has areasonable objection. Subconsultants providing professional serVices will provide professional liability insurance as required in Exhibit C unless City waives this requirement; in writing. -4- 1257804vlA 80078/0012 OAK #4844-8147-5591 v4 OAK #4844-8147-5591 v105 8. Conflict ofInterest. A. Design Professional understands that its professional responsibility is solely to City. Design Professional warrants that it presently has no interest, and will not acquire any direct or indirect interest, that would conflict with its performance of this Agreement. Design Professional shall not knowingly, and shall take reasonable steps to ensure that it does not, employ a person having such an interest in the performance of this Agreement. If Design Professional discovers that it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Design Professional shall promptly disclose the relationship to City and take such action as City may direct to remedy the conflict. B. Design Professional (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this contract or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Design Professional's Services hereunder. Design Professional further covenants and represents that in the performance of its duties hereunder no person having any stich interest shall perform any service~ under this Agreement. C. Design Professional is not a designated employee within the meaning of the Political Reform Act because Design Professional: (I) Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of City or of any City official other than normal contract monitoring; and (2) Possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendation or counsel (FPPC Reg. 18700( a )(2)). 9, Interest of Members and Emplovees of City. No member of City and no other officer, elected official, employee, agent or volunteer of City who exercises any functions or responsibilities in connection with the carrying out of any project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement, nor shall any such person participate in any decision relating to this Agreement which affects its personal interests or the interest of any corporation, partnership or association in which he/she is directly or indirectly interested. ' 10. ,Liability of Members and Employees of City. No member of City and no other officer, elected official, employee, agent or volunteer of City shall be personally liable to Design Professional or otherwise in the event of any default or breach of City, or for any amount which may become due to Design Professional or any successor in interest, or for ~ny obligations directly or indirectly incurred under the terms of this Agreement. ' 11. InderrinitV. A. To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.8), Design Professional shall defend (with legal -5- 1257804vlA 80078/0012 OAK #4844-8147-5591 v4 OAK #4844-8147-5591 v105 counsel reasonably acceptable to City), indemnify, and hold harmless City and its officers, elected officials, employees, agents, and volunteers (collectively "Indemnitees") from and against any and all claims, loss, cost, damage, injury (including, without limitation, ifljury to or death of an employee of Design Professional or its subconsultants), expense and liability of every kind, nature and description (including, without limitation, fines, penalties, reasonable court costs and reasonable attorneys' fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith, and costs of investigation), that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Design Professional, any subconsultant, anyone directly or indirectly employed by them, or anyone that they control (collectively "Liabilities"). Such negligence, recklessness, orwillful misconduct includes without limitation the failure of Design Professional to disclose information known by Design Professional to be material to performing the Services. Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent that such Liabilities are caused by the negligence, active negligence, or willful misconduct of such Indemnitee. Notwithstanding any Provision of this Agreement to the contrary, the extent of Design Professional's obligation to defend, indemnify, and hold harmless shall be governed by the provisions of California Civil Code Section 2782.8. B. Neither termination of this Agreement nor completion of the Services shall release Design Professional from its obligations under this Section 11, as long as the event giving rise to the claim, loss, cost, damage, injury, expense or liability occurred prior to the effective date of any such termination or completion. C. Design Professional agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Design Professional in the performance of this Agreement. If Design Professional fails to obtain such indemnity obligations from others as required, Design Professional shall be fully responsible for all obligations under this Section. City's failure to monitor compliance with this requirement imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. The obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Design Professional arid shall survive the termination of this Agreement or this section. D. Design Professional's compliance with the insurance requirements does not relieve Design Professional from the obligations described in this Section 11, which shall apply whether or not such insurance policies are applicable to a claim or damages. 12. Independent Contractor. It is understood that Design Professional, in the performance of the work and services agreed to be performed by Design Professional, shall act as and be an independent contractor as defined in Labor Code 3353 and not an agent or employee of City; and as an independent contractor, Design Professional shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Design Professional hereby expressly waives any claim it may have to any such rights. Design Professional, its officers, employees and agents shall not hav~ any power to bind or commit City to any decision. 13. Compliance with Laws. -6- 1257804vlA 80078/0012 OAK #4844-8147-5591 v4 OAK #4844-8147-5591 v105 A. General. Design Professional shall (and shall cause its agents and subcontractors), at its sole cost and expense, comply with all applicable federal, state and local laws, codes, ordinances and regulations now in force or which may hereafter be in force during the term of this Agreement. Any corrections to Design Professional's reports or other Documents (as defined in Section 6) that become necessary as a result of Design Professional's failure to comply with these requirements shall be made at the Design' Professional's expense. B. Updates. Should Desigri Professional become aware that the requirements referenced in subparagraph A above change after the date of a report or other Document is prepared, Design Professional shall be responsible for notifying City of such change in requirements, Design Professional will bring the Documents into conformance with the newly issued requirements at the written direction of City. Design Professional's costs for providing services pursuant to this paragraph shall be submitted to City as Additional Services. C. Licenses and Permits. Design Professional represents that it has the skills, expertise, licenses and permits necessary to perform the Services. Design Professional shall perform all such Services in the manner and according to the standards observed by a competent practitioner of the same profession in which Design Professional is engaged. All products of whatsoever nature which Design Professional delivers to City pursuant to this Agreement shall conform to the standards of quality normally observed by a person practicing in Design Professional's profession. Permits and/or licenses shall be obtained and maintained by Design Professional without additional compensation throughout the term of this Agreement. Except as otherwise allowed by City in its sole discretion, Design Professional andallsubconsultants shall have acquired, at their expense, a business license from City in accordance with Chapter 5.04 of the Rohnert Park Municipal Code, prior to City's issuance of an authorization to proceed with the Services. Such license( s) must be kept valid throughout the term of this Agreement. D. Documents Stamped. Design Professional shall have documents created as part of the Services to be performed under this Agreement stamped by registered professionals for the disciplines covered by Design Professional's Documents as required by Section 6735 of the Business and Professionals Code or any other applicable law or regulation. Design Professional shall not be required to stamp any documents not prepared under its direct supervision. The City will not be charged an additional fee to have such documents stamped. E, Workers' Compensation. Design Professional certifies that it is aware of the provisions of the California Labor Code which require every employee to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Design Professional certifies that it will comply with such provisions before commencing performance of this Agreement. F. Prevailing Wage. Design Professional and Design Professional's sub- consultants, shall, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates to workers and professionals as determined by the Director of Industrial Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1, ArticIe 2. Copies of the applicable wage determination are on file at City Clerk's office. This provision to comply with prevailing wage laws takes precedenc:e over the provisions of paragraph 3.F. -7- 1257804vl A 80078/0012 OAK #4844-8147-5591 v4 OAK #4844-8147-5591 vl05 G. Iniury and lllness Prevention Program. Design Professional certifies that it is aware of and has complied with the provisions of California Labor Code Section 6401.7, which requires every employer to adopt a written injury and illness prevention program. H. City Not Responsible. City is not responsible or liable for,Design Professional's failure to comply with any arid all of the requirements set forth in this Agreement. 14. Nonexclusive Agreement. Design Professional understands that this is not an exclusive Agreement and that City shall have the right to negotiate with and enter into contracts with others providing the same or similar services as those provided by Design Professional as City desires. 15. Confidential Information. AU data, documents, discussions or other information developed or received by or for Design Professional in performance of this Agreement are confidential and not to be disclosed to any person except as authorized by City, as required by law, or as otherwise allowed by this Agreement. 16. Insurance. Design Professional shall provide insurance in accordance with the requirements of Exhibit C. 17. Assignment Prohibited. Design Professional shall not assign any of its rights nor transfer any of its obligations under this Agreement without the prior written consent of City and any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. 18. Termination. A. If Design Professional at any time refuses or neglects to prosecute its Services in a timely fashion or in accordance with the schedule, or is adjudicated a bankrupt, or commits any act of insolvency, or makes an assignnient for the benefit of creditors without City's consent, or fails to make prompt payment to persons furnishing labor, equipment, materials or services, or fails in any respect to properly and diligently prosecute its Services, or otherwise fails to perform fully any and all of the agreements herein contained, Design Professional shall be in default. B. If Design Professional fails to cure the default within seven (7) days after written notice thereof, City may, at its sole option, take possession of any Documents or other materials (in paper and electronic form) prepared or used by Design Professional and (I) complete any such work, labor, materials or services as may be necessary to overcome the default and deduct the cost thereof from any money then due or thereafter to become due to Design Professional under this Agreement; and/or (2) terminate Design Professional's right to proceed with this Agreement. c. in the event City elects to terminate, City shall have the right to immediate possession of all Documents and work in progress prepared by Design Professional, whether located at Design Professional's place of business, or at the offices of a subconsultant, and may employ any other person or persons to finish the Services and provide the materialS therefor. In -8- 1 257804vl A 80078/0012 OAK #4844-8147-5591 v4 OAK #4844-8147-5591 v105 case of such default termination, Design Professional shall not be entitled to receive any further payment under this Agreement until the Services are completely finished. D. In addition to the foregoing right to terminate for default, City reserVes the absolute right to terminate this Agreement without cause, upon 72-hours' written notice to Design Professional ("Termination for Convenience"), In the event of a Termination for Convenience, Design Professional shall be entitled to payment in an amount that shall be calculated as follows: (I) payment for Services then satisfactorily completed and accepted by City, plus (2) reimbursable expenses actually incurred by Design Professional, as approved by City. The amount of any payment made to Design Professional prior to the date of termination of this Agreement shall be deducted from the amounts described in (I) and (2) above. Design Professional shall not be entitled to any claim or lien against City for any additional compensation or damages in the event of such teITrJ.ination and payment. In addition, City's right to withhold funds under Section 18.C. shall be applicable in the event of a termination for convemence, E. If this Agreement is terminated by City for default and it is later determined that the default termination was wrongful, such termination automatically shall be converted to and treated as a Termination for Convenience under this Section 18 and Design Professional shall be entitled to receive only the amounts payable under Section 18.D. 19. Suspension. The City shall have the authority to suspend this Agreement and the services contemplated herein, wholly or in part, for such period as he/she deems necessary due to unfavorable conditions or 10 the failure on the part of the Design Professional to perform any provision of this Agreement. Design Professional will be paid for satisfactory Services performed through the date of temporary suspension. In the event that Design Professional's Services hereunder are delayed for a period in excess of six (6) months due to causes beyond Design Professional's reasonable control, Design Professional's compensation shall be subject to renegotiation. 20. Entire Agreement and Amendment. This. Agreementconstitutes the complete and exclusive statement of the agreement between City and Design Professional and supersedes any previous agreements, whether verbal or written, ,concerning the same subject matter. This Agreement may only be amended or extended from time to time by written agreement of the paities hereto. 21, Interpretation. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted. 22. Litigation Support. Design Professional agrees to testify at City's request if litigation is brought against City in connection with Design Professional's Services. Unless the action is brought by Design Professional or is based upon Design Professional's negligence, City will compensate Design Professional for the preparation and the testimony at Design Professional's standard hourly rates, if requested by City and not part of the litigation brought by City, against Design Professional. -9- 1257804v1A 80078/0012 OAK #4844-8147-5591 v4 OAK #4844-8147-5591 v105 23. Litigation Costs. Ifeitherparty becomes involved in litigation arising out of this Agreement or the performance thereof, the court in such litigation shall award reasonable costs and expenses, including attorneys' fees,to the prevailing party. In awarding attorneys' fees, the court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith. 24. Time of the Essence. Time is of the essence of this Agreement. 25. Written Notification. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party atthe address set forth hereinbelow. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City Engineer City of Rohnert Park -City Hall 130 A vram Avenue, Second Floor Rohnert Park, CA 94928 If to Design Professional: Dalene J. Whitlock Whitlock & Weinberger Transportation, Inc. (W -Trans), 490 Mendocino Avenue, Suite 201 Santa Rosa, CA 95401 26. Design Professional's Books and Records. A. Design Professional shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Design Professional. B. Design Professional shall maintain all documents and records which demonstrate performance under this Agreement for a minimum'period of three (3) years, or for any longer period required by law, from the dateoftennination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Design Professional's address indicated for receipt of notices in this Agreement. -10- 1 257804v 1 A 80078/0012 OAK #4844-8147-5591 v4 OAK #4844-8147-5591 v105 D. City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained in the City Manager's office. Access to such records and documents shall be granted to any party authorized by Design Professional, Design Professional's representatives, or Design Professional's successor-in-interest. E. Pursuant to California Government Code Section 10527, the parties to this Agreement shall be subject to the examination and audit .ofrepresentative of the Auditor General of the State of California for a period of three (3) years after final payment under the Agreement. The examination and audit shall be confined to those matters connected with the performance of this Agreement including, but not limited to, the cost of administering the Agreement. '27. Equal Employment Opportunity. Design Professional is an equal opportunity employer and agrees to comply with all applicable state and federal regulations goveming equal employment opportunity, Design Professional will not discriminate against any elnployee or applicant for employment because of race, age, sex, creed, color, sexual orientation, marital status or national origin. Design Professional will take affirmative action to ensure that applicants are treated during such employment without regard to race, age, sex, creed, color, sexual orientation, marital status or national origin. Such action shall include, but shall not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; lay-offs or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. Design ProfessiOnal further agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 28. Unauthorized Aliens. Design Professional hereby promises and agrees to comply with all the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. S 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Design Professional so employ such unauthorized aliens for performance of work and/or serVices covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Design Professional hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City. 29. Section Headings. The headings of the several sections, and any table of contents appended hereto, shall be solely for convenience of reference and shall not affect the meaning, construction or effect hereof. 30. City Not Obligated to Third Parties. City shall not be obligated or liable for payment hereunder to any party other than the Design Professional. 31. Remedies Not Exclusive. No remedy herein conferred upon or reserved to City is intended to be exclusive of any other remedy or remedies, and each and every such remedy, to the extent permitted by law, shall be cumulative and in addition to any other remedy given hereunder or now or hereafter existing at law or in equity or otherwise. -11- 1257804vlA 80078/0012 OAK #4844-8147-5591 v4 OAK #4844-8147-5591 v105 32. Severability: If anyone or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein. 33. No Waiver Of Default. No delay or omission of City to exercise any right or power arising upon the occurrence of any event of default shall impair any such right or power or shall be construed to be a waiver of any such default of an acquiescence therein; and every power and remedy given by this Agreement to City shall be exercised from time to time and as often as may be deemed expedient in the sole discretion of City. 34. Successors And Assigns. All representations, covenants and wan-anties set forth in this Agreement, by or on behalf of, or for the benefit of any or all of the parties hereto, shall be binding upon and inure to the benefit of such party, its successors and assigns_ 35. Exhibits_ The following exhibits are attached to this Agreement and incorporated herein by this reference: A. Exhibit A: Scope of Services Compensation - Rates 'and Schedules B. Exhibit B: C. Exhibit C: Insurance Requirements D. ExhibitD: Key Personnel and Other Consultants, Specialists or Experts Employed by Design Professional 36. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto, In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 37. News Releases/Interviews. All Design Professional and subconsuItant news releases, media interviews, testimony at hearings arid public comment shall be prohibited unless expressly authorized by City. 38. Venue. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Sonoma, California. 39. Authority. All parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles, and capacities herein stated and on behalf of any entities, persons, or fi,rms represented or purported to be represented by such entity(ies), person(s), orfirm(s) and that all formal requirements necessary or required by any stateandlor federal law in order to enter into this Agreement have been fully complied with~ Furthermore, by entering into this Agreement, Design Professional hereby warrants that it shall -12- 1257804vlA 80078/0012 OAK #4844-8147-5591 v4 OAK #4844-8147-5591 v105 not have breached the terms or conditions of any other contract or agreement to which Design Professional is obligated, which breach would have a material effect hereon, IN WITNESS WHEREOF, City and Design Professional have executed this Agreement as of the date first above written. CITY OF ROHNERT PARK By: Gabriel A. Gonzalez, City Manager Date: Per Resolution No, 2011-_adopted by the Rohn~rt Park City Council at its meeting of July 26, 20 II, DESIGN PROFESSIONAL By: Title: Date: DESIGN PROFESSIONAL APPROVED AS TO FORM: By: City Attorney By: Title: Date: ATTEST': By: City Clerk -13- 1257804vlA 80078/0012 OAK#4844-8147-5591 v4 OAK #4844-8147-5591 v105 EXHIBIT A Scope of Services As specifically authorized by separate Task Order, Design Professional may perfonn the following services: W-Trans may be asked to perform the following services on an as-needed basis: I. Neighborhood Traffic ControllNeighborhood Traffic Studies - As issues relative to neighborhood traffic arise, assistance with the appropriate analysis and reporting will be provided. 2. Collision Records and Analysis - W -Trans could review collision records and monitor. locations that have had high coll.ision experience on an as-needed basis, including field reviews and recommendations for potential measures to address safety concerns. 3. Traffic Counts - W - Trans crews would be available to perform machine and turning movement counts as needed for analyses. The cost for this type of work is highly dependent upon the number of locations and would normally be part of some other type of analysis such as speed surveys, neighborhood issues, etc. 4. Traffic Control Device Inventories -We could assist in the development and data collection oftraffic control devices such as stop signs, speed limit, and other regulatory and warning SIgns. 5. Traffic Control Device Warrants - Warrants will be prepared relative to the need for new or changed right-of-way controls as requested. 6. Preparation of Striping and Signing Plans - Plans and associated specifications and cost estimates will be prepared for minor signing and striping changes. 7. Pedestrian Safety/School Area Safety - As the need arises, Safe Route to School plans or other pedestrian safety issues would be evaluated. 8. Traffic Control Plan Review - Traffic control plans SUbmitted by contractors could be reviewed to enSure compliance with Town standards. 9. Grants and Funding Opportunity Applications - W-Trans will assist City staff in preparing competitive applications for transportation grants and other funding opportunities. A total budget of $40,000 is requested to continue providing staff services on an as-needed basis. Billings will be provided on a monthly basis, and will include line items for the various tasks worked on. I 257804v ) A 80078/00 12 OAK #4844"8147-5591 v10:3 OAK #4844-8147-5591 v105 EXHIBIT B Compensation Rates and Schedules 1257804vlA 80(j78/0012 OAK #4844-8147-5591 v103 OAK #4844-8147-5591 v105 Exhibit B - Rates and Schedules \N-tt'an Reduced Fee Schedule 20 II Staff Billing Rates Vlhj;.,to-tk a._ 'VV-oinbo(t'ir Tf1l"'po".~tlon.I1\l:, ~DP ~..1:gl}dudflQ ,t-'VW10UQ StliItl2Gl .st.~nl".-R:{~~. C"/4,-'fl54\')l Position Billing Rate (per hour) VO,~) '747 Jiil~, U,5UiJ rex 707.542,9590 "''':-eb m,,^~.r.\"~.~f(:ltl:~:t'X:~n Principal $155-$198 $144-$153 $126-$144 $ II 7-$126 $85.50-$117 $76.50-$85.50 $63.00-$76.50 $27-$45 $13.50-$36 Senior Associate Associate Senior Engineer/Planner Transportation Engineer/Planner Assistant Engineer/Planner Technician/Administrative Intern Field Technician 20 II Expense Charges Item Charge Mileage $0.55/mile Services and Expenses 10% surcharge These rates are valid for work initiated prior to December 31, 20 II. Work initiated after January I, 2012, and any subsequent year may be billed at the revised rates established for that year. EXHIBIT C Insurance Requirements to Agreement For Design Professional Services Re: MASTER AGREEMENT WITH WHITLOCK & WEINBERGER Design Professional shall, at all tImes it is performing services under this Agreement, provide and maintain insurance in the following types and with limits in conformance with the requirements set forth below. Design Professional will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Design Professional agrees to amend, supplement or endorse the existing coverage to do so. Design Professional acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Design Professional in excess of the limits and coverage required in this agreement and that is applicable to a given loss will be available to City. 1. Commercial General Liability Insurance, occurrence form, using Insurance Services Office ("ISO") "Commercial General Liability" policy form CG 0001 or an approved equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review, but in no event shall be less than $2,000,000 (Two Million Dollars) each occurrence; 2. Business Auto Coverage on ISO Business Automobile Coverage form CA 00 01 including symbol 1 (Any Auto) or an approved equivalent. Limits are subject to review, but in no event shall be less than $2,000,000 (Two Million Dollars) each occurrence. If Design Professional or its employees will use personal autos in any way in connection with performance of the Services, Design Professional shall provide evidence of personal auto liability coverage for each such person. 3. Workers Compensation on a state-approved policy form providing statutory benefits as required bylaw with employers liability insurance, with minimum limits of $1,000,000 (One Million Dollars) per occurrence. 4. Excess or Umbrella Liability Insurance (Over Primary) ifused to meet limit requirements shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided undeI: an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf of'.basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by insured first. There shall be no cross-liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Design Professional, subconsultants or others involved in performance of the Services. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject toreview but in no event less than $2,000,000 (Two Million Dollars) per occurrence. 1:257804v I A 80078/0012 OAK #4844-8147-5591 v103 OAK #4844-8147-5591 v105 ' 5. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Design Professional and "Covered Professional Services" as designated in the policy must include the type of work performed under this Agreement. The policy limit shall be no less than $1,000,000 (One Million Dollars) per claim and in the aggregate. 6. Insurance procured pursuant to these requirements shall be written by insurers that are authorized to transact the relevant type of insurance business in the State of California and with an A.M. Bests rating of A- orbetter and a minimum financial size VII. 7. General conditions pertaining to provision of insurance coverage by Design Professional. Design Professional and City agree to the following with respect to insurance provided by Design Professional: A. Design Professional agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officers, elected officials, employees, agents, and volunteers, using standard ISO endorsement No. CG 2010 with an edition prior to 1992, or an equivalent. Design Professional also agrees to require all contractors, and subcontractors to do likewise. B. No liability insurance coverage provided to comply with this Agreement, except the Business Auto Coverage policy, shall prohibit Design Professional, or Design Professional's employees, or agents, from waiving the right of subrogation prior to a loss. ,Design Professional agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. , C. All insurance coverage and limits provided by Design Professional and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operatiofls limits the application of such insurance coverage. , , D. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. E. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. F. All coverage types and limits required are subject to approval, modification and additional requirements by City, as the need arises, and City shall be responsible for the cost of any additional insurance required. Design Professional shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. G. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured 1257804vlA 80078/0012 OAK #4844-8147-5591 v103 OAK #4844-8147-5591 v105 endorsement to Design Professional's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City may terminate this agreement in accordance with' Section 18 of the Agreement. H. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Design Professional agrees to require its insurerto modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 1. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Design Professional or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. J. Design Professional agrees to ensure that subconsultants, and any other party involved with the Services who is brought onto or involved in the Services by Design Professional, providethe same minimum insurance coverage required of Design Professional; provided, however that only subconsultants performing professional services will be required to provide professional liability insurance, Design Professional agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Design Professional agrees that upon request, all agreements with subcontractors and others engaged in the Services will be submitted to City for review. K. Design Professional agrees not to self-insure or to use any self-insured retentions or deductible's on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, architect, consultant or other entity or person in any way involved in the performance of work on the Services contemplated by this agreement to self-insure its obligations to City. If Design Professional's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to City. At that time City shalIreview options with the Design Professional, which may include , reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. L. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Design Professional ninety (90) days advance written notice of such change. If such change results in additional cost to the Design Professional, and City requires Design Professional to obtain the additional coverage, City will pay Design Professional the additional cost of the insurance. , M. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. J257804vlA 80078/0012 OAK #4844-8147-5591 v103 OAK #4844-8147-5591 v105 N. Design Professional acknowledges and agrees that any actual or alleged failure on the part of City to inform Design Professional of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any otherregard. o. Design Professional will endeavor to renew the required coverages for a minimum of three years following completion of the Services or termination of this agreement and, if Design Professional in unable to do so, Design Professional will notify City at least thirty days prior to the cancellation or expiration of the policy or policies. P. Design Professional shall provide proof that policies of insurance required herein expiring during thete~ of this Agreement have been reneWed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be , submitted prior to expiration. A coverage binder or letter from Design Professional's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages, Q. The provisions of any workers' compensation or similar act wilI.not limit the obligations of Design Professional under this agreement. Design Professional.expressly agrees that any statutory immunity defenses under such laws do not apply with respect to City, its officers, elected officials, employees, agents, and volunteers. 'R. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. S. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such, T. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions ofthis Section. U. Design Professional agrees to be responsible for ensuring that no contract entered into by Design Professional in connection with the Services authorizes, or purports to authorize, any third party to charge City an amount in excess of the fee set forthin the agreement on account of insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. v. Design Professional agrees to provide immediate notice to City of any claim or loss against Design Professional arising out of the work performed under this 1257804vlA 80078/0012 OAK #4844-8147-5591 vl03 OAK #4844-8147-5591 v105 agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. I 257804vlA 80078/0012 OAK #4844-8147-5591 v103 OAK ~4844-8147-5591 v105 EXHIBIT D Key Personnel and Other Consultants, Specialists or Experts Employed by Design Professional Dalene J. Whitlock Steve Weinberger Mark Spencer Allan Tilton Don Costa Mary Jo Yung Zack Matley Josh Abrams Tony Henderson Vanessa Aguayo Chris Helmer Debbie Mizell Corinne Rasmussen Ward Cargay , Angela McCoy 1257804vlA 80078/0012 OAK #4844-8147-5591 v103 OAK #4844-8147-5591 ,,10S Agenda Packet Preparation TIME LINES for Regular City Council Meetings held on the 2nd & 4th Tuesdays of each month: · Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via email for review and approval as to form DUE no later than NOON Three (3) Mondays prior to Council meeting date · Agenda items to City Manager via email for his review and responding ..email authorization", synchronized with above timeframe of Assistant City Attorney review, and an email copy to the City Clerk for drafting agendas · Agenda Items with attachments via email and a total of twenty (20) complete hard copy sets with 2 sets single-sided & 18 sets double-sided/stapled to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting date · Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday morning One (1) week prior to Council meeting date · Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on Thursday afternoon One (1) week prior to Council meeting date in compliance with Rohnert Park Municipal Code Section 2.08,020 and related Resolution No, 2008-173 {This section for City Clerk Use Only} 7/26/11 City Council Agenda Item No. 6.C.3 Resolution No. 2011-64 CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMJTT AL REPORT Meeting Date: Department: July 26, 20 II Development Services Submitted By: (Name & Title) Submittal Date: Patrick Barnes, Deputy City Engineer Agenda (Subject Only) Title: July ]2,20]] Authorize and Approve Task Order 2011-04 with Brelje & Race for Design, Construction Management and Inspection of Tanks 1, 3,4 & 5 Exterior Recoating Project No. 2008-03 Requested Council Action: Authorize and approve the Task Order 2011-04 with Brelje & Race for Design, Construction Management and Inspection of Tanks 1, 3, 4 & 5 Exterior Recoating Project No. 2008-03 and authorize the City Manager to execute said task order. Summary: The Tanks 1, 3, 4 & 5 Exterior Recoating ("Project") will provide protective coating of all exterior metal surfaces for Rohnert Park's Water Storage Tanks No.1, 3,4 and 5. The totaJ estimated project cost is $1,000,000. The project is funded by 2005A CSCDA Water/Wastewater Revenue Bonds. No General Fund monies are used on this project. Development Services issued a Request for Proposals (RFP) for design, construction management and inspection services in May, 20] 1. Two proposals were received by the due date of June 21, 2011. The City project team reviewed the proposals and scored them on responsiveness to the RFP. The project team chose Brelje & Race due to the work plan and understanding of the project. Brelje & Race proposed the work described in the proposal to be completed for $118,985, which is within the estimated budget for the design, construction management and inspection ofthe Project. Staff recommends that the City Council approve and authorize a Task Order to the Master Agreement with Brelje & Race for the Tanks 1, 3,4 & 5 Exterior Recoating, City Project No. 2008- 03, for the not-to-exceed amount of$l 18,985. Staff further recommends authorizing the City Managerto execute any changes or amendments up to 10% cumulatively of the original contract amount on behalf of the City ofRohnert Park. Enclosures: Resolution, Draft Contract - CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney, CITY MANAGER'S RECOMMENDATION: (X) Consent Item ( ) Regular Item (X) Approval ( ) Public Hearing Required ( ) Not Recommended ( ) Submitted with Comment ( ) Policy Determination by Council ( ) City Comments: Per City Manager's review and direction for distribution of this agenda item. (Revised 031309) JH:TG-S:05-b Page 2 of2 RESOLUTION NO. 2011-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING TASK ORDER 2011-04 WITH BRELJE & RACE FOR DESIGN, CONSTRUCTION MANAGEMENT AND INSPECTION OF TANKS 1,3,4 & 5 EXTERIOR RECOA TING PROJECT NO. 2008-03 WHEREAS, in May, 2011, staff issued a Request For Proposals ("RFP") for the Tanks 1, 3,4 & 5 Exterior Recoating ("Project") to identify a qualified consultant/design team that can assist the City with the design, construction management and inspection of the Project; and WHEREAS, the City received two proposals on June 21, 201 I and subsequently reviewed the proposals for work plan and understanding ofthe Project. WHEREAS, the City project team chose Brelje & Race for an award of contract due to their experience and expertise in this particular type of work as demonstrated in the selection process. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Rohnert Park authorizes and approves a Task Order by and between Brelje & Race and the City of Rohnert Park, a municipal corporation, for design and related services for the Tanks 1,3,4 & 5 Exterior Recoating Project No. 2008-03, fora not-to-exceed cost of $118,985.. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute this agreement in substantially similar form as shown in Exhibit A and any changes or amendments up to 10% cumulatively of the original contract amount on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 26th day ofJuly, 2011. CITY OF ROHNERT PARK Mayor ATTEST: City Clerk Exhibit "A" BRELJE & RACE TASK ORDER NO. 2011-04 CITY OF ROHNERT PARK AND BRELJE & RACE AUTHORIZA TION FOR DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR THE TANKS 1,3,4 & 5 EXTERIOR PAINTING PROJECT NO. 2008-03 SECTION 1 - PURPOSE The purpose of this Task Order is to authorize and direct BRELJE & RACE to proceed with the work specified in Section 2 below in accordance with the provisions of the MASTER AGREEMENT between the City of Rohnert Park ("City") and BRELJE & RACE ("Consultant") dated February 25,2011. SECTION 2 - SCOPE OF WORK The items authorized by this Task Order are presented in Attachment "A" - Scope of Services. SECTION 3 - COMPENSATION AND PAYMENT Compensation shall be as provided in the MASTER AGREEMENT between the parties hereto referenced in SECTION 1 above. The total cost for services as set forth in SECTION 2 shall be actual costs (time and materials) based on Consultants' standard labor charges in accordance with the provisions of the MASTER AGREEMENT and as shown in Attachment "B" for an amount not-to-exceed $118,985. SECTION 4 - TIME OF PERFORMANCE The work described in SECTION 2 shall be completed by December 31, 2012, or as extended by the City Manager. SECTION 5 - ITEMS ANI) CONDITIONS All items and conditions contained in the MASTER AGREEMENT for professional services between City and Consultant are incorporated by reference. Approved this day of ,2011. CITY OF ROHNERT PARK BRELJE & RACE Gabriel A. Gonzalez, City Manager (Date) Per Resolution No. 2011-_adopted by the Rohnert Park City Council at its meeting of July 26, 2011 By: Name and Title (Date) BRELJE & RACE By: Name and Title (Date) j Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2nd & 4th Tuesdays of each month: · Resolutions (other than standard formats for authorizations c;md approvals), Ordinances & Agreements to Assistant City Attorney vja email for review and approval as to form DUE no later than NOON Three (3) Mondays prior to Council meeting date · Agenda items to City Manager via email for his review and responding ..email authorization", synchronized with above timeframe of Assistant Cjty Attorney review, and an email copy to the City Clerk for drafting agendas · Agenda Items with attachments via email and a total of twenty (20) complete hard copy sets with 2 sets single-sided & l8 sets double-sided/stapled to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting date · Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday morning One (1) week prior to Council meeting date · Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on Thursday afternoon One (1) week prior to Council meeting date incompliance with Rohnert Park Municioal Code Section 2.08,020 and related Resolution No. 2008-173 {This section for City Clerk Use Only} 7/26/11 City Council Agenda Item No. 6.CA Resolution No. 2011-65 CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: July 28, 2011 Department: Public Works and Community Services Submitted By: (Name & Title) Submittal Date: Johnny Chung, Project Manager' June 27, 2011 Agenda (Subject Only) Title: Approve and authorize the City Manager to execute two Bartley Pump Change Orders for repair and replacement work for Well Rehab Projects: #2010-07 and #2010-7A ' Requested Council Action: Approve Bartley Pump Change Orders for two well rehab projects: 1. Change order for Project2010-07 in the amount of$54,056.88. 2. Change order for Project 2010-07A in the amount of$64,500.56. Project Overview: In February, staff solicited bids to rehabilitate and perform routine maintenance on six (6) of the City's water wells. In March, the contract was awarded to Bartley Pump, Inc. In April, the contractor began working on the project by pulling pumps from the wells several hundredJeet below ground. The pumps, piping and all the accessories were found to be worn and in need of replacement to return the wells to normal operating capacity. Staff recommends approving the attached change orders to allow Bartley Pump to complete the project. Background: The wells in the project, #'s 6, 29, 40, 8A, 10 and 21 had not been rehabilitated for eight to ten years, and haddrbpped to less than 20% of their production capacity. The drop in water production indicated that the wells were clogged and rehabilitation, involving brushing and cleaning, was required. The parts in each well were taken apart during the initial rehabilitation work and inspected for wear and tear. Repair andreplacement of the worn parts is an essential'step in completing the rehabilitation work and will return water production to above 95% capacity. Work began on the project in April and should be complete later this month. The base contract includes the basic scope of rehabilitating the wells, including the brushing and cleaning of each part and , component ofthewelI. However, specific repair and replacement work was not included. The bid documents required contractors to provide unit prices for more extensive repair work. This information was included in the contract in anticipation of more extensive repair work being needed. (j " Current Project Status: Each of the wells has been inspected and the basic rehabilitation of brushing and cleaning several of the wells (#'s 6,29,40 and 10) is also complete., However, the inspection found that many of the components are worn beyond repair and holes were found in the casing of wells #'s 8A and 21 which require more extensive repair. A comprehensive list of repair and replacement needs is detailed on the attached Change Order forms. Council approval is required to move forward with the change order and complete the well rehabilitation work. Project Cost Summary: Funding for this project is from the water enterprise. Proiect #20] 0-07, Wells 6, 29 and 40 Original contract amount: Previous change order amount Contract amount prior to this change order This change order amount The new contract Amount including this Change order , $ 33,265.00 $ 5,266.00 $ 38,531.00 $ 53,953.88 $ 92,484.88 Proiect #2010-07 A, Wells 8A, 10, 21 Original contract amount: This change order amount The new contract Amount including this Change order $ 28,881.00 $ 64,500.56 $ 93,381.56 Recommendation: Staff recommends approving and authorizing the City Manager to execute the two (2) change orders for the two (2) well rehab projects: #2010-07 and #2010-7 A. Enclosures: Bartley Change Order for Project # 201 1-07 (Wells 6, 29 and 40). Change Order for Project # 2011-07A (Well 8A, 10, and 21). CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney. CITY MANAGER'S RECOMMENDATION: (X) Consent Item (X) Approval ( ) Public Hearing Required ( ) Not Recommended ( ) Submitted With Comment ( ) Policy Determination by Council ( ) City Comments: ( ) Regular Item Per City Manager's review and direction for distribution of this agenda item. (Revised 03] 309) JH:TG-S:05-b RESOLUTION NO. 2011-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING BARTLEY PUMP CONTRACT CHANGE ORDERS FOR REPAIR AND REPLACEMENT WORK FOR THE WELL REHABILITATION PROJECTS: #2010-07 AND #2010-7A WHEREAS, on March 25, 2011 the City of Rohnert Park entered into two Agreements . with Bartley Pump, Inc. ("Contractor") to rehabilitate six wells; and WHEREAS, the inspection during rehabilitation work on the wells revealed many worn out well components that need to be repaired and replaced; and WHEREAS, the cost of the repair and replacement work is priced using the unit bid prices where applicable and detailed on the Change Order # 1 for Project 2010-07 A and Change Order #2 for Project 2010-07 attached hereto (collectively, "Change Orders"); and WHEREAS, the approval of the Change Orders will allow Contractor to complete the well rehabilitation projects. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City 6fRohnert Park that it does hereby approve Change Order # 1 for Project 2010-07 A and Charge Order #2 for Project 2010-07 attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and, directed to take all actions to effectuate this Resolution for and on behalf of the City ofRohnert Park, including execution in substantially similar form of the Change Orders attached hereto, subject to minor modifications by the City Mariager or City Attorney. DULY AND REGULARLY ADOPTED this 26th day of July, 2011. CITY OF ROHNERT PARK Mayor ATTEST: City Clerk OAK #4844-7744c2058 v2 ,City ofRolmert Park Department of Public Works 600 EnterPrise Dlive, ROlmertPark, CA .94903 ' CONTRACT CHANGE ORDER NO.1 Repair and Replace Well Components for Wells 8A, 10,21 PROJECT: Well Rehabilitation Wells #8A, 10, and 21 Santa Rosa, CA 95405 CONTRACTOR: Bartley Pump Inc. 4000 S. Moorland Avenue Santa Rosa, CA 95407 ' PROJECT #PWCS201 0-07 A DATE: June 21, 2011 You are hereby directed to make the herein described changes from the plans and specifications to do the following described 'work not included in the plans and specifications of this contract. All new work herein described shall be done in accordance with the applicable provisions of the plans and specifications, except as modified by this contract. change order. NOTE: This change order is valid when signed on behalf of the Owner. ' DESCRIPTION OF CHANGE: Addition work to repair and replace wom~out components per bid pricing for the following wells: 1. Well #8A: ($21,517.58) a. Unit price #1 - pump and Motor b. Unit price #4 - replace cable 367' -0" @ $2:54/lnft c. Unit price #7 - replace I" PVc sounding tube 360' -0" @ $0.59/lnft d. Unit price #8- replace 4" galvanized steel column pipe, 357'-0" @$20/lnft e, Unit price #9 -: swedge repair of holes in steel casing I @$ 6,785.00 f. Unit price #12 -4" check valve @ $375/each ,g. Repair Discharge'head 2, Well #10: ($ 9,758AO) , a. Unit price #2 - pump and Motor b. Unit price #4 - replace cable 310'-0" @ $2.54/lnft c. Unit price #7 -replace 1" pvc sounding tube 300'-0" @$O,591lnft d. Unit price #12 ~ 4" check valve @ $375/each e. Repair Discharge head 3, Well #21: ($33,224.58) , a. Unit price #3 - pump and Motor b. Unit price #4 - replace cable 367' -0" @ $2.54/lnft c. Unit price #7 - replace 1" pvc sounding tube 360' -0" @ $0.59/lnft d. Unit price #9 - swedge repair of holes steel casing 3 @ $ 6,785.00 e. Replace J" check valve @ $250/each f. Replace 3" galvanized steel column pipe, 357'-0" @ $15/1nft g. Repair Discharge head Net Cost: $ 4,609.00 $ 932.18 $ 212.40 $ 7,140.00 $ 6,785.00 $ 750.00 ' $ 1,089.00 $ 6,955.00 $ 787.40 $' 177.00 $ 750.00 $ 1,089,00, $ 4,781.00 $ 932.18 $ 212.40 $20,355.00 $ 500.00 $ 5,355.00 $ 1,089.00 'Except ~s amended by this Contract Change Order, the Contract shall remain in full force and effect. $64,500.56 The original (Contract Sum)was.................... _.................... ..... ............. ........ Net change by previous authorized Change Orders.......................... ~............ ..... The (Contract Sum) prior to this Change Order was.. ... ...... .. ...... .. .... ... ................. The ( Contract Sum) will be (increased) by this Change Order in the amount of........ ,The new (Contract Sum) including this Change Order Will be................................ The Contract Time will be (Increased) by............~ ...... ........~............ ................ The date of Substantial Completion as of the date ~fthis Change Order therefore is.... EXHIBIT A $ 28,881.00 $ 0.00 '$ 28,881.00 $ 64,500.56, $' 93,381.56 57 days July 29,2011 -;. .! " ~I :1 p! -.1 -:1 ~.,~ :~ "I " ;~~ :.~ . ~ ,< :.~ " " ~~: " ~! 'J J " . ':~ . - "" "... ... ~ #_'. ....- ~ - .'._". .'. --~'.'."""'_... -'. , '" City of Rohnert Park Departrrient of Public Works 600 Enterprise Drive, Rohnert Park; CA 94903 The adjustments to the Contract Price arid Contract Time in this Change Order include all costs, including direct, indirect,. consequential, , and overhead (field and home office) costs, related to the Change described above. By signing this Change Order, Contractor agrees to accept the adjustment to the Contract Price, calculated as provided above, and the adjustment of the Contract Time, as payment in full for all costs, including direct, indirect, consequential, and overhead (field and home office) costs, related to the Changes described above. ended by: City of Rohnert Park ,I bIt ( Project Manager Date' ti:::dJ,. p ro~ed By: Contfa}lor ~ \ " . !{~7/bhJ , ' , Date' , Approved By: City ofRohnert Park ~C~ , ,.}/"/4 ' Jo McArthur 'Dir of PW &CS ate ' , Authorized by: City of Rohnert Park AITEST City Clerk Gabriel A, Gonzalez City Manager Date' Per Resolution No. 2ol~~~~)~i.adopted by the Rohnert Park City Council at its meeting of July 12, 2011. File No: 18-2107 City of Rohnert Park Department of Public Works 600 Enterprise Drive, Rohnert Park, CA 94903 CONTRACT CHANGE ORDER NO.2 Repair and Replace Well Components for Wells 6, 29, 40 PROJECT: Well Rehabilitation Wells #6, 29, and 40 Santa Rosa, CA 95405 CONTRACTOR: Bartley Pump Inc. 4000 S. Moorland Avenue Santa Rosa, CA 95407 DATE: June 27,2011 PROJECT No:PWCS 2010-07 You are hereby directed to make the herein described changes from the plans and specifications to do the following described work not included in the plans and specifications of this contract. All new:work herein described shall be done in accordance with the applicable provisions of the plans and specifications, except as modified by this contract change order. NOTE: This change order is valid when signed on behalf of the Owner. ' DESCRIPTION OF CHANGE: Addition work to repair and replace worn-out components per bid pricing for the following wells: 1. Well #6: ($20,129.02) a. Unit price #1 - pump and Motor b. Unit price #4 - replace cable 283'-0" @ $2.54/lnft c. Unit price #7 -replace 1" pvc sounding tube 280'-0" @ S0.59/lnft d. Unit price #8~' replace 4" galvanized steel column pipe, 273' -0" @ $20/lnft e. Unit price #12 - 4" check valve 2 @ $375/each f. ' New item - Sand Separator g. Repair Discharge head $ 5,576.00 $ 718.82 $ 165.20 $ 5,460.00 $ 750.00 $ 6,370.00 $ 1,089.00 2. Well #29: ($18,125.28) a. Unit price #2 - pump and Motor b. Unit price #4 - repla~e cable 473' -0" @ $2.54/lnft c. Unit price #7 -'- replace 1" pvc soUnding tube 460'-0" @ $0.59/lnft d. Unit price #8:.. replace 4" galvanized steel column pipe, 462 '~O" @ $20/1nft e, Unit price #12 - 4" check valve 2 @ $375/each f. Repair Discharge head S 5,576.00 S 1,198.88 $ 271.40 S 9,240.00 $ 750.00 $ 1,089.00 ~.! ; .~. 3. Well #40: ($15,699.58) a. Unit price #3 - pump and Motor b. Unit price #4 - replace cable 367'-0" @ $2.54/lnft c. Unit price #7 - replace 1" pvc sounding tube 360' -0" @ $0.59/lnft d. Unit price #8 - replace 4" galvanized steel column pipe, 357' -0" @ $20/lnft e. Unit price #12 - 4" check valve 2 @ $375/each f. Repair Discharge head $ 5,576.00 $ 932.18 $ 212.40 $ 7,140.00 $ 750.00 $ 1,089.00 -~ ~1 .-," ..:~. ,', " Net Cost: $ 53,953,88 " :i Except as amended by this Contract Change Order, the Contract shall remain in full force and effect. The original (Contract Sum)was................................................................... Net change by previous authorized Change Orders.......................... ..... ............. The (Contract Sum) prior to this Change Order was............................................. The ( Contract Sum) will be (increased) by this Change Order in the amount of........ The new (Contract Sum) including this Change Order will be............................... The Contract Time will be ( Increased) by...................... ........ ................ .......... The date of Substari,tial Completion as of the date of this Change Order therefore is.... $ 33,265.00 $ 5,266.00 $ 38,531.00 $ 53,953.88 $ 92,484.88 47 Cal days June 30, 2011 1 Project # PWCS 2011-07 Change Order #2- City ofRohnert Park Department of Public Works 600 Enterprise Drive, RohnertPark~ CA 94903 The adjustInents, to the Contract Price and Contract Time in this Change Order include all costs, including direct, indirect, consequential, and overheiid (field and home office) costs, related to the Change described above. By signing this Change Order, Contractor agrees to accept the adjustment to the Contract Price, calculated as provided above, and the adjustment of the Contract Time, as payment in full for all costs, including direct, i7!direct, consequent,ial, and overhead (field and home office) costs, related to the Changes described above, ommended by: City of Rohnert Park ?/S( ?-OI( P~?jec:tMC!rla.$;er, Date' Ai>p'rove~ By; ~ol!tr~Ctoi-. . " 'f);;:;;Ylt!~4~ " , :. .... .J.- ~_,'.: ; :'Xppf(jV~dB~~"':'CitY'otRoh~~rlF.a~~' '7/1 /j; :',: .. Date " ..;:l .;. ........- ~t ., " tt. '. ,II ,.1/ ' Date '~~ J;;if McArthur DirofPW&CS Authorized by: City of Rohnert Park ATIEST City Clerk Gabriel A. Gonzalez, ,CityManager Date , Per Resolution No. 20~[~'t~m~f~adopted by the Rohnert Park City Council at its meeting of July 12; 2011. File No; 18-2107 ' Project # PWCS 2011-07 Change Order #2 2 '" :~ , " j '" ~'" '.i ';i 'j ~: :i ....; ".'j .J ~~ :j :~ ,. :~ ~J l r Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2nd & 4th Tuesdays of each month: · Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via email for review and approval as to form DUE no later than NOON Three (3) Mondays prior to Council meeting date · Agenda items to City Manager via email for his review and responding ..email authorization", synchronized with a,bove timeframe of Assistant City Attorney review, and an email copy to the City Clerk for drafting agendas · Agenda Items with attachments via email and a total of twenty (20) complete hard copy sets with 2 sets single-sided & ] 8 sets double-sided/stapled to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting date · Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday morning One (1) week prior to Council meeting date · Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on Thursday afternoon One (1) week prior to Council meeting date in compliance with Rohnert Park Municipal Code Section 2,08,020 and related Resolution No. 2008-] 73 {This section for City Clerk Use Only} 7/26/11 City Council Agenda Item No. 6.C.5 Resolution No. 2011-66 CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: July 26, 2010 Department: Administration Submitted By: Gabriel A. Gonzalez, City Manager Submittal Date: July 19,2011 Agenda Title: Fee Waivers and Co-Sponsorships RECOMMENDED ACTION: Approve a Resolution ofthe City Council of the City of Rohnert Park Adopting a Co- sponsorship and Fee Waiver Policy BACKGROUND At its July 12, 2011 meeting, City Council reviewed the first draft of a proposed Co-sponsorship and Fee Waiver Policy developed to address requests the City receives from government agencies and community organizations to co-sponsor or waive fees for various activities. Staff was directed to make certain changes to the draft policy and return to City Council for final approval. These changes include limiting the value of each request granted to $ 1 ,000.00 (with the exception of Project Graduation) and eliminating business enterprises from qualifying for these resources. PURPOSE/JUSTIFICA TION OF RECOMMENDED ACTION The policy provides standards that ensure a consistent and equitable process for handling community requests of this nature. Moreover, it is the intent of the City Council to delegate to the City Manager the authority to grant fee waivers pursuant to the policy. \ .. FISCAL IMPACT/FINANCING Fee reductions are already provided for non-profit organizations as part ofthe facility rental fee schedule. Co-sponsorships and fee waivers for special events could result in reduced revenue totals at fiscal year-end, e.g., facility rentals and temporary use permits. Consequently, it is anticipated only a minimal number of events would receive approval each year. Additionally, by limiting the cash/in-kind value of these requests to $1,000 per activity, annual costs are well controlled. IMP ACT ON CURRENT SERVICES OR PROJECTS All resources to be provided by the City in co-sponsorship of an event or program would be within current funding allocations, and expenditures would not result in a reduction of other City services. The City shall retain the right to refuse any request meeting the criteria, based on budgetary constraints. Organizations granted fee waivers shall be required to mitigate impacts on facilities. CONCLUSION The fee waiver and co-sponsorship policy will provide local organizations with a fair and open process for requesting and receiving City support for their community events. Enclosures: - Draft City of Rohnert Park Co-Sponsorship and Fee Waiver Policy - Redline - Resolution Adopting Policy - Final Policy CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney. CITY MANAGER'S RECOMMENDATION: (X) Consent Item (X) Approval ( ) Public Hearing Required ( ) Not Recommended ( ) Submitted with Comment ( ) Policy Determination by Council ( ) City Comments: ( ) Regular Item Per City Manager's review and direction for distribution ofthis agenda item. (Revised 031309) JH:TG-S:05-b BETTYT.YEE SEN. GEORGE RUNNER (RE-r.) MICHELLE STEEL JEROME E. HORTON JOHN CHIANG KRISTINE CAZADD First District Second District Third District Fourth District State Controller Interim San Francisco Lancaster Rolling Hills Estates Los Angeles Executive Director l� ,i11 `4 Y 6 Ad ,i11 `4 Y Ad x a PUBLICATION 51 o LDA • January 2011 i 800 - 400 -7115 e•services www.boe.ca.gov • Natural Gas Surcharge • Occupational Lead Poisoning Prevention Fee • Oil Spill Prevention, Response and Administration Fee • Tax on Insurers • Underground Storage Tank Maintenance Fee • Use Fuel Tax • Water Rights Fee Cigarette and Tobacco Products: 800 - 400 -7115 • California Cigarette and Tobacco Products Licensing Act of 2003 • Cigarette and Tobacco Products Tax Motor Carrier Office: 800 - 400 -7115 • International Fuel Tax Agreement (IFTA) • Interstate User Diesel Fuel Tax Field Offices City Area Code Bakersfield 661 Culver City 310 El Centro 760 Fresno 559 Irvine 949 Norwalk 562 Oakland 510 Rancho Mirage 760 Redding 530 Riverside 951 Sacramento 916 Salinas 831 San Diego 619 San Francisco 415 San Jose 408 San Marcos 760 Santa Rosa 707 Suisun City 707 Van Nuys 818 Ventura 805 West Covina 626 Out -of -State Field Offices Chicago, IL 312 Houston, TX 281 New York, NY 212 Sacramento, CA 916 Motor Carrier Office, Fuel Taxes West Sacramento (Not a sales and use tax office) Number 395 -2880 342 -1000 352 -3431 440 -5330 440 -3473 466 -1694 622 -4100 770 -4828 224 -4729 680 -6400 227 -6700 443 -3003 525 -4526 356 -6600 277 -1231 510 -5850 576 -2100 428 -2041 904 -2300 677 -2700 480 -7200 201 -5300 531 -3450 697 -4680 227 -6600 800 - 400 -7115 January 2011 29 Calling the BOE For your convenience, we have created a guide to important telephone numbers. Taxpayer Information Section: 800 - 400 -7115 For callers outside of the United States: 916- 445 -9362 TTY: 711 Taxpayers' Rights Advocate Office: 888 - 324 -2798 916 - 324 -2798 916- 323 -3319 (fax) Tax Appeals Assistance Program: 916 - 319 -9199 Tax Evasion Hotline: 888 - 334 -3300 Automated Seller's Permit Verification: 888 - 225 -5263 EFT Hotlines Speakers Bureau: 916- 445 -6188 Sales and Use Taxes: 916 -327 -4229 Special Taxes and Fees: 800 - 400 -7115 The following telephone numbers are program- specific to help you reach the appropriate division. Property Taxes Programs County- Assessed Properties Division: 916- 445 -4982 • Assessment Practices Surveys • Assessors' Handbooks • Letters to Assessors • Timber Yield Tax State - Assessed Properties Division: 916 - 323 -2323 • Private Railroad Car Tax • State - Assessed Property • Tax Rate Area Maps Special Taxes and Fees Programs Special Taxes and Fees: 800 - 400 -7115 • Aircraft Jet Fuel Tax • Alcoholic Beverage Tax • California Tire Fee • Childhood Lead Poisoning Prevention Fee • Diesel Fuel Tax • Electronic Waste Recycling Fee • Emergency Telephone Users Surcharge • Energy Resources Surcharge • Hazardous Substances Fees— Activity, Disposal, Environmental, Facility, Generator, and Transportable Treatment Unit Fees • Integrated Waste Management Fee • Marine Invasive Species Fee • Motor Vehicle Fuel Tax 28 January 2011 About Us Created in 1879 by a constitutional amendment, the Board of Equalization (BOE) was initially responsible for ensuring that county property tax assessment practices were equal and uniform throughout California. The BOE began to levy four new taxes including insurance and corporate franchise taxes in 1911 to produce revenue for services throughout the state. As a result of the Great Depression, BOE assumed the collection of the newly created sales tax in 1933 and the use tax in 1935. Currently, the BOE administers the state's sales and use, fuel, alcohol, tobacco, and other taxes. We also collect fees that fund specific state programs in addition to property taxes and fees. At present, more than one million businesses are registered with the BOE. In addition to administering key revenue programs, the BOE plays a significant role in California property tax assessment and administration. It also acts as the appellate body for appeals from actions of the Franchise Tax Board. The mission of the State Board of Equalization is to serve the public through fair, effective, and efficient tax administration. If you have comments or suggestions for improving this publication, please write to: Editorial Services Section MIC:58 State Board of Equalization PO Box 942879 Sacramento, CA 94279 -0058 www. boe. ca.gov /info /survey. htm e •services BOARD OF EQUALIZATION Fast, Easy, and Accurate ...www.boe.co.gov www.boe.ca.gov e•services 800 - 400 -7115 Contents Taking Advantage of Free Tax Products and Services www.boe.ca. gov ..................... ............................... 1 Publication 347, BOE Publication CD -ROM . ............................... 1 Taxpayer Information Section ........... ............................... 1 BOE Field Offices ................... ............................... 2 BOE Electronic Updates ............... ............................... 2 eNewson List Serve ................... ..............................2 New Mobile Applications .............. ............................... 2 SocialMedia ....................... ............................... 3 Publications including Translated Versions . ............................... 3 Accessibility........................ ............................... 3 Public Records ...................... ............................... 3 Using Free Electronic Services Electronic Filing ..................... ............................... 4 eClient Registration .................. ............................... 4 Electronic Payment Options ............ ............................... 4 Online Permit or License Verification ..... ............................... 5 Cigarette Stamp Online Orders .......... ............................... 6 Benefiting from Free Seminars, Classes, and Videos Seminars.......................... ............................... 7 Business Tax Days or Fairs ........... ............................... 7 Industry Seminars .................. ............................... 7 eFile and eServices Workshops ........ ............................... 7 Nonprofit Educational Seminars ........ ............................... 7 Classes............................ ..............................7 Basic Sales and Use Tax Classes ....... ............................... 7 Sales and Use Tax Return Preparation Classes ............................ 8 Virtual Seminars ..................... ............................... 8 Seminars for Nonprofit and Faith -Based Organizations ...................... 8 Small Business Owner Presentations .... ............................... 8 Online Classes —Basic Sales & Use Tax ... ............................... 8 More Online Videos .................. ............................... 9 eFile Introduction, Demonstration, and Use Tax Video ...................... 9 An Important Message from the Taxpayers' Advocate Office ................... 9 Cigarette and Tobacco Retail Sales ...... ............................... 9 Your Appeal Hearing ................ ............................... 9 Your Assessment Appeal .............. ............................... 9 Using Free BOE Resources and Assistance Programs Written Tax Advice .................... .............................10 Interpreter Services .................... .............................10 Frequently Asked Questions .............. .............................10 800 - 400 -7115 e• services www.boe.ca.gov 389 Taxable Sales in California —This report, published five times a year, details retail sales activity in California, as measured by transactions subject to sales and use tax. It includes data about statewide taxable sales by type of business as well as data about taxable sales in all California cities and counties. State Assessee Newsletter —The State Assessee Newsletter is published annually in December and is mailed to interested parties. It contains information on the state assessee valuation process. To be placed on the mailing list, please call 916 - 322 -2323, or send a request to: State - Assessed Properties Division MIC:61 State Board of Equalization PO Box 942879 Sacramento, CA 94279 -0061 Available Manuals Many BOE manuals are available to taxpayers —some at no charge and some for a fee. Please visit our website to access the following: Assessors' Handbook This is a collection of reference manuals used by BOE staff, county assessors and their staffs, and other interested parties addressing the principles of property assessment and real and personal property appraisal. You may order handbook sections on our website or by calling our toll -free number. Business Taxes Audit Manual This is a thirteen - chapter guide for BOE auditors on procedures and techniques and can be found on our website. Compliance Policy and Procedures Manual This manual contains policy guidelines, specific standards, and uniform procedures for BOE staff regarding taxpayer registration, account maintenance, return processing, security deposits, account closeouts and clearances, collections, and cashiering. This manual is available on our website. Business Taxes Law Guide The four - volume set of the Business Taxes Law Guide is available in printed and electronic versions, contain applicable statutes, regulations, court decision summaries, memorandum opinions of the Board Members, and annotations regarding specific application of taxes and fees. The annual subscription includes updates made periodically during the year. For more information, visit our website or call our toll -free number. Property Taxes Law Guide The three - volume set of the Property Taxes Law Guide is also available in printed and electronic versions. If you are interested in the printed subscription for a fee which includes all updates, please call our toll -free number. iv January 2011 January 2011 27 www.boe.ca.gov e•services 800 - 400 -7115 �o� 166 Operating Without a Valid Seller's Permit - Criminal Citation — outlines why a representative from the BOE's Investigations Division is visiting you. It explains you can avoid receiving a criminal citation and being prosecuted, and explains your responsibilities after receiving a criminal citation. 306 Annual Report of the State Board of Equalization — explains how much revenue our agency collected and highlights our other activities during the fiscal year. The report includes a comprehensive economic analysis of the national economy, California's economy, and taxable sales activity throughout the state. 416B State Board of Equalization 3 Year Business Plan Fiscal Year 2010 - 2013 —This work plan offers objectives, potential measures of success, and the key deliverables for each goal outlined in the Strategic Plan. We publish several informative newsletters and reports throughout the year. These publications are distributed with tax returns, mailed to interested parties, and available for download from our website. These are: 26 Tax Information Bulletin Index — Issued annually, this index was created to help readers find TIB articles of interest published the previous year. 201 Special Taxes and Fees Newsletter— contains information about special tax and fee programs. 204 Cigarette and Tobacco Products Newsletter —is geared directly to the cigarette and tobacco products taxpayers and is published annually. 205 Motor Carrier Office Newsletter — includes information pertaining to motor carriers and the International Fuel Tax Agreement. It is also published annually. 329 Economic Perspective — summarizes recent economic developments throughout the state and is published quarterly. 334 Environmental Fees Newsletter —This newsletter is now part of the Special Taxes and Fees Newsletter. However, back issues can be found on our website or by calling our toll -free number. 337 Excise Taxes Newsletter —This newsletter is now part of the Special Taxes and Fees Newsletter. However, back issues can be found on our website or by calling our toll -free number. 341 Fuel Taxes Newsletter —This newsletter is now part of the Special Taxes and Fees Newsletter. However, back issues can be found on our website or by calling our toll -free number. 388 Tax Information Bulletin —The TIB is a quarterly newsletter that includes articles on the application of the sales and use tax law to specific types of transactions, announcements about new and revised publications, and other articles of interest. If you receive a paper return in the mail, you will find a copy of the TIB enclosed. If you electronically file (efile) your sales and use tax return and we have your email address on file, a link to the electronic version of the TIB will be included in your email reminder to file. You can also find current and archived TIBs on our website. If you do not file on a quarterly basis, but would like to read all four bulletins, you can sign up for our BOE updates email list and receive notification when the latest issue of the TIB has been posted to our website. Contents Translated Information .................. .............................10 Taxpayer Information Section ............. .............................10 Taxpayers' Rights Advocate .............. .............................10 Tax Appeals Assistance Program ........... .............................11 Taxpayer Educational Consultation Program .. .............................11 Speakers Bureau ...................... .............................11 Mexican Merchant Resale Verification ....... .............................11 Emergency Relief Information ............. .............................11 Special Notices ....................... .............................12 VIP Suggestions ....................... .............................12 Audit Surveys ........................ .............................12 Customer Service Surveys ................ .............................12 Communicating with the Board Members Board Member Homepages .............. .............................13 Public Meetings ....................... .............................13 Taxpayers' Bill of Rights Hearings ......... .............................13 Obtaining Free Publications Ordering Publications ................... .............................14 About Edition Dates .................... .............................14 Using Publication 347, BOE Publication CD -ROM ...........................14 • Section 1: Start Your Business ......... .............................14 • Section 2: File Your Return ........... .............................16 • Section 3: Tax Rates ................ .............................16 • Section 4: Close Your Business ........ .............................16 • Section 5: Special Taxes and Fees ...... .............................17 Alcoholic Beverage, eWaste, Emergency Telephone Surcharge, Environmental Fee, and Fuels ........ .............................17 Cigarette and Tobacco Products Taxes . .............................17 Motor Carrier Office ............... .............................18 • Section 6: Helpful Publications by: ..... .............................18 Business Type (Industry Specific) ..... .............................18 Business Need .................. .............................21 • Section 7: Relief, Refunds, Collections, Audits, and Appeals ................22 • Section 8: Use Tax ................. .............................23 • Section 9: Nonprofit Organizations ..... .............................23 • Section 10: Property Taxes ........... .............................24 • Section 11: Taxpayers' Rights .......... .............................25 • Section 12: General Information ....... .............................25 Available Manuals ................ .............................27 Calling the BOE ......................... .............................28 26 January 2011 January 2011 v e• services 800- 400 -7115 e•services www.boe.ca.gov Section 11: Taxpayers' Rights 70 Understanding Your Rights as a California Taxpayer — contains information about specific taxpayers' rights under the law and the BOE Advocate's role in protecting those rights. 145 California Taxpayer Advocates — provides contact information for the Advocates at the BOE, EDD, FTB, and IRS. 316 Taxpayers' Rights Advocate's Property and Business Taxes Annual Report— highlights accomplishments of the Taxpayers' Rights Advocate Office during the past year, describes its involvement in important new projects to assist taxpayers, identifies current issues the office is working to resolve, and contains examples of cases illustrating the services the office provides. Section 12: General Information 21G The California State Board of Equalization — introduces you to the BOE and the elected Board Members by describing the BOE's purpose, its districts, and its tax programs. 28 Tax Information for City and County Officials—See Section 6. 41 Taxes and Fees Administered by the California State Board of Equalization — lists all the taxes administered by the BOE. It is a valuable resource which records the following information for each tax: what is taxed, who pays, what the tax rate is, what change in revenue happened during the fiscal year, and how the funds collected are used. 51 Board of Equalization Resource Guide to Free Tax. Products and Services for Small Businesses —See Section 1. 54 Tax Collection Procedures—See Section 1. 56 Offer in Compromise —See Section 4. 58A How to Inspect and Correct Your Records—See Section 1. 72 Summary of Constitutional and Statutory Authorities — summarizes the constitutional and statutory provisions that created the BOE; provided for the election of Board Members; authorized the BOE to hire staff, administer specific taxes, adopt regulations and forms, and hear appeals from the BOE; and required the BOE to conduct public meetings, provide access to public records, and allow taxpayers to view records containing their personal information. 151 Contribution Disclosure Statements —See Section 7. 160 Where to File California and Federal Investigative Complaints — California laws and regulations are administered and enforced by various state agencies. If you believe someone has violated a law, it is important to report the violation to the agency responsible for investigating the specific type of violation. This directory contains a partial listing of major state and federal agencies, provides each agency's contact information, and gives examples of the types of violations handled by each agency. 161 Criminal Citations Include a Civil Administrative Process — describes your responsibilities if you receive a criminal citation from the BOE. It also outlines the possible consequences of the citation. 165 Statewide Compliance and Outreach Program — describes the Statewide Compliance and Outreach Program and explains that BOE staff could be visiting your business to snake sure you have the proper permits and licenses, and that you understand your tax responsibilities. The program is intended to keep our tax system fair by making sure all business owners follow the law and pay the proper amount of tax due. January 2011 25 48 Property Tax Exemptions for Religious Organizations —A guide for organizations that wish to file for and receive a property tax exemption on qualifying church property, it provides basic, general information on the California property tax laws that apply to the exemption of property used for religious purposes. 149 Property Tax Welfare Exemption —A guide for organizations that wish to file for the Welfare Exemption from property tax, defines the Welfare Exemption and provides basic information on how the Welfare Exemption may apply to your organization. Section 10: Property Taxes 29 California Property Tax: An Overview —gives readers a general understanding of California's property tax system. This publication contains a brief history of Proposition 13, which has limited the assessment of property taxes since 1978. It then discusses the roles of the . BOE and the county assessors –key players, in property tax assessment –and explains which types of property are taxable and exempt. It discusses the annual process of preparing the property tax rolls, the procedures for appealing an assessment, and the process for collecting property taxes. It also provides background information on the Timber Yield Tax. 30 Residential Property Assessment Appeals —See Section 7. 48 Property Tax Exemptions for Religious Organizations —See Section 9. 58A How to Inspect and Correct Your Records —See Section 1. 86 California Timber Yield Tax — answers frequently asked questions including what is the timber yield tax, who is considered a "timber owner," and how the tax is paid. 87 Guide to the California Timber Yield Tax — describes the elements of the timber yield tax in more detail. It includes timber yield tax basics, explains how to file timber yield tax returns and keep records, and provides useful tax tips for timber owners. 149 Property Tax Welfare Exemption —See Section 9. The following list is the 67- Series publications. These publications contain instructions for those industries which are required to report information on state - assessed properties. 67- Series Instructions for Reporting State - Assessed Property 67EG Electric Generation Companies 67GE Gas, Electric and Gas Transmission Companies 67LE Telephone Companies —Local Exchange Carriers 67PL Intercounty Pipelines and Watercourses 67RC Telephone Companies —Radio Common Carriers 67RF Railroad Maintenance Facilities 67RR Railroad Companies 67TC Telecommunication Carriers 67TR Telecommunication Resellers (Short Form) 67WT Telephone Companies — Wireless 800 - 400 -7115 e• services www.boe.ca.gov Taking Advantage of Free Tax Products and Services The BOE offers a number of products and services intended to help California taxpayers such as small business owners, tax practitioners, and nonprofit organizations, with their tax obligations. Most of the information is free. This publication provides a listing of services, educational opportunities, training classes, and useful publications that are available to you. www.boe.ca.gov We want to make doing business with us as easy as possible. The BOE website is the best source of information about how, when, and where you can get the help that you need. The website is easy to use. Just log on to www.boe.ca.gov. You will immediately see multiple tabs at the top of the page as well as an area called Quick Links. Simply click on the item that interests you. If you cannot find something, type the words into the Search BOE box on the upper right side of the screen. The more you move and click around the website, the more familiar you will become with what it has to offer. For additional help, you will notice the words, Help Center, in the gray band appearing right under the Home tab. The Help Center gives additional tips about how to use the website. Among the website's options, you will find instructions about registering for a seller's permit, verify- ing a license, or making a payment on our website. You can locate information about small business fairs developed for new business owners as well as upcoming seminars designed for specific indus- tries or nonprofit organizations. You can click on quick links to learn about sales and use tax rates, frequently asked questions, and electronic services. Our extensive website also provides required forms, informative publications and reports, Board meeting agendas, and special features for taxpayers at the touch of a key. We also offer a Frequently Asked Questions link on the left side of the home screen. Clicking on that link will lead you to several topics of common interest. From general information to specific tax areas, you may be able to answer your question by a click of the mouse! We recommend that you visit our website frequently because we update it on a regular basis with new features, upcoming seminars, latest publications, and important news. Publication 347, BOE Publication CD -ROM The BOE Publication CD -ROM helps taxpayers to comply with the tax and fee laws. This CD -ROM contains tax and fee publications directing you, the taxpayer, through the entire process from starting your business through correctly filing returns, to your rights as a California taxpayer or feepayer. Taxpayer Information Section If you can't find the answer to your question on our website, call our Taxpayer Information Section. Customer service representatives are available weekdays from 8:00 a.m. to 5:00 p.m. (Pacific time), except state holidays, to assist you. You can also take advantage of the automated features of our Taxpayer Information Section's 24 -hour telephone toll -free system that includes a faxback service for selected forms and publications, record- ings of sales tax rates, and verification of permit numbers. The numbers for the Taxpayer Information Section are: Toll -free number: 800 - 400 -7115 TTY: 711 (for hearing and speech disabilities) 24 January 2011 January 2011 BOE Field Offices The BOE offers sales and use tax assistance through its Sacramento Headquarters and its 21 field offices located throughout the state. If you have specific questions about your sales and use tax account, please call your nearest field office. The addresses and telephone numbers for these offices are located on our website. You can avoid the wait on the telephone by making an appointment for an office visit. Appointments can be made up to three days in advance on our website. Just click on the Field Offices link and then click on Make an Appointment. BOE Electronic Updates It is easy to receive electronic updates from us to help keep you up -to -date on changes in the law and regulations, and to provide more information on specific taxes and fees. To subscribe to our email list or "list serve," simply click on the Sign Up for BOE Updates link on our website and fill in the blanks with your name and email address. By signing up for our list serve, you will receive important information each month. For example, you will receive a monthly email with links to: • Special Notices regarding tax rate changes • Important notices regarding the Electronic Waste Recycling Fee or other fees • The Tax Information Bulletin (TIB) and other newsletters (discussed below). Please note. This list serve does not include all the BOE information made available. Urgent commu- nications may also be sent through the list serve more frequently than every 30 days. You should also maintain your subscription to other BOE email information lists to ensure that you receive the most up -to -date information about specific programs and activities. eNews on List Serve Also available on our list serve, are five free newsletters that are distributed with tax returns, mailed to interested parties, and available for download from our website. These newsletters include articles on the application of tax law to specific types of transactions, and other articles of interest: • The TIB is a quarterly newsletter that includes sales and use tax information. • The Special Taxes and Fees Newsletter contains information about special tax and fee programs. • The Cigarette and Tobacco Products Newsletter is geared directly to the cigarette and tobacco products taxpayers and is published annually. • The Motor Carrier Office Newsletter includes information pertaining to motor carriers and the International Fuel Tax Agreement. It is also published annually. • The State Assesssee Newsletter contains information on the state assessee valuation process and is published annually in December. The following three newsletters are no longer published. Each has been combined into the Special Taxes and Fees Newsletter. However, back issues of each newsletter can be found on our website or by calling 800 - 400 -7115. • The Fuel Taxes Newsletter • The Environmental Fees Newsletter • The Excise Taxes Newsletter New Mobile Web Applications Continuing to expand its options for taxpayers to easily and conveniently obtain useful information from their mobile devices, the BOE created three new web applications. These applications are accessible from the BOE website and are tailored for mobile devices such as smart phones. 2 January 2011 81 Franchise and Personal Income Tax Appeals— describes the main steps to follow in the appeal process, if you disagree with an FTB decision about your liability for franchise or personal income taxes, or about your eligibility for a refund. The BOE's elected Board Members serve as the administrative appellate body for final actions of the FTB, and issue opinions and render decisions about California's franchise income tax laws. 142 California State Board of Equalization Hearings: An Introduction — provides answers to commonly asked questions about hearings before the elected Board Members. 142A California State Board of Equalization Appeals Conferences: An Introduction— answers the most frequently asked questions about appeals conferences such as what is an appeals conference, when and where it will be held, and what happens after the appeals conference has been held. 143 Your Appeal Hearing Before the Board Members — explains how to prepare for and participate in your hearing before the elected Board Members. It also explains how the Board Members decide appeals. It is more extensive than publication 142. 151 Contribution Disclosure Statements —If you are a party or a participant, or a representative (agent) for a party or participant, in a proceeding before the elected Board Members, you must file a contribution disclosure statement, even if you have never contributed finan- cially to a Board Member. This brochure gives an overview of what a contribution is, and why the contribution disclosure is so important. 310 Rules for Tax Appeals of the BOE —This comprehensive publication contains the regulations that apply to the tax appeal process. It is designed to address public concerns regarding its administrative and appellate review processes, and improve the relationship between taxpayers and feepayers and the BOE. Section 8: Use Tax 53A 10 Consumer Sales and Use Tax Questions —See Section 1. 53B 10 Sales and Use Tax Questions for the Business Person —See Section 1. 79 Documented Vessels and California Tax — Documented vessels are those registered with the U.S. Coast Guard or foreign governments. This brochure provides basic tax information for purchasers of documented vessels in a question- and - answer format. 79A Aircraft and California Tax — provides basic tax information for purchasers of aircraft for use in California in a question- and - answer format. 79B California Use Tax for Purchases made From Out -of -State Businesses —See Section 1. 110 California Use Tax Basics —See Section 6. 116 Sales and Use Tax Records —See Section 1. 123 California Businesses: How to Identify and Report California Use Tax Due —Our fact sheet helps you determine if you owe use tax on out -of -state purchases. Besides defining use tax, it explains when use tax is due, how it is paid, and if shipping and handling charges are taxable. 126 Mandatory Use Tax Registration for Service Enterprises —This publication explains what use tax is and when to pay it for service enterprises which meet certain criteria. 178 Voluntary Disclosure Program —See Section 1. Section 9: Nonprofit Organizations 18 Nonprofit Organizations — explains how sales and use tax generally applies to sales and purchases by nonprofit organizations. It provides basic information that can help you determine whether any of your organization's sales may qualify for sales tax exemptions or exclusions. January 2011 23 113 Coupons, Discounts and Rebates — describes the most common types of coupons and explains how tax applies to sales involving their use in simple, easy -to- understand terms. 114 Consignment Sales — answers the most commonly asked questions about the taxability of consignment sales in a question- and - answer format. 115 Tips, Gratuities, and Service Charges — provides basic information about when it is appropriate to apply sales tax to voluntary tips, mandatory tips, service charges, cover charges, and corkage charges. 116 Sales and Use Tax Records —See Section 1. 119 Warranties and Maintenance Agreements — explains how sales and use tax applies to charges for warranties or maintenance agreements (sometimes called "service plans "), and charges for repairs covered by such agreements. 121 Drop Shipments — explains the application of tax to drop shipment transactions. It also explains who owes the tax on a drop shipment and why. 177 Internet Auction Sales and Purchases — describes how sales and use tax applies to Internet sales in the same way as sales made at retail stores or other outlets, through sales representatives, over the telephone, or by mail order. Section 7: Relief, Refunds, Collections, Audits, and Appeals Tax Relief and Refunds 56 Offer in Compromise —See Section 4. 57 Innocent Spouse Relief from Sales and Use Tax —See Section 4. 58A How to Inspect and Correct Your Records —See Section 1. 117 Filing a Claim for Refund —See Section 4. Collections and Audits 53 Managed Audit Program — provides general information regarding the BOE Managed Audit Program. The program allows certain businesses to conduct a type of self -audit with instructions and guidance from one of our auditors. 54 Tax Collection Procedures — explains options for paying the amount you owe, and tax collection and enforcement actions the BOE can take if you do not pay your bill or make arrangements to pay. 75 Interest and Penalties —See Section 1. 76 Audits —The information in this publication explains what you should expect from an audit and how you can prepare to make it easier for you and the auditor. It also discusses how to appeal an audit if you disagree with the results. 147 What to Expect in a Computer- Assisted Audit — describes a computer- assisted audit. Businesses usually find this audit method less time - consuming and more convenient than a conventional audit. Among other things, it dramatically reduces the volume of paper documents required. Appeals 17 Appeal Procedures: Sales and Use Taxes and Special Taxes — provides general information about appeals procedures for sales and use taxes and special taxes and fees (fuel taxes, excise taxes, and environmental fees.) The entire appeal process is discussed from your decision to file an appeal to your appearance before the elected Board Members. 30 Residential Property Assessment Appeals —This guide for California property owners explains how to appeal the assessed value of residential properties. 800 - 400 -7115 e•services www.boe.ca.gov By clicking on the cell phone icon on our website, mobile users can find the closest BOE office, verify a permit, or find the sales and use tax rate. With one easy click you can find the office loca- tion on a map or give them a call. To verify a permit, simply type in the permit number and with a push of a button find out if the permit is valid. These web applications do not require taxpayers to download them to their phone; they simply provide free access to BOE information using the device's web browser. BOE has also developed a free iPhone application available for download from our website. Social Media As technology continues to expand, more and more people get their news from the Internet and social networking sites. The BOE now uses Twitter and YouTube to provide the most recent and useful news to businesses and taxpayers. You can follow the BOE at twitter.com/CA_BOE News to get alerts about rule changes, emergency relief for taxpayers, and other updates on sales and use taxes, special taxes and fees, and property taxes. On YouTube, you will watch educational seminars regarding property tax exemptions for nonprofit organizations, sales and use tax seminars, eFile demonstrations, as well as significant discussions from Board meetings. Publications including Translated Versions Many translated publications are created to answer your questions about your tax responsibilities and are available at no cost to you. They include general information, publications for specific types of businesses, compilation of applicable tax laws and regulations, newsletters, and other printed materials. Many commonly requested publications are available in Chinese, Korean, Spanish, and Vietnamese. You can find these publications under the Languages tab on our website. Accessibility Be assured that the BOE complies with the Americans with Disabilities Act (ADA) and provides equal public access to our services. Documents in alternative formats and other reasonable accommodations may be requested by disabled members of the public or their representatives from BOE's ADA Coordinator who can be reached by writing to: ADA Coordinator State Board of Equalization PO Box 942879 Sacramento, CA 94279 -0019 If you need accommodation under the ADA, you may contact your local BOE field office. Public Records The BOE is required to make certain public records available to everyone. In fact, the public records you want may already be on our website. We suggest that you check the website and, if you don't find what you need, you may contact us to see or get copies of public records. You will need to file a written request for public records that states the specific records you would like. Within ten days of the date that we receive your request, we will notify you whether we can legally share those records with you. If we can disclose the requested records, we will either provide you with the records, or give you an estimate as to when they will be ready. If the law prohibits us from disclosing certain records, we will send you a letter explaining the reason. If you need more information about obtaining public records from us, please contact our Disclosure Officer at 916- 445 -2918. 20 22 January 2011 January 2011 7 You can ask one of our customer service representatives to verify the permit number. Representatives are available weekdays from 8:00 a.m. to 5:00 p.m. (Pacific time), excluding state holidays. Cigarette Stamp Online Orders Licensed cigarette distributors can order cigarette stamps and check on the status of their orders online. To use this system, you must be a registered stamp purchaser and have a valid email account, user ID, and password. 800 -400 -7115 e•services www.boe.ca.gov 4 6 January 2011 January 2011 25 Auto Repair Garages and Service Stations —A general guide to how sales and use tax applies to the operations of vehicle repair garages and service stations, portions of this text are also useful for taxpayers who operate mini -marts selling fuel. In addition to addressing sales and use tax issues, this publication includes information on the Diesel Fuel Tax Law, the Use Fuel Tax Law, the Motor Vehicle Fuel Tax Law, the California Tire Fee Law, the Oil Recycling Fee Law, and the Underground Storage Tank Maintenance Fee Law. These taxes and fees may also apply to your business operations. 27 Drug Stores — designed for persons who are responsible for drug store sales and purchases, it provides information on the taxability of common drug store transactions, such as sales of prescription drugs and sales of magazines, beauty supplies, food products, and so forth. 31 Grocery Stores — designed for owners, managers, and other operators of grocery stores, it provides basic information on the application of sales and use tax to grocery store sales and purchases. This publication defines a "grocery store" as an establishment engaging in the sale of food products and related items as its principal line of business. The term also includes separate grocery departments in department stores but does not include delicatessens, country or general stores, and establishments that handle groceries as a sideline. 34 Motor Vehicle Dealers—As a motor vehicle dealer, you must generally report tax on your vehicle sales to the BOE. This publication provides information on the taxability of vehicle sales and of charges associated with those sales, such as charges for license fees and dealer - installed extras. Information is also provided in this publication on the tax impact of trade -ins, discounts, rebates, and factory- dealer incentives. It also discusses sales that are exempt from sales and use tax, vehicle leasing and rentals, and mobile transportation equipment. 35 Interior Designers and Decorators —Many charges made by interior designers and decorators are subject to sales tax. This publication explains how tax applies to charges for sales of merchandise, professional fees, labor, subcontracted work, and shipping and delivery. It also addresses how tax applies to work involving improvements to real property, such as residential and commercial buildings. 36 Veterinarians helps you to understand how sales and use tax applies to veterinary practices, including clinics, hospitals, or centers operated by veterinarians. In this publication, the term "veterinarian" is not limited to individuals, but also includes any firm, partnership, joint venture, association, limited liability company, corporation, syndicate, or any other group or combination acting as a unit to provide veterinary services. 38 Advertising Agencies discusses the rules that apply when advertising agencies purchase products and services on behalf of clients. It also helps advertising agencies determine when they are regarded as a retailer and how tax applies to their sales as retailers. 40 Watercraft Industry_A general guide to information useful to watercraft sellers, brokers, purchasers, and operators, it explains the watercraft principal use and functional use exemptions for watercraft. It contains information on the taxability of watercraft sales, methods of tax reporting and payment, and the respective tax reporting responsibilities of registered sellers, brokers, and buyers. It also contains information on sales of exempt watercraft. 45 Hospitals and Other Medical Facilities discusses the taxability of charges for medicines, other medical products and services, and food. The guidelines discussed in this publication are useful for all hospitals, and medical facilities regardless of ownership, except those operated by the federal government. It may also be useful to medical supply companies and other members of the medical care industry. www.boe.ca.gov e•services 800 - 400 -7115 152 Cigarette and Tobacco Product Inspections —gives an overview of the routine inspection process authorized by state laws that control the sale of cigarette and tobacco products in California. 403 New California Counterfeit - Resistant Cigarette Tax Stamp —shows the new counterfeit - resistant cigarette tax stamp implemented in January 2005 and explains why it was created. 407 Master Settlement Agreement— explains why the BOE performs the cigarette and tobacco product inspections, how BOE inspectors verify your inventory, and what law established the inspections. 429 Flavored Cigarettes Banned in the United States — provides information about flavored cigarettes and roll - your -own tobacco that are banned from manufacture, import or sale in the United States. It also explains the importance of the California Tobacco Directory that lists the flavored cigarettes and roll - your -own tobacco brands from manufacturers that have timely and accurately met certification requirements. Motor Carrier Office 12 California Use Fuel Tax: A Guide for Vendors and Users —helps you understand California's use fuel tax. It is an introduction to the use fuel tax and covers the kinds of fuel subject to the tax, the tax rates, and those persons responsible for collecting or paying the tax. 50 Guide to the International Fuel Tax Agreement —IFTA is an agreement among the states and the provinces in Canada that simplifies fuel use tax reporting by motor carriers that travel both inside and outside California. This guide explains your responsibilities as an IFTA licensee. It addresses California's IFTA licensing procedures, license and decal fees, security requirements, IFTA credentials, license renewals, cancellations, revocations, and licensing requirements for leased vehicles. 50A Introduction to the International Fuel Tax Agreement —An abbreviated version of publication 50, this publication defines IFTA and answers the frequently asked questions about IFTA. 84 Do You Need a California Fuel Permit or License? —gives a brief overview about California fuel permits for diesel - powered vehicles used in interstate commerce and vehicles powered by liquefied petroleum gas (LPG), liquefied natural gas (LNG), compressed natural gas (CNG), or certain alcohol fuels. 172 IFTA eFile Guide —See Section 2. Section 6: Helpful Publications by Business Type and Needs Business Type 9 Construction and Building Contractors —helps you understand how sales and use tax applies to construction and building contractors. 22 Dining and Beverage Industry —helps you understand how sales and use tax applies to businesses that sell meals or alcoholic beverages, or both –such as bars, delicatessens, restaurants, and catering operations. It also contains information on how tax applies to complimentary food and beverages provided to guests at lodging facilities. 24 Liquor Stores —helps you understand how sales and use tax strictly applies to liquor stores and uses examples to explain what are taxable and nontaxable sales. It is not designed to apply to grocery stores, drug stores, department stores having liquor departments, or bars having off -sale licenses. These businesses are covered in separate publications. 18 January 2011 800 - 400 -7115 e•servuces www.boe.ca.gov Benefiting from Free Seminars, Classes, and Videos Keeping up with changing tax laws can be a challenge for any business. We offer a variety of training and assistance to help you stay informed. Seminars Business Tax Days or Fairs Each year, the BOE, the Employment Development Department (EDD), the Franchise Tax Board (FTB), the Internal Revenue Service (IRS), and local government agencies participate in several free, all -day, educational conferences for business owners. At the seminar, you can obtain publication 347, BOE Publication CD -ROM, selected publications, and answers to your questions at our information booths in the exposition area. You can also take classes given by our tax experts. We announce the events by sending emails, mailing invitations to area businesses, displaying posters, and distributing flyers in public places (including libraries and government offices), and advertising in the local print and broadcast media. Event information is also available on our website. Click on the quick link, Meetings & Seminars, and then Free In- Person Seminars/Worksbops. Industry Seminars We provide periodic industry- specific seminars at no charge to help particular kinds of businesses better understand how to apply the law. Before the seminars are held, we meet with representatives of the industry group to determine the best ways to help businesses and to resolve areas of confusion. If you are a registered taxpayer, we'll let you know when a seminar is scheduled for your industry group. You can also check on our website by clicking on the quick link, Meetings & Seminars, and then Free In- Person Seminars /Workshops. eFile and eServices Workshops The BOE, in partnership with the EDD, the FTB, and the IRS, conducts free eFile and eServices workshops held at locations throughout the state. These workshops provide the opportunity for attendees to learn about mandatory eFile compliance procedures. They also showcase individual and business eFile and eServices programs for tax professionals and taxpayers. Tax experts from various agencies are available to answer questions and assist participants. Local vendors also demonstrate the latest eFile software. Continuing Education (CE) credits are offered to those who attend the workshops. To see the current schedule, click on the quick link, Meetings & Seminars, and then Free In- Person Seminars/Workshops. Nonprofit Educational Seminars In a collaborative effort focused on meeting the unique tax education needs of the state's nonprofit sector, we conduct free full -day, multi- agency nonprofit seminars for nonprofit and exempt organization participants throughout California. These events bring together BOE legal, sales and use tax, and property tax experts as well as representatives of the EDD, the FTB, the IRS, and the Attorney General's Office (AGO). Participants are able to attend presentations and receive individualized tax advice. Continuing Education Credits (CE) are offered to those who attend the workshop. Classes Basic Sales and Use Tax Classes Owning a business can be complicated. To help navigate the process, the BOE offers classes that take you through the tax basics of owning and operating a business. The instructor -led classes teach participants how to prepare and file a sales and use tax return, support and report exempt sales, use a resale certificate, determine what is taxable and nontaxable labor, and maintain adequate records. You can register online for these classes by clicking on the quick link, Meetings & Seminars, then Free In- Person Seminars/Worksbops, and then Sales and Use Tax. Finally, click on the drop -down menu January 2011 7 called Course Title to find Basic Sales and Use Classes. The schedule on the web gives the date, time, place, and language of each of the classes. Select the course title that most interests you and click on the Submit button. The roster of classes under that topic will appear with up -to -date information including parking availability. Currently, classes are scheduled in English, Spanish, and Chinese (Cantonese and Mandarin). Sales and Use Tax Return Preparation Classes Completing a sales and use tax return can be challenging, especially for new businesses. To help you complete your return correctly, some of our field offices offer free tax return preparation classes. They are held each quarter before the quarterly return due date. Some offices offer classes in Spanish. Again, simply select Tax Return Preparation Class under the Course Title list and then click on the Submit button for an up -to -date roster of available classes. Virtual Seminars We offer Online Seminars designed to give you access to the information that is presented at the various live BOE seminars. Here you can learn in -depth about a variety of topics that may affect your business or organization on your own time and at your own pace. Seminars for Nonprofit and Faith -Based Organizations The online Nonprofit Seminar material covering the information presented at the live BOE seminars for nonprofit and faith -based organizations.. Much of this information is also presented in other languages. To locate this information, simply click on the quick link, Meetings & Seminars, and then click on the Online Seminars selection to find the Nonprofit Seminar material. Topics include: • Property Tax Exemptions for Nonprofit Organizations • Sales and Use Tax for Nonprofit Organizations • Sales and Use Tax Publication List for Nonprofit Organizations • Publication List and Resource Links to various government agencies and organizations that support nonprofit organizations Small Business Owner Presentations Our Business Owner webpages give you access to the information that is presented at the BOE's live Small Business Fairs. In addition, much of this information is also presented in other languages. Whether you are planning to start a new business or grow an existing one, you will find useful . information here. To locate this page, simply click on the quick link, Meetings & Seminars, and then click on Online Seminars to find the Business Owners box. Topics include: • Introduction to Sales and Use Tax • How to Avoid Common Sales and Use Tax Problems • Sales and Use Tax Publication Lists for Small Businesses • Publication Lists and Resource Links to various government agencies and organizations that support small businesses Online Classes —Basic Sales & Use Tax As an alternative to attending an instructor -led class, you can see our online presentations, which provide the same sales and use tax information in a self -paced environment. Just visit our website and click on the quick link, Meetings & Seminars, and then click on the Online Seminars link. Scroll down to the Basic Sales & Use Tax box, and choose either one of the presentations listed. In addition, much of this information is also presented in other languages. 800 - 400 -7115 (•services www.boe.ca.gov Section 5: Special Taxes and Fees Alcoholic Beverage, eWaste, Emergency Telephone Surcharge, Environmental Fee, and Fuels 39A Emergency Telephone Users (911) Surcharge — provides basic information to taxpayers about the Emergency Telephone Users Surcharge Program. It covers who must register, what the tax rate is, when payments are due, and how the revenues are used. 88 Underground Storage Tank Fee — provides general information about the fee associated with owning an underground storage tank in California and using it to store petroleum products. 90 Environmental Fee — provides basic information about the Environmental Fee for hazardous materials including what the fee is, what industry groups are affected, which businesses and organizations must file returns and pay the fees, and how and when the fees are due. 91 California Tire Fee — provides a summary of the California Tire Fee and answers basic questions from what the tire fee is through how to pay it. 92 Alcoholic Beverage Tax — Written as a summary for sellers, manufacturers, and importers of alcoholic beverages, this publication answers the frequently asked questions about the alcoholic beverage tax including what it is, who owes it, and what is the tax rate. 94 Occupational Lead Poisoning Prevention Fee — explains the basic elements of this fee. It covers what the fee is, who pays the fee, how payments are made, and when waivers apply. 95 Electronic Waste Recycling Fee —gives a basic overview of the fee from what is taxable, to who must pay the fee. 96 Biodiesel and California Tax — explains how California fuel and sales taxes apply to the production, sales, use, and importation of biodiesel and other biofuels. 167 Straight Vegetable Oil (SVO) —Waste Vegetable Oil (WVO) Biodiesel Outreach — notifies you that the California Road Tax applies to you if you have modified your vehicle to run on SVO or WVO. 168 Waste Vegetable Oil (WVO)— notifies you that the California Road Tax applies to you if you use WVO to produce biodiesel fuel. 412 Introduction to Environmental Fee Programs— provides California businesses and organizations with a general overview of the environmental fee programs administered in partnership with other state agencies. 413 Environmental Fee Programs at a Glance— provides California businesses or organizations with a short overview about the environmental fee programs administered in partnership with other state agencies. Cigarette and Tobacco Products Taxes 63 California Distributor Licensing and Tax Stamp Guide — Written for California cigarette distributors, this guide provides information on how to purchase California cigarette tax stamps. It also includes some general information on cigarette and tobacco product taxes and how to become a licensed cigarette distributor. 78 Sales of Cigarettes and Tobacco Products in California- License Requirements for Retailers_ is an overview of the license requirements for those who make retail sales of cigarettes and tobacco products in California. It answers the most frequently asked questions such as who needs a license, how to apply for a license, what a license costs, and what enforcement measures are taken for noncompliance. 93 Cigarette and Tobacco Products Taxes — provides basic information about two types of excise taxes -the cigarette tax and the cigarette and tobacco products surtax. It describes what is covered by which tax and who is required to register. 8 January 2011 January 2011 17 www.boe.ca.gov e•servrces 800- 400 -7115 Section 2: File Your Return 89ST EFT Quick Reference Guide /Special Taxes — offers an overview of Electronic Funds Transfer (EFT) information for Special Taxes accounts. 159 eFile Guide — explains the benefits of efiling, gives an overview of our BOE -file system, and specifies how to register and file your return and payment. 159CCG Credit Card Payment Guide — explains the easy, convenient, and secure method to pay taxes and fees by credit card over the Internet, at BOE offices, or over the telephone. 159EFT eFile Guide for EFT Accounts — outlines why BOE -file is the easiest and fastest way to file your return and make your EFT payment in one easy and paperless transaction. 172 IFTA eFile Guide— explains the benefits of efiling, gives an overview of our BOE -file system, and specifies how to register and file your return and payment for International Fuel Tax Agreement (IFTA) clients. 44 District Taxes —See Section 1. 61 Sales and Use Taxes: Exemptions and Exclusions —See Section 1. 71 California City and County Sales and Use Tax Rates —See Section 1. 73 Your California Seller's Permit —See Section 1. 75 Interest and Penalties — explains when interest and penalty charges apply and how they are calculated. Information is also provided on situations where interest and penalty charges can be waived. 82 Prepaid Sales Tax and Sales of Fuel— covers the requirements for collecting a prepayment of sales tax on fuel and should be of particular interest to wholesalers and suppliers of fuels. 103 Sales for Resale —See Section 1. 116 Sales and Use Tax Records —See Section 1. Section 3: Tax Rates 44 District Taxes —See Section 1. 71 California City and County Sales and Use Tax Rates —See Section 1. 105 District Taxes and Delivered Sales —See Section 1. Section 4: Close Your Business 56 Offer in Compromise— explains the BOE Offer in Compromise Program for individuals and businesses that cannot pay the full tax or fee balance they owe. 57 Innocent Spouse Relief from Sales and Use Tax — outlines when innocent spouse relief from sales and use taxes is available to persons who are divorced or separated. 58A How to Inspect and Correct Your Records —See Section 1. 74 Closing Out Your Seller's Permit— explains when and how to close out your seller's permit with the BOE. 116 Sales and Use Tax Records —See Section 1. 117 Filing a Claim for Refund — explains how to file a claim and establish that you are entitled to a tax refund. 16 January 2011 800 - 400 -7115 e•servrces www.boe.ca.gov More Online Videos The BOE has also developed a number of other videos to help you be more informed about other BOE programs. eFile Introduction and Registration Watch the eFile Video Tutorial to learn how to register as an eClient and file a sales and use tax return over the Internet. The video provides helpful hints while demonstrating efiling a return. You will find the link to the videos on the eFile Sales & Use Tax page under the eServices tab on our website. The eFile Video is also available in Spanish. eFile Demonstration The eFile Demonstration provides hints and reminders as it instructs you how to properly complete the return. The demo is also available in Spanish. eFile Use Tax Video This tutorial is a helpful, step -by -step video that explains how to complete the use tax return. Specific to use tax, the video provides you with the basic information you will need to successfully finish the use tax return. A Spanish version is also available. An Important Message from the Taxpayers' Rights Advocate Office This three- minute video explains what services are available to you once you have exhausted all other avenues and have not been able to resolve your tax or fee problem. It gives you contact information and resources where you can find out more about your rights as a taxpayer. Cigarette and Tobacco Retail Sales This presentation informs retailers about licensing, inspections and invoices, seizures, citations and violations, penalties and fines, suspended and revoked licenses as well as appeals. Your Appeal Hearing To assist taxpayers with appeals, the BOE created an online video for those who plan to represent themselves during their hearings before the elected Board Members. This video, which is less than ten minutes long, is a quick resource rather than a lengthy overview. Its purpose is to assist taxpayers new to the appeal and hearing process. The video will help you understand how to prepare for the hearing and make sure your voice is heard. It offers a breakdown of BOE literature provided to appellants, explains the hearing schedule, and directs taxpayers to other helpful BOE resources. In addition, the video includes informal advice, such as visual guides to using the microphone and information on how to make the best use of the time provided in the hearing. You may also download publication 143, Your Appeal Hearing before the Board Members, which is the companion piece to the video. Your Property Tax Assessment Appeal This video was specifically designed to assist property taxpayers planning to appeal their residential property assessment. This 25- minute video covers the application process and hearing details, defines terms, and discusses basic appraisal techniques. It also explains what exactly can be appealed and outlines the timing of the appeal application process. You may also download publication 30, Residential Property Assessment Appeals, that contains more detailed information. January 2011 9 www.boe.ca.gov e•servrces 800 - 400 -7115 Using Free BOE Resources and Assistance Programs The BOE is committed to helping all California businesses and individuals properly comply with the state's complex and changing tax laws. The agency offers a full range of services tailored to the diverse needs of the state's businesses —from 24 -hour electronic services to personal assistance with tax compliance questions. Written Tax Advice If you have specific or complex questions regarding how tax applies to business transactions, you may mail us a written request for clarification. Please send your request to the BOE office that handles your account. You can find a list of field offices on our website. Be sure to identify yourself (or, if you're writing for someone else, identify that person), include your account or permit number, and fully describe the facts and circumstances of the transaction in your request. Our staff will mail you a written response. If we later determine that our written advice regarding a transaction was incorrect, you may be relieved of certain taxes, penalties, and interest under specific circumstances. Interpreter Services Throughout the state, our bilingual staff provides services to taxpayers who need help in other languages. Assistance is available through our Taxpayer Information Section, as well as our field offices. We also provide interpreter services for Board hearings. You can make arrangements with the Board Proceedings Division before your hearing by calling 916 - 322 -2270. Frequently Asked Questions The BOE has a comprehensive Frequently Asked Questions link on our website that covers a variety of topics such as eFiling, appeal procedures for sales and use tax, changes in property tax ownership, and seller's permits. From general information to specific tax areas, you may be able to answer your question by the click of a mouse! Translated Information Our website contains a wealth of translated information. There are pages specifically designed for those who need information in Spanish, Chinese, Korean, and Vietnamese. These pages contain links to translated publications, forms, seminars, PowerPoint courses, and other helpful information. We translate many of our most popular English publications into these four languages. In addition, we have at least one publication in 23 different languages. All of our publications are easy to download from our website. For the latest on translated information, visit our website or call 800 - 400 -7115. Taxpayer Information Section You can receive customized assistance from our Taxpayer Information Section. Our customer service representatives are available to assist you with general tax questions weekdays from 8:00 a.m. to 5:00 p.m. (Pacific time), except state holidays. You can also take advantage of the automated features of our Taxpayer Information Section's 24 -hour telephone toll -free system that includes a faxback service for selected forms and publications, record- ings of sales tax rates, and verification of permit numbers. Taxpayers' Rights Advocate If you have been unable to resolve a problem through normal channels (for example, by speaking to a supervisor) or if you would like to know more about your rights under the law, please contact the Taxpayers' Rights Advocate for help. 10 January 2011 800- 400 -7115 e•servrces www.boe.ca.gov Helpful Publications 42 Resale Certificate Tips — explains when to use a resale certificate. It includes a table that lists the type of businesses, the types of products each category of business may purchase for resale, and the types of taxable products each category of business may purchase. 44 District Taxes —is a guide to the application of district tax to your sales and purchases. This resource begins by explaining what a "district" is, what "district taxes" are, and who is responsible for paying them. It then continues to cover the specific application of district tax to various types of transactions including sales across district lines. 53B 10 Sales and Use Tax Questions for the Business Person— answers the ten most common sales and use tax questions asked by a business person. 58A How to Inspect and Correct Your Records— provides information to help individuals who wish to gain access to or correct personal information about themselves in BOE records as permitted by the Information Practices Act. 61 Sales and Use Taxes: Exemptions and Exclusions— contains two comprehensive listings of the exemptions and exclusions from California sales and use taxes. The first list is organized by category; the second is alphabetical. Both lists give a general description of the exemptions and exclusions. 71 California City and County Sales and Use Tax Rates —lists all the city and county tax rates in alphabetical order. 103 Sales for Resale— breaks down the complicated matter of sales. for resale into easy -to- understand terms. The publication explains what information should be provided on a resale certificate, when a resale certificate should be accepted, and how a seller's permit number on a resale certificate can be verified. 105 District Taxes and Delivered Sales— covers the basic rules of applying district tax to sales of merchandise delivered in California. 109 Internet Sales— explains when your Internet sales are subject to California sales and use taxes. 116 Sales and Use Tax Records— describes the general sales and use tax recordkeeping requirements for most businesses. Out -of -State Sellers 53A 10 Consumer- Sales and Use Tax Questions— answers the ten most common sales and use tax questions asked by consumers. 77 Out -of -State Sellers: Do You Need to Register with California? —gives an overview of the registration requirements for out -of -state retailers who are also engaged in business in California. 79B California Use Tax for Purchases made from Out -of -State Businesses— explains what use tax is and when to pay it. It also contains the BOE- 401 -DS, Use Tax Return, and instructions for completing it. 101 Sales Delivered Outside of California— explains when California sales tax applies and does not apply to merchandise delivered outside of the state. 104 Sales to Residents of Other Countries —helps you to determine how tax applies when you sell an item to a resident of another country. 178 Voluntary. Disclosure Program— discusses the two voluntary disclosure programs for reporting use tax, the In -State Voluntary Disclosure Program for purchases bought from a retailer outside the state, and the Out -of -State Voluntary Disclosure Program for sales to consumers in California. January 2011 15 Obtaining Free Publications We have a number of publications available to answer your tax and fee questions. They include general information, publications for specific types of business activities, tax and fee laws, and other printed materials. Many publications are also available in other languages. Ordering Publications You can obtain publications by: • Visiting our website at www.boe.ca.gov and accessing the publications you need. • Requesting publication 347, BOE Publication CD -ROM, on our online ordering system, on our website. • Calling our toll -free number, 800 - 400 -7115 and requesting that we mail you a copy of the publication you need (leave a message at any time or talk to a representative during normal business hours) or by using our automated faxback service, available 24 hours a day. • Visiting your nearest BOE field office. Please call first to make sure the item you need is in stock. About Edition Dates Publications are shown with the most recent revision date. (The revision date for non - English publications may be different than the English version.) Law pamphlets, which contain statutes and legislative history, are generally revised once a year. We revise our other publications periodically. If you want to snake sure you have the most recent edition, please call our toll -free number for assistance. Using Publication 347, BOE Publication CD -ROM The BOE Publication CD -ROM helps taxpayers to comply with the tax laws and may be used with this resource guide. The CD -ROM provides tax publications guiding you, the taxpayer, through the entire process from starting your business through correctly filing returns as well as your rights as a California taxpayer. It is divided into the following twelve sections: Section 1: Start Your Business 51 Board of Equalization Resource Guide to Free Tax Products and Services for Small Businesses— provides a listing of all the free products and services (including eFiling) the BOE provides to taxpayers. You can find descriptions of helpful publications as well as educational classes and seminars that are available as resources while doing business in California. 73 Your California Seller's Permit — contains useful information for small business owners about why, how, and when to obtain a seller's permit and includes information on applying taxes to sales, reporting taxes in general, using eServices, and keeping records. It also explains the use of a resale certificate and discusses procedures for buying, selling, or discontinuing a business. 107 Do You Need a California Seller's Permit ? — provides concise information about the reasons and requirements for obtaining a seller's permit and also explains the difference between a seller's permit and a resale certificate. 170 Striking Gold in California —This is a collaborative publication written by the BOE, EDD, FTB, and IRS, that has helpful information about how taxes apply to small businesses, identifies all of the relevant federal and state tax agencies, and provides contact information for the various state and federal tax agencies. 14 January 2011 You may write to: Taxpayers' Rights Advocate MIC:70 State Board of Equalization PO Box 942879 Sacramento, CA 94279 -0070 Or call toll -free: 888 - 324 -2798, or fax: 916- 323 -3319. Tax Appeals Assistance Program Taxpayers and others with appeals before the Board Members are able to seek free legal assistance through the BOE's Tax Appeals Assistance Program, which is overseen by the Taxpayers' Rights Advocate. Qualified law students, who are supervised by BOE tax attorneys, advise individuals (appellants) with pending appeals before the Board, research and draft appeal briefs, and handle other matters on behalf of the appellant. Assistance is offered to qualifying appellants with state income tax appeals and consumer use tax appeals for which a decision by the Board of Equalization has been requested. Other areas of tax law appeals may be added to the program in the future. To seek assistance through the Tax Appeals Assistance Program, please call the Program Coordinator in the Taxpayers' Rights Advocate Office at 916- 319 -9199. Taxpayer Educational Consultation Program The BOE offers individualized tax education and assistance to new taxpayers during their first year of business through the Taxpayer Educational Consultation Program. Experienced BOE auditors perform the consultations. During your consultation, the auditor discusses business operations and keeping records with you and reviews a few sample transactions in your records. The auditor also explains the application of taxes that apply to your operations and potential problem areas that may affect the proper reporting of the taxes. Taxpayers must meet certain requirements to participate in the program. To see if you qualify, contact your nearest BOE field office. Speakers Bureau As one of our outreach programs, we provide speakers at programs for professional societies, industry and trade groups, governmental organizations, and local schools statewide in order to educate taxpayers about their rights and responsibilities. We also provide speakers for seminars for business owners in other languages such as Chinese, Spanish, Thai, and Vietnamese. If you are interested in securing a speaker for your event, you may contact our Outreach Services Division at 916- 445 -6188 or your local BOE field office. Mexican Merchant Resale Verification To verify the validity of Mexican merchant identification cards or resale certificates, please call our San Diego office at 619 -525 -4526, or contact your local BOE field office. Emergency Relief Information The BOE frequently offers emergency tax relief to businesses affected by Governor- declared emergencies including fires, floods, and earthquakes. For example, victims of Governor - declared emergencies may be allowed more time to file tax returns, receive relief from interest, receive property tax deferments or adjustments, obtain refunds of taxes paid on damaged cigarettes and alcoholic beverages, and receive assistance in reconstructing financial records. We work closely with the media and the California Emergency Management Agency (CaIEMA) to let you know what types of relief are available. You may also contact our Taxpayer Information Section and our BOE field offices for information. January 2011 11 www.boe.ca.gov 800 - 400 -7115 Special Notices We issue special notices to provide information regarding changes in the tax or fee law or to clarify areas of the law that are frequently misunderstood. The notices are mailed to affected groups or, when there are broad changes in the law, to everyone who pays the affected tax or fee. We also send notices explaining law changes to local governments, and notices of special events and seminars to taxpayers. You can subscribe to receive special notes electronically through our online, Sign Up for BOE Updates service on the website. You can also access past notices by clicking the quick link, News, Notices, & Reports on our website, then selecting Special Notices. VIP Suggestions Each of our office locations has a VIP suggestion box and customer service survey forms for your use. We appreciate your comments and suggestions and use them to help improve our programs and services. Audit Surveys Following a sales and use tax audit, taxpayers are encouraged to provide their comments by completing an audit survey form. The surveys provide valuable information on the effectiveness of the BOE's audit program and help the BOE improve procedures to better serve the business community and taxpayers. An online audit survey is also available for audits of special taxes and fee accounts. The survey can be found on our website under the Taxes & Fees tab and then by selecting one of our programs. Customer Service Surveys BOE -173, How Are We Doing? is another valuable BOE survey. This survey contains questions relating to BOE's customer service and is made available in each BOE office. It is also included in mail -in registration packets and mailed with taxpayer correspondence. The survey is located online on our website under the Contact Us tab. An online customer service survey is available for audits of special taxes and fee accounts. The survey can be found on our website under the Taxes & Fees tab and then by selecting one of our programs. 12 January 2011 800 - 400 -7115 eiser—yices www.boe.ca.gov t 7 ,o.woo.FO . Communicating with the Board Members The Board's five members serve concurrent four -year terms as the nation's only elected tax commission. Their popular election ensures that the BOE's tax program administration remains directly accountable to the people. Four members are elected by district. The fifth member, the State Controller, is elected at large and serves in an ex officio capacity. Board Member Homepages Each of our Board Members maintains a homepage on our website where you can learn more about each official. There you will find more information about your specific Board Member, your district, upcoming educational opportunities, and ways to contact the Member. Public Meetings If you attend a public BOE meeting, you will have the opportunity to observe our elected Board Members as they carry out their official duties. You may also participate in public hearings and comment on proposed regulations before they are adopted. Our meetings are held throughout the year, usually two to three weeks apart. The Board meets monthly primarily in Sacramento and, as necessary, in other locations throughout California, such as Culver City. Taxpayers' Bill of Rights Hearings The BOE holds annual Taxpayers' Bill of Rights hearings in Sacramento and Culver City. During the hearings, the Board Members listen to the public's suggestions, comments, and concerns. The BOE conducts separate Taxpayers' Bill of Rights hearings regarding business taxes and property taxes. At the business taxes hearings, you can comment on the administration of sales and use taxes, environmental fees, fuel taxes, and excise taxes. At the property taxes hearings, you can comment on state and local property tax administration. The hearings are announced in the BOE's tax newsletters, noticed on the BOE's website, and advertised on flyers and posters, which are distributed and displayed in public places, including libraries and government offices. To be placed on a hearing notification list, please contact the Taxpayers' Rights Advocate at 888 - 324 -2798. January 2011 13 REDLlNE CITY OF ROHNERT PARK CO-SPONSORSHIP AND FEE WAIVER POLICY INTRODUCTION: The City of Rohnert Park routinely receives requests from non-profit organizations and service clubs, and others to co-sponsor various activities, or to waive temporary use permit fees and/or rental fees for the use of City facilities, Examples of these activities include public music performances, art exhibitions, sporting events, sales of food or merchandise, walk-a-thons, tele-a-thons, raffles, and auctions, Recognizing the value of partnering with other agencies and organizations to provide additional services of benefit to the community, while still upholding its fiscal responsibilities, the City has established the following policy to direct when fees may be waived or co-sponsorships approved, POLICY: Fees may be waived, or co-sponsorships approved, by the City Manager or his/her designee, based on his/her determination that the program or event: 1) is of significant value to the community or to a significant portion of its residents, and 2) is within the scope of services normally provided by the City. Before granting approval, the City Manager or designee will also consider factors including but not limited to: benefit to the applicant, proposed event location and time of day, impact on the surrounding neighborhood, and monetary cost to the public, While individuals, organizations, and agencies and private enterprises may qualify for fee waivers or co-sponsorships based on meeting this policy's criteria, the City does not guarantee all requests will be accommodated. The City Manager (or his/her , designee) may determine not to provide support, due to lack of adequate funds or other resources, or when the request represents a conflict of interest or is not in the best interest of the City. Fee waivers and co-sponsorships granted may not exceed $1,000 in total cash/in- kind value for an entire activity or project, with the exception of the Project Graduation event, for which additional funding may be granted at the discretion of the City Manager. Activities specifically prohibited from City co-sponsorship or waiver of fees include those that: enhance private businesses; are held on behalf of, in support of, or in opposition to any political candidate or ballot measure or advocate a political position; advocate or promote the sale or use of tobacco, alcohol, controlled substances, firearms or other weapons; promote adult-oriented businesses or include pornography; or that solicit criminal activity. Religious organizations, companies or groups may obtain fee waivers or co-sponsorships if the proposed program, event or project neither promotes religious messages 'nor advocates for or promotes religious beliefs. The City's co-sponsorship or financial support of events or programs is not intended to create public forums of general speech and/or public expression, except as provided by law, To the extent any event, site, project or program is designed for a specific purpose or public message, such event, site, project or program shall remain a non-public forum subject to the City's exclusive use and control. All resources to be provided by the City in co-sponsorship of an event or program shall be within current funding allocations, and expenditures shall not result in a reduction of other City services. If the Facility Use Fee schedule approved intermittently by City Council includes reduced fees for use of facilities by certain types of organizations, such organizations shall not be entitled to a fee waiver under this Policy for such previously approved use. Fee waivers may be reflected in reduced r~venue totals at fiscal year end, The City reserves the right to access all activities at any time to ensure all rules, regulations, conditions of use, City and health and safety laws are not violated, Co- sponsorships and fee waivers can be revoked at any time, effective immediately, if the recipient agency or organization fails to comply with this policy or any other local, State or Federal regulation. Those seeking fee waivers or co-sponsorships must qualify under one of the following three two categories: 1. Government Fees may be waived or co-sponsorships approved when the applicant is a government agency whose proposed use is consistent with the performance of its normal business functions. 2. Financial Hardship Fees may be waived or co-sponsorships approved for a non-profit or community service organization meeting all the following criteria: A. The organization is a valid non-profit or community service organization based within the City of Rohnert Park or surrounding communities (may be required to provide IRS documentation of non-profit status). B. The imposition of fees or absence of co-sponsorship would create a financial hardship on the organization or would have a detrimental effect on the services provided to the public. C. The event or program will be open to the public and is in compliance with the City's non-discrimination policy and all other applicable City policies. D. The proposed event or program shall not have a significant impact on existing or future City facilities or other City activities, and any minor impacts shall be mitigated by the applicant or its volunteers. If such impacts cannot be mitigated, the public benefit provided by the event or program must outweigh the impacts created, 3. Private Enterprise Fees may be 'Naived or co sponsorships granted for an event, program or project proposed by an individual or business if all the following criteria are met: A. Neither the applicant nor any other individual will profit financially from the event, program or prO;ject. B. The event, program or project is within the scope of services provided by the City. C. The event or program is open to the public and is in compliance with the City's non discrimination policy and all other applicable City policies. E. The proposed event or program shall not haye a significant impact on existing or future City facilities or other City activities, and any minor impacts shall be mitigated by the applicant or its yolunteers. If such impacts cannotbe mitigated, the public benefit provided by the event or program must outweigh the impacts created. The following applies to all events, programs and projects designated as co- sponsorships or for which fees have been waived: A. Use of facilities for programs and events is subject to facility availability, based on: prior reservations, Council Chamber' use as governed by Section IX of the City Council Protocols, or urgent need by the City (as determined by the City Manager). Preference will be given to those activities conducted directly by the City. B. All agencies or organizations requesting use of City facilities must complete a Facility Use Application and Agreement. The City Manager may, at his or her discretion, place conditions on the use to minimize impacts to facilities or costs to the City, or to restore facilities to pre-event condition. C, Applicants may be required to purchase Special Event Insurance providing for general liability up to $2,000,000 (two million dollars) per occurrence, and a hold harmless agreement. The per-occurrence amount and insurance fee shall be determined and paid at the time application is made. D. A refundable security deposit may be required. Deposit amounts are set to ensure proper clean-up and cover the City's costs for remediation of any damage or loss, If the full deposit is not received by the specified date, the facility request shall be cancelled and approval withdrawn. E. Applicants utilizing facilities, shall comply with, all requirements normally applicable to use of City facilities. Applicants are required to check with staff to assure all conditions of the facility use permit have been met, based on standards established by the City, Deposits will be refunded within four (4) to six (6) weeks of the event or activity, if standards have been met. F, Applicants shall secure any necessary additional permits, e.g., from the County Health Department for food sales, and alcohol use permits. . G. Appropriate recognition of the City of Rohnert Park as co-sponsor of or contributor to the event or program will be provided on all promotional materials and at the event or program, Promotional materials, the event/program schedule, location and activities must be approved in advance by the City Manager or his/her designee, H. When conducting fundraising events or programs, applicants must provide financial statements detailing funds raised and distributed, within thirty (30) days following the event or program, I. Applicants are responsible for payment of the full cost of materials, labor, replacement, repairs, or damages related to the event, project or program, regardless of the amount. If damage occurs and the completed remediation costs the City less than the amount of the deposit, the difference shall be refunded. Upon agreeing to co-sponsor or waive fees for an event, program or project, the City may provide some or all of the following, on a case-by-case basis: 1, City staff assistance with planning, organizing, and/or conducting of the activity; 2, Use of the City's name, logo, or other imagery on promotional materials; 3. Use of City resources including equipment and supplies; 4. Assistance with the promotion of the activity via the City's website, Rohnert Park Cable Television, Focus, Recreation Activity Guide, emaillists or other sources; 5. Display space for promotional materials at City facilities. Applicants denied a fee waiver or co-sponsorship may deliver a written appeal for consideration by the City Manager, no later than thirty (30) days prior to the proposed event or program. The decision then made by the City Manager shall be final. Staff shall provide annual reports to the City Manager regarding fee waivers and co- sponsorships approved or implemented during the past fiscal year. Reports shall include City costs, and comments regarding the effectiveness of the co-sponsorship/fee waiver program in providing additional recreational and community services through private and non-profit partnerships. The City Manager will provide the report to City Council no later than sixty (60) days following the close of the fiscal year. RESOLUTION NO. 2011-66 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ADOPTING A FEE WAIVER AND CO-SPONSORSHIP POLICY WHEREAS, the City ofRohnert Park routinely receives requests from non-profit organizations and service clubs to co-sponsor various activities, or to waive temporary use permit fees and/or rental fees for the use of City facilities; and' WHEREAS, the City Council ofthe City of Rohnert Park recognizes the value of partnering with other agencies and organizations to provide additional services of benefit to the community, while still upholding its fiscal responsibilities; and WHEREAS, a fee waiver and co-sponsorship policy will provide community members with a fair and open process for requesting and receiving City support for their endeavors; and WHEREAS, approval of a limited number of these requests will not overly burden the City's resources; NOW, THEREFORE, BE IT RESOLVED, the City Council of the City ofRohnert Park hereby establishes the City of Rohnert Park Fee Waiver and Co-Sponsorship Policy to direct when fees may be waived or co-sponsorships approved, attached hereto as Exhibit A. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 26th day of July, 2011. ' CITY OF ROHNERT PARK Mayor ATTEST: City Clerk CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RES. NO. POLICY NO. EFF. DATE PAGE 1 CO-SPONSORSHIPS AND FEE WAIVERS PURPOSE The City of Rohnert Park routinely receives requests from non-profit organizations and service clubs to co-sponsor various activities, or to waive temporary use permit fees and/or rental fees for the use of City facilities. Examples of these activities include public music performances, art exhibitions, sporting events, sales of food or merchandise, walk-a-thons, tele-a-thons, raffles, and auctions. Recognizing the value of partnering with other agencies and organizations to provide additional services of benefit to the community, while still upholding its fiscal responsibilities, the City has established the following policy to direct when fees may be waived or co- sponsorships approved, POLICY Fees may be waived, or co-sponsorships approved, by the City Manager or his/her designee, based on his/her determination that the program or event: 1) is of significant value to the community or to a significant portion of its residents, and 2) is within the scope of services normally provided by the City. Before granting approval, the City Manager or designee will also consider factors including but not limited to: benefit to the applicant, proposed event location and time of day, impact on the surrounding neighborhood, and monetary cost to the public, While organizations and agencies may qualify for fee waivers or co-sponsorships based on meeting this policy's criteria, the City does not guarantee all requests will be accommodated, The City Manager (or his/her designee) may determine not to provide support, due to lack of adequate funds or other resources, or when the request represents a conflict of interest or is not in the best interest of the City. ' Fee waivers and co-sponsorships granted may not exceed $1,000 in total cash/in-kind value for an entire activity or project, with the exception of the Project Graduation event, for which additional funding may be granted at the discretion of the City Manager. Activities specifically prohibited from City co-sponsorship or waiver of fees include those that: enhance private businesses; are held on behalf of, in support of, or in opposition to any political candidate or ballot measure or advocate a political position; advocate or promote the CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RES. NO. POLICY NO. EFF. DATE PAGE 2 CO-SPONSORSHIPS AND FEE WAIVERS sale or use of tobacco, alcohol, controlled substances, firearms or other weapons; promote adult-oriented businesses or include pornography; or that solicit criminal activity, Religious organizations, companies or groups may obtain fee waivers or co-sponsorships if the proposed program, event or project neither promotes religious messages nor advocates for or promotes religious beliefs. The City's co-sponsorship or financial support of events or programs is not intended to create public forums of general speech and/or public expression, except as provided by law. To the extent any event, site, project or program is designed for a specific purpose or public message, such event, site, project or program shall remain a non-public forum subject to the City's exclusive use and control. All resources to be provided by the City in co-sponsorship of an event or program shall be within current funding allocations, and expenditures shall not result in a reduction of other City services, If the Facility Use Fee schedule approved intermittently by City Council includes reduced fees for use of facilities by certain types of organizations, such organizations shall not be entitled to a fee waiver under this Policy for such previously approved use, Fee waivers may be reflected in reduced revenue totals at fiscal year end. The City reserves the right to access all activities at any time to ensure all rules, regulations, conditions of use, City and health and safety laws are not violated. Co-sponsorships and fee waivers can be revoked at any time, effective immediately, if the recipient agency or organization fails to comply with this policy or any other local, State or Federal regulation. Those seeking fee waivers or co-sponsorships must qualify under one of the following two categories: 1. Government Fees may be waived or co-sponsorships approved when the applicant is a government agency whose proposed use is consistent with the performance of its normal business functions. 2, Financial Hardship Fees may be waived or co-sponsorships approved for a non-profit or community service organization meeting all the following criteria: CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RES. NO. POLICY NO. EFF. DATE PAGE 3 CO-SPONSORSHIPS AND FEE WAIVERS A. The organization is a valid non-profit or community service organization based within the City of Rohnert Park or surrounding communities (may be required to provide IRS documentation of non-profit status), B. The imposition of fees or absence of co-sponsorship would create a financial hardship on the organization or would have a detrimental effect on the services provided to the public, C. The event or program will be open to the public and is in compliance with the City's non- discrimination policy and all other applicable City policies. D, The proposed event or program shall not have a significant impact on existing or future City facilities or other City activities, and any minor impacts shall be mitigated by the applicant or its volunteers, If such impacts cannot be mitigated, the public benefit provided by the event or program must outweigh the impacts created, The following applies to all events, programs and projects designated as co-sponsorships or for which fees have been waived: A. Use of facilities for programs and events is subject to facility availability, based on: prior reservations, Council Chamber use as governed by Section IX of the City Council Protocols, or urgent need by the City (as determined by the City Manager), Preference will be given to those activities conducted directly by the City. B, All agencies or organizations requesting use of City facilities must complete a Facility Use Application and Agreement. The City Manager may, at his or her discretion, place conditions on the use to minimize impacts to facilities or costs to the City, or to restore facilities to pre-event condition, C. Applicants may be required to purchase Special Event Insurance providing for general liability up to $2,000,000 (two million dollars) per occurrence, and a hold harmless agreement. The per-occurrence amount and insurance fee shall be determined and paid at the time application is made, D. A refundable security deposit may be required. Deposit amounts are set to ensure proper clean-up and cover the City's costs for remediation of any damage or loss. If the CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RES. NO. POLICY NO. EFF. DATE PAGE 4 CO-SPONSORSHIPS AND FEE WAIVERS full deposit is not received by the specified date, the facility request shall be cancelled and approval withdrawn, E, Applicants utilizing facilities shall comply with all requirements normally applicable to use of City facilities. Applicants are required to check with staff to assure all conditions of the facility use permit have been met, based on standards established by the City, Deposits will be refunded within four (4) to six (6) weeks of the event or activity, if standards have been met. F. Applicants shall secure any necessary additional permits, e.g., from the County Health Department for food sales, and alcohol use permits. G. Appropriate recognition of the City of Rohnert Park as co-sponsor of or contributor to the event or program will be provided on all promotional materials and at the event or program. Promotional materials, the event/program schedule, location and activities must be approved in advance by the City Manager or his/her designee. H, When conducting fundraising events or programs, applicants must provide financial statements detailing funds raised and distributed, within thirty (30) days following the event or program. I. Applicants are responsible for payment of the full cost of materials, labor, replacement, repairs, or damages related to the event, project or program, regardless of the amount. If damage occurs and the completed remediation costs the City less than the amount of the deposit, the difference shall be refunded. Upon agreeing to co-sponsor or waive fees for an event, program or project, the City may provide some or all of the following, on a case-by-case basis: 1. City staff assistance with planning, organizing, and/or conducting of the activity; 2. Use of the City's name, logo, or other imagery on promotional materials; 3. Use of City resources including equipment and supplies; , 4, Assistance with the promotion of the activity via the City's website, Rohnert Park Cable Television, Focus, Recreation Activity Guide, emaillists or other sources; 5, Display space for promotional materials at City facilities. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RES. NO. POLICY NO. EFF. DATE PAGE 5 CO-SPONSORSHIPS AND FEE WAIVERS Applicants denied a fee waiver or co-sponsorship may deliver a written appeal for consideration by the City Manager, no later than thirty (30) days prior to the proposed event or program. The decision then made by the City Manager shall be final. Staff shall provide annual reports to the City Manager regarding fee waivers and co- sponsorships approved or implemented during the past fiscal year, Reports shall include City costs, and comments regarding the effectiveness of the co-sponsorship/fee waiver program in providing additional recreational and community services through private and non-profit partnerships. The City Manager shall provide the report to City Council no later than sixty (60) days following the close of the fiscal year, Agenda Packet Preparation T1MELINES for Regular City Council Meetings held on the 2nd & 4th Tuesdays of each month: · Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via email for review and approval as to form DUE no later than NOON Three (3) Mondays prior to Council meeting date · Agenda items to City Manager via email for his review and responding ..email authorization", synchronized with above timeframe of Assistant City Attorney review, and an email copy to the City Clerk for drafting agendas ' · Agenda Items with attachments via email and a total of twenty (20) complete hard copy sets with 2 sets single-sided & 18 sets double-sided/stapled to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting date · Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday morning One (1) week prior to Council meeting date · Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on Thursday afternoon One (1) week prior to Council meeting date in compliance with Rohnert Park Municioal Code Section 2.08.020 and related Resolution No. 2008-173 {This section/or City Clerk Use Only} 7/26/11 City Council Agenda Item No. 6.C.6 Resolution No. 2011-67 CITY OF ROHNERT PARK ,COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: July 26, 2011 Department: Administration Submitted By: Gabriel A. Gonzalez, City Manager Linda T. Babonis, Housing & Redevelopment Manager Submittal Date: July 19, 2011 Agenda (Subject Only) Title: Letter of Authorization for Regional Used Oil Payment Program Requested Council Action: Approve Resolution Granting City Manager Authority to Execute Letter of Authorization with Sonoma County Waste Management Agency Summary: The Sonoma County Waste Management Agency ("SCWMA") is asking member agencies to provide a Letter of Authorization granting the SCWMA authority to submit a regional Used Oil Payment Program ("OPP") application to the Department of Resources Recycling and Recovery (CaIRecycle) for the current funding cycle. The City of Rohnert Park is a member agency of the SCWMA. As Lead Agency, SCWMA submits Letters of Authorization from member agencies, along with the application, to CalRecycle each year. The requested action formalizes the City Manager's authority to sign the Letter of Authorization. This is an annual process. Background: Local governments ("Eligible Applicants") may apply to CalRecycle for funds in support of local used oil colIection programs. The OPP is non-competitive and provides payments/funds to establish and maintain used oil and used oil filter colIection/recycling programs. Programs must include used oil and used oil filter colIection opportunities and a public education component. The SCWMA administers a regional program for the colIection and disposal of used oil and used oil filters on behalf of its member agencies. This program includes an educational component as required by CalRecycle. AlIocation to Payment Recipients is calculated on a per capita basis using the Department of Finance's population statistics. The SCWMA was awarded $166,080 in FY 10/11. On average, the SCWMA has been awarded in excess of $1 00,000 during each of the funding cycles. Actual budget amounts are determined annually as part of the State budget process. Cities and counties may apply separately; however, the benefit to a regional approach is ~ Leveraged funding for program o CalRecycle provides minimum awards to small jurisdictions: $5,000 for cities and $10,000 for counties ~ Consistency of administration across jurisdictions ~ Realize economies of scale with respect to staff time and outreach efforts Fiscal Impact: Thereis no fiscal impact to the City of Rohnert Park to participate in this program. Staff Recommendation: Approve the Resolution Granting the City Manager Authority to Execute a Letter of Authorization with Sonoma County Waste Management Agency. Enclosures: Resolution, Letter of Authorization CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney. CITY MANAGER'S RECOMMENDATION: (X) Consent Item (X) Approval ( ) Public Hearing Required ( ) Not Recommended ( ) Submitted with Comment ( ) Policy Determination by Council ( ) City Comments: ( ) Regular Item Per City Manager's review and direction for distribution of this agenda item. (Revised 031309) JH:TG-S:05-b RESOLUTION NO. 2011-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF AUTHORIZATION GRANTING THE SONOMA COUNTY WASTE MANAGEMENT AGENCY AUTHORITY TO SUBMIT A REGIONAL USED OIL PAYMENT PROGRAM APPLICATION ON BEHALF OF THE CITY OF ROHNERT PARK TO THE DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY; AND TO ACT AS LEAD AGENCY TO EXECUTE ALL DOCUMENTS NECESSARY TO SECURE PAYMENT UNDER THE USED OIL PAYMENT PROGRAM WHEREAS, Public Resources Code sections 48690 et seq. authorize the Department of Resources Recycling and Recovery (CaIRecycle), formerly known as the California Integrated Waste Management Board, to make payments to qualifying jurisdictions for implementation oftheir used oil programs as required by PRC S 48690 et seq.; and WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the administration ofthe Used Oil Payment Program; WHEREAS, the Used Oil Payment Program allows regional participation; and WHEREAS, CalRecycle's procedures for administering the Used Oil Payment Program require, among other things, a regional applicant's governing body to declare by resolution certain authorizations related to the administration of the Used Oil Payment Program; WHEREAS, on May 19, 2010, the Sonoma County Waste Management Agency ("SCWMA") Board of Directors authorized the SCWMA to submit a Used Oil Payment Program regional application on behalf of itself as Lead Agency and the participating member agencies; and WHEREAS, the City of Rohnert Park is a member agency of the Sonoma County Waste Management Agency and is therefore included in the regional application; WHEREAS, CalRecycle requires each regional participant to submit a letter authorizing the SCWMA to submit a regional Used Oil Payment Program application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize the City Manager to execute a Letter of Authorization on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 26th day of July, 2011. ATTEST: CITY OF ROHNERT PARK City Clerk Mayor City Council Gina Belforte Mayor Jake Mackenzie Vice Mayor Amy 0, Ahanotu Joseph T, Callinan Pam Stafford Council Members Gabriel A, Gonzalez City Manager , Michelle Marchetta Kenyon Cily Attorney Benjamin D, Winig Assistant Cily Attorney Terri A. Griffin Cily Clerk Darrin W. Jenkins Director of Development Services / Cily Engineer Sandra M, Lipitz Director of Administrative Services Brian Masterson Director of Public Safely John McArthur Director of Public Works and Communily Services July 26, 2011 Department of Resources Recycling and Recovery (CaIRecycle) 1 001 I Street P.O. Box 4025, MS-13A Sacramento, CA 95812 RE: Letter of Authorization Dear CalRecycle: I hereby authorize the Sonoma County Waste Management Agency (SCWMA) to submit a regional Used Oil Payment Program application and act as Lead Agency on behalf of the City of Rohnert Park. The SCWMA is authorized to execute all documents, including but not limited to, applications, agreements, annual reports including expenditure reports and amendments necessary to secure payments in support of the Used Oil Payment Program, Regards, Gabriel A. Gonzales City Manager (707) 588-2226 130 Avram Avenue. Rohner! Park CA. 94928. (707) 588-2226. Fax (707) 792-1876 www.rpcity.orq Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2nd & 4th Tuesdays of each month: · Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via email for review and approval as to form DUE no later than NOON Three (3) Mondays prior to Council meeting date · Agenda items to City Manager via email for his review and responding ..email authorization", synchronized with above timeframe of Assistant City Attorney review, and an email copy to the City Clerk for drafting agendas · Agenda Items with attachments via email and a total of twenty (20) complete hard copy sets with 2 sets single-sided & 18 sets double-sided/stapled to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting date · Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday morning One (1) week prior to Council meeting date · Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on Thursday afternoon One (1) week prior to Council meeting date in compliance with Rohnert Park Municipal Code Section 2.08,020 and related Resolution No. 2008-173 {This section for City Clerk Use Only} 7/26/11 City Council Agenda Item Nos. 6.C.7 & 6.C.8 Resolution Nos. 2011-68 & 2011-69 CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: July 26, 20 II Department: Administration Submitted By: Gabriel A. Gonzalez, City Manager Submittal Date: July 20, 2011 Agenda Title: Change in Retirement Benefits Contributions (EPMC) for Certain Employees Requested Council Actions: 1) Approve a resolution reducing the amount of employees' share of contributions to the California Public Employees Retirement System (CaIPERS) paid by the City for certain employees. 2) Approve a resolution implementing the provisions ofthe Internal Revenue Code 414(h)(2) to tax defer member paid contributions to California Public Employees' Retirement System. Summary: At its July 12, 20 II meeting, the City Council approved a tentative labor agreement which had been ratified by the Rohnert Park Public Safety Officers' Association, and also approved changes to the Outlines of Conditions of Employment for the Management and Confidential Units. One of the significant changes approved was that the City will no longer be paying the employee's required member contribution to the California Public Employees' Retirement System (CaIPERS) for these groups of employees. This change includes the City Manager, whose employment contract calls for those benefits provided to the Management Unit. In addition, the City Manager has determined that unrepresented, part- time hourly employees who are members ofCalPERS should also pay the employee's required member contribution. CalPERS requires a new resolution to reflect this reduction in the amount the City is paying. The City must also approve a resolution to implement the provisions ofInternal Revenue Code (IRC) 4l4(h)(2), which provides for CalPERS contributions, whether employee or employer paid, to be tax-deferred. Enclosures: Resolution "FOR PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTTIONS" Resolution "AUTHORIZING APPROVAL TO IMPLEMENT PROVISIONS OF INTERNAL REVENUE CODE 414(h)(2) TO TAX DEFER MEMBER PAID CONTRIBUTIONS TO CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM" CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney, CITY MANAGER'S RECOMMENDATION: (X) Consent Item (X) Approval ) Public Hearing Required ( ) Not Recommended ) Submitted with Comment ( ) Policy Determination by Council ( ) City Comments: ( ) Regular Item Per City Manager's review and direction for distribution ofthis agenda item. RESOLUTION NO. 2011-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK FOR PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRI BUTTIONS WHEREAS, the City Council of the City of Rohnert Park has the authority to implement Government Code 20636( c)( 4) pursuant to Section 20691 ; WHEREAS, the City Council of the City of Rohnert Park has previously had written labor policies or agreements which specifically provide for the normal member contributions to be paid by the employer and reported as additional compensation; WHEREAS, one of the steps ,in the procedures to implement Section 20691 was the previous adoption by the City Council of the City of Rohnert Park of a resolution to commence paying and reporting the value of said Employer Paid Member Contribution (EPMC); WHEREAS, the City Council of the City of Rohnert Park has now approved written labor policies or agreements which specifically provide for the normal member contributions to be paid by the employee; and WHEREAS, the City Council of the City of Rohnert Park has identified the following conditions for the purpose of its election to pay EPMC: · This benefit shall apply to all employees designated as members of the following groups: The Rohnert Park Public Safety Officers' Association, the Confidential Unit, the Management Unit, the City Manager, and unrepresented part-time hourly employees. · This benefit shall consist of paying 0% of the normal contributions as EPMC, and reporting the same percent (value) of compensation earnable (excluding Government Code Section 20636(c)(4)) as additional compensation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City ofRohnert Park elects to pay and report the value ofEPMC, as set forth above, effective July 1,2011. DUL Y AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 26th day of July, 2011. CITY OF ROHNERT PARK Mayor ATTEST: City Clerk RESOLUTION NO. 2011-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING APPROVAL TO IMPLEMENT PROVISIONS OF INTERNAL REVENUE CODE 414(h)(2) TO TAX DEFER MEMBER PAID CONTRIBUTIONS TO CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM WHEREAS, the City Council of the City of Rohnert Park has the authority to implement the provisions of section 414(h)(2) of the Internal Revenue Code (IRe); and WHEREAS, the City of Rohnert Park has determined that even though the implementation of the provisions of section 414(h)(2) IRC is not required by law, the tax benefit offered by section 414(h)(2) IRC should be provided to ALL EMPLOYEES who are members of the California Public Employees' Retirement System: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Rohnert Park: I. That the City of Rohnert Park will implement the provision of section 414(h)(2) Internal Revenue Code by making employee contributions pursuant to California Government Code Section 20691 to the California Public Employees' Retirement System on behalf of all its employees or all its employees in a recognized group or class of employment who are members of the California Public Employees' Retirement System. "Employee contributions" shall mean those contributions to the Public Employees' Retirement System which are deducted from the salary of employees and are credited to individual employee's accounts pursuant to California Government Code section 20691. 2. That the contributions made by the City of Rohnert Park to the California Public Employees' Retirement System, although designated as employee contributions, are being paid by the City of Rohnert Park in lieu of contributions by the employees who are members of the California Public Employees' Retirement System, 3. That employees shall not have the option of choosing to receive the contributed amounts directly instead of having them paid by the City of Rohnert Park to the California Public Employees' Retirement System. 4. That the City of Rohnert Park shall pay to the California Public Employees' Retirement System the contributions designated as employee contributions from the same source of funds as used in paying salary. 5. That the amount of the contributions designated as employee contributions and paid by the City of Rohnert Park to the California Public Employees' Retirement System on behalf of an employee shall be the entire contribution required of the employee by the California Public Employees' Retirement Law (California Government Code Sections 20000, et seq.). 6. That the contributions designated as employee contributions made by the City of Rohnert Park to the California Public Employees' Retirement System shall be treated for all purposes, other than taxation, in the same way that member contributions are treated by the California Public Employees' Retirement System. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 26th day of July, 2011. CITY OF ROHNERT PARK Mayor ATTEST: City Clerk Agenda Packet Preparation TIMELINES for Regular City Council Meetings {This section for City Clerk Use Only} held on the 2nd & 4th Tuesdays of each month: . Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via email for review and approval as to form DUE no 7/26/11 City Council Agenda later than NOON Three (3) Mondays prior to Council meeting date . Agenda items to City Manager via email for his review and responding ..email authorization", ITEM NO.7 synchronized with above timeframe of Assistant City Attorney review, and an email copy to the City Clerk for drafting agendas . Agenda Items with attachments via email and a total of twenty (20) complete hard copy sets with 2 sets single-sided & 18 sets double-sided/stapled to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting date . Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday morning One (1) week prior to Council meeting date . Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on Thursday afternoon One (1) week prior to Council meeting date in compliance with Rohnert Park Municioal Code Section 2.08.020 and related Resolution No. 2008-173 CITY OF ROHNERTP ARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: July 26, 2011 Department: Administration Submitted By: Gabriel A. Gonzalez, City Manager Linda T. Babonis, Housing & Redevelopment Manager Submittal Date: July 18, 2011 Agenda Title: Update on SCWMA's "ACtion to Reduce Single Use, Carryout Bag Use" Requested Council Action: Council Direction to the City Board Member of the Sonoma County Waste Management Agency to Vote against Participation in an Action to Reduce Single Use, Carry-Out Bag Use Summary: The Sonoma County Waste Management Agency ("SCWMA") has studied single-use, carryout bags for over three (3) years. At its March 16,2011 meeting, SCWMA Board members indicated a desire to discuss potential carryout bag reduction actions with their councils llnd directed agency staff to prepare a model presentation which could be used to that effect. Agency staff created a presentation detailing three different options for CEQA analysis and implementation. The attached presentation (Exhibit A) was presented to the Rohnert Park Solid Waste & Recycling Committee on July 14,2011. After consideration by each jurisdiction's legislative body, Board members were tasked with returning to the next SCWMA meeting (August 17, 2011) to convey the feedback received from its legislative body and vote on a decision to take action. . Background: Many jurisdictions throughout the world are interested in or have taken action to reduce single-use, carry out bag use. Bans are currently in effect in Fairfax, Los Angeles County, Malibu, Manhattan Beach, Palo Alto and San Francisco. San Jose, Santa Clara and Santa Monica have enacted bans that will take effect. in the next 3 to 6 months. Another eight (8) jurisdictions are considering bans. Following are some statistics taken from a Statewide Waste Characterization study performed in 2008 that specifically targeted plastic carryout bags; 1 . The estimated California plastic carry out bag use was 18.2 billion . Sonoma County's plastic carryout bag use was estimated to be 232 million . Sonoma County residents used 1.3 plastic bags per day . The EPAestimated the US plastic bag recovery rate at 9.8%. Carryout plastic bags affect our waste system, create litter and impact OUT waterways. For instance, . Plastic bags don't biodegrade, but are at risk for photo degradation, light exposure dissolving them into toxic polymer particles. Most often, when this happens, it happens in the ocean. . Because of their light weight, plastic bags are the debris most likely to flyaway from landfills, settling instead in trees, storm drains, beaches, and the ocean. . Plastic bags are dangerous to small children . An estimated one million birds and 100,000 turtles and other sea animals die of starvation each year after ingesting discarded plastic bags which block their digestive tracks . Public agencies in California alone spend over $300 million on coastal litter clean-up per year . Plastic bags make up over 10% of washed~up debris polluting the US coastline . Plastic degradation at sea takes between 45-1000 years Funding Impact of Single-Use, Carry Out Bag Ban: SCWMA staff provided a printout of its PowerPoint presentation that was presented to the Waste & Recycling Subcommittee meeting on July 14,2011 (Exhibit A). The presentation details three (3) possible options for implementing the single use carryout bag ban this is currently being considered by SCWMA Board Members. These three options are; Option 1 . SCWMA develops a countywide ordinance and countywide project EIR Option 2 . SCWMA develops a model ordinance and performs program EIR Option 3 . . Each jurisdiction develops separate ordinance and CEQA analysis Funding impacts to SCWMA vary greatly depending on which option is pursued. A countywide SCWMA ordinance would have the greatest funding impacts to SCWMA and least overall funding impacts for all jurisdictions. Staff estimates a range of $135,440 to $193,240 in contractor costs for CEQA analysis, legal costs for drafting an ordinance and CEQA review, and a significant amount of staff time managing the project. Enforcement could either be performed by staff or through mutual agreements with other agencies. Additional enforcement staff, vehicle, and legal costs are estirnated at a minimum of$137,000 per year. If each jurisdiction wished to pursue an ordinance individually, there would be a minimal ($4,260 to $'8,520) funding impact to SCWMA for staff support, but an $116,760 to $165,760 cost for CEQA, legal review, and staff for each jurisdiction. The cumulative funding impact of each jurisdiction pursuing this avenue is much greater than a single countywide SCWMA ordinance. One-time projects such as these are typically funded through the use of reserves. The Contingency Reserve is expected to contain $195,260 in funding at the end ofFY 2010-11, which is sufficient for the estimated $117,000 to $170,000 project cost, but brings the Contingency Reserve well below the reserve goals. A reserve policy decision could be made to use funds from the Hazarqous Household Waste Reserve, which is expected to be $1,617,067 at the end ofFY 2010-11. This is approximately $832,337 above the reserve goals for this fund for the current fiscal year, and $735,001 above the goals for the upcoming fiscal year. ~ 2 Staff Analysis: Staff has analyzed the proposed options and finds that the most effective and least costly option for implementing a Single-Use, Carryout Bag Ban is Option 1. However, staff does not recommend going forward with the proposed options at this time for the following reason; . SCWMA staff should incorporate the cost of a Negative Declaration into its Comparative Analysis. . o On July 14,2011, the California Supreme Court ruled in favor of the City of Manhattan Beach in a suit brought forward by the Save the Plastic Bag Coalition (STPBC). The STPBC claimed that the City of Manhattan Beach had to perform a full EIR prior to adopting an ordinance banning the use of plastic bags. In its ruling, the California Supreme Courte Court found that the City of Manhattan Beach can enforce a local ordinance banning plastic bags without undertaking a costly Environmental Impact Report (EIR). The SCWMA's analysis . Contemplates the use of a full EIR . Does not explore the economic impact of a ban . Does not quantify the estimated costs to jurisdictions and their haulers of mitigating the impacts of single-use, carry out bag use . Does not consider alternative actions Staff Recommendation: The Waste & Recycling Committee discussed and considered this matter at its July 14,2011 meeting. The Committee is recommending the Council direct the City Board Member to vote against City of Rohnert Park participation in the proposed action to reduce single use, carry out bag use. Next Steps: At the August 17,2011 SCWMA meeting, staffwill vote in accordance with Council direction regarding the proposed action to ban single use, carry out bags. Enclosures: Exhibit A CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney. CITY MANAGER'S RECOMMENDATION: ( ) Consent Item ( ) Approval ( ) Public Hearing Required ( ) Not Recommended ( ) Submitted with Comment ( ) Policy Determination by Council (X) City Comments: Provide Direction to City SCWMA Board Member (X) Regular Item Per City Manager's review and direction for distribution of this agenda item. (Revised 031309) JH:TG-S:05-b 3 ()ur')OCQ ~ I t ~ \.. ~_____ 11I Th~ Sonoma County Waste Management Agency (SCWMA) has studied single-use, carryout bags for over 3 years 11I Many jurisdictions throughout the world are interested in or have taken action to reduce single-use, carryout bag use 11I If jurisdictions are interested, there are a number of options to consider II This presentation explores three viable options EXHIBIT A 7/21/2011- 1 Project Flow Diagram _ Stakeholder Meeting. and Public Outreach CEOA Process Develop Materialsl Procedures for Implementation Between Adoption and Effective Dates i:::J i:::J <> C ClJ Multiple Documents Process Alternate Process Decision Document EnforceOrdinance After Effective Date Project Vehicle _ !II SCWMA Countywide Ordinance · Development, CEQA analysis, adoption, and implementation through SCWMA · One ordinance, one EIR for entire county · Accomplished with SCWMA funds and staff · SCWMA's responsibility to defend and enforce · Annual SCWMAenforcement costs estimated at $137,000 · Requires SCWMA unanimous vote for CEQA agreement (>$50,000 for agreement) and to enact ordinance · Ordinance would expire in 20~7 unless the SCWMA is extended or replaced · SCWMA Counsel's opinion is that an ordinance already in effect in a jurisdiction may be adopted without any additional CEQA analysis · Your legal counsel should be consulted for concurrence ~ 7/21/2011 2 Project Vehicle (cont.) _ 11 SCWMA Model Ordinance · SCWMA develops model ordinance, performs program EIR · One model ordinanc.e · The foundation of the CEOA work done for jurisdictions by SCWMA · Each jurisdiction would need to tier off the program EIR for CEOA compliance · Accomplished in part with SCWMA funds · Each jurisdiction's responsibility to defend/enforce · Requires SCWMA unanimous vote for CEQA agreement (>$50,000 for agreement), jurisdiction approval for each ordinance projectVehide (cont.) _ 11I Individual Jurisdiction Effort · Each jurisdiction develops separate ordinance, responsible for CEQA analysis · Up to ten ordinances for the entire county · Accomplished with minimal SCWMA funds · Each jurisdiction's responsibility to defend/enforce · Requires each jurisdiction to approve CEQA agreement and respective ordinance 7/21/2011 3 Comparative Analysis _ S€WMA€oun~iae Ordinance ~, Countywide One ordinance ensures Model ordinance promotes Least likely to be Consistency consistency consistency, jurisdictions consistent, each could modify. jurisdiction could adopt ,different parameters Cost $135.440-$193,240 for $131.480-$184,480 for CEOA $4,260-$8,520 for support CECA and legal review; and legal review - SONMA; to jurisdictions - SONMA $137,000 for enforcement- SONMA; $41,760-$]6,760 cost to each $116,760-$165,760 to each participating jurisdiction jurisdiction for CEOA and Likely the least overall, legal review; $137,000 for countywide cost $137,000 for emorcement enforcement Legal SONMA to defend CECA SCWMA to defend Program Jurisdictions to defend Responsibility document and ordinance EIR; jurisdictions to defend CEOA and ordinance their CECA documents and ordinance Enforcement SCWMA responsibility, Jurisdiction's responsibility to Jurisdiction's responsibility could enter into enforce to enforce agreements or hire staff to enforce ror'lr!LJ'~i'O"'C ~ %"", N'l".l ~ ! l-;J ~_____ lI\I Countywide SCWMA ordinance appears most cost and time efficient method II Requires unanimous vote of the SCWMA II SCWMA funds ordinance development and CEQA II SCWMA to defend legal challenges to ordinance II Enforcement would require additional staff or separate agreements II SCWMA non-renewal may require additional jurisdiction action to keep ordinance in effect ..~ 7/21/2011 4 Next Steps 1i!I Educate member jurisdictions II SCWMA representative to receive feedback/direction before the August 18, 2011 SCWMA meeting III Select the project vehicle if interest exists 11I Implement the project (stakeholder meetings, CEQA, etc.) . Questions? SCWMA Contact: Patrick Carter Waste Management Specialist pea rter@sonoma-county.org (707) 565-3687 7/21/2011 5 Griffin, Terri 7/26/11 City Council Agenda ITEM NO.7 - CORRESP. [Distributed 7/26/11] From: Sent: To: Cc: Subject: Attachments: Tim James [tjames@CAGrocers.com] Monday, July 25, 2011 3:41 PM Belforte, Gina; blumacjazz@aol.com; Ahanotu, Amy; Callinan, Joseph; Stafford, Pam Babonis, Linda; Griffin, Terri Action to Reduce Single Use, Carryout Bag Use - July 26 Agenda Rohnert Park Carryout Bag L TR - 7-25-11 :pdf Dear Councilmembers, Please accept the attached letter for Item 7 on the July 26, 2011 agenda item regarding carryout bags. Please contact me if you have any questions or would .like additional information. Thank you for your consideration. Tim Timothy James Manager, Local Government Relations California Grocers Association 1215 K Street, #700 Sacramento, CA 95814 Phone: 916-448-3545 Cell: 916-832-6149 .Join the Re:Evolution! CGA's annual Strategic Conference - September 25-27,2011 PRIVILEGED & CONFIDENTIAL: This communication, including attachments, is for the exclusive use of addressee and may contain proprietary, confidential and/or privileged information. If you are not the intended recipient any use, copying, disclosure, dissemination or distribution is strictly prohibited. If you are not the intended recipient notify the sender immediately by return e- mail, delete this communication and destroy all copies. 1 July 25, 2011 The Honorable Gina Belfort Mayor, City of Robnert Park City Hall, 130 Aram Avenue Robnert Park, CA 94928 ONI VOICISIHel- 1&08 RE: Action to Reduce Single Use, Carryout Bag Use - Item 7, July 26, 2011 On behalf of the California Grocers Association (CGA), I respectfully ask the Council to not vote against the SCWMA "Action to Reduce Single Use, Carryout Bag Use." A unified regional approach to carryout bag regulations provides retailers consistency and eliminates jurisdictional disadvantages. The county-wide ordinance approach also creates greater predictability for consumers and provides the greatest amount of environmental gain. The California Grocers Association is a non-profit,. statewide trade association representing the food industry since 1898. CGA represents approximately 500 retail members operating over. 6,000 foodstores in California and Nevada, and approximately 300 grocery supplier companies. Retail membership includes chain and independent supermarkets, convenience stores and mass rnerchandisers. CGA members include a significant number of grocery companies operating in Robnert Park and Sonoma County. Industry experience has shown regulatory consistency is preferred for consumers, the environment, .and retailers. The predictability of regional regulation allows both consumers and retailers to prepare for and implement changes, Regional regulation also creates the greatest amount of environmental benefit by affecting a larger geographic area. Education-only efforts have shown to raise awareness of reusable bags, but have marginal impact on single-use bag usage and usually require significant investments of time and resources by retailers. We understand there may still be initial questions and concerns regarding carryout bags. Yve respectfully request the City Council not make a determination on regional participation at this time and instead opt to work with stakeholders to fully understand the impacts and opportunities. Please consider CGA a partner as you further investigate carryout bags. Sincerely, ~ TIMOTHY M. J Manager, Local cc: Members, Robnert Park City Council Ms. Linda T. Barbonis, Housing & Redevelopment Manager, City of Robnert Park Ms. Terri Griffm, Robnert Parle City Clerk CALIFORNIA Gllocns ASSOCIATION .1 1215 K Street, Suite 700 I Sacramento, CA 95814-3946 i T: 916.448.3545 I F: 916.448.2793 I www....uro.......com Griffin, Terri 7/26/11 City Council Agenda ITEM NO.7 - CORRESP. [Distributed 7/26/11] From: Sent: To: Cc: Subject: Attachments: Allison Chan [allison@savesfbay.org] Monday, July 25, 2011 4:07 PM Belforte, Gina; blumacjazz@aol.com; Ahanotu, Amy; Callinan, Joseph; Stafford, Pam Griffin, Terri Single-use bags in Rohnert Park SaveTheBaLcountywide bag ordinance support_Rohnert Park_7-25-11.pdf Dear Mayor and Council Members, Please accept the attached letter of support from Save The Bay. This is in regards to agenda item no. 7 on the July 26th City Council agenda. Thank you for your consideration. Sincerely, Allison Chan Allison Chan Policy Associate, Save The Bay 510.452.9261 x1181 @saveSFbay Plav Battle for the Bav! 1 350FrankH. Ogawa Plaza, Suite 900 Oakland, CA 94612-2016 i. 510.452.9261 f 5l 0,452.9266 .Ofg July 25, 2011 Rohnert Park City Council City Hall 130 Avram Avenue Rohnert Park, CA 94928 RE: Single-use bags in Rohnert Park Dear Mayor Belforte and Council Members, On behalf of Save The Bay's 25,000 members and supporters throughout the Bay Area, including hundreds of Rohnert Park residents, we strongly urge your support of a countywide ordinance to ban the free distribution of single-use carry-out bags in Sonoma County. A regional approach is the most effective way to prevent bag poll ution in OUf waterways and the Bay. The average Californian uses 400 plastic bags every year, which amounts to 19 billion plastic bags used annually across the state. Each of these bags is used for an average of12 seconds and. is then discarded, m any of which end up littering coasts and waterways. It is estimated that over one million bags findtheir way into the San Francisco Bay each year, suffocating habitat and wildlife and diminishing the aesthetic value of our Bay environment. While the plastic bag industry points to recycling to prevent plastic bag pollution, in practice, recycling is proven to be ineffective, counterproductive and inefficient. Plastic bags often clog recycling machines, costing recycling companies time and money. According to Green Team, a recycler in the City of San Jose, plastic bags contam inate other recyclable materials, such as glass, that are much more valuable than recycled plastic bags. Only 1.7 percent of the plastic bags they collect each month are actually recycled, and they often have to pay a company to take away the recycled film. Allied Waste of Santa Clara County spends thousands of dollars on clean-up and repair due to plastic bags clogging their screens and sorting equipm ent. In fact, only a small fraction of the plastic bags used in the entire state of California are actually recycled; despite a lengthy public education campaign lead by the state and the plasti cs industry, less than 5 percentof all plastic bags are actually recycled. The rest end up in landfills and storm drains, eventually making their way into the Bay. Public education has also proven ineffective in transitioning consumers from single-use bags to reusable bags. For example, Santa Clara County created a public outrea~h campaign to encourage residents to bring their own bags to the store. The results of this year-long effort, however, showed no significant change in consumer behavior, which led the county to pass a single-use bag ban in A pril of this year. .' 2 Sonoma County can be a regional leader in pre venting plastics pollution in its communities and the Bay. Save The Bay urges the City of Rohnert Park to support the countywide effort to address single-use bags and the blight that they create in ou r waterways. Sincerely, ~~ David Lewis Executive Director Agenda Packet Preparation TIMELINES for Regular City Council Meetings . held on the 2nd & 4th Tuesdays of each month: · Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via email for review and approval as to form DUE no later than NOON Three (3) Mondays prior to Council meeting date · Agenda Items w/attachments via email and hard copy to City Clerk DUE no later than NOON Two (2) Mondays p.-iOl" to Council meeting date · Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday moming One (1) week p,"io,. to Council meeting date · Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on Wednesday aftemoon One (1) week priolo to Council meeting date in compliance with Rohnert Park Municipal Code Section 2.08.050 {This sectionfor City Clerk Use Only} 7/26/11 City Council Agenda ITEM NO.8 RESOLUTION NO. 2011-70 COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: Department: Submitted By: Submittal Date: Agenda Title: July 26, 2011 Development Services Eydie Tacata, Management Analyst July 15,2011 Wilfred/Dowdell Specific Plan Reimbursement Fee Requested Council Action: Consider adoption of proposed Wilfred/Dowdell Specific Plan Reimbursement Fee to recover the costs of preparation, adoption, and administration of the Specific Plan, including CEQA costs. Summary: The Wilfred/Dowdell Specific Plan was approved in September 2008 and the properties comprising the Wilfred/Dowdell Specific Plan Area ("Area") were annexed to the City in August 2009. Because of the Specific Plan and annexation, the properties in the Area have greater development potential than prior to the annexation, among other benefits. As of April 30, 2011, the City had incurred over $345,000 in costs for the preparation, adoption and administration of the Specific Plan, including environmental review pursuant to CEQA. Additionally, an initial developer in the Area is poised to contribute payment toward a $64,025 consultant contract to work toward fulfilling CEQA requirements not only for their project, but also for the rest of the Specific Plan Area. On June 14,2011, the City Council reviewed a report from staff (Attachment A) detailing the background, rationale and legal authority for establishment ofthe Wilfred/Dowdell Specific Plan Reimbursement Fee, which would be collected from property owners/developers in the Area when they develop their properties. The proceeds from the fee would be used to recover the costs incurred by the City and the initial developer. The City Council directed staff to prepare a recommendation for the Council to adopt the fee and schedule a public hearing for consideration of the proposed fee. The public hearing and proposed Council action to adopt the proposed fee has been publicly noticed and data made available to the public per the provisions of the California Government Code. The property owners were provided a copy of the June 14,2011 staff report on July 8,2011. Staff recommends that the City Council consider and ~dopt the attached Resolution to establish the Wilfred/Dowdell Specific Plan Reimbursement Fee and supersede the fee established by Resolution No. 98-45. It should be noted that, except for the consultant contract described above, this proposed fee includes reimbursable costs pursuant to California Government Code Section 65456 and Rohnert Park Municipal Code 17.06.450 only as of April 30,2011. As more reimbursable costs are incurred by City and initial developer for processing the Specific Plan, City staffwill return to the City Council to report on the updated total costs and request consideration of an updated Specific Plan reimbursement fee for appropriate cost recovery. Enclosures: Attachment A: June 14,2011 Staff Report Resolution No. 2011-70 Exhibit A (to Resolution): Wilfred-Dowdell Specific Plan Processing Costs Exhibit B (to Resolution): Fifth Amendment to the Consultant Services Agreement with MACTEC Inc. Exhibit C (to Resolution): Rohnert Park City Council Resolution No. 98-45 CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney. CITY MANAGER'S RECOMMENDATION: () Consent Item (X) Approval (X) Public Hearing Required ( ) Not Recommended ( ) Submitted with Comment ( ) Policy Determination by Council ( ) City Comments: (X) Regular Time (Revised 031309) JH:TG-S:05-b ATTACHMENT A: June 14, 2011 Staff Report Page 1 of 8 Agenda Packet Preparation TIMELINES for Regular City Council Meetings . held on the 2nd & 4th Tuesdays of each month: . . Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via email for review and approval as to fonn DUE no later than NOON Three (3) Mondays prior to Council meeting date . Agenda Items w/allachments via email and hard copy to City Clerk DlJE no later than NOON Two (2) Mondays prior to Council meeting date . Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday morning One (1) week prior to Council meeting date . Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on Wednesday afternoon One (I) week prior to Council meeting date in compliance with Rohner! Park Municipal Code Section 2.08.050 {This section for City Clerk Use Only} 6/14/11 City Council Agenda ITEM NO. 16 COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: Department: Submitted By: Submittal Date: Agenda Title: June 14,2011 Development Services Eydie Tacata, Management Analyst June 6,2011 Wilfred/Dowdell Specific Plan Reimbursement Fees Requested Council Action: Consider information about proposed Wilfred/Dowdell Specific Plan Reimbursement Fee to recover the costs of preparation, adoption, and administration of the specific plan, including CEQA costs, and direct staff to complete analysis and bring Wilfred/Dowdell Specific Plan Reimbursement Fee for Council consideration for adoption at a future meeting. Summary: The Wilfred/Dowdell Specific Plan was approved in September 2008 and the properties comprising the Wilfred/Dowdell Specific Plan Area ("Area") were annexed to the City in August 2009. Because of the specific plan and annexation, the properties in the Area have greater development potential than prior to the annexation, among other benefits. The City has incurred over $345,000 in costs for the preparation, adoption and administration of the specific plan, environmental review, annexation and other costs pursuant to CEQA. Additionally, an initial developer in the Area is poised to contribute payment toward a $64,025 consultant contractto work toward fulfilling CEQA requirements not only for their project, but also for the rest of the specific plan area. Staff proposes that the City Council consider establishing a specific plan reimbursement fee to be collected from property owners/developers in the Area when they develop their properties. The proceeds from the fee would be used to recover the costs incurred by the City and the Initial Developer. Enclosures: Staff Report Attachment A: Rohnert Park City Council Resolution No. 98-45 Attachment B: Wilfred-Dowdell Specific Plan Processing Costs Attachment C: Fifth Amendment to the Consultant Services Agreement with MACTEC Inc. for Biological-Environmental Services for the Wilfred Dowdell Specific Plan Project CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed by the City Attorney. CITY MANAGER'S RECOMMENDA nON: ( ) Consent Item (X) Approval ( ) Public Hearing Required ( ) Not Recommended ( ) Submitted with Comment ( ) Policy Determination by Council ( ) City Comments: (X) Regular Time (Revised 031309) JH:TG-S:05-b Meeting Date: Department: Submitted By: Submittal Date: Agenda Title: ATTACHMENT A: June 14, 2011 Staff Report Page 2 of 8 COUNCIL AGENDA ITEM STAFF REPORT June 14,2011 Development Services Eydie Tacata, Management Analyst June 6, 2011 Wilfred/Dowdell Specific Plan Reimbursement Fees BACKGROUND The Wilfred/Dowdell Village Specific Plan Area ("Area") contains about 25.40 acres located west of Highway 101 between Dowdell Avenue and Redwood Drive. It is bounded to the north by retail properties, to the south by fallow fields and commercial properties and to the east by fallow fields. The Area is bisected by Wilfred A venue (recently renamed "Golf Course Drive West"). "Village North" comprises the 4.58 acres north of Wilfred A venue and "Village South" comprises the 20.52 acres south of Wilfred Avenue along with another 0.30 acre of right-of-way acreage. The Area was first proposed for inclusion in the City's Sphere ofInfluence (SOl) in the 1990 General Plan and was added to the SOl prior to the 1995 General Plan as "a prime site for commercial development." In September 1996, property owners within the Area requested annexation. The City Council denied the request, but asked the property owners to organize and prepare a specific plan for the Area. To help set the stage, the City approved a General Plan Amendment designating the site as a specific plan area. The property owners still desired annexation, but they did not have the means to prepare a specific plan and asked for the City's assistance. In October 1997, staff met with the property owners and received a commitment from a majority of them to reimburse the City for specific plan preparation costs. In February 1998, the City Council adopted Resolution No. 98-45 ATTACHMENT A: June 14, 2011 Staff Report Page 3 of 8 (Attachment A: Rohnert Park City CouncilResolution No. 98-45), which directed City staff to prepare a specific plan. It also established a specific plan reimbursement fee of about $64,000, based on staffs estimate for preparing a specific plan and environmental impact report (EIR). The fee was to be split among the property owners based on their properties' acreage, and payable at time of subdivision map or building permit, whichever occurred first. The City hired the firm of Parsons Harland Bartholomew & Associates to produce a specific plan and EIR. In May 1999, a Draft Specific Plan was completed, proposing retail development consistent with the General Plan land use designation of "Regional Commercial." The Draft EIR was circulated in June 1999, public comments were taken in July, and in September, the Planning Commission voted to recommend certification of the EIR and adoption of the Specific Plan to the City Council. At about this same time, the City was updating the Rohnert Park General Plan ("2000 General Plan"). The City Council did not certify the Wilfred/Dowdell EIR or adopt the Specific Plan, but instead requested a supplemental traffic analysis to address issues emerging from the 2000 General Plan draft environmental analysis. Staff saw that since multiple EIRs were being concurrently developed, the Wilfred/Dowdell Specific Plan would be better coordinated with the resulting General Plan if the Wilfred/Dowdell project was put on hold until after the General Plan update. The Wilfred/Dowdell Specific Plan Area was retained in the 2000 General Plan. In 2002, staff was directed to resume the project, and a Revised Draft Specific Plan was prepared. MACTEC Engineering was hired to complete additional environmental work for a Revised EIR. The Draft Specific Plan was further refined and a second revised Draft was published in January 2007. After public review in Spring 2008 and final specific plan revisions, the Planning Commission reviewed the project in August 2008 and recommended it to the City Council, who certified the EIR and approved the project on September 23,2008. On August 5, 2009, the Local Agency Formation Commission (LAFCO) approved the annexation, and Wilfred-Dowdell Specific Plan Area boundary maps were recorded on December 10, 2009. In total, the City has incurred over $345,000 in costs for the processing of the specific plan, EIR, Supplemental EIR, and annexation. (See Attachment B: Wilfred/Dowdell Specific Plan Processing Costs.) The City has neither been reimbursed for this work, nor has the original specific plan reimbursement fee been revised from what was originally established in 1998. At present, a hotel project proposed for the "Village North" section has been submitted to Development Services for site plan and architectural review. However,in order for any . WilfredlDowdell development projects to move forward, additional biological assessments and consultation with Federal and State regulatory agencies are needed for CEQA compliance as called for in the EIR. In order to keep the hotel project moving, the developers of the Village North project - "Initial Developers" in the Wilfred/Dowdell Specific Plan - are prepared to front the costs for the work as described in Attachment C: Fifth Amendment to the Consultant Services Agreement with MACTEC Inc. for Biological-Environmental Servicesfor the Wilfred Dowdell Specific Plan Project. This amendment is for $64,025. This work benefits not just the Village North parcel, but the entire Wilfred/Dowdell Specific Plan. ATTACHMENT A: June 14, 2011 Staff Report Page 4 of 8 ISSUE (1) Since benefits accrue to Wilfred/Dowdell Specific Plan property owners/developers due to the specific plan preparation and CEQA environmental review undertaken by the City, with costs reimbursed by the Initial Developer, the Wilfred/Dowdell Specific Plan property owners/developers should share the costs. The development of the Specific Plan and recent annexation of properties in the Wilfred/Dowdell Specific Plan increases the properties' development potential for commercial projects. The Wilfred/Dowdell Specific Plan provides for up to 302, 114gross square feet of regional commercial uses, including larger scale, region-serving retail, offices, personal service establishments, restaurants, and small hotels (100 or fewer rooms total). Higher intensity uses such as larger hotels can be developed with conditional use permits. Without the specific plan and annexation, the allowable land uses would remain as agricultural and rural residential, and could not be developed to higher commercial intensities which generally reap higher property values and greater potential economic return. The costs to be fronted by the Initial Developer (in this case, Baney Corporation dba Oxford Suites) will also provide benefit to property owners/developers that follow, as this supplemental environmental work done in advance offuture development will reduce the scope and cost of the environmental review that would be otherwise be required of those future development projects. As the benefits from increased development potential accrue to specific individuals or groups (i.e. property owners/developers of the Wilfred/Dowdell Specific Plan), staff believes that the costs for the specific plan, EIR, annexation and CEQA compliance should be shared by those property owners or developers. Costs not recovered from the property owners or developers that benefit from specific plan preparation are costs that are borne by taxpayers instead, through the General Fund. (2) Legal authority already exists in State Law and local ordinance for cost recovery through a specific plan reimbursement fee mechanism Both the California Government Code and the Rohnert Park Municipal Code provide the City the authority to defray these costs as follows: · California Government Code 65456 provides City authority to recoup specific plan costs Cities are able to initiate the preparation of a specific plan by statute. California Government Code Section 65450 states that "after the legislative body has adopted a general plan, the planning agency may... prepare specific plans for the systematic implementation of the general plan for all or part of the area covered by the general plan." G.C. Section 65456 further provides that "the legislative body, after adopting a specific plan, may impose a specific plan fee upon persons seeking governmental approvals which are required . to be consistent with the specific plan. The fees shall be established so that, in the aggregate, they defray but as estimated do not exceed, the cost of preparation, adoption, and administration of the ATTACHMENT A: June 14, 2011 Staff Report Page 5 of 8 specific plan, including costs incurred pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code." By the authority provided by G.c. Sections 65450 and 65456, even if there were no interested property owners requesting the Wilfred/Dowdell Specific Plan and annexation, the City would still have the statutory right to develop the specific plan as well as impose fees to future developers in the Wilfred/Dowdell Specific Plan Area after the specific plan adoption. · Rohnert Park Municipal Code, Chapter 17.06.450, allows the City to carry out the intent of Government Code 65456. Section 17.06.450 of the Rohnert Park Municipal Code allows the City Council to adopt by resolution, a fee schedule for "costs incurred in the preparation, adoption, and implementation of a specific plan including the preliminary application and costs incurred pursuant to CEQA." Section 17.06.450 also provides that the fees can be "amended from time to time." . The Cost Recovery Ordinance intends for the City to recoup its costs. The intent of Rohnert Park Municipal Code, Chapter 3.32 Cost Recovery - Fee Service Charge System (Cost Recovery Ordinance) is to establish fees for the "recovery of the costs of the city in providing certain services, products and regulatory activities." As both a regulatory activity and an activity specifically benefitting Wilfred/Dowdell Specific Plan property owners / developers, the preparation and implementation of the specific plan clearly meets the Cost Recovery Ordinance's definition of "service" as: (I) any activity provided by the city for the direct and measurable benefit of specific individuals, entities or properties; or (2) any activity provided by the city in response to the specific request of individuals or entities; or (3) any regulatory oversight provided by the city that can be reasonably attributed to activities affecting specific individual, entities or properties. The Cost Recovery Ordinance also supports the establishment of the specific plan fee to include: 1) Direct costs including, but not limited to, salaries, wages, overtime, fringe benefits, contract services and any other direct expense incurred in providing the service; 2) Indirect costs including, but not limited to, maintenance and operations of city buildings and equipment, communication expenses, computer costs, printing and reproduction, vehicle expenses, insurance, debt service,depreciation expenses and other indirect costs when distributed as a percentage of direct costs; 3) General overhead including, but not limited to, the costs of the city, its city council, its officials and departments distributed as a percentage of direct cost. PROPOSED SPECIFIC PLAN REIMBURSEMENT FEE: The establishment of a Wilfred/Dowdell Specific Plan Reimbursement Fee ("Wilfred/Dowdell Reimbursement Fee") is proposed to recover the costs incurred by the City and Initial Developer for ATTACHMENT A: June 14, 2011 Staff Report Page 6 of 8 expenses associated with preparing and adopting the Wilfred/Dowdell Specific Plan, including costs incurred pursuant to CEQA for the Wilfred/Dowdell Specific Plan. The fee structure is described below: (1) Amount of Fee. The Wilfred/Dowdell Reimbursement Fee charged for each parcel would be based on that parcel's share of developable acreage within the Wilfred/Dowdell Specific Plan acreage. The amount of fees due from each parcel would be as calculated as follows: Allocation of Wilfred Dowdell Specific Plan Reimbursement Fee The following formula shall be used to allocate the Reimbursable Costs over all Developable Acreage anticipated to be developed within the Specific Plan: (Parcel Acreage 7 Total Developable Acreage) = Percentage Share of Reimbursable Costs Total developable acreaQe Total SpElcific Plan Acreage public right-of-way': Less Public Right-of-Way 25.40 acres - 0.30 acres Total developable acreage 25 10 acres , Public right-of-way derives no increased benefit from specific plan and therefore is not subject to payment of the Wilfred Dowdell Reimbursement Fee Reimbursable costs Specific Plan Costs incurred by City as of April 30, 2011: Plus anticipated costs pursuant to CEQA approved by City $345,652.69 + $64.025.00 Total reimbursable costs $409 677 69 PercentaQe Share of Wilfred Dowdell Specific Plan Costs and ResultinQ Fee Amount Parcel No. Parcel Acreage Percentage share Fee Amount of specifiC plan costs 045-075-001 2.51 10.00% $40,967.77 045-075-002: 1.25 4.98% $20,402,28 045-075-003: 1.25 4.98% $20,402.28 045-075-005: 5.06 20.16% $82,588.41 045-075-006: 5.08 20.24% $82,914.85 045-075-008: 3.78 15:06% $61,696.48 045-075-009: 1.26 5.02% $20,565.49 045-075-010: 0.16 0.64% $2,611.49 045-075-011 : 0.05 0.20% $816.09 045-075-012: 0.12 0.48% $1,958.62 045-055-007 4.58 18.25% $74,753.94 Total 25.10 acres 100% $409,677.69 (2) Time of Payment. The Wilfred/Dowdell Reimbursement Fee would be paid by property owners/developers seeking governmental approvals for development within the Wilfred/Dowdell Specific Plan, as a condition to issuance of the first discretionary approval including, without limitation, approvals for development agreements, land use entitlements, subdivision maps, ATTACHMENT A: June 14, 2011 Staff Report Page 7 of 8 parcel maps or land divisions, zoning or rezoning, or building permits. The Wilfred/Dowdell Reimbursement Fee would be payable at the time of application of the first entitlement. (3) Creation of a :Fee Account and Uses of Fee Revenue. Wilfred/Dowdell Reimbursement Fees collected will be deposited in a restricted account maintained by the City. Revenue generated from the Wilfred/Dowdell Reimbursement Fee will be used only to reimburse the City and/or Initial Developer for eligible costs incurred in the preparation and adoption of the Wilfred Dowdell Specific Plan and costs incurred pursuant to CEQA for the Wilfred/Dowdell Specific Plan. (4) Credits and Reimbursements. An Initial Developer who has provided for the additional costs of the Wilfred/Dowdell Specific Plan implementation or processing pursuant to CEQA will be entitled to a receive a credit for City-approved reimbursable costs against their Wilfred/Dowdell Reimbursernent Fee due. If an Initial Developer provides for additional City- approved reimbursable costs in an amount that exceeds their Wilfred/Dowdell Reimbursement Fee obligation, they would receive reimbursements, subject to City approval and funds being available in the specific plan fee account. RECOMMENDATION: Staff recommends that the Council provide feedback on the fee update information presented so that a final analysis can be made, and should the Council so direct, a fee schedule and resolution can be brought forward for a public hearing and Council's consideration for adoption a future date. \.,:;\.h, ':,4RJ7y9l_:'(,yY:))'\.~. 6 ATTACHMENT A: June 14, 2011 Staff Report Page 8 of 8 Attachments A -C of the June 14,2011 staff report were removedto reduce agenda packet size. The Attachments are the same as the Exhibits to the Resolution as follows: Attachment A: Rohnert Park City Council Reso. No. 98-45 ~ EXHIBIT C to Resolution Attachment B: Wilfred Dowdell Specific Plan Processing Costs ~ EXHIBIT A to Resolution Attachment C: Fifth Amendment to the Consultant Services Agreement with MACTEC Inc. for Biological-Environmental Services for the Wilfred Dowdell Specific Plan Project ~ EXHIBIT B to Resolution RESOLUTION NO. 2011-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ESTABLISHING WILFRED/DOWDELL SPECIFIC PLAN REIMBURSEMENT FEE AND SUPERSEDING SPECIFIC PLAN FEE ESTABLISHED BY RESOLUTION NO. 98-45 WHEREAS, on February 24, 1998, the City Council adopted Resolution No. 98-45, directing the preparation ofthe Wilfred/Dowdell Specific Plan and establishing a specific plan fee schedule to collect $63,581 from property owners and/or developers in the Wilfi'ed/Dowdell Specific Plan Area ("Specific Plan Area") for the estimated cost of preparation, approval and administration of the Wilfred/Dowdell Specific Plan ("Specific Plari"); WHEREAS, the City incurred costs to prepare the Specific Plan, Environmental Impact Report ("EIR"), and Supplemental EIR for the Specific Plan; WHEREAS, the City Council certified the EIR for the project and adopted the Wilfred/Dowdell Specific Plan on September 23, 2008; WHEREAS, the Specific Plan Area was approved for annexation by the Local Agency Formation Commission on August 5, 2009 and the boundary maps were recorded by the County of Sonoma on December 10, 2009; WHEREAS, the total costs incurred by the City in preparing the Wilfred/Dowdell Specific Plan and its supporting documents totaled $345,652.69 as of April 30, 2011; WHEREAS, Baney Corporation dba Oxford Inns and Suites ("Initial Developer"), is currently processing development permits for the Oxford Suites Hotel project in the North Village portion of the Specific Plan Area and, in compliance with the terms of an existing Reimbursement Agreernent dated January 14,2011, and reasonably expects to incur at least $64,025.00 in additional costs for environmental review required pursuant to CEQA; WHEREAS, the City Council finds and determines as follows: A. The Specific Plan was prepared and adopted by the City to facilitate the orderly and systematic development ofthe Specific Plan Area through the establishment of a comprehensive planning prograrn consistent with the Rohnert Park General Plan. B. Persons or entities seeking to develop projects in the Specific Plan Area derive substantial benefits from the preparation and adoption of the Wilfred/Dowdell Specific Plan in that: 1. Environmental documents prepared in connection with the Wilfred/Dowdell Specific Plan, including the EIR and Supplemental EIR and additional environmental review documents to be prepared in connection with Initial Developer's application, reduce the scope and cost of subsequent environmental review that otherwise would be required in connection with Specific Plan Area development projects; 2. Preparation ofthe Specific Plan substantially reduces the scope and cost of planning review otherwise required in connection with Specific Plan Area developments projects; C. California Governrnent Code Section 65456 allows that the City Council "after adopting a specific plan, may impose a specific plan fee upon persons seeking governmental approvals which are required to be consistent with the specific plan. The fees shall be established so that, in the aggregate, they defray but as estirnated do . not exceed, the cost of preparation, adoption, and administration of the specific plan, including costs incurred pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code." D. Rohnert Park Municipal Code 17.06.450 allows the City Council to adopt by resolution, a fee schedule for "costs incurred in the preparation, adoption, and implementation of it specific plan including the preliminary application and costs incurred pursuant to CEQA." E. A specific plan reimbursement fee as contemplated by California Government Code Section 65456 and Rohnert Park Municipal Code 17.06.450 is not a tax subject to the supermajority voting provisions of Article XIII of the California Constitution as amended by Proposition 26, but is an exception under Section 1 (e)(l) and (6) of Article XIII C ofthe 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: (1) A charge imposedfor a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government ofconferring the benefit or granting the privilege.... (6) A charge imposed as a condition of property development. F. Through April 30, 2011, the City has incurred $345,652.69 in costs documented in Exhibit A: Wilfred/Dowdell Specific Plan Processing Costs as of April 30, 2011. G. The Initial Developer of the "North Village" portion of the Specific Plan Area expects that in order to bring their proposed project to completion, additional costs must be incurred pursuant to CEQA for development within the Specific Plan Area, including, but not limited to, the anticipated costs of$64,025.00 shown in Exhibit B: Fifth Amendment to the Consultant Services Agreement with MACTEC Inc. for Biological-Environmental Services for the Wilfred Dowdell Specific Plan Project. H. The costs shown in Exhibit A and Exhibit B total $409,677.69 and are reimbursable costs pursuant to California Government Code Section 65456 and Rohnert Park Municipal Code 17.06.450. These costs exceed that ofthe original fee of$63,581 established by Rohnert Park City Council and shown in Exhibit C: Rohnert Park City Council Resolution No. 98-45. 1. City staff anticipates that additional costs for the administration of the Wilfred/Dowdell Specific Plan may be incurred. Pursuantto Rohnert Park Municipal Code 17.06.450F, City staffwill report to the City Council least once every year or more frequently as needed, the updated costs of the preparation, adoption and administration of the Wilfred/Dowdell Specific Plan, and may request that the City Council consider amending the Wilfred/Dowdell Specific Plan Reimbursement Fee as established by this Resolution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. 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,... Section 3. Fee Established. The Wilfred/Dowdell Specific Plan Reimbursement Fee ("Wilfred/Dowdell Reimbursement Fee") is established to reimburse the City and Initial Developer for expenses associated with preparing and adopting the Wilfred/Dowdell Specific Plan, including costs incurred pursuant to CEQA for the Wilfred/Dowdell Specific Plan. The Wilfred/Dowdell Reimbursement Fee is a permit processing fee to reimburse the City for costs incurred in the adoption of the Wilfred/Dowdell Specific Plan. It is not a monetary exaction for the purposes of defraying the costs of public facilities. Payment of the Wilfred/Dowdell Reimbursement Fee is in addition to any applicable fee(s) which may be imposed to offset impacts to public facilities. Section 4. Amount of Fee. The Wilfred/Dowdell Reimbursement Fee charged for each parcel is a prorated amount in accordance with the applicant's relative benefit derived from the specific plan, as nearly as can be estimated. For the purposes of estimating relative benefit, the amount ofthe Wilfred/Dowdell Reimbursement Fee is based on a prorated share of developable acreage within the Wilfred Dowdell Specific Plan acreage. The amount of the Wilfred/Dowdell Reimbursement Fee allocated to each parcel is calculated below: Allocation of Wilfred Dowdell Specific Plan Reimbursement Fee The following formula shall be used to allocate the Reimbursable Costs over all Developable Acreage anticipated to be developed within the Specific Plan: (Parcel Acreage.;. Total Developable Acreage) = Percentage Share of Reimbursable Costs Total developable acreaQe Total Specific Plan Acreage public right-of-way': Less Public Right-of-Way 25.40 acres - 0.30 acres Total developable acreage 25 10 acres , Public right-of-way derives no increased benefit from specific plan and therefore is not subject to payment of the Wilfred Dowdell Reimbursement Fee Reimbursable costs Specific Plan Costs incurred by City as of April 30, 2011: Plus anticipated costs pursuant to CEQA approved by City $345,652.69 + $64.025.00 Total reimbursable costs $409 677 69 PercentaQe Share of Wilfred Dowdell Specific Plan Costs and ResultinQ Fee Amount Parcel No. Parcel Acreage Percentage share Fee Amount of specific plan costs 045-075-001 2.51 10.00% $40,967.77 045-075-002: 1.25 4.98% $20,402.28 045-07.5-003: . 1.25 4.98% $20,402.28 045-075-005: 5.06 20.16% $82,588.41 045-075-006 : 5,08 20.24% $82,914.85 045-075-008: 3.78 15.06% $61,696.48 045-075-009: 1,26 5.02% $20,565.49 045-075-010: 0.16 0.64% $2,611.49 045-075-011 : 0.05 0.20% $816.09 045-075-012: 0.12 0.48% $1,958.62 045-055-007 4.58 18.25% $74,753.94 Total I 25.10 acres I 100% $409,677.69 Section 5. Time of Payment. The Wilfred/Dowdell Reimbursement Fee shall be due and payable prior to the issuance of a building permit, or at time of application of subdivision map or parcel map, whichever comes first. Section 6. Uses of Fee Revenue. Revenue generated from the Wilfred/Dowdeil Reimbursement Fee shall be used only to reimburse the City and/or Initial Developer for costs incurred in the preparation and ,adoption of the Wilfred/Dowdell Specific Plan and costs incurred pursuant to CEQA for the Wilfred/Dowdell Specific Plan. Section 7. Creation of Fee Account. Wilfred/Dowdell Reimbursement Fees collected shall be deposited in a restricted account maintained by the City. Revenue within this account, and any interest accrued thereon, shall be used solely for the purpose set forth by this Resolution. Once monies in the account are disbursed to reimburse the City for its costs incurred, those monies shall be unrestricted revenl1e of the City. Section 8. Refunds. No applicant shall be entitled to a refund of the Wilfred/Dowdell Reimbursement Fee collected if, for any reason, development subject to the Wilfred/Dowdell Reimbursement Fee does not proceed. Section 9. Exemptions. The fee shall not apply to building permits for reconstruction and expansion of legal non-conforming residential uses in the Specific Plan Area as determined by the City Manager or designee. Section 10. Appeals. Appeal of any reimbursement fee imposed pursuant to this Resolution shall be made in accordance with the appeal procedures established in the Rohnert Park Municipal Code for the City Council. Section 11. Amendments to Fee. This fee may be reviewed and amended by resolution from time to time as provided by Rohnert Park Municipal Code 17.06.450. Section 12. Severability. 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 inval.id provisions. BE IT FURTHER RESOL VED, that the Wilfred/Dowdell Specific Plan Reimbursement Fee established by this resolution supersedes the specific plan fee established by Resolution No. 98-45 shown in Exhibit C: Rohnert Park City Council Resolution No. 98-45. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park on this 26th day of July, 2011. A TrEST: CITY OF ROHNERT PARK City Clerk Mayor EXHIBIT A: Wilfred Dowdell Specific Plan Processing Costs as of April 30 2011 Pape 1 of 4 Wilfred Dowdell Specific Plan Processing Costs Summary and Notes SPECIFIC PLAN PROCESSING COSTS SUMMARY Item EIR Contract & Supplemental EIR Contract Specific Plan Processing and Annexation Total Costs to Date $253,210.45 $92,442.23 SPECIFIC PLAN PROCESSING COSTS THROUGH 4/30/2011 $345,652.69 Notes: (1) This accounting includes costs of consultants invoiced and paid through 4/30/2011 and staff services rendered through 4/30/2011 for: Preliminary Specific Plan Specific Plan Environmental Impact Report (EIR) Supplemental EIR Annexation Studies and development of environmental mitigation and monitoring program as required by the EIR (2) City Staff Project Time is based on hourly rates and/or fully burdened hourly rates (i.e. hourly rates + overhead as determined by fee st in place at the time staff labor costs were incurred. (3) 20% EIR Administrative Fee covers Planning staff labor costs through the completion of the Supplemental EIR The 20% EIR Administrative Fee is not applied to environmental consultant costs associated with carrying out studies required by the EIR and Supplemental EIR Instead, the 7% City Administrative Fee is applied to the cost of these activities, and staff labor costs are directly charged. (4) 7% City Administrative Fee is applied to all other consultant costs, (5) No administrative fee is applied to services (Le, printing, public noticing)and other agency fees. (6) No administrative fee is applied to staff labor costs. EXHIBIT A: Wilfred Dowdell Specific Plan Processing Costs as of April 30 2011 Paae 2 of4 Wilfred Dowdell Specific Plan Processing Costs EIR and Supplemental EIR costs Last updated 5/2/11 Costs through 4/30/11 Company/Organization PARSONS HBA Total Contract Expenditures amount to Date" $ 89,282.00 $ 89,272,00 Company/Organization PARSONS HBA ~_._-----,~._--~~----~- PARSONS HBA PARSONS HBA PARSONS HBA PARSONS HBA Invoice No. 1468785 Invoice Date 11/2/98 Dec. 98 1/31/99 4/1/99 Amount ___9!~~9.:9_~ 24,840.00 27,380.00 10,044,00 17,668.00 1545123 1592690 Subtotal City administrative fee 20% TOTAL CONSULTANT: $ 89,272.00 17,854.40 107,126.40 " Supported by attached documentation Company/Organization Invoice No. Invoice Date Date Paid Che.ck No Amount MACTEC Engineering and Consulting 8094452 6/16/04 6/30/04 146158 1,911.00 MACTEC Engineering and Consulting 8100011 7/26/04 8/11/04 146618 705.25 MACTEC Engineering and Consulting 8106272 8/30/04 9/15/04 147427 564.90 MACTEC Engineering and Consulting 8111631 9/29/04 10/13/04 147986 1,284.68 MACTEC Engineering and Consulting 8117371 11/3/04 11/9/04 148714 1,480.53 MACTEC Engineering and Consulting 8123898 12/3/04 12/14/04 149455 2,849.43 MACTEC Engineering and Consulting 8127687 12/31/04 1/12/05 149944 710.26 MACTEC Engineering and Consulting 8133495 2/4/05 2/15/05 150856 7,424.45 MACTEC Engineering and Consulting 8137475 3/4/05 4/6/05 151837 5,521.15 MACTEC Engineering and Consulting 8141651 5/4/05 5/18/05 451973 5,715.79 MACTE~~!:l..Q.~~~iE!fL~rJd Consulting 8146319 6/3/05 6/15/05 152876 . _1,..ll9~0_ MACTEC Engineering and Consulting 8151908 6/29/05 6/30/05 153440 4,123.40 MACTEC Engineering and Consulting 8156115 8/1/05 8/16/05 154278 2,163.71 MACTEC Engineering and Consulting 8159705 8/1/05 8/16/05 154798 428.08 MACTEC Engineering and Consulting 8163947 8/19/05 9/23/05 155792 7,065.64 MACTEC Engineering and Consulting 8167981 9/22/05 10/5/05 156002 17,674.40 MACTEC Engineering and Consulting 8174312 11/1/05 11/17/05 157011 6,992.91 MACTEC Engineering and Consulting 8183801 12/23/05 1/31/06 158465 1,174.31 MACTEC Engineering and Consulting 8201916 5/2/06 6f7106 161338 1,131.24 MACTEC Engineering and Consulting 8207063 5/31/06 6/30/06 162184 5,012.37 MACTEC Engineering and Consulting 8212723 6/30/06 6/30/06 162574 6,636.78 MACTEC Engineering and Consulting 8215638 8/2/06 8/16/06 165692 356.74 MACTEC Engineering and Consulting 8219420 8/28/06 9/20/06 163792 432.34 MACTEC Engineering and Consulting 8230663 11/6/06 11/15/06 165043 853.13 MACTEC Engineering and Consulting 8224334 9/27/06 11/15/06 165043 981.75 MACTEC Engineering and Consulting 8232347 11/27/06 12/20/06 165973 577.50 MACTEC Engineering and Consulting 8240073 1/29/07 2/26/07 167395 1,141.38 MACTEC Engineering and Consulting 8245406 3/2/07 3/21/07 167956 _J})_1}:~5__ --..-------------- -------- - --- --- MACTEC Engineering and Consulting 8250033a 3/30/07 7/27/07 170492 1,993.53 MACTEC Engineering and Consulting 8254919 5/4/07 6/1/07 169680 1,929.88 MACTEC Engineering and Consulting 8266859 7/20/07 9/11/07 171683 1,429.48 MACTEC Engineering and Consulting 8274503 8/31/07 12/3/07 172274 2,686.36 MACTEC Engineering and Consulting 8296675 2/15/08 2/29/08 176133 2,105.91 MACTEC Engineering and Consulting 8302133 3/28/08 4/11/08 177261 2,812.01 MACTEC Engineering and Consulting 8306464 5/2/08 6/4/08 178444 230.00 MACTEC Engineering and Consulting 8317548 7/31/08 9/24/08 181099 2,225.56 MACTEC Engineering and Consulting 8321154 8/22/08 9/24/08 181099 668.63 MACTEC Engineering and Consulting 8340502 2/9/09 7/15/09 187232 11,233.78 Subtotal 121,736.71 City administrative .fee 20% 24,347.34 TOTAL CONSULTANT: $ 146,084.05 TOTAL EIR CONSULTANTS: $ 253,210.45 EXHIBIT A: Wilfred Dowdell Specific Plan Processina Costs as of April 30. 2011 Page 3 of4 Wilfred Dowdell Specific Plan Processing Costs Specific Plan Processing Last updated 5/23/11 Costs through 4/30/2011 1.E:~ALAND CONSOl.tING$URfl()RT~E~\lIGES Paid Company/Organization Invoice No. Date Date Paid Check No Amount _\I\/_hitl()C;k_&.\fV~irl~~rg~r'T~<l...n~f>~r!~!ion, Inc. 2218 3/27/00 4/20/00 104762 ___~~5Jl~ -~'~--~-~-~'--'----- .- ----~--- _.._------.-,- Whitlock & Weinberger Transportation, Inc. 2164 2/28/00 6/9/00 105957 2,360.35 Whitlock & Weinberger Transportation, Inc. 2270 4/24/00 6/9/00 105957 1,650.00 Whitlock & Weinberger Transportation, Inc. 2361 5/29/00 1 0/6/00 110427 605.00 Whitlock & Weinberger Transportation, Inc. 2395 6/26/00 10/6/00 110427 110,00 Whitlock & Weinberger Transportation, Inc. 2459 7/31/00 10/6/00 110427 275.00 Whitlock & Weinberger Transportation, Inc. 2521 8/28/00 10/6/00 110427 1,009.00 Whitlock & Weinberger Transportation, Inc. 2581 9/25/00 11/9/00 111267 1,457.50 Whitlock & Weinberger Transportation, Inc. 2649 10/30/00 11/30/00 111829 5,539,20 Whitlock & Weinberger Transportation, Inc, 2725 11/27/00 1/12/01 112934 1,135.00 Whitlock & Weinberger Transportation, Inc. 2803 1 /2/01 2/9/01 113638 408.65 Whitlock & Weinberger Transportation, Inc, 2898 1/29/01 2/23/01 113898 110.00 Whitlock & Weinberger Transportation, Inc. 2986 2/26/01 3/9/01 114319 1,207.50 Whitlock & Weinberger Transportation, Inc. 3077 3/26/01 4/5/01 115003 330.00 Winzler & Kelly Consulting Engineers 12472 11/24/04 2/7/05 153080 546.75 Winzler & Kelly Consulting Engineers 13096 12/13/04 5/25/05 153080 525.50 Winzler & Kelly Consulting Engineers 14702 3/17/05 5/25/05 153080 212,00 _ ___lIIIc[)onough_H.oJIClnc!s. AII~_ 178556 7/27/06 8/9/06 162663 202.80 ---~"-"------~---------------"-"--'----'-~'---~',,-.----- McDonough Holland & Allen 179953 8/31/06 9/15/06 163681. 1,054.56 McDonough Holland & Allen 181115 9/28/06 10/19/06 164397 3,240.12 McDonough Holland & Allen 182125 10/31/06 11/15/06 165049 3,850,08 McDonough Holland & Allen 183062 11/29/06 12/13/06 165699. 450,84 McDonough Holland & Allen 184071 12/23/06 1/17/07 166347 1,414.92 McDonough Holland & Allen 185158 1/29/07 2/7/07 166935 932.88 McDonough Holland & Allen 186406 2/24/07 3/14/07 167787 503,88 McDonough Holland & Allen 187389 3/27/07 4/25/07 168838 2,988,96 McDonough Holland & Allen 189456 5/24/07 6/6/07 169857 85.80 McDof!ough Holland & Allen 190287 6/23/07 6/23/07 Accrued 2,516.80 McDonough Holland & Allen 191660 7/31/07 6/30/07 171684 1,038.44 McDonough Holland & Allen 192312 8/27/07 1 0/3/07 172405 1,009.32 Winzler & KEllly Consulting Engineers 31870 9/17/07 10/17/07 172882 1,764.00 McDonough Holland & Allen 193534 9/29/07 10/31/07 173101 163.80 Winzler & Kelly Consulting Engineers 32371 1 0/16/07 11/14/07 173504 1,134.00 Winzler & Kelly Consulting Engineers 33730 12/24/07 1/16/08 175049 378.00 ~.IIi1c;Qon()~~ Holland & Allen 196810 12/28/07 1/16/08 174981 932.88 ...----- -. ."- ---------_.._-------_.._..._~------_._._-~---- . --~------_.._-,._-----._...._..- McDonough Holland & Allen 199796 3/31/08 5/14/08 178054 301.60 McDonough Holland & Allen 203520 7/31/08 6/30/08 180678 507.00 McDonough Holland & Allen 204455 8/27/08 1 0/8/08 181487 4,089.80 McDonough Holland & Allen 205261 9/26/08 10/15/08 181584 642.20 Coastland Civil Engineering, Inc. 29205 10/31/08 12/3/08 182491 4,109.25 Coastland Civil Engineering, Inc. 29280 11/30/08 12/17/08 182919 451 .25 McDonough Holland & Allen 207341 11/26/08 1/21/09 183524 257.40 McDonough Holland & Allen 206334 10/31/08 1/21/09 183524 1,437.80 Coastland Civil Engineering, Inc, 29686 3/31/09 4/29/09 185478 267.50 Alicia Giudice 2009-121 12/10/09 12/22/09 190110 580.00 North Fork Associates PL09-052-01 12/31/09 2/8/10 190931 174.36 North Fork Associates PL09-052-69 3/7/11 3/16/11 198136 751.25 North Fork Associates PL09-052-75 4/7/11 4/27/11 198827 289.25 Subtotal 61,327.19 City administrative fee 7% 4,292.90 SUBTOTAL CONSULTANTS: $ 65,620.09 EXHIBIT A: Wilfred Dowdell Specific Plan Processinc Costs as of April 30 2011 Pace 4 of 4 Wilfred Dowdell Specific Plan Processing Costs Specific Plan Processing Last updated 5/23/11 Costs through 4/30/2011 Company/Organization Invoice No. Date Date paid Check No Fedex Kinko's 109000003173 2/22/07 3/14/07 167775 --------~~-- The Community Voice 8498 9/12/08 9/24/08 181074 Sonoma County Clerk n/a 9/23/08 9/24/08 181137 Sign-A-Rama 5186 8/22/08 9/24/08 181134 The Community Voice 8613 10/17/08 10/17/08 181794 Sonoma County Clerk n/a 4/14/09 4/15/09 185410 Sonoma LAFCO n/a 4/14/09 4/15/09 185411 The Community Voice 8433 8/15/08 6/30/09 181074 CA Board of Equalization n/a n/a 10/30/09 189233 Your Other Office, Inc. 3713 11/18/09 12/2/09 189733 Amount 872.24 214.50 2,656.75 1,003.99 173.25 50.00 5,800.00 103.50 1,200.00 22.89 SUBTOTAL $ 12,097.12 CITY'ST)\FFiPRQ4EG1"TII\IIE City staff time (Engineering) 2005 City staff time (Engineering) 2006 City staff time (Engineering) 2007 .. m. g~y'~!a_~tirrl~~~9l~e~rillg) 200~___ City staff time (Engineering) 2009 City staff time (Dev. Services) 2010 City staff time (Dev, Services) through 3/11 City staff time (Dev. Services) through 4/11 Draft EIR; mtgs; correspondence; files Draft EIR;mtgs.; correspondence; prelim. plan. review Draft EIR; correspondence; specific plan review; files Draft EIR; final draft EIR; reorganization; files Specific plan review; annexation; files ROW issues; street imprvmnts; mtgs; corrspdnc; files Accounting; files Accounting; files; biological assessment SUBTOTAL $ 115.50 1,059.12 798.35 1,968.30 3,405.25 1,665.00 2,121.00 3,592.50 14,725.02 PROCESSING TOTAL: $ 92,442.23 EXHIBIT B: Fifth Amendment to the Consultant Services Agreement with MACTEC Inc. Page 1 of 8 FIFTH AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH MACTEC, INC FOR ENVIRONMENTAL-BIOLOGICAL SERVICES FOR THE WILFRED . DOWDELL SPECIFIC PLAN PROJECT This Fifth Amendment to the Agreement between the City of Rohnert Park ("City") and MACTEC, Inc ("Consultant") for additional services ("Fifth Amendment") is entered into as of the 9 th day of March , 20 ~ , ("Effective Date"), by and between City and Consultant. RECITALS A. City and Consultant are parties to that celiain Agreernent for Services for the Wilfred Dowdell Specific Plan dated February 19,2004 for an amount of $63,973.00. 1. On September 14, 2004, the City Council approved Resolution No. 2004-234 authorizing the First Amendrnent to the Agreement for an additional amount of$35,000. 2. On July 24,2007, the City Council approved Resolution No. 2007-12 authorizing the Second Amendment to the Agreement for an additional amount of$5,600. 3. On December 3,2008, the Third Amendment to the Agreement was authorized through the Purchasing Ordinance for an additional amount of$6,000. 4. On December 9,2008 the City Council approved Resolution No 2008-195 authorizing the Fourth Amendment to the Agreement for an additional amount of$1}, 300. B. City and Consultant now desire to enter into this Fifth Amendment to provide for additional work as described below. AGREEMENT NOW, THEREFORE, in consideration of the following mutual promises, the parties hereby amend the Agreement as follows: 1. Scope of Services. In addition to the services provided under the Agreement, as amended, Consultant shall provide additional services, including but not lirnited to, the preparation of necessary plans, modification of reports & documents, and additional meetings as described in the attached Exhibit A. 2. Compensation. Consultant shall perform the services described in this Fifth Amendment for a total not-to-exceed amount of$ 64, 025.00 3. Agreement in Effect. Except as modified by the plior four amendments, and by this Fifth Amendment, the Agreement shall remain in full force and effect. 4. Counterpart Signatures. This Fifth Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. IN WITNESS THEREOF, the parties have executed this Fifth Amendment as ofthe date first written above. CITY OF ROHNERT PARK: CONSULTANT: I By:~,~9~_~ /~ Gabriel A. Gonzalez, City Mager (Vate) Per Resolution No. 2011 -1 7 adopted by the Rohnert Park City Council on March 8 ,20ll. By:~ Name: Title:_ City Attorney 2 EXHIBIT B: Fifth Amendment to the Consultant Services Agreement with MACTEC Inc. Page 2 of 8 I 7f/J-BJ / I (Date) / (Date) EXHIBIT B: Fifth Amendment to the Consultant Services Agreement with MACTEC Inc. Page 3 of 8 . MACTEC ~~ engineering and constructing a bettertomorrow February 112011 Ms.1v.1!;u:ilyn PpJ1ton . CityqfRohtteitPark PJa~riing:Department 130 Avram Avenue Rohn.ert Park, California 94927 Subject Proposill~~dF~e~st~m~t~ - Reyised .:a,i91.ogica~ Consulting SerVices W.iif:redDoWdeIl ~pedfiePrai1 Area Rohnmp:~rk,:Caiirornia .... . MAC!f~CPropt)~~l No, PRO~~OBAYA.I03 Dear Ms.Pol}ton: MAtTEO Ei1gineenhgan~'Consl}lti~g, 1he. (NIActE(;);s.:pIt;laseiltpsubmittliis revised proposal to the.(;ity ()fRQhl1~rfP~tk(th~ q,ty) jl1respops~toYo:ur.re.que$t. The work was regl)est'ecl during o.ur Decetn&er rO..2Q1 Q. :telephone :c()rtvetsatibn and lsto.cort:duct biqlogica;1 i;ollsulti\lg ser:yicesassocfuted with the devdopmetit ortheWilfied Dowdell 'Specific Plan Area- V]ll~geNprth.Parcels ill Rohnert Park~C!iIifori1ia (Sit~). The City has tequesred:ihescqpetOJI1Clude:both the VilIagf3, Npf:UiaI.l(1 YiUllgeSputh parcel~> which enc6m:passesapproxrti1atefy.24:$~~crlis divided iri.to.multiple .par<>~lsa.nd:b'i$.ectedby.WilfredAvetiUe. The parcelslite.I(jcfiteq.9nlb* WeSJ siQ~ofHjghwayiQI bet\v@nD~.wdeJl A ventieand RedW(jod Dr.:iveflnd~i:eb,9l;1nilePtQthe-rtorth .b.yretailpro:pefties;t6.the soilthby faUowfiel4~a,mlc9mmerciaJ prqp_erdesand.to.the.ed$t~tfatldwagdMlwr6r fie:1(js: Atthe'teques!pftQe;Cij:y~ .IV.tACrECs,oli~itc:l(J bidsJrQm.two .naturi'!! resbutces'consuliant~{Vo'I1War Cons1il~ing anqESA;ai.9tQgi(;a:U~.esoutCes)wjth demonstrated bIO:logical~~periencewhiqhMACTEC ~~~~d~w:~,~,~~~:~~gj~::t:~tfS~iliWfr?nf~t~tO~~~~~f~i~~~%~~ioa:~e:o~:~2~e~~lf. dfih.eGity in pa.st: QnJIJe.:Pa~1s.oftheJanu~iY 27-, ;26}1,meetiilg bet:\v~i): y<>u~n4Glll}' LieQ~rfi.Jiln'pf ~~~~~~~:':i;;~:t~J;r:;Jt;::~~~q@M be'~ele~te,dasU1~naipra.I.J"~~qut~es.slib~?nsyJtal1r&~sed. nACl<Gli6ul'iill Basedoh~qt:~Qrrv~r~at!~ns; 1(i$ MAGt~"c~s \1nder;st8;tidingthllt the City is prepared to. mov.e fOl'\oV<ltd wiQ1'the ~?ve.lpPln~ntQfill.e$m~.whf9h WiU~1;le. inlthited \-vltb thec6hstrJJetion9f~h~*~tllrid.il ;;~~tt1~~~~~*s1~~~ .~~~~;;~b~:ui~e~,,~ijr~~j~~.e~tql~iQq,Q\-94954.Ph6i1e':'7p7;793.3;$99.. t9x:.70t??~~3.?Po EXHIBIT B: Fifth Amendment to the Consultant Services Agreement with MACTEC Inc. Page 4 of 8 Proposalandf"e.eEstiJJ1ate, Ciiy ofRohnel:t Park MACTECPropd.vaiNo. P'R0P100AYA 10; Febhiuf)/i.27J1J Prfjpbsal BiologicalOpii1ion.. for u.s Ariny CorpsojE'ngtn(!er.s, ((jSACE) Permil(edProjects that May Affect CalifornipTigerSalamanclerand TI1}'eeElIdaftgered PlantSpecies on tire SanlaRosa Plain, Califoj'l1ia (U $. Fish and Wildlife Service [USFWSJi 2007). We appreciate the opportunity.to siibmitthi~proposal to.the Cftyapdlpok:rorward to working with you 9otl;lis and future';lssignments. Pleas~ feel fre~ to contact Gary Lieberman at (707)585-3S081fyoti nave qUestions. Yours very truly; MACTEC ENGiNEERING AND CbNStJLTiNG, INC GatyA trebelman ProjectMailager i '--'-sat,a!t Raker>P~CHG . S!3njor:Princ~Pal Geologist GAUSRtS;lC Attachments: .MAcTEC $chedoleofCharges Scope;ofWork . Sub~ntrad:or.]3ids. .iJ>P63SJ,f", WetlandsCTS .Prop[)salR.cYJ~e4. ~ EXHIBIT B: Fifth Amendment to the Consultant Services Agreement with MACTEC Inc. Page 5 of 8 Proposal and Fee Estimate, City of Rohner! Park MACTEC Proposal No, PROPlOBAYA 103 February J. 2011 Proposal SCOPE OF WORK On the basis of the City's request and the requirements ofthe EIR documents and existing regulatory commitments, the foIlow.ing scope of work is proposed. Task 1 - Background Research AECOM will review available environmental documentation, recent and historic aerial photographs, and other relevant background information provided by MACTEC and the City. This review will include conducting a review ofthe California Natural Diversity Database and the California Native Plant Society's inventory ofrare and endangered vascular plants of California to verify the continued applicability of the list ofpotentiaIIy occurring special-status plant and animal species included in the existing ErR. AECOM will also review their internal files for information generated regarding biological resources on other project sites in the vicinity ofthe Wilfred Dowdell Specific Plan Area. Task 2 - Update of 2005 Biological Assessment and Wetlands Delineation MACTEC prepared a biological assessment and preliminary delineation of waters and wetlands at the Site in January 2005; however, it appears that these documents were not submitted totheUSACE for verification due to the delay in the project. A verified delineation is typically considered valid for three years and therefore additional assessment of wetlands is necessary. An update ofthe biological assessment is also necessary in detennining the quality of habitat available for special status species known to inhabit the area in the immediate vicinity of the project area, including California Tiger Salamander (CTS). . Biologists with suitable expertise will conduct a formal delineation in order to determine the location and extent of waters and wetlands potentially considered to be jurisdictional by the USACE, State Water Resources Control Board (State Water Board), and/or California Department ofFish and.Game (CDFG). Determination of the boundaries of potential jurisdictional areas will follow standard methodologies as described in the USACE 1987 Wetland Delineation Manual and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region. Version 2. O. Features that meet the USACE's, State Water Board's, and/or CDFG's definition of potentially jurisdictional waters or wetlands will be photographed and mapped by a hand-held global positioning system (OPS) unitand/Qr by hand on available aerial imagery, topographic maps, or project maps and then downloaded/digitized onto the appropriate base map.in ArcGIS or similar electronic format. Information will al~o be recorded in order to complete the Approved Jurisdictional Delineation Form. It is, also assumed that an early spring visit will be sufficient to complete this task. If the USACE requires additional data, an expanded scope of work and cost estimate will be submitted to the City. It is assumed that no more than one Site visit will be necessary to delineate the location and extent ofpotentiaIIy jurisdictional waters and wetlands, including collecting the necessary data for the Approved Jurisdictional Delineation Form. Concurrent with the wetlands delineation, a qualified botanist and wildlife biologist familiar with the target special-status species within the region will conduct a reconnaissance-level site visit to assess the sensitivity of on-site habitats, make a preliminary assessment of the. potential for occurrence of the target special-status plant and animal species based on existing habitat availability, and identify the rieed for focused surveys. This assessment will include surveying the Site to determine if the Site could be used by the California Tiger Salamander (CTS) as'breeding and/or upland habitat. Areas of potential habitat for special~status species, vegetation communities present, plant and wildlife and species observed, and identified sensitive natural communities will be recorded and mapped during the site visit. PP63834_Wetlands CTS Proposal Revised Scope of Work EXHIBIT B: Fifth Amendment to the Consultant Services Agreement with MACTEC Inc, Page 6 of 8 Proposal and Fee Estimate, City of Rolmer! Park MACTEC Proposal No. PROP10BAYA 103 February 1, 2011 Proposal Upon completion of field activities, the biologist will synthesize the data and field maps and prepare a combined delineation report and biological assessment, including a map of potential jurisdictional waters and wetlands identified within the proposed project area (the Site). The report will be prepared in accordance with USACE San Francisco District 2007 guidance to consultants for submitting delineation reports and will be prepared to meet the requirements of the Interim Guidance on Site Assessment and Field Surveys for Determining Presence or a Negative Finding of the California Tiger Salamander (USFWS, 2003) and will include a detailed analysis of wetlands on the Site that may provide potential CTS breeding habitat. This analysis will be based on proximity to documented occurrences of the species as well as .onsite conditions such as dominant plant communities, the presence of burrows or other aestivation habitat, and potential migration barriers. The report will include a regional vicinity map of documented occurrences ofCTS in the California Natural Diversity Database (CNDDB) andothet available documented occurrences that are known for the area. Two versions of this report will be prepared, a draft report and a final report. The final report will incorporate comments from the City on the draft report. Task 3 - Consultation with CDFG, USACE, and USFWS This task includes services associated with requesting verification of the jurisdictional delineation report from the regulatory and resource agencies (including but not limited to, report submittal verification and field meetings with ~gency representatives). This task also assumes that the City will move forward with permitting the entire project (Village North and South Parcels) area and that permits would be prepared in conjunction will Section 7 Consultation (Option B ofthe AECOM Proposal) with the USFWS as well as Sections 401 and 404 of the Clean Water Act Clean Water Act, and Section 1602, California Fish and Game Code. This task includes costs associated with obtaining the necessary permits, agreements, and certifications, preparation of the project descriptions for the permits, and management ofthe permitting process. A detailed description of this task is included in the attached AECOM proposal. Task 4 - Site Assessment/Field Surveys for Rare Plants Results of the January 2005 biological assessment for the Site indicated no federally-Threatened or Endangered plant species were detected during the survey and only marginally suitable habitat was observed at the Site for five special-status plants. A site assessment is the first step in determining if a protocol-level surVey for listed phlnts is appropriate. The purpose of a site assessment is to evaluate the potential for vegetation communities present on a proposed project site to support listed species known to or with the potential to occur in the proje~t site vicinity. If vegetation communities present have the potential to support listed plants, a protocol-level survey is required before a negative fmding can be supported. For proposed project sites located in the Santa Rosa Plain, a protocol-level survey requires a minimum of two years of surveys with at leasi three field visits per year and surveys no older than three years from the current date of the project proposal. Based on MACTEC's January 2005 biological assessment, it does not appear that habitat for listed plants is present on the proposed project site. Therefore, MACTEC does not 'anticipate that a protocol level plant survey will be required. However, due to the project delay (over five years) since the previous field survey was conducted for the EIR, completion of a site assessment will need to be conducted to verify that the proposed project site conditions have not substantially changed since the previous field survey was conducted and.to document the survey for future permitting actions. The site assessment will be completed concurrently with the field survey for .the jurisdiction wetland delineation described above. After completion ofthe site assessment, a technical report will be prepared that provides a description of plant communities on the project site, as well as other environmental conditions. The report will include PP63834_ Wetlands CTS Proposal Revised Scope of.Work 2 EXHIBIT B: Fifth Amendment to the Consultant Services Agreement with MACTEC Inc. Page 7 of 8 Proposal and Fee Estimate, City of Rohner! Park MACTEC Proposal No. PROP10BAYA 103 February 1, 2011 Proposal a geographic information system (GIS)-basect map to document habitat conditions and significant findings on the site. In the eventthat the site is sufficiently disturbed that no habitat with potential to support special-status plants occurs on the project site, a less detailed memorandum will present the case that no special-status plants are expected to occur on the project site. Two versions ofthis report will be . included, a draft report and a final report. The final report will incorporate comments from the City on the draft report. Task 5 - Nesting Birds Preconstruction Surveys As detailed in Mitigation Measure 3.4-6a of the January and August 2008 Final EIR documents, completion of a preconstruction nesting bird survey would be required prior to the implement,ation of construction activities during the bird nesting season (typically February through August). A wildlife biologist will conduct the surveys within 30 days of construction activities. Habitats potentially used for nesting on the Site and located within 200 to 500 feet of the Site will be searched for active bird nests. This task assumes that one survey would be conducted and that bird species that are observed will be identified and the locations of active nests will be mapped with a professional GPS unit. Upon completion ofthe survey, a technical report will be prepared summarizing the methods and results of the bird surveys. The report will include recommendations fonequired buffers around active nests, if present. The buffer size will be detennined based on the sensitivity to disturbance of the bird species present and discussions with the CDFG. Task 6 - Meetings and Project Management This task is for AECOM to provide City and agency coordination and project management and includes time for meetings between AECOM, MACTEC, and the City. MACTEC's labor for project management . and coordination with the subcontractor is included in each task discussed above. ESTIMATED BUDGET Based on the January 27 meeting between yourself and MACTEC we have costed this proposal using costs provided by AECOM. The total estimated budget for this scope of work includes MACTEC labor for project management and coordination with the subcontractor and is summarized below: Task 1 -Background Research Task 2 -Update of 2005 Biological Assessment and Wetlands Delineation $925 $11 ,800 $29,000 $10,350 $5,400 $6,550 Task 3 - Consultation with CDFG, USACE, and USFWS Task 4 - Site Ass'essmentlField Surveys for Rare Plants Task 5 - Nesting BirdsPreconstruction Surveys Task 6 - Meetings and Project Management Total Estimated Budget $64,025 MACTEC will perform the work described in this proposal on a time and materials basis in accordance with the attached schedule of charges and MACTEC's existing Master Services Agreement with the City, dated February 19, 2004 and, once executed, the work will be Amendment 4 to the Master Services Agreement. Actual invoice amounts will be based on actual labor hours and expenses associated with this PP63834_Wetlands CTS Proposal Revised Scope of Work 3 EXHIBIT B: Fifth Amendment to the Consultant Services Agreement with MACTEC Inc. Page 8 of 8 Proposal and Fee Estimate, City of Rohnert Park MACTEC Proposal No. PROPIOBAYA 103 February 1,2011 . Proposal work and the total invoice amount may be less than the budgeted amount. The budgeted amount of $64,025 is an estimate. If during the performance of this work, the assumptions for the scope of work described above change, MACTEC will contact you and request a modification to the fee accordingly. SCHEDULE We are prepared to begin work within one week following receipt of Amendment 4 to the Contract which referenceS the scope of services described in this proposal. Preliminary work for wetlands, rare plant, and CTS surveys which include gathering background data will be initiated within two weeks of authorization to proceed and the surveys will be scheduled to correspond with the wet season and blooming period of the wetland indicator plants. The draft Wetlands Delineation report will be completed within six weeks of completion of this survey and the rare plant and CTS reports will be completed within 30 days of completion of those respective surveys. The schedule for the nesting bird survey and associated report will be developed after the construction schedule for the Site has been developed. AUTHORIZATION Please provide MACTEC with Amendment 4 to the Master Agreement that references the proposal and we will return an executed copy for your records. PP63834_Wetlands CTS Proposal Revised Scope of Work 4 EXHIBIT C: Rohnert Park City Council Resolution No. 98-45 Page 1 of 3 RESOLUTION NO. 98-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE INITIATION OF A WILFRED/DOWDELL SPECIFIC PLAN, DIRECTING CITY STAFF TO UNDERTAKE THE PREPARATION OF THE WILFRED/DOWDELL SPECIFIC PLAN, ESTABLISHING A SPECIFIC PLAN FEE SCHEDULE, AND AUTHORIZING THE CITY MANAGER TO SIGN A REIMBURSEMENT OR LIEN AGREEMENT WITH THE AFFECTED PROPERTY OWNERS FOR THE PREPARATION OF THE SPECIFIC PLAN WHEREAS, owners of property located irrunediately west of the City limits, north and south of Wilfred Ave. submitted a petition requesting annexation and pre-zoning on September 20, 1996; and WHEREAS, on October 22, 1996, the City Council denied the application without prejudice and asked that a specific plan be prepared for the area; and WHEREAS~ on January 14, 1997, the City Council approved Resolution 97-19 approving an amendment of the 1995 General Plan of the City of Rohnert Park and designating a specific plan area in the unincorporated area of the County between Willis Avenue and the City limits on the east; Dowdell Avenue on the west; extending from 380 ft. north of Wilfred Avenue southerly to the City limits and Business park; and . WHEREAS, Measure N and the Urban Boundary Policy includes the above described area within the Urban Boundary of the City ofRohnen Park; and WHEREAS, the above described area is within the City's Sphere ofInfluence; and WHEREAS, owners of property within the above described area have not submitted an application for a specific plan; and WHEREAS, there exists limited amounts of vacant land within the current City limits that are suitable for commercial and industrial construction; and WHEREAS, Section 17.57.030(A) of the Rohrien Park Municipal Code provides that the adoption of a new specific plan may be initiated by the majority of the City Council; and WHEREAS, on October 14, 1997, staff presented four alternatives for preparing the specific plan, and based on City Council direction, staff proceeded with preparing a draft reimbursement agreemeht between the property .owners and the City to recover the cost of preparing the specific plan and . associated environmental and annexation costs; and . . . . 1 EXHIBIT C: .Rohnert Park City Council Resolution No. 98-45 Page 2 of 3 WHEREAS, subsequent to the October 14, 1997, City Council meeting, staffmet with a majority of the property owners and received a commitment from 70 percent of the property owners to reimburse the City for the plan preparation cost; and WHEREAS, the City Attorney will prepare a reimbursement or lien agreement that will ensure recovery of the costs associated from the affected property owners for the specific plan preparation; and WHEREAS, Section 17.57.070 of the Robnert Park Municipal Code provides that the City Council may approve a schedule of fees to pay for the cost of preparation, approval and administration of a specific plan and that such fees may be collected as a condition of development approval; and WHEREAS, City staff estimates that it will cost sixty three thousand, five hundred and eighty one dollars ($63,581) to prepare, approve and administer the WiIfred/Dowdell Specific Plan. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of . Robnert Park that a specific plan is hereby initiated for the specific plan area in the unincorporated area of the County between Willis Avenue and the City limits on the east; Dowdell Avenue on the west; extending from 380 ft. north of Wilfred Avenue southerly to the City limits and Business park which shall hereafter be designated the Wilfred/Dowdell Specific Plan. BE IT.FURTHER RESOLVED, by the City Council of the City of Robnert Park that the City Manager is hereby directed to .undertake the preparation of the WiIfred/Dowdell Specific Plan for consideration by the Planning Commission and the City Council and enter into a reimbursement or lien agreement with the affected property owners to ensure specific plan cost recovery. BE IT FURTHER RESOLVED, by the City Council of the City of Robnert Park that the City Council hereby adopts the following Specific Plan fee schedule: Parcel Number Acreage Percent of Area Specific Plan Fee 45-075-01 2.51 10.13% $6,443 45-075-02 1.25 5.05% $3,209 45-075-03 1.25 5.05% $3,209 45-075-05 5.06 20.43% $12,988 45-075-06 5.08 20.51% $13,039 45-075-08 3.78 15.26% $9,703 45-075-09 1.26 5;09% $3,234 45-054-07 4.58 18.49% $11,756 TOTAL 24.77 100.00% $63,581.00 2 EXHIBIT C: Rohnert Park City Council Resolution No. 98-45 Page 3 of 3 DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this twenty fourth day of February 1998. crrv ATTEST: THE CITY OF ROHNERT PARK ~~ Mayor . AYE REILLY AYE AYF FLORES AYE AYES: l) ~JOES: 0 ~MCKE!'!ZIE VIDAK-MARTlNEZ ABSENT: 0 AYE SPIRO ABSTAIN: o 3 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, July 26,2011, at the hour of6:00 p.m. or as soon thereafter as the matter is reached on the agenda. PURPOSE: To consider adoption of a resolution regarding Wilfred Dowdell Specific Plan Reimbursement Fees All persons interested in this matter should appear at the Tuesday, July 26, 2011, City Council meeting. Written statements may be submitted to the City Clerk in advance for presentation to the Council as part ofthe public hearing. Documents related to this item, including data supporting the amounts ofthe proposed specific plan reimbursement fees will be available for review on July 14, 2011, in the City Clerk's Office and the City Development Services Department at 130 A vram A venue, Rohnert Park, California. Questions regarding the proposed new fees should be directed to the following department: Darrin Jenkins, Development Services Department (707) 588-2243 Eydie Tacata, Development Services Department (707) 588-2232 NOTE: If you challenge this matter 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: July 13,2011 Published: July 15 and 22, 2011 Terri Griffin, City Clerk 7/26/11 City Council Agenda Item No. 9.A.l City of Rohnert Park. 130 Avram Avenue. Rohnert Park, California 94928 Phone (707) 588-2226 · Fax (707) 792-1876 · www.rpcitv.orlf: ROHNERT PARK CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE SPECIAL MEETING NOTICE AND AGENDA Tuesday, July 19,2011,3:30 p.m. City Council Chamber 130 Avram Avenue, Rohnert Park, California Committee Members: Gina Belforte, Mayor Pam Stafford, Council Member City Staff: Gabe Gonzalez, City Manager John McArthur, Director of Public Works & Community Services Marilyn Ponton, Planning and Building Manager Call to Order 1. Public Comments 2. Update of Economic Development Activities 3. Ice UnliI~ited proposal Adjournment Any writings or documents related to items of business referred to on this Agenda that are subject to disclosure and submitted to the members of the Economic Development Committee after distribution of the agenda packet will be available for public inspection in the City Manager's Office at 130 Avram Avenue, Rohnert Park, CA during normal business hours. Disabled Accommodation: If you have a disability which requires an accommodation, an alternative format, or another person to assist 'you while attending this meeting, please contact (707) 588-2226 as soon as possible to ensure arrangements for accommodation. Posted this 14th day of July, 2011 7/26/11 City Council Agenda Item No. 9.B.1 Sonoma County Library ROHNERT PARK-COTATI REGIONAL LIBRARY ADVISORY BOARD AGENDA Tuesday, July 19, 2011 6:30 p.m. Library Conference Room 6250 Lynne Conde Way, Rohnert Park, CA 94928 1. CONVENING & INTRODUCTIONS 2. MINUTES OF THE MEETING of April 2011 3. NEW MEETING TIME AND UPDATE TO BYLAWS 4. PUBLIC APPEARANCES An opportunity for members of the public to address the Board. 5. DISCUSSION ITEMS 6. COMMISSIONER'S REPORT 7. LIBRARY DIRECTOR'S REPORT 8. BRANCH MANAGER'S REPORT 9. CITY LIAISONS' REPORT An opportunity for the City Liaisons to share information. 10. FRIENDS OF THE LIBRARY REPORT 10.1. Book sale and bookstore 10.2. Report 11.ADVISORY BOARD INFORMATION ITEMS An opportunity for members of the Advisory Board to present brief, factual information, respond to public comments, place items on the next agenda, or to request information from the Library Director or the Branch Manager. 12.ADJOURNMENT Next meeting: Tuesday, October 18, 2011 at 4:00 p.m. 7/26/1i City Council Agenda Item No. 10 COUNCIL COMMUNICATIONS July 26, 2011 Meeting [~~~~!~~!m~!~~~i~5::,~:~~;~~~~~~~~t!~~2!~~ Communications Distributed with Packet 7/21/11 1. April/Chris/Joanne/Chrystale . Request to ban fireworks 7/2011 2. Anonymous .Request to ban fireworks 7/2011 3. Anonymous Request to ban fireworks 7/2011 4. Communications Distributed at meeting (7/26/11) Bla e likely from illegal fireworks July 4 fire in RP claims 12 units at Glen Manor. By Nicolas Grizzle A Rohneri Park apartment fire that destroyed 12 units Monday is suspected to have been caused by illegal fireworks, residents said. More than 30 peuple were dis- placed by the fire, which began in the middle of the afternoon and burned two structures. "I can't believe it didn't burn more," said resident Marissa Johnston, whose apartment at Glen Manor Apartments on Commerce Boulevard was not halmed. "The flames were shoot- ing pretty high." Though the official cause is still under investigation by RP fire officials, residents reported hearing loud booms and pops, louder than the average legal firework. Aaron Holley, whose apart- ment was damaged, said the loud bangs and pops he heard before fire alarms went off could "very possibly" have been from illegal fireworks. Like some other resi- dents, his apartment was "pretty gone," and when he went in to ~heck it out Monday, the floor was covered in water and the . ceiling dipped. He is staying with friends in the mean time, but the Red Cross is helping other victims with temporary lodging. No residents were harmed in the blaze, and reports said all pets were either rescued or es- caped unharmed as well. Amanda Hopkins came home to find her apartment charred and wet from firefighting efforts, but her bunny, two rats and dog were safe. "I saw my closet was OK, so at least I still have clothes," she said. On Tuesday morning, David Santi carried a handful of spent bottle rockets and other illegal fireworks from near the area of the fire to the apartment office. Saflti, who "works for the owner" of the apartment com- plex, said.. the circumstances seemed to indiqlte fireworks. "A fire starts from the roof down on the Fourth of July, it kind of nar- rows it down," Resident Paul Krabbe, who 'Fire' see page 2 -:-, ,,:""'>"" Part oj a unit at Glen Manor Apartments on Commerce Boulevarrj wasd~stroy,el during afire on Independence Day. RPDept. of Public Safety bel'ives the fire wa caused by the use of illegal fireworks. Fran R;usse, ~ .../ r~ ~~ t fJ Z ZLLLEGAL WOULD YOU LIKE THIS TO HAPPEN TO YOUR HOME ????? ,- PLEASE DO SOMETHING ABOUT BANNING THE FIREWORKS IN THE CITY OF ROHNERT PARK. .. , T .. . ",. .. ~~ PLEA 8. ..(.. C J~ c~/~ ,.c , ,'. ..' ....., A'. ...'>,~..... .l7r./ ~^ " ... , " ...< ... ... ..>c,-;:" .' ". ... . Op h tJ:J <J , ..., ............, ,. .'i" . . > . c...' c...... .('0 '-0 .... . .'. ie,C,; "";?"" '.,.' ..i' ... vt~ I; , ..,,"..... .'\...". .'.".. ".......,.... .. .' '.. ..,. ..... '.... ~4>'h . .,d ,. . ~p~ 'j 1 .:t Z I. j.- i r."