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Home My WebLink About2012/02/14 City Council Agenda Packet City Clerk's Archive City Hall Mission Statement "We Care for Our Residents by Working Together to Build a Better Communitv for Todav and Tomorrow. " City of Rohnert Park+ 130 Avram Avenue+Rohnert Park, California 94928 Phone: (707) S88-222S+FAX: (707) 792-1876+WEB: www.rllcitv.ore ROHNERT PARK CITY COUNCIL SPECIAL MEETING NOTICE AND AGENDA NOTICE IS HEREBY GIVEN that a SPECIAL MEETING of the ROHNERT PARK CITY COUNCIL will be held on Tuesday, February 14,2012 at 4:00 p.m. MEETING LOCATION: CITY HALL - COUNCIL CHAMBER 130 A vram Avenue, Rohnert Park, California Said special meeting shall be for the purpose of the following: 4:00 p.m. 1. CITY COUNCIL SPECIAL MEETING - Call to Order/Roll Call (Ahanotu _ Belforte _Callinan_Stafford _ Mackenzie ~ 2. WORK SESSION for REVIEW of REDEVELOPMENT AGENCY MATTERS I. Background II. Overview of Dissolution Process a. Role of Successor Agency i. Decision making authority/span of control ii. Liability iii. Staffing b. Oversight Board Selection and Role i. How are appointments made? ii. Decision making authority/span of control iii. Liability iv. Staffing v. Mayor's appointments c. County Auditor Role i. Decision making authority/span of control d. Department of Finance i. Decision making authority/span of control City of Rohnert Park SPECIAL MEETING Agenda - City Council e. Recognized Obligation Payment Schedule i. Criteria ii. Priority of payments f. Non-housing assets i. List of fixed assets ii. Disposition of assets iii. Overview of AB xl 26 related to assets g. Housing assets 1. Action to retain housing assets and functions 1. What does this action mean? 2. What is City's role? 3. What is Oversight Board's role? 4. List of fixed assets 5. Disposition of assets 6. Community Service Organizations' funding h. Bond Schedule. i. List ofRDA bonds, balances, and annual payments ii. List of bonds with proceeds iii. Cash balances as of January 2012 1. Impacts to General Fund i. Successor Agency accounting format ii. Local Agency Investment Fund (LAIF) 111. Budget FY 2011/2012 1. Estimated impact to General Fund - FY 2011/12 2. How will City mitigate shortfall/loss of revenues? 3. What are the potential impacts to City Services? IV. Budget FY 2012/2013 and Beyond 1. Projected financial impact - ongoing 2. How will the City mitigate shortfall floss of revenues? 3. Departments assisting and evaluating services and costs III. Next Steps a. Non-Housing i. Successor Agency Adoption of initial ROPS 11. Gather relevant records/prepare for audit 111. Work with agencies/boards/special districts to facilitate Oversight Board appointments IV. Organize 1 st meeting of Oversight Board v. Notify Department of Finance (DOF) of Oversight Board appointments/Chair selection City of Rohnert Park SPECIAL MEETING Agenda - City Council b. Housing i. Successor Agency Adoption of initial ROPS 11. Gather relevant records/prepare for audit 111. Work with agencies/boards/special districts to facilitate Oversight Board appointments IV. Organize 1st meeting of Oversight Board v. Notify Department of Finance (DOF) of Oversight Board appointments and chair selection IV. Redevelopment Legislation V. Action Items for Follow-up VI. Next Update a. City Council Meeting 2/28/12 3. PUBLIC COMMENTS For public comment only on items listed on this agenda (limited to three minutes per appearance with 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. 4. ADJOURNMENT of City Council Special Meeting DISABLED ACCOMMODATION: If you have a disability which requires an interpreter or other person to assist you while attending this City Council meeting, please contact the City Clerk's Office at (707) 588-2227 at least 72 hours prior to the meeting to ensure arrangements for accommodation by the City. Please notify the City Clerk's Office as soon as possible if you have a visual impairment requiring meeting materials to be produced in another format (Braille, audio-tape, etc.) CERTIFICATION OF POSTING OF AGENDA I; Carol Adams, Interim City Clerk for the City of Rohnert Park, declare that the foregoing agenda for the February 14, 2012, Special Meeting of the Rohnert Park City Council was posted and available for review on February 10,2012, at Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, California 94928. The agenda is also available on the City web site at www.rocitv.ofl?:, E{7&~hnertparl<, California. Carol Adams, Interim City Clerk 021412 AGENDA-SPECIAL MEETING OF THE CITY COUNCIL City Council Jake Mackenzie Mayor Pam Stafford Vice Mayor Amy O. Ahanotu Gina Belforte Joseph T. Callinan Council Members Gabriel A. Gonzalez City Manager Michelle Marchetta Kenyon City Attorney Alexandra M. Barnhill Assistant City Ai/orney Carol Adams Interim City Clerk Darrin W Jenkins Director of Development Services / City Engineer Sandra M. Lipitz Director of Administrative Services Brian Masterson Director of Public Safety John McArthur Director of Public Works and Community Services January 16, 2012 Kate Sanderson 1455 Garrett Ct. Rohnert Park, CA 94928 Re: Sister Cities Relations Committee Dear Ms. Sanderson: It is a pleasure to inform you that the Rohnert Park City Council approved your appointment to the Sister Cities Relations Committee at its February 14, 2012, meeting. Your appointment is for a two-year term and will expire on December 31, 2013. The Committee meets on the second Thursday of each month at 7:00 p:m. at the Rohnert Park Community Center. Guy Miller is your staff liaison, and he maybe reached at (707) 588-3349. Congratulations! Thank you for your willingness to serve your community through the Sister Cities Relations Committee. Sincerely, C~W.II- ~.lnO. arrle I IS ~ Administrative Assistant CW/cw c: City Council Members Guy Miller, Recreation Services Manager, Community Services Kathy Kelez, Part-time Technical Advisor File - Sister Cities Relations Committee File - Board, Commission & Committee Appointments Chron. File - Council Agenda Chron. 130 Avram Avenue. Rohnert Park CA . 94928 . (707) 588-2226 . Fax (707) 792-1876 www.rpcity.or!:1 City Council Jake Mackenzie Mayor Pam Stafford Vice Mayor Amy O. Ahanotu Gina Belforte Joseph T. Callinan Council Members Gabriel A. Gonzalez City Manager Michelle Marchetta Kenyon City Attorney Alexandra M. Barnhill Assistant City Ai/orney Carol Adams Interim City Clerk Darrin W. Jenkins Director of Development Services / City Engineer Sandra M. Lipitz Director of Administralive Services Brian Masterson Director of Public Safely John McArthur Director of Public Works and Community Services January 16, 2012 Holly Melton 4680 Fairway Drive Rohnert Park, CA 94928 Re: Sister Cities Relations Committee Dear Ms. Melton: It is a pleasure to inform you that the Rohnert Park City Council approved your appointment to the Sister Cities Relations Committee at its February 14, 2012, meeting. Your appointment is for a two-year term and will expire on December 31,2013. The Committee meets on the second Thursday of each month at 7:00 p.m. at the Rohnert Park Community Center. Guy Miller is your staff liaison, and he may be reached at (707) 588-3349. Congratulations' Thank you for your willingness to serve your community through the Sister Cities Relations Committee. Sincerely, c~~~ Administrative Assistant CW /cw c: City Council Members Guy Miller, Recreation Services Manager, Community Services Kathy Kelez, Part-time Technical Advisor File - Sister Cities Relations Committee File - Board, Commission & Committee Appointments Chron. File - Council Agenda Chron. 130 Avram Avenue. Rohnert Park CA . 94928 . (707) 588-2226 . Fax (707) 792-1876 VirWw.rpcity.or!:1 Non Housing Fixed Assets Description cct____.._�� ¢ V. _� rchased 415 City Center Dr c. 1 /04/2007 6250 State Farm D ��[ 1=15 " "� ` -mu 1 /16/2007 City Center Parking 6t'e' --" �'°°°� "`" "� `�" T) !30/2009 Proj 2010 -04 Redw Ate. -Ranee s--- 130/2010 PURCHASE & CLOSING COSTS OF SENIOR CENTER 06130/1989 Project 1999 -04 Library 06/30/2004 PS BLDG WEST /ANIMAL SHELTER PROJECT 1990 - 106/30/1994 PROJECT 1990 -14 ANIMAL SHELTER BUILDING 06/30/1995 PERFORMING ARTS CENTER 04/0111991 PERFORMING ARTS CENTER PROJECT 1980 -04 06/30/1991 PUBLIC SAFETY MAIN BLDG. (PROJ 88 -18) 06/30/1993 Proj 0402 Staduim Lands salvage & Demolition 06/3012009 Proj 0430 Community Center ADA Improvements 06/30/2009 ROBERTS LAKE ROAD - PROJECT 1987 -15 06/30/1991 RP EXPRESSWAY EXTENSION TO STONY POINT 06/30/1990 RP EXPRESSAY EXT. WEST - PROJECT 1984 -21 06/30/1991 RPX EXPRESSWAY WIDENING 06/30/1992 RP EXPRESSWAY EXT. WEST (PROJ 84 -21) 06/30/1993 ROBERTS LAKE ROAD (PROJ. 87 -15) 06/30/1993 RP EXPRESSWAY WIDENING (PROJ. 89 -12) 06130/1993 S.W. BLVD. LANDSCAPING (PROJ. 92 -01) 06/30/1993 PROJECT 1986 -25 SEED FARM DRIVE EXTENSION 06/30/1995 PROJECT 1991 -01 COMMERCE BLVD. BIKEPATH 06/30/1997 PROJECT 1991 -04 RPX /101 OVERCROSSING 06/30/1997 RPHJ BYMNASIUM PROJECT 1990 -02 06130/1991 ALICIA PARK BALLFIELD LIGHTS (PROJ. 90 -05) 06/30/1993 CITY CONTRIBUTION TO IMPROVEMENTS TO COLE 06/30/1989 SWIM CENTER - PROJECT 1988 -15 06/30/1991 GOLF COURSE IMPROVEMENTS(PROJECT 2001 -06) 06/30/2003 Burton Ave Re Roof Proj 0404 06/30/2008 Proj 0325 SW Blvd Fire Station Renovation 06/30/2009 Proj 0606 Public Safety Parking Lot 06/30/2009 Project 0505 Community Center ADA Survey 06/30/2009 Project 0603 Martin Ave. Storm Drain 06/30/2009 Proj 0615 PS Bay & Driveway Realignment 06/30/2010 Proj 0413 Westside PS Facility 06/30/2010 Proj 1002 Alicial Pool Decmmission 06/30/2010 Proj 1003 Ladybug Pool Decmmission 06/30/2010 Proj 0602 City Center Plaza Development 06/30/2011 Proj 0605 Com Ctr Fountain /Plaza Develop 06/30/2011 Proj 0906 Stadium Lands Wetlands 06/30/2011 Proj 0907 Stadium Lands Bldg Removal 06/30/2011 LAMINATED CABINET W12 SLIDING DOORS 10/31/1994 HYDRAULIC OPERATING TABLE BASE 10/31/1994 HEATED V OPERATING TABLE 10/31/1994 EXAMINATION /TREATMENT TOP 45 "L X 21 "W 10/31/1994 PEDESTAL EXAMINATION /TREATMENT TABLE BASE 10/31/1994 Orig Cost Book Value 552,763.76 Appraisal Value 1,105,356.97 Appraisal Value 3,001,063.00 Appraisal Value 274,962.52 Appraisal Value 851,620.00 395,589.32 8,111,293.34 6,218,658.22 1,322,565.11 198,384.51 23,103.70 4,620.63 6,483,126.00 2,125,024.63 177,955.92 59,302.17 6,540,621.74 2,724,653.47 203,356.54 189,762.29 4,040.00 3,769.93 1,546,208.95 515,402.95 1,271,489.87 406,052.63 4,632.42 1,543.85 308,383.61 15,37635 21, 359.10 2,135.67 1,160.48 115.96 570.50 56.80 11, 803.35 1,178.69 31,60120 6,315.85 131,548.32 39,464.36 397, 742.97 119, 267.68 750,000.00 249,930.56 93,897.69 9,376.74 150,000.00 - 144,688.38 48,216.05 1,545,000.00 296,238.30 601,093.87 540,819.79 27,881.12 26,017.29 352,481.95 328,918.77 627,141.45 585,217.47 400,411.65 373,644.41 260,035.57 251,343.97 57,809.52 55,877.26 21,046.64 20,445.00 18,000.00 17,296.52 3,264,044.70 3,264,044.70 19,094.05 19,094.05 134,295.93 134, 295.93 46,638.84 46,638.84 444.07 - 601.91 - 878.09 - 125.58 - 173.42 - Fund Dept Class Asset Land Transferred to GF 930 0000 9100 7880 -000 Land Transferred to GF 930 0000 9100 7881 -000 Land Transferred to GF 930 1900 9100 8922 -000 Land Transferred to GF 930 1900 9100 8939 Land Transferred to GF 930 5501 9200 2689 -000 Buildings 930 6300 9200 7131 -000 Buildings 930 2400 9200 4517 -000 Buildings 930 2400 9200 5036 -000 Buildings 930 6210 9200 3330 -000 Buildings 930 6210 9200 3330 -001 Buildings 930 2200 9200 4392 -000 Improvements 930 0000 9300 8924 Improvements 930 0000 9300 8925 Improvements 930 3410 9300 3557 -000 Improvements 930 3420 9300 3569 -000 Improvements 930 3420 9300 3572 -000 Improvements 930 3420 9300 3842 -000 Improvements 930 3420 9300 4386 -000 Improvements 930 3420 9300 4389 -000 Improvements 930 3420 9300 4393 -000 Improvements 930 3420 9300 4399 -000 Improvements 930 3420 9300 5030 -000 Improvements 930 3420 9300 5527 -000 Improvements 930 3420 9300 5528 -000 Improvements 930 3430 9300 3574 -000 Improvements 930 4010 9300 4395 -000 Improvements 930 4013 9300 2690 -000 Improvements 930 5830 9300 3573 -000 Improvements 930 6100 9300 6947 -000 Improvements 930 0000 9300 7890 -000 Improvements 930 0000 9300 8923 Improvements 930 0000 9300 8926 Improvements 930 0000 9300 8927 Improvements 930 0000 9300 8928 Improvements 930 0000 9300 8940 Improvements 930 0000 9300 8941 Improvements 930 0000 9300 8943 Improvements 930 0000 9300 8944 Improvements 930 0000 9300 8975 Improvements 930 0000 9300 8976 Improvements 930 0000 9300 8978 Improvements 930 0000 9300 8979 Equip 930 2400 9510 4625 -000 Equip 930 2400 9510 4626 -000 Equip 930 2400 9510 4627 -000 Equip 930 2400 9510 4628 -000 Equip 930 2400 9510 4629 -000 Description cct____.._�� ¢ V. _� rchased 415 City Center Dr c. 1 /04/2007 6250 State Farm D ��[ 1=15 " "� ` -mu 1 /16/2007 City Center Parking 6t'e' --" �'°°°� "`" "� `�" T) !30/2009 Proj 2010 -04 Redw Ate. -Ranee s--- 130/2010 PURCHASE & CLOSING COSTS OF SENIOR CENTER 06130/1989 Project 1999 -04 Library 06/30/2004 PS BLDG WEST /ANIMAL SHELTER PROJECT 1990 - 106/30/1994 PROJECT 1990 -14 ANIMAL SHELTER BUILDING 06/30/1995 PERFORMING ARTS CENTER 04/0111991 PERFORMING ARTS CENTER PROJECT 1980 -04 06/30/1991 PUBLIC SAFETY MAIN BLDG. (PROJ 88 -18) 06/30/1993 Proj 0402 Staduim Lands salvage & Demolition 06/3012009 Proj 0430 Community Center ADA Improvements 06/30/2009 ROBERTS LAKE ROAD - PROJECT 1987 -15 06/30/1991 RP EXPRESSWAY EXTENSION TO STONY POINT 06/30/1990 RP EXPRESSAY EXT. WEST - PROJECT 1984 -21 06/30/1991 RPX EXPRESSWAY WIDENING 06/30/1992 RP EXPRESSWAY EXT. WEST (PROJ 84 -21) 06/30/1993 ROBERTS LAKE ROAD (PROJ. 87 -15) 06/30/1993 RP EXPRESSWAY WIDENING (PROJ. 89 -12) 06130/1993 S.W. BLVD. LANDSCAPING (PROJ. 92 -01) 06/30/1993 PROJECT 1986 -25 SEED FARM DRIVE EXTENSION 06/30/1995 PROJECT 1991 -01 COMMERCE BLVD. BIKEPATH 06/30/1997 PROJECT 1991 -04 RPX /101 OVERCROSSING 06/30/1997 RPHJ BYMNASIUM PROJECT 1990 -02 06130/1991 ALICIA PARK BALLFIELD LIGHTS (PROJ. 90 -05) 06/30/1993 CITY CONTRIBUTION TO IMPROVEMENTS TO COLE 06/30/1989 SWIM CENTER - PROJECT 1988 -15 06/30/1991 GOLF COURSE IMPROVEMENTS(PROJECT 2001 -06) 06/30/2003 Burton Ave Re Roof Proj 0404 06/30/2008 Proj 0325 SW Blvd Fire Station Renovation 06/30/2009 Proj 0606 Public Safety Parking Lot 06/30/2009 Project 0505 Community Center ADA Survey 06/30/2009 Project 0603 Martin Ave. Storm Drain 06/30/2009 Proj 0615 PS Bay & Driveway Realignment 06/30/2010 Proj 0413 Westside PS Facility 06/30/2010 Proj 1002 Alicial Pool Decmmission 06/30/2010 Proj 1003 Ladybug Pool Decmmission 06/30/2010 Proj 0602 City Center Plaza Development 06/30/2011 Proj 0605 Com Ctr Fountain /Plaza Develop 06/30/2011 Proj 0906 Stadium Lands Wetlands 06/30/2011 Proj 0907 Stadium Lands Bldg Removal 06/30/2011 LAMINATED CABINET W12 SLIDING DOORS 10/31/1994 HYDRAULIC OPERATING TABLE BASE 10/31/1994 HEATED V OPERATING TABLE 10/31/1994 EXAMINATION /TREATMENT TOP 45 "L X 21 "W 10/31/1994 PEDESTAL EXAMINATION /TREATMENT TABLE BASE 10/31/1994 Orig Cost Book Value 552,763.76 Appraisal Value 1,105,356.97 Appraisal Value 3,001,063.00 Appraisal Value 274,962.52 Appraisal Value 851,620.00 395,589.32 8,111,293.34 6,218,658.22 1,322,565.11 198,384.51 23,103.70 4,620.63 6,483,126.00 2,125,024.63 177,955.92 59,302.17 6,540,621.74 2,724,653.47 203,356.54 189,762.29 4,040.00 3,769.93 1,546,208.95 515,402.95 1,271,489.87 406,052.63 4,632.42 1,543.85 308,383.61 15,37635 21, 359.10 2,135.67 1,160.48 115.96 570.50 56.80 11, 803.35 1,178.69 31,60120 6,315.85 131,548.32 39,464.36 397, 742.97 119, 267.68 750,000.00 249,930.56 93,897.69 9,376.74 150,000.00 - 144,688.38 48,216.05 1,545,000.00 296,238.30 601,093.87 540,819.79 27,881.12 26,017.29 352,481.95 328,918.77 627,141.45 585,217.47 400,411.65 373,644.41 260,035.57 251,343.97 57,809.52 55,877.26 21,046.64 20,445.00 18,000.00 17,296.52 3,264,044.70 3,264,044.70 19,094.05 19,094.05 134,295.93 134, 295.93 46,638.84 46,638.84 444.07 - 601.91 - 878.09 - 125.58 - 173.42 - Non Housing Fixed Assets Description Fund Dept Class Asset Equip 930 2400 9510 4630 -000 Equip 930 2400 9510 4644 -000 Equip 930 2400 9510 4732 -000 Equip 930 2400 9510 4745 -000 Equip 930 2400 9510 4798 -000 Equip 930 2400 9510 4799 -000 Equip 930 2400 9510 4800 -000 Equip 930 2400 9510 4801 -000 Equip 930 2400 9510 4802 -000 Equip 930 2400 9510 4803 -000 Equip 930 6210 9510 2992 -000 Equip 930 6210 9510 2995 -000 Equip 930 6210 9510 2997 -000 Equip 930 6210 9510 3002 -000 Equip 930 6210 9510 3003 -000 Equip 930 6210 9510 3008 -000 Equip 930 6210 9510 3009 -000 Equip 930 6210 9510 3010 -000 Equip 930 6210 9510 3011 -000 Equip 930 6210 9510 3012 -000 Equip 930 6210 9510 3013 -000 Equip 930 6210 9510 3014 -000 Equip 930 6210 9510 3015 -000 Equip 930 6210 9510 3016 -000 Equip 930 6210 9510 3017 -000 Equip 930 6210 9510 3018 -000 Equip 930 6210 9510 3019 -000 Equip 930 6210 9510 3020 -000 Equip 930 6210 9510 3021 -000 Equip 930 6210 9510 3023 -000 Equip 930 6210 9510 3047 -000 Equip 930 6210 9510 3069 -000 Equip 930 6210 9510 3070 -000 Equip 930 6210 9510 3071 -000 Equip 930 6210 9510 3072 -000 Equip 930 6210 9510 3073 -000 Equip 930 6210 9510 3074 -000 Equip 930 6210 9510 3075 -000 Equip 930 6210 9510 3076 -000 Office Equip 930 6210 9520 3001 -000 Office Equip 930 6210 9520 3004 -000 Office Equip 930 6210 9520 3067 -000 Office Equip 930 6210 9520 3068 -000 Furniture 930 6210 9700 2991 -000 Furniture 930 6210 9700 2993 -000 Furniture 930 6210 9700 2994 -000 Furniture 930 6210 9700 2996 -000 Description Purchased Orig Cost 6 SS KEN -KALE REGAL KAGE 24" X 24" 10/31/1994 1,272.00 88 SS KEN -KALE REGAL CAGE 24" X 30" 10/31/1994 20,064.00 11 SS KEN -KALE REGAL CAGE 30" X 30" 10/31/1994 2,926.00 54 SS KEN -KALE REGAL CAGE 36" X 30" 10/31/1994 15,606.00 SS KEN -KALE REGAL CAGE 36" X 30" 10/31/1994 289.00 SS DOUBLE DOOR KEN -KALE REGAL CAGE 48" X 3110/31/1994 400.00 SS DOUBLE DOOR KEN -KALE REGAL CAGE 48" X 3110/31/1994 400.00 SS DOUBLE DOOR KEN -KAGE REGAL CAGE 48" X 3110/31/1994 400.00 SS REMOVALBE PREP RACK FOR MULTI- PURPOSE 10/31/1994 96.47 SS TUB 6 60" X 24" 10/31/1994 559.46 PLAN ROLLING STAND W /BINDER 1013111988 441.21 HALOGEN FLOOD LAMPS 04/18/1990 1,530.12 STAGE LIGHTING 04/18/1990 633.98 HPT LARGE CAPACITY WASHER, MODEL #WLW360 06/0511990 371.28 HPT STANDARD CAPACITY DRYER, MODEL #DLB15 06105/1990 309.78 SAFETY CABINET 60 GAL W/2 EXTRA SHELVES 05/16/1990 754.86 DRILL PRESS 05/16/1990 360.45 6" BELT SANDER 05/16/1990 360.45 SCREWGUN 05/16/1990 206.44 SANDER/GRINDER 05/16/1990 176.94 DRILL 3/8" 05/16/1990 216.75 MAKITA TABLE SAW 05/16/1990 593.94 MITER SAW #181 -2494 0.5/16/1990 193.28 14" BAND SAW W /6" CARR CLAMP 05/16/1990 487.80 7 1/4" CIRCULAR SAW 05/16/1990 145.74 7 1/4" CIRCULAR SAW 05/16/1990 145.74 STORAGE CART FOR MUSIC STANDS TE 04/18/1990 874.06 DIRECTOR MUSIC STAND 04/18/1990 157.94 ORCHESTRA ACOUSTIC SHELL TAGt 03/27/1990 50,150.00 SINGLE STACK DOLLY TAG# 4520 06/30/1990 452.05 LIGHTING PACKAGE(ZOOM LENS,FOG MACHINE & F 05/16/1990 17,630.24 ROUGHNECK MUSIC STAND & STAND LIGHT 04/18/1990 2,352.38 FIRE ALARM SYSTEM 01/17/1990 20,000.00 HVAC EQUIPMENT 01/17/1990 83,000.00 SECURITY SYSTEM 01/17/1990 15,000.00 THEATRICAL LIGHTING 01/17/1990 219,000.00 GENERAL THEATRE LIGHTING 01/17/1990 127,000.00 SOUND EQUIPMENT (MIXER /AMPLIFIER,SPEAKERS 01/17/1990 102,000.00 FR -12 -2 ELECTRO -VOIDE LOUDSPEAKERS 06/30/1990 1,058.70 CASIO ELECTRONIC CASH REGISTER - MODEL TK2 06/05/1990 1,429.07 MICROWAVE OVEN 06/05/1990 212.76 LASERWRITER II PRINTER & ACCESSORIES 06/26/1990 3,658.53 HAC SE 30 1/40 W /EXT KYBRD, 1MB MEMORY EXPA 06/26/1990 2,727.06 NAGLER SAFE - MODEL D4000 06/30/1990 1,621.09 CARDINAL 2 DRW LEGAL FILE CABINET Tf 10131/1988 243.81 UNITED SEC POSTURE CHAIR 10/31/1988 104.50 FOLDING TABLES TAG# 4445, 4 04/18/1990 223.03 Book Value Non Housing Fixed Assets Description Fund Dept Class Asset Furniture 930 6210 9700 3006 -000 Furniture 930 6210 9700 3007 -000 Furniture 930 6210 9700 3022 -000 Furniture 930 6210 9700 3024 -000 Furniture 930 6210 9700 3025 -000 Furniture 930 6210 9700 3026 -000 Furniture 930 6210 9700 3027 -000 Furniture 930 6210 9700 3028 -000 Furniture 930 6210 9700 3029 -000 Furniture 930 6210 9700 3030 -000 Furniture 930 6210 9700 3031 -000 Furniture 930 6210 9700 3032 -000 Furniture 930 6210 9700 3033 -000 Furniture 930 6210 9700 3034 -000 Furniture 930 6210 9700 3035 -000 Furniture 930 6210 9700 3036 -000 Furniture 930 6210 9700 3037 -000 Furniture 930 6210 9700 3038 -000 Furniture 930 6210 9700 3039 -000 Furniture 930 6210 9700 3040 -000 Furniture 930 6210 9700 3041 -000 Furniture 930 6210 9700 3042 -000 Furniture 930 6210 9700 3043 -000 Furniture 930 6210 9700 3044 -000 Furniture 930 6210 9700 3045 -000 Furniture 930 6210 9700 3046 -000 Furniture 930 6210 9700 3048 -000 Furniture 930 6210 9700 3049 -000 Furniture 930 6210 9700 3050 -000 Furniture 930 6210 9700 3051 -000 Furniture 930 6210 9700 3052 -000 Furniture 930 6210 9700 3053 -000 Furniture 930 6210 9700 3054 -000 Furniture 930 6210 9700 3055 -000 Furniture 930 6210 9700 3057 -000 Furniture 930 6210 9700 3058 -000 Furniture 930 6210 9700 3059 -000 Furniture 930 6210 9700 3060 -000 Furniture 930 6210 9700 3061 -000 Furniture 930 6210 9700 3062 -000 Furniture 930 6210 9700 3063 -000 Furniture 930 6210 9700 3064 -000 Furniture 930 6210 9700 3065 -000 Description Purchased Orig Cost HARPER BRONZE DESK, RETURN & OVERHEAD LIC05/16/1990 1,429.06 ERGO SECTIONAL CHAIR, MODEL #11860 05/16/1990 284.75 SOFT -TECH, STACK SIDE CHAIR - BLACK 06/30/1990 4,808.41 CHAIR - MOCHA BROWN CT6072 06/30/1990 626.09 CHAIR, FLAT MOBILE, MOCHA ROWN CTU10 06/30/1990 405.26 ROBERT BERNARD LANDSCAPE LOWBACK ARMLE: 06/30/1990 7,849.33 ROBERT BERNARD LOWBACK CORNER UNIT 06130/1990 1,779.48 ROBERT BERNARD LANDSCAPE INSIDE WEDGE CI-06130/1990 7,249.33 ROBERT BERNARD LANDSCAPE LOWBACK ARMLE:06 /30/1990 1,610.96 ROBERT BERNARD LANDSCAPE OTTOMAN 06/30/1990 1,121.92 HOFFMAN SIDE CHAIR (RUBY) TAG #,e 06/30/1990 3,732.44 BENTWOOD STOOL - BLACK FRAME (RUBY) 06/3011990 795.22 WORKSTATION - ADMIN. ASST. 06/30/1990 2,546.03 QUAD WORKSTATION 06/30/1990 8,228.02 WORKSTATION - RECEPTIONIST 06/30/1990 3,607.49 OAK TABLE 06/05/1990 711.90 AVENUE CHAIR, BALMORAL TWEED, 5305 PLUM, JL 06/30/1990 6,990.31 BROOKSIDE EXECUTIVE SWIVEL CHAIR 06/30/1990 524.06 SIDE CHAIR - ROSE TAG# 4629 06130/1990 06/30/1990 1,211.06 GANGED ORCHESTRA CHAIRS, BLACK FRAME, NA\ 06/30/1990 13,599.32 DESK UNIT W /CREDENZA, ORGANIZER & TASK LIG106/30/1990 4,014.47 STORAGE CABINET 06/30/1990 1,598.13 HAYES 202 -80 -81 81" SOFA 04/30/1990 860.62 HAYES 202 -80 -31 31" CHAIR TAG# 44304/30/1990 881.88 HAYES 202 -80 -56 56" LOVESEAT 04/30/1990 658.75 HAYES 808 -03 32x32x20 END TABLE TAGI04/30/1990 828.75 INTREX 75013 DRUM TABLE & MARBLE TOP 04/30/1990 6,800.00 EXECUTIVE CHAIR W /GAS LIFT TAG# , 04/30/1990 1,291.24 ECLIPSE TASK CHAIR W /ARMS & GAS LIFT 104/30/1990 838.64 ECLIPSE SECRETARIAL CHAIR W /GAS LIFT . 04/30/1990 926.77 ECLIPSE TASK CHAIR W /GAS LIFT TAGS 04/30/1990 1,967.22 ECLIPSE TASK CHAIR W /ARMS & GAS LIFT 104/30/1990 786.89 ECLIPSE OPERATOR CHAIR W /ARMS & GAS LIFT 04/30/1990 374.96 ECLIPSE DRAFTING STOOL W /ARMS & GAS LIFT 04/30/1990 857.65 COMPUTER TABLE 06/26/1990 74.31 COMPUTER TABLE 06/26/1990 90.21 COMPUTER TABLE 06/26/1990 138.08 COMPUTER TABLE 06/26/1990 106.20 JOHNSON J55FWRE 36x72 FOLDING TABLE 06/05/1990 4,289.84 24" DIAMETER TABLE TOP & TABLE BASE T. 06/05/1990 7,663.81 DEVON 4 DRW LEGAL FILE W /LOCK 04/30/1990 255.14 DEVON 2 DRW LEGAL FILE W /LOCK TAC 04/30/1990 414.22 HARPER 2 DRW LATERAL FILE 05/16/1990 398.26 Total for Housing Book Value 19,294,091.61 Housing Fixed Assets Fund Dept Class Asset Description Purchased Orig Cost Book Value Land Transferred to GF 930 0000 9100 7882 -000 100 Avram 01/22/2008 1,434,802.07 Appraisal Value Land Transferred to GF 930 0000 9100 7883 -000 120 Avram 01/22/2008 1,776,026.28 Appraisal Value Land Transferred to GF 930 1900 9100 7892 -000 6750 Commerce Blvd. 06/30/2008 1,137,170.00 Appraisal Value Building Transferred to GF 930 0000 9200 5912 -000 746 BRETT AVENUE - SHARED HOUSING 06/30/1998 180,311.67 Appraisal Value Building Transferred to GF 930 0000 9200 5913 -000 7982 SANTA BARBARA - SHARED HOUSING 06/30/1998 176,533.74 Appraisal Value Building Transferred to GF 930 0000 9200 6196 -000 7668 BEVERLY DRIVE (HOUSE) 07/01/1999 169,165.00 Appraisal Value Building Transferred to GF 930 0000 9200 7070 -000 BURTON AVENUE SHARED LIVING HOME 04/11/2003 353,255.52 Appraisal Value Building Transferred to GF 930 0000 9200 7132 -000 House - Shared Living 209 Burton Ave 10/29/2003 366,679.41 Appraisal Value Building Transferred to GF 930 0000 9200 8980 Proj 1006 Purchase of SW Station 06/30/2011 989,526.00 Appraisal Value Improvement 930 0000 9300 8977 Proj 0805 Avram Housing Project 06/30/2011 14,216.96 Appraisal Value Total for Non Housing 6,597,686.65 DIstr. @ Mtg. Of: cc:_ cc: File: - .Redwood Empire Municipal Ins Continued Professional Training January 26, 2012 SPEAKER: Gordon Graham AFFAIRS OF GOVERNMENT 2012: Some Thoughts on "Real" Risk Management Thanks for inviting me to speak to you regarding our chosen profession, Government. I was told that I have a mixed group of Public Sector professionals including City Managers, Risk Managers, Personnel Directors, Leaders in Public Safety and many others who are interested in the discipline of Risk Management. I have possibly met some of you in prior presentations, and if that is true you know my focus in life is in the Management of Risk. In 1975 I got hooked on the study of tragedies - and I have spent way too much time studying maritime tragedies, mining tragedies, refinery tragedies, train tragedies, plane tragedies, bridge tragedies, building tragedies and power plant tragedies. When you take a look at any tragedy in any profession and look for "what caused it?" - it is easy to spot the "proximate" cause. The event that instantly precedes the tragedy is relatively easy to spot. But real Risk Managers do not stop their search for cause with identifying the "proximate" cause. Real Risk Managers go back in time and look for "problems lying in wait" - that people knew about or should know about - yet these problems are oftentimes ignored until the tragedy occurs. Your role (and the role of everyone in government) is to take a daily look at your sphere of influence - your span of control - and ask this question. Do we have problems lying in wait in our fleet? Do we have problems lying in wait in our infrastructure? Do we have problems lying in wait amongst our personnel? And if you identify such an issue- that needs to be addressed. If you fail to identify and address these problems "lying in wait" sooner or later all the holes in the Swiss Cheese are going to become aligned - and when that happens the tragedy occurs - and then the lawyers take over and the "problems lying in wait" are then identified and addressed - after the fact. I gave you a number of examples from a variety of professions earlier today, but my focus today in on government operations which today face and unprecedented level of risk. So what can we do? Let's take the time to define the words. 1 Strategic Hint: Do you do an initial Background Investigation on your personnel? And after date of hire, when is the next time you do a background check on your personnel? Strategic Hint: If I were to "audit" two years worth of Performance Evaluations, what would I find? Rule 3. Supervisors have to face bad news when it comes, and take problems to a level high enough to fix those problems. . When you take an honest look at tragedies in any aspect of government, from the lawsuits to the injuries, deaths, embarrassments, internal investigations and even the rare criminal filing, so many of them get down to supervisors not behaving like supervisors. The primary mission of a supervisor is "systems implementation". If you promote people who either can't or won't enforce policy, you are in route to tragedy. To be sure, the transition from line employee to supervisor is a difficult one, but the people you choose to be supervisors have to like their people so much, that they will enforce the policy to protect each of them from harm or loss. Not to beat this point to death, but you show me a tragedy in government operations _ including some in the news today - and I will show you the fingerprints of a supervisor not behaving like a supervisor. Strategic Hint: Have you considered bringing back the "best of the best" to help train new supervisors? Strategic Hint: Do you analyze events that end up without problems? Rule 4. You must have a healthy respect for the dangers and risks of your particular job. Many government jobs are high risk in nature, and the consequences for not doing things right can be dramatic. Remember the basic rules of Risk Management. RPM- Recognize, Prioritize, Mobilize. You must do a risk assessment on each job in every government department and identify the tasks that have the highest probability of causing you grief. Then you must prioritize these tasks in terms of potential frequency, severity and available time to think prior to acting. Finally, you must mobilize (act) to address the recognized risks appropriately and prevent consequences. Strategic Hint: Have you done a risk assessment on each job in your city/county and have you identified the "core critical tasks" in that job? 6 Strategic Hint: Do you study similarly situated organizations to see what they have experienced in their operations? Rule 5. Training must be constant and rigorous. Every day must be a training day! We must focus the training on the tasks in every job description that have the highest probability of causing us grief. These are the High Risk, Low Frequency, Non Discretionary time events. We must assure that all personnel are adequately trained to address the tasks that give them no time to think, and that they understand the value of thinking things through when time allows. Strategic Hint: Do you have a training program that focuses on "core critical tasks"? Strategic Hint: Do you have a process in place to identify emerging CCT's? Rule 6. All the functions of repair, quality control and technical support must fit together. Audits and inspections are an important part of your job as a leader in government. We cannot assume that all is going well. We must have control measures in place to assure things are being done right. This is not micro-management - It is called doing your job. . If you do not have the audits (formal and informal) in place, you will not know about problems until they become consequences, and then you are in the domain of lawyers. That is too late for action, as all you can do then is address the consequences. And if you take the time to study the life of Admiral Rickover, you will quickly learn that he was widely despised in the Navy because of his insistence on using the audit process as a tool to hold people accountable. Strategic Hint: Do you have audits in place to assure what you say you are doing is in fact being done? Rule 7. The organization and members thereof must have the ability and willingness to learn from mistakes of the past. Analysis of past data is the foundation for almost all of risk management. We (government operations) keep on making the same mistakes over and over again. As I read the lawsuits, injuries and deaths, organizational embarrassments, internal investigations and even the rare criminal filing against our personnel I know that we can learn so much by studying the mistakes we have made in the past. 7 Strategic Hint: Do you have a process in place to study the tragedies of similarly situated cities and counties? We must have the ability and willingness to learn from mistakes of the past - not just in our organization but in similarly situated organizations also. Anyhow, it was an honor to address you today. I could ramble on regarding this issues for several days, but I won't do that today. I hope you leave with an enhanced vision of the value of "real" risk management. And I hope our discussion today will give you something you can do when you get back to work to improve your specific government operations. Finally, please keep our soldiers and sailors in your prayers. Without them, we would be in one heck of a fix right now. I look forward to seeing you again soon. In the interim, if you need anything, please do not hesitate to contact me anytime. Gordon Graham www.Lexipol.com ggmh?II]@J~~ipQL,GQm or my personal office at 714.374.9326 TI')V\LgQfd()J!g[fiham &ill!! 8 Adams. Carol From: Sent: To: Subject: tracki ngupdates@fedex.com Monday, February 13, 20129:13 AM Adams, Carol FedEx Shipment 793214092709 Delivered This tracking update has been requested by: Company Name: Name: E-mail: CITY OF ROHNERT PARK Carol Adams cadams@rpcity.org Our records indicate that the following shipment has been delivered: Reference: Ship (P/U) date: Delivery date: Sign for by: Delivery location: Delivered to: Service type: Packaging type: Number of pieces: Weight: Special handling/Services: Tracking number: Shipper Information Carol Adams CITY OF ROHNERT PARK 130 Avram Avenue ROHNERT PARK CA US 94928 2/14/12 Agenda Packet Feb 10, 2012 Feb 13, 2012 9:06 AM G. SHELTON OAKLAND, CA Receptionist/Front Desk FedEx Priority Overnight FedEx Pak 1 2.00 lb. Deliver Weekday 793214092709 Recipient Information Alexandra M. Barnhill Burke, Williams & Sorensen, LLP 1901 HARRISON ST FL 9 OAKLAND CA US 94612 Please do not respond to this message. This email was sent from an unattended mailbox. This report was generated at approximately 11:12 AM CST on 02/13/2012. To learn more about FedEx Express, please visit our website at fedex.com. All weights are estimated. To track the latest status of your shipment, click on the tracking number above, or visit us at fedex.com. 1 Adams. Carol Subject: Attachments: Adams, Carol Friday, February 10, 2012 4:45 PM Willis, Carrie; 'Connie Bolmeier'; Geffre, Jan; Poon, Patty; Abravaya, Gene; Adam, Dan; Azevedo, Susan; Babonis, Linda; Barber, Nicholas; Barnes, Patrick; Beardsley, Ellen; Bracewell, Michael; Cerini, Dawn; Chung, Johnny; Cordero, Julie; Delgy, Dianna; Espino, Sonia; Galaudet, Barbara; Gonzalez, Gabe; Griffin, Terri; Jenkins, Darrin; Kwong, Ana; Lidster, Beth; Lipitz, Sandy; Litzie, Sandy; Marty, John; Masterson, Brian; Mazzanti, Terri; McArthur, John; Mcintyre, James; Miller, Guy; Morrow, Sharon; O'Donnell, Sean; Orme, Cathy; Pedroncelli, Rick; Peterson, Shannon; Piotrkowski, Teresa; Ponton, Marilyn; Poon, Patty; Reid, Del; Rowley, David; Schieberl, Jessica; Seidenspinner, Nelle; Selivanoff, Sophia; Smith, Angie; Smith, Theresa; Tacata, Eydie; Taylor, Jeff; Utecht, Dale; Zito, Rebecca Rohnert Park City Council Special Meeting Agenda - 2/14/2012 021412 AGENDA-Special Mtg of RPCity Council_FINAL.pdf From: Sent: To: Attached for your information is the following document: . 2-14-12 City Council Special Meeting Agenda Please post to: . City Hall & Website (Carrie Willis) . Library (Connie Bolmeier) . Community Center (Jan Geffre) . Public Safety (Patty poon) Thank you, Caro( 5'lcCams tnterim City Clerk CITY OF ROHNERT PARK 130 Avram Ave. I Rohnert Park, CA 94928 Phone: (707) 588-2225 I Fax: (707) 792-1876 cadams@rpcitV.org website I facebook 1 Meeting Date: Department: Submitted By: Prepared By: At.i~siofl; Stateme'At "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow. " ROHNERT PARK CITY COUNCIL SPECIAL MEETING AGENDA REPORT February 14, 2012 Administration Gabriel A. Gonzalez, City Manager Linda T. Babonis, Economic Development Manager The purpose of the work session is to provide Council with an update on the latest developments pertaining to the dissolution of the former Community Development Commission ("CDC"). Staff recognizes that they will most likely have a great amount of questions and staff is prepared to provide answers; however, what staff is realizing is that there is very little guidance and direction coming from the state, specifically, the Department of Finance and State Controller's Office, the two agencies responsible for implementation of AB IX 26. To this end, staff has been participating in webinars and conference calls to obtain the most recent information on dissolution procedures. While these venues have served a purpose to inform agency staff, there has been very little clarification or answers to the many questions being raised by Successor Agencies throughout the state. The majority of questions being raised are of a legal content. This has proven to be a difficult discussion to have with the Department of Finance because the AB IX 26 is vague and ambiguous. Put simply, each Successor Agency is having to interpret the language of AB IX 26 on its ~wn with its own legal counsel. There continues to be ongoing training and information almost daily on how to continue with the implementation of AB IX 26. Staff has been and will continue to participate in these ongoing training sessions. The proposed outcome of the work session is for Council to have a comprehensive understanding of everything that is going on with the dissolution of the former CDC. Staff has prepared an agenda that will cover the various components of AB 1 X 26 as well as the list of assets, debt, bond proceeds, impacts to General Fund and discuss next steps of the dissolution of the former CDC. Given that new interpretations are being made almost daily, by the Department of Finance, staff will present more detailed information at the work session. The following lists relevant background informational material that is being provided in advance of the City Council Work Session. Q & A Handouts Regarding AB IX 26 - California Redevelopment Association . Implementing AB IX 26 Issues and Recommendations . Initial Summary of Bond Related Technical Issues . Recommended Accounting Approach Applicable to AB IX 26 . AB IX 26 Affordable Housing Provisions I Q & A Handouts Regarding AB IX 26 - Department of Finance · Redevelopment Agency Dissolution Under AB I X 26 Frequently Asked Questions · AB IX 26 Expectations and Understandings Regarding Bond Payments Q & A Handouts AB IX 26 - League of California Cities · Memorandum addressed to California City Officials dated January 30,2012 Staff Transmittal · Mayor's Appointments to Oversight Board Copies of Relevant Legislation · Assembly Bill No. 26 . Senate Bill No. 654 . Senate Bill No. 986 · Assembly Bill No. 1585 2 - \.,.,i11UUIUli1 n.cuCVc:aUpIUCIU rt:S:SU\,;lUUVll - DUllUIUlS DCUel \.,.,VIlllUUIUUC:S CAlSC I VI k ." California Redevelopment Association .... Redevelopment. BU/1ding Better Communities ABOUT US STORE JOBS/RFPS/RFQS MEMBERSHIP lEGISLATION EVENTS IMPLEMENTING AB 1X 26 ISSUES AND RECOMMENDATIONS Q: What do we do about amending our EOPS and how is it used? A: In order to make payments on obligations, an RDA needs to have an adopted EOPS. As the original EOPS adopted last fall only included payments until December, therefore the EOPS must be amended to extend its time horizon. The amendment must be done at a public meeting by January 31st. sent to the county auditor controller and DOF, and posted on the RDA or City website as before. Q: What time period does the amended EOPS cover? A: We recommend amending the EOPS cover the time period between Jan 1,2012 and June 30, 2012 to clarify any cash flow issues, and accommodate further adjustments to the dissolution time line that could arise. Q: What should be included in the EOPS? A: All obligations that need to be paid until June 30th. This would include administrative costs, and the entire amount of any bond or loan debt that needs to be put into reserve or kept in order to make payments as required by indentures and agreements. Q: What about the IROPS, do we have to amend it? A: The IROPS has no legal stature, and is essentially a first draft of the ROPS. If the RDA previously adopted one, it makes sense to formally amend it to match the amended EOPS as needed. Otherwise, it should be prepared/revised as an administrative task by Jan. 30th. Q: What happens to the IROPS if it has no legal stature? A: The IROPS is the responsibility of the redevelopment agency. Once the successor agency is in place, it can make any further updates and revisions it sees fit before submitting its version (the Draft ROPS) to the county for certification. That version must be prepared by March 1st. Q: When and how does the ROPS become effective? A: Following dissolution, a ROPS must be prepared twice annually until all debt is repaid. The first ROPS becomes effective May 1st and lasts until June 30th. An independent certification conducted by the County, approval from the Oversight Board rOB"), and submittal to the State are all required by April 15th. The subsequent ROPS will cover the July 1 to December 31st time period. Given the short time frame of the first ROPS, we suggest preparing both the first and the second ROPS at the same time if possible. Q: Shoutd cooperative agreements remain on the ROPS? A: We recommend leaving cooperative agreements on the ROPS at this time, in order to reserve the right to challenge the invalidation of these agreements. Please seek legal counsel on this issue as it pertains to your specific situation. Q: Should we make pass through payments to taxing entities from tax increment received in December and January? A: As the legislation and Court-modified timeline make it unclear how taxing agencies should be paid between Jan 1 and June 30th of this year, we suggest holding off on payments at this time until a resolution can be reached with your county. Calculate the pass through obligations, but just eannark and maintain the funds needed to pay these pass throughs. Q: When will the limitations on administrative expenses kick in? A: Ifs unclear how administration expenses will be accounted for prior to July 1st2012. We recommend continuing to pay for all reasonable expenses as needed to wind down the affairs of the agency and uphold agreements with employee labor organizations. Include these costs on the EOPS and ROPS. Q: I have administration expenses associated with an ongoing project. Do I have to provide for those costs within the 5%/$250,000 allowance? A: We recommend including any administrative costs directly tied to a project with the project cost itself, not within the catch-all administrative budget. Q: Do we need to setect a successor housing entity? A: Yes. We recommend all cities to either designate themselves as the successor housing entity, or declare which local housing authority should assume these responsibilities. Cities should discuss the potential liability issues for assuming the obligations for Housing with their legal counsel. Cities may also like to incorporate language into any resolution allowing them to rescind a selection if the obligations are found to exceed any assets or resources to be received. Q: How is an Oversight Board formed? A: Though the law does not specifically task the Successor Agency with ensuring formation, we recommend initiating this process soon to allow time to organize and educate the OB, as well as have the first ROPS (covering May and June) approved no later than April 15th. Q: How is the largest special district determined? A: The Successor Agency will likely need to work with the county to detennine this. The legislation does not identify whether the 'largest share" is detennined on a pre- or post-ERAF basis. Q: When willi remit the existing unencumbered fund balances to the county auditor controller? A: The legislation does not give a specific deadline for this action. We recommend holding off on any transfer of funds or assets until specifically directed to by the Oversight Board and once all accounting and cash flow issues are resolved. TOOLS lOGIN FORUM Quicklinks COALITiON FOR JOBS AND NEIGHBORHOOD RENEWAL CRA Site Search I~J Create your own Custom Search Ennine Q(;P;'skl Gadgets powered by Google ~gicPlan 00. for'~elop~Qt Nev.-~e1opment Realltt~) What is ~ Redevelopmen~~~~.~~ ~~::~~_ C-%~;' Sustainable Redevelopment Click ho.... for Sustainabkt Reckivelopmentwebsite http://www.calredevelop.org/ExtemallWCPages/WCW eoContentIW ebContentPage.aspx?C... 2/9/2012 - ~~Ul.VJ..lUQ ..l'-~U\,oiY,,",,.lVp.l.&I\,ill.l" L'"1.l3.:nJ'-orla.1.1V.l.l - LlU.l1UU.l5 U"-,,,,,,. """'V.llll.u.aU"."'~ .I.-a!;", k VI. k Q: What about bond proceeds? A: At this time, there is no definitive answer on whether or not unencumbered bond proceeds can be spent by the Successor Agency. Many redevelopment professionals believe the bond covenants constitute a contract with the bond holders and thus must be spent accordingly. As with other fund balances, we recommend holding off on remitting these proceeds as more information may become available. Sign-up for our updates First/Last Name Company Address Phone Email Address ~ ~'ii California Redevelopment Association 1400 K Street, Suite 204, Sacramento, CA 95814 (916) 448-8760 Fax (916) 448-9397 Home I ~ I Contact Us Ilooin 'i(. Chamber Management Solution http://www.calredevelop.org/External/WCPages/WCW ebContentIW ebContentPage.aspx?C... 2/9/2012 Initial Summary of Bond-Related Technical Issues Regardin. the Implementation of ABx26 eRA Bond Subcommittee (Prepared for discussion purposes for CRA Webinar on 1/26/12) Background Section 34175 (a) of ABx26 states that: "It is the intent of this part that pledges of revenues associated with enforceable obligations of the former redevelopment agencies are to be honored. It is intended that the cessation of any redevelopment agency shall not affect either the pledge, the legal existence of that pledged, or the stream of revenues available to meet the requirements of that pledge." Initial guidance from the State Department of Finance staff affirm their interest and expectation that County auditor-controllers, successor agencies and other interested parties implement the law with this intent in mind. As described on the following pages, several technical issues have arisen that require guidance and/or potential legislation. The purpose of this webinar is to share our understanding of these issues, answer questions and potentially identify any additional issUes that warrant aUention. Initial Summary of Bond.Related technical Issues (1) Source of fundil,. for bond payments throulh May 16, 2012 (2) Uen priority andsemt-annual payment schedules (3) Implied poolinc of distinct security sources (4) Use of bond proceeds, lepl covenants and federal tax law limitations (5) ObpoSltion of bond-funded assets and federal tax law limitations (6) Bond Refundinp and Take-Outs (7) Other Bond Covenants (8) P,..1989 Tax Rate Overrides 1 eRA Bond Subcommittee on ABx26 Implementation Bond-Related Technical Issues That Require Immediate Oariflcation (1) Source of fUndin. for bond payments throulh May 16, 2()12 Property tax revenues are collected by counties in early December and April of each year and typically distributed to various taxing entities within several days or weeks thereafter with a final reconciliation payment made in June. Section 34183(a)(2) specifies that each county auditor-controller will forward moneys in the Redevelopment Property Tax Trust Fund (formerly tax increment) QUJanuary 16, 2012 and June 1, 2012. The Supreme Court opinion amended the January 16,2012 date to May 16, 2012. We believe county auditor-controllers should forward the allocable share of December property tax receipts due to redevelopment agencies expeditiously. If those funds are held back by counties until May, many redevelopment agencies or SUCCeSsor agencies could experience payment defaults, reserve fund draws and/or insurance policy claims as most of the "'$20 billion in outstanding tax allocation bonds have interest or principal and interest debt service payments scheduled for the first day of February, March, April or May, 2012. (2). Lien priority and semi-annual payment schedules AS noted above, Section 34183(a)(2) provides for a semi-annual transfer of allocable property tax funds from county auditor-controllers to successor agencies with a waterfall of payment priorities on each semi-annual transfer date. First, most tax allocation bonds are structured with semi-annual interest payments and annual principal payments. Typically, revenues collected within a fiscal year are applied to bond payments in the lagging bond year (ending on the principal payment date), with the smaller interest payment due in the spring paid from December tax receipts and the larger principal and interest payment due in the late summer or fall paid from remaining December tax receipts Il!.Y! April tax receipts. If county auditor-controllers only forward to successor agencies the interest amount payable from December receipts and distribute the balance to other entities, in many cases the trust fund will not have sufficient funds from the April receipts to cover the principal and interest payment due later in the year. Second, most debt security documents require that the full annual debt payments due from a fiscal year's revenues are sequestered in a pledSed fund before excess revenues can be released to other purposes - such as subordinate bonds or subordinate pass thru payments. AB 26 section effectively undermines the lien status of agency obligations by releasing funds to subordinate claims on a $em;..annual basis before annual senior claims have been satisfied. 2 (3) Implied poolina of distinct sec;urity sources Section 34170.S(b) directs each county auditor-controller to "create within the county treasury a Redevelopment Property Tax Trust Fund for property tax revenues related to each former redevelopment agency." This language provides no direction on accounting for housing set~ aside funds or multiple project areas of a redevelopment agency. Many agencies have separately leveraged tax increment from distinct project areas and/or for the housing set-aside of one or more project areas. Each of these securities may have distinct credit characteristics, bonded debt leverage, pass through payment obligations and credit ratings. To the extent these funds are co-mingled at the agency or county level, the credits securing outstanding bonds could be materially changed - in some cases positively, in other cases negatively. Further, rating agencies and investors look to debt service coverage ratios as an important indication of credit quality. Investors' ability to appropriately track and value their investments could be impaired; this could lead to litigation against the State for impairment of contracts. (4) Use of bond proceeds, lecalcovenants and federal tax law limitations Section 34177(d) and (e) directs successor agencies to "remit unencumbered balances of redevelopment agency funds to the county auditor-controller for distribution to the taxing entities" and "dispose of assets and properties of the former redevelopment agency." later, Section 34177(i) states that "bond proceeds shall be used for the purposes for which bonds were sold unless the purpOSes can no longer be achieved, in which case, the proceeds may be used to defease the bonds." This language has created confusion among agencies, counties and other taxing entities. Timing delays on the use of bond proceeds caused by this confusion could jeopardize the tax status of previously issued bonds. We don't believe unspent bond proceeds can, in any sense, be considered "unencumbered funds" in light of the legal covenants and federal tax law and regulations governing their use. However, in some cases, in order for successor agencies to use bond proceeds for their intended purposes, agencies may still need to execute contracts. (5) Disposition of bond-funded assets and federal tax law limitations As noted above, Section 34177(e) directs successor agencies to "dispose of assets and properties of the former redevelopment agency." In many cases, the assets of redevelopment agencies were funded through the use of tax-exempt bond proceeds (or taxable Build America Bond proceeds). Consequently, the cash proceeds of a sale of these bond~funded assets would be governed by federal tax law and may be required to be used to redeem or defease bonds and/or be limited to eligible capital projects. Given the bond covenants redevelopment agencies entered into at the time of issuance to comply with federal tax law, successor agencies can't reasonably turn over those bond-funded proceeds to other entities without dear commitments from the recipient taxing entities to assume the responsibility (and liability) for fulfUJin8 these covenants. 3 (6) Bond Refundincs Section 34180(b) provides that a successor agency may, with oversight board approval, refund outstanding bonds or other debt of the former redevelopment agency by the successor agency "in order to provide for savings or to finance debt service spikes; provided, however, that no additional debt is created and debt service is not accelerated." In many cases, a bond refunding can generate annual debt service savings due to lower interest rates even though the principal balance increases to cover costs of issuance, debt service reserves and/or insurance premium. For refinancings of bond anticipation notes, variable rate financings for which renewal LOCs aren't available on reasonable terms or other balloon payments, an increase in principal is particularly likely. A literal reading of the statute would suggest that these refundings can't be completed. In addition, due to the ambiguity over the powers of the successor agencies and the elimination of the concept of "tax increment", it's not clear who could be the issuer of the refunding debt and what the security source would be. (7) Other Bond Covenants Most, if not all, bond. indentures require redevelopment agencies to prepare an annual audit of agency financings. Most redevelopment agencies also executed continuing disclosure agreements, promising ongoing information reporting on key credit metrics and financial condition as long as certain bond issues are outstanding. Arguably, upon the dissolution of a redevelopment agency, these obligations and the cost of fulfilling them become obligations of the successor agency. (8) Pre-1989 Tax fbte Overrides Prior to the enactment of AB1x26, the amount of any tax rate override approved by voters before January 1, 1989 was included in the calculation of tax increment revenues. Section 34183(a)(1) changes that, directing Auditor-Controllers to allocate the tax increment revenues derived from these pre-1989 overrides to the taxing entities that levied the tax rate: "Notwithstanding subdivision (e) of Section 33670, that portion of the taxes in excess of the amount identified in subdivision (a) of Section 33670, which are attributable to a tax rate levied by a taxing agency for the purpose of producing revenues in an amount sufficient to make annual repayments of the principal of, and the interest on, any bonded indebtedness for the acquisition or improvement of real property shall be allocated to, and when collected shall be paid into, the fund of that taxing agency." To the extent that some agencies have pledged tax increment revenues derived from the pre- 19890verride tax rate to outstanding bonds, this change would reduce an agency's available revenues to repay debt and weaken the credit of the outstanding bonds. In addition, the language is confusing in its appltcation to tax rate overrides for purposes other than "for the acquisition or improvement of real property" such as pension levies. 4 Recommended Accounting Approach Applicable to AD lX26 Q: What should the accounting structure be for the Successor Agency when it takes over the operations of the redevelopment agency? A: No formal structure is mandated by the legislation and no guidance has been indicated by either the Controller's Office or the Department of Finance. In order to maintain the structure required by bonding arrangements and to have a structure which could allow for future project reporting, it is suggested that on February 1, 2012 redevelopment agencies change the name of their entities from Redevelopment Agency to City (or County) of as Successor Redevelopment Agency in the accounting records. Therefore, the agency's structure would continue, with project area accounting, under the name of the Successor Agency, and the Successor Agency would continue to account for transactions within the existing structure. Utilizing this approach, if reporting is needed on the Agency (prior to dissolution), reports can be run through January 31, 2012 and if reporting is needed on the Successor Agency, reports can be run from February 1, 2012 through the end of the 2011-12 fiscal year, and thereafter. Q: How should the Low and Moderate Housing operation be accounted for if the City or County becomes the Housing Successor, since that succeeding entity assumes all housing "assets", but as of this date existing Housing Fund balance(s) are excluded unless Senate Bill 654 is enacted? A: The successor to the Agency's housing functions, unlike the Successor Agency, will act in its own capacity relative to the former housing functions of the Agency. Therefore, housing assets transferred to the Housing Successor should be titled in the name of the entity assuming the Agency's housing functions, either tbe sponsoring city/county, a housing authority, or HCD. However, unless SB 654 passes, the existing unencumbred balances in the Low and Moderate Income Housing Fund must be transferred to the Successor Agency rather than to the Housing Successor. As with other funds transferred to the Successor Agency, the existing accounting structure should be maintained for balances in the Low and Moderate Income Housing Fund, including project area accounting. As part of the process of evaluation of assets, agencies should comprehensively inventory all assets; and designate whether they are housing assets, and so transferred to the Housing Successor (with the exception of balances in the Low and Moderate Income Housing Fund), or other redevelopment agency assets, and so transferred to the Successor Agency. Qo How should the Redevelopment Obligation Retirement Fund be created with the accounting structure? A: This accounting fund is created by the legislation to take in allocations from the County and utilize those to pay obligations specified on the EOPS or ROPS. As such, this fund needs to be established in the Successor Agency; however, due to the nature of bonding covenants and requirements, we suggest that one of these funds be created for each of the current project areas present in the Agency. Hopefully, the County will allocate monies to the Successor Agency by project area and the Successor Agency can record those amounts in the Redevelopment Obligation Retirement Fund of the applicable project area( s). Then transfers of the amount to the appropriate debt servicing funds and to the Successor Housing Agency (for housing debt) to accomplish debt repayment can occur. Recommended Accounting Approach Applicable to AD lX26 Q. Should agencies transfer monies on February 1, 2012? A: As indicated in prior Q & A discussions put out by CRA, we are in agreement that the legislation does not give a specific deadline or detail a particular process for this action. From an accounting standpoint, the renaming of the accounting records has. in effect transferred those assets to the Successor Agency on the financial records. We also recommend holding off on any transfer of monies or assets until specifically directed to by the Oversight Board and once all accounting and cash flow issues are resolved. For agencies which have a pooled banking arrangement with their City or County, they may wish to consider establishing separate banking arrangements under the name of the Successor Agencies. This could be beneficial in avoiding inadvertent uses of City money for future possible shortages in cash flow that could be created by payments from the County which do not match debt service dates. Q: How will the operations and the future disposition of assets be recorded in the Successor Agency? A: Proceeds earned by the Successor Agency post-dissolution (such as proceeds of asset sales) should not go to the Redevelopment Obligation Retirement Fund; but, instead (h,s~ should . ~o to the carried- over funds of the former Agency that they would have nonnally gone to. From February 1, 2012 through May 1,2012, the Successor Agency should pay obligations listed on the EOPS using retained agency monies. From May 1,2012 to May 16,2012, these same retained funds should be used to pay obligations listed on the ROPS. After May 162012, the County should have allocated funds to the Successor Agency's Redevelopment Obligation Retirement Fund to pay ROPS obligations. However, any successor agency income should be retained until the ROPS is approved andthe successor agency is certain it will have sufficient income to meet its obligations. What are OUr options concerning turning OVer the housing functions to another entity The host City County can elect to retain the BOA HoUsing functions and assets or not If a City declines and the City has a local Housing Authority or the city is establishing a local housing authority then the City may select the Housing Authority to assume the housing assets and functions If a City declines and if your City does not have a Housing Authority then the County s Housing Authority will assume the housing aSSets and functions If there are no local Housing Authorities in the city or COunty then the housing aSSets and functions are assumed by and transferred to State Housing and Community Development HCO There are potential risks and advantages associated with each option and redevelopment agencies are enCOUraged to discuss these with their attorneys and financial advisors ABx 6 AFFORDABLE HOUSING PROVISIONS What is the difference between the Successor Agency and the Housing Successor The City or County that formed the BOA becomes the Successor Agency unless it opted not to by January '" All assets properties COntracts leases books and records bUildings and equipment of the BOA except for most affordable housing assets transfer to the Successor Agency whose task is to unwind and liquidate the non affordable housing assets under the control of the Oversight board In contrast another part of AB x 6 states that the City or County that authorized creation of the BOA may elect to retain the afforda ble housing assets and functions previously performed by the BOA If the City or County so elects or if these functions pass on to the hOusing authority or HCO all former BOA housing related rights powers duties and obligations excluding amounts in the low and Moderate Income Housing Fund Housing FUnd pass to this entity HoUsing Successor The Housing Successor is not subject to the Oversight Board s Control If the Housing Successor is the City or County it is the City or County acting in its Own capacity and not as a Successor Agency What happens to Affordable Housing Assets on February All BOA affordable housing assets excluding the existing Housing Fund balance transfer to the Housing SUccessor The disposition of the eXisting Housing FUnd balance is somewhat unclear in the law as one section states that it transfers to the BOA s Successor Agency and is ultimateiy remitted to the County Auditor Controller for distribution to the taxing entities while another section of statute provides that the Oversight board can order the Successor Agency to turn over all former BOA affordable housing assets including the existing Housing Fund balance to the Housing Successor By operation of law the entire Housing FUnd balance will transfer to the Successor Agency on February It is suggested that the Successor Agency then transfer the encumbered Housing Funds to the Housing Successor to use for housing obligations and retain POssession of the unencumbered Housing Fund i e not send them to the County Auditor Controller until further clarification is made perhaps by the passage of SB 6 What happens to remaining tax exempt and taxable Housing bond proceeds Bond proceeds are to be spent for the purposes for which they were issued unless those purposes can no longer be achieved and then they are used to defease bonds The law is not clear as to who makes this determination There appears to be a strong argument for transferring Housing bond proceeds to the Housing Successor to be used for their intended purpose but check with your bond legal counsel HoW is debt service on outstanding Housing bonds paid The bond debt should be listed as an Enforceable Obligation on the EOPS ROPS and be paid by the successor Agency What responsibilities wilt Housing Successor have They have all rights powers duties and obligations of the former RDA They !J!a", enforce affordability covenants and perform related activities pursuant to the CRL SB 6 would change may to shall As written ABx 6 is not clear if the Housing successor must meet any existing or future Replacement Housing or Inclusionary Housing obligations nor is it clear whether the Housing successor exercises pnwers and performs activities pursuant to the CRL statutes that have been repealed or otherwise declared inoperative Does the Oversight Board oversee the Housing Successor No based on AB x G provisions at this date ABx says that amounts borrowed from the Housing Fund must be repaid Where do these funds go To the successor AgenCY or to the Housing successor Loan repayments lease payments repayments of Housing Fund deferrals and ERAF SERAF loans are all affordable housing related accounts receivable and are therefore considered affordable housing assets of the former redevelopment agency which will pass to the Housing successor entity payments on these accounts receivable will therefore go to the Housing successor 9 What should staff do to prepare for transfer of assets and functions to the Housing Successor Since assets and obligations will transfer to the successor AgenCY and Housing Successor by operation of law on February " without deeds or assignment agreements it is recommended that RDA staff prepare exit memos one to the successor Agency and one to the Housing successor delineating which assets and obligations will transfer to the successor AgenD/ and which will transfer to the Housing successor so there is an internal record of these transfers It is Suggested that as part of the successor Agency s setting up of neW accounts a separate affordable housing account be established for the existing balance in the RDA s Housing Fund pending the County audit and outcome of SB6 Also the Housing successor should create a neW affordable housing fund in its accounts where any encumbered affordable housing assets transferred from the successor AgenD/ as well as funds received by the Housing successor from third parties as loan repayments ground lease payments or sales proceeds should be placed until used pursuant to CRL applicable to the use of the former Housing Fund and if the Housing successor is a housing authority pursuant to applicable provisions of the Housing Authorities laW Health Safety Code section et seq Notices should be sent to parties of all affordable housing contracts informing them of the name and address of the Housing successor for communications and payments If the Housing successor inherits a subordinate mortgage lien from the former RDA a new request for notice of default under prior liens should be recorded against the property including the successor agency s name and address If 58 Steinberg is signed into law what will be different If the January version of SB6 is adopted assets transferred to the Housing successor will in~llJ.<W the existing unencumbered Housing Fund balance Also the County Housing Authority can reject becoming the Housing successor in which case the responsibility will go to HCD Aiso the Housing successor shall as opposed to may enforce affordability covenants and perform related activities pursuant to CRl Should our Agency follow the recommendations outlined in the Western Center s memorandum of January Western Center on Law Poverty has taken the position that the total projected amount of the Housing Fund that would be accumulated through the remaining life of the Redevelopment Plan is indebtedness of the Agency and thus an Enforceable Obligation and should be reflected as an enforceable obligation listed on the EOPS and ROPS Western Center on Law Poverty also states in the memorandum that every Agency has a legal obligation to include the total Housing Fund debt on the EOPS and the subsequent ROPS Many redevelopment lawyers and practitioners have reviewed this memorandum and do not find its arguments compelling thus they do not concur with or conclude there is a legal obligation However RDAs and Successor Agencies may wish to include the annual distribution of low and moderate housing funds as a debt on the EOPS ROPS and allow the Oversight Board and or County Auditor Controller and or DOF to make the final determination Is there a cost allowance for the administration of the Housing Successor White ABx 6 provides an administrative cost allowance for the Successor Agency subject to the approval by the Oversight Board it does not address costs related to the administration of the Housing Successor Therefore the Housing Successor will be responsible for administration costs Generally Agencies are listing all affordable housing obligations as enforceable obligations on the EOPS and ROPS This strategy is being employed in order to seek to receive reimbursement for staffing costs as direct project costs for implementation of Enforceable Obligations Administrative costs of the Housing Successor can also be paid with program income or the Successor Agency may chose to share its administrative cost allowance with the Housing Successor Contributors Celeste Brady CSBRADY SYCR com Diane Hadland dhadland dhaconsulting net Kathe Head khead keysermarston com Polly Marshall PMarshall goldfarblipman com Marie Munson marie seifel com Kathleen Rosenow krosenow webrsg com Redevelopment Agency Dissolution Under ABx1 26 Frequently Asked Questions Q. What are the enforceable obligations for projects partially underway? Many agencies and parties interested in various projects have asked about instances in which a "project" may have been defined very broadly and within it are various actual or potential land acquisitions, site remediation, site improvements, building construction or reconstruction, and other work. Some contracts may exist for portions of this broadly defined project but other components may not yet be fully obligated by contract with other parties. Work components may be completed or in progress. These questions revolve around what, if any, portions of these projects can be considered enforceable obligations under ABx1 26. A. Generally, Finance believes ABx1 26 provides that written contracts for specific performance with parties that are not the sponsoring agency are what qualify as enforceable obligations. Plans, statements of intent, statements of intent to award, designations of project areas, descriptions or lists of projects, or .commitments by the agency without any counter party (other than the local agency that formed the redevelopment agency) will Qot be considered enforceable obligations. Contracts too vague to be enforceable are also not enforceable obligations. Contracts to develop future proposals or future contracts are limited to the work that is specified sufficiently so that it could be enforced. A contract to design something does not imply or become a contract to construct unless such extension or inclusion is specifically called out in the contract and compensation is specified for it, such as in a design-build contract. Specific situations involving bonds that have been sold but for which the specific things to be done with the bond proceeds are not obligated through contracts for performance will have to be reviewed to see if obligations to bond holders require such contracts to be made by successor agencies or whether bonds must be defeased. While this may result in some work being completed that has little apparent current value, ABx1 26 provides that the oversight board may terminate contracts and provide compensation to avoid wastage of funds. Department of Finance encourages successor agencies and oversight boards to review opportunities to do this as they are constructing and approving Recognized Obligation Payment Schedules. There are many different fact situations that will arise that we cannot anticipate or provide advance guidance on. Finance encourages parties that are concerned about specific situations to bring them to our attention by submitting questions and information regarding the specific situation to the Redevelopment Administration website. While we cannot promise to provide a quick or definitive answer, we will endeavor to do so whenever possible. We will try to provide a fairly early indication that we think the situation requires further information and review. Please provide the name, phone number and e-mail address of a principal contact person with whom we can follow up. In those cases where Finance and the Controller do not initially come toa conclusion or need further review time, we are prepared to approve the Recognized Obligation Payment Schedule (ROPS) without the questioned item, if that is a practical option. If Department of Finance AS xi 26-Expectations and understandings regarding bond payments Various interested parties have raised questions about how AB x1 26 may affect various types of debt instruments that have been issued by redevelopment agencies. The Qepartment of Finance will endeavor to administer its responsibilities under the act and provide guidance as questions arise so as to achieve the intent of the law that bond holders and other obligors be protected. The Department of Finance believes that while AB xi 26 does not specifically recite every possible requirement, it does place affirmative duty to perform obligations required pursuant to bond covenants and ~greements. It is the Department's expectation that redevelopment agencies, successor agencies, oversight boards, and county auditors will take appropriate actions to comply with obligations as they have in the past. Q. What Should Happen to Bond Payments due on February 1, 2012? Abxi 26 requires compliance with all obligations contained in enforceable obligations. Bond payments due on February 1, 2012, should be paid in accordance with the bond covenants, which likely require payments be made to a trustee prior to the February 151 due date. In general, bond documents require the payment of funds a couple of days prior to the due date so that the trustee can make the debt service payment on time. Further, even if the early payment to the trustee is not required by the bond documents, nothing in ABx1 26 prevents a redevelopment agency from making the payment to the trustee early. Additionally, the redevelopment agency and future successor can work with the county auditor to determine how best to get the payments and make certain that the bond payments will be seamless. ABx1 26 provides tools to help this occur. For example, ABx1 26 requires that redevelopment agencies provide documents and information to the future successor (S34169, subd. (e)) and requires that redevelopment agencies have set aside and maintained reserves required by section S34169, subd. (c). Finally, ABx1 26 explicitly requires that the successor to make bond payments. The Department of Finance has no reason to believe that any successor will fail in this task. The Department of Finance believes that ABx1 26 requires successor agencies to perform all obligations with respect to debt including any special accounting, reserving, or payment priorities. The Department of Finance believes that AB x1 26 does not prevent compliance and it is the Department's expectation that successor agencies, oversight boards, and county auditors will take appropriate actions to comply with obligations as they have in the past. Q. What about bonds with uneven payment schedules where one semi-annual payment is much larger than the other? ABx1 26 requires successor agencies to perform all obligations with respect to enforceable debt obligations. The Department of Finance believes this includes requirements for any special accounting, reserving, or annual set-aside payment priorities. With respect to uneven payment schedules, ABx1 26 clearly allows successor agencies to create reserves for future bond payments that may be needed, and so that bond covenants can be met as required by ABx1 26. Further, many bond indentures require set-asides at the beginning of a fiscal year an amount to cover payments for the entire year, if not more. In order to comply with the bond covenants, this type of annual set-aside should be included on the Recognized Obligation Payment Schedule, thereby ensuring that enough revenues will be available when each semi-annual payment comes due. It is the Department's expectation that any needed reserves or required annual set- asides will be included in Recognized Obligation Payment Schedules. Q. Does ABx1 26 require bond funds to be coming led or pooled? No. The Department of Finance believes that ABx1 26 requires successor agencies to perform all obligations with respect to debt including any special accounting, reserving, or payment priorities. The Department believes that AB x1 26 places an affirmative duty to perform obligations required pursuant to bond covenants and agreements. Additionally, county auditor-controllers also have an affirmative duty to administer the Trust Fund for the benefit of RDA bond holders. Thus, it is the Department's expectation that successor agencies, oversight boards, and county auditors will take appropriate actions to comply with obligations as they have in the past. Q. Does ABx1 26 eliminate revenue pledges? No. ABx1 26 specifically states that revenue pledges are to be honored. In order to maintain the pledges,it may be necessary to continue to segregate the revenues received attributable to each project area as has been done in the past. It is recommended that the county auditor-controller and the successor agency coordinate efforts to create subaccounts in order to comply with bond covenants applicable to each project area. Maintaining subaccounts (in the similar fashion as done under the prior law) will facilitate a. sljCC8ssoragencY'$ability to set aside the required specific revenues for each bond and make payments from those specific revenues first, if and as required by the bond obligations. It is further the Department's expectation that certain credits may be strengthened in comparison to what they would be under prior law in that they will have access to more of the tax increment for servicing of debt. Specifically, the 20-percent housing set-aside is no longer made and only those funds necessary to service housing bond debt and other enforceable housing obligations will be designated for housing purposes. The remainder will be available for debt service on other bonds. Q. Does ABx1 26 eliminate the ability of counties to do cash-flow loans if needed? No. Department of Finance believes county treasurers have authority under both existing law and ABx1 26 to make cash flow loans to successor agencies. If there is insufficient cash to make payments, we urge county treasurers to make such loans from the funds held for each successor agency. These loans could be recovered by future distributions, if necessary. We call attention to the following specific provisions in ABx1 26 (Health and Safety Code Sections): Sec.34169 Until successor agencies are authorized...redevelopment agencies shall do all of the following: (c). Set aside or maintain reserves in the amount required by indentures, trust indentures, or similar documents governing the issuance of outstanding redevelopment agency bonds. (e) Cooperate with successors agencies, and provide all documents necessary or desirable for ... making of payments required by enforceable obligations, and performance of enforceable obligations by successor agencies. (f) Take all reasonable measures to avoid triggering an event of default under any enforceable obligations as defined in subdivision (d) of Section 34167. Sec. 34171 (d) (1) "Enforceable obligation" means any ofthe following: (A) Bonds, as defined by Section 33602 and bonds issued pursuant to Section 58383 of the Government Code, including the required debt service, reserve set-asides, and any other payments required under the indenture or similar documents governing the issuance of the outstanding bonds of the former redevelopmentagency. 35167 (h) After the enforceable obligation payment schedule is adopted pursuant to Section 34169, or after 60 days from the effective date of this part, whichever is sooner, the [redevelopment] agency shall not make a payment unless it is listed in an adopted enforceable obligation payment schedule, other than payments required to me.t obligations with respect to bonded indebtedness. 34177. Successor agencies are required to do all of the following: (a) Continue to make payments due for enforceable obligations. (1) On and after October 1, 2011, and until a Recognized Obligation Payment Schedule becomes operative, only payments required pursuant to an enforceable obligations payment schedule shall be made. Under the Court's order, while the due date for adopting a Recognized Obligation Payment Schedule is extended to May 1, 2012, the successor agency can adopt and have an operational Schedule by February 4, if the Oversight Board is appointed and adopts a Schedule on February 1 , and if Finance does not object. This would require notice of the meeting to occur in January. We recognize this is very difficult timing but some agencies have already adopted draft Recognized Obligation Payment Schedules and this may be possible for many agencies. 34173. (a) Successor agencies, as defined in this part, are hereby designated as successor entities to the former redevelopment agencies. (b) Except for those provisions of the Community Redevelopment Law that are repealed, restricted, or revised pursuant to the act adding this part, all authority, rights, powers, duties, and obligations previously vested with the former redevelopment agencies, under the Community Redevelopment Law, are hereby vested in the successor agencies. 34174(a) ......... nothing herein is intended to absolve the successor agency of payment or other obligations due or imposed pursuant to the enforceable obligations; and provided further, that nothing in the act adding this part is fntended to be construed as an action or circumstance that may give rise to an event of default under any of the documents governing enforceable obligations. 34175. (a) It is the intent of this part that pledges of revenues associated with enforceable obligations of the former redevelopment agencies are to be honored. It is intended that the cessation of any redevelopment agency shall not affect either the pledge, the legal existence of that pledge, or the stream of revenues available to meet the requirements of the pledge. 34177. Successor agencies are required to do all of the following : (b) Maintain reserves in the amount required by indentures, trust indentures, or similar documents governing the issuance of outstanding redevelopment agency bonds. (c) Perform obligations required pursuant to any enforceable obligation. The Department views this language and 34173 (a) and 34175 (a) above as including any responsibilities with respect to bond obligations, including segregation of funds or separate priority of payments. This also would include requirements with respect to tax exempt status or other federal bond laws. Section 34183 (c) The county treasurer may loan any funds from the county treasury that are necessary to ensure prompt payments of redevelopment agency debts. LEAGUE OF CALI FORNIA .CITIES 1400 K Street, Suite 400 . Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 www.cacities.org TO: FROM: California City Officials Mike Kasperzak, President and Mayor, Mountain View Chris McKenzie, Executive Director Dissolution of RDAs; and "Next Generation" of Redevelopment }anuary30,2012 RE: DATE: Barring any action to the contrary in the next two days by the Legislature, Wednesday, February 1, is the effective date under ABxl 26 for the dissolution of Redevelopment Agencies and first day of the so-called "successor agencies." While inaction by the Legislature and the Governor to address the many concerns and issues raised with ABxl 26 and to extend the February 1 date is a major disappointment, we want to thank you for your support this past year in our work to preserve a tool that has been so valuable to improving our cities, revitalizing neighborhoods, creating jobs and building affordable housing. We have worked in partnership with the California Redevelopment Association (CRA) and a coalition of more than 150 labor, pUblic safety, business, and other groups (see list at http://www.savecajobs.com/whoweare.php) to pass SB 659 (Padilla) to extend the deadline for agency dissolution to April 15. Along the way we received independent validation from the three national bond rating agencies and Stewart Title Insurance Co. that urgent action was needed to avoid possible bOlid defaults and title problems. Despite the dear warnings,and our coalition's extensive efforts, the Legislative Leaders appear to have chosen inaction, and the poorly drafted provisions of ABxl 26 will be a reality. ; This will be a difficult and uncertain time for all of us, but we want to let you know what the League will now be engaged in and how you can be involved. In fact, your involvement in the next few months is more important than ever. 1. FixABxl.26 We know ABxl 26 is broken, and we need to quickly get the Legislature and Governor to fix it. Last Friday we sent the attached letter to Governor Brown, explaining the serious defects in ABxl 26 that require immediate legislative action in partnership with the Legislature, the eRA and other parties. 2. Design, the Next Generation of Redevelopment Tools We also need to begin developing ideas about enhancing or expanding tools communities can use to address their community revitalization and redevelopment need~ including ideas to offer to state officials for what we think should be the next generation of urban 2 redevelopment. rhis is where we will need your ideas and involvement. We understand there may be hesitation about engaging state officials in this discussion after the dissolution of redevelopment agencies, but we need to be at the table. Such engagement also may be helpful in securing the necessary technical corrections to ABxl 26. As part of this policy development process, we will be consulting League policy committees, divisions, departments and. caucuses for ideas about new approaches for financing urban redevelopment. Please feel free to contact Dan Carrigg, Legislative Director, or us with your thoughts and suggestions. We urge you to use your upcoming League meetings to discuss possible approaches and to invite League board members and staff to parpdpate in those discussions. We have started developing some options we can discuss with the League membership in the near future, butas agrassroots organization we are keenly interested in getting your ideas before we get very far along in this process. At the moment it is impossible to determine whether there will be a serious discussion of "next generation" options for redevelopment by the Legislature this session. Given that it is an el~ction year and the state is still in a budget crisis, almost anything could happen. We know it is critical to begin the dialogue, however. We want to thank you again for your support and involvement in our redevelopment advocacy over the last year. We have fought on every front and shoulder-to-shoulder with theCRA. We know it has peen a difficult and trying journey for everyone. It is also fair to say, Ilowever, thatit is far from over. MajOr amendments ~r~ needed to state law and $ome creative thought.given to where we (as both a state and cities) want to head to support redevelopment of urban California. In other words, the last chapter in this saga is far from written. FinaHy,we want to express appreciation to Senator Alex Padilla, the au~or of ~B 659; for his tireless efforts to help usadclr~$s ,the lingeringandseriousprobh~ms withAB:x:l,Z6. Senator Padilla, a past president of the League board of directors, was a strong opponent of th~redevelopment,legislative paclalge last Year,~ndhecontinued his advoqlcytbis.Year in an evenmoreprominentway.. We. look forward to hearing your ideas and feedback about what is next. We are in this together, and the state will hopefully, begin to realize that it cannot hope to thrive without strong cities. Many cities in California actually predate statehood, and strong cities, as you well know, are constantly engaged in redevelopment-,physically, demographically, environmentally and economically. Thank you again for your involvement and support. Encl. January 27 lettert()Govemor Jerry Brown \ LEAGUE '-- OF CALIFORNiA .CITIES 1400 K Street, Suite 400. Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 www.cacities.org January 27, 2012 The Honorable Jerry Brown, Governor State Capitol Sacramento, CA 95814 RE: Urgent Need to Correct Serious Defects inABx126 Dear Governor Brown: As cities and redevelopment agencies have worked in recent weeks to interpret and implement the directives of the Supreme Court and ABx1 26, the League and the California Redevelopment Association (eRA) have advised the Legislature and the Department of Finance of many serious defects in the legislation that could. undermine its intent, cause the waste of taxpayer funds and further erode faith in state and local government. For this reason we have urged support for the short delay in implementation contained in SB 659 (Padilla) to minimize irreversible mistakes in implementing the law. Now that many cities are on the verge of having to implement this flawed legislation, we are writing to urge you to work with the legislature, the eRA and us in developing corrective legislation that addresses the many defectsinABxl 26-defects that may be so serious that they could impede the ability of local agencies to effectively manage public funds during the dissolution process. If this happens, the taxpayers of California could pay a serious price. The critical problems we have identified. generally fall into the following categories: . Possible Bond-Defaults. Despite the stated intent of the dis$olutionlegislation, the three national bond rating agencies have alerted .us that conflicts and ambigvities in the law present the very real prospect of successor agencies not having the cash to make timely bond payments and other potential bond defaults that would deprive the owners of these California municipal bonds of their rights and open the state and local agencies to significant litigation costs and higher interest costs in the future. . Loss of Taxpayer funds. We have documented dozens of problems with ABxl 26 that should be corrected before implementation or it could result in the loss of valuable taxpayer funds~ One example is that the legislation appears to require successor agencies to "defeasen bonds issued for construction projects that have already been designed because the construction contracts have not been 2 finalized and are not "enforceable obligations" under the statute. In such cases federal law and most bond covenants require the successor agencies to do this by setting-aside bond proceeds in low-interest bearing escrow accounts while paying bondholders much higher interest rates. Taxpayers will shoulder the very significant cost of this financial loss and lose the benefits of the project . Possible Violations of Federal Law. The legislation appears to require that local successor agencies violate federal tax law on how bond proceeds can be used or to breach contracts with federal agencies that helped finance certain projects that require prior approval of transfers of real estate. As you now, state law sirnply may not conflict with federal law. These conflicts can be resolved or prevented without litigation ifthere is time to amend the law or alert federal agencies. · Stranded Public Infrastructure Projects. The current law appears to prevent the completion of many infrastructure projects, including ones for which federal funds have been committed, bonds have been issued and engineering design has been completed but for which no construction contracts have been let In other cases, design work currently under contract will have to be completed and paid for on projects that will never be built under the law. These projects, the jobs they Would have created, and the revenue they would have provided to the state and local governments will be tragically' lost. In other cases, environmentally contaminated lands may never be cleaned up .and r~used because the law eliminates the funding source for the clean-up. In the meantime, successor agencies will be liable for these. properties. · LOss olCnticalStaff tolmplementUiw. Lack of clarity .and in sornecases unreasonable lirnitson adminiStrative costs ill the law combined with unreasonable time liiles forplanningrneanrrtany talented staff who' are needed for irnplernenting the law and supporting the work of the Oversight Boards will have to be let go. We l1ave appreciated our recent disc\JssiQns withtl1e Department of Finance in which we (the League and eRA) have laid out all of these problems in detail along with our proposed solutions (see attached list). We strongly recommend that you urge the Legislature to immediately enact these key amendments to ABxl 26. We pledge to work collaboratively with all parties to fashion the needed amendments in order to prevent harm to the public interest. . Respectfully, KWW.L .t;.-- .~. . . .'. ,:.~..'J< e,...".....:-....,.~,.".,~'.............. . ' . 'dO ,.. .-. ". ", . . " . . . . ~ . -" .,- . , . ," . . R Michael Kasperzak, Jr., President Mayor~ Mountain View Christopher McKenzie Executive Director c. Mernbers of the Califomia State Senate and Assembly Ana Matosantos, Director of Finance ABxl 261mplementatkm Issues I. Bonds and other Enforceable Obligations 1. G.;wtn JI@~.feCl\,ir.dpaYlJ)e"~, Section 34177(a)(3) states that commencing on May 1, 2012 (as reformed by the Court), only those payments listed in the Recognized Obligation Payment Schedule may be made by the successor agencyfrom the funds specified in the Recognized Obligation Payment Schedule. However, Section 34177(1) states that the ROPS will not be effective until after approved by the Oversight Board which is not required to be constituted until May. PrQblem: There will likely be a time period (from May 1 until the ROPS is approved by the Oversight Board) in which payments may become due and the successor agency will not be authorized to make'the payments. SQlytiQp.: Amend AB 26 to allow successor agency to continue making payments after May 1 based upon EOPS until ROPStakes effect. 2. 1~\l(Qge"Jwp<ls tqmake~llJi-~q.~'~41~'A~ AB 26 directs the county auditor-controller to make payments to successor agencies based upon the ROPS. The ROPS is a forward-Iooldngschedulethatlists payments due inthe next six-month period. After the auditor-controller distributes property tax to make those payments, the remaining property tax is distributed to the taxing agencies. Pq~blem: Most tax allocation bonds are structured with semi-annual interest payments and annual principal payments. Typically, revenues collected within a fiscal year are applied to bond payments in the lagging calendar year, with the smaller interest payment due in the spring paid from December tax receipts and the larger principal and interest payment due in the late summer or fall paid from remaining December tax receipts~ April tax receipts. If county auditor- controllers only forward to successor agencies the interest amount payable from December receipts and distribute the balance to other entities, the agency may not . have sufficient funds from the April receipts to cover the principal and interest payment due later in the year. Second, most d~bt security documents require that the full annual debt payments due from a fiscal year's revenues are satisfied before excess revenues can be released to other purposes - such as subordinate bonds. or subordinate pass thru payments. This section effectively undermines the lien status of agency obligations by releasing funds to subordinate claims on a semi-annual basis before senior claims have been satisfied. SQ)V\lPP.: Amend AB26 to aUQ.w successor agency to claim property taxes for the full annual bond payment due so as to be able to make the second (larger) payment as required by the bond covenants and to be able to satisfy most senior claims to the funds. January 27,2012 3.^d4itl9uali,Jq~9ritytoIU~ke J>o,~ paypients. AB 26 limits both redevelopment agencies and successor agencies to making those payments that are listed on the EOPS with one important exception; Redevelopment agencies may not make a payment unless it is listed on the EOPS "other than payments required to meet obligations with respect to bonded indebtedness." This language ensured compliance with all bond covenants. Problem:. The language that ensures compliance with all bond covenants was not included for successor agencies; [Compare Section 34167(h) with 34177(a)] Solution: Amend AB 26 to allow successor agencies to make all payments required "to meet obligations with respect to bonded indebtedness." 4. ~ndr~fJ.Jl)diJl~ ~o~allow~deY~Jl)Vh~n sax}np,rec(eated. A bond refunding can generate annual debt service savings due to lower interest rates even though the principal balance increases to cover costs of issuance, debt service reserves and/or insurance premiuIns. Pt;9Q'~~: Section 34180(b) allows a successor agency to refund bonds with oversight board approval but only ffnp ~ddltjoJJal debt is created. Therefore the statute does not allow something that would actually generate additional tax revenue for the taxing entities by lowering the~osts of the bonds. ~QlutiQn: Amend AB 26 to allow refunding of bonds to generate annual debt service savings due to lower interest rates even if additional debt is created.... as long as total increment required to repay debt is not increased. 5.V~#m:"Q~PtJJlboQdp.;O~~~~: ..(;t)lltJj~mtJrf~~tJ'iI..~ Ijm'U\ti(ms: Legal covenants and federal tax law regulate the use of bond proceeds. Agencies issued bonds prior to AB26; "spent" some of the proceeds; and are left with some of the proceeds unspent ProQI~JI1: AB 26 does not provide deal' direction about what can be done with these unspent proceeds without jeopardizing tax status of the bonds or violating bond covenants. SQlv.~iQn: Amend AB 26 to allow use of bond proceeds consistent with the purpose otthebonds in. order to retain tax-exemptstatus of the bonds and comply with bond covenants. 6. O#R9~iti9>>()(~U~-:huJ~'" ~~;~9djct~th {~tJ'ilI~;J JJmit;;tUoQ$: AB 26 requires the successor agenc:y to dispose of assets and properties of the redevelopment agency. In many cases the assets were funded thtoughuse of tax- exempt bond proceeds or taxable Build America Bond proceeds. The cash proceeds ota sale of these bond-funded assets will be governed by federal tax IClw. 2 January 27,2012 Proplem: Bond covenants require compliance with federal tax law. There's no provision in AB 26 to require taxing entities that receive proceeds to assume responsibility and liability for fulfilling these covenants. SQIlJ.tiqJ): Amend AB 26 to prevent use of proceeds ofhond-funded assets that would violate federal tax law. This may require allowing successor agency to retain asset or proceeds and use in accordance with federal tax law. 7. IQJpli~d pqol~.1 qf di$ljnct ~egJgty'9l8.r.~es. Section 34170.5(b) directs each county auditor-controller to "create within the county treasury a Redevelopment Property Tax Trust Fund for property tax revenues related to each former redevelopment agency. Many agencies have separately leveraged tax increment from distinct project areas and/or for the housing set-aside of one or more project areas. Rachof these securities may have distinct cr~ditcharacteristics, bonded debt leverage, pass through payment obligations and credit ratings. P(9bl~m: AB26 does not include any direction to the auditor-controller to account for distinct credit characteristics, bond debt leverage_ pass through payment obligations and credit rat.ings. To the extent these funds are commingled, the credits securing outstanding bonds could be materially changed. Investors' ability to appropriately track and value their investments could be impaired. Sp1uti9n: Amend AB 26 to direct the auditor-controller to establish an accounting system that allows for the payment of agency debt in accordance with its unique characteristics; amend AB 26 to guide the auditor-controller in how to investigate the unique characteristics of agency debt 8.~qrQ:pf.p"'Qllqr Ullj WJmJ'A~tbr.C)lJ&llM~ l~lOl~. Please see Problem Statement and Solution in Section V(l) below to ensure an adequate source of funding for bond payments through May 16, 2012. 9. ~p'ullQ.Y"~d'_'*~tW9~liI~ttl"'a~Mt AB 26 provides for an administrative cost allowance funded from property tax to pay for certain costs incurred for winding down the affairs ofthe redevelopment agency. Successor agencies may only pay for "enforceable obligationst PrQQlem: The definition of "enforceable obligation" (Section 34171(d)(1)) does not dearly include the costs of employees who are necessary to carry out Henforceable obligationsH as required by Section 34177(c). SQJll~iOV: Amend AB 26 to include within the definition of "enforceable obligation" the costs of employees who are necessary to carry out Henforceable obligationsH as required by Section 34177( c). 3 January 27, 2012 II. Employment/Administration 1. A(jmiuj~trfltiv~ Co~ ~lIowante: Section 34171(b) limits the administrative cost allowance to 5% of the property tax allocated to the successor agency for the 2011-12 fiscal year and 3% of property taxes allocated to the Redevelopment Obligation Retirement Fund in subsequent years. Problem: The statute can't be implemented because of delay in implementation of AB 26. The successor agency did not receive property tax for the full 2011-12 fiscal year because of the delay in implementation of AB 26. Solution: Amend the statute to calculate 5% based upon full 2011-12 fiscal year tax increment [tax increment allocated to redevelopment agency in first part of 2011-12 fiscal year; and successor agency in second part of 2011-12 fiscal year]. 2.~!~f(jnK: 'The administrative, cost allowance is too small to cover the costs of staff who are necessary to continue to perform the obligations required by enforceable obligations and otherwise Wind down agency affairs. DOFdaims that these staff costs can be includedas "enforceable obligations" on the EOPS. P(Obl~IJl: AB 26 does not directly address whether staff costs of the successor agenCy to wind down the affairs of the redevelopment agency can be included as enforceable obligations. Because layoff notices must be sent in accordance with MOUs, etc. and because these staff costs are high, successor agencies cannot take the riskoffollowing DOF's direction andtheJ1 finding out the direction is flawed. . S9lutiQn: Amend the statute to clearly state that reasonable staff costs of performing obligations required by enfol'ceable obligations and disposing of assets and properties are "enforceableobligationsHfol' purposes of EOPS. UI.Conti"acts/ReaIProperty 1. lri"'~\1Qnnn$f'rofp~rt;y;. f~4.!QJfPttW~Q~c9~~n~..tqpi[~": Property ofthe redevelopmentagenCywUltransferbyoperation of law to successor agencies' bnFebruaty 1. Pn>plem: Many redevelopment agency contractscontainlirnits on the ability of the agency to transfer property. For example, boilerplate in federal economic development grant contracts prohibit transfer without consent ofthefederal government Thereisinsufficientnlllc to obtain this consent prior to February 1. SQlutlQp: Amend the statute to recognize certain transfers are subject to the approval of appropriate federal agencies and the conveyance. 4 January 27,2012 2. AlJIlost all r'4,velQpment au.-c:y l~a~~eJll~lJts ipvalidilted. With two exceptions, AB 26 invalidates all agreements that require a redevelopment agency to repay the city or county that created it. PrQt>I~m: These agreements take many forms. Some actually save the taxing entities money. Some were specifically authorized by the Legislature. (1) An example of the former: City loans money to agency to reconstruct streets and underground utilities. Property tax increment is used to repay loan. Issuing bonds for this project would have been much more expensive - requiring more tax increment - because of payment of bond counsel, underwriting fees, and continuing disclosure and maintenance of coverage factors and reserves; Cities will be punished for financing redevelopment activity in the most efficient way. (2) An example of the latter: The Legislature allowed a city to loan money to its redevelopment agency to make the SERAF payments. AB 26 nullifies this agreement that the Legislature specifically allowed. ~9Iytion: Amend the statute to include agreements that the Legislature and Governor agree should be honored. 3.t~~.aalio~of>>~~-~~ a~~~Qt$. Obligations of redevelopment agencies become the obligations of successor agencies. PrQ.bl~m: Many pass-through agreements contain provisions that terminate the agreement if the agency ceases to exist, no longer receives tax increment or if there is an alteration in the tax increment allocation system. If these agreements terminate, taxing entities will receive less. Sometimes this money is pledged. Sometimes these agreements contain non-monetary obligations. Solution: Amend statute to address problem. 4. TmNlwofprqeft.Y. AB 26 transfers property from the redevelopment agency to the successor agency by operation of law. PrQble.oo: The transfer of property by operationoflaw will create title problems for the subsequent transfer of property from the successor agency to a third party as there has been a break.in the chain of recorded title. This will create problems for title insurers and county recorders. Many title companies have already instituted a moratorium on writing title insurance for redevelopment transactions. Splytjpn: Amend the statute to allow transfers of properties to successor agendes with proper documentation; 5. ',"h)I.l1J~Jl'U:t 4Qm3tp, Pf~~~ AS 26 vests in the successor agency the authority formerly vested in the redevelopment agency H except as repealed. restricted or revised" pursuant to AB 26. Section 34163(e) states that 5 January 27, 2012 redevelopment agencies no longer have authority to acquire real property. (Also see Section 34189(a)). Probl~m: Redevelopment agencies commenced eminent domain proceedings prior to AB 26 but cannot complete the proceedings. Successor agencies can't complete the proceedings either. This means abandoning eminent domain actions which means paying the property owner's attorneys fees, abandonment of public projects and waste of public funds. SolutiQn: Amend ABx126 to allow a successor agency to complete an eminent domain proceeding which has been initiated by the former redevelopment agency. IV. Oversight Board 1. Le&;ll St..tus. AB 26 creates an oversight board for each succeSsor agency. Prqplem: AB 26 is silent regarding (1) legal status as a public entity; (2) authority to enter into contracts; (3) authority to sue and be sued; (4) authority to retain legal counsel SQI\Jtion: Amend statute to provide complete description of powers and duties of oversight board. 2.~J@rw'natiQnQ(Jar&f:s.l~~931 ~,~~~: One of the members of the oversight boatdisffom the "largest special district by property tax share." Pr9blem: The "property tax share" c~n be calculated prior to or after making the ERAF calculation. AB26 is 'silent on this issue. ~Qlut1oJ1: Amend AB 26 to explain whether the share is calculated pre or post ERAF. . V. Auditor-Controller 1. eA.YW~DJ"f.PmR@rtyl'~tR~Qc~S$(1rAletJ~.es.. AB26 directs the county auditor-contl'ollertom~ke property tax payments to successor agencies based upon the Recognized Obligation Payinent Schedule (ROPS). P(QQlew: The ROPS wiUnot become effective until May 1. Successor agencies are required to make payments for enforceable obligations listed on Enforceable Obligation Payment Schedule (EOPS) beginning February 1. SOhJtiPIl: Amend AB 26 to authorize county auditor to allocate property tax to successor agencies based upon HOPS until ROPSis in effect 6 Meeting Date: Department: Submitted By: Prepared By: Agenda Title: Mission Statement "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow. " ROHNERT PARK CITY COUNCIL SPECIAL MEETING AGENDA REPORT February 14, 2012 Administration Gabriel A. Gonzalez, City Manager Linda T. Babonis, Economic Development Manager Mayor's Appointments to Successor Agency Oversight Board BA<:;J{GROUND: On December 29, 2011, the California Supreme Court issued its decision in the California Redevelopment Association v. Matosantos case. The Supreme Court found that ABX1 26, the redevelopment agency Dissolution Act, was constitutional, and that AB Xl 27, the Alternative Redevelopment Program Act, was unconstitutional. The Court further found that the two pieces of legislation were severable. Therefore, as of February 1st all redevelopment agencies were dissolved under AB Xl 26 and none will have the opportunity to opt into continued existence under AB Xl 27. Consistent with AB Xl 26, . On August 23,2011, the City Council adopted an Enforceable Obligation Payment Schedule ("EOPS") . On October 11,2011, the City Council adopted an amended EOPS. . On January 10, 2012, the City Council adopted a resolution electing to become the successor agency for Rohnert Park's Community Development Commission (CDC). . On January 10,2012, the City Council elected to retain the housing assets and functions of the CDC. . On January 24,2012, the City Council adopted a second amended EOPS. One ofthe requirements of AB Xl 26 (Health and Safety Code Section 34179(a)) is the formation of an Oversight Board consisting of seven members; two of which are to be appointed by the mayor for the city that formed the redevelopment agency. In order to meet the deadlines for certain actions of the Oversight Board required by AB Xl 26, such as the Oversight Board's approval ofthe initial Recognized Obligation Payment Schedule by April 15, 2012, and notification of the Oversight Board's chair and members to the State Department of Finance by May 1,2012, Mayor Mackenzie must appoint his members to the Oversight Board as soon as possible. 1 The two members shall be selected as follows; 1) One member appointed by the mayor for the city that formed the redevelopment agency. 2) One member representing the employees of the former redevelopment agency appointed by the mayor or chair of the board of supervisors, as the case may be, from the recognized employee organization representing the largest number of former redevelopment agency employees employed by the successor agency at the time. OVERSIGHT BOARD FA9s: · Oversight Boards have fiduciary responsibilities to holders of enforceable obligations and the taxing entities that benefit from distributions of property tax and other revenues · Oversight Board members serve without compensation or reimbursement for expenses · Oversight Board members have personal immunity from suit for their actions taken within the scope of their responsibilities as Oversight board members · Successor Agencies pay for all of the costs of meetings of the Oversight Board and may include those costs in its administrative budget · The Oversight Board shall be deemed to be a local entity for purposes of the Ralph M. Brown Act, the California Public Records Act, and the Political Reform Act of 1974. · A majority vote of the total membership of the Oversight Board is required for the Oversight Board to take action. · Each member of the Oversight Board serves at the pleasure of the entity that appointed such member · Any individual may simultaneously be appointed to as many as five Oversight Boards and may hold an office in a city, county, city and county, special district, school district, or community college district · The Department of Finance (DOF) may review all Oversight Board actions OVE~SIG,I;IT BQf\~nE~ISJO~ MAKJ:NGAVTHORJTY: All of the following successor agency actions shall first be approved by the Oversight Board; · The establishment of new payment terms for outstanding loans where the terms have not been specified prior to enactment of AB Xl 26 · Refunding of outstanding bonds or other debt of the former redevelopment agency · Setting aside amounts in reserves .as required by indentures, trust indentures or similar documents . Merging project areas · Continuing the acceptance of federal grants or other forms of financial assistance · Entering into compensation agreement(s) with other taxing entities to provide payments to them for the retention of any properties or other assets for future redevelopment · Establishment of the Recognized Obligation Payment Schedule 2 . A request to enter into an agreement with the city, county, or city and county that formed the redevelopment agency that it is succeeding . A request by a successor agency or taxing entity to pledge, or to enter into an agreement for the pledge of, property tax revenues OVERSIGHT BOARD SPAN OF CONTROL: Oversight Boards direct successor agencies to. .. . Dispose of all assets and properties of the former redevelopment agency that were funded by tax increment revenues e Cease performance in connection with and terminate all existing agreements that do not qualify as enforceable obligations . Transfer housing responsibilities and all rights, powers, duties, and obligations along with any amounts on deposit in Low and Moderate Income Housing Fund to appropriate entity e Terminate any agreement, between the dissolved redevelopment agency and any public entity located in the same county in any instance where the Oversight Board has found that early termination would be in the best interests of the taxing entities ANALYSIS: The first Mayoral appointment under Section 34179 (2) of the Health and Safety Code says, "One member appointed by the mayor for the city that formed the redevelopment agency." >> It is staffs opinion that this could be anyone including another City Council member, the City Manager, city staff or a member of the public. B. The second Mayoral appointment under Section 34179 (2) of the Health and Safety Code says, "One member representing the employees of the former redevelopment agency appointed by the mayor or chair of the board of supervisors, as the case may be, from the recognized employee organization representing the largest number of former redevelopment agency employees employed by the successor agency at the time." >> There is a single staff position allocated, but it is vacant. The vacant position is represented by the Rohnert Park Employee's Association. However, the redevelopment activities have been carried out by an unrepresented management employee whose primary responsibility is economic development. Given that the seat for an employee organization is to represent the interest of affected employees, it seems reasonable that the manager actually performing the work, who is the only affected employee, should serve on the board. OPTIONS CqNSIDERED: The City of Rohnert Park must comply with the provisions of AB Xl 26 as it applies to appointments to the Successor Agency Oversight Board. FISCAL IMPACT/FUNDING SOURCE: Members of the Oversight Board serve without compensation or reimbursement for expenses. 3 Assembly Bill No. 26 . CHAPTER 5 An act to amend Sections 33500,33501,33607.5, and 33607.7 of, and to add Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) to Division 24 of, the Health and Safety Code, and to add Sections 97.401 and 98.2 to the Revenue and Taxation Code, relating to redevelopment, and making an appropriation therefor, to take effect immediately, bill related to the budget. [Approved by Governor June 28, 2011. Filed with Secretary of State June 29, 2011.] LEGISLATIVE COUNSEL'S DIGEST All 26, Blumenfield. Community redevelopment. (1) The Community Redevelopment Law authorizes the establishment of redevelopment agencies in communities to address the effects of blight, as defined. Existing law provides that an action may be brought to review the validity of the adoption or amendment of a redevelopment plan by an agency, to review the validity of agency findings or determinations, and other agency actions. This bill would revise the provisions of law authorizing an action to be brought against the agency to determine or review the validity of specified agency actions. (2) Existing law also requires that if an agency ceases to function, any surplus funds existing after payment of all obligations and indebtedness vest in the community. The bill would suspend various agency activities and prohibit agencies from h:!\;urting indebtedness commencing on the effective date of this act. Effective October 1,2011, the bill would dissolve all redevelopment agencies and community development agencies in existence and designate successor agencies, as defined, as successor entities. The bill would impose various requirements on the successor agencies and subject successor agency actions to the review of oversight boards, which the bill would establish. The bill would require county auditor-controllers to conduct an agreed-upon procedures audit of e.ach fonner redevelopment agency by March 1, 2012. The bill would require the county auditor-controller to detennine the amount of property taxes that would have been allocated to each redevelopment agency if the agencies had not been dissolved and deposit this amount in a Redevelopment Property Tax Trust Fund in the county. Revenues in the trust fund would be allocated to various taxing entities in the county and to cover specified expenses of the fonner agency. By imposing additional duties upon local public officials, the bill would create a state-mandated local program. m % Ch.5 -2- (3) The bill would prohibit a redevelopment agency from issuing new bonds, notes, interim certificates, debentures, or other obligations if any legal challenge to invalidate a provision of this act is successful. (4) The bill would appropriate $500,000 to the Department of Finance from the General Fund for administrative costs associated with the bilI. (5) The biII would provide that its provisions take effect only if specified legislation is enacted in the 2011-12 First Extraordinary Session of the Legislature. (6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (7) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. Governor Schwarzenegger issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 6, 20 I O. Governor Brown issued a proclamation on January 20, 20 I I, declaring and reaffirming that a fiscal emergency exists and stating that his proclamation supersedes the earlier proclamation for purposes of that constitutional provision. This bill would state that it addresses the fiscal emergency declared and reaffirmed by the Governor by proclamation issued on January 20, 201 I, pursuant to the California Constitution. (8) This bill would declare that it is to take effect immediately as a biII providing for appropriations related to the Budget Bill. Appropriation: yes. The people of the State of California do enact as follows: SECTION I. The Legislature finds and declares all of the following: (a) The economy and the residents of this state are slowly recovering from the worst recession since the Great Depression. (b) State and local governments are still facing incredibly significant declines in revenues and increased need for core govemmentalservices. (c) Local governments across this state continue to confront difficult choi~es and have had to reduce fire and police protection among other servIces. (d) Schools have faced reductions in funding that have caused school districts to increase class size and layoff teachers, as well as make other hurtful cuts. (e) Redevelopment agencies have expanded over the years in this state. The expansion of redevelopment agencies has increasingly shifted property taxes away from services provided to schools, counties, special districts, and cities. rn 96 -3- Ch.5 In aH nK, all, pH ( the intent of the Legislature to do all of the following in this act: ( ! (;xisting redevelopment agencies from incurring new obligations, pric their dissolution. (\J(ocate property tax reVenues to successor agencies for making pay on indebtedness incurred by the redevelopment agency prior to its and allocate remaining balances in accordance with applicable con:iitutionaj and statutory provisions. K1,]ginning October 1, 2011, allocate these funds according to the property tax allocation within each county to make the funds fm cilies, counties, special districts, and school and community diClixlcts" ('i) Ki;.;quire successor agencies to expeditiously wind down the affairs of the dissolved redevelopment agencies and to provide the successor agencies with limited authority that extends only to the extent needed to dl winddown of redevelopment. agency affairs. 2, S~ction 33500 of the Health and Safety Code is amended to read: :~3;)041.(a) Notwithstanding any other provision oflaw, including Section 33S0 afi~ action may be brought to review the validity of the adoption or amn,;J(.nent of a redevelopment plan at any time within 90 days after the date; of the adoption of the ordinance adopting or amending the plan, if the adoption ofthe ordinance occurred prior to January I, 2011. (b) Notwithstanding any other provision oflaw, including Section 33501, an action may be brought to review the validity of any findings or determinations by the agency or the legislative body at any time within 90 days after the date on which the agency or the legislative body made those findings or determinations, if the findings or determinations occurred prior to January 1,2011. (e) Notwithstanding any other law, including Section 33501, an action may be brought to review the validity of the. adoption or amendment of a Fedevclopment agencies take in approximately 12 percent of all of taxes collected across this state. (;slimated that under current law, redevelopment agencies will (,inion in property tax revenue from other taxing agencies in the '2 fiscal year. Legislature has all legislative power not explicitly restricted to ':aYUornia Constitution does not require that redevelopment agencies (,;d~;t and, unlike other entities such as counties, does not limit the (;ontrol over that existence. Redevelopment agencies were statute and can therefore be dissolved by statute. their dissolution, any property taxes that would have been to redevelopment agencies will no longer be deemed tax increment. dh.iSe taxes will be deemed property tax revenues and will be to successor agencies to make payments on the indebtedness dissolved redevelopment agencies, with remaining balances accordance with applicable constitutional and statutory it. mm rn 96 Cb.5 -4- redevelopment plan at any time within two years after the date of the adoption of the ordinance adopting or amending the plan, if the adoption of the ordinance occurred after January 1,2011. (d) Notwithstanding any other law, including Section 33501, an action may be brought to review the validity of any findings or determinations by the agency or the legislative body at any time within two years after the date on which the agency or the legislative body made those findings or determinations, if the findings or determinations occurred after January 1, 2011. SEC. 3. Section 33501 of the Health and Safety Code is amended to read: 33501. (a) An action may be brought pursuantto Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure to determine the validity of bonds and the redevelopment plan to be financed or refinanced, in whole or in part, by the bonds, or to determine the validity of a redevelopment plan not financed by bonds, including without limiting the generality of the foregoing, the legality and validity of all proceedings theretofore taken for or in any way connected with the establishment of the agency, its authority to transact business and exercise its powers, the designation of the survey area, the selection of the project area, the formulation of the preliminary plan, the validity of the finding and determination that the project area is predominantly urbanized, and the validity of the adoption of the redevelopment plan, and also including the legality and validity of all proceedings theretofore taken and (as provided in the bond resolution) proposed to be taken for the authorization, issuance, sale, and delivery of the bonds, and for the payment of the principal thereof and interest thereon. (b) Notwithstanding subdivision (a), an action to determine the validity of a redevelopment plan, or amendment to a redevelopment plan that was adopted prior to January 1,2011, may be brought within 90 days after the date ofthe adoption of the ordinance adopting or amending the plan. (c) Any action that is commenced on or after January 1, 2011, which is brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure to determine the validity or legality of any issue, document, or action described in subdivision (a), may be brought within two years after any triggering event that occurred after January 1,2011. (d) For the purposes of protecting the interests of the state, the Attorney General and the Department of Finance are interested persons pursuant to Section 863 of the Code of Civil Procedure in any action brought with respect to the validity of an ordinance adopting or amending a redevelopment plan pursuant to this section. (e) For purposes of contesting the inclusion in a project area of lands that are enforceably restricted, as that term is defined in Sections 422 and 422.5 of the Revenue and Taxation Code, or lands that are in agricultural use, as defined in subdivision (b) of Section 5120 I of the Government Code, the Department of Conservation, the county agricultural commissioner, the rn 96 -5- Cb.5 bureau, the California Farm Bureau Federation, and agricultural general fann organizations that provide a written request for interested persons pursuant to Section 863 of the Code of Civil in any action brought with respect to the validity of an ordinance amending a redevelopment plan pursuant to this section. Section 33607.5 of the Health and Safety Code is amended to rC'.,i :5. (a) (1) This section shall apply to each redevelopment project pursuant to a redevelopment plan which contains the provisions by Section 33670, is either: (A) adopted on or after January I, including later amendments to these redevelopment plans; or (B) to January I, 1994, but amended, after January I, 1994, to i\f~li'1'itory. For plans amended after January I, 1994, only the from territory added by the amendment shall be subject to AU the amounts calculated pursuant to this section shall be c,lled aiter the amount required to be deposited in the Low and Moderate IR Fund pursuant to Sections 33334.2, 33334.3, and 33334.6 ha' deducted from the total amount of tax increment funds received by in the applicable fiscal year. payments made pursuantto this section shall be in addition to an; Dlm,mt" the affected taxing entities receive pursuant to subdivision (a) of 33670. The payments made pursuant to this section to the affected tay including the conununity, shall be allocated among the an '{Lid taxing entities, including the community if the community elects to payments, in proportion to the percentage share of property taxes en I C(';h~d taxing entity, including the community, receives during the tl:"e funds are allocated, which percentage share shall be without regard to any amounts allocated to a city, a city and coun.ly, Ok a county pursuant to Sections 97.68 and 97.70 of the Revenue and Taxation Code, and without regard to any allocation reductions to a city. and county, a county, a special district, or a redevelopment agency tH 8~~;tions 97.71, 97.72, and 97.73 of the Revenue and Taxation and Section 33681.12. The agency shall reduce its payments pursuant to this section to an affected taxing entity by any amount the agency has directly or indirectly, pursuant to Section 33445, 33445.5, 33445.6, or ,my other provision of law other than this section for, or in coni 'cetlon with, a public facility owned or leased by that affected taxing agency~ except: (A) any amounts the agency has paid directly or indirectly pur3uant to an agreement with a taxing entity adopted prior to January I, 1994; or (B) any amounts that are unrelated to the specific project area or amenilinent governed by this section. The reduction in a payment by an agency to a school district, community college district, or county office of education, or for special education, shail be subtracted only from the amount that otherwise would be available for use by those entities for educational facilities pursuant to paragraph (4). If the amount of the reduction exceeds the muoul1t that otherwise would have been available for use for educational 1Il 96 Ch.5 -6- facilities in anyone year, the agency shall reduce its payment in more than one year. (3) If an agency reduces its payment to a school district, community college district, or county office of education, or for special education, the agency shall do all of the following: (A) Determine the amount of the total payment that would have been made without the reduction. (B) Determine the amount of the total payment without the reduction which: (i) would have been considered property taxes; and (ii) would have been available to be used for educational facilities pursuant to paragraph (4). (C) Reduce the amount available to be used for educational facilities. (D) Send the payment to the school district, community college district, or county office of education, or for special education, with a statement that the payment is being reduced and including the calculation required by this subdivision showing the amount to be considered property taxes and the amount, if any, available for educational facilities. (4) (A) Except as specified in subparagraph (E), of the total amount paid each year pursuant to this section to school districts, 43.3 percent shall be considered to be property taxes for the purposes of paragraph (1) of subdivision (h) of Section 42238 of the Education Code, and 56.7 percent shall not be considered to be property taxes for the purposes of that section and shall be available to be used for educational facilities, including, in the case of amounts paid during the 2011-12 fiscal year through the 2015-16 fiscal year, inclusive, land acquisition, facility construction, reconstruction, remodeling, maintenance, or deferred maintenance. (B) Except as specified in subparagraph (E), of the total amount paid each year pursuant to this section to community college districts, 47.5 percent shall be considered to be property taxes for the purposes of Section 84751 of the Education Code, and 52.5 percent shall not be considered to be property taxes for the purposes of that section and shall be available to be used for educational facilities, including, in the case of amounts paid during the 2011-12 fiscal year through the 2015-16 fiscal year, inclusive, land acquisition, facility construction, reconstruction, remodeling, maintenance, or deferred maintenance. (C) Except as specified in subparagraph (E), of the total amount paid each year pursuant to this section to county offices of education, 19 percent shall be considered to be property taxes for the purposes of Section 2558 of the Education Code, and 81 percent shall not be considered to be property taxes for the purposes of that section and shall be available to be used for educational facilities, including, in the case of amounts paid during the 2011-12 fiscal year through the 2015-16 fiscal year, inclusive, land acquisition, facility construction, reconstruction, remodeling, maintenance, or deferred maintenance. (D) Except as specified in subparagraph (E), of the total amount paid each year pursuant to this section for special ed~ation, 19 percent shall be considered to be property taxes for the purposes of Section 56712 of the rn % -7- Cb.5 Education Code, and 81 percent shall not be considered to be property taxes for the purposes of that section and shall be available to be used for education facilities, including, in the case of amounts paid during the 2011-12 fiscal year through the 2015-16 fiscal year, inclusive, land acquisition, facility construction, reconstruction, remodeling, maintenance, or deferred maintenance. (E) If, pursuant to paragraphs (2) and (3), an agency reduces its payments to an educational entity, the calculation made by the agency pursuant to paragraph (3) shall determine the amount considered to be property taxes and the amount available to be used for educational facilities in the year the reduction was made. (5) Local education agencies that use funds received pursuant to this section for school facilities shall spend these funds at schools that are: (A) within the project area, (B) attended by students from the project area, (C) attended by students generated by projects that are assisted directly by the redevelopment agency, or (D) determined by the governing board of a local education agency to be of benefit to the project area. (b) Commencing with the first fiscal year in which the agency receives tax increments and continuing through the last fiscal year in which the agency receives tax increments, a redevelopment agency shall pay to the affected taxing entities, including the community if the community elects to receive a payment, an amount equal to 25 percent of the tax increments received by the agency after the amount required to be deposited in the Low and Moderate Income Housing Fund has been deducted. In any fiscal year in which the agency receives tax increments, the community that has adopted the redevelopment project area may elect to receive the amount authorized by this paragraph. (c) Commencing with the 11 th fiscal year in which. the agency receives tax increments and continuing through the last fiscal year in which the agency receives tax increments, a redevelopment agency shall pay to the affected taxing entities, other than the community. which has adopted the pr()ject, in addition to the amounts paid pursuant to subdivision (b) and after deducting the amount allocated to the Low and Moderate Income Housing Fund, an amount equal to 21 percent of the portion of tax increments received by the agency, which shall be calculated by applying the tax rate against the amount of assessed value by which. the current year assessed value exceeds the first adjusted base year assessed value. The first adjusted base year assessed value is the assessed value of the project area in the lOth fiscal year in which the agency receives tax increment revenues. (d) Commencing with the 31 st fiscal year in which the agency receives tax increments and continuing through the last fiscal year in which the agency receives tax increments, a redevelopment agency shall pay to the affected taxing entities, other than the community which has adopted the project, in addition to the amounts paid pursuant to subdivisions (b) and (c) and after deducting the amount allocated to the Low and Moderate Income Housing Fund, an amount equal to 14 percent of the portion of tax increments received by the agency, which shall be calculated by applying the tax rate rn 96 Cb.5 -8- against the amount of assessed value by which the current year assessed value exceeds the second adjusted base year assessed value. The second adjusted base year assessed value is the assessed value of the project area in the 30th fiscal year in which the agency receives tax increments. (e) (I) Prior to incurring any loans, bonds, or other indebtedness, except loans or advances from the community, the agency may subordinate to the loans, bonds, or other indebtedness the amount required to be paid to an affected taxing entity by this section, provided that the affected taxing entity has approved these subordinations pursuant to this subdivision. (2) At the time the agency requests an affected taxing entity to subordinate the amount to be paid to it, the agency shall provide the affected taxing entity with substantial evidence that sufficient funds will be available to pay both the debt service and the payments required by this section, when due. (3) Within 45 days after receipt of the agency's request, the affected taxing entity shall approve or disapprove the request for subordination. An affected taxing entity may disapprove a request for subordination only if it finds, based upon substantial evidence, that the agency will not be able to pay the debt payments and the amount required to be paid to the affected taxing entity. If the affected taxing entity does not act within 45 days after receipt of the agency's request, the request to subordinate shall be deemed approved and shall be final and conclusive. (f) (1) The Legislature finds and declares both of the following: (A) The payments made pursuant to this section are necessary in order to alleviate the financial burden and detriment that affected taxing entities may incur as a result of the adoption of a redevelopment plan, and payments made pursuant to this section will benefit redevelopment project areas. (B) The payments made pursuant to this section are the exclusive payments that are required to be made by a redevelopment agency to affected taxing entities during the term of a redevelopment plan. (2) Notwithstanding any other provision oflaw, a redevelopment agency shall not be required, either directly or indirectly, as a measure to mitigate a significant enviroIUllcntal effect or as part of any settlement agreement or judgment brought in any action to contest the validity of a redevelopment plan pursuant to Section 33501, to make any other payments to affected taxing entities, or to pay for public facilities that will be owned or leased to an affected taxing entity. (g) As U$ed in this section, a "local education agency" is a school district, a community college district, or a county office of education. SEC. 5. Section 33607.7 of the Health and Safety Code is amended to read: 33607.7. (a) This section shall apply to a redevelopment plan amendment for any redevelopment plans adopted prior to January I, 1994, that increases . the limitation on the number of dollars to be allocated to the redevelopment agency or that increases, or eliminates pursuant to paragraph (I) of subdivision (e) of Section 33333.6, the time limit on the establishing of loans, advances, and indebtedness established pursuant to paragraphs (I) rn 96 -9- Cb.5 and (2) of subdivision (a) of Section 33333.6, as those paragraphs read on December 31, 200 I, or that lengthens the period during which the redevelopment plan is effective if the redevelopment plan being amended contains the provisions required by subdivision (b) of Section 33670. However, this section shall not apply to those redevelopment plans that add new territory. (b) If a redevelopment agency adopts an amendment that is governed by the provisions of this section, it shall pay to each affected taxing entity either of the following: . . (1) If an agreement exists that requires payments to the taxing entity, the amount required to be paid by an agreement between the agency and an affected taxing entity entered into prior to January 1, 1994. (2) If an agreement does not exist, the amounts required pursuant to subdivisions (b), (c), (d), and (e) of Section 33607.5, until termination of the redevelopment plan, calculated against the amount of assessed value by which the current year assessed value exceeds an adjusted base year assessed value. The amounts shall be allocated between property taxes and educational facilities, including, in the case of amounts paid during the 2011-12 fiscal year through the 2015--,-16 fiscal year, inclusive, land acquisition, facility construction, reconstruction, remodeling, maintenance, or deferred maintenance, according to the appropriate formula in paragraph (3) of subdivision (a) of Section 33607.5. In determining the applicable amount under Section 33607.5, the first fiscal year shall be the first fiscal year following the fiscal year in which the adjusted base year value is determined. (c) The adjusted base year assessed value shall be the assessed value of the project area in the year in which the limitation being amended would have taken effect without the amendment or, if more than one limitation is being amended, the first year in which one or more of the limitations would have taken effect without the amendment. The agency shall commence making these payments pursuant to the terms of the agreement, if applicable, or, if an agreement does not exist, in the first fiscal year following the fiscal year in which the adjusted base year value is determined. SEC. 6. Part 1.8 (commencing with Section 34161) is added to Division 24 of the Health and Safety Code, to read: PART 1.8. RESTRICTIONS ON REDEVELOPMENT AGENCY OPERATIONS CHAPTER 1. SUSPENSION OF AGENCY ACTIVITIES AND PROHIBITION ON CREATION OF NEW DEBTS 34161. Notwithstanding Part 1 (commencing with Section 33000), Part 1.5 (commencing with Section 34000), Part 1.6 (commencing with Section 34050), and Part 1.7 (commencing with Section 34100), or any other law, commencing on the effective date of this part, no agency shall incur new or expand existing monetary or legal obligations except as provided in this 111 % Ch.5 -10- part. All of the provisions of this part shall take effect and be operative on the effective date of the act adding this part. 34162. (a) Notwithstanding Part 1 (commencing with Section 33000), Part 1.5 (commencing with Section 34000), Part 1.6 (commencing with Section 34050), and Part 1.7 (commencing with Section 34100), or any other law, commencing on the effective date of this act, an agency shall be unauthorized and shall not take any action to incur indebtedness, including, but not limited to, any of the following: (1) Issue or sell bonds, for any purpose, regardless of the source of repayment of the bonds. As used in this section, the term "bonds," includes, but is not limited to, any bonds, notes, bond anticipation notes, interim certificates, debentures, certificates of participation, refunding bonds, or other obligations issued by an agency pursuant to Part 1 (commencing with Section 33000), and Section 53583 of the Government Code, pursuant to any charter city authority or any revenue bond law. (2) Incur indebtedness payable from prohibited sources of repayment, which include, but are not limited to, income and revenues of an agency's redevelopment projects, taxes allocated to the agency, taxes imposed by the agency pursuant to Section 7280.5 of the Revenue and Taxation Code, assessments imposed by the agency, loan repayments made to the agency pursuant to Section 33746, fees or charges imposed by the agency, other revenues of the agency, and any contributions or other financial assistance from the state or federal government. (3) Refund, restructure, or refinance indebtedness or obligations that existed as of January 1, 2011, including, but not limited to, any of the following: (A) Refund bonds previously issued by the agency or by another political subdivision of the state, including, but not limited to, those issued by a city, a bousing authority, or a nonprofit corporation acting on behalf of a city or a housing authority. (B) Exercise the right of optional redemption of any of its outstanding bonds or elect to purchase any of its own outstanding bonds. (C) Modify or amend the terms and conditions, payment schedules, amortization or maturity dates of any of the agency's bonds or other obligations that are outstanding or exist as of January 1, 2011. (4) Take out or accept loans or advances, for any purpose, from the state or the federal government, any other public agency, or any private lending institution, or from any other source. For purposes ofthis section, the term "loans" include, but are not limited to, agreements with the community or any other entity for the purpose of refinancing a redevelopment project and moneys advanced to the agency by the community or any other entity for the expenses of redevelopment planning, expenses for dissemination of redevelopment information, other administrative expenses, and overhead of the agency. (5) Execute trust deeds or mortgages on any real or personal property owned or acquired by it. ill 96 -11- Cb.5 (6) Pledgeor encumber, for any purpose, any of its revenues or assets. As used in this part, an agency's "revenues and assets" include, but are not limited to, agency tax revenues, redevelopment project revenues, other agency revenues, deeds of trust and mortgages held by the agency, rents, fees, charges, moneys, accounts receivable, contracts rights, and other rights to payment of whatever kind or other real or personal property. As used in this part, to "pledge or encumber" means to make a commitment of, by the grant of a lien on and a security interest in, an agency's revenues or assets, whether by resolution, indenture, trust agreement, loan agreement, lease, installment sale agreement, reimbursement agreement, mortgage, deed of trust, pledge agreement, or similar agreement in which the pledge is provided for or created. (b) Any actions taken that conflict with this section are void from the outset and shall have no force or effect. (c) Notwithstanding subdivision (a), a redevelopment agency may issue refunding bonds, which are referred to in this part as Emergency Refunding Bonds, only where all of the following conditions are met: (1) The issuance of Emergency Refunding Bonds is the only means available to the agency to avoid a default on outstanding agency bonds. (2) Both the county treasurer and the Treasurer have approved the issuance of Emergency Refunding Bonds. (3) Emergency Refunding Bonds are issued only to provide funds for any single debt service payment that is due prior to October 1, 2011, and that is more than 20 percent larger than a level debt service payment would be for that bond. (4) The principal amount of outstanding agency bonds is not increased. 34163. Notwithstanding Part 1 (commencing with Section 33000), Part 1.5 (commencing with Section 34000), Part 1.6 (commencing with Section 34050), and Part 1.7 (commencing with Section 34100), or any other law, commencing on the effective date of this part, an agency shall not have the authority to, and shall not, do any of the following: (a) Make loans or advances or grant or enter into agreements to provide funds or provide financial assistance of any sort to any entity or person for any purpose, including, but not limited to, all of the following: (1) Loans of moneys or any other thing of value or commitments to provide financing to nonprofit organizations to provide those organizations with financing for the acquisition, construction, rehabilitation, refinancing, or development of multifamily rental housing or the acquisition of commercial property for lease, each pursuant to Chapter 7.5 (commencing with Section 33741) of Part 1. (2) Loans of moneys or any other thing of value for residential construction, improvement, or rehabilitation pursuant . to Chapter 8 (commencing with Section 33750) of Part 1. These include, but are not limited to, construction loans to purchasers of residential housing, mortgage loans to purchasers of residential housing, and loans to mortgage lenders, or any. other entity, to aid in financing pursuant to Chapter 8 (commencing with Section 33750). rn 96 Ch.5 -12- (3) The purchase, by an agency, of mortgage or construction loans from mortgage lenders or from any other entities. (b) Enter into contracts with, incur obligations, or make commitments to, any entity, whether governmental, tribal, or private, or any individual or groups of individuals for any purpose, including, but not limited to, loan agreements, passthrough agreements, regulatory agreements, services contracts, leases, disposition and development agreements, joint exercise of powers agreements, contracts for the purchase of capital equipment, agreements for redevelopment activities, including, but not limited to, agreements for planning, design, redesign, development, demolition, alteration, construction, reconstruction, rehabilitation, site remediation, site development or improvement, removal of graffiti, land clearance, and seismic retrofits. (c) Amend or modify existing agreements, obligations, or commitments with any entity, for any purpose, including, but not limited to, any of the following: (l) Renewing or extending term of leases or other agreements, except that the agency may extend lease space for its own use to a date not to exceed six months after the effective date of the act adding this part and for a rate no IDore than 5 percent above the rate the agency currently pays on a monthly basis. (2) Modifying terms and conditions of existing agreements, obligations, or commitments. (3) Forgiving all or any part of the balance owed to the agency on existing loans or extend the term or change the terms and conditions of existing loans. (4) Increasing its deposits to the Low and Moderate Income Housing Fund created pursuant to Section 33334.3 beyond the minimum level that applied to it as of January 1,2011. (5) Transferring funds out of the Low and Moderate Income Housing Fund, except to meet the minimum housing-related obligations that existed as of January 1,2011, to make required payments under Sections 33690 and 33690.5, and to borrow funds pursuant to Section 34168.5. (d) Dispose of assets by sale, long-term lease, gift, grant, exchange, transfer, assignment, or othenvise, for any purpose, including, but not limited to, any of the following: (1) Assets, including, but not limited to, real property, deeds of trust, and mortgages held by the agency, moneys, accounts receivable, contract rights, proceeds of insurance claims, grant proceeds, settlement payments, rights to receive rents, and any other rights to payment of whatever kind. (2) Real property, including, but not limited to, land, land under water and waterfront property, buildings, structures, fixtures, and improvements on the land, any property appurtenant to, or used in connection with, the land, every estate, interest, privilege, easement, franchise, and right in land, including rights-of-way, terms for years, and liens, charges, or encumbrances by way of judgment, mortgage, or othenvise, and the indebtedness secured by the liens. rn 96 -13- Ch.5 (e) Acquire real property by any means for any purpose, including, but not limited to, the purchase, lease, or exercising of an option to purchase or lease, exchange, subdivide, transfer, assume, obtain option upon, acquire by gift, grant, bequest, devise, or otherwise acquire any real property, any interest in real property, and any improvements on it, including the repurchase of developed property previously owned by the agency and the acquisition of real property by eminent domain; provided, however, that nothing in this subdivision is intended to prohibit the acceptance or transfer of title for real property acquired prior to the effective date of this part. (f) Transfer, assign, vest, or delegate any of its assets, funds, rights, powers, ownership interests, or obligations for any purpose to any entity, including, but not limited to, the community, the legislative body, another member of a joint powers authority, a trustee, a receiver, a partner entity, another agency, a nonprofit corporation, a contractual counterparty, a public body, a limited-equity housing cooperative, the state, a political subdivision of the state, the federal government, any private entity, or an individual or group of individuals. (g) Accept financial or other assistance from the state or federal government or any public or private source if the acceptance necessitates or is conditioned upon the agency incurring indebtedness as that term is described in this part. 34164. Notwithstanding Part I (commencing with Section 33000), Part 1.5 (commencing with Section 34000), Part 1.6 (commencing with Section 34050), and Part 1.7 (commencing with Section 34100), or any other law, commencing on the effective date of this part, an agency. shall lack the authority to, and shall not, engage in any of the following redevelopment activities: (a) Prepare, approve, adopt,. amend, or merge a redevelopment plan, including, but not limited to, modifying, extending, or otherwise changing the time limits on the effectiveness of a redevelopment plan. (b) Create, designate, merge, expand, or otherwise change the boundaries of a project area. (c) Designate a new survey area or modify, extend, or otherwise change the boundaries of an existing survey area. (d) .Approve or direct or cause the. approval of any program, project, or expenditure where approval is not required by law. (e) .Prepare, fonnulate, amend, or otherwise modify a preliminary plan or cause the preparation, fonnulation, modification, or amendment of a preliminary plan. (f) Prepare, fonnulate, amend, or otherwise modify an implementation plan or cause the preparation, fonnulation, modification, or amendment of an implementation plan. (g) Prepare, fonnulate, amend, or otherwise modify a relocation plan or cause the preparation, fonnulation, modification, or amendment of a relocation plan where approval is not required by law. rn 96 Ch.5 -14- (h) Prepare, formulate, amend, or otherwise modify a redevelopment housing plan or cause the preparation, formulation, modification, or amendment of a redevelopment housing plan. . (i) Direct or cause the development, rehabilitation, or construction of housing units within the c()mmunity, unless required to do so by an enforceable obligation. (j) Make or modify a declaration or finding of blight, blighted areas, or slum and blighted residential areas. (k) Make any new findings or declarations that any areas of blight cannot be remedied or redeveloped by private enterprise alone. (I) Provide or commit to provide relocation assistance, except where the provision of relocation assistance is required by law. (m) Provide or commit to provide financial assistance. 34165. Notwithstanding Part 1 (commencing with Section 330(0), Part 1.5 (commencing with Section 34000), Part 1.6 (commencing with Section 34050), and Part 1.7 (commencing with Section 341 (0), or any other law, cotrll11encing on the effective date of this part, an agency shall lack the authority to, and shall not, do any of the following: (a) Enter into new partnerships, become a member in a joint powers authority, form a joint powers authority, create new entities, or become a member of any entity of which it is not currently a member, nor take on nor agree to any new duties or obligations as a member or otherwise of any entity to which the agency belongs or with which it is in any way associated. (b) Impose new assessments pursuant to Section 7280.5 of the Revenue and Taxation Code. (c) Increase the pay, benefits, ()r contributions of any sort for any officer, employee, consultant, contractor, or any other goods or service provider that had not previously been contracted. (d) Provide optional or discretionary bonuses to any officers, employees, consultants, contractors, or any other service or goods providers. (e) Increase numbers of staff employed by the agency beyond the number employed as of January 1, 2011. (t) Bring an action pursuant to Chapter 9 (commencing with Section 860) ofTitJe 10 of Part 2 of the Code of Civil Procedure to determine the validity of any issuance or proposed issuance of revenue bonds under this chapter and the legality and validity of alJ proceedings previously taken or proposed in a resolution of an agency to be taken for the authorization, issuance, sale, and delivery of the revenue bonds and for the payment of the principal thereof and interest thereon. (g) Begin any condemnation proceeding or begin the process to acquire real property by eminent domain. (h) Prepare or have prepared a draft environmental impact report. This subdivisi()n shall not alter or eliminate any requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21 (00) of the Public Resources Code). 34166. No legislative body or local governmental entity shall have any statutory authority to create or otherwise establish a new redevelopment rn 96 -15- Cb.5 agency or community development commission. No chartered city or chartered county shall exercise the powers granted in Part 1 (commencing with 330(0) to create or otherwise establish a redevelopment agency. 34167 This part is intended to preserve, to the maximwn extent possible, the revenues and assets of redevelopment agencies so that those assets an.d revenues that are not needed to pay for enforceable obligations may be; uscd by local governments to fund core governmental services including police and fire protection services and schools. It is the intent of the Legislature that redevelopment agencies take no actions that would further deplete the corpus of the agencies' funds regardless of their original source, All provisions of this part shall be construed as broadly as possible to support this intent and to restrict the expenditure of funds to the fullest extent (b) puq.lOses of this part, "agency" or "redevelopment agency" means a redev(:k'pment agency created or formed pursuant to Part 1 (commencing with Section 33000) or its predecessor or a community development commi:;:;;no created or formed pursuant to Part 1.7 (commencing with Sectioni (0) or its predecessor. (c) Nothing in this part in any way impairs the authority of a community development commission, other than in its authority to act as a redevekjJment agency, to take any actions in its capacity as a housing authority for any other community development purpose of the jurisdiction in whkxi opt:rntes. (d) For purposes of this part, "enforceable obligation" means any of the following: (1) as defined by Section 33602 and bonds issued pursuant to Sectim cgSO anhe Government Code, including the required debt service, reserw w[~asides and any other payments required under the indenture or similar documents governing the issuance of the outstanding bonds of the redevelopment agency. . (2). 1m!!!:>> of moneys borrowed by the redevelopment agency for a lawful purpoS((, induding, but not limited to, moneys borrowed from the Low and Moderate Income Housing Fund, to the extent they are legally required to be repaid pursuant to a required repayment schedule or other mandatory loan tenns. (3) F::yments required by the federal government, preexisting obligations to the siat0 or obligations imposed by state law, other than passthrough payment[~ that are made by the county auditor-controller pursuant to Section 34183, or legally enforceable payments required in connection with the agencies' employees, including, but not limited to, pension payments, pension obligation debt service, and unemployment payments. (4) Judgments or settlements entered by a competent court of law or binding arbitration decisions against the former redevelopment agency, other than passthrough payments that are made by the county auditor-contrpller pursuant to Section 34183. Along with the successor agency, the oversight board shall have the authority and standing to appeal any judgment or to set aside any settlement or arbitration decision. [!] 96 Cb.5 -16- (5) Any legally binding and enforceable agreement or contract that is not otherwise void as violating the debt limit or public policy. (6) Contracts or agreements necessary for the continued administration or operation of the redevelopment agency to the extent permitted by this part, including, but not limited to, agreements to purchase or rent office space, equipment and supplies, and pay-related expenses pursuant to Section 33127 and for carrying insurance pursuant to Section 33134. (e) To the extent that any provision of Part I (commencing with Section 33000), Part 1.5 (commencing with Section 34000), Part 1.6 (commencing with Section 34050), or Part 1. 7 (commencing with Section 34100) conflicts with this part, the provisions of this part shall control. Further, if any provision in Part I (commencing with Section 33000), Part 1.5 (commencing with Section 34000), Part 1.6 (commencing with Section 34050), or Part 1.7 (commencing with Section 34100) provides an authority that this part is restricting or eliminating, the restriction and elimination provisions of this part shall control. (f) Nothing in this part shall be construed to interfere with a redevelopment agency's authority, pursuant to enforceable obligations as defined in this chapter, to (l) make payments due, (2) enforce existing covenants and obligations, or (3) perform its obligations. (g) The existing terms of any memorandum of understanding with an employee organization representing employees of a redevelopment agency adopted pursuant to the Meyers-Milias-Brown Act that is in force on the effective date of this part shall continue in force until September 30, 2011, unless a new agreement is reached with a recognized employee organization prior to that date. (h) After the enforceable obligation payment schedule is adopted pursuant to Section 34169, or after 60 days from the effective date of this part, whichever is sooner, the agency shall not make a payment unless it is listed in an adopted enforceable obligation payment schedule, other than payments required tomeet obligations with respect to bonded indebtedness. (i) The Department of Finance and the Controller shall each have the authority to require any documents associated with the enforceable obligations to be provided to them in a manner of their choosing. Any taxing entity, the department, and the Controller shall.each have standing to file a judicial action to prevent a violation under this part and to obtain injunctive or other appropriate relief. (j) For purposes of this part, "auditor-controller" means the officer designated in subdivision ( e) of Section 24000 of the Government Code. 34167.5. Commencing on the effective date of the act adding this part, the Controller shall review the activities of redevelopment agencies in the state to determine whether an asset transfer has occurred after January I, 2011, between the city or county, or city and county that created a redevelopment agency or any other public agency, and the redevelopment agency. If such an asset transfer did occur during that period and the government agency that received the assets is not contractually committed to a third party for the expenditure or encumbrance of those assets, to the III 96 -17- Ch.5 prohibited by state and federal law, the Controller shall order the 11, assets to be returned to the redevelopment agency or, on or after ::;0 11, to the successor agency, if a successor agency is established Part 1.85 (commencing with Section 34170). Upon receiving order from the Controller, an affected local agency shall, as soon reverse the transfer and return the applicable assets to the agency or, on or after October 1, 2011, to the successor . a successor agency is established pursuant to Part 1.85 imendng with Section 34170). The Legislature hereby finds that a 'el of assets by a redevelopment agency during the period covered in "\x:tkm is deemed not to be in the furtherance of the Community .uelopment Law and is thereby unauthorized. (a) Notwithstanding any other law, any action contesting the ul' jhi~ part or Part 1.85 (commencing with Section 34170) or a(~ts taken pursuant to these parts shall be brought in the Superior County of Sacramento. provision of this part or the application thereof to any person or ( " );I,mace is held invalid, the invalidity does not affect other provisions or of this part which can be given effect without the invalid provlsicm or application, and to this end, the provisions of this part are CHAPTER 2. REDEVELOPMENT AGENCY RESPONSIBILITIES Until successor agencies are authorized pursuant to Part 1.85 with Section 34170), redevelopment agencies shall do all of (i j to make all scheduled payments for enforceable obligations, as dc!im':d in subdivision (d) of Section 34167. (by Perform obligations required pursuant to any enforceable obligations, includhlil~" 110t limited to, observing covenants for continuing disclosure obligatkm~' and those aimed at preserving the tax-exempt status of interest payable on any outstanding agency bonds. (c: ) S~t aside or maintain reserves in the amount required by indentures, trust indentures, or similar documents governing the issuance of outstanding redc.vclopmcnt agency bonds. (0) Consistent with the intent declared in subdivision (a) of Section 34167, preserve all assets, minimize all liabilities, and preserve all records of the redevelopment agency. (e) Cooperate with the successor agencies, if established pursuant to Part 1.85 (commencing with Section 34170), and provide all records and infOImation necessary or desirable for audits, making of payments required by enforceable obligations, and perfonnarn;e of enforceable obligations by the successor agencies. I1J 96 Ch.5 -18- (f) Take all reasonable measures to avoid triggering an event of default under any enforceable obligations as defined in subdivision (d) of Section 34167. (g) ( 1) Within 60 days of the effective date of this part, adopt an Enforceable Obligation Payment Schedule that lists all of the obligations that are enforceable within the meaning of subdivision (d) of Section 34167 which includes the following information about each obligation: (A) The project name associated with the obligation. (B) The payee. (C) A short description of the nature of the work, product, service, facility, or other thing of value for which payment is to be made. (D) The amount of payments obligated to be made, by month, through December 2011. (2) Payment schedules for issued bonds may be aggregated, and payment schedules for payments to employees may be aggregated. This schedule shall be adopted at a public meeting and shall be posted on the agency's Internet Web site or, if no Internet Web site exists, on the Internet Web site of the legislative body, if that body has an Internet Web site. The schedule may be amended at any public meeting of the agency. Amendments shall be posted to the Internet Web site for at least three business days before a payment may be made pursuant to an amendment. The Enforceable Obligation Payment Schedule shall be transmitted by mail or electronic means to the county auditor-controller, the Controller, and the Department of Finance. A notification providing the Internet Web site location of the posted schedule and notifications of any amendments shall suffice to meet this requirement. (h) Prepare a preliminary draft of the initial recognized obligation payment schedule, no later than September 30, 2011, and provide it to the successor agency, if a successor agency is established pursuant to Part 1.85 (co:nunencing with Section 34170). (i) The Department of Finance may review a redevelopment agency action taken pursuant to subdivision (g) or (h). As such, all agency actions shall not be effective for three business days, pending a request for review by the department. Each agency shall designate an official to whom the department may make these requests and who shall provide the department with the telephone number and e-mail contact information for the purpose of communicating with the department pursuant to this subdivision. In the event that the department requests a review of a given agency action, the department shall have 10 days from the date of its request to approve the agency action or return it to the agency for reconsideration and this action shall not be effective until approved by the department. In the event that the department returns the agency action to the agency for reconsideration, the agency must resubmit the modified action for department approval and the modified action shall not become effective until approved by the department. This subdivision shall apply to a successor agency, if a successor agency is established pursuant to Part 1.85 (commencing with Section 34170), as a successor entity to a dissolved redevelopment agency, with rn 96 -19- Ch.5 respect to the preliminary draft of the initial recognized obligation payment schedule. CHAPTER 3. ApPLICATION OF PART TO FORMER PARTICIPANTS OF THE ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM 34169.5. (a) It is the intent of the Legislature that a redevelopment agency, that fonnerly operated pursuant to the Alternative Voluntary Redevelopment Program (Part 1.9 (commencing with Section 34192)), but that becomes subject to this part pursuant to Section 34195, shall be subject to all of the requirements of this part, except that dates and deadlines shall be appropriately modified, as provided in this section, to reflect the date that the; agency becomes subject to this part. (b) for purposes of a redevelopment agency that becomes subject to this part pursuant to Section 34195, the following shall apply: (1) Any reference to "January 1, 2011," shall be construed to mean January] of the year preceding the year that the redevelopment agency became subject to this part, but no earlier than January 1,2011. (2) Any reference to a date "60 days from the effective date ofthis part" shall be construed to mean 60 days from the date that the redevelopment agency becomes subject to this part. (3) Except as provided in paragraphs (1) and (2), any reference to a date certain shall be construed to be the date, measured from the date that tbe redevelopment agency became subject to this part, that is equivalent to the duration of time between the effective date of this part and the date certain identified in statute. SEe. 7. Part 1.85 (commencing with Section 34170) is added to Division 24 of the Health and Safety Code, to read: PART 1.85. DISSOLUTION OF REDEVELOPMENT AGENCIES AND DESIGNATION OF SUCCESSOR AGENCIES CHAPTER 1. EFFECTIVE DATE, CREATION OF FUNDS, AND DEFINITION OF TERMS 34170. (a) Unless otherwise specified, all provisions of this part shall become operative on October 1,2011. (b) Ifany provision of this part or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this part which can be given effect without the invalid provision or application, and to this end, the provisions of this part are severable. 34170.5. (a) The successor agency shall create within its treasury a Redevelopment Obligation Retirement Fund to be administered by the successor agency. ill 96 Ch.5 -20- (b) The county auditor~controller shall create within the county treasury a Redevelopment Property Tax Trust Fund for the property tax revenues related to each former redevelopment agency, for administration by the county auditor-controller. 34171. The following terms shall have the following meanings: (a) ''Administrative budget" means the budget for administrative costs of the successor agencies as provided in Section 34177. (b) "Administrative cost allowance" means an amount that, subject to the approval of the oversight board, is payable from property tax revenues of up to 5 percent of the property tax allocated to the successor agency for the 2011-12 fiscal year and up to 3 percent of the property tax allocated to the Redevelopment Obligation Retirement Fund money that is allocated to the successor agency for each fiscal year thereafter; provided, however, that the amount shall not be less than two hundred fifty thousand dollars ($250,000) for any fiscal year or such lesser amount as agreed to by the successor agency. However, the allowance amount shall exclude any administrative costs that can be paid from bond proceeds or from sources other than property tax. (c) "Designated local authority" shall mean a public entity formed pursuant to subdivision (d) of Section 34173. (d) (I) "Enforceable obligation" means any of the following: (A) Bonds, as defined by Section 33602 and bonds issued pursuant to Section 58383 of the Government Code, including the required debt service, reserve set-asides, and any other payments required under the indenture or similar documents governing the issuance of the outstanding bonds of the former redevelopment agency. (B) Loans of moneys borrowed by the redevelopment agency for a lawful purpose, to the extent they are legally required to be repaid pursuant to a required repayment schedule or other mandatory loan terms. (C) Payments required by the federal government, preexisting obligations to the state or obligations imposed by state law, other than passthrough payments that are made by the county auditor-controller pursuant to Section 34183, or legally enforceable payments required in connection with the agencies' employees, including, but not limited to, pension payments, pension obligation debt service, unemployment payments, or other obligations conferred through a collective bargaining agreement. (D) Judgments or settlements entered by a competent court of law or binding arbitration decisions against the former redevelopment agency, other than passtbrough payments that are made by the county auditor-controller pursuant to Section 34183. Along with the successor agency, the oversight board shall have the authority and standing to appeal any judgment or to set aside any settlement or arbitration decision. (E) Any legally binding and enforceable agreement or contract that is not otherwise void as violating the debt limit or public policy. However, nothing in this act shall prohibit either the successor agency, with the approval or at the direction of the oversight board, or the oversight board itself from terminating any existing agreements or contracts and providing rn % -21- Cb.5 any necessary and required compensation or remediation for such termination. (F) Contracts or agreements necessary for the administration or operation of the successor agency, in accordance with this part, including, but not limited to, agreements to purchase or rent office space, equipment and supplies, and pay-related expenses pursuant to Section 33127 and for carrying insurance pursuant to Section 33134. (G) Amounts borrowed from or payments owing to the Low and Moderate Income Housing Fund of a redevelopment agency, which had been deferred as of the effective date of the act adding this part; provided, however, that the repayment schedule is approved by the oversight board. (2) For purposes of this part, "enforceable obligation" does not include any agreements, contracts, or arrangements between the city, county, or city' and county that created the redevelopment agency and the former redevelopment agency. However, written agreements entered into (A) at the time of issuance, but in no event later than December 31, 2010, of indebtedness obligations, and (B) solely for the purpose of securing or repaying those indebtedness obligations may be deemed enforceable obligations for purposes of this part. Notwithstanding this paragraph, loan agreements entered into between the redevelopment agency and the city, county, or city and county that created it, within two years of the date of creation of the redevelopment agency, may be deemed to be enforceable obligations. (3) Contracts or agreements between the former redevelopment agency and other public agencies, to perform services or provide funding for governmental or private services or capital projects outside of redevelopment project areas that do not provide benefit to the redevelopment project and thus were not properly authorized under Part 1 (commencing with Section 33000) shall be deemed void on the effective date of this part; provided, however, that such contracts or agreements for the provision of housing properly authorized under Part 1 (commencing with Section 33000) shall not be deemed void. (e) "Indebtedness obligations" means bonds, notes, certificates of participation, or other evidence of indebtedness, issued or delivered by the redevelopment agency, or by ajoint exercise of powers authority created by the redevelopment agency, to third-party investors or bondholders to finance or refinance redevelopment projects undertaken by the redevelopment agency in compliance with the Community Redevelopment Law (part 1 (commencing with Section 33000)). (f) "Oversight board" shall mean each entity established pursuant to Section 34179. (g) "Recognized obligation" means an obligation listed in the Recognized Obligation Payment Schedule. (h) "Recognized Obligation Payment Schedule" means the document setting forth the minimum payment amounts and due dates of payments required by enforceable obligations for each six-month fiscal period as provided in subdivision (m) of Section 34177. rn 96 Cb.5 -22- (i) "School entity" means any entity defined as such in subdivision (t) of Section 95 of the Revenue and Taxation Code. (j) "Successor agency" means the county, city, or city and county that authorized the creation of each redevelopment agency or another entity as provided in Section 34173. (k) "Taxing entities" means cities, counties, a city and county, special. districts, and school entities, as defined in subdivision (t) of Section 95 of the Revenue and Taxation Code, that receive passthrough payments and distributions of property taxes pursuant to the provisions of this part. CHAPTER 2. EFFECT OF REDEVELOPMENT AGENCY DISSOLUTION 34172. (a) (1) All redevelopment agencies and redevelopment agency components of community development agencies created under Part 1 (commencing with Section 33000), Part 1.5 (commencing with Section 34000), Part 1.6 (commencing with Section 34050), and Part 1.7 (commencing with Section 34100) that were in existence on the effective date of this part are hereby dissolved and shall no longer exist as a public body, corporate or politic. Nothing in this part dissolves or otherwise affects the authority of a community redevelopment commission, other than in its authority to act as a redevelopment agency, in its capacity as a housing authority or for any other community development purpose of the jurisdiction in which it operates. For those other nonredevelopment purposes, the community development commission derives its authority solely from federal or local laws, or from state laws other than the Community Redevelopment Law (Part 1 (commencing with Section 33000)). (2) A community in which an agency has been dissolved under this section may not create a new agency pursuant to Part 1 (commencing with Section 33000), Part 1.5 (commencing with Section 34000), Part 1.6 (commencing with Section 34050), or Part 1.7 (commencing with Section 34100). However, a community in which the agency has been dissolved and the successor entity has paid off all of the former agency's enforceable obligations may create a new agency pursuant to Part 1. (commencing with Section 33000), Part 1.5 (commencing with Section 34000), Part 1.6 (commencing with Section 34050), or Part 1. 7 (commencing with Section 34100), subject to the tax increment provisions contained in Chapter 3.5 (commencing with Section 34194.5) of Part 1.9 (commencing with Section 34192). (b) All authority to transact business or ex.ercise powers previously granted under the Community Redevelopment Law (Part 1 (commencing with Section 33000) is hereby withdrawn from the former redevelopment . agencies. ( c) Solely for purposes of Section 16 of Article XVI of the California Constitution, the Redevelopment Property Tax Trust Fund shall be deemed to be a special fund of the dissolved redevelopment agency to pay the principal of and interest on loans, moneys advanced to, or indebtedness, ill % -23- Ch.S whether funded, refunded, assumed, or otherwise incurred by the redevelopment agency to finance or refinance, in whole or in part, the redevelopment projects of each redevelopment agency dissolved pursuant to this part. (d) Revenues equivalent to those that would have been allocated pursuant to subdivision (b) of Section 16 of Article XVI of the California Constitution shall be allocated to the Redevelopment Property Tax Trust Fund of each successor agency for making payments on the principal of and interest on loans, and moneys advanced to or indebtedness incurred by the dissolved redevelopment agencies. Amounts in excess of those necessary to pay obligations of the fonner redevelopment agency shall be deemed to be property tax revenues within the meaning of subdivision (a) of Section I of Article XlII A of the California Constitution. 34173. (a) Successor agencies, as defined in this part, are hereby designated as successor entities to the fonner redevelopment agencies. (b) Except for those provisions of the Community Redevelopment Law that are repealed, restricted, or revised pursuant to the act adding this part, all authority, rights, powers, duties, and obligations previously vested with the fonner redevelopment agencies, under the Community Redevelopment Law, are hereby vested in the successor agencies. (c) (1) Where the redevelopment agency was in the fonn of a joint powers authority, and where the joint powers agreement governing the fonnation of the joint powers authority addresses the allocation of assets and liabilities upon dissolution of the joint powers authority, then each of the entities that created the fonner redevelopment agency may be a successor agency within the meaning of this part and each shall have a share of assets and liabilities based on the provisions of the joint powers agreement. (2) Where the redevelopment agency was in the fonn of a joint powers authority, and where the joint powers agreement governing the fonnation of the joint powers authority does not address the allocation of assets and liabilities upon dissolution of the joint powers authority, then each of the entities that created the fonner redevelopment agency may be a successor agency within the meaning of this part, a proportionate share of the assets and liabilities shall be based on the assessed value in the project areas within each entity's jurisdiction, as detennined by the county assessor, in its jurisdiction as compared to the assessed value ofland within the boundaries of the project areas of the fonner redevelopment agency. (d) (1) A city, county, city and county, or the entities fonning the joint powers authority that authorized the creation of each redevelopment agency may elect not to serve as a successor agency under this part. A city, county, city and county, or any member of a joint powers authority that elects not to serve as a successor agency under this part must file a copy of a duly authorized resolution of its governing board to that effect with the county auditor-controller no later than one month prior to the effective date of this part. (2) The detennination of the first local agency that elects to become the successor agency shall be made by the county auditor-controller based on rn 96 Cb.5 -24- the earliest receipt by the county auditor-controller of a copy of a duly adopted resolution of the local agency's governing board authorizing such an election. As used in this section, "local agency" means any city, county, city and county, or special district in the county of the former redevelopment agency. (3) If no local agency elects to serve as a successor agency for a dissolved redevelopment agency, a public body, referred to herein as a "designated local authority" shall be immediately formed, pursuant to this part, in the county and shall be vested with all the powers and duties of a successor agency as described in this part. The Governor shall appoint three residents of the county to serve as the governing board of the authority. The designated local authority shall serve as successor agency until a local agency elects to become the successor agency in accordance with this section. (e) The liability of any successor agency, acting pursuant to the powers granted under the act adding this part, shall be limited to the extent of the total sum of property tax revenues it receives pursuant to this part and the value of assets transferred to it as a successor agency for a dissolved redevelopment agency. 34174. (a) Solely for the purposes of Section 16 of Article XVI of the California Constitution, commencing on the effective date of this part, all agency loans, advances, or indebtedness, and interest thereon, shall be deemed extinguished and paid; provided, however, that nothing herein is intended to absolve the successor agency of payment or other obligations due or imposed pursuant to the enforceable obligations; and provided further, that nothing in the act adding this part is intended to be construed as an action or circumstance that may give rise to an event of default under any of the documents governing the enforceable obligations. (b) Nothing in this part, including, but not limited to, the dissolution of the redevelopment agencies, the designation of successor agencies, and the transfer of redevelopment agency. assets and properties, shall be construed as a voluntary or involuntary insolvency of any redevelopment agency for purposes of the indenture, trust indenture, or similar document governing its outstanding bonds. 3417 S. ( a) It is the intent of this part that pledges of revenues associated with enforceable obligations of the former redevelopment agencies are to be honored. It is intended that the cessation of any redevelopment agency shall not affect either the pledge, the legal existence of that pledge, or the stream of revenues available to meet the requirements of the pledge. (b) All assets, properties, contracts, leases, books and records, buildings, and equipment of the former redevelopment agency are transferred on October 1, 2011, to the control of the successor agency, for administration pursuant to the provisions of this part. This includes all cash or cash equivalents and amounts owed to the redevelopment agency as of October 1,2011. 34176. (a) The city, county, or city and county that authorized the creation of a redevelopment agency may elect to retain the housing assets and functions previously performed by the redevelopment agency. If a city, rn % -25- Cb.5 county, or city and county elects to retain the responsibility for performing housing functions previously performed by a redevelopment agency, all rights, powers, duties, and obligations, excluding any amounts on deposit in the Low and Moderate Income Housing Fund, shall be transferred to the city, county, or city and county. (b) If a city, county, or city and county does not elect to retain the responsibility for performing housing functions previously performed by a redevelopment agency, all rights, powers, assets, liabilities, duties, and obligations associated with the housing activities of the agency, excluding any amounts in the Low and Moderate Income Housing Fund, shall be transferred as follows: (1) Where there is no local housing authority in the territorial jurisdiction of the former redevelopment agency, to the Department of Housing and Community Development. (2) Where there is one local housing authority in the territorial jurisdiction of the former redevelopment agency, to that local housing authority. (3) Where there is more than one local housing authority in the territorial jurisdiction of the former redevelopment agency, to the local housing authority selected by the city, county, or city and county that authorized the creation of the redevelopment agency. (c) Commencing on the operative date of this part, the entity assuming the housing functions formerly performed by the redevelopment agency may enforce affordability covenants and perform related activities pursuant to applicable provisions of the Community Redevelopment Law (Part 1 (commencing with Section 33000), including, but not limited to, Section 33418. CHAPTER 3. SUCCESSOR AGENCIES 34177. Successor agencies are required to do all of the following: (a) Continue to make payments due for enforceable obligations. (1) On and after October 1, 2011, and until a Recognized Obligation Payment Schedule becomes operative, only payments required pursuant to an . enforceable obligations payment schedule shall be Ill3de. The initial enforceable obligation payment schedule shall be the last schedule adopted by the redevelopment agency under Section 34169. However, payments associated with obligations excluded from the definition of enforceable obligations by paragraph (2) ofsubdivision (e) of Section 34171 shall be excluded from the enforceable obligations payment schedule and be removed from the last schedule adopted by the redevelopment agency under Section 34169 prior to the successor agency adopting it as its enforceable obligations payment schedule pursuant to this subdivision. The enforceable obligation payment schedule may be amended by the successor agency at any public meeting and shall be subject to the approval of the oversight board as soon as the board has sufficient members to form a quorum. ill 96 Ch.5 -26- (2) The Department of Finance and the Controller shall each have the authority to require any documents associated with the enforceable obligations to be provided to them in a manner of their choosing. Any taxing entity, the department, and the Controller shall each have standing to file a judicial action to prevent a violation under this part and to obtain injunctive or other appropriate relief. (3) Commencing on January 1,2012, only those payments listed in the Recognized Obligation Payment Schedule may be made by the successor agency from the funds specified in the Recognized Obligation Payment Schedule. In addition, commencing January 1, 2012, the Recognized Obligation Payment Schedule shall supersede the Statement of Indebtedness, which shall no longer be prepared nor have any effect under the Community Redevelopment Law. (4) Nothing in the act adding this part is to be construed as preventing a successor agency, with the prior approval of the oversight board, as described in Section 34179, from making payments for enforceable obligations from sources other than those listed in the Recognized Obligation Payment Schedule. (5) From October 1,2011, to July 1,2012, a successor agency shall have no authority and is hereby prohibited from accelerating payment or making any lump.sum payments that are intended to prepay loans unless such accelerated repayments were required prior to the effective date of this part. (b) Maintain reserves in the amount required by indentures, trust indentures, or similar documents governing the issuance of outstanding redevelopment agency bonds. (c) Perform obligations required pursuant to any enforceable obligation. (d) Remit unencumbered balances of redevelopment agency funds to the county auditor--controller for distribution to the taxing entities, including, but not limited to, the unencumbered balance of the Low and Moderate Income Housing Fund of a former redevelopment agency. In making the distribution, the county auditor--controller shall utilize the same methodology for allocation and distribution of property tax revenues provided in Section 34188. ( e) Dispose of assets and properties of the former redevelopment agency as directed by the oversight board; provided, however, that the oversight board may instead direct the successor agency to transfer ownership of certain assets pursuant to subdivision (a) of Section 34181. The disposal is to be done expeditiously and in a manner aimed at maximizing value. Proceeds from asset sales and related funds that are no longer needed for approved development projects or to otherwise wind down the affairs of the agency, each as determined by the oversight board, shall be transferred to the county auditor--controller for distribution as property tax proceeds under Section 34188. (f) Enforce all former redevelopment agency rights for the benefit of the taxing entities, including, but not limited to, continuing to collect loans, rents, and other revenues that were due to the redevelopment agency. ill 96 -27- Ch.5 (g) Effectuate transfer of housing functions and assets to the appropriate entity designated pursuant to Section 34176. (h) Expeditiously wind down the affairs of the redevelopment agency pursmmi to the provisions of this part and in accordance with the direction of the oversight board. (i) Continue to oversee development of properties until the contracted work has been. completed or the contractual obligations of the fonner redevelopment agency can be transferred to other parties. Bond proceeds shall be used f(Jr the purposes for which bonds were sold unless the purposes can no longer be achieved, in which case, the proceeds may be used to defease the bonds. G) Prepare a proposed administrative budget and submit it to the oversight board f(if iN approval. The proposed administrative budget shall include all of the foHewing: (1) Estirnated amounts for successor agency administrative costs for the upcoming six-month fiscal period. (2) Proposed sources of payment for the costs identified in paragraph (1). (3) Proposals for arrangements for administrative and operations services provided by a city, county, city and county, or other entity. (k) Provide administrative cost estimates, from its approved administrative budget that are to be paid from property tax revenues deposited in the Redevelopment Property Tax Trust Fund, to the county auditor-controller for each six~month fiscal period. (l) (1) Before each six-month fiscal period, prepare a Recognized Obligation Payment Schedule in accordance with the requirements of this paragraph. For each recognized obligation, the Recognized Obligation Payment Schedule shall identify one or more of the following sources of payment: (A) Low and Moderate Income Housing Fund. (B) Bond proceeds. (C) Reserve balances. (D) Administrative cost allowance. (E) The Redevelopment Property Tax Trust Fund, but only to the extent no other funding source is available or when payment from property tax. revenues is required by an enforceable obligation or by the provisions of this part. (F) Other revenue sources, including rents, concessions, asset sale proceeds, interest earnings, and any other revenues derived from the fonner redevelopment agency, as approved by the oversight board in accordance with this part. (2) A. Recognized Obligation Payment Schedule shall not be deemed valid unless all of the following conditions have been met: (A) A draft Recognized Obligation Payment Schedule is prepared by the successor agency for the enforceable obligations of the fonner redevelopment agency by November 1, 2011. From October 1, 2011, to July 1,2012, the initial draft of that schedule shall project the dates and amounts of scheduled IT! 96 Ch.5 -28- payments for each enforceable obligation for the remainder of the time period during which the redevelopment agency would have been authorized to obligate property tax increment had such a redevelopment agency not been dissolved, and shall be reviewed and certified, as to its accuracy, by an external auditor designated pursuant to Section 34182. (B) The certified Recognized Obligation Payment Schedule is submitted to and duly approved by the oversight board. (C) A copy of the approved Recognized Obligation Payment Schedule is submitted to the county auditor-controller and both the Controller's office and the Department of Finance and be posted on the successor agency's Internet Web site. (3) The Recognized Obligation Payment Schedule shall be forward looking to the next six months. The first Recognized Obligation Payment Schedule shall be submitted to the Controller's office and the Department of Finance by December 15,2011, for the period ofJanuary 1,2012, to June 30,2012, inclusive. Former redevelopment agency enforceable obligation payments due, and reasonable or necessary administrative costs due or incurred, prior to January 1, 2012, shall be made from property tax revenues received in the spring of 201 I property tax distribution, and from other revenues and balances transferred to the successor agency. 34178. (a) Commencing on the operative date of this part, agreements, contracts, or arrangements between the city or county, or city and county that created the redevelopment agency and the redeVelopment agency are invalid and shall not be binding on the successor agency; provided, however, that a successor entity wishing to enter or reenter into agreements with the city, county, or city and county that formed the redevelopment agency that it is succeeding may do so upon obtaining the approval of its oversight board. (b) Notwithstanding subdivision (a), any of the following agreements are not invalid and may bind the successor agency: (1) A duly authorized written agreement entered into at the time of issuance, but in no event later than December 31, 2010, of indebtedness obligations, and solely for the purpose of securing or repaying those indebtedness obligations. (2) A written agreement between a redevelopment agency and the city, county, or city and county that created it that provided loans or other startup funds for the redevelopment agency that were entered into within two years of the formation of the redevelopment agency. (3) A joint exercise of powers agreement in which the redevelopment agency is a member of the joint powers authority. However, upon assignment to the successor agency by operation of the act adding this part, the successor agency's rights, duties, and performance obligations under that joint exercise of powers agreement shall be limited by the constraints imposed on successor agencies by the act adding this part. 34178.7. For purposes of this chapter with regard to a redevelopment agency that becomes subject to this part pursuant to Section 34195, only references to "October 1,2011," and to the "operative date of this part" rn 96 -29- Ch.5 shaH shall. portie' mo.dified in the manner described in Section 34191. All other dates rilodiJ1cd only as necessary to reflect the appropriate fiscal year or Hseal year. CHAPTER 4. OVERSIGHT BOARDS 34 (a) Each successor agency shall have an oversight board composed of seven members. The members shall elect one of their members as the 'lwitperson and shall report the name of the chairperson and other mem);'.c:'; to the Department of Finance on or before January I, 2012. Mern';er:.! shaH be selected as follows: (!'n\~mber appointed by the county board of supervisors. (:2 ;n~j(jlber appointed by the mayor for the city that formed the rede lOp111ent agency. (3 mClnber appointed by the largest special district, by property tax share territory in the territorial jurisdiction of the former redevelopment is of the type of special district that is eligible to receive prop;! y tax revenues pursuant to Section 34188. (41 (.\ne: member appointed by the county superintendent of education to ",hools if the superintendent is elected. Ifthe county superintendent hi appointed, then the appointment made pursuant to this shan be made by the county board of education. member appointed by the Chancellor of the California Cormmmity Colleges to represent community college districts in the county. member of the public appointed by the county board of rnclmber representing the employees of the former redevelopment agenc.yippointed by the mayor or chair of the board of supervisors, as the case may be, from the recognized employee organization representing the largest number of former redevelopment agency employees employed by the 8uc;;cessm agency at that time. (8) If tlw county or a joint powers agency formed the redevelopment agen{;y, then the largest city by acreage in the territorial jurisdiction of the fonner redevelopment agency may select one member. If there are no cities with territory in a project area of the redevelopment agency, the county superintendent of education may appoint an additional member to represent the I.l<iblic. (9) If there are no special districts of the type that are eligible to receive property tax pursuant to Section 34188, within the territorial jurisdiction of the former redevelopment agency, then the county may appoint one member to represent the public. (10) Where a redevelopment agency was fonned by an entity that is both a charter city and a county, the oversight board shall be composed of seven members selected as follows: three members appointed by the mayor of the city, where such appointment is subject to confinnation by the county board of supervisors, one member appointed by the largest special district, by 1I1 96 Ch.5 -30- property tax share, with territory in the territorial jurisdiction of the former redevelopment agency, which is the type of special district that is eligible to receive property tax revenues pursuant to Section 34188, one member appointed by the county superintendent of education to represent schools, one member appointed by the Chancellor of the California Community Colleges to represent community college districts, and one member representing employees of the former redevelopment agency appointed by the mayor of the city where such an appointment is subject to confirmation by the county board of supervisors, to represent the largest number of former redevelopment agency employees employed by the successor agency at that time. (b) The Governor may appoint individuals to fill any oversight board member position described in subdivision (a) that has not been filled by January 15, 2012, or any member position that remains vacant for more than 60 days. (c) The oversight board may direct the staff of the successor agency to perform work in furtherance of the oversight board's duties and responsibilities under this part. The successor agency shall pay for all of the costs of meetings of the oversight board and may include such costs in its administrative budget. Oversight board members shall serve without compensation or reimbursement for expenses. (d) Oversight board members shall have personal immunity from suit for their actions taken within the scope of their responsibilities as oversight board members. (e) . A majority of the total membership of the oversight board shall constitute a quorum for the transaction of business. A majority vote of the total membership of the oversight board is required for the oversight board to take action. The oversight board shall be deemed to be a local entity for purposes of the Ralph M. Brown Act, the California Public Records Act, and the Political Reform Act of 1974. (f) All notices required by law for proposed oversight board actions shall also be posted on the successor agency's Internet Web site or the oversight board's Internet Web site. (g) Each member of an oversight board shall serve at the pleasure of the entity that appointed such member. (h) The Department of Finance may review an oversight board action taken pursuant to the act adding this part. As such, all oversight board actions shall not be effective for three business days, pending a request for review by the department. Each oversight board shall designate an official to whom the department may make such requests and who shall provide the department with the telephone number and e-mail contact information for the purpose of communicating with the department pursuant to this subdivision. In the event that the department requests a review of a given oversight board action, it shall have 10 days from the date of its request to approve the oversight board action or return it to the oversight board for reconsideration and such oversight board action shall not be effective until approved by the department. In the event that the department returns the rn 96 -31- Ch.S oversight board action to the oversight board for reconsideration, the oversight board shall resubmit the modified action for department approval and the modified oversight board action shall not become effective until approved by the department. (i) Oversight boards shall have fiduciary responsibilities to holders of enforceable obligations and the taxing entities that benefit from distributions of property tax and other revenues pursuant to Section 34188. Further, the provisions of Division 4 (commencing with Section 1000) of the Government Code shall apply to oversight boards. Notwithstanding Section 1099 of the Government Code, or any other law, any individual may simultaneously be appointed to up to five oversight boards and may hold an office in a city, county, city and county, special district, school district, or community college district. G) Commencing on and after July 1,2016, in each county where more than one oversight board was created by operation of the act adding this part, there shall be only one oversight board appointed as follows: (1) One member may be appointed by the county board of supervisors. (2) One member may be appointed by the city selection committee established pursuant to Section 50270 of the Government Code. In a city and county, the mayor may appoint one member. (3) One member may be appointed by the independent special district selection committee established pursuant to Section 56332 of the Government Code, for the types of special districts that are eligible to receive property tax revenues pursuant to Section 34188. (4) One member may be appointed by the county superintendent of education to represent schools if the superintendent is elected. If the county superintendent of education is appointed, then the appointment made pursuant to this paragraph shall be made by the county board of education. (5) One member may be appointed by the Chancellor of the California Community Colleges to represent community college districts in the county. (6) One member of the public may be appointed by the county board of supervisors. . (7) One member may be appointed by the recognized employee organization representing the largest number of successor agency. employees in the county. (k) The Governor may appoint individuals to fill any oversight board member position described in subdivision (j) that has not been filled by July 15, 2016, or any member position that remains vacant for more than 60 days. (I) Cornmencing on and after July 1,2016, in each county where only one oversight board was created by operation of the act adding this part, then there will be no change to the composition of that oversight board as a result of the operation of subdivision (b). (rn) Any oversight board for a given successor agency shall cease to exist when all of the indebtedness of the dissolved redevelopment agency has been repaid. [] 96 Ch.5 -32- 34180. All of the following successor agency actions shall first be approved by the oversight board: (a) The establishment of new repayment terms for outstanding loans where the tenns have not been specified prior to the date of this part. (b) Refunding of outstanding bonds or other debt of the fonner redevelopment agency by successor agencies in order to provide for savings or to finance debt service spikes; provided, however, that no additional debt is created and debt service is not accelerated. (c) Setting aside of amounts in reserves as required by indentures, trust indentures, or similar documents governing the issuance of outstanding redevelopment agency bonds. (d) Merging of project areas. (e) Continuing the acceptance of federal or state grants, or other fonns of financial assistance from either public or private sources, where assistance is conditioned upon the provision of matching funds, by the successor entity as successor to the fonner redevelopment agency, in an amount greater than 5 percent. (f) (1) If a city, county, or city and county wishes to retain any properties or other assets for future redevelopment activities, funded from its own funds and under its own auspices, it must reach a compensation agreement with the other taxing entities to provide payments to them in proportion to their shares of the base property tax, as determined pursuant to Section 34188, for the value of the property retained. (2) If no other agreement is reached on valuation of the retained assets, the value will be the fair market value as of the 2011 property tax lien date as detennined by the county assessor. (g) Establishment of the Recognized Obligation Payment Schedule. (h) A request by the successor agency to enter into an agreement with the city, county, or city and county that fonned the redevelopment agency that it is succeeding. (i) A request by a successor agency or taxing entity to pledge, or to enter into an agreement for the pledge of, property tax revenues pursuant to subdivision (b) of Section 34178. 34181. The oversight board shall direct the successor agency to do all of the following: (a) Dispose of all assets and properties of the fonner redevelopment agency that were funded by tax increment revenues of the dissolved redevelopment agency; provided, however, that the oversight board may instead direct the successor agency to transfer ownership of those assets that were constructed and used for a governmental purpose, such as roads, school buildings, parks, and fire stations, to the appropriate public jurisdiction pursuant to any existing agreements relating to the construction or use of such an asset. Any compensation to be provided to the successor agency for the transfer of the asset shall be governed by the agreements relating to the construction or use of that asset. Disposal shall be done expeditiously and in a manner aimed at maximizing value. ill 96 -33- Cb.5 (b) Cease performance in connection with and terminate all existing agreements that do not qualify as enforceable obligations. (c) Transfer housing responsibilities and all rights, powers, duties, and obligations along with any amounts on deposit in the Low and Moderate Income Housing Fund to the appropriate entity pursuant to Section 34176. (d) Terminate any agreement, between the dissolved redevelopment agency and any public entity located in the same county, obligating the redevelopment agency to provide funding for any debt service obligations of the public entity or for the construction, or operation of facilities owned or operated by such public entity, in any instance where the oversight board has found that early termination would be in the best interests of the taxing entities. (e) Determine whether any contracts, agreements, or other arrangements between the dissolved redevelopment agency and any private parties should be terminated or renegotiated to reduce liabilities and increase net revenues to the taxing entities, and present proposed termination or amendment agreements to the oversight board for its approval. The board may approve any amendments to or early termination of such agreements where it finds that amendments or early termination would be in the best interests of the taxing entities. CHAPTER 5. DUTIES OF THE AUDITOR-CONTROLLER 34182. (a) (1) The county auditor-controller shall conduct or cause to be conducted an agreed-upon procedures audit of each redevelopment agency in the county that is subject to this part, to be completed by March 1,2012. (2) The purpose of the audits shall be to establish each redevelopment agency's assets and liabilities, to document and determine each redevelopment agency's passthrough payment obligations to other taxing agencies, and to document and determine both the amount and the terms of any indebtedness incurred by the redevelopment agency and certify the initial Recognized Obligation Payment Schedule. (3) The county auditor-controller may charge the Redevelopment Property Tax Trust Fund for any costs incurred by the county auditor-controller pursuant to this part. (b) By March 15, 2012, the county auditor-controller shall provide the Controller's office a copy of all audits performed pursuant to this section. The county auditor-controller shall maintain a copy of all documentation and working papers for use by the Controller. (c) (1) The county auditor-controller shall determine the amount of property taxes that would have been allocated to each redevelopment agency in the county had the redevelopment agency not been dissolved pursuant to the operation of the act adding this part. These amounts are deemed property tax revenues within the meaning of subdivision (a) of Section I of Article XIII A of the California Constitution and are available for allocation and distribution in accordance with the provisions of the act adding this part. OJ % Cb.5 -34- The county auditor-controller shall calculate the property tax revenues using current assessed values on the last equalized roll on August 20; pursuant to Section 2052 of the Revenue and Taxation Code, and pursuant to statutory formulas or contractual agreements with other taxing agencies, as of the effective date of this section, and shall deposit that amount in the Redevelopment Property Tax Trust Fund. (2) Each county auditor-controller shall administer the Redevelopment Property Tax Trust Fund for the benefit of the holders of former redevelopment agency enforceable obligations and the taxing entities that receive passthrough payments and distributions of property taxes pursuant to this part. (3) In connection with the allocation and distribution by the county auditor-controller of property tax revenues deposited in the Redevelopment Property Tax Trust Fund, in compliance with this part, the county auditor-controller shall prepare estimates of amounts. to be allocated and distributed, and provide those estimates to both the entities receiving the distributions and the Department ofFinance"Ro later than November 1 and May 1 of each year. (4) Each county auditor-controller shall disburse proceeds of asset sales or reserve balances, which have been received from the successor entities pursuant to Sections 34177 and 34187, to the taxing entities. In making such a distribution, the county auditor-controller shall utilize the same methodology for allocation and distribution of property tax revenues provided in Section 34188. (d) By October 1, 2012, the county auditor-controller shall report the following information to the Controller's office and the Director of Finance: (1) The sums of property tax revenues remitted to the Redevelopment Property Tax Trust Fund related to each former redevelopment agency. (2) The sums of property tax revenues remitted to each agency under paragraph (1) of subdivision (a) of Section 34183. (3) The sums of property tax revenues remitted to each successor agency pursuant to paragraph (2) of subdivision (a) of Section 34183. (4) The sums of property tax revenues paid to each successor agency pursuant to paragraph (3) of subdivision (a) of Section 34183. (5) The sums paid to each city, county, and special district,and the total amount allocated for schools pursuant to paragraph (4) of subdivision (a) of Section 34183. (6) Any amounts deducted from. other distributions pursuant to. subdivision (b) of Section 34183. (e) A county auditor-controller may charge the Redevelopment Property Tax Trust Fund for the costs of administering the provisions of this part. (1) The Controller may audit and review any county auditor-controller action taken pursuant to the act adding this part. As such, all county auditor-controller actions shall not be effective for three business days, pending a request for review by the Controller. In the event that the Controller requests a review of a given county auditor-controller action, he or she shall have 10 days from the date of his or her request to approve the IT! % -35- Ch.5 county auditor-controller's action or return it to the county auditor-controller for reconsideration and such county auditor-controller action shall not be effective until approved by the Controller. In the event that the Controller returns the county auditor-controller's action to the county auditor-controller for reconsideration, the county auditor-controller must resubmit the modified action for Controller approval and such modified county auditor-controller action shall not become effective until approved by the Controller. 34183. (a) Notwithstanding any other law, from October I, 2011, to July 1, 2012, and for each fiscal year thereafter, the county auditor-controller shall, after deducting administrative costs allowed under Section 34182 and Section 95.3 of the Revenue and Taxation Code, allocate moneys in each Redevelopment Property Tax Trust Fund as follows: (1) Subject to any prior deductions required by subdivision (b), first, the county auditor-controller shall remit from the Redevelopment Property Tax Trust Fund to each local agency and school entity an amount of property tax revenues in an amount equal to that which would have been received under Section 33401, 33492.140, 33607, 33607.5, 33607.7, or 33676, as those sections read on January I, 2011, or pursuant to any passtbrough agreement between a redevelopment agency and a taxing jurisdiction that was entered into prior to January 1, 1994, that would be in force during that fiscal year, had the redevelopment agency existed at that time. The amount of the payments made pursuant to this paragraph shall be calculated solely on the basis of passthrough payment obligations, existing prior to the effective date of this part and continuing as obligations of successor entities, shall occur no later than January 16, 2012, and no later than June 1, 2012, and each January 16 and June 1 thereafter. Notwithstanding subdivision (e) of Section 33670, that portion of the taxes in excess of the amount identified in subdivision (a) of Section 33670, which are attributable to a tax rate levied by a taxing agency for the purpose of producing revenues in an amount sufficient to make .annual repayments of the principal. of, and the interest on, any bonded indebtedness for the acquisition or improvement of real property shall be allocated to, and when collected shall be paid into, the fUnd of that taxing agency. (2) Second, on January 16,2012, and June 1,2012, and each January 16 and June 1 thereafter, to each su<;cessor agency for payments listed.in its Recognized Obligation Payment Schedule for the six-month fiscal period beginning January 1,2012, or July 1,2012, and each January 16 and June 1 thereafter, in the following order of priority: (A) Debt service payments scheduled to be made for tax allocation bonds. (B) Payments scheduled to be made on revenue bonds, but only to the extent the revenues pledged for them are insufficient to make the payments and only where the agency's tax increment revenues were also pledged for the repayment of the bonds. (C) Payments scheduled for other debts and obligations listed in the Recognized Obligation Payment Schedule that are required to be paid from former tax increment revenue. OJ 96 Ch.5 -36- (3) Third, on January 16,2012, and June 1, 2012,and each January 16 and June 1 thereafter, to each successor agency for the administrative cost allowance, as defined in Section 34171, for administrative costs set forth in an approved administrative budget for those payments required to be paid from fonner tax increment revenues. (4) Fourth, on January 16,2012, and June 1,2012, and each January 16 and June 1 thereafter, any moneys remaining in the Redevelopment Property Tax Trust Fund after the payments and transfers authorized by paragraphs (1) to (3), inclusive, shall be distributed to local agencies and school entities in accordance with Section 34188. (b) If the successor agency reports, no later than December I, 2011, and May 1, 2012, and each December I and May 1 thereafter,. to the county auditor-controller that. the total amount available to the. successor agency from the Redevelopment Property Tax Trust Fund allocation to that successor agency's Redevelopment Obligation Retirement Fund, from other funds transferred from each redevelopment agency, and from funds that have or will become available through asset sales and all redevelopment operations, are insufficient to fund the payments required by paragraphs (1) to (3), inclusive, of subdivision (a) in the next six-month fiscal period, the county auditor-controller shall notify the Controller and the Department of Finance no later than 10 days from the date of that notification. The county auditor-controller shall verify whether the successor agency will have sufficient funds from which to service debts according to the Recognized Obligation Payment Schedule and shall report the findings to the Controller. If the Controller concurs that there are insufficient funds to pay required debt service, the amount of the deficiency shall be deducted first from the am()unt remaining to be distributed to taxing entities pursuant to paragraph (4), and if that amount is exhausted, from amounts available for distribution for administrative costs in paragraph (3). If an agency, pursuant to the provisions of Section 33492,15, 33492.72, 33607.5, 33671.5, 33681.15, or 33688, made passthrough payment obligations subordinate to debt service payments required for enforceable obligations, funds for servicing bond debt may be deducted from the amounts for passthrough payments under paragraph (1), as provided in those sections, but only to the extent that the amounts remaining to be distributed to taxing entities pursuant to paragraph (4) and the amounts available for distribution for administrative costs in paragraph (3) have all been exhausted. (c) The county treasurer may loan any funds from the county treasury that are necessary to ensure prompt payments of redevelopment agency debts. (d) The Controller may recover the costs of audit and oversight required under this part from the Redevelopment Property Tax Trust Fund by presenting an invoice therefor to the county auditor-controller who shall set aside sufficient funds for and disburse the claimed amounts prior to making the next distributions to the taxing jurisdictions pursuant to Section 34188. Subject to the approval of the Director of Finance, the budget of the rn 96 -37- Ch.5 Controller may be augmented to reflect the reimbursement, pursuant to Section 28.00 of the Budget Act. 34185. Commencing on January 16,2012, and on each January 16 and June 1 thereafter, the county auditor-controller shall transfer, from the Redevelopment Property Tax Trust Fund of each successor agency into.the Redevelopment Obligation Retirement Fund of that agency, an amooot of property tax revenues equal to that specified in the Recognized Obligation Payment Schedule for that successor agency as payable from the Redevelopment Property Tax Trust Fund subject to the limitations of Sections 34173 and 34183. 34186. Differences between actual payments and past estimated obligations on recognized obligation payment schedules must be reported in subsequent recognized obligation payment schedules and shall adjust the amooot to be transferred to the Redevelopment Obligation Retirement Food pursuant to this part. These estimates and accounts shall be subject to audit by COooty auditor-controllers and the Controller. 34187. Commencing January 1, 2012, whenever a recognized obligation that had been identified in the Recognized Payment Obligation Schedule is paid off or retired, either through early payment or payment at maturity, the COooty auditor-controller shall distribute to the taxing entities, in accordance with the provisions of the Revenue and Taxation Code, all property tax revenues that were associated with the payment of the recognized obligation. 34188. For all distributions of property tax revenues and other moneys pursuant to this part, the distribution to ~ach taxing entity shall be in an amooot proportionate to its share of property tax revenues in the tax rate area in that fiscal year, as follows: (a) (1) For distributions from the Redevelopment Property Tax Trust Food, the share of each taxing entity shall be applied to the amooot of property tax available in the Redevelopment Property Tax Trust Food after deducting the amount of any distributions ooder paragraphs (2) and (3) of subdivision (a) of Section 34183. (2) For each taxing entity that receives passthrough payments, that agency shall receive the amooot of any passthrough payments identified ooder paragraph (1) of subdivision (a) of Section 34183, in an amooot not to exceed the amooot that it would receive pursuant to this section in the absence of the passthrough agreement. However, to the extent that the passthrough payments received by the taxing entity are less than the amount that the taxing entity would receive pursuant to this section in the absence of a passthrough agreement, the taxing entity shall receive an additional payment that is equivalent to the difference between those amooots. (b) Property tax shares of local agencies shall be detennined based on property tax allocation laws in effect on the date of distribution, without the revenue exchange amounts allocated pursuant to Section 97.68 of the Revenue and Taxation Code, and without the property taxes allocated pursuant to Section 97.70 of the Revenue and Taxation Code. (c) The total school share, including passthroughs, shall be the share of the property taxes that would have been received by school entities, as ill 96 Ch.5 -38- defined in subdivision (f) of Section 95 of the Revenue and Taxation Code, in the jurisdictional territory of the former redevelopment agency, including, but not limited to, the amounts specified in Sections 97.68 and 97.70 of the Revenue and Taxation Code. 34188.8. For purposes of a redevelopment agency that becomes subject to this part pursuant to Section 34195, a date certain identified in this chapter shall not be subject to Section 34191, except for dates certain in Section 34182 and references to "October 1, 2011," or to the "operative date of this part,". However, for purposes of those redevelopment agencies, a date certain identified in this chapter shall be appropriately modified, as necessary to reflect the appropriate fiscal year or portion of a fiscal year. CHAPTER 6. EFFECT OF THE ACT ADDING THIS PART ON THE COMMUNITY REDEVELOPMENT LAW 34189. ( a) Commencing on the effective date of this part, all provisions of the Community Redevelopment Law that depend on the allocation of tax increment to redevelopment agencies, including, but not limited to, Sections 33445, 33640, 33641, 33645, and subdivision (b) of Section 33670, shall be inoperative, except as those sections apply to a redevelopment agency operating pursuant to Part 1.9 (commencing with Section 34192). (b) The California Law Revision Commission shall draft a Community Redevelopment Law cleanup bill for consideration by the Legislature no later than January 1, 2013. (c) To the extent that a provision of Part 1 (commencing with Section 33000), Part 1.5 (commencing with Section 34000), Part 1.6 (commencing with Section 34050), and Part 1. 7 (commencing with Section 34100) conflicts with this part, the provisions of this part shall control. Further, if a provision of Part 1 (commencing with Section 33000), Part 1.5 (conunencing with Section 34000), Part 1.6 (commencing with Section 34050), or Part 1. 7 (commencing with Section 34100) provides an authority that the act adding this part is restricting or eliminating, the restriction and elimination provisions of the act adding this part shall control. (d) It is .intended that the provisions of this part shall be read in a manner as to avoid duplication of payments. CHAPTER 7. STABILIZATION OF LABOR AND EMPLOYMENT RELATIONS 34190. (a) It is the intent of the Legislature to stabilize the labor and employment relations of redevelopment agencies and successor agencies in furtherance of and connection with their responsibilities under the act adding this part. (b) Nothing in the act adding this part is intended to relieve any redevelopment agency of its obligations under Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code. Subject to the limitations set forth in Section 34165, prior to its dissolution, a rn 96 -39- Ch.5 agency shall retain the authority to meet and confer over m .... . the scope of representation. mcccssor agency, as defined in Sections 34171 and 34173, shall public agency within the meaning of subdivision (c) of Section )); the Government Code. Subjeet to the limitations set forth in Section 34165, redevelopment to and during their winding down and dissolution, shall retain to bargain over matters within the scope of representation. recognition that a collective bargaining agreement represents an obligation, a successor agency shall become the employer of of the redevelopment agency as of the date of the agency's dissolution. If, pursuant to this provision, the ag':mey becomes the employer of one or more employees who, ofilie redevelopment agency, were represented by a recognized organization, the successor agency shall be deemed a successor and shall be obligated to recognize and to meet and confer with fit! organization. In addition, the successor agency shall retain th( to bargain over matters within the scope of representation and Sh1;1i b€: deemed to have assumed the obligations under any memorandum of.. .. it' {(:('Standing in effect between the redevelopment agency and recognized organization as of the date of the redevelopment agency's Legislature finds and declares that the duties and responsibilities ?gem~y employer representatives under this chapter are substantially the duties and responsibilities required under existing collective eliforcement procedures and therefore the costs incurred by the employer representatives in performing those duties and under the act adding this part are not reimbursable as shih> mcmdated costs. Furthermore, the Legislature also finds and declares that to the extent the act adding this part provides the funding with which to the obligations provided herein, the costs incurred by the !cHin!: employer representatives in performing those duties and under the act adding this part are not reimbursable as statc0mandated costs. 111e transferred memorandum of understanding and the right of any organization representing such employees to provide representation continue as long as the memorandum of understanding would have been in force, pursuant to its own terms. One or more separate bargaining units shall be created in the successor agency ~onsistent with the bargaining units that had been established in the redevelopment agency. After the expiration of the transferred memorandum of understanding, the successor agem~y shall continue to be subject to the provisions of the Meyers~Milias-Brown Act. (11) Individuals fonnerly employed by redevelopment agencies that are subsequently employed by successor agencies shall, for a minimum of two y~.urs, transfer their status and classification in the civil service system of the redevelopment agency to the successor agency and shall not be required m % Cb.5 -40- to requalify to perform the duties that they previously performed or duties substantially similar in nature and in required qualification to those that they previously performed. Any such individuals shall have the right to compete for employment under the civil service system of the successor agency. CHAPTER 8. ApPLICATION OF PART TO FORMER PARTICIPANTS OF THE ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM 34191. (a) It is the intent of the Legislature that a redevelopment agency that fonnerly operated pursuant to the Alternative Voluntary Redevelopment Program (part 1.9 (commencing with Section 34192)), that becomes subject to this part pursuant to Section 34195, shall be subject to all of the requirements of this part, except that dates and deadlines shall be appropriately modified, as provided in this section, to reflect the date that the agency becomes subject to this part. (b) Except as otherwise provided by law, for purposes of a redevelopment agency that becomes subject to this part pursuant to Section 34195, the following shall apply: (1) Any reference to "January 1, 2011," shall be construed to mean January 1 of the year preceding the year that the redevelopment agency became subject to this part, but no earlier than January 1, 2011. (2) Any reference to "October 1,2011," or to the "operative date of this part," shall mean the date that is the equivalent to the "October 1, 2011," identified in Section 34167.5 for that redevelopment agency as determined pursuant to Section34169.5. (3) Except as provided in paragraphs (1) and (2), any reference to a date certain shall be construed to be the date, measured from the date that the redevelopment agency became subject to this part, that is equivalent to the duration of time between the operative date of this part and the date certain identified in statute. SEC. 8. Section 97.401 is added to the Revenue and Taxation Code, to read: 97.401. Commencing October 1, 2011, the county auditor shall make the calculations required by Section 97.4 based on the amount deposited on behalf of each former redevelopment agency into the Redevelopment Property Tax Trust Fund pursuant to paragraph (1) of subdivision (c) of Section 34182 of the Health and Safety Code. The calculations required by Section 97.4 shall result in cities, counties, and special districts annually remitting to the Educational Revenue Augmentation Fund the same amounts they would have remitted but for the operation of Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) of Division 24 of the Health and Safety Code. SEC. 9. Section 98.2 is added to the Revenue and Taxation Code, to read: rn 96 -41- Ch.5 For the 2011-12 fiscal year, and each fiscal year thereafter, the provided for in Sections 98 and 98.1 shall be performed in a mJ hich recognizes that passthrough payments formerly required m Cmnmunity Redevelopment Law (Part 1 (commencing with Sf," TJOOO) of Division 24 ofthe Health and Safety Code) are continuing tc under the authority of Part 1.85 (commencing with Section 3(~ Di.vision 24 of the Health and Safety Code and those payments sl i recognized in the TEA calculations as though they were made under th\ (;ommnmity Redevelopment Law. Additionally, the computations pn for in Sections 98 and 98.1 shall be performed in a manner that payments to a Redevelopment Property Tax Trust Fund, pursuant to Section 34170.5 of the Health and Safety Code as if ll{\ynacnts to a redevelopment agency as provided in subdivision " Iml 33670 of the Health and Safety Code. Ht If a legal challenge to invalidate any provision of this act is a redevelopment agency shall be prohibited from issuing new interim certificates, debentures, or other obligations, whether assumed, or otherwise, pursuant to Article 5 (commencing ,~;t%~ti'm133640) of Chapter 6 of Part 1 of Division 24 of the Health and Codk" The sum offive hundred thousand dollars ($500,000) is hereby to the Department of Finance from the General Fund for to the Treasurer, Controller, and Department of Finance for adnmustcative costs associated with this act. The department shall notify thi\ Legislative Budget Committee and the fiscal committees in each allocations under this section no later than 10 days following 12, If any provision of this act or the application thereof to any pe~;jon Of CJJfGUl1ilstance is held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the im!;did provision or application and to this end, the provisions of this act t1i vemhte. The Legislature expressly intends that the provisions of Part 1 \cmmnencing with Section 34170) of Division 24 of the Health and Safety Code are severable from the provisions of Part 1.8 (commencing with Section 34161) of Division 24 of the Health and Safety Code, and if Pari. 85 is held invalid, then Part 1.8 shall continue in effect. SEe 13. No reimbursement is required by this act pursuant to Section 6 of/'ulide X1Hn of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Govemment Code. SEe 14. This act shall take effect contingent on the enactment of Assembly Bill 27 of the 2011-12 First Extraordinary Session or Senate Bill 15 ofin the 2011-12 First Extraordinary Session and only if the enacted biB adds Part 1.9 (commencing with Section 34192) to Division 24 of the Health and Safety Code. 96 Ch.5 -42- SEe. 15. This act addresses the fiscal emergency declared and reaffirmed by the Governor by proclamation on January 20, 2011, pursuant to subdivision (1) of Section 10 of Article IV of the California Constitution. SEC. 16. This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision ( e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately. o rn 96 .A. "5'" ..I V.I. I BILL NUMBER: SB 654 BILL TEXT AMENDED AMENDED IN SENATE AMENDED IN SENATE AMENDED IN SENATE JANUARY 31, 2012 JANUARY 11, 2012 JANUARY 4, 2012 INTRODUCED BY Senator Steinberg FEBRUARY 18, 2011 An act to amend Sections 34171, 34176,34177, and 34178 of the Health and Safety Code, relating to redevelopment,t:.wl \.L..-Gl~'l":':-.u<3 Lt-,--' ~.L:1o.-1~'--:J- LL'o.-~~~'f, 'L6 L.ukc o.-[f~\...-L.-'1Hu~l,--J":':~Lcl'1 LEGISLATIVE COUNSEL'S DIGEST SB 654, as amended, Steinberg. Redevelopment. Existing law suspends various activities of redevelopment agencies and prohibits the agencies from incurring indebtedness for a specified period. Existing law also dissolves redevelopment agencies and community development agencies, as of October 1, 2011, and designates successor agencies, as defined. Existing law requires successor agencies to wind down the affairs of the dissolved redevelopment agencies and to, among other things, repay enforceable obligations, as defined, and to remit unencumbered balances of redevelopment agency funds, including housing funds, to the county auditor-controller for distribution to taxing entities. Existing law authorizes the city, county, or city and county that authorized the creation of a redevelopment agency to retain the housing assets, functions, and powers previously performed by the redevelopment agency, excluding amounts on deposit in the Low and Moderate Income Housing Fund. This bill would revise the definition of the term "enforceable obligation" and modify provisions relating to the transfer of housing funds and responsibilities associated with dissolved redevelopment agencies. The bill would provide that any amounts on deposit in the Low and Moderate Income Housing Fund of a dissolved redevelopment agency be transferred to specified entities. The bill would make conforming changes. Existing law provides that upon a specified date, agreements, contracts, or arrangements between the city or county, or city and county that created the redevelopment agency and the redevelopment agency are invalid. Notwithstanding this provision, an agreement that provided loans or other startup funds for the agency that was entered into within 2 years of the formation of the agency is valid and binds the successor agency. The bill would expand this exception to include an agreement involving a loan specific to a project area and other specified obligations. ~ '.PL~-~-L~11-n(,'u..1J': J......cl'u.~~ LL6.L.', it.- ~'-' L,f'L~L..L. o.-[[,--L.b:.- ~.ll~w....,,:~L:'u.L(.l'; 6.0 tin ~~ :1-'-'~~~~ ...) tG:L ~-LL " Vote: ~ majority . Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: http://ct2k2.capitoltrackcomIBillslsenlsb_0651-0700/sb _ 654_bill_20120131_atnended _sen... 2/9/2012 .& -0- - -... , SECTION 1. to read: 34171. The following terms shall have the following meanings: (a) "Administrative budget" means the budget for administrative costs of the successor agencies as provided in Section 34177. (b) "Administrative cost allowance" means an amount that, subject to the approval of the oversight board, is payable from property tax revenues of up to 5 percent of the property tax allocated to the successor agency for the 2011-12 fiscal year and up to 3 percent of the property tax allocated to the Redevelopment Obligation Retirement Fund money that is allocated to the successor agency for each fiscal year thereafter; provided, however, that the amount shall not be less than two hundred fifty thousand dollars ($250,000) for any fiscal year or such lesser amount as agreed to by the successor agency. However, the allowance amount shall exclude any administrative costs that can be paid from bond proceeds or from sources other than property tax. (c) "Designated local authority" shall mean a public entity formed pursuant to subdivision (d) of Section 34173. (d) (1) "Enforceable obligation" means any of the following: (A) Bonds, as defined by Section 33602 and bonds issued pursuant to Section 58383 of the Government Code, including the required debt service, reserve set~asides, and any other payments required under the indenture or similar documents governing the issuance of the outstanding bonds of the former redevelopment agency. (B) Loans of moneys borrowed by the redevelopment agency for a lawful purpose, to the extent they are legally required to be repaid pursuant to a required repayment schedule or other mandatory loan terms. (C) Payments required by the federal government, preexisting obligations to the state or obligations imposed by state law, other than pass through payments that are made by the county auditor-controller pursuant to Section 34183, or legally enforceable payments required in connection with the agencies' employees, including, but not limited to, pension payments, pension obligation debt service, unemployment payments, or other obligations conferred through a collective bargaining agreement. (D) Judgments or settlements entered by a competent court of law or binding arbitration decisions against the former redevelopment agency, other than passthrough payments that are made by the county auditor-controller pursuant to Section 34183. Along with the successor agency, the oversight board shall have the authority and standing to appeal any judgment or to set aside any settlement or arbitration decision. (E) Any legally binding and enforceable agreement or contract that is not otherwise void as violating the debt limit or public policy. However, nothing in this act shall prohibit either the successor agency, with the approval or at the direction of the oversight board, or the oversight board itself from terminating any existing agreements or contracts and providing any necessary and required compensation or remediation for such termination. (F) Contracts or agreements necessary for the administration or operation of the successor agency, in accordance with this part, including, but not limited to, agreements to purchase or rent office space, equipment and supplies, and pay-related expenses pursuant to Section 33127 and for carrying insurance pursuant to Section 33134. (G) Amounts borrowed from or payments owing to the Low and Moderate Income Housing Fund of a redevelopment agency, which been deferred as of the effective date of the act adding this provided, however, that the repayment schedule is approved by Section 34171 of the Health and Safety Code is amended had part; the http://ct2k2.capitoltrack.com/Bills/sen/sb_0651.0700/sb _ 654_bill_20l20131_amende<Csen... 2/9/2012 U..L..I V-''"T U\JU,UL"" .LIJ..U. - ,C1J.......a....JJ. 'JJ..L.J.L.#' .1 a.5~ ..J V.1. I oversight board. (2) For purposes of this part, "enforceable obligation" does not inclu(ie ny agreements, contracts, or arrangements between the city, couu city and county that created the redevelopment agency and the redevelopment agency. However, written agreements entered into (A) at the time of issuance, but in no event later than December 31, 2010, of indebtedness obligations, and (B) solely for the pUrp03( securing or repaying those indebtedness obligations may be deemed cllforceable obligations for purposes of this part. Notwitll tanding this paragraph, loan agreements entered into between the redevelopment agency and the city, county, or city and county that created it, within two years of the date of creation of the redevelopment agency, or within two years of the date of the creation of a cct area if the loan is specific to that project area, and any obi ltions imposed by paragraph (1) of subdivision (d) of Section 691 may be deemed to be enforceable obligations. (3) Contracts or agreements between the former redevelopment agency and other public agencies, to perform services or provide funding for governmental or private services or capital projects ~utside of redevelopment project areas that do not provide benefit to the redevelopment project and thus were not properly authorized under Pclcl: 1 (commencing with Section 33000) shall be deemed void on the five date of this part; provided, however, that such contract or agreements for the provision of housing properly authoriz.ed under Part 1 (commencing with Section 33000) shall not be deemed void. (e) "Indebtedness obligations" means bonds, notes, certificates of participrtion, or other evidence of indebtedness, issued or delivered by the redevelopment agency, or by a joint exercise of powers authority created by the redevelopment agency, to third-party investors or bondholders to finance or refinance redevelopment projects undertaken by the redevelopment agency in compliance with the Cormnunity Redevelopment Law (Part 1 (commencing with Section 33(00) ) . (f) "Oversight board" shall mean each entity established pursuant to Section 34179. (g) "Recognized obligation" means an obligation listed in the Recognized Obligation Payment Schedule. (h) "Recognized Obligation Payment Schedule" means the document setting forth the minimum payment amounts and due dates of payments required by enforceable obligations for each six-month fiscal period as provided in subdivision (m) of Section 34177. (i) "School entity" means any entity defined as such in subdivision (f) of Section 95 of the Revenue and Taxation Code. (j) "Successor agency" means the county, city, or city and county that authorized the creation.of each redevelopment agency or another entity as provided in Section 34173. (k) "Taxing entities" means cities, counties, a city and county, special districts, and school entities, as defined in subdivision (f) of Section 95 of the Revenue and Taxation Code, that receive passthrough payments and distributions of property taxes pursuant to the provisions of this part. SEC. 2. Section 34176 of the Health and Safety Code is amended to read: 34176. (a) The city, county, or city and county that authorized the creation of a redevelopment agency may elect to retain the housing assets and functions previously performed by the redevelopment agency. If a city, county, or city and county elects to retain the responsibility for performing housing functions previously performed by a redevelopment agency, all rights, powers, http://ct2k2.capitoltrack.comlBills/senlsb _ 0651-0700/sb _654_ bill_ 20120131_ amended _soo... 2/9/2012 tJu \.JJ-Y ...:1\;il1a"", Utlt - r1.lV~.J..jl. "IJJLJ...,I J:G!S"..,UJ: I duties, and obligations associated with the housing activities of the agency, including any amounts on deposit in the Low and Moderate Income Housing Fund, shall be transferred to the city, county, or city and county. Any funds transferred to the city, county, or city and county pursuant to this subdivision shall be maintained in a separate Low and Moderate Income Housing Fund and expended pursuant to the provisions of the Community Redevelopment Law relating to the Low and Moderate Income Housing Fund. (b) If a city, county, or city and county does not elect to retain the responsibility for performing housing functions previously performed by a redevelopment agency, all rights, powers, assets, liabilities, duties, and obligations associated with the housing activities of the agency, including any amounts in the Low and Moderate Income Housing Fund, shall be transferred as follows: (1) Where there is one local housing authority in the territorial jurisdiction of the former redevelopment agency, to that local housing authority. (2) Where there is more than one local housing authority in the territorial jurisdiction of the former redevelopment agency, to the local housing authority selected by the city, county, or city and county that authorized the creation of the redevelopment agency. (3) Where there is no local housing authority in the territorial jurisdiction of the former redevelopment agency or where the local housing authority selected does not accept the responsibility for performing housing functions previously performed by the former redevelopment agency, to the Department of Housing and Community Development. (c) Commencing on the operative date of this part, the entity assuming the housing functions formerly performed by the redevelopment agency shall enforce affordability covenants and perform related activities pursuant to applicable provisions of the Community Redevelopment Law (Part 1 (commencing with Section 33000)), including, but not limited to, Section 33418. SEC. 3. Section 34177 of the Health and Safety Code is amended to read: 34177. Successor agencies are required to do all of the following: (a) Continue to make payments due for enforceable obligations. (1) On and after October 1, 2011, and until a Recognized Obligation Payment Schedule becomes operative, only payments required pursuant to an enforceable obligations payment schedule shall be made. The initial enforceable obligation payment schedule shall be the last schedule adopted by the redevelopment agency under Section 34169. However, payments associated with obligations excluded from the definition of enforceable obligations by paragraph (2) of subdivision (d) of Section 34171 shall be excluded from the enforceable obligations payment schedule and be removed from the last schedule adopted by the redevelopment agency under Section 34169 prior to the successor agency adopting it as its enforceable obligations payment schedule pursuant to this subdivision. The enforceable obligation payment schedule may be amended by the successor agency at any public meeting and shall be subject to the approval of the oversight board as soon as the board has sufficient members to form a quorum. (2) The Department of Finance and the Controller shall each have the authority to require any documents associated with the enforceable obligations to be provided to them in a manner of their choosing. Any taxing entity, the department, and the Controller shall each have standing to file a judicial action to prevent a violation under this part and to obtain injunctive or other appropriate relief. http://ct2k2.capitoltrack.comIBills/senlsb _ 0651-0700/sb _ 654_ bill_ 20120131_ amended_sen... 2/9/2012 .& Mb"""'" v.a., I C:ommencing on January 1, 2012, only those payments listed in the zed Obligation Payment Schedule may be made by the su' agency from the funds specified in the Recognized Ob Payment Schedule. In addition, commencing January 1, 2012, th zed Obligation Payment Schedule shall supersede the St of Indebtedness, which shall no longer be prepared nor have an' under the Community Redevelopment Law. Nothing in the act adding this part is to be construed as pr~ a successor agency, with the prior approval of the ov( board, as described in Section 34179, from making payments fOl orceable obligations from sources other than those listed in tlv zed Obligation Payment Schedule. rom October 1, 2011, to July 1, 2012, a successor agency s11 no authority and is hereby prohibited from accelerating pal making any lump-sum payments that are intended to prepay 10, UiLiess such accelerated repayments were required prior to the ef vo date of this part. Maintain reserves in the amount required by indentures, trust ind '),ro,;, or similar documents governing the issuance of OUlJ.nding redevelopment agency bonds. Perform obligations required pursuant to any enforceable or.' Remit unencumbered balances of redevelopment agency funds to )un y auditor-controller for distribution to the taxing o In making the distribution, the county auditor-controller i1ize the same methodology for allocation and distribution of tax revenues provided in Section 34188. spose of assets and properties of the former redevelopment ag directed by the oversight board; provided, however, that the Jversight board may instead direct the successor agency to t fer ownership of certain assets pursuant to subdivision (a) of So, 4181. The disposal is to be done expeditiously and in a man)!med at maximizing value. Proceeds from asset sales and related funds that are no longer needed for approved development sets or to otherwise wind down the affairs of the agency, each as dei. iifiined by the oversight board, shall be transferred to the COlln y auditor-controller for distribution as property tax proceeds unde) Section 34188. (f) Enforce all former redevelopment agency rights for the benefit of the taxing entities, including, but not limited to, continuing to collect loans, rents, and other revenues that were due to the redevelopment agency. (g) Effectuate transfer of housing functions and assets to the appropriate entity designated pursuant to Section 34176. (h) Expeditiously wind down the affairs of the redevelopment agency pursuant to the provisions of this part and in accordance with the direction of the oversight board. (i) Continue to oversee development of properties until the contracted work has been completed or the contractual obligations of the former redevelopment agency can be transferred to other parties. Bond proceeds shall be used for the purposes for which bonds were unless the purposes can no longer be achieved, in which case, the proceeds may be used to defease the bonds. (j) Prepare a proposed administrative budget and submit it oversight board for its approval. The proposed administrative shall include all of the following: ( L) Est~imated amounts for successor agency administrative costs the upcoming six-month fiscal period. (2) Proposed sources of payment for the costs identified in th( en sh. pi to the budget http://ct2k2.capitoltrack.comIBillslsenlsb_0651-0700/sb_654_ bill_ 20120131_amended_sen... 2/9/2012 1rrJ.L.I' v..rT U\i.OfIIQ.\.\J .LIIJJ - .{'""'11Y~.La .......,,Lj......., . "5'" v v. I paragraph (1). (3) Proposals for arrangements for administrative and operations services provided by a city, county, city and county, or other entity. (k) Provide administrative cost estimates, from its approved administrative budget that are to be paid from property tax revenues deposited in the Redevelopment Property Tax Trust Fund, to the county auditor-controller for each six-month fiscal period. (1) (1) Before each six-month fiscal period, prepare a Recognized Obligation Payment Schedule in accordance with the requirements of this paragraph. For each recognized obligation, the Recognized Obligation Payment Schedule shall identify one or more of the following sources of payment: (A) Low and Moderate Income Housing Fund. (B) Bond proceeds. (C) Reserve balances. (D) Administrative cost allowance. (E) The Redevelopment Property Tax Trust Fund, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation or by the provisions of this part. (F) Other revenue sources, including rents, concessions, asset sale proceeds, interest earnings, and any other revenues derived from the former redevelopment agency, as approved by the oversight board in accordance with this part. (2) A Recognized Obligation Payment Schedule shall not be deemed valid unless all of the following conditions have been met: (A) A draft Recognized Obligation Payment Schedule is prepared by the successor agency for the enforceable obligations of the former redevelopment agency by November I, 2011. From October I, 2011, to July I, 2012, the initial draft of that schedule shall project the dates and amounts of scheduled payments for each enforceable obligation for the remainder of the time period during which the redevelopment agency would have been authorized to obligate property tax increment had such a redevelopment agency not been dissolved, and shall be reviewed and certified,as to its accuracy, by an external auditor designated pursuant to Section 34182. (B) The certified Recognized Obligation Payment Schedule is submitted to and duly approved by the oversight board. (C) A copy of the approved Recognized Obligation Payment Schedule is submitted to the county auditor-controller and both the Controller' s office and the Department of Finance and be posted on the successor agency's Internet Web site. (3) The Recognized Obligation Payment Schedule shall be forward looking to the next six months. The first Recognized Obligation Payment Schedule shall be submitted to the Controller's office and the Department of Finance by December 15, 2011, for the period of January I, 2012, to June 30, 2012, inclusive. Former redevelopment agency enforceable obligation payments due, and reasonable or necessary administrative costs due or incurred, prior to January I, 2012, shall be made from property tax revenues received in the spring of 2011 property tax distribution, and from other revenues and balances transferred to the successor agency. SEC. 4. Section 34178 of the Health and Safety Code is amended to read: 34178. (a) Commencing on the operative date of this part, agreements, contracts, or arrangements between the city or county, or city and county that created the redevelopment agency and the redevelopment agency are invalid and shall not be binding on the successor agency; provided, however, that a successor entity wishing http://ct2k2.capitoltrack.com/Bills/senlsb_065 1-0700/sb _6S4_bill_20120131_amended _sen... 2/9/2012 trJ..Ll v-'~ U\oit.l.lQ.L\i;.i .LJI.l.ll - ~.J..a..;,,1 ,.LI.LJ..L..' .I a!;~ I V.I I to enter or reenter into agreements with the city, county, or c~ty and county that formed the redevelopment agency that it is succeeding may do so upon obtaining the approval of its oversight board. (b) Notwithstanding subdivision (a), any of the following agreements are not invalid and may bind the successor agency: (1) A duly authorized written agreement entered into at the time of issuance, but in no event later than December 31, 2010, of indebtedness obligations, and solely for the purpose of securing or repaying those indebtedness obligations. (2) A written agreement between a redevelopment agency and the city, county, or city and county that created it that provided loans or other startup funds for the redevelopment agency that were entered into within two years of the formation of the redevelopment agency, or within two years of the date of the creation of a project area if the loan is specific to that project area, and any obligations imposed by paragraph (1) of subdivision (d) of Section 33691. (3) A joint exercise of powers agreement in which the redevelopment agency is a member of the joint powers authority. However, upon assignment to the successor agency by operation of the act adding this part, the successor agency's rights, duties, and performance obligations under that joint exercise of powers agreement shall be limited by the constraints imposed on successor agencies by the act adding this part. [)DC'~'-': s. TL'~':"" u~l:: ~'>J G'H' u~':1'(.~J.\..J'y ~ LuLuLG J:~~~i>J;s~-~':t IC~LLG'. ~~~ul~~.1lo. L,-,-:~J... ~>JG~' v ~ L:\..Iu -\..II LLc. -. -t-'u.Ll~6 p,,--u~~-, L."(.. 6. 1 LL', 6~,:::,_J(...lr-v['y---V'l~lL'~u LL\..J -Hl~Glu'lu~-\..I[ ^'.J- L-':'t..l,-,' r,,"v7: \..1'[ LLG C0~J.,-"L~LuL~,-"u~~ud ~L~ll. <j8'-.~J.~L'v':~'J.lUll;,_:J';"uL'(.- "--[[.....~L.: ~Ll. f6'~~,,-, ~,-"uuL-~Lu.L~~~0' LL~ --u.....~~~0~L.Y ~ I'J.-';' "-'-L.Jv..L" L.j:',-,IE'-vLLu.1L~.;.'-. LL~ L',Lu~~>J['-~ -.....,[ L0d-.J':'u~ - [~u,-l..:.] uud. -'- v~~~"~~~':'b":'l~ lf~L'''; "L.>J~~L':'lA t~J vv~ LL J~:';~61' v ,-J 'J... ~clGv .....lGt-'~ll'-'u L U:<;'~'J.J.v":'-'->J;' ..:. L ~~'ll~'~L.>JS~~'y' - LL~ L LL~',-,,' u,--L' L6k~' ":'H~tlvJ~uLG . vfL,-,--, L . http://ct2k2.capitoltrack.comIBillslsenlsb _ 0651-0700/sb _654_ bill_ 20 120131_arnended _sen... 2/9/2012 .....,...., J...." Jr."IW..........'" 4.I...a. - .......... ...........'-'....,'-''-''~..., .1."5'*.1 V.J...1 BILL NUMBER: SB 986 BILL TEXT INTRODUCED INTRODUCED BY Senator Dutton JANUARY 31, 2012 An act to amend Sections 34177 and 34180 of the Health and Safety Code, relating to redevelopment, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 986, as introduced, Dutton. Redevelopment: bond proceeds. Existing law dissolves redevelopment agencies and community development agencies, as of February 1, 2012, and designates successor agencies, as defined. Existing law requires that successor entities perform certain duties, including, among others, remitting unencumbered funds of that agency to the county auditor-controller, and overseeing the use of bond proceeds. Existing law requires each successor agency to have an oversight board that is composed of 7 members who meet certain qualifications. Existing law requires the oversight board to approve certain actions of the successor agency. This bill would provide that all bond proceeds that were generated by the former redevelopment agency shall be deemed to be encumbered and would prohibit a successor agency from remitting these proceeds to the county auditor-controller. This bill would also require that the proceeds of bonds issued by a former redevelopment agency must be used by the successor agency for the purposes for which the bonds v,ere sold pursuant to an enforceable obligation, as defined, that was entered into either by the former redevelopment agency prior to its dissolution, or is entered into by the successor agency by December 14, 2014. This bill would also provide that if an enforceable obligation is not entered into by that time, or if the purpose for which the bonds were sold can no longer be achieved, then the bond proceeds shall be used to defease the bonds or to purchase outstanding bonds on the open market for cancellation. This bill would also require the oversight board to approve of the establishment of an enforceable obligation with respect to bond proceeds. This bill would prohibit the oversight board from disapproving the establishment of an enforceable obligation with respect to bond proceeds if that obligation is reasonably in furtherance of the purposes for which the bonds were sold. This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. to read: 34177. following: (a) Continue to make payments due (1) On and after October 1, 2011, Section 34177 of the Health and Safety Code is amended Successor agencies are required to do all of the for enforceable obligations. and until a Recognized http://ctZk2.capitoltrack.comlBillslsenlsb_0951.1000/sb_986 _ biU~20120131_introduced.html 2/9/2012 lJ..L.I 7UV UW.U"""" .LI.l.11 - .1~" ..L .1.'-'-'LJ\.J'-"..L:.tLJ .J, "5'" .. V.J, -' Obligation Payment Schedule becomes operative, only payments required pursuant to an enforceable obligations payment schedule shall be made. The initial enforceable obligation payment schedule shall be the last schedule adopted by the redevelopment agency under Section 34169. However, payments associated with obligations excluded from the definition of enforceable obligations by paragraph (2) of subdivision (e) of Section 34171 shall be excluded from the enforceable obligations payment schedule and be removed from the last schedule adopted by the redevelopment agency under Section 34169 prior to the successor agency adopting it as its enforceable obligations payment schedule pursuant to this subdivision. The enforceable obligation payment schedule may be amended by the successor agency at any public meeting and shall be subject to the approval of the oversight board as soon as the board has sufficient members to form a quorum. (2) The Department of Finance and the Controller shall each have the authority to require any documents associated with the enforceable obligations to be provided to them in a manner of their choosing. Any taxing entity, the department, and the Controller shall each have standing to file a judicial action to prevent a violation under this part and to obtain injunctive or other appropriate relief. (3) Commencing on January 1, 2012, only those payments listed in the Recognized Obligation Payment Schedule may be made by the successor agency from the funds specified in the Recognized Obligation Payment Schedule. In addition, commencing January 1, 2012, the Recognized Obligation Payment Schedule shall supersede the Statement of Indebtedness, which shall no longer be prepared nor have any effect under the Community Redevelopment Law. (4) Nothing in the act adding this part is to be construed as preventing a successor agency, with the prior approval of the oversight board, as described in Section 34179, from making payments for enforceable obligations from sources other than those listed in the Recognized Obligation Payment Schedule. (5) From October 1, 2011, to July 1, 2012, a successor agency shall have no authority and is hereby prohibited from accelerating payment or making any lump-sum payments that are intended to prepay loans unless such accelerated repayments were required prior to the effective date of this part. (b) Maintain reserves in the amount required by indentures, trust indentures, or similar documents governing the issuance of outstanding redevelopment agency bonds. (c) Perform obligations required pursuant to any enforceable obligation. (d) Remit unencumbered balances of redevelopment agency funds to the county auditor-controller for distribution to the taxing entities, including, but not limited to, the unencumbered balance of the Low and Moderate Income Housing Fund of a former redevelopment agency. In making the distribution, the county auditor-controller shall utilize the same methodology for allocation and distribution of property tax revenues provided in Section 34188. For purposes of this subdivision, bond proceeds of the redevelopment agency shall be deemed to be encumbered, and therefore the successor agency shall not remit those funds to the county auditor-controller. (e) Dispose of assets and properties of the former redevelopment agency as directed by the oversight board; provided, however, that the oversight board may instead direct the successor agency to transfer ownership of certain assets pursuant to subdivision (a) of Section 34181, The disposal is to be done expeditiously and in a http://ct2k2.capitoltrack.comIBills/senlsb_0951.1000/sb_986 _ bill_20120131_introduced.html 2/9/2012 "U 70V ","UaUii DIU - U'I J.ftVUV'VLU r al;'" J VL .) manner aimed at maximizing value. Proceeds from asset sales and related funds that are no longer needed for approved development projects or to otherwise wind down the affairs of the agency, each as determined by the oversight board, shall be transferred to the county auditor-controller for distribution as property tax proceeds under Section 34188. (f) Enforce all former redevelopment agency rights for the benefit of the taxing entities, including, but not limited to, continuing to collect loans, rents, and other revenues that were due to the redevelopment agency. (g) Effectuate transfer of housing functions and assets to the appropriate entity designated pursuant to Section 34176. (h) Expeditiously wind down the affairs of the redevelopment agency pursuant to the provisions of this part and in accordance with the direction of the oversight board. (i) Continue to oversee development of properties until the contracted work has been completed or the contractual obligations of the former redevelopment agency can be transferred to other parties. Bond proceeds shall be used for the purposes for which the bonds were sold 0ul"G...hJ- LYJ.G - ~0..Ll:-"......v~.j('G-~J. u6 16-.lJ.=,G~- bL u.yLi,--~,--,J, .~u vvL~(..L - (..6.::><.., LL<.. -p-.J..6......."--~J'iJ- J.uu.j L\..-- .-u....,......d.:-L\J. J'--[~.d_h..)\..... LL....... bOuJ", , if and to the ex ten t tha t the successor agency is either performing an obligation required pursuant to any enforceable obligation entered into by the former redevelopment agency, or is performing an enforceable obligation entered into by the successor agency on or before December 31, 2014, to fulfill the purposes for which the bonds were sold by the dissol ved redevelopment agency. Any amount of bond proceeds not subject to an enforceable obligation as of January 1, 2015, shall be used to defease the bonds or to purchase outstanding bonds on the open market for cancellation. If the purposes for which the bonds were sold by the dissolved redevelopment agency can no longer be achieved, then the proceeds shall be used to defease the bonds or to purchase outstanding bonds on the open market for cancellation (j) Prepare a proposed administrative budget and submit it to the oversight board for its approval. The proposed administrative budget shall include all of the following: (1) Estimated amounts for successor agency administrative costs for the upcoming six-month fiscal period. (2) Proposed sources of payment for the costs identified in paragraph (1). (3) Proposals for arrangements 'for administrative and operations services provided by a city, county, city and county, or other entity. (k) Provide administrative cost estimates, from its approved administrative budget that are to be paid from property tax revenues deposited in the Redevelopment Property Tax Trust Fund, to the county auditor-controller for each six-month fiscal period. (1) (1) Before each six-month fiscal period, prepare a Recognized Obligation Payment Schedule in accordance with the requirements of this paragraph. For each recognized obligation, the Recognized Obligation Payment Schedule shall identify one or more of the following sources of payment: (A) Low and Moderate Income Housing Fund. (B) Bond proceeds. (C) Reserve balances. (0) Administrative cost allowance. (E) The Redevelopment Property Tax Trust Fund, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation or by http://ct2k2.capitoltrack.comlBills/senlsb 0951-1000/sb 986 bill 20120131 introduced.html 2/9/2012 - - - - - ":>0 ~ou ":>CU(lU;; DIU - U'lll'\.VUUvCU J. "5" -r VJ. J the provisions of this part. (F) Other revenue sources, including rents, concessions, asset sale proceeds, interest earnings, and any other revenues derived from the former redevelopment agency, as approved by the oversight board in accordance with this part. (2) A Recognized Obligation Payment Schedule shall not be deemed valid unless all of the following conditions have been met: (A) A draft Recognized Obligation Payment Schedule is prepared by the successor agency for the enforceable obligations of the former redevelopment agency by November 1, 2011. From October 1, 2011, to July 1, 2012, the initial draft of that schedule shall project the dates and amounts of scheduled payments for each enforceable obligation for the remainder of the time period during which the redevelopment agency would have been authorized to obligate property tax increment had ou~l ~ that redevelopment agency not been dissolved, and shall be reviewed and certified, as to its accuracy, by an external auditor designated pursuant to Section 34182. (B) The certified Recognized Obligation Payment Schedule is submitted to and duly approved by the oversight board. (C) A copy of the approved Recognized Obligation Payment Schedule is submitted to the county auditor-controller and both the Controller' s office and the Department of Finance and be posted on the successor agency's Internet Web site. (3) The Recognized Obligation Payment Schedule shall be forward looking to the next six months. The first Recognized Obligation Payment Schedule shall be submitted to the Controller',s office and the Department of Finance by December 15, 2011, for the period of January 1, 2012, to June 30, 2012, inclusive. Former redevelopment agency enforceable obligation payments due, and reasonable or necessary administrative costs due or incurred, prior to January 1, 2012, shall be made from property tax revenues received in the spring of 2011 property tax distribution, and from other revenues and balances transferred to the successor agency. SEC. 2. Section 34180 of the Health and Safety Code is amended to read: 34180. All of the following successor agency actions shall first be approved by the oversight board: (a) The establishment of new repayment terms for outstanding loans where the terms have not been specified prior to the date of this part. (b) Refunding of outstanding bonds or other debt of the former redevelopment agency by successor agencies in order to provide for savings or to finance debt service spikes; provided, however, that no additional debt is created and debt service is not accelerated. (c) Setting aside of amounts in reserves as required by indentures, trust indentures, or similar documents governing the issuance of outstanding redevelopment agency bonds. (d) Merging of project areas. (e) Continuing the acceptance of federal or state grants, or other forms of financial assistance from either public or private sources, where assistance is conditioned upon the provision of matching funds, by the successor entity as successor to the former redevelopment agency, in an amount greater than 5 percent. (f) (1) If a city, county, or city and county wishes to retain any properties or other assets for future redevelopment activities, funded from its own funds and under its own auspices, it must reach a compensation agreement with the other taxing entities to provide payments to them in proportion to their shares of the base property tax, as determined pursuant to Section 34188, for the value of the http://ct2k2.capitoltrack.comIBillslsenlsb_0951-1 OOO/sb _986 _ bill_ 20 120131_introduced.htrnl 2/9/2012 ",0 7\JU ,"'~,;H<llU;; DIU - .1'1 . ft~LJ'U'-'LLJ' J. "5'" J VJ. J cetained. no other agreement is reached on valuation of the retained value will be the fair market value as of the 2011 lien date as determined by the county assessor. ishment of the Recognized Obligation Payment Schedule. rsquest by the successor agency to enter into an agreement county, or city and county that formed the t agency that it is succeeding. cequest by a successor agency or taxing entity to pledge, or inca an agreement for the pledge of, property tax revenues to subdivision (b) of Section 34178. The establishment of an enforceable obligation with respect to c,"'eds pursuant to subdivision (i) of Section 34177. However, t. board shall not disapprove the establishment of an J.b,ligation with respect to bond proceeds if that Ls reasonably in furtherance of the purposes for which the ce sold. 'This act is an urgency statute necessary for the immediate of the public peace, health~ or safety within the ot Article IV of the Constitution and shall go into immediate The facts constituting the necessity are: to provide guidance to the successor agencies on the use , it is necessary for this act to take effect prop' ( asse prop ( ( with rede\ ( to e purs ( bom the en1. obi bon, s pre: meal eff, of :imme (..121 jl <> hHp://ct2k2.capitoltrack.comIBillslsenlsb 0951-1000/sb 986 bill 20120131 introduced.html 2/9/2012 - - - - - ~ .JOJ ~;:);:)..,uuny LUU - U'l ..''-J'JJU'V,LjJJ Ci1!;G 1 Ul 1""t BILL NUMBER: AB 1585 BILL TEXT INTRODUCED INTRODUCED BY Hill, Mitchell, Assembly Members John A. Perez, Atkins, Dickinson, Perea, and Torres FEBRUARY 2, 2012 An act to amend Sections 34171, 34176, 34177, 34179, 34180, 34181, and 34183 of the Health and Safety Code, relating to redevelopment, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1585, as introduced, John A. Perez. Redevelopment. Existing law dissolves redevelopment agencies and community development agencies, as of February 1, 2012, and designates successor agencies, as defined. Existing law requires successor agencies to wind down the affairs of the dissolved redevelopment agencies and to, among other things, repay enforceable obligations, as defined, and to remit unencumbered balances of redevelopment agency funds, including housing funds, to the county auditor-controller for distribution to taxing entities. Existing law authorizes the city, county, or city and county that authorized the creation of a redevelopment agency to retain the housing assets, functions, and powers previously performed by the redevelopment agency, excluding amounts on deposit in the Low and Moderate Income Housing Fund. This bill would modify the scope of the term "enforceable obligation" and modify provisions relating to the transfer of housing funds and responsibilities associated with dissolved redevelopment agencies. The bill would provide that any amounts on deposit in the Low and Moderate Income Housing Fund of a dissolved redevelopment agency be transferred to specified entities. The bill would make conforming changes. Existing law provides that, upon a specified date, agreements, contracts, or arrangements between the city or county, or city and county that created the redevelopment agency and the redevelopment agency are invalid. Notwithstanding this provision, an agreement that provided loans or other startup funds for the agency that was entered into within 2 years of the formation of the agency is valid and binds the successor agency. The bill would expand this exception to include an agreement involving a loan specific to a project area and other specified obligations. The bill would provide that other loan agreements entered into between the redevelopment agency and the city, county, or city and county that created it are deemed to be enforceable obligations, except as specified. The bill would further expand upon, and clarify, the scope of the successor agency's and the oversight board's responsibilities. This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: http://ct2k2.capitoltrack.comIBillslasmJab_1551-1600/ab_1585_ bill_20120202 _introduced.... 2/9/2012 ~ ~..JU..J r1~il:J,,",J.1IUJ.} LlII. - ~~, ~..I.'-'--'.LJ'-''--'..LJLI ~Q5'""'V. .-r SECTION 1. Section 34171 of the Health and Safety Code is amended to read: 34171. The following terms shall have the following meanings: (a) "Administrative budget" means the budget for administrative costs of the successor agencies as provided in Section 34177. (b) "Administrative cost allowance" means an amount that, subject to the approval of the oversight board, is payable from property tax revenues of up to 5 percent of the property tax allocated to the successor agency for the 2011-12 fiscal year and up to 3 percent of the property tax allocated to the Redevelopment Obligation Retirement Fund money that is allocated to the successor agency for each fiscal year thereafter , except as provided by subdivision (1) of Section 34180 ; provided, however, that the amount shall not be less than two hundred fifty thousand dollars ($250,000) for any fiscal year or such lesser amount as agreed to by the successor agency. However, the allowance amount shall exclude any administrative costs that can be paid from bond proceeds or from sources other than property tax. Employee costs associated with work .on specific project implementation activities, including, but not limited to, construction inspection, project management, or actual construction, shall be considered project-specific costs and are not administrative costs. (c) "Designated local authority" shall mean a public entity formed pursuant to subdivision (d) of Section 34173. (d) (1) "Enforceable obligation" means any of the following: (A) Bonds, as defined by Section 33602 and bonds issued pursuant to Section 58383 of the Government Code, including the required debt service, reserve set-asides, and any other payments required under the indenture or similar documents governing the issuance of the outstanding bonds of the former redevelopment agency. (B) Loans of moneys borrowed by the redevelopment agency for a lawful purpose, to the extent they are legally required to be repaid pursuant to a required repayment schedule or other mandatory loan terms. (C) Payments required by the federal government, preexisting obligations to the state or obligations imposed by state law, other than passthrough payments that are made by the county auditor-controller pursuant to Section 34183, or legally enforceable payments required in connection with the agencies' employees, including, but not limited to, pension payments, pension obligation debt service, unemployment payments, or other obligations conferred through a collective bargaining agreement. Costs incurred to fulfill collective bargaining agreements for layoffs or terminations of city employees who performed work directly on behalf of the former redevelopment agency shall be considered enforceable obligations payable from property tax funds. (D) Judgments or settlements entered by a competent court of law or binding arbitration decisions against the former redevelopment agency, other than passthrough payments that are made by the county auditor-controller pursuant to Section 34183. Along with the successor agency, the oversight board shall have the authority and standing to appeal any judgment or to set aside any settlement or arbitration decision. (E) Any legally binding and enforceable agreement or contract that is not otherwise void as violating the debt limit or public policy. However, nothing in this act shall prohibit either the successor agency, with the approval or at the direction of the oversight board, or the oversight board itself from terminating any existing agreements or contracts and providing any necessary and required http://ct2k2.capitoltrack.comIBills/asm/ab_1551-1600/ab_1585_ bill_ 20120202_introduced.... 2/9/2012 ru:J l.JO.J r\,:S:S~UIUIY OUl - U"" IftVUU~CU rage.) 01 1"+ compensation or remediation for spch termination. (F) Contracts or agreements necessary for the administration or operation of the successor agency, in accordance with this part, including, but not limited to, agreements to purchase or rent' office space, equipment and supplies, and pay-related expenses pursuant to Section 33127 and for carrying insurance pursuant to Section 33134. (G) Amounts borrowed from or payments owing to the Low and Moderate Income Housing Fund of a redevelopment agency, which had been deferred as of the effective date of the act adding this part; provided, however, that the repayment schedule is approved by the. oversight board. (2) r~Y~~L~O~L~ ~[ (A) Except as specifically provided in this part, "enforceable obligation" does not include any agreements, contracts, or arrangements between the city, county, or city and county that created the redevelopment agency and the former redevelopment agency. However, written agreements entered into (A) at the time of issuance, but in no event later than December 31, 2010, of indebtedness obligations, and (B) solely for the purpose of securing or repaying those indebtedness obligations may be deemed enforceable obligations for purposes of this part. HvL"iLL.)U;uJ:::u~ ~Li:.:!J p<A-L. ~~.L l.-lt-'L.,,' ,1'-JLuJ. (B) Loan agreements entered into between the redevelopment agency and the city, county, or city and county that created it, within two years of the date of creation of the redevelopment agency, or within two years of the date of the creation of a project area if the loan is specific to that project area, and any obligations imposed by paragraph (1) of subdivision (d) of Section 33691 may be deemed to be enforceable obligations. (e) Other loan agreements entered into between the redevelopment agency and the city, county, or city and county that created it, may be deemed to be enforceable obligations, subject to subdivision (k) of Section 34180. (3) Contracts or agreements between the former redevelopment agency and other public agencies, to perform services or provide funding for governmental or private services or capital projects outside of redevelopment project areas that do not provide benefit to the redevelopment project and thus were not properly authorized under Part 1 (commencing with Section 33000) shall be deemed void on the effective date of this part; provided, however, that such contracts or agreements for the provision of housing properly authorized under Part 1 (commencing with Section 33000) shall not be deemed void. (e) "Indebtedness obligations" means bonds, notes, certificates of participation, or other evidence of indebtedness, issued or delivered by the redevelopment agency, or by a joint exercise of powers authority created by the redevelopment agency, to third-party investors or bondholders to finance or refinance redevelopment projects undertaken by the redevelopment agency in compliance with the Community Redevelopment Law (Part 1 (commencing with Section 33000)) . (f) "Oversight board" shall mean each entity established pursuant to Section 34179. (g) "Recognized obligation" means an obligation listed in the Recognized Obligation Payment Schedule. (h) "Recognized Obligation Payment Schedule" means the document setting forth the minimum payment amounts and due dates of payments required by enforceable obligations for each six-month fiscal period as provided in subdivision (m) of Section 34177. http://ct2k2.capitoltrack.comIBillsJasm/ab_1551-1600/ab_1585_ bill_ 20120202 _introduced.... 2/9/2012 .I L&..I' .... JUJ .I """~"""'..V.J ....,....... .....L,.... ....'-____ '-' ..................,...., ......5""'.,-"'... ...~ (i) "School entity" means any entity defined as such in subdivision (f) of Section 95 of the Revenue and Taxation Code. (j) "Successor agency" means the county, city, or city and county that authorized the creation of each redevelopment agency or another entity as provided in Section 34173. (k) "Taxing entities" means cities, counties, a city and county, special districts, and school entities, as defined in subdivision (f) of Section 95 of the Revenue and Taxation Code, that receive passthrough payments and distributions of property taxes pursuant to the provisions of this part. SEC. 2. Section 34176 of the Health and Safety Code is amended to read: 34176. (a) The city, county, or city and county that authorized the creation of a redevelopment agency may elect to retain the housing assets and functions previously performed by the redevelopment agency. If a city, county, or city and county elects to retain the responsibility for performing housing functions previously performed by a redevelopment agency, all rights, powers, duties, and \.JL1~~Llt~'...nJ.-.J" .....L).vluJ.:u:;1 obligations associated with the housing activities of the agency, including any amounts on deposit in the Low and Moderate Income Housing Fund, shall be transferred to the city, county, or city and county. Any funds transferred to the city, county, or city and county pursuant to this subdivision shall be maintained in a separate Low and Moderate Income Housing Fund and expended pursuant to the provisions of the Community Redevelopment Law relating to the Low and Moderate Income Housing Fund. (b) If a city, county, or city and county does not elect to retain the responsibility for performing housing functions previously performed by a redevelopment agency, all rights, powers, assets, liabilities, duties, and obligations associated with the housing activities of the agency, G~~luJ:.~ including any amounts in the Low and Moderate Income Housing Fund, shall be transferred as follows: (It. ~JL(;.L<:: L'LL'~-(i)'~.y"J.-~'''''''' 10c~l,-1';oj...,~.l'~'~ 'u'uLLG..L~L''y ';'u tL~ LG~".L~L....,'~~61 5lAL ~uJ1L L~6~~.. 61" LL,- ['o'LJ.uti: ':L <:..\.1..... v (.l'6t-"H~Gu L 6g(.!-1~j'" t....... LL~ Dcp'QL: ~L-UGu L' 'of I1~.;-~u~-J.~~ ~~J.J' CVLlUtl~'.l~~ tj. DG' V Gi61---HL~U L . (2) (1) Where there is one local housing authority in the territorial jurisdiction of the former redevelopment agency, to that local housing authority. (J) (2) Where there is more than one local housing authority in the territorial jurisdiction of the former redevelopment agency, to the local housing authority selected by the city, county, or city and county that authorized the creation of the redevelopment agency. (3) Where there is no local housing authority in the territorial jurisdiction of the former redevelopment agency or where the local housing authority selected does not accept the responsibility for performing housing functions previously performed by the former redevelopment agency, to the Department of Housing and Community Development. (c) Commencing on the operative date of this part, the entity assuming the housing functions formerly performed by the redevelopment agency,~:ul' shall enforce affordability covenants and perform related activities pursuant to applicable provisions of the Community Redevelopment Law (Part 1 (commencing with Section 33000), including, but not limited to, Section 33418. http://ct2k2.capitoltrack.comIBills/asrn/ab_1551.1600/ab_1585_ bill_ 20l20202_introduced.... 2/9/2012 LLU .1..JO..J ~o:lo:l"'Uuny J..UU - .11'1 .1.1"~J..J'UvLJJ..J' .1 QO.....JU.1 .1"1' (d) If the city, county, or city and county, or other public entity that performs housing functions pursuant to this section has not expended or encumbered at least 80 percent of the moneys in the Low and Moderate Income Housing Fund within three years of the date of receipt of those moneys by the entity assuming housing responsibilities pursuant to this part, then the excess amount, minus the amount necessarily reserved for the. ongoing monitoring and maintenance of affordable housing projects, shall be allocated to the auditor-controller for housing purposes pursuant to existing law. SEC. 3. Section 34177 of the Health and Safety Code is amended to read: 34177. Successor agencies are required to do all of the following: (a) Continue to make payments due for enforceable obligations. (1) On and after February 1, 2012, and until a Recognized Obligation Payment Schedule becomes operative, only payments required pursuant to an enforceable obligations payment schedule shall be made. The initial enforceable obligation payment schedule shall be th~ last schedule adopted by the redevelopment agency under Section 34169. However, payments associated with obligations excluded from the definition of enforceable obligations by paragraph (2) of subdivision (e) of Section 34171 shall be excluded from the enforceable obligations payment schedule and be removed from the last schedule adopted by the redevelopment agency under Section 34169 prior to the successor agency adopting it as its enforceable obligations payment schedule pursuant to this subdivision. The enforceable obligation payment schedule may be amended by the successor agency at any public meeting and shall be subject to the approval of the oversight board as soon as the board has sufficient members to form a quorum. (2) The Department of Finance and the Controller shall each have the authority to require any documents associated with the enforceable obligations to be provided to them in a manner of their choosing. Any taxing entity, the department, and the Controller shall each have standing to file a judicial action to prevent a violation under this part and to obtain injunctive or other appropriate relief. (3) Commencing on May 1, 2012, only those payments listed in the Recognized Obligation Payment Schedule may be made by the successor agency from the funds specified in the Recognized Obligation Payment Schedule. In addition, commencing May 1, 2012, the Recognized Obligation Payment Schedule shall supersede the Statement of Indebtedness, which shall no longer be prepared nor have any effect under the Community Redevelopment Law. (4) Nothing in the act adding this part is to be construed as preventing a successor agency, with the prior approval of the oversight board, as described in Section 34179, from making payments for enforceable obligations from sources other than those listed in the Recognized Obligation Payment Schedule. (5) From February 1, 2012, to July 1, 2012, a successor agency shall have no authority and is hereby prohibited from accelerating payment or making any lump-sum payments that are intended to prepay loans unless such accelerated repayments were required prior to the effective date of this part. (b) Maintain reserves in the amount required by indentures, trust indentures, or similar documents governing the issuance of outstanding redevelopment agency bonds. (c) Perform obligations required pursuant to any enforceable obligation. http://ct2k2.capitoltrack.comIBillslasmlab_1551-1600/ab_1585 _ bill_20120202 _introduced.... 2/9/2012 n.D 1.10.1 1"\.;:);:)l!;;llIUIY 0111 - 11'1 J.~VLJU'-'l,JLJ ra!S1!;; V VII..., (d) Remit unencumbered balances of redevelopment agency funds to the county auditor-controller for distribution to the taxing entities , ~l.i'~l u.J~J.'J.,=, ,.' bu. L' .u.6 L'.l":"J.l~":' L......cl L~.Y" - LLc u..Ln....dGu..ut!.)......L vJ' 16u.l'6.li~v 6["lL.-G L6v,,2:lJ..Ld'r16d.~Y6.L(, I.LJ.GL,J.ll~-Il61A~i'.LJ.~ [\:.unJ.......f G. [G.L.Lll"--'X LGclL-vc.lvtnllGuL Ct'j,--u'--.y . In making the distribution, the county auditor-controller shall utilize the same methodology for allocation and distribution of property tax revenues provided in Section 34188. (e) Dispose of assets and properties of the former redevelopment agency as directed by the oversight board; provided, however, that the oversight board may instead direct the successor agency to transfer ownership of certain assets pursuant to subdivision (a) of Section 34181. The disposal is to be done expeditiously and in a manner aimed at maximizing value. Proceeds from asset sales and related funds that are no longer needed for approved development projects or to otherwise wind down the affairs of the agency, each as determined by the oversight board, shall be transferred to the county auditor-controller for distribution as property tax proceeds under Section 34188. (f) Enforce all former redevelopment agency rights for the benefit of the taxing entities, including, but not limited to, continuing to collect loans, rents, and other revenues that were due to the redevelopment agency. (g) Effectuate transfer of housing functions and assets to the appropriate entity designated pursuant to Section 34176. (h) Expeditiously wind down the affairs of the redevelopment agency pursuant to the provisions of this part and in accordance with the direction of the oversight board. (i) Continue to oversee development of properties until the contracted work has been completed or the contractual obligations of the former redevelopment agency can be transferred to other parties. Bond proceeds shall be used for the purposes for which bonds were sold unless the purposes can no longer be achieved, in which case, the proceeds may be used to defease the bonds. (j) Prepare a proposed administrative budget and submit it to the oversight board for its approval. The proposed administrative budget shall include all of the following: (1) Estimated amounts for successor agency administrative costs for the upcoming six-month fiscal period. (2) Proposed sources of payment for the costs identified in paragraph (1). (3) Proposals for arrangements for administrative and operations services provided by a city, county, city and county, or other entity. (k) Provide administrative cost estimates, from its approved administrative budget that are to be paid from property tHX revenues deposited in the Redevelopment Property Tax Trust Fund, to the county auditor-controller for each six-month fiscal period. (1) (1) Before each six-month fiscal period, prepare a Recognized Obligation Payment Schedule in accordance with the requirements of this paragraph. For each recognized obligation, the Recognized Obligation Payment Schedule shall identify one or more of the following sources of payment: (A) Low and Moderate Income Housing Fund. (B) Bond proceeds. (C) Reserve balances. (D) Administrative cost allowance. (E) The Redevelopment Property Tax Trust Fund, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation or by the provisions of this part. http://ct2k2.capitoltrack.com/Billslasrn/ab_1551-1600/ab_1585_ bill_ 20120202_introduced.... 2/9/2012 ru::J L}OJ J"1,~"1>l;iU1UIY DIU - U'I.lftVUU\..d:::'U r4~,,", I U.l l"'t be made propert transf( SEC. read: 34179. (a) Each successor agency shall have an oversight board compose~' of seven members. The members shall elect one of their members "the chairperson and shall report the name of the chairperson and other members to the Department of Finance on or before May 1, 2012. Members shall be selected as follows: (1) One member appointed by the county board of supervisors. (2) One member appointed by the mayor for the city that formed the redevelopment agency. (3) One member appointed by the largest special district, by property tax share, with territory in the territorial jurisdiction of the former redevelopment agency, which is of the type of special district that is eligible to receive property tax revenues pursuant to Section 34188. (4) One member appointed by the county superintendent of education to represent schools if the superintendent is elected. If the county superintendent of education is appointed, then the appointment made pursuant to this paragraph shall be made by the county board of education. (5) One member appointed by the Chancellor of the California Community Colleges to represent community college districts in the county. (6) One member of the public appointed by the county board of superv.i.::;ors 0 (7) One member representing the employees of the former ,redevelopment agency appointed by the mayor or chair of the board of supervisors, as the case may be, from the recognized employee (F) Other revenue sources, including rents, concessions, asset sale pro' .eeds, interest earnings, and any other revenues derived from the fa redevelopment agency, as approved by the oversight board in acc( ce with this part. (2),cc:o(jnized Obligation Payment Schedule shall not be deemed valid )J s all of the following conditions have been met: (A) draft Recognized OJ;:lligation Payment Schedule is prepared by the suc ssoy agency for the enforceable obligations of the former redevel"pment agency by March 1, 2012. From February 1, 2012, to July 1, 2012 the initial draft of that schedule shall project the dates and amou lts of scheduled payments for each enforceable obligation for the remainder of the time period during which the redevelopment agency 'uId have been authorized to obligate property tax increment ha.d 51! .cedevelopment agency not been dissolved, and shall be certified, as to its accuracy, by an external auditor pursuant to Section 34182. he certified Recognized Obligation Payment Schedule is to and duly approved by the oversight board. copy of the approved Recognized Obligation Payment Schedule ted to the county auditor-controller and both the Controller' Ind the Department of Finance and be posted on the successor ternet Web site. Recognized Obligation Payment Schedule shall be forward the next six months. The first Recognized Obligation Schedule shall be submitted to the Controller's office and t.ment of Finance by April 15, 2012, for the period of May 1, ';'lne 30, 2012, inclusive. Former redevelopment agency c obligation payments due, and reasonable or necessary ve costs due or incurred, prior to January 1, 2012, shall from property tax revenues received in the spring of 2011 tax distribution, and from other revenues and balances to the sUCCessor agency. Section 34179 of the Health and Safety Code is amended to (8) 'i submitt (C) 1, is subm~; s office agency I c' (3) looking Payment the Dep ... 20J~), t er1.f"OTC:C:': a,dm.Ln:i http://ct2k2.capitoltrack.comlBillslasm/ab_1551-1600/ab_1585_ bill_ 20120202 _introduced.... 2/9/2012 ~ .I..,JUJ r'lr.l3Io':J'i.lJ.lJU.I] .&J.I....a - .....L't.l..I.'"'-JL-'\.J'-'..I....I.., '&'"0'-' V V.... ...., organization representing the largest number of former redevelopment agency employees employed by the successor agency at that time. In the case where city employees performed administrative duties of the former redevelopment agency, the appointment shall be made from the recognized employee organization representing those employees. In voting to approve a contract as an enforceable obligation, a member appointed pursuant to this paragraph shall not be deemed to be interested in the contract by virtue of being an employee of the successor agency or community for purposes of Section 1090 of the Government Code. (8) If the county or a joint powers agency formed the redevelopment agency, then the largest city by acreage in the territorial jurisdiction of the former redevelopment agency may select one member. If there are no cities with territory in a project area of the redevelopment agency, the county superintendent of education may appoint an additional member to represent the public. (9) If there are no special districts of the type that are eligible to receive property tax pursuant to Section 34188, within the territorial jurisdiction of the former redevelopment agency, then the county may appoint one member to represent the public. (10) Where a redevelopment agency was formed by an entity that is both a charter city and a county, the oversight board shall be composed of seven members selected as follows: three members appointed by the mayor of the city, where such appointment is subject to confirmation by the county board of supervisors, one member appointed by the largest special district, by property tax share, with territory in the territorial jurisdiction of the former redevelopment agency, which is the type of special district that is eligible to receive property tax revenues pursuant to Section 34188, one member appointed by the county superintendent of education to represent schools, one member appointed by the Chancellor of the California Community Colleges to represent community college districts, and one member representing employees of the former redevelopment agency appointed by the mayor of the city where such an appointment is subject to confirmation by the county board of supervisors, to represent the largest number of former redevelopment agency employees employed by the successor agency at that time. (b) The Governor may appoint individuals to fill any oversight board member position described in subdivision (a) that has not been filled by May 15, 2012, or any member position that remains vacant for more than 60 days. (c) The oversight board may direct the staff of the successor agency to perform work in furtherance of the oversight board's duties and responsibilities under this part. The successor agency shall pay for all of the costs of meetings of the oversight board and may include such costs in its administrative budget. Oversight board members shall serve without compensation or reimbursement for expenses. (d) Oversight board members shall have personal immunity from suit for their actions taken within the scope of their responsibilities as oversight board members. (e) A majority of the total membership of the oversight board shall constitute a quorum for the transaction of business. A majority vote of the total membership of the oversight board is required for the oversight board to take action. The oversight board shall be deemed to be a local entity for purposes of the Ralph M. Brown Act, the California Public Records Act, and the Political Reform Act of 1974. (f) All notices required by law for proposed oversight board actions shall also be posted on the successor agency's Internet Web http://ct2k2.capitoltrack.com/Bills/asm/ab _1551-1600/ab _1585 _bill _20120202_ introduced.... 2/9/2012 L"'-U L.10.J rl,;:''',",UJUJ] L:lUJ - 11,", J J~'-'J.JU'-'L:.LJ ra!60':JIUll-. site or the oversight board's Internet Web site. (g) Each member of an oversight board shall serve at the pleasure of the ent i y that appointed such member. (h) Department of Finance may review an oversight board action taker ant to LL" uvLuJJ::::;,':1 this part. As such, a oversight board actions shall not be effective for three business days, pending a request for review by the department. Each overs board shall designate an official to whom the department may TIlake such requests and who shall provide the department with the telephone number and e-mail contact information for the purpose of communicating with the department pursuant to this subdivision. In the even hat the department requests a review of a given oversight board action, it shall have 10 days from the date of its request to appro oversight board action or return it to the oversight boa consideration and such oversight board action shall not be e until approved by the department. In the event that the department returns the oversight board action to the oversight board for reeol ideration, the oversight board shall resubmit the modified action f department approval and the modified oversight board action shall not become effective until approved by the department. (i) Oversight boards shall have fiduciary responsibilities to holders of enforceable obligations and the taxing entities that benefit from distributions of property tax and other revenues pursuant to Section 34188. Further, the provisions of Division 4 (commencing with Section 1000) of the Government Code shall apply to oversight boards. Notwithstanding Section 1099 of the Government Code, or any other law, any individual may simultaneously be appointed to up to five oversight boards and may hold an office in a city, county, city and county, special district, school district, or community college district. (j) Commencing on and after July 1, 2016, in each county where more thor! oversight board was created by operation of the act adding this part, there shall be only one oversight board appointed as follows: (1) Om; member may be appointed by the county board of supervisors. (2) One member may be appointed by the city selection committee established pursuant to Section 50270 of the Government Code. In a city and county, the mayor may appoint one member. (3) One member may be appointed by the independent special district selection committee established pursuant to Section 56332 of the Government Code, for the types of special districts that are eligible to receive property tax revenues pursuant to Section 34188. (4) One member may be appointed by the county superintendent of education to represent schools if the superintendent is elected. If the county superintendent of education is appointed, then the appointment made pursuant to this paragraph shall be made by the county board of education. (5) One member may be appointed by the Chancellor of the California Community Colleges to represent community college districts in the county. (6) One member of the public may be appointed by the county board of supervisors. (7) One member may be appointed by the recognized employee organization representing the largest number of successor agency employec~:'.) in the county. (k) The Governor may appoint individuals to fill any oversight board member position described in subdivision (j) that has not been filled by July 15, 2016, or any member position that remains vacant http://ct2k2.capitoltrack.com/Bills/asmfab_1551-1600/ab_1585 _ bill_20120202 _introduced.... 2/912012 1"\.0 I JOJ l"\.~~CUIUIY DIU - 11'11 n.VUU\..-DU r<1!;C IV VI l"t for more than 60 days. (1) Commencing on and after July 1, 2016, in each county where only one oversight board was created by operation of the act adding this part, then there will be no change to the composition of that oversight board as a result of the operation of subdivision (b). (m) Any oversight board for a given successor agency shall cease to exist when all of the indebtedness of the dissolved redevelopment agency has been repaid. SEC. 5. Section 34180 of the Health and Safety Code is amended to read: 34180. All of the following successor agency actions shall first be approved by the oversight board: (a) The establishment of new repayment terms for outstanding loans where the terms have not been specified prior to the date of this part. (b) Refunding of outstanding bonds or other debt of the former redevelopment agency by successor agencies in order to provide for savings or to finance debt service spikes; provided, however, that no additional debt is created and debt service is not accelerated. (c) Entering into a financing arrangement, including, the issuance of bonds, to fund required payments under an enforceable obligation that exceed the amount of property tax revenue available to the agency during the payment period. This subdivision shall not be deemed to authorize a successor agency to create an additional enforceable obligation, as defined by this part, other than for necessary financing costs. (~) (d) Setting aside of amounts in reserves as required by indentures, trust indentures, or similar documents governing the issuance of outstanding redevelopment agency bonds. (J) (e) Merging of project areas. ( (, ) (f) Continuing the acceptance of federal or state grants, or other forms of financial assistance from either public or private sources, where assistance is conditioned upon the provision of matching funds, by the successor entity as successor to the former redevelopment agency, in an amount greater than 5 percent. (f) (g) (1) If a city, county, or city and county wishes to retain any properties or other assets for future redevelopment activities, funded from its own funds and under its own auspices, it must reach a compensation agreement with the other taxing entities to provide payments to them in proportion to their shares of the base property tax, as determined pursuant to Section 34188, for the value of the property retained. (2) If no other agreement is reached on valuation of the retained assets, the value will be the fair market value as of the 2011 property tax lien date as determined by the county assessor. h,,) (h) Establishment of the Recognized Obligation Payment Schedule. (L) (i) A request by the successor agency to enter into an agreement with the city, county, or city and county that formed the redevelopment agency that it is succeeding. (i) (j) A request by a successor agency or taxing entity to http://ct2k2.capitoltrack.com/Billslasm/ab_1551-1600/ab_1585 _ bill_20120202_introduced.... 2/9/2012 f\l:) !:)O:J /\,ssemolY DIU - 11"l1 KUUUL-J:.U rage II OJ ILt pledge, or to enter into an agreement for the pledge of, property tax revenues pursuant to subdivision (b) of Section 34178. (k) The establishment of a loan between a city, county, or city and county and a redevelopment agency as an enforceable obligation pursuant to subparagraph (C) of paragraph (2) of subdivision (d) of Section 34171, provided that the oversight board makes a finding that the loan was for legitimate redevelopment purposes, had economic substance" and was based on reasonable repayment terms. (1) The approval of temporary increases in the administrative cost allowance to carry out the requirements of an enforceable obligation, to cover litigation costs, or to maintain and preserve the value of assets while in the possession of the successor agency. SEC. 6. Section 34181 of the Health and Safety Code is amended to read: 34181. The oversight board shall direct the successor agency to do all of the following: (a) Compile a complete inventory of existing real property assets of the former redevelopment agency, by project area. The inventory shall include general categories of real property assets, the purpose for which they were originally acquired, the original purchase price of each asset and the estimated current market value. Prior to the disposal of any nonfinancial real property asset, the oversight board shall receive and review the inventory compiled by the successor agency, and adopt a policy or strategy for the disposal or transfer of such assets consistent with the requirements of subdivision (b). (6) (b) Dispose of all assets and properties of the former redevelopment agency that were funded by tax increment revenues of the dissolved redevelopment agency; provided, however, that the oversight board may instead direct the successor agency to transfer ownership of those assets that were constructed and used for a governmental purpose, such as roads, school buildings, parks, and fire stations, or are integral to the operation of a governmental purpose asset, such as a parking facility, to the appropriate public jurisdiction pursuant to any existing agreements relating to the construction or use of such an asset. Any compensation to be provided to the successor agency for the transfer of the asset shall be governed by ~ agreements , if any, relating to the construction or use of that asset. Disposal shall be done ~-~~LJ~ L~c;G.>Jl'y' ~uJ ~-~~., L.. J.llU..l~.lL(.,.L 6~~ll'......j:u.L-.lll~'.n.~.Lll:'~~-.LJ.':1 \/"Ct16("" in an exp~ditious but orderly manner that preserves the value of the asset (b) (c) Cease performance in connection with and terminate all existing agreements that do not qualify as enforceable obligations. ('-0) (d) Transfer housing responsibilities and all rights, powers, duties, and 6bl.L<;'~ L':'~u,-, 61o;,'j. ,'-~ LL obligations, including any amounts on deposit in the Low and Moderate Income Housing Fund to the appropriate entity pursuant to Section 34176. (-1) (e) Terminate any agreement, between the dissolved redevelopment agency and any public entity located in the same county, obligating the redevelopment agency to provide funding for any debt service obligations of the public entity or for the http://ct2k2.capitoltrack.com/Bills/asm/ab _1551-1600/ab _1585 _ bill~ 20 120202_introduced.... 2/9/2012 AJj DlD AssemOlY tll1l - 11'11 KUUUL.CU rage 1-' or 1~ construction, or operation of facilities owned or operated by such public entity, in any instance where the oversight board has found that early termination would be in the best interests of the taxing entities. (--) (f) Determine whether any contracts, agreements, or other arrangements between the dissolved redevelopment agency and any private parties should be terminated or renegotiated to reduce liabilities and increase net revenues to the taxing entities, and present proposed termination or amendment agreements to the oversight board for its approval. The board may approve any amendments to or early termination of such agreements where it finds that amendments or early termination would be in the best interests of the taxing entities. SEC. 7. Section 34183 of the Health and Safety Code is amended to read: 34183. (a) Notwithstanding any other law, from February 1, 2012, to July 1, 2012, and for each fiscal year there~fter, the county auditor-controller shall, after deducting administrative costs allowed under Section 34182 and Section 95.3 of the Revenue and Taxation Code, allocate moneys in each Redevelopment Property Tax Trust Fund as follows: (1) Subject to any prior deductions required by subdivision (b), first, the county auditor-controller shall remit from the Redevelopment Property Tax Trust Fund to each local agency and school entity an amount of property tax revenues in an amount equal to that which would have been received under Section 33401, 33492.140, 33607, 33607.5, 33607.7, or 33676, as those sections read on January 1, 2011, or pursuant to any passthrough agreement between a redevelopment agency and a taxing jurisdiction that was entered into prior to January 1, 1994, that would be in force during that fiscal year, had the redevelopment agency existed at that time. The amount of the payments made pursuant to this paragraph shall be calculated solely on the basis of passthrough payment obligations, existing prior to the effective date of this part and continuing as obligations of successor entities, shall occur no later than May 16, 2012, and no later than June 1, 2012, and each January 16 and June 1 thereafter. Notwithstanding subdivision (e) of Section 33670, that portion of the taxes in excess of the amount identified in subdivision (a) of Section 33670, which are attributable to a tax rate levied by a taxing agency for the purpose of producing revenues in an amount sufficient to make annual repayments of the principal of, and the interest on, any bonded indebtedness for the acquisition or improvement of real property shall be allocated to, and when collected shall be paid into, the fund of that taxing agency. (2) (A) Second, on May 16, 2012, and June 1, 2012, and each January 16 and June 1 thereafter, to each successor agency for payments listed in its Recognized Obligation Payment Schedule for the fiscal period beginning May 1, 2012, or the six-month fiscal period beginning July 1, 2012, and each January 16 and June 1 thereafter, in the following order of priority: . "'(L-n.l) (i) Debt service payments scheduled to be made for tax allocation bonds. (13 ) (ii) Payments scheduled to be made on revenue bonds, but only to the extent the revenues pledged for them are insufficient to make the payments and only where the agency's tax increment revenues were also pledged for the repayment of the bonds. (8) http://ct2k2.capitoltrack.comIBillslasmlab_1551-1600/ab_1585_ bill_ 20120202_ introduced.... 2/9/2012 AtS DlS;) ASSemOlY tllll - IN I KUUUCr..U rage u or Iq (iii) Payments scheduled for other debts and obligations listed in the Recognized Obligation Payment Schedule that are required to be paid from former tax increment revenue. (B) For purposes of allocations made pursuant to this paragraph, the auditor-controller shall reserve additional funds in the Redevelopment Property Tax Trust Fund at the time of the January 16 allocation, if necessary, to cover payments made in the second half of the calendar year that are in excess of the amounts anticipated to be deposited in the Redevelopment Property Tax Trust Fund from the allocation that is received in Mayor June. (3) Third, on May 16, 2012, and June 1, 2012, and each January 16 and June 1 thereafter, to each successor agency for the administrative cost allowance, as defined in Section 34171, for administrative costs set forth in an approved administrative budget for those payments required to be paid from former tax increment revenues. (4) Fourth, on May 16, 2012, and June 1, 2012, and each January 16 and June 1 thereafter, any moneys remaining in the Redevelopment Property Tax Trust Fund after the payments and transfers authorized by paragraphs (1) to (3), inclusive, shall be distributed to local agencies and school entities in accordance with Section 34188. (b) If the successor agency reports, no later than April 1, 2012, and May 1, 2012, and each December 1 and May 1 thereafter, to the county auditor-controller that the total amount available to the successor agency from the Redevelopment Property Tax Trust Fund allocation to that successor agency's Redevelopment Obligation Retirement Fund, from other funds transferred from each redevelopment agency, and from funds that have or will become available through asset sales and all redevelopment operations, are insufficient to fund the payments required by paragraphs {Ii to (3), inclusive, of subdivision (a) in the next six-month fiscal period, the county auditor-controller shall notify the Controller and the Department of Finance no later than 10 days from the date of that notification. The county auditor-controller shall verify whether the successor agency will have sufficient funds from which to service debts according to the Recognized Obligation Payment Schedule and shall report the findings to the Controller. If the Controller concurs that there are insufficient funds to pay required debt service, the amount of the deficiency shall be deducted first from the amount remaining to be distributed to taxing entities pursuant to paragraph (4), and if that amount is exhausted, from amounts available for distribution for administrative costs in paragraph (3). If an agency, pursuant to the provisions of Section 33492.15, 33492.72, 33607.5, 33671.5, 33681.15, or 33688, made passthrough payment obligations subordinate to debt service payments required for enforceable obligations, funds for servicing bond debt may be deducted from the amounts for passthrough payments under paragraph (1), as provided in those sections, but only to the extent that the amounts remaining to be distributed to taxing entities pursuant to paragraph (4) and the amounts available for distribution for administrative costs in paragraph (3) have all been exhausted. (c) The county treasurer may loan any funds from the county treasury that are necessary to ensure prompt payments of redevelopment agency debts. (d) The Controller may recover the costs of audit and oversight required under this part from the Redevelopment Property Tax Trust Fund by presenting an invoice therefor to the county auditor-controller who shall set aside sufficient funds for and disburse the claimed amounts prior to making the next distributions to the taxing jurisdictions pursuant to Section 34188. Subject to the http://ct2k2.capitoltrack.com/Bills/asmlab _1551-16oo/ab _1585_ bill_ 20120202 _introduced.... 2/9/2012 AH I:)M:) Assembly till! -INIKUUUChU approval of the Director of Finance, the budget of the Controller may be augmented to reflect the reimbursement, pursuant to Section 28.00 of the Budget Act. SEC. 8. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article .IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to effectuate the orderly implementation of responsibilities associated with dissolved redevelopment agencies, it is necessary that this act take immediate effect. rage lq or lq http://ct2k2.capitoltrack.comIBills/asrn!ab_1S51..1600/ab_1585 _bill_ 20120202 _introduced.... 2/912012 COURTESY AGENDA 2/14/12 /Kate Sanderson 1455 Garrett Ct. Rohnert Park, CA 94928 y"'wSandy Lipitz (via HR Depr jor mailing USPS) Holly Melton 4680 Fairway Drive Rohnert Park, CA 94928 VJi~1 Gattis SCAYD (via e-mail to: jimg@scayd.org Willis, Carrie Subject: Attachments: Willis, Carrie Thursday, February 09,20124:13 PM Willis, Carrie; Adams, Carol; 'Connie Bolmeier'; Geffre, Jan; Poon, Patty; Abravaya, Gene; Adam, Dan; Adams, Carol; Azevedo, Susan; Babonis, Linda; Barber, Nicholas; Barnes, Patrick; Beardsley, Ellen; Bracewell, Michael; Cerini, Dawn; Chung, Johnny; Cordero, Julie; Delgy, Dianna; Espino, Sonia; Galaudet, Barbara; Gonzalez, Gabe; Griffin, Terri; Jenkins, Darrin; Kwong, Ana; Lidster, Beth; Lipitz, Sandy; Litzie, Sandy; Marty, John; Masterson, Brian; Mazzanti, Terri; McArthur, John; Mcintyre, James; Miller, Guy; Morrow, Sharon; O'Donnell, Sean; Orme, Cathy; Pedroncelli, Rick; Peterson, Shannon; Piotrkowski, Teresa; Ponton, Marilyn; Poon, Patty; Reid, Del; Rowley, David; Schieberl, Jessica; Seidenspinner, Nelle; Selivanoff, Sophia; Smith, Angie; Smith, Theresa; Tacata, Eydie; Taylor, Jeff; Utecht, Dale; Zito, Rebecca Rohnert Park City Council Agenda for 2/14/2012 and Minutes for 1/24/2012 012412 MINUTES- Jt Regular Mtg of RPCity Council-CDC-RPFApdf; 021412 AGENDA-Jt Regular Mtg of RPCity Council-CDC-RPFA_FINALpdf From: Sent: To: Attached for your information are the following documents: . 2-14-12 City CouncillCDC/RPFA Joint Regular Meeting Agenda . 1-24-12 City Council/CDC/RPFA Joint Regular Meeting Minutes (Draft) For posting to: . Carrie Willis, City Hall & Website . Connie Bolmeier, Library . Jan Geffre, Community Center . Patty Poon, Public Safety Carrie Willis Administrative Assistant Tues 9-5p,m,. Wed 9-2p,m, . Thurs 9-5p,m, City of Rohnert Park Clerk's Office. 130 Avram Ave Rohnert Park, CA 94928 . (707) 588-2216 1 Willis, Carrie From: Sent: To: Cc: Subject: Attachments: Willis, Carrie Thursday, February 09, 20124'13 PM 'jimg@scayd,org' Adams, Carol City of Rohnert Park - Courtesy Agenda 021412 AGENDA-Jt Regular Mtg of RPCity Council-CDC-RPFA_FINAL,pdf Attached please find your courtesy agenda for the upcoming February 14, 2012 City Council meeting, Carrie Willis Administrative Assistant Tues 9-5p,m,. Wed 9-2p,m,. Thurs 9-5p,m, City of Rohnert Park Clerk's Office. 130 Avram Ave Rohnert Park, CA 94928 . (707) 588-2216 ~ 1 Mission Statement "We Care/or Our Residents by Working Together to Build a Better Communitv for Todav and Tomorrow." 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 ROHNERT PARK FINANCING AUTHORITY JOINT REGULAR MEETING AGENDA Tuesday, February 14,2012 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 second and fourth Tuesdays of each month at 5:00 p.m. in the Council Chamber. City Council/RPF A agendas and minutes may be viewed at the City's website: www.rpcity.org. PUBLIC HEARINGS: CouncillRPFA may discuss and/or take action on any or all of the items listed on this agenda. If you challenge decisions of the City Council, or the RohnertPark Financing Authority of the City of Rohnert Park in court, you may be limited to raising only those issues you or someone else raised at public hearing( s) described in this agenda, or in written correspondence delivered to the City of Rohnert Park at, or prior to the public hearing(s). SIMULTANEOUS MEETING COMPENSA DON DISCLOSURE (Government Code S 54952.3): Members of the City Council receive no additional compensation as a result of convening this joint meeting of the City Council and the Rohnert Park Financing Authority. PUBLIC COMMENTS: For public comment on items listed or not listed on the agenda, or on agenda items if unable to speak at the scheduled time (limited to three minutes per appearance and a 30 minute total time limit, or allocation of time based on number of speaker cards submitted) - PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING - *SEE NOTE AT THE END OF THIS AGENDA 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 on the Friday before each regularly scheduled City Council meeting at City Hall, located at 130 A vram A venue. Any writings or documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will also be made available for inspection at City Hall during regular business hours. City of Rohnert Park Joint Regular Me~tingAgenda for City Council/Rohnert Park Financing Authority February 14,2012 Page 2 of 4 ANNOUNCEMENT: Please turn off all pagers, cellular telephones and all other communication devices upon entering the Council Chamber. Use of these devices cause~ electrical interference with the sound recording and TV broadcast systems. 5:00 p.m. (*Time shown for any particular matter on the agenda is an estimate only. Matters may be considered earlier or later than the time indicated.) 1. CITY COUNCIL / RPFA JOINT REGULAR MEETING - Call to Order/Roll Call (Ahanotu _ Belforte _ Callinan Stafford _ Mackenzie_) 2. PLEDGE OF ALLEGIANCE Led by Mayor Mackenzie 3. DEDICATING A MOMENT OF SILENCE Mayor's dedication ofamoment of silence in memory. of Jim Gerrans.(February 19, 1937- De.cember 10, 2011); former volunteer of the Rohnert Park Department of Public Safety. 4. PRESENTATIONS A. Mayor's Proclamation Honoring Sandy Lipitz, Director of Administrative: Services, on the Occasion of Her Retirement 5. PUBLIC COMMENTS Persons wishing to address the Council on any Consent Calendar item or on City b'Usiness 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" totheCity Clerk before announc~ment.ofthat.agendaitem. 6. CONSENT CALENDAR All items on the consent calendar will be considered together by one action of the City Council and/or the RohnertPark 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. Apprqval of Minutes for: 1... CityCouncil/CDG/RPF A Joint Re:gularMeeting -Jan'Uary 24,2012 B. Acceptance .of Reports for: 1. City Bills/Demands for Payment dated February 14,2012 2. CDC Bills/Demands for Payment dated February 14,2012 3. City Cash/Investments Report for Month Ending December 2011 City of Rohnert Park Joint Regular Meeting Agenda for City Council/Rohnert Park Financing Authority February 14,2012 Page 3 of 4 7. PURCHASING PROGRAM Consideration of introduction of an Ordinance Repealing and Replacing Chapter 3.04 (Purchasing Program), of Title 3 (Revenue and Finance), of the Rohneli Park Municipal Code. A. Staff Report B. Public Comments C. Ordinance for Introduction: Waive Full Reading and Introduce Ordinance by Reading Title: 1. No. 843 Repealing and Replacing Chapter 3.04 (Purchasing Program), of Title 3 (Revenue and Finance), of the Rohneli Park Municipal Code a. Council motion/discussion/roll call vote 8. ZONING CODE AMENDMENTS Consideration ofIntroduction of an Ordinance Amending Chapter 17 (Zoning) of the Rohnert Park Municipal Code. A. Staff Report B. PUBLIC HEARING C. Ordinance for Introduction: Waive Full Reading and Introduce Ordinance by Reading Title: 1. No. 844 Amending Title 17 (Zoning) of the Rohnert Park Municipal Code to Implement Housing Programs Required in the City of Rohnert Park General Plan Housing Element a. Council motion/discussion/roll call vote 9. SISTER CITIES RELATIONS. COMMITTEE APPOINTMENTS Council consideration of nominations and appointments to the Sister Cities Relations Committee for two, 2-yearterms expiring December 31,2013 (atlarge nominations). a.Council nominations/discussion/action 10. STANDING COMMITTEE / LIAISON REPORTS This time is set aside to allow Council members serving on Council committees or on regional boards, commissions or committees to present a verbal report on the activities of the respective boards, commissions or committees on which they serve. No action may be taken. A. Standing Committee Reports 1. Economic Development Committee meeting - 2/7 (BelfOlie/Callinan) B. Liaison Reports 1. Sonoma County Transportation Authority Meeting - 2/6 (Mackenzie) 2. Water Advisory Committee- 2/6 (Mackenzie) 3. Russian River Watershed Association 2/7 (Mackenzie/Stafford) C. Other Reports 1. REMIFAnnual Board Meeting - 1/26-27 (Callinan) 2. Sonoma County/City Solid Waste Advisory Group 1/26 and 2/9 (Stafford) 3. Metropolitan Transportation Coml11ission Meeting - 2/8 (Mackenzie) 4. City Selection Committee Meeting - 2/9 (Mackenzie) 11. 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. City of Rohnert Park Joint Regular Meeting Agenda for City Council/Rohnert Park Financing Authority February 14,2012 Page 4 of 4 12. MATTERS FROM/FOR COUNCIL 13. PUBLIC COMMENTS 14. CLOSED SESSION A. RECESS TO CLOSED SESSION IN CONFERENCE ROOM 2A TO CONSIDER: 1. CONFERENCE WITH LABOR NEGOTIATORS (Government Code 954957.6) Agency designated representatives: Gabe Gonzalez, City Manager; Employee organizations: a. Service Employees' International Union (SEIU) b. Rohnert Park Employees' Association (RPEA) c. Management Unit and Confidential Unit Outlines 2. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (One case). 15. ADJOURNMENT **NOTE: Time shown for any particular matter on the.agendais 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 podium and state your name and address for the record.. Any issue raised by a member of the public not listed on the agenda that may require Council action, shall be referred to. staff for assessment which may result in the item being placed on a future agenda. If the item is. deem.ed to be an emergency, or if the need to take action <lrose after posting of the agenda within the. meaning of Government Code Section 54954.2(b), Council is entitled to discuss the matter to. determine if it is an emergency item under said Government Code and may take action thereon. DISABLED ACCOMMODATION: If you have a disability which requires an interpreter or other person to assist you while attending this City Council meeting, please contact the City Clerk's Office at (707) 588-2227 at least 72 hours prior to the meeting to ensure arrangements for accommodation by the City. Please notify the City Clerk's Office as soon as possible if you have a visual impairment requiring meeting materials to be produced in another format (Braille, audio-tape, etc.) CERTIFICATION OF POSTING OF AGENDA I, Carol Adams, Interim City Clerk for the City of Rohnert Park, declare that the foregoing agenda for the February 14, 2012, Joint Regular Meeting of the Rohnert Park City Council/RPF A was posted and available for review on February 9, 2012, at Rohnert Park City Hall, 130 Avram A venue, Rohnert Park, California 94928. The agenda is also available on the City web site at www.rpcity.of!!, Executed this 9th day of February, 2012, at Rohnert Park, California. Carol Adams, Interim City Clerk 021412 AGENDA-JT REGULAR MTG OF CITY COUNCILlRPFA COURTESY AGENDA 2/14/12 L \I Kate Sanderson 1455 Garrett Ct. Rohnert Park, CA 94928 Sandy Lipitz (via HR Dept. for mailing USPS) Vi-lolly Melton 4680 Fairway Drive Rohnert Park, CA 94928 lJf"'jim Gattis SCAYD (via e-mail to: jimg@scayd.org DRAFT MEETING 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, January 24, 2012 Rohnert Park City Hall, Council Chamber 130 Avram Avenue, Rohnert Park, California 1. CALL TO ORDER/ROLL CALL Mayor Mackenzie called the City CouncillCDC/RPFAjoint regular meeting to order at 5:00 p.m. Present: Jake Mackenzie, Mayor Pam Stafford, Vice Mayor Amy Ahanotu, Council Member Gina Belforte, Council Member Joseph T. Callinan, Council Member Staff present: City Manager Gabriel Gonzalez; City Attorney Michelle Marchetta Kenyon; Interim City Clerk Carol Adams; Director of Public Safety Brian Masterson; Director of Development Services Darrin Jenkins; Director of Public Works & Community Services John McArthur; Economic Development Manager Linda Babonis; Deputy City Engineer Patrick Barnes; Interim Finance Director Cathy Orme; Sergeant James Brady; Sergeant Dale Utecht; and Purchasing Agent Angie Smith. 2. PLEDGE OF ALLEGIANCE Jaenna Mefferd, student at Evergreen Elementary School, led the pledge of allegiance. 3. SSU STUDENT REPORT Amanda Burke, Sonoma State University Associated Students, Inc. (SSU ASI) Legislative Representative, reported on various University activities. 4. PRESENTATIONS Mayor Mackenzie presented a proclamation to Betty Tringali, Recreation Coordinator, honoring her on the occasion of her retirement. 5. CITY MANAGER / CITY ATTORNEY / DEPARTMENT HEAD BRIEFINGS A. Department of Public Safety 1. Sergeant James Brady reported on the Identity Theft Council Working Agreement. 2. Director of Public Safety Brian Masterson reported on the Citizens' Academy. 3. Sergeant Dale Utecht reported on the CrimeTips program. 6. PUBLIC COMMENTS None 7. CONSENT CALENDAR City Manager Gonzalez pulled Item No. 7.D.2 (Resolution No. 2012-12) and Council Member Belforte pulled Item No. 7.C.3 (CDC Resolution No. 2012-03). A. Approval of Minutes for: 1. City Council/CDC/RPF A Joint Regular Meeting - December 13, 2011 2. City Council/CDC/RPFA Joint Regular Meeting- January 10,2012 B. Acceptance of Reports for: 1. City Bills/Demands for Payment dated January 24,2012 2. CDC Bills/Demands for Payment dated January 24,2012 3. CDC Cash/Investments Report for Month Ending December 2011 4. RPFA CashlInvestments Report for Month Ending December 2011 C. CDC Resolutions for Adoption: 1. 2012-01 A Resolution of the Community Development Commission of the City of Robnert Park Authorizing Certain Positions with the Power to Invest Funds on Behalf of the Commission and to Open Accounts with Financial Institutions 2. 2012-02 A Resolution of the Community Development Commission Authorizing Certain Positions with the Power to Invest Funds in the Local Agency Investment Fund D. City Council Resolutions for Adoption: 1. 2012-11 Receiving, Acknowledging and Accepting the Annual State Controllers Report, Independent Auditors Report and Financial Statement (Audit Report) and the California Housing and Community Development Report (HCD Report) from the Community Development Commission of the City of Robnert Park (CD C) for Fiscal Year Ending June 30, 2011 3. 2012-13 Amending the Memorandum of Agreement for the Robnert Park Public Safety Officers' Association (RPPSOA) , 4. 2012-14 Amending the Five-Year Capital Improvement Program Budget (CIP) and Fiscal Year 2011-12 CIP Budget to Add 2012 Sidewalk Ramps ADA Upgrade Project 5. 2012-15 A Resolution ofthe City of Rohnert Park Authorizing Certain Positions with the Power to Invest Funds on Behalf of the City and to Open Accounts with Financial Institutions 6. 2012-16 A Resolution of the City of Robnert Park Authorizing Certain Positions with the Power to Invest Funds in the Local Agency Investment Fund E. Acceptance of 2nd Quarter Report on FY 201112012 City Council Travel Expenditures ACTION: Moved/seconded (Callinan/Stafford) and carried unanimously to approve the Consent Calendar with the exception of Item Nos. 7.C.3 (CDC Resolution No. 2012-03) and 7.D.2 (Resolution No. 2012-12). 7. Consent Calendar items pulled for discussion/action: C. CDC Resolution for Adoption: 3. 2012-03 Acknowledging and Accepting the Completion and Submission of the Annual State Controllers Report, Independent Auditors Report and Financial Statement (Audit Report) and the Califomia Housing and Community Development Report (HCD Report) filed on behalf of the Community Development Commission of the City of Rohnert Park (CD C) for Fiscal Year Ending June 30, 2011 ACTION: Following Council discussion, it was moved/seconded (Belforte/Callinan) and carried unanimously to adopt CDC Resolution No.2012-03. D. City Council Resolution for Adoption: 2. 2012-12 Authorize and Approve Third Amendment to the Design Professional Agreement with Clearwater Hydrology ACTION: City Manager Gonzalez pulled Item No. 7.D.2 to revise the scope of work and Resolution No. 2012-12 was not adopted. 8. INTERCEPTOR OUTFALL SIPHON LINING PROJECT Consideration of rejection of non-responsive bid by Superior Gunite and award of contract to lowest responsive bidder, Insituform Technologies, Inc. A. Staff Report provided by Deputy City Engineer Patrick Barnes. B. Public Comments: None C. Resolution for Adoption: 1. 2012-17 Approving the Rejection of Non-Responsive Bid by Superior Gunnite and Awarding Contract to Lowest Responsive Bidder, Insituform Technologies, Inc. ACTION: Moved/seconded (Belforte/Callinan) and carried unanimously to adopt Resolution No. 2012-17. 9. PURCHASING POLICY Initial review and consideration of a City Council Policy establishing rules and regulations for the City's purchasing program. A. Staff Report provided by Purchasing Agent Angie Smith. B. Public Comments: None DIRECTION: Following discussion, Council directed staff to finalize the Purchasing Policy and it bring back for consideration of approval at a future Council meeting. 10. COMMUNITY DEVELOMENT COMMISSION ENFORCEABLE OBLIGATION PAYMENT SCHEDULE Community Development Commission consideration of adopting second revision to Enforceable Obligation Payment Schedule pursuant to Section 34169(g) of the California Health and Safety Code. A. Staff Report provided by City Manager Gonzalez and Economic Development Manager Babonis. B. Public Comments: None C. CDC Resolution for Adoption: 1. 2012-04 Adopting a Second Amended Enforceable Obligation Payment Schedule Pursl1ant to Section 34169(g) of the California Health and Safety Code ACTION: Moved/seconded (Callinan/Belforte) and carried unanimously to adopt CDC Resolution No. 2012-04. 11. PARKS & RECREATION COMMISSION APPOINTMENT Consideration of nomination and appointment to the Parks & Recreation Commission for one 2-year term expiring December 31, 2012 (Stafford nomination). ACTION: Following nomination by Council Member Stafford, Council unanimously approved the appointment of Linda Tracy to the Parks and Recreation Commission for the remainder of a two-year term to expire December 31,2012. 12. CITY COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS FOR YEAR 2012 1. Mayor's appointments to City Council Committee and Liaison Assignments for 2012 ACTION: Mayor Mackenzie distributed a list of the City Council Committee and Liaison assignments for the year 2012. By consensus, Council approved a new Standing Committee entitled Education (SSU & CRPUSD); and directed the City Manager to develop a schedule and list of activities for Standing Committees. 13. MAYORS' & COUNCILMEMBERS' ASSOCIATION MATTERS Mayor Mackenzie reported on letters of interest submitted for consideration of appointment on February 9, 2012 by the City Selection Committee to the Remote Access Network (RAN) Board and the Bay Conservation and Development Commission (BCDC). 14. STANDING COMMITTEE / AD HOC COMMITTEE / LIAISON REPORTS A. Standing Committee Reports: None B. Liaison Reports 1. Council Member Ahanotu reported on the Library Advisory Board meeting of 1/17/12. 2. Vice Mayor Stafford reported on the Senior Citizens Advisory Commission meeting of 1/19/12. C. Other Reports: None 15. COMMUNICATIONS None 16. MATTERS FR01\-I/FOR COUNCIL 1. Mayor Mackenzie reported on the redistricting of Rohnert Park which will follow the November election. 2. Council Member Belforte reported on: a) temporary emergency shelter needs for the homeless; b) Sonoma County Transportation Authority schedules changes and overhead shelter options; and c) clarified operational details of Sonoma-Marin Area Rail Transit's system computer-aided routing system. 17. PUBLIC COMMENTS None 18. CLOSED SESSION A. Mayor Mackenzie recessed the joint regular meeting to closed session at 7:07 p.m. in Conference Room 2A to consider: 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code S54956.8) Property: Foxtail Golf Course, 100 Golf Course Drive (APN Nos. 143-280-021, 143- 280-045 143-280-061, 143-280-075, 143-280-078, 143-360-046, 143-360-047, 143- 360-048, 143-360-049, 160-010-003, 160-010-021, a portion of 160-010-026, 160- 040-054, 160-040-055, 160-040-056, 160-050-049, 160-050-050, 160-050-051, 160- 050-052, and 160-070-005.) City Negotiat?r: Gabriel Gonzalez, City Manager Negotiating parties: City ofRohnert Park and Tom Isaak, President, CourseCo, Inc. Under Negotiation: Price and Terms 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Government Code S54956.9: One case B. RECONVENE JOINT REGULAR MEETING OPEN SESSION IN COUNCIL CHAMBER Mayor Mackenzie reconvened the joint regular meeting open session at 9:04 p.m. with Council Members Ahanotu and Callinan absent. c. MAYOR'S REPORT ON CLOSED SESSION (Government Code S 54957.1) Mayor Mackenzie reported that the Council met in closed session regarding items listed on the agenda and that there was nothing to report on the closed session matters. 19. ADJOURNMENT Mayor Mackenzie adjourned the joint regular meeting at 9:05 p.m. Carol Adams, Interim City Clerk City of Rohnert Park Jake Mackenzie, Mayor City of Rohnert Park CITY OF ROHNERT PARK BILLS FOR ACCEPTANCE February 14, 2012 Check Numbers: 203857 - 204306 Dated: Jan, 23, 2012 - Feb. 8, 2012 TOTAL $1,898,919.54 $1,898,919.54 Accounts Payable Checks for Approval User: ccolburn Printed: 02/08/2012 - 10:13 AM Check Number Check Date Fund Name Account Name Vendor Name Amount 203857 01/23/2012 General Fund Aflac Payable AFLAC 401.88 203857 01/23/2012 General Fund Aflac Payable AFLAC 447.94 Check Total: 849.82 203858 01/23/2012 General Fund Blue Cross W/H Payable ANTHEM BLUE CROSS 24,634.97 203858 01/23/2012 General Fund Emplyee Benfits /Health Ins /Bl ANTHEM BLUE CROSS 42,311.68 Check Total: 66,946.65 203859 01/23/2012 General Fund Emplyee Benfits /Medical Insur HARTFORD LIFE INS 20,511.73 Check Total: 20,511.73 203860 01/23/2012 General Fund Kaiser W/H Payable HSA Bank 125.00 Check Total: 125.00 203861 01/23/2012 General Fund Prepaid Legal Services Legal Shield 41.85 Check Total: 41.85 203862 01/23/2012 General Fund Court Order Payable Cynthia Morre 700.00 Check Total: 700.00 203863 01/23/20.12 General Fund De Comp Payable -Gw NATIONAL DEFERRED COMPENSATIO 2,138.84 203863 01/23/2012 General Fund Def Comp Payable -Gw NATIONAL DEFERRED COMPENSATIO 1,400.00 AP - Checks for Approval ( 02/08/2012 - 10:13 AM) Page 1 Check Number Check Date Fund Name Account Name Vendor Name Amount AP - Checks for Approval ( 02/08/2012 - 10:13 AM ) Page 2 Check Total: 3,538.84 203864 01/23/2012 General Fund Def Comp Payable -Gw NATIONAL DEFERRED COMPENSATIO 1,190.26 Check Total: 1,190.26 203865 01/23/2012 General Fund Scope Dues Payable SEIU Local 1021 1,022.8.1 Check Total: 1,022.81 203866 01/23/2012 General Fund Court Order Payable Sonoma County Sheriffs Office 444.56 Check Total: 444.56 203867 01/23/2012 General Fund Court Order Payable United States Treasury 325.00 Check Total: 325.00 203868 01/23/2012 General Fund United Way Payable UNITED WAY 80.00 Check Total: 80.00 203869 01/23/2012 General Fund Eye Care /VSP/Payables Vision Service Plan - (CA) 423.16 Check Total: 423.16 203870 01/23/2012 General Fund Emplyee Benfits /Eye Care Vision Service Plan - (CA) 2.98 Check Total: 2.98 203871 01/23/2012 General Fund Emplyee Benfits /Eye Care Vision Service Plan - (CA) 354.62 Check Total: 354.62 203872 01/25/2012 General Fund Development Svcs /Contractual S North Fork Associates 3,063.61 Check Total: 3,063.61 203873 01/25/2012 Utility Fund Sewer Entr. /Spec. Departm Alhambra & Sierra Springs 65.21 AP - Checks for Approval ( 02/08/2012 - 10:13 AM ) Page 2 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 65.21 203874 01/25/2012 Utility Fund Sewer Entr. /Postage County of Sonoma 3,408.12 Check Total: 3,4.08.12 203875 01/25/2012 Utility Fund Sewer Entr. /C/0-Vehicles/ Downtown Ford Sales 37,298.93 Check Total: 37,298.93 203876 01/25/2012 Utility Fund Sewer Entr. /Spec. Departm Grainger, Inc. 90.54 Check Total: 90.54 203877 01/25/2012 Utility Fund Sewer Ent/Collect SystemRepair Home Depot Credit Services 56.11 Check Total: 56.11 203878 01/25/2012 Utility Fund Sewer Entr. /Spec. Departm Martin Ranch Supply 327.05 Check Total: 327.05 203879 01/25/2012 Utility Fund Sewer Entr. Nehicle Repair Municipal Maintenance Equipmen 857.71 Check Total: 857.71 203880 01/25/2012 Utility Fund Sewer Entr. /Spec. Departm Praxair Distribution Inc. - 19 79.95 Check Total: 79.95 203881 01/25/2012 Utility Fund Vehicle Gas & Oil Redwood Coast Petroleum 752.86 Check Total: 752.86 203882 01/25/2012 Utility Fund Sewer Entr. /Spec Dept Equ Reliable Hardware & Steel Co. 101.99 Check Total: 101.99 203883 01/25/2012 Utility Fund Sewer Entr. /Laguna Plant/ City of Santa Rosa 678,316.83 AP - Checks for Approval ( 02/08/2012 - 10:13 AM ) P— Z Check Number Check Date Fund Name Account Name Vendor Name Utility Fund Amount 01/25/2012 Utility Fund 203891 01/25/2012 Utility Fund 203891. 01/25/2012 Utility Fund 203891 01/25/2012 Utility Fund Check Total: 678,316.83 203884 01/25/2012 Utility Fund Water Conservation Measures Richard Stevenson 37.50 Check Total: 37.50 203885 01/25/2012 Utility Fund Sewer Entr. /Clothing Allow Sunset Linen Service 22.70 Check Total: 22.70 203886 01/25/2012 Utility Fund Water Entr. /Spec Dept Equ Bartley Pump, Inc 3,271.23 Check Total: 3,271.23 203887 01/25/2012 Utility Fund Water Ent/Distrib SystemRepair. Bodean Company 284.49 Check Total: 284.49 203888 01/25/2012 Utility Fund Water Entr. /Contractual S Caltest Analytical Laboratory 882.00 203889 01/25/2012 Utility Fund 203890 01/25/2012 Utility Fund 203891 01/25/2012 Utility Fund 203891 01/25/2012 Utility Fund 203891 01/25/2012 Utility Fund 203891 01/25/2012 Utility Fund 203891. 01/25/2012 Utility Fund 203891 01/25/2012 Utility Fund Water Entr. /Spec. Departm Water Entr, /Spec Dept Equ Complete Welders Supply Friedman's Water Ent/Distrib SystemRepair Grainger, Inc. Water Entr. /Spec Dept Equ Grainger, Inc. Water Entr. /Spec. Departm Grainger, Inc. Water Entr. /Spec. Departm Grainger, Inc. Water Entr. /Spec. Departm Grainger, Inc. Water Entr. /Spec. Departm Grainger, Inc. Check Total: Check Total: Check Total: 882.00 69.96 69.96 169.95 169.95 4.30 214.68 7.06 28.97 11.11 12.53 Check Total: 278.65 203892 01/25/2012 Utility Fund Water Entr. /Spec Dept Equ Home Depot Credit Services 285.95 AP - Checks for Approval ( 02/08/2012 - 10:13 AM) n Check Number Check Date Fund Name Account Name Vendor Name Amount 203892 01/25/2012 Utility Fund Water Entr. /Spec. Departm Home Depot Credit Services 45.83 203892 01/25/2012 Utility Fund Water Entr. /Spec Dept Equ Home Depot Credit Services 42.62 203892 01/25/2012 Utility Fund. Water Entr. /Spec Dept Equ Home Depot Credit Services 130.59 Check Total: 504.99 203893 01/25/2012 Utility Fund Water Entr. /Spec. Departm Horizon Distributors Inc. 849.66 203893 01/25/2012 Utility Fund Water Entr. /Spec. Departm Horizon Distributors Inc. 52.17 Check Total: 901.83 203894 01/25/2012 Utility Fund Water /Clothing Allowance Innovative Screen Printing 337.43 Check Total: 337.43 203895 01/25/2012 Utility Fund Water Ent /Distrib System-Repair Kelly Moore Paints 17.70 203895 01/25/2012 Utility Fund Water Entr. /Spec. Departm Kelly Moore Paints 45.68 203895 01/25/2012 Utility Fund Water Emr. /Spec Dept Equ Kelly Moore Paints 70.82 Check Total: 134.20 203896 01/25/2012 Utility Fund Waver Entr. /Spec. Departm Martin Ranch Supply 327.04 Check Total: 327.04 203897 01/25/2012 Utility Fund Water Entr. /Water Meter Re National Meter & Automation, I 217.00 Check Total: 217.00 203898 01/25/2012 Utility Fund Water Ent/Distrib SystemRepair Pace Supply 175.08 Check Total: 175.08 203899 01/25/2012 Utility Fund Water/Vehicle Repairs Pep Boys 271.24 203899 01/25/2012 Utility Fund Water/Vehicle Repairs Pep Boys 15.70 Check Total: 286.94 203900 01/25/2012 Utility Fund Water/Vehicle Repairs Platinum Chevrolet 65.37 AP - Checks for Approval ( 02/08/2012 - 10:13 AM ) paoP 5 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 65.37 203901 01/25/2012 Utility Fund Water Entr. /Spec Dept Equ Power Industries 203901 01/25/2012 Utility Fund Water Entr. /Spec. Departm Power Industries 255.49 203901 01/25/2012 Utility Fund Water Entr. /Spec. Departm Power Industries 73.95 15.40 Check Total 344.84 203902 01/25/2012 Utility Fund VEHICLE GAS & OIL Redwood Coast Petroleum 1,129.29 Check Total: 1,129.29 203903 01/25/2012 Utility Fund WaterNehicle Repairs Reliable Auto Glass 45.00 Check Total: 45.00 203904 01/25/2012 Utility Fund Water Ent/Distrib SystemRepair . Shamrock Materials 203904 01/25/2012 Utility Fund Water Ent/Distrib SystemRepair Shamrock Materials 105.44 105.44 Check Total: 210.88 203905 01/25/2012 Utility Fund Water Conservation Measures Richard Stevenson 37.50 Check Total: 37.50 203906 01/25/2012 Utility Fund Water /Clothing Allowance Sunset Linen Service 57.84 Check Total: 57.84 203907 01/25/2012 Utility Fund WaterNehicle Repairs Traction of Santa Rosa 70.73 Check Total: 70.73 203908 01/25/2012 Utility Fund Water Entr. /Rent/Lease /Ta United Rentals Northwest, Inc. 846.13 Check Total: 846.13 203909 01/25/2012 Utility Fund Water Entr. /Spec. Departm USA Blue Book 133.95 AP - Checks for Approval ( 02/08/2012 - 10:13 AM) pn o Check Number Check Date Fund Name Account Name Vendor Name Amount AP - Checks for Approval ( 02/08/2012 - 10:13 AM ) Page 7 Check Total: 133.95 203910 01/25/2012 General Fund Publ Works Gen Bldg/Facilty ABM Janitorial Services - Nort 213.00 Check Total: 213.00 203911 01/25/2012 General Fund Finance /Contractual S Accountemps 1,331.76 203911 01/25/2012 General Fund Finance /Contractual S Accountemps 1,718.40 Check Total: 3,050.16 203912 01/25/2012 General Fund Pac/Pasco /Advertising/P Ad Vantage Marketing 947.55 Check Total: 947.55 203913 01/25/2012 General Fund Police /Contractual S American Medical Response, Inc 200.00 Check Total: 200.00 203914 01/25/2012 General Fund Data Processing /Cellular Phone AT &T Internet Services 750.00 Check Total: 750.00 203915 01/25/2012 General Fund Publ Works Gen /Vehicle Repai Auto Repairs Unlimited 199.49 Check Total: 199.49 203916 01/25/2012 General Fund PW -Storm Drains /Spec. Depa The Barricade Company 222.45 Check Total: 222.45 203917 01/25/2012 General Fund PW -Storm Drains /Spec. Depa BAY AREA BARRICADE SERVICE 510.80 Check Total: 510.80 203918 01/25/2012 General Fund Animal Control/Medications Bayer HealthCare, LLC 33.67 Check Total: 33.67 203919 01/25/2012 General Fund Fire /Training & Ed Steve Boggeri 20.00 AP - Checks for Approval ( 02/08/2012 - 10:13 AM ) Page 7 Check Number. Check Date Fund Name Account Name Vendor Name Amount Check Total: 20.00 203920 01/25/2012 General Fund Fire /Training & Ed JAMES BRADY 117.00 Check Total: 117.00 203921 01/25/2012 General Fund Animal Shelter Fees Janet Brunetta 95.00 Check Total: 95.00 203922 203922 01/25/2012 01/25/2012 General Fund General Fund R.P. Gymnasium Bldg/Facilty Streets & Bike /Spec. Departm Buchanan Food Service Buchanan Food Service 32.39 200.34 Check Total: 232.73 203923 01/25/2012 General Fund Finance /Dues & Subscr CA ASSOC OF PUBLIC PROCUREMENT 130.00 Check Total: 130.00 203924 203924 01/25/2012 01/25/2012 General Fund General Fund Police /Contractual S Personnel /Recruitment/F CA Department of Justice CA Department of Justice 166.00 273.00 Check Total: 439.00 203925 203925 01/25/2012 01/25/2012 General Fund General Fund City Hall /Office Supplie City Hall /Office Supplie Canon Business Solutions Inc Canon Business Solutions Inc 424.80 265.39 Check Total: 690.19 203926 01/25/2012 General Fund Data Processing /Spec. Departm CDW Government 380.12 Check Total: 380.12 203.927 01/25/2012 General Fund Streets & Bike /Spec. Departm City Electric Supply 572.88 Check Total: 572,88 203928 01/25/2012 Utility Construction Fund Alta Ave &Almond Swr /Wtr Rehab COASTLAND CIVIL 9,946.26 AP - Checks for Approval ( 02108/2012 - 10:13 AM) Page 8 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 9,946.26 203929 01/25/2012 General Fund Fire /Uniforms The Cobbler 196.61 • Check Total: 196.61 203930 01/25/2012 General Fund Development Svcs /Contractual S Code Source 1,978.34 203930 01/25/2012 General Fund Development Svcs /Contractual S Code Source 762.00 Check Total: 2,740.34 203931 01/25/2012 General Fund Sports Center /Publicity The Community Voice 640.00 Check Total: 640.00 203932 01/25/2012 General Fund Publ Works Gen /Spec. Departm Complete Welders Supply 12.98 Check Total: 12.98 203933 01/25/2012 General Fund Non - Department /Training & Edu Brian Davis 259.98 203933 01/25/2012 General Fund Non - Department /Training & Edu Brian Davis 196.00 Check Total: 455.98 203934 01/25/2012 General Fund Non- Department /Training & Edu TARA DOUGLAS 240.00 Check Total: 240.00 203935 01/25/2012 General Fund Non - Department /Postage FedEx Kinko's Office 691.69 Check Total: 691.69 203936 01/25/2012 General Fund City Hall Bldg/Facilty First Alarm Sercurities Servic 39.00 Check Total: 39.00 203937 01/25/2012 General Fund City Hall /Office Supplie First Choice 83.00 203937 01/25/2012 General Fund City Hall /Office Supplie First Choice 83.50 AP - Checks for Approval ( 02/08/2012 - 10:13 AM) Page 9 Check Number Check Date Fund Name Account Name Vendor Name Amount 203940 01/25/2012 General Fund 203940 01/25/2012 General Fund 203940 01/25/2012 General Fund Check Total: 166.50 203938 203938 203938 01/25/2012 01/25/2012 01/25/2012 General Fund General Fund General Fund Animal Control /Shelter Food Animal Control /Spec. Departm Animal Control /Spec. Departm Frizelle -Enos Company Frizelle -Enos Company Frizelle -Enos Company 70.00 209.06 -4.74 Check Total: 274.32 203939 01/25/2012 General Fund Police /Miscellaneous Robert Goodman M.D. 125.00 203940 01/25/2012 General Fund 203940 01/25/2012 General Fund 203940 01/25/2012 General Fund 203940 01/25/2012 General Fund 203940 01/25/2012 General Fund 203940 01/25/2012 General Fund 203940 01/25/2012 General Fund 203941 ' 01/25/2012 General Fund 203942 01/25/2012 General Fund 203942 01/25/2012 General Fund 203943 01/25/2012 General Fund 203944 01/25/2012 General Fund 203944 01/25/2012 General Fund R.P. Gymnasium Bldg /Facilty Grainger, Inc. Publ Works Gen /Small Tools Grainger, Inc. R.P. Gymnasium Bldg /Facilty Grainger, Inc. Streets & Bike /Spec. Departm Grainger, Inc. Streets & Bike /Spec. Departm Grainger, Inc. Publ Works Gen /Small Tools Grainger, Inc. City Hall /Bldg/Facilty Grainger, Inc. Data Processing /Contractual S Storm Drains /Contractual S Streets & Bike /Contractual S Police /Spec. Departm Police Nehicle Repai Police Nehicle Repai Granicus Inc Ground Hog Construction Ground Hog Construction Joseph Halton, Printer Check Total: Check Total: Check Total: 125.00 38.46 80.89 245.30 74:26 98.82 16.07 141.48 695.28 700.00 700.00 14,288.00 3,572.00 Check Total: 17,860.00 55.54 Check Total: 55.54 Hansel Ford 546.85 Hansel Ford - 114.38 Check Total: 432.47 AP - Checks for Approval ( 02/08/2012 10:13 AM) o a Check Number Check Date Fund Name Account Name Vendor Name Amount 01/25/2012 General Fund H Pool /Spec. Departm Home Depot Credit Services 203948 01/25/2012 203945 01/25/2012 General Fund Police /Miscellaneous Michael T. Hardin Investigations 875.49 R.P. Gymnasium Bldg /Facilty Home Depot Credit Services 203948 01/25/2012 Check Total: 875.49 203946 01/25/2012 General Fund Publ Works Gen /Bldg /Facilty Hertz Equipment Rental Corpora 366.73 203946 01/25/2012 General Fund Publ Works Gen /Bldg/Facilty Hertz Equipment Rental Corpora 199.64 01/25/2012 General Fund Publ Works Gen /Small Tools Horizon Distributors Inc. Check Total: 566.37 203947 01/25/2012 General Fund Benecia Rec Bld /Bldg/Facilty The Hitmen Termite & Pest Control 53.00 203947 01/25/2012 General Fund Codding Center /Fac Maint/Non- The Hitmen Termite & Pest Control 60.00 203947 01/25/2012 General Fund Ps Main Station /Bldg /Facilty The Hitmen Termite & Pest Control 60.00 203947 01/25/2012 General Fund Burt/Ave Rec Cr Bldg/Facilty The Hitmen Termite & Pest Control 60.00 Check Total: 233.00 203948 01/25/2012 General Fund Pac /Facility Repa Home Depot Credit Services 203948 01/25/2012 General Fund H Pool /Spec. Departm Home Depot Credit Services 203948 01/25/2012 General Fund . Publ Works Gen /Small Tools Home Depot Credit Services 203948 01/25/2012 General Fund R.P. Gymnasium Bldg /Facilty Home Depot Credit Services 203948 01/25/2012 General Fund R.P. Comm. Cntr Bldg/Facilty Home Depot Credit Services 203948 01/25/2012 General Fund Streets & Bike /Spec. Departm Home Depot Credit Services 203949 01/25/2012 General Fund Publ Works Gen /Small Tools Horizon Distributors Inc. 203949 01/25/2012 General Fund Publ Works Gen /Small Tools Horizon Distributors Inc. 203950 01/25/2012 General Fund 203951 01/25/2012 General Fund 203951 01/25/2012 Capital Projects Fund 203951 01/25/2012 General Fund 203952 01/25/2012 General Fund 203952 01/25/2012 General Fund City Hall Bldg/Facilty InfoStor Development Svcs /Travels & Mee DARRIN JENKINS University Dist. Specific Plan DARRIN JENKINS Development Svcs /Training & Ed DARRIN JENKINS Park Maint /Spec. Departm Kelly Moore Paints Streets & Bike /Spec. Departm Kelly Moore Paints Check Total: Check Total: Check Total: Check Total: AP - Checks for Approval ( 02/08/2012 - 10:13 AM) Page 1 i 192.50 25.79 24.71 88.00 60.31 12.95 404.26 325.96 53.57 379.53 30.00 30.00 17.25 50.90 56.12 124.27 -31.78 17.72 Check Number Check Date Fund Name Account Name Vendor Name Amount 203952 01/25/2012 General Fund Streets & Bike /Spec. Departm Kelly Moore Paints 190.95 Check Total: 176.89 203953 01/25/2012 General Fund Data Processing /Hardware Main Key Government Finance Inc 3,223.59 Check Total: 3,223.59 203954 01/25/2012 General Fund Non - Department /Training & Edu Raquel Kilmartin 210.00 Check Total: 210.00 203955 01/25/2012 General Fund Spay/Neuter Voucher $2 LA VOZ BILLINGUAL 300.00 Check Total: 300.00 203956 01/25/2012 General Fund Non - Department /Dues & Subscr LEAGUE OF CALIFORNIA CITIES 150.00 Check Total: 150.00 203957 01/25/2012 General Fund Non- Department /Travels & Mee Elizabeth Lidster 24.20 Check Total: 24.20 203958 01/25/2012 General Fund Rob Luis 50.00 Check Total: 50.00 203959 01/25/2012 General Fund Non - Department /Professional Management Partners, Inc 2,691.00 Check Total: 2,691.00 203960 01/25/2012 General Fund Streets & Bike /Spec. Departm Martin Ranch Supply 327.05 203960 01/25/2012 General Fund Publ Works Gen /Spec. Departm Martin Ranch Supply 327.05 Check Total: 654.10 203961 01/25/2012 General Fund Streets & Bike /Contractual S Metropolitan Transportation Co 5,382.00 Check Total: 5,382.00 AP - Checks for Approval ( 02/08/2012 - 10:13 AM) Page 12 Check Number Check Date Fund Name Account Name Vendor Name 139.99 Amount 01/25/2012 General Fund Codding Center /Office Supplie Office Depot 209.56 203970 203962 01/25/2012 General Fund Police /Training /Ed. - Troy Moore 203970 90.00 General Fund Police /Office Supplie Office Depot 117.33 Check Total: 90.00 203963 01/25/2012 General Fund Pac /City Events /Contractual S N2 Holdings Inc 491.40 203963 01/25/2012 General Fund Pac /City Events /Contractual S N2 Holdings Inc 136.15 203963 01/25/2012 General Fund Pac /City Events /Contractual S N2 Holdings Inc 157.36 Check Total: 784.91 203964 01/25/2012 General Fund Fire /Travels & Mee Nargiza Rakhimi 3.66 Check Total: 3.66 203965 01/25/2012 General Fund Pac/Pasco /Advertising /P North Bay Bohemian 254.89 203965 01/25/2012 General Fund Pac/Pasco /Advertising /P North Bay Bohemian 254.89 Check Total: 509.78 203966 01/25/2012 Capital Projects Fund Northeast Dist. Specific Plan North Fork Associates 4,698.01 203966 01/25/2012 Capital Projects Fund Northwest Dist. Specific Plan North Fork Associates 2,222.59 Check Total: 6,920.60 203967 01/25/2012 General Fund Sean O'Donnell 249.92 203967 01/25/2012 General Fund Sean O'Donnell 10.92 Check Total: 260.84 203968 01/25/2012 General Fund Police /Miscellaneous Occupational Health Centers of 128.25 Check Total: 128.25 203969 01/25/2012 General Fund Fire /Spec. Departm Occupational Health Dynamics 660.00 Check Total: 660.00 203970 01/25/2012 General Fund City Hall /Office Supplie Office Depot 139.99 203970 01/25/2012 General Fund Codding Center /Office Supplie Office Depot 209.56 203970 01/25/2012 General Fund Theatre /Office Supplie Office Depot 344.73 203970 01/25/2012 General Fund Police /Office Supplie Office Depot 117.33 AP - Checks for Approval ( 02/08/2012 - 10:13 AM ) Page 13 Check Number Check Date Fund Name 203970 01/25/2012 General Fund 203970 011/25/2012 General Fund 203970 01/25/2012 General Fund 203970 01/25/2012 General Fund 203970 01/25/2012 General Fund 203970 01/25/2012 General Fund 203970 01/25/2012 General Fund 203970 01/25/2012 General Fund 203970 01/25/2012 General Fund 203971 01/25/2012 General Fund 203972 01/25/2012 General Fund 203972 01/25/2012 General Fund 203973 01/25/2012 General Fund 203974 01/25/2012 General Fund 203975 01/25/2012 General Fund 203976 01/25/2012 General Fund 203977 01/25/2012 General Fund 203977 01/25/2012 General Fund 203977 01/25/2012 General Fund 203977 01/25/2012 General Fund AP - Checks for Approval ( 02/08/2012 - 10:13 AM ) Account Name Vendor Name Animal Control /Office Supplie Office Depot R.P. Comm. Ctr/ Office Supplie Office Depot City Hall /Office Supplie Office Depot City Hall Bldg/Facilty Office Depot City Hall /Office Supplie Office Depot City Hall Bldg/Facilty Office Depot Codding Center /Office Supplie Office Depot Theatre /Office Supplie Office Depot Police /Office Supplie Office Depot Non - Department /Audit Fees Oum & Co. LLP City Hall /Bldg / Facilty Pace Supply Fire /Spec Dept Equ Pace Supply Development Svcs /Travels & Mee RICK PEDRONCELLI Data Processing /Data Processi Peelle Technologies Fire /Vehicle Repai Pep Boys R.P. Gymnasium /Concession Pu Pepsi -Cola Pac/Pasco /Production Petty Cash - PAC Pac/Pasco /Production Petty Cash - PAC Pac /Front House /P Petty Cash - PAC Pac /Facility Repa Petty Cash - PAC Amount 68.75 126.61 54.18 264.08 4.73 200.76. 10.57 - 227.33 8.37 Check Total: 1,322.33 96.54 Check Total: 96.54 202.90 103.08 Check Total: 305.98 19.94 Check Total: 19.94 1,244.00 Check Total: 1,244.00 4.11 Check Total: 4.11 236.40 Check Total: 236.40 160.82 39.05 57.20 109.84 Page 14 Check Number Check Date Fund Name Account Name Vendor Name Amount AP - Checks for Approval ( 02/08/2012 - 10:13 AM ) Pace 15 Check Total: 366.91 203978 01/25/2012 General Fund R.P. Gymnasium /Spec. Departm Petty Cash - Rec 70.13 203978 01/25/2012 General Fund R.P. Gymnasium Bldg / Facilty Petty Cash - Rec 10.84 Check Total: 80.97 203979 01/25/2012 General Fund City Hall /Spec. Departm Platt 74.43 Check Total: 74.43 203980 01/25/2012 General Fund Non -Dept Leases /Transfer Out PNC Equipment Finance 7,887.42 Check Total: 7,887.42 203981 01/25/2012 Capital Projects Fund Copeland Creek Bike Path Recon Questa Engineering Corp 18,754.44 Check Total: 18,754.44 203982 01/25/2012 General Fund Publ Works Gen /Gas & Oil Redwood Coast Petroleum 544.58 203982 01/25/2012 General Fund Publ Works Gen /Gas & Oil Redwood Coast Petroleum 1,621.44 203982 01/25/2012 General Fund Police /Gas & Oil Redwood Coast Petroleum 1,488.49 203982 01/25/2012 General Fund Police /Gas & Oil Redwood Coast Petroleum 594.54 203982 01/25/2012 General Fund Police /Gas & Oil Redwood Coast Petroleum 1,293.50 203982 01/25/2012 General Fund Publ Works Gen /Gas & Oil Redwood Coast Petroleum 812.02 Check Total: 6,354.57 203983 01/25/2012 General Fund Non- Department /Insurance /Sur Redwood Empire Municipal Insur 25,502.68 203983 01/25/2012 General Fund Non- Department /W.C. /Self -Ins Redwood Empire Municipal Insur 123.00 Check Total: 25,625.68 203984 01/25/2012 General Fund Streets & Bike /Spec. Departm Redwood Lock & Key 119.93 Check Total: 119.93 203985 01/25/2012 General Fund Publ Works Gen Bldg/Facilty Refrigeration Supplies Distrib 95.00 203985 01/25/2012 General Fund Pac /Facility Repa Refrigeration Supplies Distrib 104.24 AP - Checks for Approval ( 02/08/2012 - 10:13 AM ) Pace 15 Check Number Check Date Fund Name Account Name, Vendor Name Amount Check Total: 199.24 203986 203986 01/25/2012 01/25/2012 General Fund General Fund Animal Control Nehicle Repai Pac Nehicle Repai Reliable Auto Glass Reliable Auto Glass 25.00 195.00 Check Total: 220.00 203987 203987 203987 01/25/2012 01/25/2012 01/25/2012 General Fund General Fund General Fund Streets & Bike /Contractual S Streets & Bike /Contractual S Streets & Bike /Contractual S Republic ITS Inc Republic ITS Inc Republic ITS Inc 2,227.50 2,455.60 828 28 Check Total: 5,511.38 203988 01/25/2012 General Fund City Hall Bldg /Facilty RJ Mechanical Inc. 795.00 Check Total: 795.00 203989 01/25/2012 General Fund City Hall /Heat/Light/Po CITY OF ROHNERT PARK 187.28 203990 01/25/2012 General Fund 203991 01/25/2012 General Fund 203991 01/25/2012 General Fund 203992 01/25/2012 General Fund 203992 01/25/2012 General Fund 203992 01/25/2012 General Fund 203993 01/25/2012 General Fund Check Total: R.P. Comm. Cntr Bldg/Facilty RUGWORKS Check Total: Police /Training /Ed. - SACRAMENTO REGIONAL Police /Training /Ed. - SACRAMENTO REGIONAL Check Total: Police Nehicle Repai Santa Rosa Auto Parts Publ Works Gen Nehicle Repai Santa Rosa Auto Parts Police Nehicle Repai Santa Rosa Auto Parts Fire /Training & Ed Santa Rosa Junior College 187.28 240.00 240.00 27.00 22.00 49.00 197.04 39.42 89.62 Check Total: 326.08 60.00 Check Total: 60.00 AP - Checks for Approval ( 02/08/2012 - 10:13 AM) paaP I r Check Number Check Date Rand Name Account dame Vendor Name Amount 203994 01/25/2012 General Fund Rec Ref Clearing SANTO NINO PRAYER GROUP -75.00 203994 01/25/2012 General Fund Rec Ref Clearing SANTO NINO PRAYER GROUP 400.00 Check Total: 325.00 203995 01/25/2012 General Fund Fire /Office Supplie Shift Calendars, Inc. 107.46 Check Total: 107.46 203996 01/25/2012 General Fund Angela D. Smith 400.00 Check Total: 400.00 203997 01/25/2012 General Fund Police /Contractual S So Co Information Systems Depa 1,712.00 Check Total: 1,712.00 203998 01/25/2012 General Fund R.P. Comm. Cntr Bldg/Facilty Soiland Co., Inc. 114.39 203998 01/25/2012 General Fund Burt/Ave Rec Cr Bldg/Facilty Soiland Co., Inc. 114.38 Check Total: 228.77 203999 01/25/2012 General Fund City Council -T &M- Stafford Sonoma County Taxpayers Assn 35.00 203999 01/25/2012 General Fund Travel/Mtgs- Mackenzie Sonoma County Taxpayers Assn 35.00 203999 01/25/2012 General Fund Citv Council /Travel- Belforte Sonoma County Taxpayers Assn 35.00 Check Total: 105.00 204000 01/25/2012 General Fund Pac/Pasco /Production Sonoma State University 471.00 Check Total: 471.00. 204001 01/25/2012 General Fund Publ Works Gen /Clothing Allo Sunset Linen Service 108.66 Check Total: 108.66 204002 01/25/2012 General Fund Non - Department /Training & Edu Dave Sutter 177.00 Check Total: 177.00 204003 01/25/2012 General Fund Streets & Bike /Spec. Departm Sweet Lane Wholesale Nursery 75.60 AP - Checks for Approval ( 02/08/2012 - 10:13 AM ) Page 17 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 75.60 204004 204004 01/25/2012 01/25/2012 General Fund General Fund Streets & Bike /Spec. Departm Streets &Bike /Spec. Departm Syar Industries, Inc. Syar Industries, Inc. 282.14 136.08 Check Total: 418.22 204005 01/25/2012 General Fund City Hall /Bldg/Facilty Syserco, Inc 735.00 Check Total: 735.00 204006 204006 01/25/2012 01/25/2012 General Fund General Fund Publ Works Gen Nehicle Repai Publ Works Gen Nehicle Repai Tifco Industries Tifco Industries 661.25 179.07 Check Total: 840.32 204007 01/25/2012 General Fund PW- Landscape /Landscape Sup West Cal Tractor 4.44 Check Total: 4.44 204008 01/25/2012 General Fund PW- Landscape /Landscape Sup Wheeler Zamaroni 75.49 Check Total: 75.49 204009 01/25/2012 General Fund Animal Control /Spec. Departm MICKEY ZELDES 60.12 Check Total: 60.12 204010 01/26/2012 General Fund Kathy Kelez 463.06 Check Total: 463.06 204011 01/26/2012 Capital Projects Fund Wilfred Ave. Widening Sonoma County PRMD 10,223.00 Check Total: 10,223.00 204012 02/01/2012 Utility Fund Water /Cell Phone AT &T MOBILITY 475.53 Check Total: 475.53 AP - Checks for Approval ( 02/08/2012 - 10:13 AM) Pans+ 1 R Check Number Check Date Fund Name Account Name Vendor Name Amount 204013 02/01/2012 Utility Fund Water Entr. /Spec Dept Equ Bartley Pump, Inc 3,960.25 Check Total: 3,960.25 204014 02/01/2012 Utility Fund Water Entr. /Spec. Departm Complete Welders Supply 27.13 Check Total: 27.13 204015 02/01/2012 Utility Fund Water Entr. /Spec. Departm Grainger, Inc. 78.50 204015 02/01/2012 Utility Fund Water Entr. /Spec Dept Equ Grainger, Inc. 319.23 204015 02/01/2012 Utility Fund Water Entr. /Spec Dept Equ Grainger, Inc. 384.79 204015 02/01/2012 Utility Fund Water Entr. /Spec Dept Equ Grainger, Inc. 79.32 Check Total: 861.84 204016 .02/01/2012 Utility Fund Water Entr. /Spec. Departm Home Depot Credit Services 5.96 204016 02/01/2012 Utility Fund Water Entr. /Spec. Departm Home Depot Credit Services 13.02 204016 02/01/2012 Utility Fund Water Entr. /Spec. Departm Home Depot Credit Services 168.00 204016 02/01/2012 Utility Fund Water Entr. /Spec. Departm Home Depot Credit Services 57.80 204016 02/01/2012 Utility Fund Water Ent /Distrib SystemRepair Home Depot Credit Services 89.86 Check Total: 334.64 204017 02/01/2012 Utility Fund WaterNehicle Repairs Nor -Cal Truckbodies, Inc. 216.88 Check Total: 216.88 204018 02/01/2012 Utility Fund Water Ent/Distrib SystemRepair Pace Supply 813.75 204018 02/01/2012 Utility Fund Water Ent/Distrib SystemRepair Pace Supply 2,771.09 204018 02/01/2012 Utility Fund Water Ent/Distrib SystemRepair Pace Supply 43.78 Check Total: 3,628.62 204019 02/01/2012 Utility Fund Water Entr. /Heat/Light/Po Pacific Gas & Electric 9,702.80 204019 02/01/2012 Utility Fund Water Entr. /Heat/Light/Po Pacific Gas & Electric 2,287.93 204019 02/01/2012 Utility Fund Water Entr. /Heat/Light/Po Pacific Gas & Electric 81.90 Check Total: 12,072.63 204020 02/01/2012 Utility Fund Water Conservation Measures Jenny Patterson -Kerr 37.50 Page 19 AP - Checks for Approval ( 02/08/2012 - 10:13 AM) Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 37.50 204021 02/01/2012 Utility Fund Water Ent/Distrib SystemRepair Pollard Water.com 558.92 Check Total: 558.92 204022 02/01/2012 Utility Fund Water Entr. /Spec Dept Equ Power Industries 395.53 Check Total: 395.53' 204023 02/01/2012 Utility Fund Water Entr. /Miscellaneous Powerplan 1,874.88 Check Total: 1,874.88 204024 02/01/2012 Utility Fund WaterNehicle Repairs Santa Rosa Auto Parts 89.53 Check Total: 89.53 204025 02/01/2012 Utility Fund Water Ent/Distrib SystemRepair Shamrock Materials 105.44 204025 02/01/2012 Utility Fund Water Ent/Distrib SystemRepair Shamrock Materials 86.27 Check Total: 191.71 204026 02/01/2012. Utility Fund Water Entr. /Training & Ed Springbrook Software 347.50 Check Total: 347.50 204027 02/01/2012 Utility Fund Water /Clothing Allowance Sunset Linen Service 57.84 Check Total: 57.84 204028 02/01/2012 Utility Fund Water Entr. /Spec Dept Equ USA Blue Book 298.88 Check Total: 298.88 204029 02/01/2012 Utility Fund Water Ent/Distrib SystemRepair HDS White Cap Construction Supply 354.09' 204029 02/01/2012 Utility Fund Water Ent/Distrib SystemRepair HDS White Cap Construction Supply 195.54 Check Total: 549.63 AP - Checks for Approval ( 02/08/2012 - 10:13 AM) Page 20 Check Number Check Date Fund Name Account Name Vendor Name Amount 204030 02/01/2012 Utility Fund Water Entr. /Spec. Departm Wyatt Irrigation Supply Inc. 27.66 Check Total: 27.66 204031 02/01/2012 Utility Fund Sewer /Cell Phone AT &T MOBILITY 146.82 Check Total: 146.82 204032 02/01/2012 Utility Fund Sewer Entr. Bldg/Facilty Friedman's 29.46 Check Total: 29.46 204033 02/01/2012 Utility Fund Sewer Entr. /Small Tools Grainger, Inc. 18.78 204033 02/01/2012 Utility Fund Sewer Entr. Bldg/Facilty Grainger, Inc. 92.83 204033 02/01/2012 Utility Fund Sewer Entr. /Spec. Departm Grainger, Inc. 92.38 204033 02/01/2012 Utility Fund Sewer Entr. Nehicle Repair Grainger, Inc. 14.51 204033 02/01/2012 Utility Fund Sewer Entr. Bldg/Facilty Grainger, Inc. 82.56 Check Total: 301.06 204034 02/01/2012 Utility Fund Sewer Entr. /Spec. Departm Home Depot Credit Services 16.73 204034 02/01/2012 Utility Fund Sewer Entr. /Spec. Departm Home Depot Credit Services 75.13 204034 02/01/2012 Utility Fund Sewer Entr. /Spec Dept Equ Home Depot Credit Services 35.61 204034 02/01/2012 Utility Fund Sewer Entr. /Spec. Departm Home Depot Credit Services 25.93 Check Total: 153.40 204035 02/01/2012 Utility Fund Sewer Entr. /Heat/Light/Po Pacific Gas & Electric 212.99 Check Total: 212.99 204036 02/01/2012 Utility Fund Sewer Entr. /Heat/Light/Po Pacific Gas & Electric 3,973.38 Check Total: 3,973.38 204037 02/01/2012 Utility Fund Water Conservation Measures Jenny Patterson -Kerr 37.50 Check Total: 37.50 204038 02/01/2012 Utility Fund Sewer Entr. Nehicle Repair Pep Boys 60.72 AP - Checks for Approval ( 02/08/2012 - 10:13 AM) Page 21 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 1,589.52 204046 02/01/2012 General Fund Pac /Postage Ad Vantage Marketing 743.75 AP - Checks for Approval ( 02/08/2012 - 10:13 AM ) Check Total: 60.72 204039 204039 02/01/2012 02/01/2012 Utility Fund Utility nd n' Sewer Entr. /Spec Dept Equ Reliable Hardware & Steel Co. 264.74 204039 02/01/2012 Utility Fund Sewer Entr. /Spec Dept Equ Sewer Entr. Reliable Hardware &Steel Co. 146.34 204039 02/01/2012 Utility und Y /Spec Dept Equ Sewer Entr. /C/0-Vehicles/ Reliable Hardware & Steel Co. 256.46 Reliable Hardware &Steel Co. 854.94 Check Total: 1,522.48 204040 02/01/2012 Utility Fund Sewer Entr. /Training & Ed Springbrook Software 347.50 Check Total: 347.50 204041 02/01/2012 Utility Fund Sewer Entr. /Clothing Allow Sunset Linen Service 22.70 Check Total: 22.70 204042 02/01/2012 General Fund Ref Deposit -Liab. Insur HUB International 204042 02/01/2012 General Fund Refundable Deposits HUB International 2,845.00 204042 02/01/2012 General Fund R.P. Comm. Cntr /Rp Community HUB International - 300.54 204042 02/01/2012 General Fund Cash HUB International - 300.54 300.54 Check Total: 2,544.46 204043 02/01/2012 General Fund Police /Spec Dept Equ Business Card 204043 02/01/2012 General Fund Police /Spec Dept Equ Business Card 19.49 738.08 Check Total: 757.57 204044 204044 02/01/2012 02/01/2012 General Fund General Fund Ps Main Station Bldg/Facilty ABM Janitorial Services - Nort 1,624.00 204044 02/01/2012 General Fund Publ Works Gen Bldg/Facilty ABM Janitorial Services - Nort 213.00 Animal Shelter Bldg/Facilty M ABM Janitorial Services -Nort 583.00 Check Total: 2,420.00 204045 02/01/2012 General Fund Finance /Contractual S Accountemps 1,589.52 Check Total: 1,589.52 204046 02/01/2012 General Fund Pac /Postage Ad Vantage Marketing 743.75 AP - Checks for Approval ( 02/08/2012 - 10:13 AM ) Check Number Check Date Fund Name Account Name Vendor Name Amount 204051 02/01/2012 General Fund 204051 02/01/2012 General Fund 204046 02/01/2012 General Fund Pac/Pasco /Advertising/P Ad Vantage Marketing 1,020.75 204047 02/01/2012 General Fund 204048 02/01/2012 General Fund 204049 02/01/2012 General Fund 204049 02/01/2012 General Fund 204050 02/01/2012 General Fund 204050 02/01/2012 General Fund 204051 02/01/2012 General Fund 204051 02/01/2012 General Fund 204051 02/01/2012 General Fund 204051 02/01/2012 General Fund 204051 02/01/2012 General Fund 204051 02/01/2012 General Fund 204051 02/01/2012 General Fund 204051 02/01/2012 General Fund 204051 02/01/2012 General Fund 204051 02/01/2012 General Fund 204051 02/01/2012 General Fund 204051 02/01/2012 General Fund 204051 02/01/2012 General Fund R.P. Comm. Cntr Bldg/Facilty City Hall Bldg/Facilty R.P. Gymnasium /Telephone Ps Main Station /Telephone City Manager /Cellular Phone Econ Develp /Cellular Phone Finance /Cellular Phone Data Processing /Cellular Phone Development Svcs /Cellular Phon Police / Cell Phone Fire / Cell Phone Publ Works Gen /Cellular Phone Streets & Bikes /Cellular Phon Park Maint /Cellular Phone PW- Landscape /Cell Phones R.P. Comm. Cntr /Cellular Phone Pac /Admin /Cellular Phone Check Total: 1,764.50 VINCENT AMATO 5,728.00 Check Total: 5,728.00 John Anglin 579.00 Aramark Uniform Services Aramark Uniform Services AT &T AT &T AT &T MOBILITY AT &T MOBILITY AT &T MOBILITY AT &T MOBILITY AT &T MOBILITY AT &T MOBILITY AT &T MOBILITY AT &T MOBILITY AT &T MOBILITY AT &T MOBILITY AT &T MOBILITY AT &T MOBILITY AT &T MOBILITY Check Total: Check Total: Check Total: 579.00 108.84 68.04 176.88 23.11 111.37 134.48 67.07 60.26 101.39 132.40 583.73 1,085.57 162.89 197.86 174.21 295.01 92.98 247.03 32.47 Check Total: 3,232.87 204052 02/01/2012 General Fund Jerry Bick 230.39 Check Total: 230.39 . AP - Checks for Approval ( 02/08/2012 - 10:13 AM) Page 23 Check Number Check Date Fund Name Account Name Vendor Name Amount 204053 02/01/2012 General Fund Pac /Pasco /Production Alec Boyer 500.00 Check Total: 500.00 204054 02/01/2012 General Fund Sports Center /Contractual S Pete Breeland 58.50 204054 02/01/2012 General Fund Sports Center /Contractual S Pete Breeland 40.00 Check Total: 98.50 204055 02/01/2012 Utility Construction Fund Tanks 1,3 & 4 Exterior Recoat BRELJE & RACE CONSULTING 14,932.50 Check Total: 14,932.50 204056 02/01/2012 General Fund City Hall /Bldg/Facilty Buchanan Food Service 173.58 Check Total: 173.58 204057 02/01/2012 General Fund Fire /Training & Ed Business Card -21.76 204057 02/01/2012 General Fund Fire /Training & Ed Business Card 463.60 204057 02/01/2012 General Fund P/S Bldg -North /Bldg/Facilty Business Card 16.14 204057 02/01/201.2 General Fund P/S Bldg -North /Bldg/Facilty Business Card 46.31 Check Total: 504.29 204058 02/01/2012 General Fund Publ Works Gen Nehicle Repai BUSINESS CARD 108.50 204058 02/01/2012 General Fund Police Nehicle Repai BUSINESS CARD 173.64 Check Total: 282.14 204059 02/01/2012 General Fund Been Develp /Paper Supplie Business Card 21.98 Check Total: 21.98 204060 02/01/2012 General Fund Pers'L & Purch /Training & Ed Business Card 87.00 Check Total: 87.00 204061 02/01/2012 General Fund City Manager /Travels & Mee Busniess Card 11.01 Check Total: 11.01 AP - Checks for Approval ( 02/08/2012 - 10:13 AM) Page 24 Check Number Check Date Fund Name Account Name Vendor Name Amount 204062 .02/01/20.12 General Fund R.P. Comm. Cntr /Contractual S Michele Carter 146.25 Check Total: 146.25 204063 02/01/2012 General Fund City Hall /Rent/Lease /Ta CIT Technology Fin Service, In 5,451.04 Check Total: 5,451.04 204064 02/01/2012 Capital Projects Fund University Dist. Specific Plan Clearwater Hydrology 2,156.50 Check Total: 2,156.50 204065 02/01/2012 General Fund Data Processing /Software Main COMPUCOM 1,852.50 Check Total: 1,852.50 204066 02/01/2012 General Fund Non - Department /Training & Edu Brandon Davidge 195.00 Check Total: 195.00 204067 02/01/2012 General Fund R.P. Comm. Cntr /Contractual S Gay Dawson 1,189.50 Check Total: 1,189.50 204068 02/01/2012 General Fund Marjorie Dennett 539.50 Check Total 539.50 204069 02/01/2012 General Fund Non - Department /Election Expe DFM ASSOCIATES 67.54 Check Total: 67.54 204070 02/01/2012 General Fund Development Svcs /Spec. Departm DLT SOLUTION, INC 1,178.60 Check Total: 1,178.60 204071 02/01/2012 General Fund PacJPasco /Production Lisa Doyle 500.00 Check Total: 500.00 204072 02/01/2012 General Fund City Hall /Postage FedEx 65.38 AP - Checks for Approval ( 02/08/2012 - 10:13 AM ) Page 25 Check Number Check Date Fund Name Account Name Vendor Name Amount 204072 02/01/2012 General Fund Finance /Postage FedEx 204072 02/01/2012 Capital Projects Fund Wilfred Ave. Widening FedEx 43.96 204072 02/01/2012 Capital Projects Fund Copeland Creek Bike Path Recon FedEx 37.27 204072 02/01/2012 Capital Projects Fund Arlen & E Cotati Overlay FedEx 69.56 , 4 .,o 204073 02/01/2012 General Fund 204074 02/01/2012 General Fund 204075 02/01/2012 General Fund 204076 02/01/2012 General Fund 204077 02/01/2012 General Fund 204078 02/01/2012 General Fund 204079 02/01/2012 General Fund 204079 02/01/2012 General Fund 204079 02/01/2012 General Fund 204080 02/01/2012 General Fund Check Total: ROBERTFERRY Check Total: Theodore Giesige Check Total: Streets & Bike /Spec. Departm Golden State Lumber, Inc. Check Total: City Manager /Travels & Mee Gabriel Gonzalez Check Total: Pac/Pasco /Production Oliver Graham Check Total: Michael Harrow Check Total: Non - Department /Community Pro Hertz Equipment Rental Corpora Non - Department /Community Pro Hertz Equipment Rental Corpora Publ Works Gen /Spec. Departm Hertz Equipment Rental Corpora Check Total: Arthur Hollingsworth Check Total: AP - Checks for Approval ( 02/08/2012 - 10:13 AM) Page 26 232.95 4,465.75 4,465.75 501.21 501.21 1,022.44 1,022.44 118.02 118.02 500.00 500.00 278.00 278.00 427.49 427.49 33.77 888.73 800.75 800.75 Check Number Check Date Fund Name Account Name Vendor Name Amount 204081 02/01/2012 General Fund H Pool Bldg/Facilty Home Depot Credit Services 13.13 204081 02/01/2012 General Fund Publ Works Gen Bldg /Facilty Home Depot Credit Services 2.59 204081 02/01/2012 General Fund Publ Works Gen /Spec. Departm Home Depot Credit Services 8.19 Check Total: 23.91 204082 02/01/2012 General Fund Fire /Training & Ed Aaron Johnson 345.00 Check Total: 345.00 204083 02/01/2012 General Fund Pac/Pasco /Production James Joseph Moran 500.00 Check Total: 500.00 204084 02/01/2012 General Fund Rent Appeals Bd /Professional Law Offices of Walter & Pistol 96.43 Check Total: 96.43 204085 02/01/2012 General Fund Non- Department /Travels & Mee Elizabeth Lidster 52.80 Check Total: 52.80 204086 02/01/2012 Capital Projects Fund LED Street Light Conversion Local Government Services 803.70 204086 .02/01/2012 General Fund Publ Works Gen /Contractual S Local Government Services 2,589.70 204086 02/01/2012 Utility Construction Fund Tankl &2 Ladders safety upgrade Local Government Services 1,518.10 204086 02/01/2012 General Fund Storm Drains /Contractual S Local Government Services 803.70 204086 02/01/2012 Utility Construction Fund Water Meter Installation Local Government Services 2,009.25 Check Total: 7,724.45 204087 02/01/2012 General Fund Sports Center /Contractual S Martial Arts Academy 49.73 20408.7 02/01/20.12 General Fund Sports Center /Contractual S Martial Arts Academy 2,481.50 204087 02/01/2012 General Fund R.P. Comm. Cntr /Contractual S Martial Arts Academy 23.73 Check Total: 2,554.96 204088 02/01/2012 General Fund Pac/Pasco /Production Benjamin Mertz 750.00 Check Total: 750.00 204089 02/01/2012 General Fund Sports Center /Contractual S Diane Micheli 35.75 AP - Checks for Approval ( 02/08/2012 - 10:13 AM) Paae 97 Check Number Check Date Fund Name Account Name Vendor Name Amount 204090 02/01/2012 General Fund 204091 02/01/2012 General Fund 204091 02/01/2012 General Fund 204091 02/01/2012 General Fund 204092 02/01/2012 General Fund 204093 02/01/2012 General Fund 204094 02/01/2012 General Fund 204095 02/01/2012 General Fund 204095 02/01/2012 General Fund 204095 02/01/2012 General Fund 204095 02/01/2012 General Fund 204095 02/01/2012 General Fund 204095 02/01/2012 General Fund 204095 02/01/2012 General Fund 204096 .02/01/2012 1 General Fund 204097 02/01/2012 General Fund Check Total: City Hall Check Total: 35.75 Non - Department /Spec. Departm Sharon Morrow 117.18 Recreation Check Total: 117.18 Pac/Pasco /Production Pac /Pasco /Production Pac/Pasco /Production MUSIC THEATRE INTERNATIONAL MUSIC THEATRE INTERNATIONAL MUSIC THEATRE INTERNATIONAL 42.00 42.00 15.00 Sports Center Check Total: 99.00 Pac /City Events /Contractual S N2 Holdings Inc 105.00 City Hall Check Total: 105.00 Pac/Pasco /Advertising/P North Bay Bohemian 254.89 Check Total: 254.89 Publ Works Gen Bldg/Facilty Northgates 1,273.50 Check Total: City Hall /Office Supplie Office Depot City Hall /Office Supplie Office Depot Recreation Adm /Office Supplie Office Depot Finance /Spec. Departm Office Depot Sports Center /Office Supplie Office Depot City Hall /Office Supplie Office Depot City Hall /Office Supplie Office Depot Check Total: Streets & Bike /Spec. Departm OMEGA INDUSTRIAL SUPPLY Check Total: Park Maint /Heat/Light/Po Pacific Gas & Electric 1,273.50 -13.89 13.89 48.17 306.08 177.65 523.95 10.73 1,066.58 523.12 AP - Checks for Approval ( 02/08/2012 - 10:13 AM ) n �P?Q 523.12 84.08 Check Number Check Date Fund Name Account Name Vendor Name Amount AP - Checks for Approval ( 02/08/2012 - 10:13 AM ) Page 29 Check Total: 84.08 204098 02/01/2012 General Fund City Hall /Heat/Light/Po Pacific Gas & Electric 1,628.50 204098 02/01/2012 General Fund City Hall /Heat/Light/Po Pacific Gas & Electric 25.53 Check Total: 1,654.03 204099 02/01/2012 General Fund Streets & Bike /Heat/Light/Po Pacific Gas & Electric 133.84 Check Total: 133.84 204100 02/01/2012 General Fund Park Maint /Heat/Light/Po Pacific Gas & Electric 2,945.67 204100 02/01/2012 General Fund Center /Heat/Light/Po Pacific Gas & Electric 1,655.00 204100 02/01/2012 General Fund Alicia Pool /Heat/Light/Po Pacific Gas & Electric 8.58 204100 02/01/2012 General Fund Benecia Pool /Heat/Light/Po Pacific Gas & Electric 567.06 204100 02/01/2012 General Fund Ladybug Pool /Heat/Light/Po Pacific Gas & Electric 35.62 204100 02/01/2012 General Fund H Pool /Heat/Light/Po Pacific Gas & Electric 4,641.87 204100 02/01/2012 General Fund R.P. Gymnasium /Heat/Light/Po Pacific Gas & Electric 931.33 204100 02/01/2012 General Fund R.P. Comm. Cntr /Heat/Light/Po Pacific Gas & Electric 4,560.28 204100 02/01/2012 General Fund Magnolia Pool /Heat/Light/Pow Pacific Gas & Electric 515.55 204100 02/01/2012 General Fund Burt/Ave Rec Cr /Heat/Light/Po Pacific Gas & Electric 275.68 204100 02/01/2012 General Fund Pac /Heat/Light/Po Pacific Gas & Electric 3,319.52 204100 02/01/2012 General Fund Sign/Heat Light & Power Pacific Gas & Electric 495.45 204100 02/01/2012 General Fund City Hall /Heat/Light/Po Pacific Gas & Electric 205.14 204100 02/01/2012 General Fund City Hall Annex /Heat/Light/Po Pacific Gas & Electric 1,084.84 204100 02/01/2012 General Fund Non- Department /Heat/Light/Po Pacific Gas & Electric 40.35 204100 02/01/2012 General Fund Animal Shelter/Heat/I.ight/Pow Pacific Gas & Electric 1,160.61 204100 02/01/2012 General Fund Ps Main Station /Heat/Light/Po Pacific Gas & Electric 7,358.06 204100 02/01/2012 General Fund P/S Bldg -North /Heat/Light/Po Pacific Gas & Electric 862.35 204100 02/01/2012 General Fund P/S Bldg -South /Heat/Light/Po Pacific Gas & Electric 221.84 204100 02/01/2012 General Fund Publ Works Gen /Heat/Light/Po Pacific Gas & Electric 671.07 204100 02/01/2012 General Fund Streets & Bike /Heat/Light/Po Pacific Gas & Electric 14,244.89 Check Total: 45,800.76 204101 02/01/2012 General Fund James Park 788.56 Check Total: 788.56 204102 02/01/2012 General Fund Del Patton 326.00 AP - Checks for Approval ( 02/08/2012 - 10:13 AM ) Page 29 Check Number Check Date Fund Name Account Name Vendor Name Amount AP - Checks for Approval ( 02/08/2012 - 10:13 AM) Paee 30 Check Total: 326.00 204103 02/01/2012 General Fund Development Svcs/Travels & Mee RICK PEDRONCELLI 86.86 Check Total: 86.86 204104 02/01/2012 General Fund R.P. Comm. Cntr /Contractual S Petaluma School of Ballet, LLC 695.50 Check Total: 695.50 204105 02/01 /2012 General Fund Pac/Pasco /Production Petty Cash - PAC 101.57 204105 02/01/2012 General Fund Pac /Facility Repa Petty Cash - PAC 17.87 Check Total: 119.44 204106 02/01/2012 General Fund Publ Works Gen /Gas & Oil Redwood Coast Petroleum 1,627.92 Check Total: 1,627.92 204107 02/01/2012 General Fund Non- Department /Insurance /Sur Redwood Empire Municipal Insur 5,187.00 Check Total: 5,187.00 204108 02/01/2012 General Fund Publ Works Gen /Spec. Departm Redwood Lock & Key 15.19 Check Total: 15.19 204109 02/01/2012 General Fund Admin Services /Contractual S Regional Government Services 6,620.00 Check Total: 6,620.00 204110 02/01/2012 General Fund Streets & Bike /Spec. Departm Reliable Hardware & Steel Co. 88.24 Check Total: 88.24 204111 02/01/2012 General Fund Rec Ref Clearing Rohnert Park Public Safety 400.00 Check Total: 400.00 204112 02/01/2012 General Fund Publ Works Gen Nehicle Repai Santa Rosa Auto Parts -15.12 AP - Checks for Approval ( 02/08/2012 - 10:13 AM) Paee 30 Check Number Check Date Fund Name Account Name Vendor Name Amount 204112 02/01/2012 General Fund Publ Works Gen /Vehicle Repai Santa Rosa Auto Parts 112.20 Check Total: 97.08 204113 02/01/2012 General Fund H Pool Bldg /Facilty Sierra Chemical Company 1,794.48 Check Total: 1,794.48 204114 02/01/2012 General Fund Paul Skanchy 340.00 Check Total: 340.00 204115 02/01/2012 General Fund Douglas Smith 1,061.56 Check Total: 1,061.56 204116 02/01/2012 General Fund City Hall /C/0-Equipment Snader and Associates 15,293.75 Check Total: 15,293.75 204117 02/01/2012 General Fund State Grants So Co Waste Management Agency 4,069.00 Check Total: 4,069.00 204118 02/01/2012 General Fund City Council /Travel - Callinan Sonoma County Taxpayers Assn 35.00 Check Total: 35.00 204119 02/01/2012 General Fund Finance /Training & Edu Springbrook Software 347.50 204119 02/01/2012 General Fund Non - Department /Training & Edu Springbrook Software 347.50 Check Total: 695.00 204120 02/01/2012 General Fund Publ Works Gen /Clothing Allo Sunset Linen Service 108.66 Check Total: 108.66 204121 02/01/2012 General Fund Walter Taddeucci 889.00 Check Total: 889.00 AP - Checks for Approval ( 02/08/2012 - 10:13 AM) Page 31 Check Number Check Date Fund Name Account Name Vendor Name Amount 204I22 02/01/2012 General Fund JEFFREY K. TAYLOR 47.20 204127 02/01/2012 General Fund 204128 02/01/2012 General Fund 204129 02/01/2012 General Fund 204130 Check Total: 47.20 204123 02/01/2012 General Fund R.P. Comm. Cntr /Contractual S DENISE THURMAN 130.00 204130 02/01/2012 General Fund 204130 Check Total: 130.00 204124 02/01/2012 General Fund City Hall /Bldg/Facilty ThyssenKrupp Elevator Corporat 283.23 Check Total: 283.23 204125 02/01/2012 General Fund Publ Works Gen /Vehicle Repai Tire Distribution Systems, Inc 39.51 Check Total: 39.51 204126 204126 02/01/2012 02/01/2012 General Fund General Fund R.P. Comm. Cntr /Contractual S R.P. Comm. Cntr /Contractual S Pat Tyler Pat Tyler 187.20 46.80 204127 02/01/2012 General Fund 204128 02/01/2012 General Fund 204129 02/01/2012 General Fund 204130 02/01/2012 General Fund 204130 02/01/2012 General Fund 204130 02/01/2012 General Fund 204130 02/01/2012 General Fund 204130 02/01/2012 General Fund 204130 02/01/2012 General Fund Non- Department /Contractual S Union Bank, N.A. Non - Department /Audit Fees Pac/Pasco /Production P/S Bldg -South /Bldg/Facilty P/S Bldg- North /Bldg/Facilty P/S Bldg -South /Bldg/Facilty P/S Bldg -North /Bldg/Facilty Center /Bldg/Facilty P/S Bldg -North /Bldg /Facilty Check Total: Check Total: Vavrinek, Trine, Day & CO LLP Check Total: CAROL VINES Wal -Mart Community /GEMB Wal -Mart Community /GEMB Wal -Mart Community/GEMB Wal -Mart Community /GEMB Wal -Mart Community/GEMB Wal -Mart Community/GEMB Check Total: 234.00 875.00 875.00 22,580.00 22,580.00 500.00 AP - Checks for Approval ( 02/08/2012 - 10:13 AM) Paee 32 500.00 12.95 27.60 8.92 15.49 35.67 14.45 Check Number Check Date Fund Name Account Name Vendor Name Amount AP - Checks for Approval ( 02/08/2012 - 10:13 AM ) Paae 33 Check Total: 115.08 204131 02/01/2012 Capital Projects Fund Ranch Verde Trafic Signal Whitlock & Weinberger Transpor 5,790.54 Check Total: 5,790.54 204132 02/01/2012 Utility Fund Accounts Payable Stacy Benoist 20.41 Check Total: 20.41 204133 02/01/2012 Utility Fund Accounts Payable Susan Estes 39.23 204133 02/01/2012 Utility Fund Accounts Payable Susan Estes 39.63 2041.33 02/01/2012 Utility Fund Accounts Payable Susan Estes 1.10 Check Total: 79.96 204134 02/07/2012 General Fund Aflac Payable AFLAC 390.00 204134 02/07/2012 General Fund Aflac Payable AFLAC 561.62 Check Total: 951.62 204135 02/07/2012 General Fund Court Order Payable CA FRANCHISE TAX BOARD 162.42 Check Total: 162.42 204136 02/07/2012 General Fund Pers - Survivorship CALPERS 22..00 204136 02/07/2012 General Fund P E R S Payable CALPERS 18,577.01 Check Total: 18,599.01 204137 02/07/2012 General Fund Kaiser W/H Payable HSA Bank 125.00 Check Total: 125.00 204138 02/07/2012 General Fund Kaiser W/H Payable KAISER HEALTH PLAN INC 106,362.57 204138 02/07/2012 General Fund Emplyee Benfits /Medical Insur KAISER HEALTH PLAN INC 44,433.79 Check Total: 150,796.36 204139 02/07/2012 General Fund Kaiser W/H Payable KAISER HEALTH PLAN INC 998.57 AP - Checks for Approval ( 02/08/2012 - 10:13 AM ) Paae 33 Check Number Check Date Fund Name 204140 02/07/2012 General Fund 204141 02/07/2012 General Fund 204141 02/07/2012 General Fund 204141 02/07/2012 General Fund 204142 02/07/2012 General Fund 204143 02/07/2012 General Fund 204144 02/07/2012 General Fund 204144 02/07/2012 General Fund 204145 02/07/2012 General Fund 204146 02/07/2012 General Fund 204147 02/07/2012 General Fund 204148 02/07,2012 General Fund Account Name Vendor Name Amount Scope Dues Payable Court Order Payable SEIU Local 1021 United States Treasury Check Total: 998.57 689.78 689.78 4,107.80 2,351.22 1,021.52 7,480.54 897.10 897.10 1,228.50 1,228.50 1,400.00 2,388.84 3,788.84 1,990.07 1,990.07 225.00 225.00 1,022.81 1,022.81 325.00 AP - Checks for Approval ( 02/08/2012 - 10:13 AM) Page 14 Check Total: Emplyee Benfits /Medical Insur KAISER HEALTH PLAN INC Check Total: Standard Ins Payable LINCOLN NATIONAL LIFE INS CO Short Term Disability LINCOLN NATIONAL LIFE INS CO Emplyee Benfits /Life Ins /Sala LINCOLN NATIONAL LIFE INS CO Check Total: Supp Life W/H Payable LINCOLN NATIONAL LIFE INS CO Check Total: Standard Ins Payable MYERS- STEVENS & TOOHEY Check Total: Def Comp Payable -Gw NATIONAL DEFERRED COMPENSATIO Def Comp Payable -Gw NATIONAL DEFERRED COMPENSATIO Check Total: Def Comp Payable -Gw NATIONAL DEFERRED COMPENSATIO Check Total: Rpea Dues CITY OF ROHNERT PARK Check Total: Scope Dues Payable Court Order Payable SEIU Local 1021 United States Treasury Check Total: 998.57 689.78 689.78 4,107.80 2,351.22 1,021.52 7,480.54 897.10 897.10 1,228.50 1,228.50 1,400.00 2,388.84 3,788.84 1,990.07 1,990.07 225.00 225.00 1,022.81 1,022.81 325.00 AP - Checks for Approval ( 02/08/2012 - 10:13 AM) Page 14 Check Number Check Date Fund Name Account Name Vendor Name Amount AP - Checks for Approval ( 02/08/2012 - 10:13 AM ) PaPe 35 Check Total: 325.00 204149 02/07/2012 General Fund United Way Payable UNITED WAY 80.00 Check Total: 80.00 204150 02/07/2012 General Fund Emplyee Benfits /Eye Care Vision Service Plan - (CA) 2,544.34 Check Total: 2,544.34 204151 02/07/2012 General Fund Eye Care /VSP /Payables Vision Service Plan - (CA) 2,229.45 Check Total: 2,229.45 204152 02/08/2012 Utility Fund Water Entr. /Telephone AT &T 28.67 Check Total: 28.67 204153 02/08/2012 Utility Fund Water Entr. /Cross Conn Co Backflow Distributors, Inc 59.78 Check Total: 59.78 204154 02/08/2012 Utility Fund Water Entr. /Miscellaneous Business Card 54.11 204154 02/08/2012 Utility Fund Water Entr. /Miscellaneous Business Card 180.00 204154 02/08/2012 Utility Fund Water Entr. /Spec. Departm Business Card 80.20 204154 02/08/2012 Utility Fund Water Entr. /Miscellaneous Business Card 181.08 204154 02/08/2012 Utility Fund Water Entr. /Miscellaneous Business Card 200.00 Check Total: 695.39 204155 02/08/2012 Utility Fund VEHICLE GAS & OIL Chevron and Texaco Business Ca 467.63 204155 02/08/2012 Utility Fund VEHICLE GAS & OIL Chevron and Texaco Business Ca 640.95 Check Total: 1,108.58 204156 02/08/2012 Utility Fund Water Conservation Measures Thomas Collins 37.50 Check Total: 37.50 204157 02/08/2012 Utility Fund Water Entr. /Spec. Departm Complete Welders Supply 53.03 AP - Checks for Approval ( 02/08/2012 - 10:13 AM ) PaPe 35 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 53 03 204158 02/08/2012 Utility Fund 204159 02/08/2012 Utility Fund 204159 02/08/2012 Utility Fund 204159 02/08/2012 Utility Fund 204160 02/08/2012 Utility Fund 204161 02/08/2012 Utility Fund 204161 02/08/2012 Utility Fund 204161 02/08/2012 Utility Fund 204161 02/08/2012 Utility Fund 204161 02/08/2012 Utility Fund 204161 02/08/2012 Utility Fund 204162 02/08/2012 Utility Fund 204162 02/08/2012 Utility Fund 204162 02/08/2012 Utility Fund 204163 02/08/2012 Utility Fund 204164 02/08/2012 Utility Fund 204164 02/08/2012 Utility Fund 204164 02/08/2012 Utility Fund Water Entr. /Rent/Lease /Ta Dell Financial Services Check Total: Water Entr. /Miscellaneous Dept. of Emergency Services Water Entr. /Miscellaneous Dept. of Emergency Services Water Entr. /Miscellaneous Dept. of Emergency Services Check Total: Water Conservation Measures Hugo Estrada Check Total: Water Ent/Distrib SystemRepair Grainger, Inc WaterNehicle Repairs Grainger, Inc. Water /Vehicle Repairs Grainger, Inc. Water Entr. /Spec Dept Equ Grainger, Inc. Water Entr. /Spec. Departm Grainger, Inc. Water Entr. /Spec. Departm Grainger, Inc. Check Total: Water Ent/Distrib SysternRepair Home Depot Credit Services Water Entr. /Spec. Departm Home Depot Credit Services Water Entr. /Spec. Departm Home Depot Credit Services Check Total: Water Entr. /Water Meter Re National Meter & Automation, I Check Total: Water Entr. /Spec Dept Equ Pace Supply Water Entr. /Spec Dept Equ Pace Supply Water Ent/Distrib SystemRepair Pace Supply 253.07 253.07 578.00 578.00 578.00 1,734.00 37.50 37.50 2.63 4.81 9.64 54.03 20.14 15.09 106.34 10.22 63.77 40.11 114.10 2,392.00 2,392.00 468.72 263.00 347.20 AP - Checks for Approval ( 02/08/2012 - 10:13 AM ) Page 36 Check Number Check Date Fund Name Account Name Vendor Name Amount AP - Checks for Approval ( 02/08/2012 - 10:13 AM) Page 37 Check Total: 1,078.92 204165 02/08/2012 Utility Fund Water Entr. /Heat/Light/Po Pacific Gas & Electric 12.90 Check Total: 12.90 204166 02/08/2012 Utility Fund WaterNehicle Repairs Powerplan 144.78 Check Total: 144.78 204167 02/08/2012 Utility Fund WaterNehicle Repairs Royal Coach Chevron Car Wash 100.00 Check Total: 100.00 204168 02/08/2012 Utility Fund Water /Clothing Allowance Sunset Linen Service 75.84 Check Total: 75.84 204169 02/08/2012 Utility Fund Water Ent/Distrib SystemRepair Syar Industries, Inc. 232.16 Check Total: 232.16 204170 02/08/2012 Utility Fund Water Entr. /Spec Dept Equ West Cal Tractor 553.99 Check Total: 553.99 204171 02/08/2012 Utility Fund Water Ent/Distrib SysterrRepair HDS White Cap Construction Supply 221.28 Check Total: 221.28 204172 02/08/2012 Utility Fund Sewer Entr. /Telephone AT &T 29.57 204172 02/08/2012 Utility Fund Sewer Entr. /Telephone AT &T 15.78 204172 02/08/2012 Utility Fund Sewer Entr. /Telephone AT &T 93.90 204172 02/08/2012 Utility Fund Sewer Entr. /Telephone AT &T 185.07 Check Total: 324.32 204173 02/08/2012 Utility Fund Sewer Entr. /Spec. Departm Business Card 9.52 204173 02/08/2012 Utility Fund Sewer Entr. /Miscellaneous Business Card 132.00 AP - Checks for Approval ( 02/08/2012 - 10:13 AM) Page 37 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 141.52 204174 204174 02/08/2012 02/08/2012 Utility Fund Utility Fund Vehicle Gas & Oil Vehicle Gas & Oil Chevron and Texaco Business Chevron and Texaco Business Ca Ca 60.00 114.45 Check Total: 174.45 204175 02/08/2012 Utility Fund Water Conservation Measures Thomas Collins 37.50 Check Total: 37.50 204176 02/08/2012 Utility Fund Sewer Entr. /Equipment Leas Dell Financial Services 579.33 Check Total: 579.33 204177 204177 02/08/2012 02/08/2012 Utility Fund Utility Fund Sewer Entr. /Miscellaneous Sewer Entr. /Miscellaneous Dept. of Emergency Services Dept. of Emergency Services 732.00 578.00 Check Total: 1,310.00 204178 02/08/2012 Utility Fund Water Conservation Measures Hugo Estrada 37.50 Check Total: 37.50 204179 204179 204179 02/08/2012 02/08/2012 02/08/2012 Utility Fund Utility Fund Utility Fund Sewer Entr. /Spec. Departm Sewer Ent/Collect SystemRepair Sewer Entr. /Spec. Departm Grainger, Inc. Grainger, Inc. Grainger, Inc. 14.61 63.92 10.18 Check Total: 88.71 204180 02/08/2012 Utility Fund Sewer Entr. /Small Tools Home Depot Credit Services 99.51 Check Total: 99.51 204181 02/08/2012 Utility Fund Sewer Entr. /Spec. Departm Martin Ranch Supply 51.00 Check Total: 51.00 204182 204182 02/08/2012 02/08/2012 Utility Fund Utility Fund Sewer Entr. /Vehicle Repair Sewer Entr. /Spec. Departm Pep Boys Pep Boys 13.39 26.04 AP - Checks for Approval ( 02/08/2012 - 10:13 AM) P— zR Check Number Check Date Fund Name 204183 02/08/2012 Utility Fund 204183 02/08/2012 Utility Fund 204184 02/08/2012 Utility.Fund 204185 02/08/2012 Utility Fund 204186 02/08/2012 Utility Fund 204187 02/08/2012 Utility Fund 204187 02/08/2012 Utility Fund 204187 02/08/2012 Utility Fund 204187 02/08/2012 Utility Fund 204188 02/08/2012 Utility Fund " 204189 02/08/2012 Utility Fund 204190 02/08/2012 Utility Fund 204191 02/08/2012 Utility Fund AP - Checks for Approval ( 02/08/2012 - 10:13 AM ) Account Name Vendor Name Amount Pace 39 Check Total: 39.43 Sewer Entr. /Spec Dept Equ Praxair Distribution Inc. - 19 19.55 Sewer Entr. /Miscellaneous Praxair Distribution Inc. - 19 690.29 Check Total: 709.84 Sewer Entr. /Clothing Allow Red Wing Shoes 300.00 Check Total: 300.00 Sewer Entr. /C/0-Vehicles/ Reliable Hardware & Steel Co. 339.39 Check Total: 339.39 Sewer Entr. /Vehicle Repair Royal Coach Chevron Car Wash 71.47 Check Total: 71.47 Sewer Entr. /C/0-Vehicles/ Six Robblees' Inc. 1,655.32 Sewer Entr. /C/0-Vehicles/ Six Robblees' Inc. 1,311.33 Sewer Entr. Nehicle Repair Six Robblees' Inc. 170.06 Sewer Entr. /Spec. Departm Six Robblees' Inc. 32.79 Check Total: 3,169.50 Sewer Entr. /Clothing Allow Sunset Linen Service 22.70 Check Total: 22.70 Sewer /Cell Phone Verizon Wireless 90.02 Check Total: 90.02 Sewer Entr. /Spec. Departm West Coast Graphics 105.03 Check Total 105.03 Refuse Col Entr /Contractual S So Co Reprographics 609.78 Pace 39 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 609.78 204192 02/08/2012 General Fund Development Svcs /Contractual S Vargas Greenan Architecture 14,887.00 Check Total: 14,887.00 204193 02/07/2012 General Fund P/S Personnel /Pers /Employee CALPERS 400.66 204193 02/07/2012 General Fund P/S Personnel /Pers /Employer CALPERS 1,559.01 204193 02/07/2012 General Fund Pers- Survivorship CALPERS 329.00 204193 02/07/2012 General Fund Pers Redeposit Payable CALPERS 2,694.42 204193 02/07/2012 General Fund P E R S Payable CALPERS 369,392.05 Check Total: 374,375.14 204194 02/08/2012 General Fund R.P. Comm. Cntr Bldg /Facilty ABM Janitorial Services - Nort 432.00 204194 02/08/2012 General Fund Burt/Ave Rec Cr Bldg/Facilty ABM Janitorial Services - Nort 846.00 Check Total: 1,278.00 204195 02/08/2012 General Fund Police /Spec Dept Equ Adcom/BHS 108.99 Check Total: 108.99 204196 02/08/2012 General Fund Non- Department /Training & Edu Dan Ager 495.00 Check Total: 495.00 204197 02/08/2012 Capital Projects Fund Wilfred- Dowdell Dist.Spec.Plan AMEC E &I, Inc 12,061.76 Check Total: 12,061.76 204198 02/08/2012 General Fund Animal Shelter Bidg/Facilty M Appliance Parts Equipment, Inc 49.00 Check Total: 49.00 204199 02/08/2012 General Fund Animal Shelter Bldg/Facilty M Aramark Uniform Services 43:40 Check Total: 43.40 204200 02/08/2012 General Fund Animal Shelter /Fac Maint/Non- ARCH'S GLASS, INC. 17.00 AP - Checks for Approval ( 02/08/2012 - 10:13 AM) Page 40 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 17.00 204201 02/08/2012 General Fund Benecia Pool /Telephone AT &T 15.75 204201 02/08/2012 General Fund Pac /Telephone AT &T 42.87 204201 02/08/2012 General Fund Ps Main Station /Telephone AT &T 154.01 204201 02/08/2012 General Fund R.P. Comm. Cntr /Telephone AT &T 45.86 204201 02/08/2012 General Fund Publ Works Gen /Telephone AT &T 14.36 204201 02/08/2012 General Fund Library /Contractual S AT &T 30.26 204201 02/08/2012 General Fund Center /Telephone AT &T 49.05 204201 02/08/2012 General Fund P/S Bldg -North /Telephone AT &T 41.53 204201 02/08/2012 General Fund Pubi Works Gen /Telephone AT &T 15.78 204201 02/08/2012 General Fund Data Processing /Telephone AT &T 185.07 204201 02/08/2012 General Fund Ps Main Station /Telephone AT &T 66.22 204201 02/08/2012 General Fund City Hall /Telephone AT &T 1,952.03 2042.01 02/08/2012 General Fund Ps Main Station /Telephone AT &T 288.68 204201 02/08/2012 General Fund Data Processing /Telephone AT &T 44.82 204201 02/08/2012 General Fund Publ Works Gen /Telephone AT &T 30.14 204201 02/08/2012 General Fund Ps Main Station /Telephone AT &T 540.50 204201 02/08/2012 General Fund R.P. Comm. Cntr /Telephone AT &T 30.28 204201 02/08/2012 General Fund City Hall /Telephone AT &T 59.35 204201 02/08/2012 General Fund Publ Works Gen /Telephone AT &T 59.35 204201 02/08/2012 General Fund Ps Main Station /Telephone AT &T 61.44 204201 02/08/2012 General Fund Animal Shelter /Telephone AT &T 30.28 204201 02/08/2012 General Fund H Pool /Telephone AT &T 71.73 204201 02/08/2012 General Fund Benecia Pool /Telephone AT &T 14.54 204201 02/08/2012 General Fund Magnolia Pool /Telephone AT &T 15.54 204201 02/08/2012 General Fund P/S Bldg -North /Telephone AT &T 29.64 204201 02/08/2012 General Fund P/S Bldg -South /Telephone AT &T 42.98 204201 02/08/2012 General Fund City Hall /Telephone AT &T 88.37 204201 02/08/2012 General Fund City Hall /Telephone AT &T 156.57 Check Total: 4,177.00 204202 02/08/2012 General Fund Police /Vehicle Repai Auto Repairs Unlimited 934.35 Check Total: - 934.35 204203 02/08/2012 General Fund R.P. Comm. Cntr /Contractual S Raizelah Bayen 546.00 Check Total: 546.00 204204 02/08/2012 General Fund Rec Ref Clearing Gagan Boparai -50.00 AP - Checks for Approval ( 02/08/2012 - 10:13 AM) paaP ai Check Number Check Date Fund Name Account Name Vendor Name Amount 204204 02/08/2012 General Fund Rec Ref Clearing Gagan Boparai 400.00 Check Total: 350.00 204205 02/08/2012 General Fund Legal Services /Professional Burke, Williams & Sorensen, LL 1,870.44 Check Total: 1,870.44 204206 02/08/2012 General Fund City Hall Bldg/Facilty Business Card 86.60 204206 02/08/2012 General Fund City Hall /Office Supplie Business Card 32.13 Check Total: 118.73 204207 02/08/2012 General Fund Non- Department /Spec. Departm Business Card 57.68 Check Total: 57.68 204208 02/08/2012 General Fund Police /Dues & Subscr Business Card 24.00 Check Total: 24.00 204209 02/08/2012 General Fund Fire Prevention /Small Tools Business Card 31.15 204209 02/08/2012 General Fund Fire Prevention /Travels & Mee Business Card 16.46 204209 02/08/2012 General Fund Fire Prevention /Travels & Mee Business Card 118.87 Check Total: 166.48 204210 02/08/2012 General Fund Data Processing /Spec. Departm BUSINESS CARD 247.67 204210 02/08/2012 General Fund Data Processing /Training & Edu BUSINESS CARD 110.00 Check Total: 357.67 204211 02/08/2012 General Fund Pac/Pasco /Advertising /P Business Card 52.50 Check Total: 52.50 204212 02/08/2012 General Fund R.P. Comm Cntr/Dues & Subscr BUSINESS CARD 90.00 204212 02/08/2012 General Fund Publ Works Gen /Training & Ed BUSINESS CARD 90.00 Check Total: 180.00 AP - Checks for Approval ( 02/08/2012 - 10:13 AM) Page 42 Check Number Check Date Fund Name Account Name Vendor Name Amount 204216 02/08/2012 General Fund 204216 02/08/2012 General Fund 204213 02/08/2012 General Fund Police /Training /Ed. - Business Card 175.60 204213 02/08/2012 General Fund Police /Training/Ed. - Business Card 185.60 204213 02/08/2012 General Fund Fire /Office Supplie Business Card 12.96 Check Total: 374.16 204214 02/08/2012 General Fund Publ Works Gen /Spec. Departm Business Card 10.26 204214 02/08/2012 General Fund Publ Works Gen /Training & Ed Business Card 60.00 Check Total: 70.26 204215 02/08/2012 General Fund Non - Department /Training & Edu Business Card 286.29 204215 02/08/2012 General Fund Police /Postage Business Card 58.37 204216 02/08/2012 General Fund 204216 02/08/2012 General Fund 204216 02/08/2012 General Fund 204216 02/08/2012 General Fund 204216 02/08/2012 General Fund 204216 02/08/2012 General Fund 204216 02/08/2012 General Fund 204216 02/08/2012 General Fund 204217 02/08/2012 General Fund 204218 02/08/2012 General Fund 204219 02/08/2012 General Fund Animal Control/Medications Animal Control/Medications Animal Control/Medications Animal Control /Medications Animal Control/Medications Animal Control /Medications Animal Control/Medications Animal Control/Medications Butler Schein Animal Health Su Butler Schein Animal Health Su Butler Schein Animal Health Su Butler Schein Animal Health Su Butler Schein Animal Health Su Butler Schein Animal Health Su Butler Schein Animal Health Su Butler Schein Animal Health Su Emplyee Benfits /State Unemplo CA EDD Dept Burt/Ave Rec Cr /Bldg/Facilty Animal Control/Medicatiom Cal - Steam Susan Caputo, DVM Check Total Check Total Check Total: Check Total: 344.66 1.83 331.57 9.14 56.06 376.71 168.45 192.25 125.53 1,261.54 160.89 160.89 491.60 491.60 125.00 Check Total: 125.00 204220 02/08/2012 General Fund Police /Vehicle Repai Carl's Body Shop 1,532.40 AP - Checks for Approval ( 02/08/2012 - 10:13 AM) Page 43 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 1 53240 204221 02/08/2012 General Fund R.P. Comm. Cntr /Contractual S Michele Carter Check Total: 204222 02/08/2012 General Fund Dawn Cerini 204222 02/08/2012 General Fund Dawn Cerini Check Total: 204223 02/08/2012 General Fund R.P. Comm. Cntr Bldg/Facilty Chem -Mark Dish Machine Service Check Total: 204224 02/08/2012 General Fund Police /Gas & Oil Chevron and Texaco Business Ca 204224 02/08/2012 General Fund Publ Works Gen /Gas & Oil Chevron and Texaco Business Ca 204224 02/08/2012 General Fund Police /Gas & Oil Chevron and Texaco Business Ca 204224 02/08/2012 General Fund Police /Gas & Oil Chevron and Texaco Business Ca Check Total: 204225 02/08/2012 General Fund Fire /Training & Ed City of Santa Rosa Check Total: 204226 02/08/2012 General Fund Development Svcs /Contractual S Code Source 204226 02/08/2012 General Fund Development Svcs /Contractual S Code Source Check Total: 204227 02/08/2012 General Fund Pac /Telephone Comcast 204227 02/08/2012 General Fund Center /Spec. Departm Comcast Check Total: 204228 02/08/2012 General Fund Animal Control /Advertising/P The Community Voice Check Total: AP - Checks for Approval ( 02/08/2012 - 10:13 AM ) 104.00 104.00 155.00 79.99 234.99 73.78 73.78 645.24 94.21 565.33 205.60 1,510.38 1,000.00 1,000.00 560.25 4,432.91 4,993.16 13.41 42.39 P,.s` 44 55.80 400.00 400.00 Check Number Check Date Fund Name 204229 02/08/2012 General Fund 204229 02/08/2012 General Fund 204229 02/08/2012 General Fund 204229 02/08/2012 General Fund 204229 02/08/2012 General Fund 204230 02/08/2012 General Fund 204230 02/08/2012 General Fund 204231 02/08/2012 General Fund 204231 02/08/2012 General Fund 204231 02/08/2012 General Fund 204231 02/08/2012 General Fund 204232 02/08/2012 General Fund 204233 02/08/2012 General Fund 204233 02/08/2012 General Fund 204234 02/08/2012 General Fund 204235 02/08/2012 General Fund 204236 02/08/2012 General Fund 204236 02/08/2012 General Fund Account Name Vendor Name Amount Animal Control /Spec. Departm Costco Wholesale R.P. Gymnasium /Concession Pu Costco Wholesale Animal Control /Spec. Departm Costco Wholesale Animal Control /Office Supplie Costco Wholesale Pac /Concessions Costco Wholesale Check Total: Data Processing /Equipment Leas Deli Financial Services Police /Equipment Leas Dell Financial Services 21.68 296.37 16.73 92.82 575.1.3 1,002.73 289.67 133.96 423.63 1,447.00 732.00 732.00 578.00 3,489.00 231.71 231.71 110.67 221.34 332.01 84.95 84.95 296.47 AP - Checks for Approval ( 02/08/2012 - 10:13 AM ) Page 45 296.47 4.10 168.27 Check Total: Publ Works Gen /Miscellaneous Dept. of Emergency Services Benecia Pool Bldg/Facilty Dept. of Emergency Services H Pool Bldg/Facilty Dept. of Emergency Services Magnolia Pool /Fac Maintenanc Dept. of Emergency Services Check Total: Pac /Facility Repa DTC Grip & Electric Check Total: City Hall /Spec. Departm ENERGY PLUS City Hall /Spec. Departm ENERGY PLUS Check Total: Police /Contractual S Entersect Check Total: City Hall Annex Bldg / Facilty First Alarm Sercurities Servic Check Total: City Hall /Spec. Departm Friedman's R.P. Gymnasium /Spec. Departm Friedman's 21.68 296.37 16.73 92.82 575.1.3 1,002.73 289.67 133.96 423.63 1,447.00 732.00 732.00 578.00 3,489.00 231.71 231.71 110.67 221.34 332.01 84.95 84.95 296.47 AP - Checks for Approval ( 02/08/2012 - 10:13 AM ) Page 45 296.47 4.10 168.27 Check Number Check Date Fund Name Account Name Vendor Name Amount AP - Checks for Approval ( 02/08/2012 - 10:13 AM ) Pace 46 Check Total: 172.37 204237 02/08/2012 General Fund Animal Control /Spec. Departm Frizelle -Enos Company 139.74 Check Total: 139.74 204238 02/08/2012 General Fund Sports Center /Contractual S Annee Geldert 3.20 204238 02/08/2012 General Fund Sports Center /Contractual S Annee Geldert 165.60 Check Total: 168.80 204239 02/08/2012 General Fund Police /Vehicle Repai Hansel Ford 102.06 204239 02/08/2012 General Fund Police Nehicle Repai Hansel Ford 372.96 204239 02/08/2012 General Fund Police Nehicle Repai Hansel Ford 32.29 204239 02/08/2012 General Fund Police Nehicle Repai Hansel Ford 36.03 Check Total: 543.34 204240 02/08/2012 General Fund Police /Miscellaneous Michael T. Hardin Investigations 1,336.90 204240 02/08/2012 General Fund Police /Miscellaneous. Michael T. Hardin Investigations 1,596.98 Check Total: 2,933.88 204241 02/08/2012 General Fund Rec. Programs /Community Gar Hertz Equipment Rental Corpora 43.40 Check Total: 43.40 204242 02/08/2012 General Fund Animal Control /Shelter Food Hill's Pet Nutrition Sales, In 34.72 204242 02/08/2012 General Fund Animal Control /Shelter Food Hill's Pet Nutrition Sales, In 30.38 204242 02/08/2012 General Fund Animal Control /Shelter Food Hill's Pet Nutrition Sales, In 19.42 204242 02/08/2012 General Fund Animal ControUShelter Food Hill's Pet Nutrition Sales, In 15.19 204242 02/08/2012 General Fund Animal Control /Shelter Food Hill's Pet Nutrition Sales, In 34.72 204242 02/08/2012 General Fund Animal Control /Shelter Food Hill's Pet Nutrition Sales, In 106.33 Check Total: 240.76 204243 02/08/2012 General Fund City Hall /Bldg /Facilty . The Hitmen Termite & Pest Control 60.00 204243 02/08/2012 General Fund R.P. Comm. Cntr Bldg/Facilty The Hitmen Termite & Pest Control 60.00 AP - Checks for Approval ( 02/08/2012 - 10:13 AM ) Pace 46 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 120.00 204244 02/08/2012 General Fund Non - Department /Self - Insured Home Depot Credit Services 35.01 204244 02/08/2012 General Fund Animal Control /Spec. Departm Home Depot Credit Services 26.32 204244 02/08/2012 General Fund R.P. Comm. Cntr /Bldg/Facilty Home Depot Credit Services 64.98 204244 02/08/2012 General Fund Streets & Bike /Spec. Departm Home Depot Credit Services 99.65 204244 02/08/2012 General Fund Streets & Bike /Spec. Departm Home Depot Credit Services 84.76 204244 02/08/2012 General Fund R.P. Comm. Cntr /Bldg/Facilty Home Depot Credit Services 6.48 204244 02/08/2012 General Fund R.P. Gymnasium /Spec. Departm Home Depot Credit Services 10.83 204244 02/08/2012 General Fund Park Maint /Spec. Departm Home Depot Credit Services 16.55 204244 02/08/2012 General Fund R.P. Comm. Cntr /Bldg/Facilty Home Depot Credit Services 32.83 204244 02/08/2012 General Fund Park Maint /Spec. Departm Home Depot Credit Services 5.09 Check Total: 382.50 204245 02/08/2012 General Fund PW- Landscape /Landscape Sup Horizon Distributors Inc. 63.11 Check Total: 63.11 204246 02/08/2012 General Fund R.P. Comm. Cntr /Contractual S Bettyjane Hotaling 4,644.90 204246 02/08/2012 General Fund R.P. Comm. Cntr /Contractual S Bettyjane Hotaling 35.10 Check Total: 4,680.00 204247 02/08/2012 General Fund Publ Works Gen /Spec. Departm Kelly Moore Paints 20.35 Check Total: 20.35 204248 02/08/2012 General Fund Animal Control /Contractual S Barbara Leach, D.V.M. 1,565.00 Check Total: 1,565.00 204249 02/08/2012 General Fund Non- Department /Professional Management Partners, Inc 3,225.00 Check Total: 3,225.00 204250 02/08/2012 General Fund Fire /Vehicle Repai MARKELL INC. 53.89 Check Total: 53.89 AP - Checks for Approval ( 02/08/2012 - 10:13 AM ) Page 47 Check Number Check Date Fund Name Account Name Vendor Name Amount 204251 02/08/2012 General Fund Sports Center /Contractual S Martial Arts Academy 650.00 204251 02/08/2012 General Fund Sports Center /Contractual S Martial Arts Academy 143.00 Check Total: 793.00 204252 02/08/2012 General Fund Animal Control /Medications Matheson Tri -Gas, Inc. 100.17 204252 02/08/2012 General Fund Animal Control /Medications Matheson Tri -Gas, Inc. 43.14 204252 02/08/2012 General Fund Animal Control /Medications . Matheson Tri -Gas, Inc. 35.78 Check Total: 182.09 204253 02/08/2012 General Fund Sports Center /Contractual S Julie McIntyre 160.00 Check Total: 160.00 204254 02/08/2012 General Fund Sports Center /Memberships Kyle Morgan 7.55 Check Total: 7.55 204255 02/08/2012 General Fund General Sales Tax MuniServices, LLC 500.00 Check Total: 500.00 204256 02/08/2012 General Fund City Hall /Office Supplie National Document Solutions, L 965.93 Check Total: 965.93 204257 02/08/2012 General Fund Warren Naumann 150.00 Check Total: 150.00 204258 02/08/2012 General Fund Publ Works Gen Nehicle Repai Nor -Cal Truckbodies, Inc. 1,268.35 Check Total: 1,268.35 204259 02/08/2012 General Fund Pac /Pasco /Advertising/P North Bay Bohemian 116.43 Check Total: 116.43 204260 02/08/2012 General Fund Publ Works Gen /Bldg /Facilty Northern California PlayWorks 310.00 AP - Checks for Approval ( 02/08/2012 - 10:13 AM) Page 48 Check Number Check Date Fund Name Account Name Vendor Name Amount 71.03 Check Total: 71.03 187.06 Check Total: 187.06 28.90 Check Total: 28.90 310.00 204261 02/08/2012 General Fund Police /Office Supplie Office Depot -4.82 204261 02/08/2012 General Fund Publ Works Gen /Office Supplie Office Depot 53.23 204261 02/08/2012 General Fund R.P. Comm. Cntr /Spec. Departm Office Depot 162.22 204262 02/08/2012 General Fund 204263 02/08/2012 General Fund 204264 02/08/2012 General Fund 204265 02/08/2012 General Fund 204266 02/08/2012 General Fund 204267 02/08/2012 General Fund 204268 02/08/2012 General Fund Non - Department /Self - Insured Pace Supply Park Maint /Heat/Light/Po Pacific Gas & Electric Non - Department /Heat/Light/Po Pacific Gas & Electric Non - Department /Heat/Light/Po Pacific Gas & Electric Non - Department /Heat/Light/Po Pacific Gas & Electric Streets & Bike /Heat/Light/Po Pacific Gas & Electric Streets & Bike /Heat/Light/Po Pacific Gas & Electric Check Total: 210.63 2,771.09 Check Total: 2,771.09 71.03 Check Total: 71.03 187.06 Check Total: 187.06 28.90 Check Total: 28.90 153.47 Check Total: 153.47 53.29 Check Total: 53.29 29.04 Check Total: 29.04 204269 02/08/2012 General Fund R.P. Gymnasium /Heat/Light/Po Pacific Gas & Electric 2,237.78 Check Total: 2,237.78 AP - Checks for Approval (02/08/2012 - 10:13 AM) Pace 49 Check Number Check Date Fund Name Account Name Vendor Name Amount 204270 02/08/2012 General Fund Pac/Pasco /Production Pam Enz Costuming Services 1,000.00 Check Total: 1,000.00 204271 204271 02/08/2012 02/08/2012 General Fund General Fund Pac /Concessions Pac/Pasco /Production Petty Cash - PAC Petty Cash - PAC 89.54 I a as 204272 02/08/2012 General Fund 204272, 02/08/2012 General Fund 204272 02/08/2012 General Fund 204273 02/08/2012 General Fund 204274 02/08/2012 General Fund 204275 02/08/2012 General Fund 204276 02/08/2012 General Fund 204277 02/08/2012 General Fund R.P. Comm. Cntr Bldg/Facilty BARC SummerCamp /Supplies Community Event/Spec. Dep Publ Works Gen /Gas & Oil Police /Travels & Mee Petty Cash - Rec Petty Cash - Rec Petty Cash - Rec PGE Patty Poon Streets & Bike /Spec. Departm Praxair Distribution Inc. - 19 Police /Office Supplie Rec Ref Clearing The Printer Doctor R.P.P.S.O.S.F. Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: 103.99 28.10 6.00 47.12 81.22 72.03 72.03 20.16 20.16 26.99 26.99 53.17 53.17 400.00 Check Total: 400.00 204278 02/08/2012 General Fund Sports Center /Contractual S Shelby Rasmussen 220.00 Check Total: 220.00 204279 02/08/2012 General Fund Publ Works Gen /Gas & Oil Redwood Coast Petroleum 1,404.94 204279 02/08/2012 General Fund Police /Gas & Oil Redwood Coast Petroleum 1,447.03 AP - Checks for Approval (02/081/1012 - 10:13 AM }. Page 50 Check Number Check Date Fund Name Account Name Vendor Name Amount 204279 02/08/2012 General Fund Publ Works Gen /Gas & Oil Redwood Coast Petroleum 1,468.37 204279 02/08/2012 General Fund Publ Works Gen /Gas & Oil Redwood Coast Petroleum 1,098.27 Check Total: 5,418.61 204280 02/08/2012 General Fund Development Svcs /Training & Ed Redwood Empire Association of 25.00 Check Total: 25.00 204281 02/08/2012 General Fund Animal Control /Training & Edu Redwood Empire Veterinary Tech 40.00 Check Total: 40.00 204282 02/08/2012 General Fund Publ Works Gen /Bldg/Facilty Redwood Lock & Key 329.04 Check Total: 329.04 204283 02/08/2012 General Fund Spay/Neuter Voucher $2 Dr. Joel Reif 1,020.00 Check Total: 1,020.00 204284 02/08/2012 General Fund Econ Develp /Travels & Mee Rohnert Park Chamber of Commer 25.00 204284 02/08/2012 General Fund T &E - City Represesentation Rohnert Park Chamber of Commer 25.00 Check Total: 50.00 204285 02/08/2012 General Fund R.P. Gymnasium Bldg/Facilty Roto- Rooter Plumbers 140.00 Check Total: 140.00 204286 02/08/2012 General Fund Police Nehicle Repai Royal Coach Chevron Car Wash 41.00 Check Total: 41.00 204287 02/08/2012 General Fund Police /Vehicle Repai Santa Rosa Auto Parts -15.12 204287 02/08/2012 General Fund Police Nehicle Repai Santa Rosa Auto Parts 27.73 204287 02/08/2012 General Fund Police /Vehicle Repai Santa Rosa Auto Parts 269.43 204287 02/08/2012 General Fund Police Nehicle Repai Santa Rosa Auto Parts 25.88 204287 02/08/2012 General Fund Police Nehicle Repai Santa Rosa Auto Parts 151.16 204287 02/08/2012 General Fund Police Nehicle Repai Santa Rosa Auto Parts -15.12 AP - Checks for Approval ( 02/08/2012 - 10:13 AM ) Page 51 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 443.96 204288 02/08/2012 General Fund Police /Uniforms Santa Rosa Uniform & Career Ap 101.88 Check Total: 101.88 204289 02/08/2012 General Fund Police Nehicle Repai SCOTT SIGNS 523.15 Check Total: 523.1.5 204290 02/08/2012 General Fund Streets &. Bike /Spec. Departm Six Robblees' Inc. 24.43 Check Total: 24.43 204291 02/08/2012 General Fund Police Nehicle Repai Smothers 14336 Check Total: 143.36 204292 02/08/2012 General Fund Pac/Pasco /Production Michella Snider 500.00 Check Total: 500.00 204293 02/08/2012 General Fund R.P. Comm. Cntr /Contractual S Randy Snyder 646.00 204293 02/08/2012 General Fund R.P. Comm. Cntr /Contractual S Randy Snyder 624.00 Check Total: 1,270.00 204294 02/08/2012 General Fund Non - Department /Advertising/P So Cc Reprographics 1,363.35 Check Total: 1,363.35 204295 02/08/2012 General Fund Animal Control /Contractual S Sonic.net, Inc. 9.95 Check Total: 9.95 204296 02/08/2012 General Fund Pac /Front House/P Sonoma Thunder 200.00 204296 02/08/2012 General Fund Pac /Production Sonoma Thunder 2,200:00 204296 02/08/2012 General Fund Pac /Pasco /Advertising/P Sonoma Thunder 800.00 AP - Checks for Approval ( 02/08/2012 - 10:13 AM) Dage 52 Check Number Check Date Fund Name Account Name Vendor Name Amount AP - Checks for Approval ( 02/08/2012 - 10:13 AM ) Paee 53 Check Total: 3,200.00 204297 02/08/2012 General Fund Publ Works Gen /Clothing Allo Sunset Linen Service 137.02 Check Total: 137.02 204298 02/08/2012 General Fund Streets & Bike /Spec. Departm Syar Industries, Inc. 184.66 Check Total: 184.66 204299 02/08/2012 General Fund Animal Control /Spec. Departm Target Bank 15.75 Check Total: 15.75 204300 02/08/2012 General Fund Police /Vehicle Repai Traction of Santa Rosa 1112 Check Total: 13.12 204301 02/08/2012 General Fund City Hall Bldg/Facilty Universal Building Services 1,150.00 Check Total: 1,150.00 204302 02/08/2012 General Fund Data Processing /Cellular Phone Verizon Wireless 90.02 204302 02/08/2012 General Fund Police / Cell Phone Verizon Wireless 38.01 204302 02/08/2012 General Fund Fire / Cell Phone Verizon Wireless 45.01 Check Total: 173.04 204303 02/08/2012 General Fund Non- Department /Self- Insured West Cal Tractor 446.64 Check Total: 446.64 204304 02/08/2012 General Fund PW -Storm Drains /Spec. Depa West Coast Graphics 65.61 204304 02/08/2012 General Fund Streets & Bike /Spec. Departm West Coast Graphics 733.57 Check Total: 799.18 204305 02/08/2012 General Fund Sports Center /Contractual S Mary-Rita Williamson 60.00 AP - Checks for Approval ( 02/08/2012 - 10:13 AM ) Paee 53 Check Number Check Date Fund Name Account Name Vendor Name Amount 204306 02/08/2012 General Fund Sports Center /Professional I Winning Edge Sports Training Check Total: Check Total: Report Total: 60.00 316.80 316.80 1,898,919.54 AP - Checks for Approval ( 02/08/2012 - 10:13 AM) Page 54 CITY OF ROHNERT PARK COMMUNITY DEVELOPMENT COMMISSION BILLS FOR ACCEPTANCE February 14, 2012 Check Numbers: 5875 -5880 Dated: Jan. 25, 2012 - Feb. 8, 2012 $ 14,650.23 TOTAL $ 14,650.23 Accounts Payable Checks for Approval User: ccolburn Printed: 02/09/2012 - 10:39 AM Check Number Check Date Fund Name Account Name Vendor Name 5875 01/25/2012 Low & Moderate Income Housing Avram Ave Sw Blvd Feasability Seifel Consulting Inc Check Total: 5876 01/30/2012 Redevelopment General Fund Professional Services Burke, Williams & Sorensen, LL Check Total: 5877 01/30/2012 Redevelopment General Fund Contractual Services Union Bank, N.A. Check Total: 5878 01/30/2012 Redevelopment General Fund Community Ctr Retrofit Local Government Services 5878 01/30/2012 Redevelopment General Fund Rec & Com Facilities Improve Local Government Services Check Total: 5879 01/30/2012 Redevelopment General Fund Contractual Services Foxtail Irrevocable Trust Check Total: 5880 02/08/2012 Low & Moderate Income Housing SW Blvd Affordable Housing Winzler & Kelly Check Total: AP - Checks for Approval ( 02/09/2012 - 10:39 AM ) Page 1 Amount 3,621.51 3,621.51 2,460.12 2,460.12 60.00 60.00 446.50 1,786.00 2,232.50 1,264.24 1,264.24 5,011.86 5,011.86 Check Number Check Date Fund Name Account Name Vendor Name Report Total: AP - Checks for Approval ( 02/09/2012 - 10:39 AM ) Page 2 Amount 14,650.23 CITY OF «IUHIERT PARK Gas Tax Fund: Sec. 2107 Maint. /Const $318,865.22 Sec. 2107.5 Engineering 6,000.00 To: The Honorable Mayor &`Members of the City Council From Cathy Orrr►e CO Sec. 2106 Maint.Const City Manager Gabriel Gonzalez Acting Finance Directo Sec. 2105 Maint. /Const. 129,937.74 Date:January 25, 2012 ; CASH REPORT 3,607.83 R &T7360 Prop 42 Swap CASH BALANCES AS OF •DECEMBER 31, =`2011 �: 1,153,399.39 GENERAL FUND UNRESTRICTED CASH 368,230.56 General Fund Unrestricted Cash ($2,042,896.78) 1,865,689.75 Petty Cash 3,826.00 102,229.81 Dental Self- Insurance Cash 227,198.78 217,743.91 R.E.M.I.F. Cash 34,654.03. 626,056.25 General Fund Reserve 391,249.97 1,587,86 General Fund Endowment Reserve 358,620.94 44,972,68 Reserve For Self- Insured Losses 1,116,863.50 Reserve For. Retired Employee Medical 2,578,992.00 Reserve for Dev. of Add'I Rec. Facilities 30,094.56 . Miscellaneous Reserve(CDC Loan Principal Repayment) 616,000.00 TOTAL GENERAL FUND UNRESTRICTED CASH 3,314,603.00 GENERAL FUND RESTRICTED CASH Traffic Safety Cash 724,784.85 Vehicle Abatement Cash 180,908.01 Spay /Neuter Forfeiture Cash 91,379.72 Crime Prevention Donations 8,102.06 Donations Signs 500.00 K -9 Donations 19042.20 Animal Shelter Donations 18,681.13 D.A.R.E. Donations 1,036.06 Y &FS Donations 18,009.38 Senior Center Donations 105;455.19 PAC Gifts/Donations 24,725.01 Sonoma Co. Explorer Advisory 3,539.93 Public Safety Explorer 7,506.35 Alcohol Education Fee 70,605.59 Cotati- RP /SSU Alcohol Coalition 56,322.12 General Fund- Refundable Deposits 600,723.37 Annexation Fees Cash 59,296.42 PEG Franchise Fees 67,069.84 General Plan Maintenance Fee 177,339.29 Technology Equipment Cash 49,187.84 Reserve For Housing Programs 240,346.00 TOTAL GENERAL FUND RESTRICTED CASH 2,506,560.36 ENTERPRISE FUND CASH Water Utility Operations Fund 4,347,609.33 Water Utility-Rate Stabilization 800,000.00 Water Utility -Meter Replacement 400,000.00 , Water Utility - Capital Projects 500,000.00 6,047,609.33 Per Acre For Development Fee Fund 95,783.71 Sewer Utility Operations Fund 3,600,562.34 Sewer CapacityCharge Fund 1,689,186.93 Garbage Utility Operations Fund 279,890.50 Garbage Utility Fund -Rate Stabilization 380,096.10 Garbage Utility Fund - Diversion /Education Set -aside 449,308.35 1,109,294.95 Utility Fund - Refundable Deposits 226,692.73 TOTAL ENTERPRISE FUND CASH 12,769,129.99 SPECIAL REVENUE FUND CASH Gas Tax Fund: Sec. 2107 Maint. /Const $318,865.22 Sec. 2107.5 Engineering 6,000.00 Sec. 2106 Maint.Const 192,575.69 Sec. 2105 Maint. /Const. 129,937.74 SB 140 3,607.83 R &T7360 Prop 42 Swap 502,412.91 1,153,399.39 Measure M Streets Fund 368,230.56 Traffic Signals Fund 1,865,689.75 Prop 1 B Fund 102,229.81 Capital Outlay Fund 217,743.91 Public Facilities Finance Fee Fund 626,056.25 Traffic Congestion Relief Fund 1,587,86 Rent Appeals Board Fund 44,972,68 TOTAL SPECIAL REVENUE FUNDS CASH 4,379,910.21 Capital Project Funds 211,202.46 TRUST AND AGENCY FUNDS CASH Special Enforcement Unit -South 151,539.22 California Employers' Retiree Benefit Trust (CERBT) 1,200,456.41 Performing Arts Center Endowment Fund 1,265,851.00 Cash with Fiscal Agent (2002C CSCDA Wastewater Revenue Bonds) 0.06 Cash with Fiscal Agent (2005A CSCDA Water/Wastewater Revenue Bonds) 1,083,027.01 TOTAL TRUST AND AGENCY FUNDS CASH 3,700,873.70 TOTAL CASH $26,882,279.72 CASH DISTRIBUTION AS OFDEC`EMB'ER 31,. s2011 Petty Cash x $3,826.00 Payroll Checking Account - Exchange Bank x 0.00 General Checking Account - Exchange Bank @ 0.050% 2,146,400.82 Recreation. Checking Account - Exchange Bank @ 0.050% x 74,603.47 Subtotal of Petty Cash and Checking Accounts Credit Card Payment Savings Accounts: Finance Department Subtotal of Cash In Credit Card Savings Accounts Local Agency Investment Fund (LAIF) Sonoma County Investment Pool (SCIP) Exchange Bank Savings Passbook Union Bank -Sweep Account Union Bank - Trust for Medium Term Notes Certificates of Deposit Revenue Bonds California Employers' Retiree Benefit Trust (CERBT) Investment Accounts -See Schedule of Investments Attached Total Cash Distribution December 31, 2011 Investment Yield for December 2011 0.708% INVESTMENT POLICY & SUFFICIENT FUNDS DISCLOSURES 2,224,830.29 x 88,841.65 88,841.65 x 18,614,387.71 x 143,771.99 x 24,340.71 x 0.74 x 1,000,000.00 x 2,502,623.15 x 1,083,027.07 x 1,200,456.41 24,568,607.78 $26,882,279.72 The investments above are in compliance with the investment policy of the City of Rohnert Parkas outlined in the City of Rohnert Park City Council Resolution #2006 -105, adopted April 25, 2006. The City currently has sufficient idle funds to meet it's expenditure requirements for the next six months. CITY OF'ROHNERT PARK - SCHEDULE OF INVESTMENT DECEMBER 31, 2011 # of Invmnts % Of Portfolio Maturity % Investment Investment Valuation Bank Name Type Date Int. Par Value Market Value Source Exchange Bk Savings Svgs N/A 0.050% $24,340.71 $24,340.71 Note (1) Union Bank Sweep Account Svgs N/A 0.000% , $0.74 $0.74 Note (2) National Republic Bank of Chict C.D. 01111/12 1.000% 99,000.00 99,000.00 Note (1) Equity Bank C.D. 03/12/12 2.650% 99,000.00 99,000.00 Note (1) First Federal S & L -San Rafael C.D. 03/22/12 2.900% 99,000.00 99,000.00 Note (1) Frontier State Bank C.D. 04/30/12 5.290% 99,000.00 99,000.00 Note (1) Mutual of Omaha Bank C.D. 04/25112 0.800% 99,000.00 99,000.00 Note (1) Coastal Community Bank C.D. 05/03/12 1.600% 99,000.00 99,000.00 Note (1) Bank of Nashville C.D: 08/06112 4.000% 99,000.00 99,000.00 Note (1) Plaza Bank C.D. 07/31/12 2.713% 99,000.00 99,000.00 Note (1) First Bank of Puerto Rico C.D. 08/15/12 1.650% 99,000.00 99,000.00 Nate (1) Business Bank of Fox River Vail C.D. 102/9112 2.500% 99,000.00 99,000.00 Note (1) First California Bank C.D. 11/10/12 2.050% 100,000.00 100,000.00 Note (1) First California Bank C.D. 12/23/12 2.050% 100,000.00 100,000.00 Note (1) Heritage Bank C.D. 01/11/13 2.650% 99,000.00 99,000.00 Note (1) Synovus Bank of Jacksonville C.D. 02/07/13 1.390% 99;000.00 99,000.00 Note (1) Center Bank C.D. 03/13/13 1.150% 99,000.00 99,000.00 Note (1) First Community Bank - Whitehal C.D. 03/22/14 0.500% 99,000.00 99,000.00 Note (1) American Bank C.D. 04/27/13 3.200% 99,000.00 99,000.00 Note (1) First Financial Bank C.D. 05/26/13 1.100% 99,000.00 99,000.00 Note (1) Capital One Bank C.D. 07/08/13 4.880% 99,000.00 99,000.00 Note (1) Merchantile Trust C.D. 07110/13 4.850% 99,000.00 99,000.00 Note (1) Central Progressive Bank C.D. 08/29/13 5.100% 99,000.00 99,000.00 Note (1) World's Foremost Bank C.D. 09/20/13 5.250% 100,000.00 100,000.00 Note (1) Discover Bank C.D. 10/20113 5.110% 116,536.95 116,536.95 Note (6) McFarland State Bank C.D. 10/28/13 4.940% 99,000.00 99,000.00 Note (1) Columbia State Bank C.D. 04/24/14 2.230% 106,086.20 106,086.20 Note (6) Total C.D.s 2.876% $2,502,623.15 $2,502,623.15 State of Calif: LAIF Pooled N/A 0.385% $18,614,387.71 $18,614,387.71 Note (3) So. Co. Investmt. Pool Pooled N/A 0.567% 143,771.99 143,771.99 Note (4) Total Managed Pools 0.386% $18,758,159.70 $18,758,159.70 FFCB MTN #31331KZ29 M.T.N. 12/07/15 1.330% 1,000,000.00 1,003,880.00 Note (2) Total Medium Term Notes 1.330% $1,000,000.00 $1,003,880.00 Subtotal(See Investment Summary below) 0.708% $22,285,124.30 $22,289,004.30 2002C W/WW Revenue Bonds Project Acct. 0.000% 0.00 0.00 Note (5) 2002C W/WW Revenue Bonds Inst Pmt Acct. 0.010% 0.06 0.06 Note (5) 2005A CSCDA W/W Rev Bonds - Clearing A/C 0.000% 0.00 0.00 Note (5) 2005A CSCDA W/W Rev Bonds - Revenue A/C 0.000% 0.06 0.06 Note (5) 2005A CSCDA WM Rev Bonds- Interest Fund 0.000% 0.04 0.04 Note (5) 2005A CSCDA WM Rev Bonds - Principal Fd. 0.000% 0.10 0.10 Note (5) 2005A CSCDA W/W Rev Bonds -COI Acct. 0.000% 0.00 0.00 Note (5) 2005A CSCDA W/W Rev Bonds - Installment Fd 0.000% 0.12 0.12 Note (5) 2005A CSCDA W/W Rev Bonds - Project Acct. 0.010% 1;083,026.69 1,083,026.69 Note (5) Revenue Bond Totals 0.010% $1,083,027.07 $1,083,027.07 California Employers' Retiree Benefit Trust (CERBT) 3.500% 1,200,456.41 1,200,456.41 Note (7) Totals $24,568,607.78 $24,572,487.78 Note (1) These are investments in Certificates of Deposit. Current Market Value and Par Value are typically equal as interest is received monthly. Note (2) Union Bank current market values as of December 31, 2011 are presented. Note (3) These are funds invested in the Local Agency Investment Fund, State of California. Current Market and Par Value are typically equal. Interest is received quarterly and the Par Value remains the same. Note (4) These are funds invested in the Sonoma County Investment Pool. Current Market Value and Par Value are typically equal. Interest Is received quarterly and the Par Value remains the same. Note (5) These funds are being held by Union Bank of California acting as a Trustee and Agent for the City of Rohnert Park. The current market values and interest rates are from the monthly statements from Union Bank. Note (6) These are. investments in Certificates of Deposits. Interest is compounded on investment. Note (7) These fund are held by CALPERS. INVESTMENT SUMMARY BY TYPE December 31, 2011 Investment Type # of Invmnts % Of Portfolio Avg. YTM Par Value Market Value Average Days TM Passbook Svgs- M.M.A.'s 1.00 0.11% 0.050% $ 24,341 $ 24,341 1 Union Bank Sweep 1.00 0.00% 0.000% 1 1 1 CD's -Banks 26.00 11.23% 2.876% 2,502,623 2,502;623 389 Medium Term Notes 1,00 4.49% 1.330% 1,000,000 1,003,880 1,312 Managed Pools(LAIF /SCIP) 2.00 84.17% 0.386% 18,758,160 18,758,160 1 29.00 100.00% $ 22,285,124 $ 22,289,004 IMPROVEMENT PROJECT FUND Fiscal Year 2011 /2012 Summary of Revenue & Expenditures As of December 31, 2011 Balance @ Current Fiscal Year Balance @ Project No. and Description 06/30/11 Revenue Expenditures 12/31/11 2004 -03 Comm Meter Install.-Phase If (36,594.32)' 36,594.32 0.00 0.00 2004 -08 Distribution System Improvements 150,529.50 0.00 0.00 150,529.50 200415 University Dist. Specific Plan 33,268.79 (18,715.60) (41,507.45) 56,060.64 200416 Northeast District Specific Plan 5,278.75 (2,741.42) 7,869.73 (5,332.40) 200417 Southeast District Specific Plan (27,974.85) (6,684.98) (3,461.23) (31,198.60) 200418 Northwest District Specific Plan (10,183.43) 0.00 6,192.60 (16,376.03) 2004 -19 Wilfred /Dowdell Dist. Spec. Plan (188,253.19) 0.00 9,160.30 (197,413.49) 200420 Public Facs.Finance Spec. Plan (74,400.63) 85,045.38 22,112.25 (11,467.50) 2004 -21 Water Supply Assmt. Project (12,122.70) 0.00 0.00 (12,122.70) 200425 Stadium Lands Specific Plan (89,676.91) 0.00 1,865.41 (91,542.32) 200433 City Hall Acquisition /Renovation 0.00 0.00 0.00 0.00 2005 -07 Coleman Creek Drain Ext. 55,708.38 0.00 819.00 54,889.38 2005 -10 RPX Widening -East 0.00 0.00 0.00 0.00 2006 -04 Copeland Creek Drainage Facility 54,946.96 0.00 0.00 54,946.96 2006 -09 Water Tank#8 Project (1,781.58) 0.00 0.00 (1,781.58) 2006 -14 Sonoma Mtn Village Development 55,545.76 (1,498.66) (3,851.78) 57,898.88 2006 -17 101/Wilfred Wtr Vault Relocation 0.00 0.00 0.00 0.00 2007 -02 Eastside Trunk Sewer Proj -Phase 2 549,551.99 0.00 51,667.11 497,884.88 2007 -03 Snyder Ln /Bridge Widening (259.75) 0.00 0.00 (259.75) 2007 -15 Adrian Dr Underground Phase 11 (2,834.56) 0.00 546.00 (3,380.56) 2007 -19 Trail to Crane Creek Park (889.04) 0.00 0.00 (889.04) 2008 -02 2009 Street Surface Repairs(closed) 0.00 0.00 0.00 0.00 2008 -03 Tanks 1,3 & 4 Exterior Recoat (1,554.75) 0.00 21,690.50 (23,245.25) 2009 -01 American Recov Act St Maint 11,053.38 262,621.49 119,374.38 154,300.49 2009 -02 2009 Sewer Main Rehabilitation (1,291.50) 0.00 0.00 (1,291.50) 2010 -05 Wilfred Widening (4,648.75) 0.00 596.50 (5,245.25) 2010 -07 Arlen Dr & E. Cotati Av Overlays 0.00 1,448.25 3,637.28 (2,189.00) 2010 -08 Copeland Crk Bike Path Reconstr. (18,172.89) 28,758.91 .55,132.31 (44,546.29) 2010 -09 2011 Various. Streets Overlays 0.00 588,958.90 599,862.53 (10,903.63) 2010 -10 Community Ctr Fountain Demolition 0.00 0.00 0.00 0.00 2010 -11 LED Street Lights (70,610.31) 0.00 10,280.91 (80,891.22) 2010 -12 Energy Mgmnt System for PS Bldg (5,023.13) 0.00 (178.60) (4,844.53) 2011 -02 Pedestrian Safety Improvement (24,292.00) 62,068.30. 171,333.32 (133,557.02) 2011 -03 Water Meter Installation Project (1,710.50) 0.00 65.25 (1,775.75) 2011 -04 Sewer Interceptor Phase II (993.00) 44,585.16 61,579.41 (17,987.25) 2011 -06 Tanks 1 &2 Ladder Safety Upgrade (1,026.96) 0.00 19,680.89 (20,707.85) 2011 -07 Alta Av & Almond St W &S Rehab 0.00 0.00 64,316.29 (64,316.29) 2011 -08 Rancho Verde Traffic Signal 0.00 0.00 29,656.97 (29,656.97) 2011 -09 Dowdell Right of Way Acquisition 0.00 0.00 2,386.50 (2,386.50) Sub -total $341,588.76 $1,080,440.05 $1,210,826.35 $211,202.46 Accounts Payable $73,221.45 ($73,22.1.45) $0.00 Accounts Receivable ($29,640.66) $29,640.66 $0.00 Total Improvement Project Fund 385,169.55 $211,202.46 IMPROVEMENT PROJECT FUND Fiscal Year 201012011 Recap of Project Expenditures As of December 31, 2011 Est. Total Current Mo. Fiscal Year Expenditures Project Project No. and Description: Expenditures Expenditures Total Expenditures 2004 -03 Comm Meter Install.-Phase 11 & III 0.00 0.00 2,744,133.58 2,709,300 2004 -05 Eastside Sewer Project 0.00 0.00 13,850,939.95 6,558,600 2004 -08 Distribution System Improvements 0.00 0.00 161,671.54 2,235,000 2004 -15 University District Specific Plan (16,437.00) (41,507.45) 368,527.89 TBD 2004 -16 Northeast District Specific Plan 6,910.50 7,869.73 106,788.73 TBD 200417 Southeast District Specific Plan 1,354.49 (3,461.23) 141,890.04 250,000 2004 -18 Northwest District Specific Plan 3,539.40 6,192.60 25,265.44 40.0,000 2004 -19 Wilfred/Dowdell Dist. Spec Plan 417.75 9,160.30 195,024.09. TBD 200420 Public Facs.Finance Spec. Plan 2,892.00 22,112.25 300,508.78 TBD 200421 Water Supply Assmt. Project 0.00 0.00 1,321,770.17 1,232,000 200425 Stadium Lands Specific Plan 0.00 1,865.41 112,496.87 100,000 200433 City Hall AcgJRenovation 0.00 0.00 8,682,081.18 8,683,000 2005 -07 Coleman Creek Drain Ext. 0.00 819.00 547,732.56 545,905 2005 -10 RPX Widening -East 0.00 0.00 35,045.22 5,901,800 2006 -04 Copeland Creek Drainage Facility 0.00 0.00 9,538.43 4,065,000 2006 -09 Water Tank #8 Project 0.00 0.00 38,889.84 4,000,000 2006 -14 Sonoma Mtn Village Development (2,046.93) (3,851.78) (60,826.48) 400,000 2006 -17 101/Wilfred Wtr Vault Relocation 0.00 0.00 175,722.84 233,195 2007 -02 Eastside Trunk Swr Proj -Phase 2 4,127.00 51,667.11 251,706.54 11,207,817 2007 -03 Snyder Lane /Bridge Widening 0.00 0.00 53,198.64 4,680,118 2007 -15 Adrian Dr Underground Phase 11 0.00 546.00 3,380.56 831,900 2007 -19 Trail to Crane Creek Park 0.00 0.00 889.04 711,270 2008 -02 2009 Street Surface Repairs 0.00 0.00 431,411.31 295,131 2008 -03 Tanks 1,3 & 4 Exterior Recoat 10,735.75 21,690.50 23,261.54 1,000,000 2009 -01 American Recov Act St Maint 1,422.42 119,374.38 1,408,568.73 1,900,000 2009 -02 2009 Sewer Main Rehabilitation 0.00 0.00 244,572.07 600,000 2010 -05 Wilfred Widening 272.25 596.50 5,245.25 0 2010 -07 Arlen Dr & E. Cotati Av Overlays 1,676.00 3,637.25 72,982.28 1,114,700 2010 -08 Copeland Crk Bike Path Reconstr. 31,907.91 55,132.31 125,578.10 746,675 2010 -09 2011 Various Streets Overlays 3,744.00 599,862.53 690,025.33 1,079,000 2010 -10 Community Ctr Fountain Demolition 0.00 0.00 0.00 30,000 2010 -11 LED Street Light Conversion 2,564.45 10,280.91 79,690.07 75,000 2010 -12 Energy Mgmnt System for PS Bldg 0.00 (178.60) 4,152.45 72,690 2011 -02 Pedestrian Safety Improvement 126,055.49 171,333.32 195,625.32 200,000 2011 -03 Water Meter Installation Project 0.00 65.25 1,775.75 600,000 2011 -04 Sewer Interceptor Phase 11 48,024.41 61,579.41 62,572.41 6,653,075 2011 -06 Tanks#1 & 2 Ladders Safety Upgrade 0.00 19,680.89 19,680.89 95,600 2011 -07 Alta Av & Almond Swr & Wtr Rehab 25,958.81 64,316.29 64,316.29 5,200,000 2011 -08 Rancho Verde Traffic Signal 5,046.25 29,656.97 29,656.97 300,000 2011 -09 Dowdell Right of Way Acquisition 1,146.00 2,386.50 2,386.50 578,550 TOTALS $259,310.95 $1,210,826.35 $32,527,876.71 75,284,726 CAPITAL OUTLAY FUND Fiscal Year 2011/2012 Summary of Revenue and Expenditures December 31, 2011 Balance @ Current Fiscal Year Balance @ CAPITAL OUTLAY FUND: June 30, 2011 Revenue Expenditures December 31, 2011 Residential $217,325.84 $0.00 $0.00 217,743.91 Community Facilities 0.00 0.00 0.00 0.00 Open Space 0.00 0.00 0.00 0.00 Total Capital Outlay Fund $217,325.84 $0.00 $0.00 $217,743.91 ITEM NO.7 Mission Statement "We Care/or Our Residents by Working Together to Build a Better Community for Today and Tomorrow. " CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: February 14,2012 Department: City Manager's Office Submitted By: Gabriel Gonzalez, City Manager Prepared By: Angie Smith, Purchasing Agent Agenda Title: Purchasing Program RECOMMENDED ACTION: Consideration of Introduction of an Ordinance Repealing and Replacing Chapter 3.04 "Purchasing Program," of Title 3, "Revenue and Finance," of the Rohnert Park Municipal Code BACKGROUND: Currently City purchasing is conducted in accordance with Rohnert Park Municipal Code Ordinance No. 754, Chapter 3.04, as adopted in March 2006. While this ordinance provides a framework for the purchasing function, the City Manager determined that a set of specific policies focused on cash management, tighter internal controls, and staff accountability would facilitate achievement of long-term fiscal recovery goals. A draft set of purchasing policies was presented to City Council at its meeting on January 24, 2012, followed by a power point presentation. Council gave direction to bring the policies back for approval. Before the new policies can be brought forward to City Council for approval, the current Ordinance Chapter 3.04 "Purchasing Program" of Title 3 "Revenue and Finance," needs to be repealed and replaced. ANALYSIS: The City Attorney drafted the new Ordinance, which allows for future changes in purchasing to be done by way of resolution. 1 ITEM NO.7 FISCAL IMP ACT/FUNDING SOURCE: While a goal of the new Purchasing Program is to facilitate reduction in the cost of purchases, a dollar value cannot be assigned to that potential savings. No additional funding is required for policy implementation. FURTHER ACTION: Staff is currently working to develop procedures that reflect the policy. All City staff responsible for making purchases will undergo training on the new policy and procedures. CONCLUSION: Staff is requesting City Council: Approve Introduction of Ordinance Repealing and Replacing Chapter 3.04 (Purchasing Program), of Title 3 (Revenue and Finance), of the Rohnert Park Municipal Code Department Head Approval Date: City Manager Approval Date: City Attorney Approval Date: Attachments: 1. Ordinance for Introduction 2. Purchasing Policy 2 ORDINANCE NO. 843 AN ORDINANCE OF THE CITY OF ROHNERT PARK REPEALING AND REPLACING CHAPTER 3.04, "PURCHASING PROGRAM" OF TITLE 3, "REVENUE AND FINANCE," OF THE ROHNERT PARK MUNICIPAL CODE WHEREAS, Government Code sections 54201 et seq. govern purchasing by local governmental bodies and require that every local agency adopt policies and procedures to govern their purchases of supplies and equipment; WHEREAS, Chapter 3.04 of the Rohnert Park Municipal Code was originally adopted in 1970 to address the purchasing program and was last updated in March 2006 pursuant to Ordinance No. 754; and WHEREAS, the City Council at its regular meeting of January 24, 2012, reviewed and discussed an Administrative Purchasing Policy developed by City staff to increase accountability and clarify the purchase procedures; and WHEREAS, the Administrative Purchasing Policy is current with today's purchasing standards set by state law; WHEREAS, the Chapter 3.04 is no longer current with the purchasing standards set by state law and is not as comprehensive as the Administrative Purchasing Policy; WHEREAS, the City Council, by separate resolution, shall adopt the Administrative Purchasing Policy as the policy governing the City's purchasing function; and WHEREAS, the City Council now desires to repeal and replace Chapter 3.04, "Purchasing Program," of Title 3, "Revenue and Finance," of the Rohnert Park Municipal Code. NOW, THEREFORE, the City Council of the City of Rohnert Park does ordain as follows: Section 1. Recitals. The City Council of the City of Rohnert Park does hereby find that the above referenced recitals are true and correct and material to the adoption of this Ordinance. Section 2. Repeal and Replacement. Chapter 3.04 of the Rohnert Park Municipal Code (Purchasing Program) is hereby repealed in its entirety and shall be replaced to read as follows: 3.04.010 - Purpose. The purpose of this chapter is to establish efficient policies and procedures to govern the purchase of materials, supplies, equipment, vehicles and service and to dearly define authority for the purchasing function. 3.04.020 - Applicable Policies. The City's purchasing functions shall be governed by the City's Administrative Purchasing Policy, which shall be adopted by resolution of the City Council, as may be amended from time to time. 1 Section 3. Publication. The City Clerk is directed to certify the adoption of this ordinance and cause the ordinance to be published in the manner required by law. Section 4. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. This ordinance was introduced on the 14th day of February 2012 and DULY AND REGULARLY ADOPTED this 28th day of February 2012 by a vote of the City Council as follows: AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF ROHNERT PARK Interim City Clerk Carol Adams Mayor Jake Mackenzie Approved as to Form: City Attorney 2 CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO, POLICY NO. EFF.DATE PAGE PURCHASING 1 TABLE OF CONTENTS CHAPTER 1. GENERAL INFORMATION 1.1 CONTROLLING REGULATIONS ........................................................ PAGE 3 1.2 ETHICS AND ACCOUNTABILITy................................. ......... .............. PAGE 3 1.3 PURCHASING AGENT RESPONSiBILITIES.................. ...... ............ ... ..... PAGE 4 1.4 DEPARTMENT RESPONSiBILITIES............ ...... ... ... ......... ...... ......... ..... PAGE 5 CHAPTER 2. ENCUMBRANCE OF FUNDS ............................................... PAGE5 CHAPTER 3. PURCHASING METHODS ................................................... PAGE5 3.1 PETTY CASH ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... ..... PAGE 5 3.2 CREDIT CARDS ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .......... PAGE 6 3.3 PURCHASE AUTHORIZATIONS ... ... ... ...... ... ... ... ... ... ... ... ... ... ... ... ... .... PAGE 6 3.4 PURCHASE REQUiSiTIONS............................................................ PAGE 6 3.5 PURCHASE ORDERS ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ........ ... ..... PAGE 7 3.6. CONTRACTS FOR GOODS AND SERVICES... ... ... ...... ........... ... ... ..... PAGE 8 - STANDING SUPPLY PURCHASE ORDERS......................................... PAGE 9 - MASTER SERVICE AGREEMENTS.. . .. . . . . ... ... .. . ...... ... ... ..... . ... .. . ... . .. PAGE 9 - COOPERATIVE PURCHASE AGREEMENTS ... ...... ... ... ... ... .......... ...... ... PAGE 9 - CONSULTANT AND PROFESSIONAL SERVICES AGREEMENTS................. PAGE 10 - CONTRACTS FOR NON-PUBLIC PROJECTS, GOODS AND GENERAL SERVICES... ... ... '" ... ... ... ...... ...... ...... ... ... ... ... ... ... ... ... ... ... ... ..... PAGE 10 - CONTRACTS FOR PUBLIC PROJECTS... ... ... ... ... ... ... ... ... ... ... ... .. PAGE 10 - JOB ORDER CONTRACTS ... ... ... ... ...... ...... ... ... ...... ... ... ... ... ... ... ..... PAGE 12 3.7 CHANGE ORDERS, TASK ORDERS, AND CONTRACT AMENDMENTS ... .......... PAGE 12 3.8 URGENT AND EMERGENCY PURCHASES.. . ... ...... '" ... ... ... ... ... ...... ... .... . PAGE 12 CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO, POLICY NO. EFF.DATE PAGE PURCHASING 2 CHAPTER 4. INFORMAL COMPETITIVE PRICING - GOODS AND SERVICES (NON-PUBLIC PROJECTS) .................................................... PAGE 14 4.1 COMPETITIVE QUOTES. . . . .. ... ... . . . . .. .. . . . . ... . .. .. . '" . .. . .. . .. . .. .. . . .. ... . . . .. . PAGE 14 CHAPTER 5. FORMAL COMPETITIVE PRICING - GOODS AND SERVICES (NON-PUBLIC PROJECTS) ................................................. PAGE 14 5.1 REQUEST FOR PROPOSALS (RFP) ....................................................... PAGE 14 5.2 INVITATION FOR BID (IFB) ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .......... PAGE 15 CHAPTER 6. LOCAL VENDOR/BIDDER PREFERENCE ........................... PAGE 15 CHAPTER 7. EXEMPTIONS FROM COMPETITIVE PRICING ....................... PAGE 15 7.1 PURCHASES NOT READILY ADAPTABLE TO COMPETITIVE PRiCiNG......,. . .. . . PAGE 15 7.2 SOLE SOURCE PURCHASES ... ... ...... ...... ...... ............... ... ... ............. PAGE 15 CHAPTER 8. PURCHASE SPECIFICATIONS ........................................... PAGE 16 CHAPTER 9. DISPOSAL OF SURPLUS PROPERTY .................................. PAGE 16 CHAPTER 10. PURCHASE AND USE OF RECYCLED PRODUCTS ................ PAGE 17 CHAPTER 11. CAPITAL EQUIPMENT ...... ......... ............... ............... ...... ... PAGE 18 CHAPTER 12. INFORMATION TECHNOLOGY-RELATED PURCHASES ....... PAGE 18 CHAPTER 13. RISK MANAGEMENT ........................................................ PAGE 19 CHAPTER 14. CONTRACTOR'S OPERATING REQUIREMENTS .................. PAGE 19 APPENDIX - DEFINITION OF TERMS........................ ................................ PAGE 20 CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF.DATE PAGE PURCHASING 3 CHAPTER 1. GENERAL INFORMATION 1.1 CONTROLLING REGULATIONS Controlling regulations for the Purchasing function are set forth in the City of Rohnert Park Municipal Code, and California Government Codes Sections 54202 and 54203. In the event of any conflict between the Purchasing Policies and the City of Rohnert Park Municipal Code and/or any City Council Resolution, then the Municipal Code or City Council Resolution shall take precedence. 1.1.1 Purchasing Policies shall be modified by means of periodic Resolution of the City Council. 1.1.2 Nothing within the Purchasing Policies shall be construed as requiring a department, purchaser, or contractor to procure products that do not perform adequately for their intended use, exclude adequate competition, or are not available at a reasonable price in a reasonable period of time. Additionally, nothing within the Purchasing Policies shall be construed as requiring the City, department, purchaser, or contractor to take any action that conflicts with local, State, or federal requirements. 1.1.3 Purchasing Procedures may be developed and/or modified to facilitate compliance with Purchasing Policies, subject to City Manager approval. 1.1.4 Purchases related to the conduct of Public Projects may be subject to additional and/or different requirements, as described in these Policies. 1.2 ETHICS AND ACCOUNTABILITY Purchasing Policies are developed under the authority of Chapter 3.04 Purchasing Program of the City of Rohnert Park Municipal Code. The City Manager (or his/her designee) serves as the Purchasing Agent, and is charged with the responsibility and authority for coordinating and controlling the City's Purchasing function in accordance with Purchasing Policies. 1.2.1 The Purchasing Agent and all departments shall adhere to the Purchasing Policies when procuring materials, supplies, equipment, vehicles and services. All purchases shall be limited to the approved budget or as otherwise authorized by City Council. Purchasing dollar limits specified in the Purchasing Policies are "per order" unless otherwise indicated. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. Ley NO EFF.DATE PAGE PURCHASING 4 1.2.2 Applicable competitive bidding categories, authorization limits or contract award procedures will be based on unit cost, total purchase cost for consolidated bid items, or fiscal year aggregates in the case of standing purchase orders or similar ongoing purchasing arrangements. Staging of purchases to avoid competitive bidding procedures or authorization limits is prohibited. 1.2.3 All personnel engaged in the Purchasing function shall exercise good judgment in the use and stewardship of City resources, and all Purchasing functions shall be conducted with absolute integrity and objectivity. Purchases are subject to public scrutiny; employees shall follow a strict rule of personal conduct that will not compromise the City in the conduct of its business. Any employee intentionally and/or repeatedly making purchases in a manner that circumvents, ignores or fails to comply with Purchasing policies will be subject to disciplinary action, in accordance with City Personnel procedures. 1.3 PURCHASING AGENT RESPONSIBILITIES The City Manager or his/her designee shall act as the City's Purchasing Agent. The Purchasing Agent is responsible for procurement of materials, supplies, equipment, vehicles and services; administration of purchasing policies and procedures; and management of surplus City property. To perform these functions efficiently and assist departments, the Purchasing Agent shall: A. Coordinate and manage procurement of the City's materials, supplies, equipment, vehicles and services from the lowest responsive and responsible bidder when required by the Purchasing Policies. B. Ensure full and open competition on all purchases as required by the Purchasing Policies, and make purchase award recommendations to the appropriate authority. C. Identify, evaluate and utilize purchasing methods that best meet the needs of the City (cooperative purchases, standing purchase orders, contractual agreements, etc.). D. Recommend revisions to Purchasing policies and procedures when necessary, and keep informed of current developments in the field of Public Purchasing. E. Act as the City's agent in the transfer and disposal of surplus equipment and CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF.DATE PAGE PURCHASING 5 materials. 1.4DEPARTMENT RESPONSIBILITIES Each Department is responsible for facilitating prudent, efficient and cost-effective purchases. To meet these responsibilities, Departments shall: A. Ensure staff is trained on the terminology and requirements set forth in the Purchasing Policies and Purchasing Procedures. B. Minimize urgent and sole source purchases, and provide written findings and documentation when such purchases may be necessary. C. Refrain from "splitting" orders or projects for the purpose of avoiding procurement requirements or authorization limits. D. Anticipate requirements sufficiently in advance to allow adequate time to obtain goods in accordance with best purchasing practices. E. Maximize coordination of purchases into a lesser number of large transactions to take advantage of cost savings for bulk purchases of commonly used goods and services. CHAPTER 2. ENCUMBRANCE OF FUNDS Except in emergency or urgent situations, the Purchasing Agent shall not issue any Purchase Order nor shall any contract be approved for materials, supplies, equipment, vehicles or services unless there exists an unencumbered appropriation in the department budget account against which said purchase or contract is to be charged. Funds shall be encumbered by means of Purchase Order for all purchases exceeding $250. CHAPTER 3. PURCHASING METHODS 3.1 PETTY CASH Departments may request petty cash for use in purchasing incidental and immediately needed items, and for expenditures that would be impractical to process through the Purchase Order system. Petty cash "banks" may be established and maintained for this purpose as follows: the Department of Public Safety may request and receive a $300 petty cash bank; other departments may request and receive a $200 bank. Department staff may make incidental purchases in amounts not to exceed $25 per order, and multiple petty cash slips shall not be used to "split" orders so as to circumvent this limit. Petty cash slips shall be signed by supervisory staff. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF.DATE PAGE PURCHASING 6 The Department's petty cash "bank" will be replenished based on submittal of signed petty cash slips and receipts (to Finance) for expenditures made. Department Directors shall be responsible for assuring compliance with this policy, and for the security of petty cash in the Department. The Finance Department shall perform an annual internal audit of each Department's petty cash "bank" in compliance with the City's internal control policies. 3.2 CREDIT CARDS Under certain circumstances, use of a City credit card may be the most appropriate method for purchases. The following will ensure internal control and timely payment of charges. 3.2.1 City credit cards will be distributed on an as-needed basis to staff at the discretion of the Department Heads. Signature authority will be consistent with that of Purchase Orders. 3.2.2 City credit cards shall be utilized for purchase of supplies and materials, and shall not be used to contract for or purchase services, including professional services. 3.2.3 Use of the City credit card for personal purchases, cash advances or to purchase alcohol is prohibited. 3.2.4 Failure to comply with established procedures may result in discontinuance of use of the credit card by the employee/department, and may subject the employee to disciplinary action, in accordance with City Personnel procedures. 3.3 PURCHASE AUTHORIZATIONS Purchase Authorizations are to be used to purchase items from vendors with whom the City has Standing Supply Purchase Order Agreements, in lieu of Purchase Requisitions. Purchase Authorizations are approved under the same authorities and dollar values as Purchase Orders, but cannot exceed $250.00. 3.4 PURCHASE REQUISITIONS Departments shall submit requests for supplies and equipment to the Purchasing Agent by standard Requisition Form, or by other means as may be established. Signature authority for Requisitions shall be the same as that for Purchase Orders. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF.DATE PAGE PURCHASING 7 3.4.1 A Requisition Form shall also be used to: A. Change a quantity, description, size, color, vendor name or address, unit price, delivery location, terms and conditions and to delete or add to an order. B. Terminate a Purchase Order. C. Correct errors in a Purchase Order. 3.4.2 Departments shall submit a Confirming Requisition for goods and materials subsequent to their purchase, when the amount of the purchase exceeds $250, and when the purchase was not made by means of Master Services Agreement, Cooperative Agreement, or Standing Supply Purchase Order Agreement. Confirming Requisitions may not be utilized for purchases in excess of $3,000. 3.4.3 Departments shall submit Requisitions marked "non-confirming" for purchases that have yet to be made and for which the Purchasing Agent shall complete the purchase. 3.5 PURCHASE ORDERS 3.5.1 Purchase Orders for items and services shall be limited to dollar values and approval authority as indicated in the table below: Purchase Value Approval Authority Staff level as designated by Department Heads Supervisor Department Head City Manager City Manager (construction projects and reimbursement a reements onl ) $1 to $250 $1 to $1,500 $1 to $5,000 $1 to $30,000 $1 to $50,000 3.5.2 Competitive quotes are not required for purchases below $3,000, but shall be solicited prior to completing Purchase Orders if practical. 3.5.3 Except in emergency or urgent circumstances, no work shall start until a Purchase Order has been issued for the project or service. Purchase Orders will not be issued, and no work shall commence, until all required CITY OF ROHNERT PARK CITY COUNCIL POLICY PURCHASING I POLICY NO. I EFF DATE I P:GE documentation (e.g., .insurance certificates and endorsements, licenses, permits) has been received. RESO NO. SUBJECT 3.6 CONTRACTS FOR GOODS AND SERVICES 3.6.1 City contracts shall be consistent with State and federal laws, and shall be fully executed prior to the performance of any contract work. Each contract shall be approved as to form by the City Attorney, unless such contract is developed consistent with a template pre-approved as to form by the City Attorney (in which case the individual contract need not receive separate attorney approval). 3.6.2 Contract signature authority shall be aligned with that for Purchase Orders, as designated in the Rohnert Park Municipal Code, Section 3.04, and is per contract. The City Manager or designee may execute any contract for which authorization has been granted pursuant to Ordinance, Resolution, or other action of the City Council, providing sufficient unencumbered funds exist. Contracts or Agreements related to transfer of title to real property must be signed by the Mayor or designee. Any contract made, or purported to be made, by the City in violation of this section shall be void 'and of no force or effect. 3.6.3 The term or life of an Agreement shall be set, including, e.g., dates for required performance, with dates for phase completion if applicable, as well as for overall project completion. An Agreement may be made for a project in which completion of required work extends beyond one year; such an Agreement is not considered a multi-year agreement in the context of this Policy. 3.6.4 Multi-year agreements are encouraged for ongoing general services and consultant/professional services with a defined scope of work such as, but not limited to, janitorial and landscape maintenance, attorneys and accountants, and printing. The annual value of multi-year contracts and single year contracts with options to renew shall be considered in obtaining the appropriate signature authority. Any renewal periods for such contracts shall require a contract amendment, including proper signatures, executed prior to performance of the additional work or provision of the additional goods. 3.6.5 The City Manager or designee may approve alternative selection, evaluation and award procedures for a specific contract or class of contracts, except Public Project contracts, if available information demonstrates that a SUBJECT PURCHASING CITY OF ROHNERT PARK CITY COUNCIL POLICY RESO NO. POLICY NO. EFF. DATE PAGE ....1_-' 9 substantial cost savings, enhancement in quality or performance, or other public benefit will result from use of the alternative contracting method. The alternative contracting method shall meet the purpose and goals of the Purchasing Policies and shall substantially promote the public interest in a manner that could not be achieved by complying with the competitive procurement methods otherwise available under the Purchasing Policies. 3.6.6 Types of Contracts A. Standing Supply Purchase Order Agreements - Department Heads, or designees, may negotiate Standing Supply Purchase Order Agreements with vendors for purchase of repetitive-use items common to one or several departments. The Purchasing Agent will coordinate Standing Supply Purchase Order Agreements and process transactions by means of Purchase Order or Purchase Authorization; signature authority and dollar values apply accordingly. Adequate funds must be encumbered to complete the purchase prior to its initiation. B. Master Service Agreements - Department Heads may establish Master Service Agreements with specific vendors to provide services over time. A Purchase Order (or Task Order), including a written outline of the scope of work and payment terms, is required for purchases made through Master Service Agreements; a new contract for each purchase is unnecessary. Purchase Order dollar limits and signature authority are applicable, and requirements such as insurance and indemnification may vary depending on the type of service required. Funds shall be encumbered in an adequate amount to complete the task or order; unused funds will be unencumbered following completion of the purchase. C. Cooperative Purchase Agreements - The Purchasing Agent has the authority to: join with other public jurisdictions in Cooperative Purchasing Agreements; buy directly from a vendor at a price established by competitive bidding by another public jurisdiction in substantial compliance with this document, even if the City has not joined with that public agency in a formal agreement; and, purchase from the United States of America, any state, municipality or other public corporation, or agency, without following formal purchasing procedures as defined in the Purchasing Policy. A Purchase Order is required for purchases made through Cooperative Purchase Agreements, subject to approvals and dollar limitations accordingly. SUBJECT PURCHASING CITY OF ROHNERT PARK CITY COUNCIL POLICY RESO NO. POLICY NO. EFF.DATE PAGE 10 D. Consultant And Professional Services Agreements - The City Manager or designee shall prescribe the procedures governing the solicitation and selection of proposals, and award of consultant service Agreements, including professional services. Contracts may be awarded through a competitive or negotiated process based on solicitation of at least three quotations or proposals (which may be waived at the discretion of the City Manager based on State law, and for sole source, urgent and emergency purchases as defined in the Purchasing Policies). Such procedures shall have the express purpose of obtaining contractual services of the highest quality together with the most cost-effective pricing. Proposals and/or Qualifications solicited for Professional Services shall be evaluated based on criteria other than pricing, as defined in the solicitations (such as demonstrated competence and professional qualifications), and the City may then negotiate with the most responsive and responsible vendor. E. Contracts For Non-public Projects, Goods and General Services - Contracts may be established for non-public projects and purchases of goods and general (i.e., non-consultant) services, utilizing informal or formal processes for submission of proposals or bids. Contracts shall be developed based on the requirements for those processes as indicated in the Purchasing Policies and Procedures. A Purchase Order is required, subject to applicable approvals and dollar limitations for Purchase Orders. F. Contracts for Public Projects - Rather than the City's Purchasing Ordinance or Policy, Public Projects are subject to definitions, terms and conditions specified in the California Public Contract Code and/or the Uniform Construction Cost Accounting Procedures ("UCCAP") set forth in the Uniform Public Construction Cost Account Act ("The Act"), as they may be amended from time to time. When Public Contract Code (PCC) requirements contradict City requirements, the PCC will apply. PCC S22002(c), as may be amended, defines a Public Project for formal bidding purposes as: (c) "Public project" means any of the following: 1) Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility. SUBJECT PURCHASiNG CITY OF ROHNERT PARK CITY COUNCIL POLICY RESO NO. POLICY NO. EFF. DATE PAGE 11 2) Painting or repainting of any publicly owned, leased, or operated facility. 3) In the case of a publicly owned utility system, "public project" shall include only the construction, erection, improvement, or repair of dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher. (d) "Public project" does not include maintenance work. For purposes of this section, "maintenance work" includes all of the following: 1) Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. 2) Minor repainting. 3) Resurfacing of streets and highways at less than one inch. 4) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. 5) Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, po werplants, and electrical transmission lines of 230, 000 volts and higher. , (e) For purposes of this chapter, "facility" means any plant, building, structure, ground facility, utility system, subject to the limitation found in paragraph (3) of subdivision (c), real property, streets and highways, or other public work improvement. City Council adopted Ordinance No. 710 and Resolution No. 2004-70 in March 2004, thereby electing that the City become subject to the Uniform Construction Cost Accounting Procedures ("UCCAP") set forth in the Uniform Public Construction Cost Account Act ("The Act"). These cost accounting procedures were established by the California Uniform Public Construction Cost Accounting Commission, and are detailed in the Commission's Accounting Policies and Procedures Manual. PCC S22000- 22050 describe both the informal and formal bidding procedures, project dollar thresholds, bidding and noticing requirements, rejection of bids, the definition and procedure for emergency Public Projects, and other mandates related to The Act. The City Council periodically approves Resolutions authorizing the City Manager to award Public Project contracts solicited through UCCAP informal bidding processes. Contracts exceeding certain dollar limits (as they may be revised from time to time by UCCAP), are let in accordance with UCCAP formal bidding procedures, and awarded by the City Council. CITY OF ROHNERT PARK CITY COUNCIL POLICY PURCHASING 1 RESO NO POLICY NO. EFF.DATE PAGE SUBJECT 12 All City Public Projects will comply with the requirements as specified by UCCAP, including but not limited to accounting procedures. G. Job Order Contracts - Job Order Contracts are designed to accomplish small to medium sized projects through a series of individual projects issued under a base contract. For Public Projects of minor construction and renovation, alterations, painting, or repair of existing facilities, the City may not enter into Job Order contracts for amounts greater than $50,000. New "ground-up" construction is ~excluded from contracting by means of Job Order. 3.7 CHANGE ORDERS, TASK ORDERS, AND CONTRACT AMENDMENTS A substantial change to a Purchase Order or Contract (i.e., pricing, terms and conditions, specifications and/or scope of work) shall be documented as a Change Order, Task Order, or Contract Amendment. 3.7.1 Department Heads or their designees may sign Change Orders, Task Orders, and Contract Amendments for purchases and contracts up to $5,000. 3.7.2 When the initial purchase or contract exceeds $5,000, the signature authority for that purchase or contract shall designate, on the Purchase Order, the signature authority for related Change Orders, Task Orders, and Contract Amendments. However, for purchases authorized by City Council, the Resolution authorizing the purchase shall also designate the signature authority for related Change Orders, Task Orders, and Contract Amendments. 3.7.3 Change Orders, Task Orders, and Contract Amendments generally should not exceed 10% of the original contract amount, unless authorized by the applicable signing authority. A new scope of work and/or a new contract may be required when the change exceeds 10% of the original amount. The individual designated in the initial Purchase Order or City Council Resolution shall make that decision. 3.7.4 A Change Order, Task Order or Contract Amendment is not required when taxes, shipping and/or handling cause a purchase to exceed the authorized (Purchase Order) amount; the signatory limit may also be exceeded in that circumstance. 3.8 URGENT AND EMERGENCY PURCHASES CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF.DATE PAGE PURCHASING 13 Sound judgment shall be used in keeping urgent and emergency purchases to an absolute minimum. Specific procedures for managing these purchases shall apply, as determined by the Purchasing Agent. 3.8.1 Urgent Purchases - Immediate purchases of material, supplies, equipment, and services may be made when an urgent circumstance (as defined in the Purchasing Policies) exists, and procurement should not be delayed by use of normal competitive and financial procedures. Urgent purchases of up to $5,000 shall be authorized by the Department Head or designee; the City Manager may authorize urgent purchases up to $30,000. Urgent purchases shall be followed, as soon as practical, with submission of a Confirming Requisition that includes a written justification for the purchase having been made outside normal procedures. Lack of planning does not constitute justification for an urgent purchase. 3.8.2 Emergency Purchases - In an emergency (as defined in the Purchasing Policies), the City Manager or his/her designee may authorize the immediate purchase of material, supplies, equipment, and services, including those in excess of his/her City Council-approved signature threshold. Such purchases shall be followed, as soon as practical, with submission of a Confirming Requisition that includes a written justification for the purchase having been made outside normal procedures. City Council shall be notified, at its next regular meeting, of any emergency purchases in excess of $30,000. 3.8.3 In the case of a disaster or for civil defense, nothing contained in this document shall limit the authority of the City Manager to make purchases and take such other emergency steps as are, or may be, authorized by the City Council, including opening a line or lines of credit to accommodate necessary purchases. 3.8.4 Emergency purchases related to Public Projects are authorized under jurisdiction of the Public Contract Code/UCCAP, and are subject to definitions, regulations and processes that vary from City policy. Emergency purchases to repair or replace public facilities may proceed prior to adoption of the working details, drawing, plans and specifications, only when in accordance with the UCAAP definition and requirements. Staff responsible for Public Projects shall be held accountable for compliance with these requirements. 3.8.5 Should any urgent or emergency purchase cause any budget line item to exceed the approved budget, the Department shall request City Manager CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF. DATE l I PAGE PURCHASING 14 approval to exceed and amend the budget, subject to subsequent City Council approval of an additional budget appropriation or budget amendment to cover the purchase. CHAPTER 4. INFORMAL COMPETITIVE PRICING - GOODS AND GENERAL SERVICES, NON-PUBLIC PROJECTS 4.1 COMPETITIVE QUOTES The Department or the Purchasing Agent may purchase goods and services in the open market based on evaluation of competitive quotes. A minimum of three (3) competitive quotes shall be solicited for purchases greater than $3,000 and less than $30,000. Requests for quotations must be made or distributed, utilizing Request for Quotation forms or alternate forms as may be approved. Written documentation of quotes must be provided. 4.1.1 The City Manager/Designee may award the purchase to the lowest responsive and responsible party whose quote fulfills the intended purpose, quality, and delivery needs of the solicitation, provided an unencumbered appropriation for that item exists. In lieu of awarding the purchase, the City Manager/Designee may reject the quotes, or may negotiate further to obtain terms more acceptable to the City. 4.1.2 Staff may dispense with quotes in emergency and urgent circumstances, and for exempt and sole source purchases, as these are defined in the Purchasing Policies. CHAPTER 5. FORMAL COMPETITIVE PRICING - GOODS AND GENERAL SERVICES, NON-PUBLIC PROJECTS When non-public project purchases are anticipated to exceed $30,000, and/or require City Council approval, formal competitive procedures must be completed. These procedures include sealed proposals solicited through a Request for Proposal (RFP) and sealed bidding solicited through an Invitation for Bid (IFB). 5.1 REQUEST FOR PROPOSALS (RFP) 5.1.1 A contract or purchase may be entered into by means of sealed proposals solicited through a Request for Proposal (RFP). The Request for Proposal shall state the criteria for evaluation and the relative importance of price and other factors. 5.1.2 The Purchasing Agent shall determine the RFP procedures, including CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF.DATE PAGE PURCHASING 15 whether and where public notice of formal proposals shall be made. Sealed proposals shall be submitted to the Purchasing Agent by the date and time specified on the prescribed forms. 5.1.3 No work shall be performed unless and until a Purchase Order has been issued, except under urgent and emergency circumstances as defined in this policy. 5.2 INVITATION FOR BID (IFB) A contract or purchase may be entered into by means of sealed proposals solicited through an Invitation for Bid (IFB). The Purchasing Agent shall determine the procedures for IFBs for non-public projects, and no work shall be performed unless and until a Purchase Order has been issued, except under urgent and emergency circumstances as defined in the Purchasing Policy. CHAPTER 6. LOCAL VENDOR/BIDDER PREFERENCE 6.1 A bid price preference of 1 % shall be granted to local vendors/bidders (those providing goods or services in the City of Rohnert Park, or elsewhere in Sonoma County); however, the preference shall not exceed $5,000. 6.2 Rohnert Park vendors/bidders will be given priority in the selection process over those from other Sonoma County cities if the Rohnert Park bid is evaluated equally to any of those cities. To qualify for the preference, local vendors/bidders must submit proof of the address of their principal place of business and a copy of a current City business license. 6.3 The local vendor/bidder preference shall apply when written proposals or bids are solicited, but shall not apply to Public Projects or purchases made in cooperation with other jurisdictions. The local vendor/bidder preference will be waived when prohibited by federal, State or other law or regulation, or by conditions specified by grantors, as determined by the Purchasing Agent. CHAPTER 7. EXEMPTIONS FROM COMPETITIVE PRICING 7.1 Purchases not readily adaptable to the open market and bidding processes may be eligible for exemption from competitive pricing. These purchases include, but are not limited to subscriptions, memberships, software licenses, advertisements, and travel expenses. Exemptions are restricted to those items appearing on a list maintained by the Purchasing Agent. Departments may submit written requests to the CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF.DATE PAGE PURCHASING 16 Purchasing Agent for additional exemptions, which will be approved if appropriate and added to the list. 7.2 Sole Source purchases - Upon recommendation of the Department Head, the City Manager may waive bidding requirements for sole source purchases if he/she determines sufficient justification exists. Sole source purchases shall be coordinated by the Purchasing Agent, and may include proprietary items sold directly from the manufacturer, items that have only one distributor authorized to sell in this area, items that perform a complex or unique function, or purchases when a certain product is the only one proven to be acceptable or compatible with existing equipment. Sole source purchases should be kept at a minimum, to encourage competition and more favorable prices. 7.3 Cooperative Purchases as defined in the Purchasing Policies are exempt from competitive pricing conducted by the City. CHAPTER 8. PURCHASE SPECIFICATIONS 8.1 Use of brand names in specifications shall be for the purpose of describing the standard of quality, performance, and characteristics the City desires, and not be intended to limit or restrict competition. If a brand name is incorporated into a specification, a minimum of two acceptable brands shall be listed whenever possible and shall be followed by the statement "or approved equal" unless the sole sou'rce policy applies. ' 8.2 Use of specifications provided by a specific manufacturer should be avoided, however, if used, the name of the manufacturer, model number,etc., should be indicated. The bid document shall clearly state that the use of the manufacturer's specifications are for the sole purpose of establishing the level of quality desired. The Purchasing Agent will determine and approve any product submitted as an "or equal." 8.3 The Purchasing Agent may limit bidding to a specific product type or a brand name product when purchasing equipment or supplies required to be compatible with existing equipment or to perform complex or unique functions. 8.4 Public Project Contract Code and UCCAP requirements should be reviewed when brand names and/or manufacturer specifications are being considered for inclusion in a bid solicitation. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF.DATE PAGE PURCHASING 17 CHAPTER 9. DISPOSAL OF SURPLUS PROPERTY The City Manager or designee is authorized to exchange, trade-in, sell and dispose of surplus personal property having salvage value in the open market, by public auction, by competitive sealed bids or by exchange or trade in for new goods. The sale or lease of surplus personal property to a governmental, public or quasi-public agency may be without advertisement for or receipt of bids. Employees are not eligible to receive or purchase surplus property, however, employees may receive personalized items, and receive or purchase at market value items considered to be memorial or commemorative in nature, subject to City Manager approval. 9.1 PROPERTY WITH NO SALVAGE VALUE Surplus personal property with no salvage value, as determined by the Purchasing Agent, shall be disposed of in a manner that salvages recyclable components, if practical. 9.2 UNCLAIMED, SEIZED OR ABANDONED PROPERTY The Purchasing Agent, with City Manager approval, is authorized to sell or dispose of all goods in the possession or custody of the Department of Public Safety which are unclaimed, seized and/or abandoned and may be legally disposed of by the City. 9.3 REPORTING The Purchasing Agent shall provide regular reports to the City Manager indicating surplus personal property disposed of, the method of disposal, and the amounts received from disposal, and shall maintain records for public inspection relative to the disposal of surplus personal property for a period of time in compliance with State law and the City's records retention schedule. Annual reports shall be provided to City Council accordingly. 9.4 DONATIONS OF SURPLUS PROPERTY Upon approval in advance in writing by the Purchasing Agent, surplus personal property may be donated to governmental, public or quasi-public agencies, charitable or non-profit organizations on a first-come first-served basis to be utilized for non-profit purposes. CHAPTER 10. PURCHASE AND USE OF RECYCLED PRODUCTS The City encourages the use of recycled products whenever practicable, and products manufactured with the highest amount of postconsumer material practical. Such products CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF.DATE PAGE PURCHASING 18 must meet reasonable performance standards, be available at a reasonable price and be available within a reasonable amount of time. 10.1 Recycled Products Recycled products covered under this policy include: paper (printing and copy), paper products, glass, oil, paint, solvents, tires, tire-derived products, compost and aggregate, such as those used in building construction, road construction, office products and fleet maintenance. 10.2 Exceptions Exceptions to this policy are granted under the following conditions: A. The cost is greater than 105% of the cost of a comparable non-recycled product. B. A recycled product option cannot be identified, after a due diligence search. C. Critical performance criteria cannot be met by any recycled product. D. A recycled product is not available within a reasonable amount of time. E. Other exceptions as granted by consent of the City Manager. CHAPTER 11. CAPITAL EQUIPMENT Purchase of equipment or furniture at a unit cost of $5,000 or greater with a useful life greater than 5 years shall be capitalized. A Purchase Order must be issued, and Standing Purchase Orders are not allowed. At the time of receipt, a tracking number shall be issued and affixed to the asset. CHAPTER 12. INFORMATION TECHNOLOGY-RELATED PURCHASES To keep costs under control and assure implemented technologies work together harmoniously and meet staff needs, the City of Rohnert Park Information Systems Department (IS) shall standardize and control all purchases of equipment touching the Data and Telephone networks, as well as desktop computers. 12.1 With limited exceptions, the Information Systems Department shall include in its annual budget funding to support all cross-department technologies, and shall work cooperatively with the Purchasing Agent to identify technology vendors and purchasing methods. While the Information Systems Department may provide CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF.DATE PAGE PURCHASING ~ 19 support for specific departmental technology needs, those needs shall be funded through department budgets. 12.2 The list of those authorized by the City Manager to request technology purchases shall be maintained by the Information Services Department. CHAPTER 13 - RISK MANAGEMENT 13.1 The City Manager shall identify a Risk Management administrator to establish insurance requirements and monitor compliance in accordance with the type of services provided. The Purchasing Agent shall work in cooperation with the Risk Management administrator to include the proper insurance requirements in any standard contract for services. Purchase Orders will not be issued until all required insurance certificates and endorsements have been received, reviewed and approved; additional requirements may apply to Public Projects. 13.2 Requirements for contract bonds, such as Performance Bonds, Labor and Material Bonds and/or Fidelity Bond shall be determined by the project manager's Director, with advisement from the Purchasing Agent and Risk Management administrator, when required. Bonds are maintained by the project manager, and forwarded to the City Clerk's office upon contract completion. Requirements related to Public Projects may vary from those for non-public projects. CHAPTER 14 - CONTRACTOR'S OPERATING REQUIREMENTS 14.1 Any person doing business in the City must possess a current City of Rohnert Park Business License, as required by the Rohnert Park Municipal Code. 14.2 Prior to contract award, the project manager shall verify that the contractor's State Contractors License is valid and in good standing, and the Contractor has not been debarred by the Federal Government. 14.3 All contractors (including consultants and service providers) and their respective subcontractors who meet any of the following criteria shall be required to successfully pass a California Department of Justice Live Scan Fingerprinting background check conducted by the City of Rohnert Park Department of Public Safety: . Work with children when performing on-site services · Access City of Rohnert Park computers CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF.DATE PAGE PURCHASING 20 Contractors shall be responsible for obtaining Live Scan Fingerprinting prior to performing work and shall bear the cost thereof at the time of fingerprinting. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF.DATE PAGE PURCHASING 21 APPENDIX - DEFINITION OF TERMS 1. Agreement - another term used for contract 2. Amendment - any change or modification in the terms and conditions of a contract, accomplished by agreement of the parties; similar function to a change order 3. Award - a contract or purchase made with a vendor that successfully completes a bidding or competitive proposal process 4. Bid Deadline - the date and time of bid submittal and bid opening 5. Bidder's List - list of responsible prospective suppliers and contractors to whom notice of Invitations for Bid on Public Projects may be delivered 6. Bidder's Security - funds secured from successful bidders in advance of executing a contract, to ensure compensation for City losses if bidder fails to execute 7. Buyer - anyone authorized to specify or purchase products on behalf of City or its departments, including contractors and individual staff 8. Capital Equipment - equipment or furniture at a unit cost of $5,000 or greater with a useful life greater than 5 years 9. Change Order - document used to detail a substantial change to a Purchase Order or construction contract 10. City - City of Rohnert Park, California 11. Competitive Quote - verbal or written pricing quotation made by vendor(s) regarding specific purchases; typically three are required prior to purchasing item or service (also known as Informal Competitive Pricing) 12. Confirming Purchase Order - purchase order submitted subsequent to the purchase of goods and materials, in conformance with policy requirements 13. Confirming Requisition - Requisition for goods and services, submitted subsequent to their purchase 14. Consultant Services - services of an advisory nature that provide a recommended course of action or personal expertise, and that have an end product which is basically a transmittal of information 15. Contract - all types of City agreements, regardless of what they may be called, for the procurement or disposal of goods, supplies, services, professional or consulting CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF.DATE PAGE PURCHASING 22 services, or construction 16. Contracts for Goods and Various Services - for purchases of goods and services through non-pre-qualified vendors for non-public projects, utilizing informal or formal processes for submission of proposals or bids, based on the requirements for these processes 17. Contractor - any person, group of persons, business, consultant, designing architect, association, partnership, corporation, supplier, vendor, printer, or other entity not in the employment of the City that has entered into a binding contract with the City, or serves in a subcontracting capacity with an entity having a contract with the City, to provide goods, supplies, services, professional services, construction or disposal of surplus supplies 18. Cooperative Purchase Agreement - agreements whereby the City may join with other public jurisdictions in making purchases, buy directly from a vendor at a price established by competitive bidding by another public jurisdiction, and purchase from the United States of America, any state, municipality or other public corporation, or agency 19. Emergency Purchase - purchase made under circumstance of a State or City declared disaster or where a circumstance poses clear, substantial, and imminent danger (e.g., fire, flood, explosion, storm, earthquake, epidemic, riot, civil defense) and immediate action is necessary to prevent or mitigate major loss or significant impairment of life, health, property, or essential public services; procurement should not be delayed by use of normal competitive and financial procedures. Emergency purchases related to Public Projects must meet requirements established by UCCAP. 20. Encumbrance - placement of a financial hold on a specified amount of funds designated for a particular purpose, prior to making a purchase or payment on a contract related to that purpose, and preventing the use of those funds for any other purpose 21. Exempt Purchase - a purchase not readily adaptable to the open market and formal bidding or competitive pricing processes, such as magazine subscriptions and membership dues; also emergency and other purchases as detailed in the Purchasing Policy 22. Formal Competitive Pricing - method through which purchasing decisions are based on evaluation of sealed pricing quotations solicited through a Request for Proposal or an Invitation for Bid 23. General Services - the furnishing of labor, time or effort by a vendor primarily through use of manual or techilical skills that mayor may not produce a tangible commodity; e.g., janitorial work, landscape maintenance, equipment repair and service, rubbish and waste removal, clothing rental and cleaning, and minor repainting (non-public projects) 24. Informal Competitive Pricing - method to obtain goods and services after obtaining verbal or written quotes from vendors CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF.DATE PAGE PURCHASING 23 25. Invitation for Bid (IFB) - document providing details of a desired purchase and soliciting sealed pricing bids from vendors 26. Job Order Contract - a contract competitively bid for a base year and multiple option years for Public Projects of minor construction and renovation, alterations, painting and repair of existing facilities 27. Local Vendor/Bidder - a business entity with its principal place of business located within the City limits of the City of Rohnert Park as first priority; second priority includes a principal place of business located within the County of Sonoma or one of its incorporated cities 28. Lowest Responsible, Responsive Bidder - bidder submitting the bid or proposal meeting all requirements of the specifications, terms, and conditions of the Invitation for Bids or Request for Proposal resulting in the lowest cost to the City in a total cost concept or based solely on price, taking into consideration the financial and practical ability of the vendor to perform the contract and past performance of the vendor 29. Master Service Agreement - a term contract for consulting and general services to be provided on an "as-needed" rather than a continuous basis, with a total quantity stated as an estimate or as a maximum limit; establishes a general scope of work and payment parameters and includes the terms and conditions common to most City contracts but does not create a financial obligation 30. Minimum Content Standards - the list of standards maintained by the City that specify the minimum level of postconsumer material necessary for designated products to qualify as recycled products 31. Multi-year Contract - contract that includes a term of service or purchase prices that extend beyond a single fiscal year 32. Non-public Project - a project that does not require pre-bidding or proposals under California Code and/or UCCAP regulations 33. Petty Cash - funds departments may use for small but urgent purchases, and those requiring cash 34. Performance Bond - a bond issued to the City as a guarantee against the failure of a contractor to meet obligations specified in the contract 35. Postconsumer Material - a finished material that has served its intended end use, having completed its life cycle as a consumer item, and has been discarded for disposal or recovery; does not include manufacturing, converting, or printing scraps CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO. EFF.DATE PAGE PURCHASING 24 36. Practical and Practicable - when feasible and compatible with local, State, and federal law, without reducing safety, quality, or effectiveness and where the product or service is available at a reasonable cost in a reasonable period of time, based on life cycle costs 37. Professional Services - services provided by an educated, certified or licensed specialist, or technical expert, that may be subject to procurement restrictions in accordance with State law, and City contract requirements, beyond that of regular (non-professional) consultant services 38. Project- work of a similar nature to, and conducted in close proximity to, another work effort, and with a project start date within two weeks of that work effort 39. Public Agency - any federal, state, county, or local government, including schools and special districts 40. Public Bulletin Board - locations designated by the City Manager or designee as the places where the City posts public notices 41. Public Notice - information regarding the opportunity for vendors to submit proposals or bids; posted at public locations determined by the Purchasing Agent 42. Public Project - generally, construction, reconstruction, erection, alteration, renovation, improvement, demolition, and, repair work involving any publicly owned, leased, or operated facility; including painting or repainting, and excluding maintenance, as defined by State Law (California Public Contract Code Sections 20161 and 22002); see also Public Project policy section 43. Purchase Authorization - document used primarily to purchase items from vendors with whom the City has Standing Purchase Order Agreements, but may be utilized with other vendors that will accept them in lieu of formal Purchase Orders 44. Purchase Order - A document representing a contract between the City and the vendor, utilized for ordering goods and services, and subject to specific signature authorities based on the dollar value of the purchase(s) 45. Purchase Requisition - form used to submit requests for supplies and equipment to the Purchasing Agent; the form is also used to change a quantity, description, size, color, vendor name or address, unit price, delivery location, terms and conditions and to delete or add to an order 46. Purchasing Agent - the City Manager, or his/her designee, responsible for the Purchasing function as described in the Purchasing Policies 47. Recycled Content - the percentage of postconsumer material in a product CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT RESO NO. POLICY NO, EFF.DATE PAGE PURCHASING 25 48. Recycled Paper - paper manufactured uSing postconsumer material that meets or exceeds the minimum content standards 49. Recycled Product - a product manufactured using postconsumer material that meets or exceeds the minimum content standards, or a remanufactured product 50. Remanufactured Product - any product diverted from the supply of discarded materials by refurbishing and marketing said product without substantial change to its original form 51. Request for Statement of Qualifications (RSQ) - document providing details regarding a desired purchase (typically a service), and soliciting qualifications from vendors 52. Request for Proposals (RFP) - document providing details regarding a desired purchase, and soliciting pricing quotations from vendors 53. Request for Quotations (RFQ) - process to invite suppliers to provide written or verbal pricing and/or other details regarding products and services of interest to the City; facilitating vendor comparison and purchase under the best available terms 54. Requisition - see Purchase Requisition 55. Services - performance of work by an independent contractor of the City 56. Standing Supply Purchase Order - agreements with vendors for purchase of repetitive- use items common to one or several departments, paid at a later date 57. Sole Source Purchase - commodities and services that can be obtained from only one vendor, proprietary items sold directly from the manufacturer, items that have only one distributor authorized to sell in this area, or items that perform a complex or unique function; exempt from bidding 58. Surplus Property - personal property which the City no longer has use for, has fully depreciated, or which has exhausted its intended life; also goods in the possession or custody of the Department of Public Safety that are unclaimed, seized and/or abandoned 59. Task Order- issued under Master Agreements to secure services from the consultant as needed; include the specific scope of work required by the City, the compensation due for that specific scope of work, and any terms and conditions that may pertain solely to the task; creates a financial obligation for the City 60. UCCAP - Uniform Construction Cost Accounting Procedures set forth in the Uniform Public Construction Cost Account Act SUBJECT CITY OF ROHNERT PARK CITY COUNCIL POLICY RESO NO. POLICY NO. EFF.DATE PAGE PURCHASING 26 61. 62. Urgent Purchase - a purchase made when a sudden, unexpected occurrence, while not an emergency as defined in the Purchasing Policies, necessitates expedited action to prevent or mitigate loss, protect property or public health and safety, and ensure essential public services (e.g., street signal outage, heating system failure at the Senior Center in winter, off-site fire truck repair) Vendor - individual, business or organization offering goods or services for purchase by the City Vendor List - Iist(s) of vendors, utilized for distribution of Requests for Proposals, Quotations and/or Qualifications, and Invitations to Bid 63. Meeting Date: Department: Submitted By: Prepared By: Agenda Title: Mission Statement "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow. " ITEM NO. 8 CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT February 14,2012 Development Services Darrin Jenkins, Development Service Director/City Engineer Marilyn Ponton, Planning & Building Manager Amendments to Title 17 Zoning of the City of Rohnert Park Municipal Code (File No. PL2011-032MC) RECOMMENDED ACTION: Staff recommends that the City Council take the following actions regarding: 1. Introduction of an ordinance amending Title 17 Zoning of the Rohnert Park Municipal Code to implement housing programs required in the City of Rohnert Park Housing Element (text amendments as shown in Attachment 1 (Exhibits AI-A6) of this report) based on the findings listed in the attached Ordinance No. 844 (Attachment 2). BACKGROUND: The City ofRohnert Park is considering amending portions of Title 17 Zoning of the City of Rohnert Park Municipal Code (hereinafter referred to as the (Zoning Ordinance) to implement certain housing programs of the City of Rohnert Park General Plan Housing Element. In 2010, the City of Rohnert Park updated its General Plan Housing Element. The Housing Element is one of the general plan elements required by State law and is an official response to the need to provide housing for all economic segments of the population. The adopted Housing Element has been certified by the California Department of Housing and Community Development subject to the implementation of the housing programs approved by the City Council. Several ofthe programs included in the Housing Element require an amendment to the City's Zoning Ordinance to implement the policies and achieve the goals of the Housing Element. The Planning Commission heard the amendments on October 27 and December 8, 2011 and recommended approval to the City Council. PROPOSED PROJECT: The proposed project involves text amendments to the City of Rohnert Park Zoning Ordinance necessary for implementing housing programs required in the City's General Plan Housing Element. The table below lists the Housing Element policies and corresponding implementing programs involving amendments to the text of the Zoning Ordinance, and provides a brief description of each proposed amendment. A detailed description of the proposed Zoning Ordinance amendments for each policy and implementing program are provided in the Analysis section of this report. Policy HO-4: Promote a diversity of housing types, including single-family detached and attached residences, mobile homes, multi-family rental and ownership units, second units, and units combined with non-residential uses. Policy HO-5: Minimize governmental constraints on the provision of housing that is affordable to lower income households. Policy HO-14: Promote the provision of disabled-accessible units and housing for the disabled. Program 4.2 y Change Zoning Ordinance definition of "Single room occupancy (SRO) living unit facility" to characterize these facilities as residential rather than commercial uses. y Separate the two types of SROs (SRO living unit facility and SRO residential hotel) within the Zoning Ordinance land use tables. Y ClarifY the language Zoning Ordinance to indicate that SROs would be permitted or would require an administrative permit, as indicated in the Land Use Regulations sections. Program 5.1 Y Revise the Zoning Ordinance parking standards to provide reduced parking requirements for off-campus student housing. Y Add definition of "Off-Campus Student Housing" and "Student Tenant." Program 5.4 Y Amend the Zoning Ordinance to change the Conditional Use Permit requirement for density bonus projects to an Administrative Permit. y Amend the Zoning Ordinance to clarifY that the normal Administrative Permit procedures would apply, but the normal required findings would not apply for a density bonus project. Program 14.5 y Amend the Zoning Ordinance to provide reasonable accommodations for persons with disabilities. (2) I Policy 1I0-16, Peeven! homelessness and support efforts to provide housing for the homeless. l>rogram 16.1 ~ Revise the Zoning Ordinance to allow emergency shelters that can house seven or more people in High Density Residential and Commercial districts. -- l)rogram 16.2 ~ Add definition of pennanent supportive housing in the Zoning Ordinance and clarifY that transitional and supportive housing is permitted as a residential use. ANALYSIS: As previously stated, the proposed text amendments to portions of Title 17 Zoning of the City of Rohne11 Park Municipal Code (Zoning Ordinance) are necessary to implement certain housing programs of the City of Rohnert Park General Plan Housing Element. The proposed amendments would establish mechanisms within the Zoning Ordinance to facilitate affordable housing, housing for special needs and a balance of housing types. The proposed changes would ease the permitting of emergency shelters. These amendments are specifically included in the General Plan Housing Element and are consistent with the current General Plan. Listed below are the policies and corresponding programs of the Housing Element which involve amendments to the Zoning Ordinance. Also listed below each policy is a brief description of the proposed Zoning Ordinance amendment. The proposed Zoning Ordinance amendments are shown in Exhibits A1-A6 and are summarized below: Policy: Balance of Housing Types - Proposed Zoning Ordinance Amendments (Exhibit At): Program 4.2 ~ An amendment to the definition of "Single room occupancy (SRO) living unit facility" in Section 17.04.030 is proposed. The revision changes the definition to characterize these facilities as residential rather than commercial uses. The definition of "Single room occupancy (SRO) residential hotel" continues to be defined as a commercial facility. ~ The proposed revision to the Zoning Ordinance would separate the two types of SROs clarifications within the land use tables as follows: . SRO living unit facility would require approval of an administrative permit in the Rural Residential/Rural Estate (R-R1R-E), Residential-High Density (R-H), Regional Commercial (C-R) zoning districts and be permitted in the Mixed Use (M-U) zoning district subject to the standards in Section 17.07.020 (Z). . SRO residential hotel would require approval of an administrative permit in the Regional Commercial (C-R) zoning districts and be permitted in the Mixed Use (M- U) zoning district subject to the standards in Section 17.07.020 (Z). ~ The language in Land Use Footnotes/Special Provisions in Section 17.07.020 (Z) would be clarified to indicate that SRO living unit facilities and SRO residential hotels would be (3) permitted or subject to an administrative pen11it as indicated in the Land Use Regulations sections. Policies: Provision of Affordable Housing - Proposed Zoning Ordinance Amendments (Exhibits A2 and A3): Program 5.1 > Amendments to Definitions (Section 17.04.030) to add definitions for "Off-Campus Student I-lousing" and "Student Tenant". > Off-street parking standards were added for Off-Campus Student Housing under Residential uses (Section '17.16.030 (A)) requiring 3;4 of a parking space per bedroom unit or occupant, whichever is greater. Program 5.4 > An amendment to Section 17.06.030 is proposed to change the Conditional Use Permit requirement for an affordable housing density bonus to an Administrative Permit (AP) in all residential land uses. > An amendment to Section 17.07.020(H) is proposed to clarify that while the procedures for an AP would apply for a request for a density bonus, the normal findings that apply to an AP would not apply to an AP for a density bonus. State law provides the findings that must be used in making the determination of whether to grant a density bonus, and those findings are restated in Section 17.07.020(H). Policies: Housing for Special Needs - Proposed Zoning Ordinance Amendments (Exhibits A4, AS, and A6): Program 14.5 > Add Section 17.10.080 "Reasonable Accommodation" to provide reasonable accommodations in the zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. This section also complies with the provisions under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures. Program 16.1 > Amend the High Density Residential and Commercial zoning districts to permit emergency shelters accommodating 7 or more persons. > Guidelines in Section 17.17.020 (M) would be amended to remove references to conditional use permit requirements for the siting of housing facilities for the homeless. Program 16.2 > Amendments to Definitions Section 17.04.030 are proposed to clarify the definition of "Transitional Housing" as a residential use and to add a definition of "Supportive Housing". (4) OPTIONS CONSIDERED: None FISCAL IMPACTIFUNDING SOURCE: No fiscal impacts are anticipated from the recommended action. Department Head Approval Date: City Manager Approval Date: City Attorney Approval Date: Attachments (list in packet assembly order): 1. Attachment 1 - Exhibits A 1 through A6 2. Attachment 2 - Ordinance 844 (5 ) EXHIBIT A 1 City of Rohnert Park Zoning Ordinance Proposed Amendments to Implement Housing Element Program 4.2 EXHIBIT Al Proposed Amendment to Implement HE Program 4.2 (Page 34) ZZ. "Window" means a sign posted, painted, placed, or affixed in or on a window exposed to public view. An interior sign that faces a window exposed to public view and is located within three feet of the window. "Single-family residential": See "dwelling, single-family, attached or detached. "Single-room occupancy (SRO) living unit facility" means a commercial residential development containing secure rooms, of a smaller size than normally found in multiple dwellings, which are rented to a one or two person household. SRO living units are provided for a weekly or monthly period of time, in exchange for an agreed payment or a fixed amount of money or other compensation. "Single-room occupancy (SRO) residential hotel" means a commercial facility with individual secure rooms which are rented to a one or two person household. SRO residential hotels are provided on a daily, weekly, or monthly basis, in exchange for an agreed payment of a fixed amount of money or other compensation. "Site": See "Lot." "Site area": See "Lot area." "Slope": The vertical distance divided by the horizontal distance. "Spa": See "Bath house/spa." "Specific Plan" means a plan consisting of text, maps, and other documents and exhibits regulating development within a defined area of the City, consistent with the Rohnert Park General Plan and the provisions of Section 17.06, Article VIII of this title and Government Code Section 65450 et.seq. "Stable, commercial" means housing for horses owned and used by someone other than the occupant or owner of the residence and including related shows, lessons, clinics, and similar activities. "Stable, private" means housing for horses owned by the occupant or owner of the residence. Raising, feeding, maintaining and breeding of not more than one horse per 20,000 square feet of site area: "Story" means that portion of abuilding included between the surface of any floor and the surface of the floor next above except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If there is no floor above it, then the space between such floor and the ceiling next above it shall be considered a story. "Street" means any thoroughfare, alley, way, boulevard, or road, either public or private, which is used or is to be used for access to abutting land. 34 Proposed Amendment to Implement HE Program 4.2 (Page 43) Public Facility-City owned or proposed (subject to P P P P Planning Commission review on referral from City Council) Rooming or Boarding House I . Single Room Occupancy Living Unit Facility (Z) A A . Fraternity/Sorority C Recovery Facility . Small (6 or less persons) P P P P . Large (7 or more persons) C Religious Assembly C C C C Residential Care Facility (Congregate Care/Assisted Living) . Small (6 or less persons) P P P P . Large (7 or more persons) C C C C Second Residential Unit (e.g., in-law units) (X) Z Z Z Z Single Family Dwellings P P P C Accessory Uses/Structures . Antenna, Ve11ical/Satellite Dish (F) PIC PIC PIC PIC . Accessory Structure (see Sections I 7. 10.020 and P P P P 17.10.060) Home Occupation (L) Z Z Z Z Temporary Use/Event (EE, see also DD) . Arts & Crafts Shows/Outdoor T T T T . Outdoor Exhibit T T T T . Religious Assembly C C C C . Seasonal Lots/Activity (e.g., Christmas trees, T T T T pumpkins) . Recreation Event Small (e.g., one or two day skateboard demo or T T T T remote control car races) Large C C C C (Ord. 739 S2 (part), 2005; Ord. 695 S3, 2003) Article II. Commercial Zoning Districts 17.06.040 Purpose. The Commercial Districts are intended to provide appropriate areasJor office uses and retail and service establishments that serve the needs of the City and area communities, as well as for mixed residential/commercial development where appropriate. The districts are designed to provide for the effective integration of commercial areas with adjacent uses, so that impacts related to traffic, noise illumination and 43 Proposed Amendment to Implement HE Program 4.2 (Page 47) Public Facility-City owned or proposed (subject to P P P Planning Commission review on referral from City Council) Recovery Facility . Small (6 or less persons) C C C . Large (7 or more persons) C C Recycling Facility (V) . Reverse Vending Machines P P . Small Collection Facility C C C . Large Collection Facility C Religious Assembly C C C - Research and Development (Office Type Uses) P Residential Care Facility . Congregate Care/Assisted Living C C C . Convalescent Hospital C C C . Senior Housing (Independent Living) C C C Residential uses as a part of a mixed use project when C C C located in the same building as a nonresidential use. Restaurant . General P P P . Fast Food (see also Drive-Through Window-9) C C C . Outdoor & Sidewalk Cafe (S) A A A . Take Out/Delivery P P P . With Bar & Live Entertainment (R) C C Retail, General and Specialty P(I) P P . Department or Big Box Retail P Retail Warehouse Store (e.g., big box) P School C C C . Elementary or Secondary C C . High School C C . Trade School C C . College C Self-Storage Facility (y) C Sign Shop . Small (e.g., typically located in a small office/retail P P space) . Large P C Single Room Occupancy Living Unit Facility (Z) A Single Room Occupancy Residential Hotel (Z) A Studio (e.g. Dance, Martial Arts) C C C Tailor P(I) P P Tattoo/Piercing Studio C C Telecom Hotel C 47 Proposed Amendment to Implement HE Program 4.2 (Page 54) Religious Assembly · Homeless shelter (6 or less persons) Residential Facility · Congregate Care/Assisted Living · Convalescent Hospital I. Single Room Occupancy Living Unit Facility (Z) I. Single Room Occupancy Residential Hotel (Z) · Senior Housing (Independent Living) Residential Use · Live/Work (16) · Multi-Family · Townhouse Restaurant . General · Outdoor & Sidewalk Cafe (19) · Take Out/Delivery (drive-through windows not permitted) · With Bar & Live Entertainment (18) Retail, General and Specialty School · Elementary or Secondary · High School · Trade School · College Studio (e.g. Dance, Martial Arts) Tailor Tattoo/Piercing Studio Temporary Use/Event (31; see also 30) · Arts & Crafts Show · Circus/Carnival · Flea Market/Swap Meet · Live Entertainment · Outdoor Exhibit · Recreational Event · Religious Assembly · Retail Sales · Seasonal Lot/Activity (e.g. Christmas trees, pumpkins) · Trade Fair Theater (under 500 seats) C P C C C P P P P P P P A P C P C C C C C P C T T C C T C C T T T C (Ord. 781 ~ 6,2007; Ord. 695 ~ 3,2003) 54 Proposed Amendment to Implement HE Program 4.2 (Pages 136-138) 5. All storage shall be fully enclosed within a building or buildings. See also Footnote #4 for boat, R.Y. and outdoor storage. 6. No flammable or otherwise hazardous materials shall be stored on-site. 7. Residential quarters for a manager or caretaker may be provided in the development. 8. The development shall provide for two parking spaces for the manager or caretaker, and a minimum of five spaces located adjacent or in close proximity to the manager's quarters for customer parking. 9. Aisle width shall be a minimum of twenty feet between buildings to provide unobstructed and safe circulation. 10. The site shall be entirely paved with an a]) weather surface, except for structures and landscaping. 11. All on-site lighting shall be energy efficient, stationary and directed away from adjoining properties and public rights-of-way. 12. The site shall be completely enclosed with a six foot high solid decorative masonry wall, except for points of ingress and egress (including emergency fire access) which shall be properly gated. The gate(s) shall be maintained in good working order and shall remain closed except when in use. 13. Storage facilities located adjacent to residential districts shall have their hours of operation restricted to 7:00 a.m. to 9:00 p.m., Monday through Saturday, and 9:00 a.m. to 9:00 p.m. on Sundays. Z. Single Room Occupancy. ]. Single Room Occupancy (SRO) living unit facility. An SRO living unit facility may be permitted or permitted with approval of an administrative permit in indicated districts with approval of an administrative pcrmit and subject to the following conditions~~ a. Excluding the closet and the bathroom area, a SRO living unit shall be a minimum of one hundred fifty sq.ft. in floor area. The average unit size in a living unit facility shall be no greater than two hundred seventy-five sq.ft. and no individual unit may exceed 400 sq.ft; b. Each SRO living unit shall be designed to accommodate a maximum of two persons; c. An SRO living unit may contain partial kitchen facilities that are built-in and approved by the Building Department; d. Individual SRO living units shall not have separate external entryways; e. An SRO living unit sha]) be provided with a kitchen equipped with a kitchen sink; however, an SRO unit may contain partial kitchen facilities so long as a sink is 136 Proposed Amendment to Implement HE Program 4.2 (Pages 136-138) provided and kitchen facilities are provided on each floor accessible from a public hallway; all complete and p3liial kitchen facilities shall be built-in and approved by the Building Department; f. An SRO living unit shall be provided with a separate closet and a bathroom equipped with facilities consisting of a water closet, lavatory, and either a bathtub or shower; g. The SRO living unit facility shall have a management plan approved by the Planning and Community Development Services Director. The management plan shall contain management policies, operations, rental procedures, and maintenance plans, staffing needs and security procedures. An on-site, twenty-four hour manager is required in every living unit project. The rental procedures must allow for both weekly and monthly tenancies and specify deposit requirements for each type of tenancy. A manager's unit shall be a complete dwelling unit and so designated on all plans; h. Laundry facilities shall be provided in a separate room at the ratio of one washer and one dryer for every twenty units or fractional number thereof. The laundry facility shall be located near the interior common space. Washers and dryers shall be coin operated; I. A closet and separate storage space, as approved by the Planning and Community Development Services Director, is required in every SRO living unit facility; J. A cleaning supply storeroom and/or utility closet with at least one laundry tub with hot and cold running water shall be provided on each floor of the living unit building. k. The SRO living unit facility shall provide interior common space at a minimum of four sq.ft. per unit. An SRO living unit facility mustprovide at least two hundred sq.ft. in area of interior common space, excluding janitorial storage, laundry facilities, and common hallways. The Planning Commission or Planning and Community Development Services Director shall deny an application for a SRO living unit facility hereunder where the information submitted by the applicant and/or presented at the public hearing fails to substantiate that the project will comply with these criteria. 2. Single Room Occupancy (SRO) residential hotel. An SRO residential hotel may be permitted or permitted with approval of an administrative permit in indicated districts '.'.'ith approval of an administrative permit and subject to the following conditions< a. Excluding the closet and the bathroom area, an SRO residential hotel unit shall be at least seventy sq.ft. in floor area; b. An SRO residential hotel f6()}})-unit designed to accommodate a maximum of one person shall not exceed one hundred fifty sq.ft. in floor area, andSRO residential hotel ffiOOi-l.lfjiJ designed to accommodate a maximum of two persons shall be between one hundred fifty and two hundred nineteen sq.ft. in floor area; c. An SRO residential hotel fBEHu....unit shall be provided with a kitchen equipped with a kitchen sink; however, an SRO residential hotel unit may contain partial kitchen facilities so long as a sink is provided and kitchen facilities are provided on each floor accessible 137 Proposed Amendment to Implement HE Program 4.2 (Pages 136-138) d. from a public hallway; a]1 complete and partial kitchen facilities shall be built-in and approved by the Building Department; e. An SRO residential hotel fHBfH-tll[iJ_shall be provided with a bathroom equipped with facilities consisting of a water closet, lavatory, and either a bathtub or shower; however, an SRO rC8dential h()tcl unit may contain partial bathroom facilities if common bath facilities are provided as follows: 1. Where private water closets, lavatories and baths are not provided, there shall be provided on each floor, for each sex, at least one water closet and lavatory and one bath, accessible from a public hallway. 11. Additional water closets, lavatories and baths shall be provided on each floor for each sex at the rate of one for every additional ten guests or fractional number thereof in excess often. Ill. Such facilities shall be clearly marked for "men" or "women." IV. Each sink, lavatory and either a bathtub or shower shall be equipped with hot and cold running water necessary for its normal operation. f. Individual SRO residential hotel units may not have separate external entryways; g. The SRO L~identjal hQtel shall have a management plan approved by the Planning and Conlmunity Development Services Director. The management plan shall contain management policies, operations, rental procedures, and maintenance plans, staffing needs and security procedures. An on-site, twenty-four hour manager is required in every SRO residential hotel-17fflject. The rental procedures must allow for OO+J.t-<J,~ily,weekly and monthly tenancies and specify deposit requirements for each type of tenancy. A manager's unit shall be a complete dwelling unit and so designated on all plans. h. Laundry facilities shall be provided in a separate room at the ratio of one washer and one dryer for every twenty units or fractional number thereof. The laundry facility shall be located near the interior common space. Washers and dryers shall be coin operated; 1. A closet and separate storage space, as approved by the Planning and Communtty Development Servic~Director, is required in every SRO .J+v-in; unit facilityrgsiQ<::nli,l! hotel; 1--A cleaning supply storeroom and/or utility closet with at least one laundry tub with hot and cold rllnning water shall be provided on each floor of the liv-ing--unit--4uildiHgSRO g:;;.iclentialll91el. j:L",-_ The SRO ,residential hotel shall provide interior common space at a minimum of four (4) sq.ft. per unit. An SRO residential hotel shall provide at least 200 sq.ft. in area of interior common space, excluding janitorial storage, laundry facilities, and common hallways. The Planning Commission or Planning and Community Development Services Director shall deny an application for a SRO liying unit I:'lcilityresidential hotel hereunder where the information submitted by the applicant 138 EXHIBIT A2 City of Rohnert Park Zoning Ordinance Proposed Amendments to Implement Housing Element Program 5.1 EXHIBIT A2 Proposed Amendment to Implement HE Program 5.1 (Page 27) "Nonconforming use" means a use of a structure or land which is lawfully established and maintained prior to the adoption of this Ordinance but which does not conform with the use regulations of the district in which it is located. Uses not legally established, which fail to conform to the provisions of this ordinance, shall be deemed to be illegal uses. "Occupancy" means the purpose for which a building, or part thereof, is used or intended to be used. p__"Off-Campus Student Housing" means a living alTangement for Student Tenants within an off-campus dwelling unit or portion thereof, except if all the Student Tenants are family of the owner of the dwelling or the dwelling is leased and used only by a family as the family's primary residence. Off-campus Student Housing shall not include dormitories..9":.YD.~~Ll!).l~L.912~.I<:.IJi;;.Q.Jl)i.~~ university. collcoc or trade school. _._...................._.......___........_....-0_................-.................................................- "Office": See "Professional office." "Open space" the area of a project (exclusive of the required setback from a public street) which is to be used exclusively for leisure, recreational, and/or aesthetic or visual relief purposes. Open space areas may include those reserved for active and passive recreational uses and park facilities. "Open space, common" means an open area within a residential or commercial development reserved for the exclusive use of the residents or employees of the development and guests. "Open space, private" means usable open space adjoining' and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests. "Parking lot" means an off-street parking area not within a building where motor vehicles may be stored for the purposes of temporary, daily or overnight parking. "Parking space" means an unobstructed, permanently reserved and clearly delineated area or space other than a street or alley maintained for the parking of one motor vehicle. "Patio, covered" means a covered area without walls, screens, or windows on two or more sides or when walls, screens, or windows are incorporated meeting the requirements of the Uniform Building Code, Appendix Chapter, 31, Division III, Section 3116. "Personal services" means services of a personal convenience nature, as opposed to products, sold to individual consumers and include the provision of information, individual instruction, beauty and barber shops, laundry and cleaning services, and similar services. "Pre-existing" means in existence prior to the effective date of this ordinance or applicable amendments thereto. "Principal or primary use" means the predominan! use of any lot, building or structure. 27 Proposed Amendment to Implement HE Program 5.1 (Page 35) "Structure" means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. "Structure, accessory": See "accessory building or use." "Structure, attached": See "attached structure." "Student Tenant" means agjndividual who i_~ enrolled or 1l<:'S made application toand been accepted at a university. college, or trade school and who is residing in a dwelling unit governed by this ordinance. "Telecom hotel or carrier hotel" means facilities made to house equipment instead of people. "Temporary use/event/building" means a use, event, or building which will be in existence either seasonally or for aperiod of two years or less. "Townhouse": See "dwelling, single-family, attached." "Trailer" means a vehicle without motor power, designed so that it can be drawn by a motor vehicle, to be used for human habitation or for the transporting of personal property. "Transitional I-lousing" means housing provided for longer tern1 (generally up to twenty-four months) with varying degrees of support services (e.g., life skills training, financial management, job hunting skills, as well as case management and counseling) to enable people to successfully transition to and maintain permanent housing. "Tree" means any living, woody plant having a single trunk diameter of four inches or more, or a combination of multiple trunks with a total diameter of eight inches or more. The diameter shall be measured at a point 4.5 vertical feet above the undisturbed, natural grade. The diameter is the circumference divided by 3.14. The following six definitions shall apply when implementing Chapter 17.15 (Tree Preservation and Protection): 1. "Alter" means to take an action that could foreseeably diminish the health or vigor of a tree, including but not limited to, excessive or improper pruning of a tree, grade changes around or near a tree, excessive irrigation of a tree, and trenching within the root zone of a tree. Alter does not include periodic trimming shaping, thinning, or pruning of a tree to preserve or protect its health, growth, or appearance in accordance with applicable arboricultural standards and practices. 2. "Dripline" means a line drawn on the ground around a tree directly under its outermost branches which locates where rainwater tends to drip from the tree. When depicted on a map, the dripline will appear as an irregular shaped circle that follows the contour of the tree's branches as seen from overhead. 3. "Protected" means and includes any tree which is not exempt pursuant to Section 35 Proposed Amendment to Implement HE Program 5.1 (Page 182) C The number of off-street parking spaces required for combined uses on one property and/or within one project shall be equal to the sum of the required spaces prescribed for each use, except as provided for in Section 17.16.040 of this Chapter. D. Off-street parking facilities required by this Chapter for any use shall not be considered as providing parking spaces for any other use, except where a shared parking arrangement applies pursuant to Section 17.16.080 of this Chapter. E. Any off-street parking specifically required for a given use shall be provided to users without charge, unless otherwise approved by the City. (Ord. 695 ~3, 2003) 17.16.030 Specific Requirements. Parking spaces shall be provided for land uses and actIVItIes in accord with the following tables. If, in the application of the requirements of this table to a given land use or activity a hactional number is obtained, one parking space shall be required for a fraction of one-half or more, and no space or berth shall be required for a fraction of less than one-half. A. Residential uses. Convalescent Home Day Care, Residential Mobile Home Park Multifamily Residential I per 3 patient beds 1 per assistant (driveway acceptable) 1.5 spaces per unit, one of which must be covered 1 space per studio or I bedroom unit; 2 spaces per 2 bedroom unit; 2.5 spaces per 3 bedroom unit; Plus 1 additional space per bedroom for units > 4 bedrooms and 1 guest parking space for every 4 units. .75 spaces per bedroom unit or occupant, whichever is greater 1 per 500 square feet of gross floor area Off-Campus Student Housing Residential Care Facility Senior Housing 1 covered space per unit, plus 1 space per 4 units for guest parking 2 spaces per unit, one of which must be covered, plus 1 space per 4 units for guest parking 2 spaces per unit in a garage Single-Family Residential (Attached) Single-Family Residential (Detached) 182 EXHIBIT A3 City of Rohnert Park Zoning Ordinance Proposed Amendments to Implement Housing Element Program 5.4 EXHIBIT A3 Proposed Amendment to Implement HE Program 5.4 (Page 42) Land uses that are not specifically listed are not permitted unless determined, by the t4aRning and Commullity-Development Services Director, to be substantially similar to a listed use. If the listed land use is followed by a number or a section reference in parenthesis, that number or reference directs the reader to the conesponding Land Use Footnote or Special Provision which follow this chapter. Affordable Housing Density Bonus (H) GA GA GA GA Agricultural Uses . Pasturing and Grazing (small scale) P . Other C Bed & Breakfast Inn (D) C C Community Center C C C C .-- Communication Facilities (F) Z/C Z/C Z/C Z/C Day Care Center C C C C Day Care Home, Family (G) . Small (8 or fewer children) P P P P . Large (9 or more children) C C C C Equestrian Uses . Stables, Private P . Stables, Commercial C .- Family Care Home/Community Care . Small (6 or less persons) P P P P . Large (7 or more persons) C Farmworker Housing P P Homeless Shelters (M) . Small (6 or less persons) P P P P . Large (7 or more persons) C Kennel (Commercial and Noncommercial) (0) C Manufactured Housing (Q) Z Z Z Z Mobile Home Park or Subdivision C C (see Section 17.06.120) Multi-Family Housing . duplexes-single story P P . other P Private/Public Utility Facility (F) -- . Minor Z/C Z/C Z/C Z/C' " Major C C C C Private Schools . Elementary and Secondary C C C C " High School C C . V ocationallTrade Schools C C Public Facility-Non-city owned or proposed (see also C C C C 42 Proposed Amendment to Implement HE Program 5.4 (Page 101) the housing development complies with this section and with the applicable planning and zoning regulations. b. Housing density bonus and incentive(s) or concession(s) application and approval. (1) The request for approval of a density bonus and incentive(s) or concession(s) shall be made by applying for an Administrative Use Permit. The procedures applicable to the processing of an Administrative Use Permit shall apply to the request for approval of a density bonus and incentive(s) or concession(s). The findings required bv Section 17.25.053 do not apply to Administrative Use Permits granted pursuant to this Section 17.07.020(H). The request for approval of a density bonus and incentive(s) or concession(s) pursuant to this section shall be made along with other applicable related planning action requests for the project as specified in the Rohnert Park zoning ordinance, except for projects for which one or more approvals has been sought prior to the adoption of this section. (2) The request for approval shall include the items specified under subsection (H)( 4)(a)(I) of this section. (3) All of the following findings must be made, as applicable, in order to approve a density bonus and incentive(s) or concession(s): i. That the incentive(s) or concession(s) are required in order to make the affordable housing units economically feasible or to set rents at qualifying levels for low income or very low income households. ii. That design, siting and income thresholds of the affordable housing units substantially comply with all of the requirements and standards set forth in this section. iii. That, prior to issuance of any building or grading permit for the housing development, there will exist an enforceable recorded agreement to maintain the affordability of the affordable housing units for the duration required by this section. c. Denial of incentive application. The request for approval of incentive(s) or concession(s) above and beyond a density bonus may be denied if the city makes a written finding, based upon substantial evidence, of either of the following: (1) The concession(s) or incentive(s) are not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Section 17.08.050(A) of this title. (2) The concession(s) or incentive(s) would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, Title 7, Division 1, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-and moderate-income households. 5. Criteria to evaluate requested incentive(s) or concession(s). 101 EXHIBIT A4 City of Rohnert Park Zoning Ordinance Proposed Amendments to Implement Housing Element Program 14.5 EXHIBIT A4 Proposed Amendment to Implement HE Program 14.5 (Pages 162-165) THIS PACE LEFT BL'\NK INTENTIONALLY 17.10.080 - Reasonable Accommodation A. Purpose It is the purpose of this section to provide reasonable accommodations in the Citv's zoning and land use regulations, policies. and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a (hvelling. This section provides a procedure to request reasonable accommodation for persons with disabilities seeking eill!al access toJ.1ousing u_nder the Federal Fair HousinQ Act and the California Fair Employmcnt and Housing Act (the Acts) in the.:..-_<lPplication of zoning I~ws and other land use regulations, pol icies and procedures. 13. Reasonable Accommodation A request for reasonable accommodation may be made bv any person with a disability, their representative or anv entity, when the application of a zoning 1m\' or other land use regulation. policy or practice acts as a barrier to fair housing opportunities. A person with a qualifying disability under the Acts. Generally, a person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more maior live activities, anvone who is regarded as having such impairment or anvone who has a record of such impairment. The proceeding definition of a person with a disability and this section are intended to apply to those persons who are defined as disabled under the Acts as they may be amended from time to time. A request for reasonable accommodation may include a modification or exception to the rules. standards and practices for the siting. development and use of housing or housi1H!- related bcilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made it} the manner Rrcscribcd by Section 17.10.080 (C) (Process). C. Process (1) Applicant. A reguest for a reasonable accommodation mav be made bv an 1" person with a disability. his or her representative. or a developer or proyider of housing for individuals with a disability. (2) Application. An application for a reasonable accommodation shall be made on an application form provided by the Planning Division. If an individual needs assistance in making the request for reasonable accommodation. the City will proyide assistance to ensure that the process is accessible. 162 Proposed Amendment to Implement HE Program 14.5 (Pages 162-165) (3) Revjew with otheIJan_~!~e cill.1!liG_ations or discretionary P~111lit~..:Jf ttLG_ proi~lJQ1: \vhich the request for reasonable accommodation is made requires another discretionary permit or approval (includini.!. but not limited to: conditional use permit. design review. general plan amendment. zone change. etc.). the aQplicant may file the request for reasonable accommodation together \vith the application for the other discretionary permit or approVed. The processing procedures of the discretionary permit shall govern theioint processing of both the reasonable accommodation and the cliscretionarv permit. (4) Required Submittals.__~~lLllj!nlicatiQ.!Lfor a reasonable acc_ommodatiOlL sha1l include the followi 11& a. Documentation that the applicant is: (i) a person with a disability: (ii) applying _.on_~haILQL(:lD~ or morG..J2..ersons. wi.!lL a di~clbilitY";_Q1:Jiill.....Q developeLor pJ:9vider of housing :(or one or more persol)s \vith a disability. b. The name and address of the individual(s) requesting the reasonable accommodation. e. 'n1e name and addl~ss ofth~...prQQeliY owner(s ). d. The address of the property for which accommodation is requested. e. The current use of the property. f. A description of the reasonable accommodation requested by the applicant and why the reasonable accommodation is necessary to make the specific propertv accessible to the individual. g. Where applicable. documentation that the requested accommodation is designed and constructed pursuant to Title 24 of the California Code of R~l.lla1iQ1JiUQ_c!Jl.o\\' access. circ1].J2!ion and fuU use of the l?JliJding and facilities bv persons with disabilities. (5) The Planning Director may request additional information from the applicant if the application does not provide suiIicient information for the City to make the findings required in SeetionE. D. Review Authority. (1) Development Services Director. Requests for reasonable accommodation shall be reviewed by the Development Services Director (Director). or his designee if the request for reasonable accommodation is not filed concurrently with another discretionary permit or approval. 163 Proposed Amendment to Implement HE Program 14.5 (Pages 162-165) (2) Other Review Authority. Requests for reasonable accommodation submitted J()f concurrent re\/ie\',' with another discretionary land use apQlicatiOlL shall be reviewed bv the authority reviewing the _discr.Q..tionan:.lan~Lll.?~ a12!2licatill.E, E. Review Procedure. (l) Director Review. The Director. or his designee. shall make a written determination within 45 days and either grant. grant \\7ith modifications. or ~ request for reasonable accomlllodation in accordance with Section 17. ] O.08QJ1J (Findings and Decision). (2) Other Reviewing Authoritv. The written determination on whether to grant or denv the request for reasonable accommodation shall be made bv the authoritv res Ron s i hi e for revi e wi!lR.Jbc.~_.fU~~re t L9Jl~1ILlill"l(Luse -1!1212tj_~a t !.QJ..1...1lL<2.Q1:D.l21@n c e with the applicable review~J2Iocedure f(Yr thc discretionary revie\v. 'fhe vvTitten determination to grant or deny the request for reasonable accommodation shall be made in accordance \\7ith Section 17.10.080 (F) (Findings and Decision). F. Findings and Decision. (1 ) Findings. 'fhe written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on the following findings. all of which are required for approval: a. The housing that is the subiect of the request will be used bv an individual with a disabilitv under the Acts. h. The request for reasonable accommodation is necessary~nake specific housing available to em individual v-/ith a disability under the Acts. c. The requested reasonable accommodation would not impose an undue financial or administrative burden on the City as "undue financial or administrative burden" is defined in the Acts. d. '1'he requested reasonable accommodation would not result in a fundamental alteration in the nature of a . City program or law. including but not limited to land use and zoning. as "fundamental alteration" is defined in the Acts. e. The requested reasonable accommodation will not. under the specific facts of the case. result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. (2) Conditions of Approval. In granting a request for reasonable accommodation. the reviewing authority may impose any conditions of approyal deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection (1) above. In making the findings in subsection (1) above. the reviewing authority may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant. 164 Proposed Amendment to Implement HE Program 14.5 (Pages 162-165) G. Appeal of Determination. A determination by the reviewing authoritv to grant or deny a request for reasonable accommodation may be appealed to the Planning Commission. However. if the revie\ving allthorixy~_\vas the Planning Comniission. a decision to grant or deny a request for a reasonable accommodation may be appealed to the Citv Council. 165 EXHIBIT AS City of Rohnert Park Zoning Ordinance Proposed Amendments to Implement Housing Element Program 16.1 EXHIBIT AS Proposed Amendment to Implement HE Program 16.1 (Page 42) Land uses that are not specifically listed are not permitted unless determined, by the Planning and Comm'cmity Development Services Director, to be substantially similar to a listed use. If the listed land use is followed by a number or a section reference in parenthesis, that number or reference directs the reader to the corresponding Land Use Footnote or Special Provision which follow this chapter. . Affordable Housing Density Bonus (H) GA GA GA GA Agricultural Uses -- .. Pasturing and Grazing (small scale) P .. Other C , Bed & Breakfast Inn (D) C C Community Center C C C C Communication Facilities (F) Z/C Z/C Z/C Z/C Day Care Center C C C C Day Care Home, Family (G) .. Small (8 or fewer children) P P P P .. Large (9 or more children) C C C C .-. Equestrian Uses .. Stables, Private P .. Stables, Commercial C - Family Care Horne/Community Care .. Small (6 or less persons) P P P P .. Large (7 or more persons) C Farmworker Housing P P Homeless Shelters (M) -. .. Small (6 or less persons) P P P P .. Large (7 or more persons) GP Kennel (Commercial and Noncommercial) (0) C Manufactured Housing (Q) Z Z Z Z Mobile Home Park or Subdivision C C (see Section 17.06.120) Multi-Family I-lousing .. duplexes-single story P P .. other P Private/Public Utility Facility (F) .. Minor Z/C Z/C Z/C Z/C ., Major C C C C Private Schools .. Elementary and Secondary C C C C .. High School C C .. V ocationallTrade Schools C C Public Facility-Non-city owned or proposed (see also C C C C 42 Proposed Amendment to Implement HE Program 16.1 (Page 46) . Large P Hardware Store P P Health Club C C P Home Improvement Store P Homeless Shelter (M) . Small (6 or less persons) P P P I . Large (7 or more persons) GP GP GP Hospital C C Hotel/Motel (No in-room food preparation unless applied P for and approved as part of project approval or separately. ) Interior Decorator C P P Kennel (Commercial) (0) C Laboratory . In conjunction with a medical, dental or optical use P(I) P(1) P(1) . As a primary use P Laundromat P C Liquor Store (Off-Sale) (R) C C Live Entertainment C C Live/Work (P) C C Massage Therapy (see Chapter 9.80) P(1) C P Medical Clinic P C P Microbrewery with restaurant C Nursery (Horticulture) P Office . Professional and Administrative P P P . Medical and Dental P P P Paint Store P Parking Lot (Commercial) A C A Pawn Shop C Pharmacy (see Drive-Through Window) (1) (Does not P(I) P P include a Medical Marijuana Dispensary, which is a prohibited use within the City.) Photography Studio P P Printing & Blueprinting . Small Copy Center P(I) P P . Print Shop C P Private/Public Utility Facility (F) . Minor Z/C Z/C Z/C . Major C C C Public Assembly C C C Public Facility-Non-city owned or proposed (see also C C C 46 Proposed Amendment to Implement HE Program 16.1 (Page Ill) M. HOMELESS SHELTER 1. This section is intended to provide guidelines to be used to implement policies contained in the Housing Element of the Rohnert Park General Plan with regard to the siting of housing facilities for the homeless in the City of Rohnert Park. 2. Applicability. A homeless shelter for six or fewer persons may be located in conjunction with an existing Church or other places of religious assembly, and in any portion of the City zoned for residential or commercial development. To ensure that a concentration of persons within a single site is compatible with the neighborhood and adequate for the persons living on-site, homeless shelters for seven or more persons may be permitted in conjunction with an existing Church or other places of religious assembly, and in any portion of the City zoned for high- density residential or commercial development only "',lith approval of..a.-eenditional use permit and subject to thc follov;iflg provisions. 3. Physical characteristics. l^.pplicants Persons seeking a conditional use permit to establish homeless shelters shall be required to demonstrate: a. The facilities have adequate private living space, shower and toilet facilities, and secure storage areas for its intended residents. b. The facility shall have at least one room, which has 120 square feet of floor area. Other habitable rooms shall have an area not less than 70 square feet. Where more than two persons occupy a room used for sleeping purposes, the required floor area shall be increased at the rate of 50 square feet for each occupant in excess of two. (Source: Unifonn Housing Code.) Rooms used for sleeping shall meet requirements of the California Building Code and minimum health and safety requirements. c. The facility has an enclosed yard area, especially if the facility is located on a . major thoroughfare. d. There shall be a minimum distance requirement of 600 feet between such facilities as measured between the closest points on the exterior property lines or area boundaries of the parcels or areas involved. e.Facilities for seven or more persons shall have two off-street parking spaces plus one space for every two employees. 4. Programmatic characteristics. a.If the facility is proposed for a location in an area either zoned or developed as a residential area, all intake and screening shall be conducted off-site. 111 EXHIBIT A6 City of Rohnert Park Zoning Ordinance Proposed Amendments to Implement Housing Element Program 16.2 EXHIBIT A6 Proposed Amendment to Implement HE Program 16.2 (Page 35) "Structure" means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. "Structure, accessory": See "accessory building or use." "Structure, attached": See "attached structure." "Student Tenant" means individuals, who are enrolled or have made application and been accepted at a university, college, or trade school and are taking at least 6 credit hours and whose primary occupation is student, including both undergraduate and graduate students alike, residing in a dwelling unit governed by this ordinance. ':S_lmPQxtjy~JI~)1l?ing:'J]1~_<.}1)~__~X~,)i_(lyJ1tLC!L1St;JJE1L.PEQyi~1~:_~_hQ]1?iDg__]:\jtJLlJ(LJimiJ(}})J(;1]gJb of st8Y to adldts with 10\\/ incomes having one or more dis8bilities. includim: mental illness. IIlV or AIDS. substance abuse. or other chronic health CC\nditions. or individuals eligible for services Pl~~\j~l.c:it\ln~i9Elb~JclmJt:DI1.f~LnG2'~1~!R1.lJGEl~11nj?'1biJi_ti(;?_S(,'r~'!<,:e.5j-"_<,:tJPiyL?iQ1)~L~ (<:QDJlnQ.ll<:il)g_\\ith-"~_<:<:J\QIL4:') OPJ_Qjjh~~91t~lre Gm~1_11.I')tjmliQI1?_(:~!~kLGll1."i..11JQ v ,_.G11EQ!lli_91.bsx populations. include t~Hl1ilies with children. eldcrh:.J)ersons. VOlm!! adults ,win!! out of the foster care system, individuals exitin!! from institutional settings. veterans. or homeless people. 011R.J2<,}l:ti_I{~_.I.lQ_~LSjllgj>JjllJ:;~<,:1_tQ_Qll: site.__QX9)I:.0il~_?_t:I~LL<;_e:?._th(lt,1.s)i?t..JJlQ..t.gmmJ,~_.~~tthJh~ ret G1!Ji91.L9f tl:!...G....hgl10ing,_ i m ]2[9 vi D Q his or JJ5;Lbs~_<tLtb._~Ja ms. _~lJdJE~10jn:.liZillgJb~jL~QiJi tv JQJi_ys': and. when possible, to work in the community. Supportive housin!! shall be considered a residential use and onl y subject to those restrictions that applv to other residential uses of the .0{1.g1~JJ]2e_i.!Lth5;__:iill)1~_ zo 1:L~: "Telecom hotel or carrier hotel" means facilities made to house equipment instead of people. "Temporary use/event/building" means a use, event, or building which will be in existence either seasonally or for a period of two years or less. "Townhouse": See "dwelling, single...family, attached." "Trailer" means a vehicle without motor power, designed so that it can be drawn by a motor vehicle, to be used for human habitation or for the transp011ing of personal property. "Transitional Housing" means LC1IlJ2i.ll:QIy...housing provided for {tlonger term (generally up to twenty... four months) with varying degrees of supp011services (e.g., life skills training, financial management, job hunting skills, as well as case management and counseling) to enable people homeless persons to successfully transition to and maintain permanent housing. Transitional housing shall be considered a residential use and only subject to those restrictions that apply to other residential uses of the same type in the same zone. 35 SUMMARY OF ORDINANCE NO. 844 OF THE CITY OF ROHNERT PARK, CALIFORNIA, AMENDING TITLE 17 ZONING OF THE ROHNER T PARK MUNICIPAL CODE TO IMPLEMENT HOUSING PROGRAMS REQUIRED IN THE CITY OF ROHNERT P ARK GENERAL PLAN HOUSING ELEMENT Pursuant to Government Code Section 36933 (c), the following constitutes a summary of Ordinance No. 844 introduced by the Rohnert Park City Council on February 14, 2012 and scheduled for consideration of adoption on February 28, 2012 at its meeting to be held in the City Council Chambers, 130 A vram Avenue, Rohnert Park, California. The purpose of Ordinance No. 844 is to amend portions of the text of Title 17 Zoning of the City of Rohnert Park Municipal Code (hereinafter referred to as "the Zoning Ordinance") to implement certain housing programs of the City of Rohnert Park General Plan Housing Element. In 2010, the City of Rohnert Park updated its General Plan Housing Element. The Housing Element is one of the general plan elements required by State law and is an official response to the need to provide housing for all economic segments of the population, establish goals and programs that will guide City decision making, and set forth an action plan to implement housing programs through the year 2014. The goals, policies, and programs included in the Housing Element were designed to address the existing and projected housing needs of the City of Rohnert Park. Each program has one or more individuals, bodies, or agencies responsible for its implementation, along with a potential or committed funding source, and a schedule for its implementation during the 2007-2014 planning period. The adopted Housing Element has been certified by the California Department of Housing and Community Development subject to the implementation of the housing programs approved by the City Council. Several of the programs included in the Housing Element require an amendment to the City's Zoning Ordinance to implement the policies and achieve the goals of the Housing Element. The proposed Zoning Ordinance text amendments would serve to implement these programs. A certified copy of the full text of the Ordinance is posted and available for review in the City Clerk's Office at 130 Avram Avenue, Rohnert Park, California. . This ordinance shall be in full force and effective thirty (30) days after its adoption, and published and posted as required by law. This ordinance was introduced by the Council of the City of Rohnert Park on 14th day of February, 2012 and is scheduled for consideration of adoption on February 28,2012. DATED: February 7, 2012 Carol Adams, Interi,m City Clerk ORDINANCE NO. 844 AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA, APPROVING AMENDMENTS TO TITLE 17 ZONING OF THE ROHNERT PARK MUNICIPAL CODE WHEREAS, the City of Rohnert Park updated its General Plan I-lousing Element in 2010, as required by State Law. The City Council adopted the Negative Declaration prepared for the Housing Element Update Project on May 11, 2010; WHEREAS, the adopted Housing Element has been celiified by the California Department of Housing and Community Development subject to the implementation of the housing programs approved by the City Council; WHEREAS, several of the programs included in the Housing Element require an amendment to Title 17 Zoning of the City of Rohnert Park Municipal Code (hereinafter referred to as the "Zoning Ordinance") to implement the policies and achieve the goals of the Housing Element. The proposed amendments to the Zoning Ordinance, which are attached as Exhibit A, would serve to implement those housing programs included in the General Plan Housing Element; WHEREAS, pursuant to California State Law and the RPMC, a quarter page public hearing notice was published for a minimum of 10 days prior to the first public hearing in the Community Voice; WHEREAS, on October 27, 2011, the Planning Commission held a public hearing at which time interested persons had an opportunity testify either in support or opposition to the proposal; WHEREAS, consideration of the proposal was continued from the October 27, 2011 Planning Commission hearing to December 8, 2011. WHEREAS, on December 8, 2011, the Planning Commission held a public hearing at which time interested persons had an opportunity to testify either in support or opposition to the proposal; WHEREAS, on February 14,2012, the City Council held a public hearing at which time interested persons had an opportunity to testify either in support or opposition to the proposed Zoning Ordinance amendments; and WHEREAS, the City Council has reviewed and considered the information contained in the staff report and the Zoning Ordinance Amendment materials. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Rohnert Park does ordain as follows: SECTION 1. Findings for Approval of Zoning Ordinance Amendments The City Council of has reviewed Planning Application No. PL2011-032MC, Amendments to the Zoning Ordinance, and hereby makes the following findings: A. A duly noticed public hearing regarding the Zoning Ordinance amendments was held by the Planning Commission on October 27, 2011, continued to December 8, 2011, in confonnance with the notice provisions of Government Code SS 65090 and 65091 and the requirements of the RPMC. B. A duly noticed public hearing regarding the Zoning Ordinance amendments was held by the City Council on February 14, 2012 in conformance with the notice provisions of Government Code SS 65090 and 65091 and the requirements of the RPMC. C. The proposed amendments to the Zoning Ordinance have been reviewed and considered by the City Council. The proposed text amendments are necessary for implementing programs contained in the City's General Plan Housing Element. SECTION 2. Approval of Zoning Ordinance Amendments The City hereby approves the amendments to portions of the text of the Zoning Ordinance in substantially similar form as attached hereto and incorporated herein as Exhibit A which is incorporated by reference as if set forth in full. SECTION 3. Compliance with the California Environmental Quality Act. In accordance with the California Environmental Quality Act, an Initial Study was prepared to determine whether the City of Rohnert Park General Plan Housing Element update and its included goals, policies, programs, and objectives would have a significant adverse effect on the environment. On the basis of that study, it was determined that the update of the Housing Element would not have a significant adverse effect on the environment without implementation of mitigation measures, and a Negative Declaration was prepared. The Negative Declaration was circulated for public review between August 31, 2009 and September 29, 2009 and adopted by the City Council on May 11, 2010. SECTION 4. Severability. The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases. SECTION 5. Effective Date. This ordinance shall be in full force and effective 30 days after its adoption, and shall be published and posted as required by law. This ordinance was introduced by the Council of the City of Rohnert Park on February 14,2012, and was adopted on , 2012 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ROHNERT PARK Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney EXHIBIT A Section 17.04.030 of the Rohnert Park Municipal Code is amended to read as follows: "Ofl-Campus Student Housing" means a living arrangement for Student Tenants within an off-campus dwelling unit or p0l1ion thereof, except if all the Student Tenants are family of the owner of the dwelling or the dwelling is leased and used only by a family as the family's primary residence. Off-campus Student Housing shall not include dormitories owned and operated by a university, college or trade school. "Single-room occupancy (SRO) living unit facility" means a residential development containing secure rooms, of a smaller size than normally found in multiple dwellings, which are rented to a one or two person household. SRO living units are provided for a weekly or monthly period of time, in exchange for an agreed payment or a fixed amount of money or other compensation. "Student Tenant" means an individual who is enrolled or has made application to and been accepted at a university, college, or trade school and who is residing in a dwelling unit governed by this ordinance. "Supp0l1ive Housing" means a residential use that provides housing with no limit on length of stay to adults with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may, among other populations, include families with children, elderly persons, young adults aging outofthe foster care system, individuals exiting from institutional settings, veterans, or homeless people. Supportive Housing is linked to on-site or off-site services that assist the tenants with the retention of the housing, improving his or her health status, and maximizing their ability to live and, when possible, to work in the community. Supportive housing shall be considered a residential use and only subject to those restrictions that apply to other residential uses of the same type in the same zone. "Transitional Housing" means temporary housing provided for a longer term (generally up to twenty-four months) with varying degrees of support services (e.g., life skills training, financial management, job hunting skills, as well as case management and counseling) to enable homeless persons to successfully transition to and maintain permanent housing. Transitional housing shall be considered a residential use and only subject to those restrictions that apply to other residential uses of the same type in the same zone. Section 17.06.030 of the Rohnert Park Municipal Code is amended to read as follows: Affordable I-lousing Density Bonus (H) A A A A Agricultural Uses . Pasturing and Grazing (small scale) P . Other C Bed & Breakfast Inn (D) C C Community Center C C C C Communication Facilities (F) Z/C Z/C Z/C Z/C Day Care Center C C C C Day Care Home, Family (G) . Small (8 or fewer children) P P P P . Large (9 or more children) C C C C Equestrian Uses . Stables, Private P . Stables, Commercial C Family Care Home/Community Care . Small (6 or less persons) P P P P . Large (7 or more persons) . C Farmworker Housing P P Homeless Shelters (M) . Small (6 or less persons) P P P P . Large (7 or more persons) P Kennel (Commercial and Noncommercial) (0) C Manufactured Housing (Q) Z Z Z Z Mobile Home Park or Subdivision C C (see Section 17.06.120) Multi-Family Housing . duplexes-single story P P . other P Private/Public Utility Facility (F) . Minor Z/C Z/C Z/C Z/C . Major C C C C Private Schools . Elementary and Secondary C C C C High School C . C . . V ocationallTrade Schools C C Public Facility-Non-city owned or proposed (see also C C C C Public Utility) Public Facility-City owned or proposed (subject to P P P P Planning Commission review on referral from City Council) Rooming or Boarding Hou_~~ . Single Room Occupancy Living Unit Facility (Z) A A . Fraternity/Sorority C Recovery Facility . Small (6 or less persons) P P P P . Large (7 or more persons) C Religious Assembly C C C C Residential Care Facility (Congregate Care/Assisted Living) . Small (6 or less persons) P P P P . Large (7 or more persons) C C C C Second Residential Unit (e.g., in-law units) (X) Z Z Z Z Single Family Dwellings P P P C . Accessory Uses/Structures . Antenna, Vertical/Satellite Dish (F) PIC PIC PIC PIC . Accessory Structure (see Sections17.10.020 and P P P P 17.10.060) . Home Occupation (L) Z Z Z Z Temporary Use/Event (EE, see also DD) . Arts & Crafts Shows/Outdoor T T T T . Outdoor Exhibit T T T T . Religious Assembly C C C C . Seasonal Lots/Activity (e.g., Christmas trees, T T T T pumpkins) . Recreation Event Small (e.g., one or two day skateboard demo or T T T t remote control car races) Large C C C C (Ord. 739 92 (part), 2005; Ord. 695 93,2003) Section 17.06.060 of the Rohnert Park Municipal Code is amended to read as follows: . Large P Hardware Store P P Health Club C C P Home Improvement Store P Homeless Shelter (M) . Small (6 or less persons) P P P . Large (7 or more persons) P P P Hospital C C - Hotel/Motel (No in-room food preparation unless applied P for and approved as part of project approval or separately.) Interior Decorator C P P Kennel (Commercial) (0) C Laboratory . In conjunction with a medical, dental or optical use P(I) P(I) P(I) . As a primary use P Laundromat P C Liquor Store (Off-Sale) (R) C C Live Entertainment C C Live/Work (P) C C Massage Therapy (see Chapter 9.80) P(I) C P Medical Clinic p C P Microbrewery with restaurant C Nursery (Horticulture) P Office . Professional and Administrative P P P . Medical and Dental P P P Paint Store P Parking Lot (Commercial) A C A Pawn Shop C Pharmacy (see Drive-Through Window) (I) (Does not P(I) P P include a Medical Marijuana Dispensary, which is a prohibited use within the City.) Photography Studio P P Printing & Blueprinting . Small Copy Center P(I) P P . Print Shop C P Private/Public Utility Facility (F) . Minor Z/C Z/C Z/C . Major C C C Public Assembly C C C Public Facility-Non-city owned or proposed (see also C C C Public Utility) Public Facility-City owned or proposed (subject to P P P Planning Commission review on referral from City Council) Recovery Facility . Small (6 or less persons) C C C . Large (7 or more persons) C C Recycling Facility (V) . Reverse Vending Machines P p . Small Collection Facility C C C . Large Collection Facility C ---- Religious Assembly C C C Research and Development (Office Type Uses) P Residential Care Facility . Congregate Care/Assisted Living C C C . Convalescent Hospital C C C . Senior Housing (Independent Living) C C C Residential uses as a part of a mixed use project when C C C located in the same building as a nonresidential use. Restaurant . General P p P . Fast Food (see also Drive-Through Window-9) C C C . Outdoor & Sidewalk Cafe (S) A A A . Take Out/Delivery P P P . With Bar & Live Entertainment (R) C C Retail, General and Specialty P(I) P P . Department or Big Box Retail P Retail Warehouse Store (e.g., big box) P School C C C . Elementary or Secondary C C . High School C C . Trade School C C . College C Self-Storage Facility (y) C Sign Shop . Small (e.g., typically located in a small office/retail P P space) . Large P C Single Room Occupancy Living Unit Facility (Z) A Single Room Occupancy Residential Hotel (Z) A Studio (e.g. Dance, Martial Arts) Tailor Tattoo/Piercing Studio Telecom Hotel c P(I) c P C c P C c Section 17.06.130 of the Rohnert Park Municipal Code is amended to read as follows: Religious Assembly .. Homeless shelter (6 or less persons) Residential Facility .. Congregate Care/Assisted Living .. Convalescent Hospital " Single Room Occupancy Living Unit Facility (Z) .. Single Room Occupancy Residential Hotel (Z) _" Senior Housing (Independent Living) Residential Use .. Live/Work (16) " Multi-Family .. Townhouse Restaurant .. General .. Outdoor & Sidewalk Cafe (19) " Take Out/Delivery (drive-through windows not permitted) .. With Bar & Live Entertainment (18) _~etail, General and Specialty School .. Elementary or Secondary .. High School .. Trade School .. College Studio (e.g. Dance, Martial Arts) Tailor Tattoo/Piercing Studio Temporary Use/Event (3 I; see also 30) .. Arts & Crafts Show .. Circus/Carnival .. Flea Market/Swap Meet .. Live Entertainment .. Outdoor Exhibit .. Recreational Event " Religious Assembly " Retail Sales .. Seasonal Lot/Activity (e.g. Christmas trees, pumpkins) .. Trade Fair ..Ill~l1ter (under 500 seats) C P C C C P P P P P P P A P C P C C C C C P C T T C C T C C T T T C Subsection H(4)(b)(1) of Section 17.07.020 of the Rohnert Park Municipal Code is amended to read as follows: b. Housing density bonus and incentive(s) or concession(s) application and approval. (1) The request for approval of a density bonus and incentive(s) or concession(s) shall be made by applying for an Administrative Use Permit. The procedures applicable to the processing of an Administrative Use Permit shall apply to the request for approval of a density bonus and incentive(s) or concession(s). The findings required by Section] 7.25.053 do not apply to Administrative Use Permits granted pursuant to this Section] 7.07.020(H). The request for approval of a density bonus and incentive(s) or concession(s) pursuant to this section shall be made along with other applicable related planning action requests for the project as specified in the Rohnert Park zoning ordinance, except for projects for which one or more approvals has been sought prior to the adoption of this section. Subsections M(2) and M(3) of Section 17.07.020 of the Rohnert Park Municipal Code is amended to read as follows: M. HOMELESS SHELTER 2. Applicability. A homeless shelter for six or fewer persons may be located in conjunction with an existing Church or other places of religious assembly, and in any p0l1ion of the City zoned for residential or commercial development. To ensure that a concentration of persons within a single site is compatible with the neighborhood and adequate for the persons living on-site, homeless shelters for seven or more persons may be permitted in conjunction with an existing Church or other places of religious assembly, and in any portion of the City zoned for high- density residential or commercial development. 3. Physical characteristics. Persons seeking to establish homeless shelters shall be required to demonstrate: a. The facilities have adequate private living space, shower and toilet facilities, and secure storage areas for its intended residents. b. The facility shall have at least one room, which has 120 square feet of floor area. Other habitable rooms shall have an area not less than 70 square feet. Where more than two persons occupy a room used for sleeping purposes, the required floor area shall be increased at the rate of 50 square feet for each occupant in excess of two. (Source: Uniform Housing Code.) Rooms used for sleeping shall meet requirements of the California Building Code and minimum health and safety requirements. c. The facility has an enclosed yard area, especially if the facility is located ona major thoroughfare. d. There shall be a minimum distance requirement of 600 feet between such facilities as measured between the closest points on the exterior property lines or area boundaries of the parcels or areas involved. e.Facilities for seven or more persons shall have two off-street parking spaces plus one space for every two employees. Subsection Z of Section 17.07.020 of the Rohnert Park Municipal Code is amended to read as follows: Z. Single Room Occupancy. ]. Single Room Occupancy (SRO) living unit facility. An SRO living unit facility may be permitted or permitted with approval of an administrative permit in indicated districts subject to the following conditions: a. Excluding the closet and the bathroom area, a SRO living unit shall be a minimum of one hundred fifty sq.ft. in floor area. The average unit size in a living unit facility shall be no greater than two hundred seventy-five sq.ft. and no individual unit may exceed 400 sq.ft; b. Each SRO living unit shall be designed to accommodate a maximum of two persons; c. An SRO living unit may contain partial kitchen facilities that are built-in and approved by the Building Department; d. Individual SRO living units shall not have separate external entryways; e. An SRO living unit shall be provided with a kitchen equipped with a kitchen sink; however, an SRO unit maycontain partial kitchen facilities so long as a sink is provided and kitchen facilities are provided on each floor accessible from a public hallway; all complete and partial kitchen facilities shall be built-in and approved by the Building Department; f. An SRO living unit shall be provided with a separate closet and a bathroom equipped with facilities consisting of a water closet, lavatory, and either a bathtub or shower; g. The SRO living unit facility shall have a management plan approved by the Development Services Director. The management plan shall contain management policies, operations, rental procedures, and maintenance plans, staffing needs and security procedures. An on- site, twenty-four hour manager is required in every living unit project. The rental procedures must allow for both weekly and monthly tenancies and specify deposit requirements for each type of tenancy. A manager's unit shall be a complete dwelling unit and so designated on all plans; h. Laundry facilities shall be provided in a separate rOOm at the ratio of one washer and one dryer for every twenty units or fractional number thereof. The laundry facility shall be located near the interior common space. Washers and dryers shall be coin operated; I. A closet and separate storage space, as approved by the Development Services Director, is required in every SRO living unit facility; J. A cleaning supply storeroom and/or utility closet with at least one laundry tub with hot and cold running water shall be provided on each floor of the living unit building. k. The SRO living unit facility shall provide interior common space at a minimum of four sq.ft. per unit. An, SRO living unit facility must provide at least two hundred sq.ft. in area of interior common space, excluding janitorial storage, laundry facilities, and common hallways. The Planning Commission or Development Services Director shall deny an application for a SRO I iving unit facility hereunder where the information submitted by the applicant and/or presented at the public hearing fails to substantiate that the project will comply with these criteria. 2. Single Room Occupancy (SRO) residential hotel. An SRO residential hotel may be permitted or permitted with approval of an administrative permit in indicated districts subject to the following conditions: a. Excluding the closet and the bathroom area, an SRO residential hotel unit shall be at least seventy sq.ft. in floor area; b, An SRO residential hotel unit designed to accommodate a maximum of one person shall not exceed one hundred fifty sq.ft. in floor area, and SRO residential hotel unit designed to accommodate a maximum of two persons shall be between one hundred fifty and two hundred nineteen sq.ft. in floor area; c. An SRO residential hotel unit shall be provided with a kitchen equipped with a kitchen sink; however, an SRO residential hotel unit may contain partial kitchen facilities so long as a sink is provided and kitchen facilities are provided on each floor accessible from a public hallway; all complete and partial kitchen facilities shall be built-in and approved by the Building Depm1ment; d. An SRO residential hotel unit shall be provided with a bathroom equipped with facilities consisting of a water closet, lavatory, and either a bathtub or shower; however, an SRO residential hotel unit may contain pm1ial bathroom facilities if common bath facilities are provided as follows: I. Where private water closets, lavatories and baths are not provided, there shall be provided on each floor, for each sex, at least one water closet and lavatory and one bath, accessible from a public hallway. II. Additional water closets, lavatories and baths shall be provided on each floor for each sex at the rate of one for every additional ten guests or fractional number thereof in excess of ten. Ill. Such facilities shall be clearly marked for "men" or "women." IV. Each sink, lavatory and either a bathtub or shower shall be equipped with hot and cold running water necessary for its normal operation. e. Individual SRO residential hotel units may not have separate external entryways; f. The SRO residential hotel shall have a management plan approved by the Development Services Director. The management plan shall contain management policies, operations, rental procedures, and maintenance plans, staffing needs and security procedures. An on- site, twenty-four hour manager is required in every SRO residential hotel. The rental procedures must allow for daily, weekly and monthly tenancies and specify deposit requirements for each type of tenancy. A manager's unit shall be a complete dwelling unit and so designated on all plans. g. Laundry facilities shall be provided in a separate room at the ratio of one washer and one dryer for every twenty units or fractional number thereof. The laundry facility shall be located near the interior common space. Washers and dryers shall be coin operated; h. A closet and separate storage space, as approved by the Development Services Director, is required in every SRO residential hotel; I. A cleaning supply storeroom and/or utility closet with at least one laundry tub with hot and cold running water shall be provided on each floor of the SRO residential hotel. J. The SRO residential hotel shall provide interior common space at a minimum of four (4) sq.ft. per unit. An SROresidential hotel shall provide at least 200 sq.ft. in area of interior common space, excluding janitorial storage, laundry facilities, and common hallways. The Planning Commission or Development Services Director shall deny an application for a SRO residential hotel hereunder where the information submitted by the applicant Section 17.10.080 of the Rohnert Park Municipal Code is added to read as follows: 17.10.080 - Reasonable Accommodation A. Purpose It is the purpose of this section to provide reasonable accommodations in the City's zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. This section provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and I-lousing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures. B. Reasonable Accommodation A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a zoning law or other land use regulation, policy or practice acts as a balTier to fair housing opportunities. A person with a qualifying disability under the Acts. Generally, a person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major live activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. The proceeding definition of a person with a disability and this section are intended to apply to those persons who are defined as disabled under the Acts as they may be amended from time to time. A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing- related facilities that would eliminate regulatory balTiers and provide a person with a disability equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by Section 17.10.080 (C) (Process). C. Process (l) Applicant. A request for a reasonable accommodation may be made by any person with a disability, his or her representative, or a developer or provider of housing for individuals with a disability. (2) Application. An application for a reasonable accommodation shall be made on an application form provided by the Planning Division. If an individual needs assistance in making the request for reasonable accommodation, the City will provide assistance to ensure that the process is accessible. (3) Review with other land use applications or discretionary permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval (including but not limited to; conditional use permit, design review, general plan amendment, zone change, etc.), the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit. (4) Required Submittals. An application for a reasonable accommodation shall include the following: a. Documentation that the applicant is: (i) a person with a disability; (ii) applying on behalf of one or more persons with a disability; or (iii) a developer or provider of housing for one or more persons with a disability. b. The name and address of the individual(s) requesting the reasonable accommodation. c. The name and address of the property owner(s). d. The address of the property for which accommodation is requested. e. The current use oftheproperty. f. A description of the reasonable accommodation requested by the applicant and why the reasonable accommodation is necessary to make the specific property accessible to the individual. g. Where applicable, documentation that the requested accommodation is designed and constructed pursuant to Title 24 of the California Code of Regulations to allow access, circulation and full use of the building and facilities by persons with disabilities. (5) The Planning Director may request additional information from the applicant if the application does not provide sufficient information for the City to make the findings required in Section E. D. Review Authority. (1) Development Services Director. Requests for reasonable accommodation shall be reviewed by the Development Services Director (Director), or his designee if the request for reasonable accommodation is not filed concurrently with another discretionary permit or approval. (2) Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application. E. Review Procedure. (1) Director Review. The Director, or his designee, shall make a written determination within 45 days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with Section 17.10.080 (F) (Findings and Decision). (2) Other Reviewing Authority. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with Section 17.10.080 (F) (Findings and Decision). F. Findings and Decision. (I Y Findings. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on the following findings, all of which are required for approval: a. The housing that is the subject of the request will be used by an individual with a disability under the Acts. b. The request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts. c. The requested reasonable accommodation would not impose an undue financial or administrative burden on the City as "undue financial or administrative burden" is defined in the Acts. d. The requested reasonable accommodation would not result in a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning, as "fundamental alteration" is defined in the Acts. e. The requested reasonable accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. (2) Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection (1) above. In making the findings in subsection (1) above, the reviewing authority may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant. G. Appeal of Determination. A determination by the reviewing authority to grant or deny a request for reasonable accommodation may be appealed to the Planning Commission. However, if the reviewing authority was the Planning Commission, a decision to grant or deny a request for a reasonable accommodation may be appealed to the City Council. Subsection A of Section 17.16.030 of the Rohnert Park Municipal Code is amended to read as follows: A. Residential uses. Convalescent Home Day Care, Residential Mobile Home Park Multifamily Residential Off-Campus Student I-lousing Residential Care Facility Senior Housing Single-Family Residential (Attached) Single-Family Residential (Detached) I per 3 patient beds I per assistant ( driveway acceptable) . ].5 spaces per unit, one of which must be covered ] space per studio or I bedroom unit; 2 spaces per 2 bedroom unit; 2.5 spaces per 3 bedroom unit; Plus ] additional space per bedroom for units ::': 4 bedrooms and I guest parking space for every 4 units. .75 spaces per bedroom unit or occupant, whichever is greater ] per 500 square feet of gross floor area ] covered space per unit, plus I space per 4 units for guest parking 2 spaces per unit, one of which must be covered, plus ] space per 4 units for guest parking 2 spaces per unit in a garage NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Rohne11 Park will be holding a PUBLIC HEARING. WHERE: RohnertPark City Hall - Council Chamber 130 Avram Avenue Rohnert Park, California WHEN: Tuesday, February 14,2012, at the hour of 6:00 p.m. or as soon thereafter as the matter is reached on the agenda. PURPOSE: To solicit input regarding: . PUBLIC HEARING - AMENDMENTS TO THE ZONING ORDINANCE File No. PL2011-032Mc - City of Rohnert Park - Consideration and approval of amendments to the text of Title 17 Zoning of the City of Rohnel1 Park Municipal Code necessary for implementing housing programs required in the City of RohnertPark General Plan Housing Element. The Housing Element, which was updated and adopted by the City in 2010, was subsequently certified by the California Department of Housing and Community Development subject to the implementation of the housing programs approved by the City Council. Several of the approved housing programs require an amendment to the City's Zoning Ordinance to implement the policies and achieve the goals of the Housing Element. The proposed Zoning Ordinance text amendments will ensure implementation of these housing programs. Representatives of this proposal will be available to respond to questions. All persons interested in this matter should appear at the February 14, 2012 City Council meeting. Written statements may be submitted to the City Clerk in advance for presentation to the Council as part of the public hearing. 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. Documents related to this item are available for public review during normal business hours at the City Clerk's Office, 130 Avram Avenue, Rohnert Park, cA, (707) 588-2225. Questions regarding this matter should be directed to Planning staff at (707) 588-2231. Dated: February 1,2012. Published: February 3,2012 Carol Adams, Interim City Clerk ITEM NO.9 Mission Statement "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow. " CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: February 14,2012 Department: Administration Submitted By: Carol Adams, Interim City Clerk Prepared By: Agenda Title: Sister Cities Relations Committee Appointments RECOMMENDED ACTION: Consider nomination ofthe following two candidates: 1) Kate Sanderson; and 2) Holly Melton, for appointment to fill two of the seven existing vacancies on the Sister Cities Relations Committee for the remainder of two, 2-year terms which expire on December 31, 2013. BACKGROUND: The Sister Cities Relations Committee was established to enhance global understanding between citizens of the various countries of the world by encouraging communication and cultural exchanges. The program offers an opportunity for citizens of all ages to discover that people around the world are fundamentally alike regardless of cultural influences or perceived differences. Members of the Sister Cities Relations Committee shall reside or work in Rohnert Park and will serve "at-large" with appointments made for each 2-year term by a majority vote of the City Council. Currently, seven vacancies exist on the Committee with two, 2-year terms expiring on December 31 2012 and five 2-year terms expiring on December 13,2013. The City Clerk's Office distributed and posted notices of the vacancies on the Sister Cities Relations Committee on January 17,2012. Two 'Fact Sheet Applications' from Kate Sanderson and Holly Melton were received and are attached to this report for consideration. ANALYSIS: N/A OPTIONS CONSIDERED: N/A FISCAL IMP ACT/FUNDING SOURCE: N/A 1 ITEM NO. Department Head Approval Date: February 3, 2012 City Manager Approval Date: City Attorney Approval Date: N/ A Attachments: 1. Fact Sheet Application - Kate Sanderson 2. Fact Sheet Application - Holly Melton 2 CITY OF ROHNERT PARK · 130 Avram Avenue · Rohnert Park, CA . 94928 PHONE: (707) 588-2227 FAX: (707) 792-1876 EMAIL: cadams@rpcity.org Ii~ FACT SHEET FOR CITY COUNCIL APPOINTMENTS TO COMMISSIONS. BOARDS OR COMMJ!4~~/~ To which Commission, Board, or Committee do you seek Appointment? ~ Op .3?, <'O/. 'l::/) Q, t r- L r () I -1' . ~Olt <> 0\~ -e\\ Tle.J f\e DLnfYI S rnfYlfY\~ 'n-c:e _ q,~1?1' ~~ Name: \ <a+e ~nd -er3(Y"") Residence Telephone: I OI-,~?JS--PrL c; 1'1( Address: J 4~ C-urre t\ C-r- ~cYlrlt:),+ Yor-\L Work phone: Fax: Cell: liS - 8S I 8 E-mail:JS...tfY\(){\ I(P f~il ~ hOD I c..or-v--, Indicate Reasons for your Interest in Appointment: $~~;~~:~i~i;~~i~:~{~es, ~rn--'1v be(()(y)f (Y)o("fJ od-)v.p h 'he\pif1j nt'hers C\~(;('Je a/Y~-erUl'lL( ~l)rh!(4.\, d,v~Ii-~ ---- List Activities in Clubs, Associations, etc. ~OhV\Fr+ po.rK -~tQJi mo\-V\er..sdu\::>- fxmJ.. MV'rh \:x>r\ ~J\-\-cn Un,v~l*l \lX'f)(\\ AS) DC.. ) - ssocc~:hl'Y' 0'-0- ~\ '5\r\t A-11~\ t..)ne~wd21s~{JLlb Are you 18 or over? Yes:~No:_ Are you registered to vote in Rohnert Park? Yes: ~ No: What year did you became a Rohnert Park Resident: 9oo{ Employer:Un~~~ A\r\~~-Cl.. )((Rm\~ an \!o\UrDa(, (:ur\OLJjh Address: PO bt)'( -toto \(n f,\r\; C~() \ L l OO(OV;lo -f2:iL)('A cur-o-P-~'FO ) Type of Business: r \ l d kf A\--\:enrt a.n\- SpecificWOrkPerfOrmed:~l(~&,~~ cf-fl~~,a.sSl+-e& ~e~( &2rvW( ~co\ ~ bev..ete.CJ-<-\ p-o"lIclecl (YVlQl,w c:'l~~u.. U~f\ v'\e(e~(''j Do you have a High School Diploma? <Lje~') Other Degrees, Awa~., etc. ~~~s Oe<Jrc€- - f':;o"-ttn Un ive(.) I~ ~ \rrtef'ncrtJ ~\ f l)()S ~t~Y~ \ ','2lo1 \2- Date PLEASE RETURN TO CITY CLERK'S OFFICE: 130 Avram Avenue. Rohnert Park. CA 94928 (Form approved by City Council1m03) M:\Commission.committee-Board AppointmentsIFormsIF ACf SHEET,DQC CITY OF ROHNERT PARK. 130 Avram Avenue. I"(onnen. ....(11'1\, \.I"'. O1"",",U PHONE: (707) 588-2227 FAX: (707) 792-1876 EMAIL: cadams@rpcity.org FACT SHEET FOR CITY COUNCIL APPOINTMENTS TO COMMISSIONS. BOARDS OR c~T PARK To which Commission, Board, or Committee do you seek Appointment? < \ s\e(J.-- C~ Co~~~a-~ \ \\-0\\'1 ~^P.J\~-r-- Address: ~\O~ ()\=~VVJ-..)'~ D~ \}e...-- ) Work phone: tt\S-- ~ <b 0.-3-0 \~ Fax: E-mail: \N\...e.,,\ \0 'r- ~-I. 'N' ~ 0>...-0 \, ~ CO"(y- FEB 0 1 2012 CITY CLERK Residence Telephone: ~ - 5'6 s- ~'\SS; ,?-o~VV?A{\: ~~~ ~~~tt Cell :, t:; l - l.\ <t \0 - o?-}...J; g Name: Indicate Reasons for your Interest in Appointment: ~ ~~v-e. ~ t)\r-. ,~ Cb~~~ -' ~v \a oY "1- ~~t~~ ~~i~~~1~~ _~ ~' ~V'\)(S'--=- __Ct!\ . \ ..~<l \{\J"v\ 4,~ \~ - LislActiv~ies in ~ia~;it 2~Qdr ~ ~~~ ~~ . ." .^ .V _ ~ 'Gt: . I (" -JTf\" '.\:\-0-"--- \ (" - - ,\QMJ.\ Are you 18 or over? Yes: ~ No: _ Are you registered to vote in Rohnert Park? Yes: ~ No:_ What year did you became a Rohnert Park Resident: \ q C\. \.p Employer: \\::.,.J;.o~;) ~ ""'~::-'\\ ~ IN\:'\ \~ ~ Address: ?O ~~XC:(~ ~ \'-1~, '\-=JtN~) 9'-\4.~ Type of Business: S ~~~~. ~ ~ \ \<0 $\~ Specific Work Performed: Q, V> V I ~ "i:; ~0c:>Y----- ~$-O \u:, 61 \/ \1 ( <:5l----- Do you have a High School Diploma? ~J.-L> Olher Degrees, Awards, elc. \(:J _ "" _ C:WV~ ) " ~ j.YJ~~ r Signa~ r ~ PLEASE RETURN TO CITY CLERK'S OFFICE: 130 Avram Avenue. Rohnert Park. CA 94928 (Form approved by City Council 117103) M:\Commission-Committee-Board Appointments\Forms\F ACT SHEET.DOC 2/14/12 City Council Agenda Item No. 10.B.1 SCTA 490 MENDOCINO AVENUE, SUITE 206 SANTA ROSA, CA 95401 WWW.SCTAINFO.ORG (707) 565-5373 RCPA sonoma county transportation authority reqlonal climAte prottH:tion authority BOARD OF DIRECTORS AGENDA February 6,2012- 2:30 p.m. Sonoma County Permit & Resource Management Department Planning Commission Hearing Room - 2550 Ventura Avenue, Santa Rosa, CA 1. Call to order the meeting of the Sonoma County Transportation Authority (SCT A) and the Sonoma County Regional Climate Protection Authority (RCPA) 20 Public comment on items not on the regular agenda 30 Consent Calendar A SCT A Consent 3.1. Measure M - Hwy 101 North B CTS agreement with JTD, LLC (ACTION)* 3.2. Measure M - contract extension for financial services with KNN (ACTION)* 3.3. Measure M - riparian mitigation for Airport interchange, proposed agreement with Sonoma County Agricultural Preservation and Open Space District (ACTION)* 3.4. Measure M - bond disclosure statements for 2011 (ACTION)* 3.5. Bike/Ped - contract for services with Taylor Mitchell for economic data review (ACTION)* 3.6. Bike/Ped - Adoption of the Santa Rosa Bicycle and Pedestrian Master Plan as part of SCTA's Countywide Bicycle & Pedestrian Master Plan 3.7. Admin - FY11/12 SCTA budget adjustment for salaries and office furniture (ACTION)* B. RCPA Consent 3.8. Seventh Amendment to agreement with Bevilacqua Knight (ACTION)* 3.9. Proposition 84 grant - letter of support (ACTION)* C. SCTA/RCPA Concurrent Items 3.10. Minutes of the December 12, 2011 meeting (ACTION)* 4. Regular Calendar D. SCTA/RCPA Concurrent Items 4.1. Election of Officers for 2012 (ACTION)* 4.2. Form 700 requirement (REPORT)* 4.3. FY1 0/11 Annual Audits for SCT A, RCPA and Measure M (ACTION)* 4.4. FY10/11 SCT NRCPA Annual Report (ACTION)* E. SCTA 4.5. SCT A Projects and Programming 4.5.1. Measure M - FY1 0/11 Annual Report (ACTION) Report available online at: http://www.sctainfo.orq/measuremreport.htm 4.5.2. Legislation - update on proposed State budget and transportation bills (ACTION)* 4.5.3. Update on State Highway projects - Rte. 116 and Hwy. 101 (REPORT) SCT A Planning 4.6. @@~CI) . ~@ @ 2 4.6.1. Sustainable Communities Strategy / Regional Transportation Plan - update on status of planning efforts and grant program (ACTION)* F. RCPA 4.7. 4.8. RCPA Planning 4.7.1. Sonoma Clean Power - status report (REPORT)* RCPA Projects and Programs 4.8.1. Energy Upgrade California - transition from ARRA funding (ACTION)* 4.8.2. Energy Upgrade California - regional incentive waitlist (ACTION)* 4.8.3. On Water Bill - update on status of Windsor Efficiency PA YS@ (REPORT)* 4.8.4. RCPA activities report (REPORT)* RCPA Administration 4.9.1. Draft agenda for annual strategy session (ACTION) 4.9. 5. Reports and Announcements 5.1. SMART report 5.2. NCRA report 5.3. MTC report* 5.4. Executive Committee report 5.5. Advisory Committee agendas* 5.6. SCTAlRCPA staff report 5.7. Announcements 6. Adjourn *Materials attached, The next SCT AlRCP A meetings ~i11 be held March 12, 2012 Copies of the full Agenda Packet are available at www.sctainfo.org DISABLED ACCOMMODATION: If you have a disability that requires the agenda materials to be in an alternate format or that requires an interpreter or other person to assist you while attending this meeting, please contact SCTAlRCPA at least 72 hours prior to the meeting to ensure arrangements for accommodation. SB 343 DOCUMENTS RELATED TO OPEN SESSION AGENDAS: Materials related to an item on this agenda submitted to the SCTAlRCPA after distribution of the agenda packet are available for public inspection in the SCTAlRCPA office at 490 Mendocino Ave., Suite 206, during normal business hours. Pagers, cellular telephones and all other communication devices should be turned off during the committee meeting to avoid electrical interference with the sound recording system. TO REDUCE GHG EMISSIONS: Please consider carpooling or taking transit to this meeting. For more information check www.511.orq, http://www.srcitv.orq/citvbus or www.sctransit.com 3 2/14/12 City Council Agenda Item No. 10.B.2 FOR ACCESSIBLE g MEETING INFORMATION CALL: (707) 543-3350 ADD: (707) 543-3031 WATER ADVISORY COMMITTEE AND TECHNICAL ADVISORY COMMITTEE MONDAY, FEBRUARY 6, 2012 9:00AM Utilities Field Operations Training Center 35 Stony Point Road, Santa Rosa, Ca This is a combined WAG and TAG meeting. 1. Check In 2. Public Comment 3. Recap from the November 17, 2011. WACIT AC Meeting and Approval of Minutes 4. Recap from the January 9,2012 TAC Meeting and Approval of Minutes 5. Water Supply Coordination Council 6. FY 2012/13 Draft SCWA Budget 7. Draft SCWA Long Range Financial Plan Project List (http://www.scwa.ca.qov/finance/) 8. Sonoma Marin Saving Water Partnership Annual Report http://www. savinqwaterpartnership. orq/wp-content/uploads/smswp-1 0- 11 %20Annual%20Report%20FI NAL %20DRAFT%20web. pdf 9. SCWA Water SupplylTransmission System Operations Status (So. Valley GWM Plan/Storm Water Mgmt.) 10. Local Water Supply/Operations Status (VOMWD) 11. Biological Opinion Status Update 12. Integrated Regional Water Management Plan(s) Update 13. Items for Next Agenda 14. Check Out \\fiIeserverlredirect$\erpad\wcs\brianmm\Desktop\WAC meeting feblWAC TAC Agenda .020612.docx 2/14/12 City Council Agenda Item No. 10.C.2 : ..:'~}tth1f_l&fi~;:;:~'-'. MEETING AGENDA: January 26, 2012 2:00 pm - 4:00 pm Note Location: Sonoma County Water Agency 404 Aviation Blvd Santa Rosa, CA 95403 1. Call to Order 2:00 2. Introductions and Chair Report 5 min. 3. Receive "and Adopt November 17, 2011 Minutes 5 min. Discussion/Action 4. Status Report on Central Landfill Permit 10 min. Discussion/Action (Staff) 5. Update on JPA Activities of Interest 10 min. Informational (Steve Barbose, Council Member, City of Sonoma) 6. Presentation on Preliminary Report on Independent 45 min. Discussion/Action Consultant's Analysis (HDR) 7. Role and Responsibility of the T AC (Staff) 15 min. Discussion/Action 8. Presentation on Vermiculture 10 min. Informational 9. Informational Presentation on Solid Waste Management 15 min Informational Agency Joint Powers Agreement (Henry Mikus, Executive Director of Sonoma County Waste Management Agency) 10. Public Comments on Items not on 10 min. Discussion/Action the Agenda 11. Confirm Future Meeting Schedule 5 min. February 9, 2012 12. Adjourn 4:00 Sonoma County/City Solid Waste Advisory Group C/O County of Sonoma Department of Transportation and Public Works 2300 County Center Drive, Suite B100 Santa Rosa, California 95403 Phone: (707) 565-2231 Fax: (707) 565-2620 http://supervisors.sonoma-county.org/boards_and _ commissions.aspx PUBLIC COMMENT: Any member of the audience desiring to address the Group on a matter on the agenda: Please walk to the podium and afterreceiving recognition from the Chair, state your name and make your comments. In order that all interested parties have an opportunity to speak, please be brief and limit your comments to the subject under discussion. Each person is usually granted 3 minutes to speak; time limitations are at the discretion of the Chair. DISABLED ACCOMMODATION: If you have a disability which requires an accommodation, an alternative format, or requires another person to assist you while attending this meeting, please contact the departmental ADA Coordinator, Karen Solberg, at (707) 565-2231 as soon as possible to ensure arrangements for accommodation. 2/14/12 City Council Agenda Item No. 10.C.2 MEETING AGENDA: February 9, 2012 2:00 pm - 4:00 pm Note Location: Sheriff's Training Room 2796 Ventura Ave Front Lobby - Training Room Santa Rosa, CA95403 1. Call to Order 2:00 2. Introductions and Chair Report 5 min 3. Receive and Adopt January 26, 2012 Minutes 5 min Discussion/Action 4. Status Report on Central Landfill Permit 5 min Discussion/Action (Staff ) 5. Presentation #2 on Draft Final Report on Independent 1.5 hour Discussion/Action Consultant's Analysis (HDR) 6. Informational Presentation on Solid Waste Management 10 min Informational Agency Joint Powers Agreement (Henry Mikus, Executive Director of Sonoma County Waste Management Agency) 7. Public Comments on Items not the Agenda 5 min. Discussion/Action 8. Confirm Future Meeting Schedule 9. Adjourn 4:00 PUBLIC COMMENT: Any member of the audience desiring to address the Group on a matter on the agenda: Please walk to the podium and after receiving recognition from the Chair, state your name and make your comments. In order that all interested parties have an opportunity to speak, please be brief and limit your comments to the subject under discussion. Each person is usually granted 3 minutes to speak; time limitations are at the discretion of the Chair. DISABLED ACCOMMODATION: If you have a disability which requires an accommodation, an alternative format, or requires another person to assist you while attending this meeting, please contact the Clerk of the Board at (707) 565-224 I, as soon as possible to ensure arrangements for accommodation. Sonoma County/City Solid Waste Advisory Group C/O County of Sonoma Department of Transportation and Public Works 2300 County Center Drive, Suite B 1 00 Santa Rosa, California 95403 Phone: (707) 565-223 I Fax: (707) 565-2620 http://supervisors.sonoma-county.org/boards_and _ commissions.aspx COUNTY OF SONOMA 2/14/12 City Council Agenda Item No. 10.C.4 MEMBERS OF :rHE aOARD 575ADMINJSTRATION ORNE. RM. 100A SANTA ROSA, CALIFORNIA 95403 (707) 565-2241 FAX (707) 565-3778 SHIRLEE ZANE CHAIR DAVID RABB1TT VICE CHAIR BOARD OF SUPERVISORS VALERIE BROWN MIKE MCGUIRE EFREN CARRILLO SONOMA COUNTY CITY SELECTION COMMITTEE DATE: January 17, 2012 TO: Mayor Robert Cox Mayor Susan Harvey Mayor Gary Plass Mayor David Glass Mayor Jake Mackenzie Mayor Emesto Olivares Mayor Guy Wilson Mayor Joanne Sanders Mayor Debora Fudge cc: Board of Supervisors City Clerks FROM: Chris Anderson, Clerk, City Selection Committee SUBJECT: City Selection Committee Meeting, February 9,2012 The City Selection Committee (Committee) will hold its regular annual meeting on February 9,2012 at 6:00 p.m. at the Foxtail Golf Course, Wedgewood Banquet Center 100 Golf Course Drive, Rohnert Park. The purpose of the meeting is to appoint the Chair and Vice Chair to the City Selection Committee for 2012 and to approve the minutes of the April 14, 2011 meeting. The Committee will also consider appointments to the following boards/commissions: Remote Access Network (RAN) Board- to replace Gina Belforte (no specific term, but must be filled by a Mayor). San Francisco Bay Conservation and Development Commission - to nominate and submit to the Association of Bay Area Governments the names of one or more Petaluma city council members for consideration for appointment. Please let. me know if you are unable to attend the meeting and wish to designate a representative. You may direct a letterto my attention at the Board of Supervisors, 575 Administration Drive, Room AOOA, Santa Rosa, CA 95403 or fax the letter to (707) 565-3778. You may also contact me by email (canderson@sonoma-countv.org) or phone (707) 565-2241. If you phone in the name of your designated delegate, the delegate must bring written authorization at the time of the meeting. Enclosures: Agenda February 9, 2012 Letters of Interest Minutes of April 14, 2011 AGENDA SONOMA COUNTY CITY SELECTION COMMITTEE February 9, 2012 at 6:00 p.m. Foxtail Golf Course, Wedgewood Banquet Center 100 Golf Course Drive, Rohnert Park, CA 94928 1. CALL TO ORDER: Laurie Gallian, City of Sonoma 2. ROLL CALL: CJoverdaJe Santa Rosa Cotati Sebastopol Healdsburg Sonoma - Petaluma Windsor Rohnert Park 3. APPROVAL OF MINUTES A. City Selection Committee, April 14, 2011, in Cloverdale Motion/Second 4. BUSINESS ACTION ITEMS A. Select Chair and Vice Chair of City Selection Committee B. Select representative to fill vacancy on the Remote Access Network (RAN) Board - Regular Member (no specific term, but must be filled by a Mayor) C. Nominate and submit to the Association of Bay Area Governments the name of anominee(s) to fill the North Bay Representative seat on the San Frandsco Bay Conservation and Development Commission (in Sonoma County, nominees from Petaluma are eligible for consideration). (2 year term ending J.anuary 2013) 5. ADJOURNMENT: Adjourn to Mayors and Councilmembers' Association meeting BBCElt.VED DEe 2 ~} 201\ OA -)D OF SUPERVISORS B C~UNTY OF SONOMA December 14, 2012 City Council Tori Bartholomew, Clerk City Selection Committee 575 Administration Drive, Room 100A Santa Rosa, CA 95403 Jake Mackenzie Mayor Pam Stafford Vice-Mayor Amy O. Ahanotu Gina Belforte Joseph T. Callinan Subject: Remote Access Network (RAN} Board Council Members To Whom It May Concern: Gabriel Gonzalez CIty Manager Carol Adams Interim Clly Clerk I am submitting my name for appointment to the Remote Access Network (RAN) Board. I note that one of the positions on the Board, required u~der Section 9250.19, must be filled by a Mayor appointed by the City Selection Committee. I am the current Mayor of the City of Rohner! Park. Michelle Marchetta Kenyon . City Attorney Alexandra Barnhill Assistant City Attorneys Thank you for yourconsideration. I look forward to.your support. Darrin W. Jenkins Director of Development ServIces / CIIy EngIneer ~incerty,. ,(/ ~ ~~ I~~ \<--~.., ~LJ ~ Brian Masterson Jake M/ckenzle, ~ Directorof~ublloSafety .~or . John McArthur Dlrec/or of Public Warns & CommunIty S,ervices Sandra M. Lipitl Director of Administrative Services JMjbl Mayor Laurie Gallian, City of Sonoma Rohnert Park City Council Gabriel Gonzalez, City Manager ,',l,' 130 Avram Avenue. Rohner! Park, CA. 94928 (707) 588-2226 fax: (707) 792.1876 www.rpCitv.OfQ. . -. . I. .... ~'" . _. . ... _ . .... '. ,. I'..: : . .. . . ;;::-..:.:~~~;.:.:.t;..-:~:.::1;:Q.~~!l~~":.:..,;,...,."",,;~._t":~''':'h_~'':~'~ "';1"; -,-,,-- _. (' 'n, . ...~ 'I~~~.,..., .. : ~~~ 2/14/12 City Council Agenda Item No. 11 COUNCIL COMMUNICATIONS February 14,2012 Meeting Pr;> .s- 1/ l~},' ~ o~ b It.vt>::J (j i Ll.CCEIVcD /rf''V~t-~J' I JAN 2 4 2 .____.__.__ -.-. .-...---.--.-..------.--+-----------..-.-.-...-.-......--.-.-.--.-.-.-..-----.--...-------1112----.--.-..--- -..---.--....-.-..-..-...--.--....-.--..--.-.---------..-------.---.. --~- ..~.-~~--..j-- ~_. ..-------.CTry. O~l1J:1It1vc1trf5Ivii~-.. ..... ..~--Z~-gaLZ-~- --_._-------_.._~~---_.~~_._~.--_._--_._-._.~-_._-------_...._-_._-----------~.-.-----,--------~_._---_._-_..~----------~~------------~-_.~----- ...--.--.-..----.-.....--..---j--9~__~-,----.-..-..-..._-..---...-.--.-..---..--.-----..----.--.--..--------.------.-.----------------..-..... I . I ! :l. ~~ ~~-~-.---~----.--- :====-=:::~~=l~;;_~a~-. ---~=-=---j=~~~~~::~~:: ..---...-.--..-...------:.-...--t--..--~;/--~.--.~.,.~~-.~~.....~~~.-~.- ~..........+~~~ ... ~~L~ ----------+---~.. . ..~~._~~---~.- ----.---------.--~--.-~-~----~ ~..~---.:J~.~_~~..-- ----.--.-----.--j--.-~--.~--~7--...~~.-j--.~~---..- I :-==:=-=:j::-~';~~~~~~ ......-~+4&zd.~~~~M~~~~ .=.....:=+::;;~~~~~~ :=...:_-==~-:..-~....~..~-....-.~:........1!.....~ ~.~== .------1-~?r'~-,-4/4K~~...~~- ---------..-------j..--.---: . . - . - . ..... .. . ..- -~-~-~-~J~._.___._.__. :.-=::i~--~~~~~~:..:-= :::=---~:.:::::::-.:::-:::~~~~~~-_.:: ! RECEIVED rES 0 7 2012 ctTY Of ROHNERT PARK 826 Santa Dorotea Circle Rohnert Park California 94928 February 7th, 2012 Phone # 588-8628 Mr. Jake Mackenzie, Mayor, Rohnert Park City Council, Rohnert Park, CA 94928. Dear Sir, I write in the hope that you can assist me with a very worrying problem that I have been having with some neighbors that live across the street from our home on Santa Dorotea Circle, in Rohnert Park. Throughout the last twelve months, we have had to endure a virtual open- air car/truck/motorcycle repair workshop operation opposite our home. This is not a case of a neighbor changing spark plugs or an air filter on their car. This is heavy duty commercial repair work. Accompanying the repair work we have had to tolerate, blaring music, revving engines, constant noise, bad language, reckless driving etc., all on a regular basis. Sometimes these activities extend late into the evening. This house seems to have become a "Hangout" for anyone that wants to wash, repair, or patch up a car, motorcycle, truck or other conveyance. There is ample evidence of irresponsible driving to be seen on the roadway outside our home. Skid marks, some more than 20 feet in length, "decorate" the surface of our street. I have called the Rohnert Park police department and complained about the above situation opposite our home. The police have always responded promptly, and after the visit, the proceedings usually diminish or cease. However, the next day or a few days later, the cycle starts over again. I have asked some of the responding police officers, if we could put a permanent stop to the behavior. The only answer I seem to get is to. . .. "Keep on calling the police". I also called the compliance Officer, Mr. Doug Hearn, last August. He paid the neighbours a visit, but again, after a few days, the situation reverted to what it had been before. The situation we find ourselves in was bad enough, but it deteriorated drastically on last Thursday, February 2nd. At around 11.30 pm that night, our house and truck was pelted with rocks from across the street. My wife, who was sleeping, was awoken by the projectiles smashing against the garage door. When she went outside to investigate, she could see the rocks, some as big as baseballs, being hurled from behind the fence of the house across the street. She feared for her safety and retreated back inside to call the police. I returned home from work at the same time as the police pulled up outside our home. My wife told the police what had happened and showed the officers the smashed windows on the truck and the damage to the garage door. The officers went across to the house and knocked on the front door, but there was no response. They went around to the side and knocked again, still no response. It was quite evident that there were people inside the premises. After around 15 minutes, the officers returned and said the occup~nts would not open the door and there was nothing more they could do. I put it to them that these people could do the same again as soon as the police left. One of the officers shrugged his shoulders and said his "hands were tied" as regards entering the house. He then took details of the damage caused, and left the scene. Mr. Mackenzie, Myself and my wife ask? Why do we have to live like this? We are virtual prisoners in our own home. We came to this country from our native Ireland 16 years ago to make a better life for ourselves. Frankly, over the last year and a half, it has become a nightmare for us. We both work hard, obey the laws, and pay our taxes. Indeed, last year, we paid a total of 4,416 dollars property tax for our house. Could you as a Rohnert Park city representative provide some explanation as to why these people can terrorize, threaten and intimidate us without any sort of accountability for their actions. I could go on and on, but I do not want to appear to be verbose. Thanking you in anticipation of a timely reply, I remain, Respectfully yours, Frank Collins Resident of Rohnert Park