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2012/03/27 City Council Agenda Packet Mission Statement "We Care for Our Residents by Working Together to Build a Better Communitv for Todav and Tomorrow." City ofRohnert 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 (RPFA) JOINT REGULAR MEETING AGENDA Tuesday, March 27,2012 Joint Regular Meeting - Open Session: 5:00 p.m. MEETING LOCATION: CITY HALL- COUNCIL CHAMBER 130 A vram Avenue, Rohnert Park, California The Rohnert Park City Council welcomes your attendance, interest and participation at its regular city meetings scheduled on the second and fourth Tuesdays of each month at 5:00 p.m. in the' Council Chamber. City CouncillRPF A agendas and minutes may be viewed at the City's website: www.rpcity.org. PUBLIC HEARINGS: CouncillRPF A may discuss and/or take action on any or all of the items listed on this agenda. If you challenge decisions of the City Councilor the Rohnert Park Financing Authority of the City of Rohnert Park in court, you may be limited to raising only those issues you or someone else raised at public hearing(s) described in this agenda, or in written correspondence delivered to the City of Rohnert Park at, or prior to the public hearing(s). SIMULTANEOUS MEETING COMPENSATION DISCLOSURE (Government Code 9 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 Thursday 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 Meeting Agenda for City Council/Rohnert Park Financing Authority March 27,2012 Page 2 of6 ANNOUNCEMENT: Please turn off all pagers, cellular telephones and all other communication devices upon entering the Council Chamber. Use of these devices causes electrical interference with the sound recording and TV broadcast systems. 5:00 p.m. 1. CITY COUNCIL / RPFA JOINT REGULAR MEETING - Call to Order/Roll Call (Ahanotu _ Belforte _ Callinan_Stafford _ Mackenzie ~ 2. PLEDGE OF ALLEGIANCE Led by Elijah Tovar, Monte Vista Elementary School student 3. PRESENTATIONS A. Proclaiming April 2012 as Child Abuse Prevention Month. B. Proclaiming May 1 ih as Cross & Crown Lutheran School Day. C. Mayor's presentation of a Proclamation Recognizing and Honoring the Rancho Cotate Cougars Varsity Wrestling Team and Coach Ryan Lunsford. D. Mayor's presentation of Certificate of Recognition to Brandon Wells for Outstanding Community Service. E. Mayor's presentation of Certificate of Recognition to Allison Kerrigan for Outstanding Community Service. F. Presentation by Tim Danesi, Rohnert Park Historical Society, regarding the book, Historv of Rohner! Park. G. Presentation by Phil Smith, District Manager of the Marin/Sonoma Mosquito and Vector Control District regarding activities and status of District. 4. CITY MANAGER / CITY ATTORNEY / DEPARTMENT HEAD BRIEFINGS This time is set aside for City Staff to present a verbal report to the Council on the activities of their respective departments. No action may be taken except to place a particular item on a future agenda for Council consideration. A. Department of Public Safety 1. 6-Month Traffic Analysis (Sergeant Jason Krauss and Officer Ryan Foiles) 5. PUBLIC COMMENTS Persons wishing to address the Council on any Consent Calendar item or on City business not listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council on any report item listed on the Agenda should submit a "Speaker Card" to the City Clerk before announcement of that agenda item. 6. CONSENT CALENDAR All items on the consent calendar will be considered together by one action of the City Council and/or the Rohnert Park Financing Authority, whichever is applicable, unless any Council Member or anyone else interested in a consent calendar item has a question about the item. . A. Approval of Minutes for: 1. City Council/RPFA Joint Regular Meeting - March 13,2012 City of Rohnert Park Joint Regular Meeting Agenda for City Council/Rohnert Park Financing Authority March 27,2012 Page 3 of 6 B. Acceptance of Reports for: ]. City Bills/Demands for Payment dated March 27, 20]2 CDC Bills/Demands for Payment dated March 27, 20] 2 3. City Cash/Investments Report for Month Ending February 2012 4. RPF A - Cash/Investments Report for Month Ending February 2012 5. Housing Successor Agency- Cash/Investments Report for Month Ending February 2012 6. Redevelopment Successor Agency - c:ash/InvestmentsReport for. Month Ending February 2012 C. City Council Resolutions for Adoption: 1. 20] 2-31 Approval of Findings Making a Determination of Public Convenience and Necessity for Redwood. Drive. Shell. Convenience Store Located at 5085 Redwood Drive 2012-32 Approving and AdoptingthePlansandSpecifica.tions for the Alta/Almond Sewer and Water Rehabilitation Project No. 1-07 and Awarding the Contract to Team Ghilotti, Inc. 3. 2012-33 Authorizing ExecutionofaSecond Amended and Restated Deferred Payment Plan Agreement for Sewer Capacity Charges. for Seasons Pizzeria Sports Bar and Grill 2012..34 Approving a Revised Salary Range for DeputyChiefBuilding Official 7. 2012-2013 WINTER A VERAGE/SEWERCAP Receiving and accepting the report regarding the 20]2113 Winter Average/Sewer Cap forthe peri()dfr()m.;'\prill,..2012 JhroughJ\l{arch31, 2012.. and affirming intention of Section 4. of Ordinance No. 837. A.. . Staff Report B. Public Comments a. c.mncil discussion/action 8. PAYMENT OF INTEREST ON SECUIUTYDEPOSITS Consideration of Introduction of an Qrdinance . Suspending Chapter 9.71 (PaYrnentof Interest on Security Deposits) of the RObnertPark MunicipalCode. A. Sta[fReport B. Public Comments C. Ordinance for Introduction: Waive Full Reading and Introduce Ordinance by Reading Title: 1. No. 845 Suspending Chapter 9.7 1 (Payment ofInterest on Security Deposits) ofthe Rohnert Park Municipal Code a. . Council motion/discussion/roll call vote 9. CALIFOR'NIA PUJlLIC EMPLOYEES'. >RETIREMENT SYSTEM (CaIPERS) CONTRACT AMENDMENT Consideration of: l)A.doption Qf Re.sollltiono[ Intention .foLqn Amendment to the City's Contract withCalPERS; and 2) Introduction of an Ordinance Authorizing the Contract Amendment. A. Staff Report B. Public Comments City of Rohnert Park Joint Regular Meeting Agenda for City Council/Rohnert Park FinancingAuthority March 27, 2012 Page 4 of6 C. Resolution for Adoption: 1. 2012-35 Resolution of Intention to Approve an Amendment to the Contract Between the Board of Administration ofthe California Public Employees' Retirement System (CaIPERS) and the City Council of the City of Rohnert Park a. Council motion/discussion/vote D. Ordinance for Introduction: Waive Full Reading and Introduce Ordinance by Reading Title: 1. No. 846 Authorizing an Amendment to the Contract Between the City Council of the City of Rohnert Park and the Board of Administration of the California Public Employees' Retirement System (CaIPERS) a. Council motion/discussion/roll call vote 10. SECOND DRAFT RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) Consideration of approving the second draft Recognized Obligation Payment Schedule (ROPS) for July 1,2012 - December 31,2012. A. Staff Report B. Public Comments C. Resolutions for Adoption: 1. 2012-36 Approving the Second Draft Recognized Obligation Payment Schedule for July 1, 2012 December 31, 2012 Pursuant to Section 34177 of the California Health and Safety Code a. Council motion/discussion/vote 11. SONOMA MOUNTAIN VILLAGE DEVELOPMENT AGREEMENT AMENDMENT Consideration of introduction of an ordinance approving an amendment to the Development Agreement between the City of Rohnert Park, and Sonoma Mountain Village LLC and KDRP LLC. A. Staff Report B. PUBLIC HEARlNG C. Ordinance for Introduction: 1. No. 847 Approving an Amendment to the Development Agreement between the City of Rohnert Park, and Sonoma Mountain Village LLC and KDRP LLC. a. Council motion/discussion/roll call vote 12. 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 - 3/21 (Bel forte/Callinan) B. Liaison Reports 1. Sonoma County Waste Management Agency - 3/21 (McArthur) C. Other Reports 1. Solid Waste Advisory Group (SWAG) - 3/15 (Stafford) City of Rohnert Park Joint Regular Meeting Agenda for City Council/Rohnert Park Financing Authority March 27, 2012 Page 5 of6 13. 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 pl(jce a particular item on a future agenda for Council consideration. 14. MATTERS FROM/FOR COUNCIL 15. PUBLIC COMMENTS 16. CLOSED SESSION A. RECESS TO CLOSED SESSION IN CONFERENCE ROOM 2A TO CONSIDER: 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code S54956.8) Property: 1455 G01fCourse Drive (Assessor's Parcel number 160...400-055) City Negotiator: Gabriel Gonzalez, City Manager Negotiating parties: City of Rohnert Park and Robert Haley, Superintendent, Cotati- Rohneli Park Unified School District Under Negotiation: Price and Ternls B. RECONVENE JOINT REGULAR MEETING OPEN SESSION IN COUNCIL CHAMBER C. MAYOR'S REPORT ON CLOSED SESSION (Government Code S 54957.1) 17. ADJOURNMENT NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be considered earlier or later than the time indicated depending on the pace at which the meeting proceeds. If you wish to speak on an item under discussion by the Council which appears on this agenda, after receiving recognition from the Mayor, please walk to the rostrum and state your name and address for the record. Any item raised by a member of the public which is not on the agenda . and may require Council action shall be automatically referred to staff for investigation and disposition which may include placing on a future agenda. If the item is deemed to be an emergency or the need to take action arose after posting of the agenda within the meaning of Government Code Section 54954.2(b), Council is entitled to discuss the matter to detennine 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.) City of Rohnert Park Joint Regular Meeting Agenda for City Council/Rohnert Park FinancingAutllOrity March 27,2012 Page 6 of6 CERTIFJCA TJON OF POSTING OF AGENDA I, Carol Adams, Interim City Clerk for the City of Rohnert Park, declare that the foregoing agenda for the March 27, 2012, Joint Regular Meetingofthe RohnertPark City CounciIlRPFA was posted and available for review on March 22, 20 I 2, at Rohnert Park City Hall, 130 A vram A venue, Rohnert Park, California 94928. The ageridq is also available on .the City web site at www.rpcity.org, Executed this 22nd day of March, 2012, at Rohnert Park, Cqlifornia. 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See Reverse ~ D. t @ :2 . IS r. Mtg. Of: _, .z cc: cc: File: File: 826 Santa Dorotea Circle Rohnert Park California 94928 March 22nd, 2012 Phone # 588-8628 Mr. Jake Mackenzie, Mayor, City Hall 130 A vram Avenue, Rohnert Park, CA 94928. c.c, Pam Stafford. . . . , , . . . V ice Mayor Amy 0 Ahanotu.... ..Council Member Gina Belfortc. ,......, Council Member Joseph T. Callinan...Council Member Doug Hearn,...., ... ..Compliance Officer Dear Mr. Mackenzie, 51 We thank you for your letter of February 21 ,2012, This relates to our concerns about the recent occurrences at our home at the above address. It was most reassuring to receive it, and also to hear that the situation was discussed at the Rohnert Park City Council meeting on February 14th, 2012. As you are aware, our city's compliance officer Mr. Doug Hearn has been investigating the rock throwing incident that occurred at our home on the night of February 2nd,' He has also taken into account the complaints from ourselves and of our neighbors about the other issues that r outlined in my letter of February 7th. He told us he has spoken to the owner of the house from which the rocks were thrown, and has also interviewed the tenants that live there. He then compiled, and sent the home owner, and tenants, a courtesy notice with a list of city code violations which must be dealt with. He also sent us a complimentary copy of the same letter. We earnestly hope that the people in question will voluntarily adhere to the provisions laid out in the notice. We have noticed the extra police patrols that Mr. Hearn has arranged with the Public Safety department for our neighborhood. In addition, Mr. I-learn even took time to come to our home to discuss our grievances, To date, he has worked tenaciously and relentlessly and went to considerable lengths in his efforts to resolve the predicament for us. He has consistently kept us aware and informed about his progress with phone calls every few days, to see how everything was progressing. At the time of writing, there has been no recurrence of the rock throwing, and the repair/workshop and other inappropriate activities at the house in question have all but ceased. We sincerely hope that the situation will remain that way, I would take this opportunity to express our sincere appreciation and gratitude to Mayor Mackenzie, Vice Mayor Stafford, the members of the city council, and in particular Doug Hearn, We really feel that Mr. Hearn went beyond our expectations in his dealings with this problem. He has done, and continues to do a splenclicljob of work. We think he is a very valuable asset to our city of Rohnett Parle With renewed thanks and appreciation, We remain, Yours Sincerely, Frank and Marian Collins Residents of Rohnert Park. Willis, Carrie From: To: Sent: Subject: System Administrator Adams, Carol; Willis, Carrie; Stafford, Pam; Ahanotu, Amy; Belforte, Gina; Callinan, Joseph Thursday, March 22, 20124:37 PM Delivered: 3/27/2012 City Council Meeting Agenda - Item No.7 Your message To: 'blumacjazz@aol.com'; Stafford, Pam; Ahanotu, Amy; Belforte, Gina; Callinan, Joseph; 'Alexandra Barnhill'; 'Michelle Marchetta Kenyon'; 'Sharon Hagle' Cc: Adams, Carol; Willis, Carrie Subject: 3/27/2012 City Council Meeting Agenda - Item NO.7 Sent: 3/22/2012 4:36 PM was delivered to the following recipient(s): Adams, Carolan 3/22/2012 4:37 PM Willis, Carrie on 3/22/2012 4:37 PM Stafford, Pam on 3/22/2012 4:37 PM Ahanotu, Amy on 3/22/2012 4:37 PM Belforte, Gina on 3/22/2012 4:37 PM Callinan, Joseph on 3/22/2012 4:37 PM 1 Willis, Carrie From: Sent: To: Subject: Attachments: postmaster@rpcity.org Thursday, March 22, 20124:37 PM Willis, Carrie Delivery Status Notification (Relay) ATT1391359.txt; 3/27/2012 City Council Meeting Agenda - Item NO.7 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. abarnhill~bwslaw.com mkenvon~bwslaw.com shagle~bwslaw.com 1 AH3Nv-09-OOS-t. WO)'A.JaAe"MMM :OURTESYAGENDA 03/27/2012 J;m Danesi timdanesi@juno.com / hild Abuse Prevention wendyh@calparents.ofl~ ~yan Lunsford 5450 Snyder Lane Rohnert Park, CA 94928 ~"-': , ,. ZIOZlSI/1 ~ ! @09t.S @AlI3J\V {!h Jwdn-dOd pJoqaJ a( Jaly^yJ ap u!!e aJnq>eq ell? za!ldaH .a.UdWII:1UAta.p ap suas ... ~onnie Bolmeier Rohnert Park-Cotati Regional library 6250 Lynne Conde Way Rohnert Park, CA 94928 ,. Wi a6p3 dn-dod asod~~P-1 ~9~dka;)rlli'.rt I : Ot aU!1 6uole puaa _ T @09t.S @AH3Nv:t!Jeqeo al zas!I!m Jalad '? sal!)e:J. sa>>anb!:t;f ~arent/GUardian ofElijah Tovar Left vim @228-0338 j " , " ~Sl ;)Ql'1 P:'fJ~d ~ pu~'<b'9i!1;Jl:lt~Jiij.f\IDA.WA\1~h\1 : slaqel @Iaad Ase3 I 1 i i i j 1 ! 'if I i .- I 1 "'t I '$0 I 150 1~ ' j IDo I I 1,/ '~I .: ~ I I'\) I f-v , I r.ui~ ! I~t I , i I i i~' I~I ~I ~1~ I I'!,. I I" I k , ~I. ~~~ I 1 1 ! ! ~I \ \ \ i I I I ! I I I I I I I I i '~ t I I i i ~I II I fl , I ~,tJ ! ! I I 101 ~, ~'\'J I :LlJ i 11' ! I' ! Vi I I j i i I i ! : I I : , i I i I I I ~() I , I ~ : i?:' ' "'l-~ j ~ I ,,' p-r (!~ ~ r ~ I~ i I~ ~ I~~ , ,~N i' ~~: i~' \ I I> ;' I~ : ~l 1 i\ i 1\ I ~ I ~ I 4' i ... . : , , , \ I I I I I I i I ! i i i r ~ ~, Ii I 1! t k} IN ~> Il~ i\"" If, f' - 1(8 '+-~ f\: I ts KJ I I- ! I IG If i ~ ~ 1\ \1 C:l& I {~ IfA \, \, I\,) \ l\ \~ ~ \' , \ 13 \ i j J. , 'I r, \ f'\/.- if t) R\ ty-, t~ , d,<>.: I~ ~\:~ ~ i. l~ Willis, Carrie From: Sent: To: Subject: Attachments: Willis, Carrie Thursday, March 22, 20124:01 PM 'gera ndbob@yahoo.com'; 'ti mdanesi@juno,com'; 'wendyh@calparents.org' Rohnert Park Joint Regular City Council Agenda Jt Reg Meeting Agenda_03272012.pdf Attached please find your courtesy agenda for the March 27, 2012 Rohnert Park Joint Regular 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 Willis. Carrie From: Sent: To: Subject: Attachments: Willis, Carrie Thursday, March 22, 20124:00 PM Agenda Group; 'jeremy.hay@pressdemocrat.com'; burkeam@seawolf.sonoma.edu Joint Regular City Council Meeting Agenda 031312 Minutes-City Council Jt Regular Mtg of RPCity Council-RPFA_DRAFT.pdf; Jt Reg Meeting Agenda_03272012.pdf Attached for your information are the following documents: · 3-27-12 City Council/CDC/RPFA Joint Regular Meeting Agenda · 3-13-12 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 (jjj ~.,.,~.:.,:.-,-,,"' 1 Willis, Carrie From: To: Sent: Subject: Adams, Carol Willis, Carrie Thursday, March 22, 20127:06 PM Read: 3/27/2012 City Council Meeting Agenda - Item No.7 Your message To: 'blumacjazz@aol.com'; Stafford, Pam; Ahanotu, Amy; Belforte, Gina; Callinan, Joseph; 'Alexandra Barnhill'; 'Michelle Marchetta Kenyon'; 'Sharon Hagle' Cc: Adams, Carol; Willis, Carrie Subject: 3/27/2012 City Council Meeting Agenda - Item No.7 Sent: 3/22/2012 4:36 PM was read on 3/22/2012 7:06 PM. 1 Willis, Carrie From: Sent: To: Willis, Carrie Thursday, March 22, 20124:36 PM 'blumacjazz@aol.com'; Stafford, Pam; Ahanotu, Amy; Belforte, Gina; Callinan, Joseph; 'Alexandra Barnhill'; 'Michelle Marchetta Kenyon'; 'Sharon Hagle' Adams, Carol; Willis, Carrie 3/27/2012 City Council Meeting Agenda -Item NO.7 Item No.7_Winter Average_Sewer Cap_Ord No. 837- supplemental.pdf Cc: Subject: Attachments: Attached please find the supplemental to Item NO.7. The version that was previously delivered to you today, March 22, 2012 was missing the attachment 'Ordinance 837.' Thanks, 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 emu of tbe :fbpor of tbe QJ:itp of 3!obnert ~ark, QJ:alifomia t)r 0 t I a mat ion City Council Agenda Item No. 3.A lJrQrllrimiog APRIL 2012 AS CHILD ABUSE PREVENTION MONTH WHEREAS, in 2011 there were 2,228 reports of child abuse that were serious enough to require a face- to-face investigation to determine if allegations of abuse were substantiated and 259 children were removed from unsafe homes in Sonoma County; and WHEREAS, the Sonoma County Blue Ribbon Campaign, sponsored by Prevent Child Abuse Sonoma County and the California Parenting Institute, will focus on educating all of us on the issues and magnitude of the problem; and WHEREAS, the Sonoma County's Department of Human Services, the Sheriff's Department, and the District Attorney's Office have joined in supporting the education, prevention, and treatment surrounding child abuse and the need to abolish this loathsome practice; and WHEREAS, each year public and private agencies throughout Sonoma County and the State of California sponsor Child Abuse Prevention activities during the month of April to increase community awareness of child abuse; and WHEREAS, child abuse prevention and support will continue year round; and WHEREAS, by working together we can make a difference for children in Rohnert Park. NOW, THEREFORE, BE IT PROCLAIMED that I, Jake Mackenzie, as Mayor and on behalf of the City Council of the City of Rohnert Park, endorse the fight against Child Abuse and do hereby proclaim April as Child Abuse Prevention Month in Rohnert Park. Duly and Regularly Proclaimed this 2111 day of March, 2012 bp: J~k~:::::Y 3/27112 City Council Agenda (@ffice of tbe ;Jllflapor of tbe Q[:itp of 3Robnert flarh, Q[:alifornia Itcm No. 3,(3 ~r 0 t I a mat ion SdH Fritrn4tr A/l# AJ1 ~ Yf'Jrl! jJrorll1iminJ1 MAY 2012 AS CROSS AND CROWN LUTHERAN SCHOOL DAY In Recognition of their 40th Anniversary WHEREAS, Cross and Crown Lutheran School was established in 1972 as the "Little Friends Preschool" to teach Christian values to children of families in Rohnert Park and surrounding areas; and WHEREAS, Cross and Crown Lutheran School functions as a mInistry of Cross and Crown Lutheran church which has as its mission to "invite, grow, and serve our community"; and WHEREAS, Cross and Crown provides a toddler and preschool program and elementary school through 4th grade; and WHEREAS, Cross and Crown utilizes a curriculum strong in academics with small classes allowing teachers to give all children individual attention to facilitate growth at each child's own pace; and WHEREAS, Cross and Crown provides children spiritual, intellectual, physical, emotional, and social areas of growth, developing the skills and knowledge necessary to be capable, caring, Christian citizens; and WHEREAS, Cross and Crown has educated over 5,000 children over the past 40 years, many of whom still live, work, and contribute to the City of Rohnert Park. NOW, THEREFORE, BE IT PROCLAIMED that I, Jake Mackenzie, as Mayor and on behalf of the City Council of the City of Rohnert Park, in recognition of the 40th Anniversary of Cross and Crown Lutheran School, do hereby Proclaim May 12, 2012 as Cross and Crown Lutheran School Day. Duly and Regularly Proclaimed this uJh day of April, 2012 bp: Jake Mackenzie, Mayor .:-. ~ ~ f- ~ ~ ~ ~ l':\ f- ~ t/1I1!!#!f = == ~ M ~ ~. == =- .~ .... ~ ""'$ = 0 ~ ~ == 0 ~ ~ (j <.;:: ~ ~ ""'$ 0 ~ <::l ~ 0 "'l ~ ~ "'1 ~ a< (:) ~ 0 t""'t- ~ ::: ~ ';:: ....... -- := ~ ~ =- ~ ~ ~ ~ ~ 0 <::l ~ (t> t""'t- ::: (:) ~ == =- ~ .... ~ ..... ~ I::r< ~ ..... ;:Q Q.. ~ "'1 (j S' (1;, c< ~ ~ .... (j ~' :::- ~ ~ ::: "C' ""'$ 0 0 ~ i S' - - ::::t ~ t'1 ;:Q ~ ~ = ~ 0 c... ~. ~ ~ 0 ....... n ~ ~ .0 (:) Q) (1;, -- ~ = fIJ =- = s. 0; '" l::l. (:) ., ....... ~ ~ (1;, (:) (1) := ..... ~ " .... So == ...... D tn =- ~ ~ ~ ..... s: ::: c< (;j' ~. ~ ~ Q) w (:) Z n ~ ~ ""'1 t ~ (") '1l := 0 0 ..... ~ fIJ ~ g ~ I _. 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S' a .... ;ll ~ 0 M ~ ~ M ,:) = ...., ~ ~ ~ ~ ... f"t l=I: 0 -, 't::: 5< ~ 8" M > 0 0 .... -- ~ f'""+\ ~a S< .... , ~ ~ ~ ~ ~ Ul. ;:: -- ~ ~ ~ Ul. ~ -= ~ M .... , S~ r'l 0 "d S' ~ = l-I M 0 Ul. =IC" <"t ~. ~ 00 0 = - era ~ 0 .... ~ - 0 ;- ~ S< -- ~ Q'" M ~ [ ~ sr. ~ ~ ~@\ '=I' -- Z "t:i ~ ~ C;. .... , H @\~ " ~ _. ....' 0 ~ cq w = ~ o ::t P ~ = ~ ~ a ;::; S 0 -- Ul. ~ ~ .... ::: ~ ~ ~ .... , t'tj ..... a -- f ~ = ~ ;:: s ~ er '=" ~ Ul. -- ~ ..... = t;' f'"'"t- := ~ ~ 0 -- 0 ~ -, ~ IS ~ ~ q- - .... , VP~ 0 ~ = f'""+\ ~ ~ ~ l-I = ~ ~ C1 ~ ~ F' 0 ~ f"t S ~ w ~-~ ~ f'""+\ 0 > e. ...... ~ f'""+\ W ~ -- n -, ~ Z - s- - -- I-'- a .... , s 0 rt f'""+\ = "< _. ~ ~ ~ S' '=I' H n ...., f"t rt 0 ~ (l) ~ ~ ::3 :::J - () ~ Z 1-'- S 0 I-' ~ :J::; M w LQ ~ (l) ~ t:rJ :::J = ~ PJ I ~ "d ~ ~ ~ " DRAFT MINUTES PENDING APPROVEL MINUTES OF THE JOINT REGULAR MEETING OF THE CITY OF ROHNERT PARK City Council Rohnert Park Financing Authority Tuesday, March 13,2012 Rohnert Park City Hall, Council Chamber 130 Avram Avenue, Rohnert Park, California 1. CALL TO ORDER/ROLL CALL Mayor Mackenzie called the City CouncillRPF A joint 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 Absent: Joseph T. Callinan, Council Member Staff present: City Manager Gabriel Gonzalez, Assistant City Attorney Alexandra Barnhill, Interim City Clerk Carol Adams, Acting Director of Public Safety Jeff Taylor; Director of Public Works and Community Services John McArthur, Economic Development Manager Linda Babonis, and Community Services Supervisor Nelle Seidenspinner. 2. PLEDGE OF ALLEGIANCE Monte Vista Elementary School Student Jeremiah Jaensch 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 Proclamations for Outstanding Community Service as follows: Bicycle Advisory Committee Years of Service 1. Carson Williams___________________________________________5 Mobile Home Parks RAB 1. L. Kurt Engelhart..________________________________.____J 6 2. Barbara Utter______..__________.._______________________...._ 6 Parks and Recreation Commission 1. Nick Aronis _______._________._..._____..___.__________....___5 2. Bonnie Black....______...__________......._________.._______5 Planning Commission 1. David Armstrong ______.__________...._.________..._______ 5 City of Rohnert Park Joint Regular Meeting Minutes for City Council/Rohnert Park Financing Authority March 13,2012 Page 2 of3 Senior Citizens Advisory Commission 1. Alice Hawker ______m_________________________________m__6 Sister Cities Relations Committee 1. Faith Adam ______mm_mmmm__________________mm1 0 2. Susan Harrow ___mm_m_________oo___oooooo_oo__ _______.25 3. Olga Senyk __m____mm___m_moom_m_mm_________5 4. . Samantha Skinnerm__________oo___________mm______m 5 5. CITY MANAGER / CITY ATTORNEY / DEPARTMENT HEAD BRIEFINGS A. Department of Public Safety 1. Acting Director of Public Safety Jeff Taylor reported on 2011 Part I Crimes. B. Community Services 1. Community Services Supervisor Nelle Seidenspinner provided an update on various Community Services programs. 6. PUBLIC COMMENTS 1. Rohnert Park resident, Chris Schooling, commented on the cost of building permit fees. 7. CONSENT CALENDAR - ROLL CALL VOTE REQUIRED Council Member Belforte pulled item 7.C.1 (Resolution No. 2012-29) from the Consent Calendar. A. Approval of Minutes for: 1. City CouncillRPF A Joint Regular Meeting ~ February 28, 2012 B. Acceptance of Reports for: 1. City Bills/Demands for Payment dated March 13, 2012 2. CDC Bills/Demands for Payment dated March 13,2012 C. City Council Resolution for Adoption: 2. 2012-30 Rejecting the Claim of Tim Bliss D. Ordinance for Adoption: 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 ACTION: Moved/seconded (Bel forte/Stafford) and carried 4-0-1 (Callinan absent) to approve the Consent Calendar by roll call vote with the exception of item 7.C.1 (Resolution No. 2012-29). [7. CONSENT CALENDAR - item pulled for discussion) C. City Council Resolution for Adoption: 1. 2012-29 Approving a Change in the Salary Range for City Clerk from 88M to 94M ACTION: Following Council discussion, it was moved/seconded (Stafford/Ahanotu) 3-1-1 (with Council Member Belforte voting no and Council Member Callinan absent) to adopt Resolution No. 2012-29. City of Rohnert Park Joint Regular Meeting Minutes for City Council/Roll11ert Park Financing Authority March 13,2012 Page 3 of3 8. PAYMENT OF INTEREST ON SECURITY DEPOSITS Consideration of Introduction of an Ordinance Repealing Chapter 9.71 (Payment of Interest on Security Deposits) of the Rohnert Park Municipal Code. A. Staff Report provided by Economic Development Manager Linda Babonis. B. Public Comments: None ACTION: Following discussion, Council directed staff to suspend the application of Chapter 9.71 of the City of Rohnert Park Municipal Code, which requires landlords to pay interest on security deposits, until market interest rates justify the time and effort required of landlords to administer them. 9. STANDING COMMITTEE / LIAISON REPORTS Council reported on the respective meetings and events listed below: A. Standing Committee Reports: None B. Liaison Reports 1. Water Advisory Committee - 3/5/12 (Mackenzie) 2. Sonoma County Transportation Authority - 3/12/12 (Ahanotu) C. Other Reports 1. Chamber of Commerce Noon Times (Stafford) 2. Community Band performance and upcoming concerts (Stafford) 10. COMMUNICATIONS 1. Mayor Mackenzie commented on a communication item regarding the application of herbicides along flood channels and requested a report back from the City Manager regarding standard use practices. Council Member Belforte requested that pesticide use practices at the golf course be included in the repmi. 2. Council Member Belforte requested that the City include language in distributed notifications/f1iers that accommodates non-English literate residents. 11. MATTERS FROM/FOR COUNCIL 1. City Manager Gabriel Gonzalez reported on upcoming trammg available for elected officials pertaining to emergency preparedness offered by California Emergency Management Agency. 12. PUBLIC COMMENTS 1. Paul Lever, City representative to the Marin/Sonoma Mosquito and Vector Control District, requested an opportunity to introduce the new District manager at an upcoming City Council meeting and to provide a district update. 13. ADJOURNMENT Mayor Mackenzie adjourned the joint regular meeting at 6:32 p.m. Carol Adams, Interim City Clerk City of Rohnert Park Jake Mackenzie, Mayor City of Rohnert Park Check Numbers: 204800 - 205049 Dated: Mar, 8, 2012 - Mar. 21, 2012 CITY OF ROHNERT PARK BILLS FOR ACCEPTANCE March 27, 2012 TOTAL $1,353,261.82 $1,353,261.82 Accounts Payable Checks for Approval User: ccolbum Printed: 03/21/2012 - 4:15 PM Check Number Check Date Fund Name Account Name Vendor Name Amount 204800 03/08/2012 Utility Fund Collection/Contract Svcs -Rp Di Rohnert Park Disposal 703,914.92 204800 03/08/2012 Utility Fund City Contractual Svcs Rohnert Park Disposal 132,103.58 204800 03/08/2012 Utility Fund Refuse Col Entr /Cash Rohnert Park Disposal 703,914.92 204800 03/08/2012 Utility Fund Refuse Col Entr /Cash Rohnert Park Disposal - 848,802.72 204800 03/08/2012 Utility Fund Refuse Col Entr/Refuse Div /Ed Rohnert Park Disposal 12,784.22 Check Total: 703,914.92 204801 03/08/2012 General Fund Cash Rohnert Park Disposal 132,103.58 204801 03/08/2012 General Fund Refuse Franchise Fees Rohnert Park Disposal - 85,228.12 204801 03/08/2012 General Fund Admin. Svcs.-Refuse Rechg Rohnert Park Disposal - 29,829.84 204801 03/08/2012 General Fund Admin. Svcs. -Refuse Rechg Rohnert Park Disposal - 17,045.62 Check Total: -0.00 204802 03/14/2012 General Fund Police /Training & Ed Michael Bates 1,677.60 Check Total: 1,677.60 204803 03/14/2012 General Fund Police /Travels & Mee Michael Bates 35.73 Check Total: 35.73 204804 03/14/2012 Utility Fund Water Conservation Measures Sharon Buckley 75.00 Check Total: 75.00 204805 03/14/2012 Utility Fund Sewer Entr. Nehicle Repair Grainger, Inc. 28.58 204805 03/14/2012 Utility Fund Sewer Entr. /Spec. Departm Grainger, Inc. 111.61 204805 03/14/2012 Utility Fund Sewer Entr. /Bldg/Facilty Grainger, Inc. 19.88 204805 03/14/2012 Utility Fund Sewer Entr. /Miscellaneous Grainger, Inc. 530.22 AP - Checks for Approval ( 03/21/2012 - 4:15 PM) Page 1 Check Number Check Date Fund Name 204805 03/14/2012 Utility Fund 204805 03/14/2012 Utility Fund 204805 03/14/2012 Utility Fund 204806 03/14/2012 Utility Fund 204807 03/14/2012 Utility Fund 204808 03/14/2012 Utility Fund 204809 03/14/2012 Utility Fund 204810 03/14/2012 Utility Fund 204811 03/14/2012 Utility Fund 204812 03/14/2012 Utility Fund 204813 03/14/2012 Utility Fund 204813 03/14/2012 Utility Fund 204814 03/14/2012 Utility Fund 204814 03/14/2012 Utility Fund AP - Checks for Approval ( 03/21/2012 - 4:15 PM ) Account Name Vendor Name Amount Sewer Entr. /Spec. Departm Grainger, Inc. 4.75 Sewer Entr. /C/0-Vehicles/ Grainger, Inc. 525.00 Sewer Entr. /Spec. Departm Grainger, Inc. 116.54 Check Total: 1,336.58 Sewer Entr. /Spec Dept Equ Home Depot Credit Services 170.08 Check Total: 170.08 Sewer Entr. Nehicle Repair Six Robblees' Inc. 9.93 Check Total: 9.93 Sewer Entr. /Clothing Allow Sunset Linen Service 23.42 Check Total: 23.42 Sewer Ent/Collect SystemRepair USA Blue Book 790.19 Check Total: 790.19 Sewer Entr. Nehicle Repair West Cal Tractor 69.69 Check Total: 69.69 Water Conservation Measures Sharon Buckley 75.00 Check Total: 75.00 Water Entr. /Spec. Departm Complete Welders Supply 63.83 Check Total: 63.83 Water Ent/Distrib SystemRepair Grainger, Inc. 55.69 Water Entr. /Spec Dept Equ Grainger, Inc. 72.70 Check Total: 128.39 Water Ent/Distrib SystemRepair Home Depot Credit Services 132.21 Water Ent/Distrib SystemRepair Home Depot Credit Services 7.00 Page 2 Check Number Check Date Fund Name Account Name Vendor Name Amount 204814 03/14/2012 Utility Fund Water Entr. /Spec Dept Equ Home Depot Credit Services 81.13 Check Total: 220.34 204815 03/14/2012 Utility Fund Water Entr. /Spec. Departm Horizon Distributors Inc. 1,062.07 Check Total: 1,062.07 204816 03/14/2012 Utility Fund Water Entr. /Spec. Departm HSC Electronic Supply 27.60 Check Total: 27.60 204817 03/14/2012 Utility Fund Water Entr. /Professional JACOBSEN FENCE COMPANY 3,409.00 Check Total: 3,409.00 204818 03/14/2012 Utility Fund Water Ent/Distrib SystemRepair Kelly Moore Paints 18.25 204818 03/14/2012 Utility Fund Water Entr. /Spec. Departm Kelly Moore Paints 53.86 Check Total: 72.11 204819 03/14/2012 Utility Fund Water Entr. /Spec Dept Equ Martin Ranch Supply 45.11 Check Total: 45.11 204820 03/14/2012 Utility Fund Water Entr. /Water Meter Re National Meter & Automation, I 585.90 Check Total: 585.90 204821 03/14/2012 Utility Fund Water Ent/Distrib SystemRepair Pace Supply 32.01 204821 03/14/2012 Utility Fund Water Ent/Distrib SystemRepair Pace Supply 70.20 Check Total: 102.21 204822 03/14/2012 Utility Fund Water Entr. /Spec. Departm Pep Boys 24.04 Check Total: 24.04 204823 03/14/2012 Utility Fund Water Entr. /Spec Dept Equ Power Industries 93.68 204823 03/14/2012 Utility Fund Water Entr. /Spec Dept Equ Power Industries 338.91 AP - Checks for Approval ( 03/21/2012 - 4:15 PM ) Page 3 Check Number Check Date Fund Name Account Name Vendor Name Amount AP - Checks for Approval ( 03/21/2012 - 4:15 PM ) Page 4 Check Total: 432.59 204824 03/14/2012 Utility Fund Water Entr. /Spec. Departm Redwood Lock & Key 3.26 204824 03/14/2012 Utility Fund Water Entr. /Spec. Departm Redwood Lock & Key 6.51 Check Total: 9.77 204825 03/14/2012 Utility Fund WaterNehicle Repairs Royal Coach Chevron Car Wash 35.00 Check Total: 35.00 204826 03/14/2012 Utility Fund WaterNehicle Repairs Santa Rosa Auto Parts 171.24 Check Total: 171.24 204827 03/14/2012 Utility Fund Water Ent/Distrib SystemRepair Shamrock Materials 124.61 204827 03/14/2012 Utility Fund Water Ent/Distrib SystemRepair Shamrock Materials 108.04 Check Total: 232.65 204828 03/14/2012 Utility Fund Water Entr. /Contractual S So Co Water Agency 156,627.13 Check Total: 156,627.13 204829 03/14/2012 Utility Fund Water Ent/Distrib SystemRepair Soiland Co., Inc. 20.00 Check Total: 20.00 204830 03/14/2012 Utility Fund Water /Clothing Allowance Sunset Linen Service 59.34 Check Total: 59.34 204831 03/14/2012 Utility Fund Water Ent/Distrib SystemRepair Titus Trucking 600.00 Check Total: 600.00 204832 03/14/2012 General Fund Sports Center /Spec Dept Equi ACTIVE NETWORK 3,000.00 204832 03/14/2012 General Fund R.P. Comm. Cntr /Spec Dept Equ ACTIVE NETWORK 4,000.00 204832 03/14/2012 General Fund Park Maint /Spec Dept Equ ACTIVE NETWORK 1,470.35 204832 03/14/2012 General Fund Benecia Pool /Office Equipm ACTIVE NETWORK 500.00 AP - Checks for Approval ( 03/21/2012 - 4:15 PM ) Page 4 Check Number Check Date Fund Name Account Name Vendor Name Amount General Fund 204834 03/14/2012 General Fund 204834 204832 03/14/2012 General Fund H Pool /Office Equipm ACTIVE NETWORK 500.00 204833 03/14/2012 General Fund 204834 03/14/2012 General Fund 204834 03/14/2012 General Fund 204834 03/14/2012 General Fund 204834 03/14/2012 General Fund 204834 03/14/2012 General Fund 204835 03/14/2012 General Fund 204835 03/14/2012 General Fund 204835 03/14/2012 General Fund 204835 03/14/2012 General Fund 204835 03/14/2012 General Fund 204835 03/14/2012 General Fund 204835 03/14/2012 General Fund 204835 03/14/2012 General Fund 204835 03/14/2012 General Fund 204835 03/14/2012 General Fund 204836 03/14/2012 General Fund 204837 03/14/2012 General Fund 204838 03/14/2012 General Fund Police /Contractual S City Hall Bldg/Facilty R.P. Comm. Cntr Bldg/Facilty Animal Shelter Bldg/Facilty M Animal Shelter Bldg/Facilty M Publ Works Gen /Vehicle Repai Pac /Telephone R.P. Gymnasium /Telephone R.P. Comm. Cntr /Telephone Sign/Telephone R.P. Gymnasium /Telephone Animal Shelter /Telephone Data Processing /Telephone Ps Main Station /Telephone Publ Works Gen /Telephone P/S Bldg -South /Telephone Check Total: American Medical Response, Inc Check Total: Aramark Uniform Services Aramark Uniform Services Aramark Uniform Services Aramark Uniform Services Aramark Uniform Services AT &T AT &T AT &T AT &T AT &T AT &T AT &T AT &T AT &T AT &T Linda T. Babonis Rec Ref Clearing Cynthia Bartel Police /Training & Ed Michael Bates 9,470.35 200.00 200.00 68.04 108.84 43.40 43.40 36.17 Check Total: 299.85 5.26 5.26 5.24 110.17 59.99 30.30 30.22 16.41 29.90 30.66 Check Total: 323.41 722.00 Check Total: 722.00 67.00 Check Total: 67.00 559.20 Check Total: 559.20 204839 03/14/2012 General Fund Development SvcsBooks/Pamphle Ellen Beardsley - 8.97 AP - Checks for Approval ( 03/21/2012 - 4:15 PM) Page 5 Check Number Check Date Fund Name 204840 03/14/2012 General Fund 204841 03/14/2012 General Fund 204842 03/14/2012 General Fund 204843 03/14/2012 General Fund 204844 03/14/2012 General Fund 204845 03/14/2012 General Fund 204846 03/14/2012 General Fund 204846 03/14/2012 General Fund 204846 03/14/2012 General Fund 204847 03/14/2012 General Fund 204848 03/14/2012 General Fund 204848 03/14/2012 General Fund 204848 03/14/2012 General Fund AP - Checks for Approval ( 03/21/2012 - 4:15 PM ) Account Name Vendor Name Amount Page 6 Check Total: 8.97 Streets & Bike /Spec. Departm Bodean Company 95.07 Check Total: 95.07 Rec Ref Clearing Irma Bratcher 400.00 Check Total: 400.00 Publ Works Gen /Spec. Departm Buchanan Food Service 254.80 Check Total: 254.80 Ps Main Station /Bldg/Facilty Cal -Steam 58.36 Check Total: 58.36 City Hall /Rent/Lease /Ta Canon Business Solutions Inc 1,931.57 Check Total: 1,931.57 Center /Spec. Departm Castino Restaurant Equipment & 36.09 Check Total: 36.09 Dawn Cerini 182.40 Dawn Cerini 43.67 Dawn Cerini 58.59 Check Total: 284.66 Streets & Bike /Spec. Departm City Electric Supply 572.88 Check Total: 572.88 H Pool /Concession Pu Co. of Sonoma Dept. of Health 362.00 Benecia Pool /Concession Pu Co. of Sonoma Dept. of Health 362.00 R.P. Comm. Cntr /Spec. Departm Co. of Sonoma Dept. of Health 909.00 Page 6 Check Number Check Date Fund Name Account Name Vendor Name Amount AP - Checks for Approval ( 03/21/2012 - 4:15 PM ) Page 7 Check Total: 1,633.00 204849 03/14/2012 General Fund R.P. Gymnasium /Spec. Departm Comcast 66.66 204849 03/14/2012 General Fund Center /Spec. Departm Comcast 42.39 Check Total: 109.05 204850 03/14/2012 General Fund Non - Department /Advertising/P The Community Voice 520.00 Check Total: 520.00 204851 03/14/2012 General Fund Publ Works Gen /Spec. Departm Complete Welders Supply 55.15 204851 03/14/2012 General Fund Publ Works Gen /Spec. Departm Complete Welders Supply 5.74 Check Total: 60.89 204852 03/14/2012 General Fund Non- Department /Contractual S David Whiteside Consulting Ser 1,300.00 Check Total: 1,300.00 204853 03/14/2012 General Fund Streets & Bike /Spec. Departm Department of Industrial Relat 82.50 Check Total: 82.50 204854 03/14/2012 General Fund Animal Control /Contractual S Drug Enforcement Administratio 551.00 Check Total: 551.00 204855 03/14/2012 General Fund Police /Contractual S Entersect 84.95 Check Total: 84.95 204856 03/14/2012 General Fund Publ Works Gen /Spec. Departm Eureka Oxygen Co. 155.33 Check Total: 155.33 204857 03/14/2012 General Fund Fire /Uniforms FIRETLR 69.12 Check Total: 69.12 AP - Checks for Approval ( 03/21/2012 - 4:15 PM ) Page 7 Check Number Check Date Fund Name Account Name Vendor Name Amount 204858 03/14/2012 General Fund City Hall /Office Supplie First Choice 41.50 204858 03/14/2012 General Fund City Hall /Office Supplie First Choice 121.00 204858 03/14/2012 General Fund City Hall /Office Supplie First Choice 41.50 Check Total: 204.00 204859 03/14/2012 General Fund JANET GEFFRE 137.20 Check Total: 137.20 204860 03/14/2012 General Fund Theodore Giesige 325.53 Check Total: 325.53 204861 03/14/2012 General Fund Publ Works Gen /Small Tools Grainger, Inc. 4.28 204861 03/14/2012 General Fund Publ Works Gen /Small Tools Grainger, Inc. 58.42 204861 03/14/2012 General Fund R.P. Comm. Cntr Bldg/Facilty Grainger, Inc. 25.01 204861 03/14/2012 General Fund Alicia Park /Spec. Departm Grainger, Inc. 61.00 204861 03/14/2012 General Fund Streets & Bike /Spec. Departm Grainger, Inc. 517.44 204861 03/14/2012 General Fund Ps Main Station Bldg/Facilty Grainger, Inc. 198.80 204861 03/14/2012 General Fund Ps Main Station Bldg/Facilty Grainger, Inc. 27.44 204861 03/14/2012 General Fund R.P. Gymnasium Bldg/Facilty Grainger, Inc. 14.38 204861 03/14/2012 General Fund R.P. Gymnasium Bldg/Facilty Grainger, Inc. 71.46 204861 03/14/2012 General Fund Publ Works Gen /Small Tools Grainger, Inc. 12.20 204861 03/14/2012 General Fund R.P. Gymnasium Bldg/Facilty Grainger, Inc. 74.64 204861 03/14/2012 General Fund Publ Works Gen /Small Tools Grainger, Inc. 144.53 Check Total: 1,209.60 204862 03/14/2012 General Fund Police Nehicle Repai Hansel Ford 154.23 Check Total: 154.23 204863 03/14/2012 General Fund R.P. Comm. Cntr /Contractual S KIERSTEN HILL 113.10 Check Total: 113.10 204864 03/14/2012 General Fund Animal Control/Shelter Food Hill's Pet Nutrition Sales, In 93.75 204864 03/14/2012 General Fund Animal Control /Shelter Food Hill's Pet Nutrition Sales, In 15.19 Check Total: 108.94 AP - Checks for Approval ( 03/21/2012 - 4:15 PM) Page 8 Check Number Check Date Fund Name Account Name Vendor Name Amount 204865 03/14/2012 General Fund Benecia Rec Bld /Bldg/Facilty The Hitmen Termite & Pest Control 75.00 204865 03/14/2012 General Fund City Hall Annex Bldg/Facilty The Hitmen Termite & Pest Control 60.00 204865 03/14/2012 General Fund Burt/Ave Rec Cr Bldg/Facilty The Hitmen Termite & Pest Control 60.00 204865 03/14/2012 General Fund City Hall Bldg/Facilty The Hitmen Termite & Pest Control 60.00 204865 03/14/2012 General Fund R.P. Comm. Cntr Bldg/Facilty The Hitmen Termite & Pest Control 60.00 Check Total: 315.00 204866 03/14/2012 General Fund Center Bldg/Facilty Home Depot Credit Services 60.13 204866 03/14/2012 General Fund R.P. Comm. Cntr Bldg/Facilty Home Depot Credit Services 25.97 204866 03/14/2012 General Fund R.P. Gymnasium Bldg/Facilty Home Depot Credit Services 25.96 204866 03/14/2012 General Fund Publ Works Gen /Spec. Departm Home Depot Credit Services 43.33 204866 03/14/2012 General Fund R.P. Gymnasium Bldg/Facilty Home Depot Credit Services -35.67 Check Total: 119.72 204867 03/14/2012 General Fund Park Maint /Landscape Sup Horizon Distributors Inc. 1,062.08 Check Total: 1,062.08 204868 03/14/2012 General Fund City Hall Bldg/Facilty InfoStor 130.00 Check Total: 130.00 204869 03/14/2012 General Fund Animal Shelter Fees Shirley Kennedy 95.00 Check Total: 95.00 204870 03/14/2012 General Fund Animal Control /Contractual S Koefran Industries 400.00 Check Total: 400.00 204871 03/14/2012 General Fund Non - Department Books/Pamphle Martin & Chapman Co. 131.15 Check Total: 131.15 204872 03/14/2012 General Fund Park Maint /Landscape Sup Martin Ranch Supply 72.67 Check Total: 72.67 204873 03/14/2012 General Fund Ernest Mull 314.20 AP - Checks for Approval ( 03/21/2012 - 4:15 PM) Page 9 Check Number Check Date Fund Name Account Name Vendor Name Amount AP - Checks for Approval ( 03/21/2012 - 4:15 PM) Page 10 Check Total: 314.20 204874 03/14/2012 General Fund Publ Works Gen /Vehicle Repai Nor -Cal Truckbodies, Inc. 137.90 Check Total: 137.90 204875 03/14/2012 General Fund Publ Works Gen Bldg/Facilty Northgates 120.00 Check Total: 120.00 204876 03/14/2012 General Fund Recreation Adm /Office Supplie Office Depot 92.43 204876 03/14/2012 General Fund Police /Office Supplie Office Depot 770.17 204876 03/14/2012 General Fund Police /Office Supplie Office Depot 20.62 Check Total: 883.22 204877 03/14/2012 General Fund Pac /Facility Repa Old Adobe Development Services 1,618.00 Check Total: 1,618.00 204878 03/14/2012 General Fund James Park 379.70 Check Total: 379.70 204879 03/14/2012 General Fund Del Patton 1,015.28 Check Total: 1,015.28 204880 03/14/2012 General Fund R.P. Gymnasium /Concession Pu Pepsi -Cola 254.80 Check Total: 254.80 204881 03/14/2012 General Fund City Hall /Postage Pitney Bowes 4,000.00 Check Total: 4,000.00 204882 03/14/2012 General Fund Publ Works Gen /Vehicle Repai Platinum Chevrolet 31.96 Check Total: 31.96 AP - Checks for Approval ( 03/21/2012 - 4:15 PM) Page 10 Check Number Check Date Fund Name Account Name Vendor Name Amount 204883 03/14/2012 General Fund Non -Dept Leases /Transfer Out PNC Equipment Finance 7,887.42 Check Total: 7,887.42 204884 03/14/2012 General Fund Police /Travels & Mee Patty Poon 18.72 Check Total: 18.72 204885 03/14/2012 General Fund Park Maint Bldg/Facilty M Power Industries 41.77 Check Total: 41.77 204886 03/14/2012 General Fund Publ Works Gen /Gas & Oil Redwood Coast Petroleum 639.28 204886 03/14/2012 General Fund Publ Works Gen /Gas & Oil Redwood Coast Petroleum 1,262.57 204886 03/14/2012 General Fund Police /Gas & Oil Redwood Coast Petroleum 875.37 204886 03/14/2012 General Fund Publ Works Gen /Gas & Oil Redwood Coast Petroleum 1,339.32 204886 03/14/2012 General Fund Police /Gas & Oil Redwood Coast Petroleum 1,790.00 Check Total: 5,906.54 204887 03/14/2012 General Fund Animal Control /Spec. Departm Redwood Lock & Key 2.98 Check Total: 198 204888 03/14/2012 General Fund Police /Spec Dept Equ WULFF A. REINHOLD 12.30 Check Total: 12.30 204889 03/14/2012 General Fund Police Nehicle Repai Reliable Auto Glass 925.00 Check Total: 925.00 204890 03/14/2012 General Fund Streets & Bike /Spec. Departm Reliable Hardware & Steel Co. 32.82 Check Total: 32.82 204891 03/14/2012 General Fund Publ Works Gen /Haz Materials Rohnert Park Disposal 400.00 Check Total: 400.00 204892 03/14/2012 General Fund Police Nehicle Repai Royal Coach Chevron Car Wash 66.99 AP - Checks for Approval ( 03/21/2012 - 4:15 PM ) Page 11 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 66.99 204893 03/14/2012 General Fund Rec. Programs Nehicle Repair Santa Rosa Auto Parts 192.13 204893 03/14/2012 General Fund Rec. Programs Nehicle Repair Santa Rosa Auto Parts 156.44 Check Total: 348.57 204894 03/14/2012 General Fund Data Processing /Contractual S Santa Rosa Community Media Acc 135.00 204894 03/14/2012 General Fund Data Processing /Contractual S Santa Rosa Community Media Acc 787.50 Check Total: 922.50 204895 03/14/2012 General Fund Fire /Uniforms Santa Rosa Uniform & Career Ap 155.86 204895 03/14/2012 General Fund Police /Uniforms Santa Rosa Uniform & Career Ap 127.92 204895 03/14/2012 General Fund Police /Uniforms Santa Rosa Uniform & Career Ap 130.09 204895 03/14/2012 General Fund Police /Uniforms Santa Rosa Uniform & Career Ap 124.61 204895 03/14/2012 General Fund Police /Uniforms Santa Rosa Uniform & Career Ap 250.42 204895 03/14/2012 General Fund Police /Uniforms Santa Rosa Uniform & Career Ap 109.48 204895 03/14/2012 General Fund Police /Uniforms Santa Rosa Uniform & Career Ap 59.62 204895 03/14/2012 General Fund Police /Uniforms Santa Rosa Uniform & Career Ap 27.07 204895 03/14/2012 General Fund Police /Uniforms Santa Rosa Uniform & Career Ap 63.96 204895 03/14/2012 General Fund Police /Uniforms Santa Rosa Uniform & Career Ap 140.94 204895 03/14/2012 General Fund Police /Uniforms Santa Rosa Uniform & Career Ap 21.59 204895 03/14/2012 General Fund Police /Uniforms Santa Rosa Uniform & Career Ap 183.37 204895 03/14/2012 General Fund Police /Uniforms Santa Rosa Uniform & Career Ap 140.94 204895 03/14/2012 General Fund Police /Uniforms Santa Rosa Uniform & Career Ap 22.34 204895 03/14/2012 General Fund Police /Uniforms Santa Rosa Uniform & Career Ap 140.94 Check Total: 1,699.15 204896 03/14/2012 General Fund Streets & Bike /Spec. Departm Shamrock Materials 86.27 Check Total: 86.27 204897 03/14/2012 General Fund Paul Skanchy 365.00 Check Total: 365.00 204898 03/14/2012 General Fund Fire Nehicle Repai Smothers 16.92 AP - Checks for Approval ( 03/21/2012 - 4:15 PM ) Page 12 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 16.92 204899 03/14/2012 General Fund Publ Works Gen /Small Tools Snap -On- Industrial 56.44 Check Total: 56.44 204900 03/14/2012 General Fund Community Event/Spec. Dep Sonoma County Dept of Food and 96.00 Check Total: 96.00 204901 03/14/2012 General Fund Community Event/Spec. Dep Sonoma County Farm Trails 150.00 Check Total: 150.00 204902 03/14/2012 General Fund Sports Center /Contractual S PAMELA STAFFORD 2,398.50 204902 03/14/2012 General Fund R.P. Comm. Cntr /Contractual S PAMELA STAFFORD 31100 204902 03/14/2012 General Fund R.P. Comm. Cntr /Contractual S PAMELA STAFFORD 1,340.63 204902 03/14/2012 General Fund Sports Center /Contractual S PAMELA STAFFORD 373.75 204902 03/14/2012 General Fund Sports Center /Contractual S PAMELA STAFFORD 232.00 Check Total: 4,656.88 204903 03/14/2012 General Fund Publ Works Gen /Clothing Allo Sunset Linen Service 117.12 Check Total: 117.12 204904 03/14/2012 General Fund Non - Department /Community Pro The Pin Center 473.18 Check Total: 473.18 204905 03/14/2012 General Fund John Thompson 106.05 Check Total: 106.05 204906 03/14/2012 General Fund City Hall Bldg/Facilty Universal Building Services 1,150.00 Check Total: 1,150.00 204907 03/14/2012 General Fund Animal Control /Contractual S Veterinary Medical Board 200.00 AP - Checks for Approval ( 03/21/2012 - 4:15 PM ) Page 13 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 200.00 204908 03/14/2012 General Fund Publ Works Gen /Spec. Departm West Cal Tractor 1,866.24 Check Total: 1,866.24 204909 03/14/2012 General Fund Streets & Bike /Spec. Departm West Coast Graphics 328.97 Check Total: 328.97 204910 03/14/2012 General Fund Streets & Bike /Spec. Departm Western Highway Products 371.55 204910 03/14/2012 General Fund Streets & Bike /Spec. Departm Western Highway Products 367.57 Check Total: 739.12 204911 03/14/2012 Utility Fund Accounts Payable Christine Baranov 16.14 204911 03/14/2012 Utility Fund Accounts Payable Christine Baranov 4.22 204911 03/14/2012 Utility Fund Accounts Payable Christine Baranov 8.03 204911 03/14/2012 Utility Fund Accounts Payable Christine Baranov 26.57 Check Total: 54.96 204912 03/14/2012 Utility Fund Accounts Payable Rosamond Burger 21.21 204912 03/14/2012 Utility Fund Accounts Payable Rosamond Burger 48.00 204912 03/14/2012 Utility Fund Accounts Payable Rosamond Burger 55.19 Check Total: 124.40 204913 03/14/2012 Utility Fund Accounts Payable Kimberly Crozier 31.21 204913 03/14/2012 Utility Fund Accounts Payable Kimberly Crozier 1.68 204913 03/14/2012 Utility Fund Accounts Payable Kimberly Crozier 23.81 Check Total: 56.70 204914 03/14/2012 Utility Fund Accounts Payable Amy Hanna 15.91 204914 03/14/2012 Utility Fund Accounts Payable Amy Hanna 2.98 204914 03/14/2012 Utility Fund Accounts Payable Amy Hanna 18.65 Check Total: 37.54 AP - Checks for Approval ( 03/21/2012 - 4:15 PM ) Page 14 Check Number Check Date Fund Name 204915 03/14/2012 Utility Fund 204915 03/14/2012 Utility Fund 204915 03/14/2012 Utility Fund 204916 .03/16/2012 General Fund 204916 03/16/2012 General Fund 204917 03/16/2012 General Fund 204917 03/16/2012 General Fund 204918 03/19/2012 General Fund 204918 03/19/2012 General Fund 204919 03/19/2012 General Fund 204919 03/19/2012 General Fund 204920 03/19/2012 General Fund 204921 03/19/2012 General Fund 204922 03/19/2012 General Fund 204923 03/19/2012 General Fund 204923 03/19/2012 General Fund AP - Checks for Approval ( 03/21/2012 - 4:15 PM ) Account Name Vendor Name Amount Accounts Payable Danielle La Clair 5.97 Accounts Payable Danielle La Clair 31.09 Accounts Payable Danielle La Clair 51.39 Check Total: 88.45 Pers- Survivorship CALPERS 20.00 P E R S Payable CALPERS 17,809.32 Check Total: 17,829.32 P E R S Payable CALPERS 17,682.70 Pers- Survivorship CALPERS 20.00 Check Total: 17,702.70 Aflac Payable AFLAC 401.88 Aflac Payable AFLAC 496.10 Check Total: 897.98 Emplyee Benfits /Health InsBl ANTHEM BLUE CROSS 49,359.88 Blue Cross W/H Payable ANTHEM BLUE CROSS 24,634.97 Check Total: 73,994.85 Court Order Payable CA FRANCHISE TAX BOARD 544.97 Check Total: 544.97 Emplyee Benfits /Medical Insur HARTFORD LIFE INS 19,352.40 Check Total: 19,352.40 Kaiser W/H Payable HSA Bank 125.00 Check Total: 125.00 Emplyee Benfits /Medical Insur KAISER HEALTH PLAN INC 44,933.32 Kaiser W/H Payable KAISER HEALTH PLAN INC 106,140.08 Page 15 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 151,073.40 204924 03/19/2012 General Fund Kaiser W/H Payable KAISER HEALTH PLAN INC 998.57 Check Total: 998.57 204925 03/19/2012 General Fund Emplyee Benfits /Medical Insur KAISER HEALTH PLAN INC 689.78 Check Total: 689.78 204926 03/19/2012 General Fund Prepaid Legal Services Legal Shield 41.85 Check Total: 41.85 204927 03/19/2012 General Fund Standard Ins Payable LINCOLN NATIONAL LIFE INS CO 3,904.53 204927 03/19/2012 General Fund Short Term Disability LINCOLN NATIONAL LIFE INS CO 2,133.19 204927 03/19/2012 General Fund Emplyee Benfits /Life Ins /Sala LINCOLN NATIONAL LIFE INS CO 1,040.36 Check Total: 7,078.08 204928 03/19/2012 General Fund Def Comp Payable -Gw NATIONAL DEFERRED COMPENSATIO 1,400.00 204928 03/19/2012 General Fund Def Comp Payable -Gw NATIONAL DEFERRED COMPENSATIO 2,638.84 Check Total: 4,038.84 204929 03/19/2012 General Fund Def Comp Payable -Gw NATIONAL DEFERRED COMPENSATIO 1,628.99 Check Total: 1,628.99 204930 03/19/2012 General Fund Scope Dues Payable SEIU Local 1021 1,022.81 Check Total: 1,022.81 204931 03/19/2012 General Fund Court Order Payable United States Treasury 325.00 Check Total: 325.00 204932 03/19/2012 General Fund United Way Payable UNITED WAY 80.00 AP - Checks for Approval ( 03/21 /2012 - 4:15 PM) Page 16 Check Number Check Date Fund Name Account Name Vendor Name Amount AP - Checks for Approval ( 03/21/2012 - 4:15 PM) Page 17 Check Total: 80.00 204933 03/19/2012 General Fund Eye Care/VSP/Payables Vision Service Plan - (CA) 1,307.00 Check Total: 1,307.00 204934 03/19/2012 General Fund Emplyee Benfits /Eye Care Vision Service Plan - (CA) 1,104.20 Check Total: 1,104.20 204935 03/21/2012 General Fund Finance /Contractual S Accountemps 1,718.40 Check Total: 1,718.40 204936 03/21/2012 General Fund R.P. Comm. Cntr /Bldg/Facilty ARCH'S GLASS, INC. 9.00 Check Total: 9.00 204937 03/21/2012 General Fund Data Processing /Telephone AT &T 5,256.03 Check Total: 5,256.03 204938 03/21/2012 General Fund P/S Bldg -North /Telephone AT &T 30.25 204938 03/21/2012 General Fund P/S Bldg -North /Telephone AT &T 65.39 204938 03/21/2012 General Fund Rec. Programs /Telephone AT &T 14.51 204938 03/21/2012 General Fund Ps Main Station /Telephone AT &T 24.13 Check Total: 134.28 204939 03/21/2012 General Fund Linda T. Babonis 50.00 Check Total: 50.00 204940 03/21/2012 General Fund Publ Works Gen /Vehicle Repai Bayshore International 424.13 Check Total: 424.13 204941 03/21/2012 Capital Projects Fund Pedestrian Safety Survey Bayside Stripe and Seal Inc 12,970.87 AP - Checks for Approval ( 03/21/2012 - 4:15 PM) Page 17 Check Number Check Date Fund Name Account Name Vendor Name Amount AP - Checks for Approval ( 03/21/2012 - 4:15 PM ) 12,970.87 75.00 75.00 39.00 40.00 79.00 3,273.00 3,273.00 290.49 290.49 638.00 192.00 830.00 550.00 550.00 362.00 362.00 13,155.09 13,155.09 318.00 Page 18 318.00 Check Total: 204942 03/21/2012 General Fund Police /Training & Ed GEORGE BRANNEN Check Total: 204943 03/21/2012 General Fund Sports Center /Contractual S Pete Breeland 204943 03/21/2012 General Fund Sports Center /Contractual S Pete Breeland Check Total: 204944 03/21/2012 Utility Construction Fund Alta Ave &Almond Swr/Wtr Rehab BRELJE & RACE CONSULTING Check Total: 204945 03/21/2012 General Fund Publ Works Gen /Spec. Deparhn Buchanan Food Service Check Total: 204946 03/21/2012 General Fund Police /Contractual S CA Department of Justice 204946 03/21/2012 General Fund Personnel /Recruitment/F CA Department of Justice Check Total: 204947 03/21/2012 General Fund Police /Armory City of Fairfield Check Total: 204948 03/21/2012 General Fund Pac /Equip Repair Co. of Sonoma Dept. of Health Check Total: 204949 03/21/2012 Utility Construction Fund Alta Ave &Almond Swr/Wtr Rehab COASTLAND CIVIL Check Total: 204950 03/21/2012 General Fund Development Svcs /Contractual S Code Source Check Total: AP - Checks for Approval ( 03/21/2012 - 4:15 PM ) 12,970.87 75.00 75.00 39.00 40.00 79.00 3,273.00 3,273.00 290.49 290.49 638.00 192.00 830.00 550.00 550.00 362.00 362.00 13,155.09 13,155.09 318.00 Page 18 318.00 Check Number Check Date Fund Name Account Name Vendor Name Amount 204951 03/21/2012 General Fund Pac /Telephone Comcast 13.41 Check Total: 13.41 204952 03/21/2012 General Fund R.P. Comm. Cntr /Contractual S Gay Dawson 507.00 Check Total: 507.00 204953 03/21/2012 General Fund Magnolia Pool /Fac Maintenanc Eureka Oxygen Co. 571.37 Check Total: 571.37 204954 03/21/2012 General Fund Non - Department Books/Pamphle FedEx Kinko's Office 410.65 Check Total: 410.65 204955 03/21/2012 General Fund City Hall Bldg/Facilty First Alarm Sercurities Servic 1,272.00 Check Total: 1,272.00 204956 03/21/2012 General Fund R.P. Gymnasium Bldg/Facilty Fishman Supply Company 556.34 Check Total: 556.34 204957 03/21/2012 General Fund Pub] Works Gen /Small Tools Friedman's 20.95 Check Total: 20.95 204958 03/21/2012 General Fund Publ Works Gen /Fuel Tank Mai GHD 1,893.75 Check Total: 1,893.75 204959 03/21/2012 General Fund Police /Training & Ed Christine Giordano 75.00 Check Total: 75.00 204960 03/21/2012 General Fund Streets & Bike /Spec. Departm Grainger, Inc. 15.65 204960 03/21/2012 General Fund Streets & Bike /Spec. Departm Grainger, Inc. 27.91 204960 03/21/2012 General Fund Streets & Bike /Spec. Departm Grainger, Inc. 29.20 204960 03/21/2012 General Fund Publ Works Gen /Spec. Departm Grainger, Inc. 12.80 204960 03/21/2012 General Fund Streets & Bike /Spec. Departm Grainger, Inc. 67.83 AP - Checks for Approval ( 03/21/2012 - 4:15 PM ) Page 19 Check Number Check Date Fund Name Account Name Vendor Name Amount 204960 03/21/2012 General Fund Publ Works Gen /Small Tools Grainger, Inc. 59.61 204960 03/21/2012 General Fund Streets & Bike /Spec. Departm Grainger, Inc. 12.92 204960 03/21/2012 General Fund Streets & Bike /Spec. Departm Grainger, Inc. 59.95 204960 03/21/2012 General Fund Publ Works Gen /Spec. Departm Grainger, Inc. 58.98 204960 03/21/2012 General Fund Streets & Bike /Spec. Departm Grainger, Inc. 13.73 Check Total: 358.58 204961 03/21/2012 General Fund Police Nehicle Repai Hansel Ford 122.00 204961 03/21/2012 General Fund Police Nehicle Repai Hansel Ford 168.39 204961 03/21/2012 General Fund Police Nehicle Repai Hansel Ford 628.32 204961 03/21/2012 General Fund Police Nehicle Repai Hansel Ford - 154.23 Check Total: 764.48 204962 03/21/2012 General Fund Police /Miscellaneous Michael T. Hardin Investigations 891.25 Check Total: 891.25 204963 03/21/2012 General Fund Pac/Pasco /Admissions Drew Harrison 5,240.30 Check Total: 5,240.30 204964 03/21/2012 General Fund Pac /Facility Repa Home Depot Credit Services 81.94 204964 03/21/2012 General Fund Streets & Bike /Spec. Departm Home Depot Credit Services 120.79 204964 03/21/2012 General Fund Streets & Bike /Spec. Departm Home Depot Credit Services 33.53 204964 03/21/2012 General Fund Park Maint /Landscape Sup Home Depot Credit Services 3.22 204964 03/21/2012 General Fund Streets & Bike /Spec. Departm Home Depot Credit Services 18.12 204964 03/21/2012 General Fund R.P. Gymnasium /Bldg/Facilty Home Depot Credit Services 62.90 204964 03/21/2012 General Fund Streets & Bike /Spec. Departm Home Depot Credit Services 85.39 204964 03/21/2012 General Fund Streets & Bike /Spec. Departm Home Depot Credit Services 2.38 Check Total: 408.27 204965 03/21/2012 General Fund Park Maint /Landscape Sup Horizon Distributors Inc. 16.85 Check Total: 16.85 204966 03/21/2012 General Fund R.P. Gymnasium /Bldg/Facilty Interstate All Battery Center 21.92 Check Total: 21.92 AP - Checks for Approval ( 03/21/2012 - 4:15 PM ) Page 20 Check Number Check Date Fund Name Account Name Vendor Name Amount 204967 03/21/2012 General Fund Non - Department /Professional Kahn, Soares & Company, LLP 4,000.00 Check Total: 4,000.00 204968 03/21/2012 General Fund Codding Center /Fac Maint/Non- Kelly Moore Paints 66.40 Check Total: 66.40 204969 03/21/2012 General Fund Animal Control /Contractual S Koefran Industries 115.00 Check Total: 115.00 204970 03/21/2012 General Fund Park Maint /Spec. Departm Laser Impressions 86.12 Check Total: 86.12 204971 03/21/2012 General Fund PW -Storm Drains /Spec. Depa Martin Ranch Supply 108.49 204971 03/21/2012 General Fund Park Maint /Landscape Sup Martin Ranch Supply 16.26 Check Total: 124.75 204972 03/21/2012 General Fund Police /Contractual S Master K9 Inc 600.00 Check Total: 600.00 204973 03/21/2012 General Fund Publ Works Gen /Small Tools Matco Tools 195.30 Check Total: 195.30 204974 03/21/2012 General Fund Rec Ref Clearing Brenda Medrano -50.00 204974 03/21/2012 General Fund Rec Ref Clearing Brenda Medrano 400.00 Check Total: 350.00 204975 03/21/2012 General Fund Pac /City Events /Contractual S George Michael Frey 270.60 Check Total: 270.60 204976 03/21/2012 General Fund Business Licenses Nat'l Entertainment Network In 1,190.53 AP - Checks for Approval ( 03/21/2012 - 4:15 PM ) Page 21 Check Number Check Date Fund Name Account Name Vendor Name Amount AP - Checks for Approval ( 03/21/2012 - 4:15 PM ) Page 22 Check Total: 1,190.53 204977 03/21/2012 General Fund Development Svcs /Spec. Deparhn National Document Solutions, L 57.83 Check Total: 57.83 204978 03/21/2012 General Fund Fire Prevention/Dues & Subscr NFPA 300.00 Check Total: 300.00 204979 03/21/2012 General Fund Animal Shelter Fees Kathleen Norman 95.00 Check Total: 95.00 204980 03/21/2012 General Fund Pers'L & Purch /Recruitment/G North Bay Corporate Health Ser 91.00 Check Total: 91.00 204981 03/21/2012 Capital Projects Fund Northeast Dist. Specific Plan North Fork Associates 2,477.03 204981 03/21/2012 Capital Projects Fund Northwest Dist. Specific Plan North Fork Associates 117.06 204981 03/21/2012 Capital Projects Fund Wilfred Ave. Widening North Fork Associates 560.69 Check Total: 3,154.78 204982 03/21/2012 General Fund Ladybug Rec Bld Bldg/Facilty Pace Supply 45.22 Check Total: 45.22 204983 03/21/2012 General Fund Police /Armory Proforce Law Enforcement 4,773.95 Check Total: 4,773.95 204984 03/21/2012 Utility Construction Fund Sewer Interceptor Phase II Psomas 8,640.00 Check Total: 8,640.00 204985 03/21/2012 General Fund Publ Works Gen /Gas & Oil Redwood Coast Petroleum 1,213.39 204985 03/21/2012 General Fund Police /Gas & Oil Redwood Coast Petroleum 1,234.46 204985 03/21/2012 General Fund Police /Gas & Oil Redwood Coast Petroleum 1,262.91 AP - Checks for Approval ( 03/21/2012 - 4:15 PM ) Page 22 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 3,710.76 204986 03/21/2012 General Fund Codding Center /Fac Maint/Non- Redwood Lock & Key 32.55 204986 03/21/2012 General Fund Publ Works Gen Bldg/Facilty Redwood Lock & Key 6.17 Check Total: 38.72 204987 03/21/2012 General Fund Theatre /Spec. Departm Refrigeration Supplies Distrib 9.54 Check Total: 9.54 204988 03/21/2012 General Fund Park Maint /Landscape Sup Reliable Hardware & Steel Co. 23.87 Check Total: 23.87 204989 03/21/2012 General Fund Publ Works Gen /Haz Materials Safety-Kleen Systems, Inc. 2,029.40 204989 03/21/2012 General Fund Publ Works Gen /Haz Materials Safety-Kleen Systems, Inc. 535.50 204989 03/21/2012 General Fund Publ Works Gen /Haz Materials Safety-Kleen Systems, Inc. 164.92 Check Total: 2,729.82 204990 03/21/2012 General Fund Publ Works Gen /Vehicle Repai Santa Rosa Auto Parts 36.42 Check Total: 36.42 204991 03/21/2012 General Fund Fire /Contractual S Santa Rosa Fire Equipment Sery 1,074.73 Check Total: 1,074.73 204992 03/21/2012 General Fund Econ Develp /Miscellaneous Santa Rosa Junior College 300.00 Check Total: 300.00 204993. 03/21/2012 General Fund Police /Uniforms Santa Rosa Uniform & Career Ap 204.79 Check Total: 204.79 204994 03/21/2012 General Fund Animal Shelter Fees Stacee Shade 95.00 AP - Checks for Approval ( 03/21/2012 - 4:15 PM) Page 23 Check Number Check Date Fund Name Account Name Vendor Name Amount AP - Checks for Approval ( 03/21/2012 - 4:15 PM) Page 24 Check Total: 95.00 204995 03/21/2012 General Fund Rec Ref Clearing Christine Shlegeris 45.00 Check Total: 45.00 204996 03/21/2012 General Fund Fire /Vehicle Repai Sierra Smoke Check 323.05 204996 03/21/2012 General Fund Publ Works Gen /Vehicle Repai Sierra Smoke Check 92.35 Check Total: 415.40 204997 03/21/2012 General Fund Angela D. Smith 400.00 Check Total: 400.00 204998 03/21/2012 General Fund R.P. Comm. Cntr /Contractual S Randy Snyder 546.00 Check Total: 546.00 204999 03/21/2012 General Fund Fire /Training & Ed State Fire Training 65.00 Check Total: 65.00 205000 03/21/2012 General Fund Publ Works Gen /Clothing Allo Sunset Linen Service 117.12 Check Total: 117.12 205001 03/21/2012 General Fund Streets & Bike /Spec. Departm Syar Industries, Inc. 187.34 205001 03/21/2012 General Fund Streets & Bike /Spec. Departm Syar Industries, Inc. 280.89 Check Total: 468.23 205002 03/21/2012 General Fund R.P. Comm. Cntr /Contractual S DENISE THURMAN 65.00 Check Total: 65.00 205003 03/21/2012 General Fund R.P. Comm. Cntr /Contractual S Pat Tyler 31.20 205003 03/21/2012 General Fund R.P. Comm. Cntr /Contractual S Pat Tyler 156.00 AP - Checks for Approval ( 03/21/2012 - 4:15 PM) Page 24 Check Number Check Date Fund Name 205004 03/21/2012 General Fund 205005 03/21/2012 Capital Projects Fund 205006 03/21/2012 Utility Fund 205006 03/21/2012 Utility Fund 205007 03/21/2012 Utility Fund 205008 03/21/2012 Utility Fund 205009 03/21/2012 Utility Fund 205010 03/21/2012 Utility Fund 205010 03/21/2012 Utility Fund 205010 03/21/2012 Utility Fund 205011 03/21/2012 Utility Fund 205012 03/21/2012 Utility Fund 205012 03/21/2012 Utility Fund 205012 03/21/2012 Utility Fund AP - Checks for Approval ( 03/21/2012 - 4:15 PM ) Account Name Vendor Name Amount Page 25 Check Total: 187.20 H Pool Bldg/Facilty USA Blue Book 88.24 Check Total: 88.24 Ranch Verde Trafic Signal Whitlock & Weinberger Transpor 3,515.49 Check Total: 3,515.49 Water Ent/Distrib SystemRepair Complete Welders Supply 121.80 Water Ent/Distrib SystemRepair Complete Welders Supply 49.50 Check Total: 171.30 Water Entr. /Postage County of Sonoma 1,820.96 Check Total: 1,820.96 Water Conservation Measures Stephen Dassel 37.50 Check Total: 37.50 Water Entr. /Professional First Alarm Sercurities Servic 867.00 Check Total: 867.00 Water Entr. /Spec. Departm Grainger, Inc. 79.45 Water Entr. /Spec. Departm Grainger, Inc. 38.83 Water Entr. /Spec. Departm , Grainger, Inc. 4.97 Check Total: 123.25 Water/Vehicle Repairs Hansel Ford 80.36 Check Total: 80.36 Water Entr. /Spec Dept Equ Home Depot Credit Services 68.71 Water Entr. /Spec Dept Equ Home Depot Credit Services 14.89 Water Entr. /Spec. Departm Home Depot Credit Services 55.19 Page 25 Check Number Check Date Fund Name Account Name Vendor Name Amount 205012 03/21/2012 Utility Fund Water Entr. /Spec. Departm Home Depot Credit Services 101.86 205012 03/21/2012 Utility Fund Water Entr. /Spec. Departm Home Depot Credit Services 65.78 Check Total: 306.43 205013 03/21/2012 Utility Fund Water Entr. /Spec Dept Equ HOTSY CLEANING EQUIPMENT 372.71 Check Total: 372.71 205014 03/21/2012 Utility Fund Water Ent/Distrib SystemRepair Martin Ranch Supply 216.98 Check Total: 216.98 205015 03/21/2012 Utility Fund Water Entr. /Water Meter Re National Meter & Automation, I 533.82 205015 03/21/2012 Utility Fund Water Entr. /Water Meter Re National Meter & Automation, I 103.61 Check Total: 637.43 205016 03/21/2012 Utility Fund Water Ent/Distrib SystemRepair Pace Supply 410.13 205016 03/21/2012 Utility Fund Water Ent/Distrib SystemRepair Pace Supply 595.39 205016 03/21/2012 Utility Fund Water Ent/Distrib SystemRepair Pace Supply 136.71 205017 03/21/2012 Utility Fund 205018 03/21/2012 Utility Fund 205019 03/21/2012 Utility Fund 205020 03/21/2012 Utility Fund 205021 03/21/2012 Utility Fund Water Entr. /Heat/Light/Po WaterNehicle Repairs WaterNehicle Repairs Pacific Gas & Electric Pep Boys Platinum Chevrolet Water Entr. /Spec. Departin Redwood Lock & Key Water Entr. /Haz Materials Safety-Kleen Systems, Inc. Check Total: Check Total: Check Total: Check Total: Check Total: 1,142.23 120.42 120.42 34.16 34.16 128.50 128.50 13.02 13.02 639.62 AP - Checks for Approval ( 03/21/2012 - 4:15 PM ) Page 26 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 639.62 205022 03/21/2012 Utility Fund WaterNehicle Repairs Santa Rosa Auto Parts 23.46 205022 03/21/2012 Utility Fund WaterNehicle Repairs Santa Rosa Auto Parts 43.52 205022 03/21/2012 Utility Fund WaterNehicle Repairs Santa Rosa Auto Parts 25.29 Check Total: 92.27 205023 03/21/2012 Utility Fund Water Ent/Distrib SystemRepair Shamrock Materials 506.40 Check Total: 506.40 205024 03/21/2012 Utility Fund WaterNehicle Repairs Sierra Smoke Check 138.45 Check Total: 138.45 205025 03/21/2012 Utility Fund Water /Clothing Allowance Sunset Linen Service 51.09 Check Total: 51.09 205026 03/21/2012 Utility Fund WaterNehicle Repairs Traction of Santa Rosa 46.09 Check Total: 46.09 205027 03/21/2012 Utility Fund Water Ent/Distrib SystemRepair Wyatt Irrigation Supply Inc. 110.12 Check Total: 110.12 205028 03/21/2012 Utility Fund Sewer Entr. /Spec. Departm Alhambra & Sierra Springs 51.41 Check Total: 51.41 205029 03/21/2012 Utility Fund Sewer Entr. /Postage County of Sonoma 1,820.96 Check Total: 1,820.96 205030 03/21/2012 Utility Fund Water Conservation Measures Stephen Dassel 37.50 Check Total: 37.50 AP - Checks for Approval ( 03/21/2012 - 4:15 PM) Page 27 Check Number Check Date Fund Name 205031 03/21/2012 Utility Fund 205032 03/21/2012 Utility Fund 205033 03/21/2012 Utility Fund 205033 03/21/2012 Utility Fund 205034 03121/2012 Utility Fund 205034 03/21/2012 Utility Fund 205035 03/21/2012 Utility Fund 205036 03/21/2012 Utility Fund 205037 03/21/2012 Utility Fund 205037 03/21/2012 Utility Fund 205037 03/21/2012 Utility Fund 205038 03/21/2012 Utility Fund 205039 03/21/2012 Utility Fund 205040 03/21/2012 Utility Fund AP - Checks for Approval ( 03/21/2012 - 4:15 PM ) Account Name Vendor Name Amount Sewer Entr. /Spec. Departm Eureka Oxygen Co. Check Total: Sewer Entr. /Spec. Departm Grainger, Inc. Check Total: Sewer Entr. Bldg/Facilty Home Depot Credit Services Sewer Entr. /Spec. Departm Home Depot Credit Services Check Total: Sewer Entr. Nehicle Repair Municipal Maintenance Equipmen Sewer Entr. Nehicle Repair Municipal Maintenance Equipmen Check Total: Sewer Entr. Bldg/Facilty Northgate Company, Inc. Check Total: Sewer Entr. Nehicle Repair Pep Boys Check Total: Sewer Entr. /C/0-Vehicles/ Power Industries Sewer Entr. /Spec Dept Equ Power Industries Sewer Ent/Collect SystemRepair Power Industries Check Total: Sewer Entr. Nehicle Repair Redwood Lock & Key 115.54 115.54 54.95 54.95 164.85 107.45 272.30 274.37 279.23 553.60 715.00 715.00 22.51 22.51 339.44 9.20 21.72 370.36 104.00 Check Total: 104.00 Sewer Entr. Nehicle Repair Sierra Smoke Check 46.15 Check Total: 46.15 Sewer Entr. /Clothing Allow Sunset Linen Service 23.42 Page 28 Check Number Check Date Fund Name Account Name Vendor Name Amount AP - Checks for Approval ( 03/21/2012 - 4:15 PM ) Page 29 Check Total: 23.42 205041 03/21/2012 Utility Fund Sewer Entr. /Spec Dept Equ Tifco Industries 210.97 Check Total: 210.97 205042 03/21/2012 Utility Fund Sewer Ent/Collect SystemRepair USA Blue Book 233.22 Check Total: 233.22 205043 03/21/2012 Utility Fund Refuse Col Entr /Contractual S Safety-Kleen Systems, Inc. 1,341.90 Check Total: 1,341.90 205044 03/21/2012 General Fund Police /Training & Ed Chico PD Explorer Post 637 320.00 Check Total: 320.00 205045 03/21/2012 General Fund Police /Spec Dept Equ West Coast Graphics 721.24 Check Total: 721.24 205046 03/21/2012 General Fund Development Svcs /Contractual S North Fork Associates 298.75 Check Total: 298.75 205047 03/21/2012 General Fund Refundable Deposits The Community Voice 130.00 Check Total: 130.00 205048 03/21/2012 General Fund Refundable Deposits Michael Brandman Associates 13,050.00 Check Total: 13,050.00 205049 03/21/2012 General Fund Refundable Deposits RP Wings 141.00 Check Total: 141.00 AP - Checks for Approval ( 03/21/2012 - 4:15 PM ) Page 29 Check Number Check Date Fund Name Account Name Vendor Name Amount Report Total: 1,353,261.82 AP - Checks for Approval ( 03/21/2012 - 4:15 PM) Page 30 CITY OF ROHNERT PARK COMMUNITY DEVELOPMENT COMMISSION BILLS FOR ACCEPTANCE March 27, 2012 Check Numbers: 5888-5889 Dated: Mar. 14,2012 TOTAL $ 1,612.23 $ 1,612.23 Accounts Payable Checks for Approval User: ccolburn Printed: 03/21/2012 - 4:25 PM Check Number Check Date Fund Name Account Name Vendor Name Amount 5888 03/14/2012 RSA General Fund Contractual Services Foxtail Irrevocable Trust 1,562.23 Check Total: 1,562.23 5889 03/14/2012 RSA General Fund Contractual Services Union Bank, N.A. 50.00 Check Total: 50.00 Report Total: 1,612.23 AP - Checks for Approval ( 03/21/2012 - 4:25 PM ) Page 1 CITY OF ROHNERT PARK To: The Honorable Mayor& Members of the City Council From: Cathy Orme ktor City Manager Gabriel Gonzalez Acting Finance Date March 20, 2012 CASH REPORT CASH' BALANCES AS OF FEBRUARY 29 2012 GENERAL FUND UNRESTRICTED CASH General Fund Unrestricted Cash ($1,929,804.40) Petty Cash 3,826.00 Dental Self- Insurance Cash 222,748.71 R.E.M.I.F. Cash (44,890.90) General fund Reserve 447,083.31 General Fund Endowment Reserve 358,620.94 - Reserve For Self- Insured Losses 1,169,840.50 Reserve For Retired Employee Medical 2,578,992.00 Reserve for Dev. of Add1 Rec. Facilities 30,094.56 Miscellaneous Reserve(CDC Loan Principal Repayment) 616,000.00 TOTAL GENERAL FUND UNRESTRICTED CASH 3,452,510.72 GENERAL FUND RESTRICTED CASH Traffic Safety Cash 696,560.18 Vehicle Abatement Cash 180,127.36 Spay /Neuter Forfeiture Cash 95,873.72 Crime' Prevention Donations 8,102.06 Donations Signs 500.00 K -9 Donations 1,042.20 Animal Shelter Donations' 20,240.04 D.A.R.E. Donations 1,036.06 Y &FS Donations 18,009.38 Senior Center Donations 105,461.19 PAC Gifts /Donations 24,725.01 Sonoma Co. Explorer Advisory 3,539.93 Public Safety Explorer 7,741.35 Alcohol Education Fee 81,235.59 Cotati- RP /SSU Alcohol Coalition 56,322.12 General Fund - Refundable' Deposits 588,638.43 Annexation Fees Cash 59,296.42 PEG Franchise Fees 90,608.67 General Plan Maintenance; Fee 157,552.36 Technology Equipment Cash 49,450.29 Reserve For Housing Programs 240,346.00 TOTAL GENERAL FUND RESTRICTED CASH 2,486,408.36 ' ENTERPRISE FUND CASH Water Utility Operations' Fund 4,564,928.61 Water Utility -Rate Stabilization 800,000.00 Water Utility-Meter Replacement 400,000.00 Water Utility-Capital Projects 500,000.00 6,264,928.61 Per Acre For Development Fee Fund 95,897.86 ' Sewer Utility Operations Fund 3,529,089.51 ' Sewer CapacityCharge Fund 1,691,730.55'> Garbage Utility Operations Fund 286,390.23 Garbage Utility Fund -Rate' Stabilization 380,096.10 Garbage Utility Fund - Diversion /Education Set - aside 462,797.32 1;129,283.65 " Utility Fund- Refundable Deposits 229,141.23 TOTAL ENTERPRISE FUND CASH' 12,940,071.41° SPECIAL REVENUE FUND CASH Gas Tax Fund; Sec. 2107- Maint. /Const $407,920.14 Sec. 2107.5 Engineering 6,010.68 Sec, 2106 Maint.Const. 204,722.68 Sec. 2105'Maint. /Const. 145,824.64 SB 140 3,614.25 R &T7360 Prop 42 Swap 642,753.47 1,410,845.86 Measure M Streets Fund 427,397.45 Traffic Signals Fund 1,869,011.19 Prop 1;B Fund 102,704.38 Capital Outlay Fund 218,131.55 Public Facilities Finance Fee Fund 647,354.23 Traffic Congestion Relief Fund 1,590.69' Rent Appeals Board Fund 44,972.68 TOTAL SPECIAL REVENUE FUNDS CASH 4,722,008.03' Capital Project Funds (258,102.23) TRUST AND AGENCY FUNDS CASH Special Enforcement Unit -South 122,136.07 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) 1,083,037.86 TOTAL TRUST AND AGENCY FUNDS CASH 3,671,481.40 TOTAL CASH $27,014,377.69 CASH DISTRIBUTION AS OF FEBRUARY 29, 2012 Petty Cash x $3,826.00 Payroll Checking Account- Exchange Bank x 0.00 General Checking Account- Exchange Bank @ 0.050% 2,368,379.78 Recreation Checking Account - Exchange Bank @ 0.050% x 23,974.26 Subtotal of Petty Cash and Checking' Accounts 2,396,180.04 Credit Card Payment Savings Accounts: Finance Department x 31,297.27 Subtotal of Cash In Credit Card Savings Accounts 31,297.27 Local Agency Investment' Fund (LAIF) x 18,630,894.14 Sonoma County Investment Pool (SCIP) x 144,086.26 Exchange Bank Savings Passbook x 24,340.71 Union Bank -Sweep Account x 0.74 Union Bank - Trust for Medium Term Notes x 1,000,000.00 Certificates of Deposit x 21504,084.26 Revenue Bonds x 1,083,037.86 California Employers' Retiree Benefit Trust (CERBT) x 1,200,456.41 Investment Accounts -See Schedule of Investments Attached 24,586,900.38 Total Cash Distribution February 29, 2012 $27,014,377.69 Investment Yield for February 2012 0.707% INVESTMENT POLICY &SUFFICIENT FUNDS DISCLOSURES The investments above are in compliance with the investment policy of the City of Rohnert Park as outlined in the City of Rohnert Park City Council Resolution #2006 -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 FEBRUARY 29, 2012 Maturity % Investment Investment Valuation Bank Name Type; Date int. Par Value;- - Market Value Source Exchange Bk Savings; Svgs NIA 0.050% $24,340.71 $24,340.71 Note (1) Union Bank Sweep Account Svgs NIA 0.000% - $0.74 $0.74 ' Note (2) Equity Bank C.D. 03/12/12 3.650% 99,000.00 99,000.00 Note (1) First Federal S & L -San Rafael ; C.D. " 03/22112 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. ` 04125112• 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. 08106112 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 Note (1) Business Bank of Fox River Vall C.D. 10219/12 2.500% 99,000.00 99,000.00 Note (1) First California Bank C.D. 11110/12 2.050% 100,000.00 100,000.00 ' Note (1) First California Bank C.D. ` 12123112 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) National Republic Bank of ChicE C.D. 01/11/13 0.700% 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. 05/26113 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. 07/10/13 4.850% ' 99,000.00 99,000.00 Note (1) Central Progressive' Bank C.D. 08/29/13 5.100% ' 99,000.00 99,000.00 " - Note (1) World's Foremost Bank C.D. 09/20/13 5.250% 100,000.00 100,000.00 - Note (1) Discover Bank C.D. 10/20/13 5.110% 117,396.27 117,396.27 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. 04124/14 2.230% 106,687.99 106,687.99 Note (6) Total C.D.s 2.865% $2,504,084.26 $2,504,084.26 State of Calif. -LAIF Pooled NIA 0.385% $18,630,894.14 $18,630,894.14 Note (3) So. Co, investmt. Pool Pooled NIA 0.567% 144,086.26 144,086.26 Note (4) Total Managed Pools 0.386% $18,774,980.40 $18,774,980.40 FFC13 MTN #31331KZ29 M.T.N. 12/07/15 1.330% 1,000,000.00 1,001,510.00 Note (2) Total Medium Term Notes 1.330% $1,000,000.00 - $1,001,510.00 ; Subtotal(See Investment Summary below) 0.707% $22,303,406.11 $22,304,916.11 ' 2002C W/WW Revenue Bonds Project Acct, 0.000% 0.00 0.00 Note (5) 2002C WIWW 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 W/W Rev Bonds- Interest Fund 0.000% ` 0.04 0.04 Note (5) 2005A CSCDA' WIW 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% 1,083,037.54 1,083,037.54 Note (5) Revenue Bond Totals 0.010% ! $1,083,037.92 $1,083,037.92 California Employers' Retiree' Benefit Trust (CERBT) 3.500% 1,200,456.41 1,200,456.41 Note (7) Totals $24,586,900.44 $24,588,410.44 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 February 29, 2012 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 February 29, 2012 # of % Of Avg. Average Investment Type Invmnts Portfolio YTM Par Value Market Value 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 25.00 ` 11.23% 2.865% 2,504,084 2,504,084 343 Medium Term Notes 1.00 4.48% 1.330% 1,000,000 1,001,510 1,376 Managed Pools(LAIF /SLIP) 2.00 84.18% 0.386% 18,774,980 18,774,980 1 28.00 100:00% $ 22,303,406 $ 22,304,916 IMPROVEMENT PROJECT FUND Fiscal Year 2011/2012 Summary of Revenue &Expenditures As of February 29, 2012 i Balance @ ; Current Fiscal Year Balance @ Project No. and Description 06/30/11 Revenue Expenditures 02/29/12 2004 -03 Comm Meter Install.-Phase 11 (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 2004 =15 University Dist. Specific Plan 33,268.79 (18,715.60) (37,472.30) 52,025.49 2004 -16 Northeast District Specific Plan 5,278.75 (2,741.42) (1;138.46)' 3,675.79 2004 -17 Southeast District Specific Plan (27,974.85) (6,684.98) (5,890.90); (28,768.93) 2004 -18 Northwest District Specific Plan (10,183.43) 0.00 21,300.82 (31,484;25) 2004 -19 Wilfred /Dowdell Dist. Spec. Plan (188,253.19) 0.00 22,142.56 ' (210,395.75) 2004 -20 Public Facs.Finance Spec. iPlan (74,400.63) 85,045.38 23,855.50 (13,210.75) 2004 -21 Water Supply Assmt. Project (12,122.70) 0.00 0.00 (12,122.70) 2004 -25 Stadium Lands Specific Plan (89,676.91) 0.00 3,692.81 ` (93,369.72) 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) (3,533.47) 57,580.57 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 II (2,834.56) 0.00 546.00 (3,380.56) 2007 -19 Trail to Crane Creek Park (889.04) 0.00 20.00 ' (909.04) 2008 -02 2009 Street Surface Repairs(closed) 0.00 28,000.00 28,000.00 0.00 2008 -03 Tanks 1,3 & 4 Exterior Recoat (1,554.75) 0.00 64,868.50 (66,423.25) 2009.01 American Recov Act St Maint 11,053.38 56,219.26 130,293.47 (63,020.83) 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 18,273.02 ;(22,921.77) 2010 -07 Arlen Dr &'E. Cotati Av Overlays 0.00 1,448.25 8,886.79 ` (7,438.54) 2010 -08 Copeland Crk Bike Path Reconstr. (18,172.89) 28,758.91 82,596.04 (72,010.02) 2010.09 2011 Various Streets Overlays 0.00 588,958.90 607,528.33 (18,569.43) 2010 -10 Community Ctr Fountain Demolition 0.00 0.00 0.00' 0.00 2010 -11 LED Street Lights (70,610.31) 0.00 11,084.61 (81,694.92) 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) 62,068.30 172,726.82 (134,950.52) 2011 -03 Water Meter Installation Project (1,710.50) 0.00 2,074.50 (3,785.00) 2011 -04 Sewer Interceptor Phase II (993.00) 44,585.16 134,628.39 (91,036.23) 2011 =06 Tanks 1 &2' Ladder' Safety Upgrade (1,026.96) 0.00 21,626.49 (22,653.45) 2011 -07 Alta Av & Almond St W &S Rehab 0.00 0.00 92,875.27 (92,875.27) 2011 -08 Rancho Verde Traffic Signal 0.00 0.00 42,686.76 (42,686.76) 2011 -09 Dowdell Right of Way Acquisition 0.00 0.00 3,858.00' (3,858.00) 2011 -10 Redwood @ Business Pk Signalization 0.00 0.00 43.50 (43.50) 2011 -11 Dowdell Ave Construction' 0.00 0.00 43.50 (43.50) 2011 -12 Dowdell Ave Improvements 0.00 0.00 65.25 (65.25) 2012 -01 2013 Various Streets Preventative lmpr 0.00 0.00 3,165.25 (3,165.25) 2012 -02 2012 Sidewalk Access Ramp AD Upgrd 0.00 0.00 552.50 ` (552.50) 2012 -03 West RPX Impr(Labath & Redwood) 0.00 0.00 21.75' (21.75) Sub =total $341,588.76 $902,037.82 $1,501,728.81 ` ($258,102.23) Accounts' Payable $73,221.45 ($73,221.45) $0.00 Accounts Receivable ($29,640.66) $29,640.66 $0.00 Total Improvement Project Fund 385,169.55 ($258,102.23) IMPROVEMENT PROJECT FUND Fiscal Year 2011/2012 Recap of Project Expenditures As of February 29, 2012 Est. Total Current Mo. - Fiscal Year Expenditures Project Project No. and Description:" Expenditures Expenditures Total Expenditures 2004 -03 Comm Meter Install. -Phase II & 111 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 762.00 (37,472.30) -; 372,563.04 TBD 2004 -16 Northeast District Specific Plan (19,506.97) (1,138.46) 97,780.54 TBD 2004 -17 Southeast District Specific Plan 304.50 (5,890.90) 139,460.37 250,000 2004.18 Northwest District Specific Plan 13,404.05 21,300.82 40,373.66 400,000" 2004 -19 Wilfred /Dowdell Dist. Spec Plan 12,454.01 22,142.56 208,006.35 TBD 2064 -20 Public Facs.Finance Spec. Plan 156.00 23,855.50 302,252.03 TBD 2004 -21 Water Supply Assmt.`Project ° 0.00 0.00 1,321,770.17 1,232,000 2004 -25 Stadium Lands Specific Plan 1,827.40 3,692.81 114,324.27 100,000 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 (2,041.67) (3,533.47) (60,508.17) 400,000 2007 -02 Eastside Trunk Swr Proj -Phase 2 0.00 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 II 0.00 546.00 3,380.56 831,900 2007 -19 Trail to Crane Creek Park 20.00 20.00 909.04 711,270 2008 =02 2009 Street Surface Repairs 0.00 28,000.00 459,411.31 295,131 2008 -03 Tanks 1,3 & 4 Exterior Recoat 23,567.00 64,868.50 66,439.54 1,000,000 2009 -01 American Recov Act St Maint 10,156.00 130,293.47 1,419,487.82 1,900,000 2009 -02 2009 Sewer Main Rehabilitation 0.00 0.00 244,572.07 600,000 2010 -05 Wilfred Widening 5,811.02 18,273.02 22,921.77 0 2010 -07 Arlen Dr & E.'Cotati Av Overlays 4,349.79 8,886.79 78,231.82 1,114,700" 2010 -08 Copeland Crk Bike Path Reconstr. 3,020.29 82;596.04 153,041.83 '746,675 2010 -09 2011 Various` Streets Overlays 634.50 607,528.33 697,691.13 1,079,000' 2010 -10 Community Ctr Fountain Demolition 0.00 0.00 0.00 30,000 2010 -11 LED Street Light Conversion 803.70 11,084.61 80,493.77 75,000' 2010 -12 Energy Mgmnt System for PS Bldg 1 0.00 (178.60) 4,152.45 72,690 2011 -02 Pedestrian Safety Improvement 391.50 172,726.82 197,018.82 200,000 2011.03 Water Meter Installation Project 2,009.25 2,074.50 3,785.00 600,000 2011 -04 Sewer Interceptor Phase 11 52,954.53 134,628.39 135,621.39 6,653,075 2011 -06 Tanks #1 & 2; Ladders' Safety Upgrade 1,945.60 21,626.49 21,626.49 95,000 2011 -07 Alta Av & Almond Swr & Wtr Rehab 14,145.47 92,875.27 92,875.27 5,200,000 2011 -08 Rancho Verde Traffic'Signal 10,382.29 42,686.76 42,686.76 300,000 2011 -09 Dowdell Right of Way Acquisition 793.75 3,858.00 3,858.00 578,550 2011 -10 Redwood @Business Pk Signalization 43.50 43.50 - 43.50 516,567 2011 =11 Dowdell Ave' Construction 43.50 43.50 -" 43.50 956,896 2011 =12 Dowdell Ave! Improvements 65.25 65.25 65.25 1,210,192 2012 -01 2013 Various Streets Preventative lmpr 3,165.25 3,165.25 3,165.25 580,000 2012 -02 2012 Sidewalk Access Ramp AD Upgrd 552.50 552.50 552.50 99,341 2012 -03 West RPX Impr(Labath & Redwood) 21.75 21.75 21.75 1,000,000 TOTALS $142,235.76 $1,501,728.81 $23,960,975.15 70,731,527 CAPITAL OUTLAY FUND Fiscal Year 2011/2012 Summary of Revenue and Expenditures February 29, 2012 Balance @ Current; Fiscal Year Balance @ CAPITAL OUTLAY FUND: June 30, 2011 Revenue Expenditures February 29, 2012 Residential $217,325.84 $0.00 $0.00 218,131.55 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 $218,131.55 I ROHNERT PARK FINANCING AUTHORITY I CASH REPORT TO: The Chairman and Board Members of the Rohnert Park Financing Authority FROM: Cathy Orme c.a Acting Authority Treasurer Executive Director Gabriel Gonzalez City & Authority Attorney DATE:March 12,2012 CASH BALANCES AS OF FEBRUARY 29. 2012 1999 C.O.P.'s-Capital Facilities Project: Capital Project Fund-1999 C.O.P.'s Lease Payment Fund-1999 C.O.P.'s 2003 Lease Revenue Refunding Bonds: Lease Revenue Refunding Bonds-Revenue Fund Lease Revenue Refunding Bonds-Project Fund 2005 Sewer System R.C.O.P.'s Funds: Certificate Payment & Delivery Cost Funds Revenue Bond Account Fund $0.00 0.04 0.06 135,927.66 0.13 2,682,008.51 TOTAL ROHNERT PARK FINANCING AUTHORITY CASH $2,817,936.40 CASH DISTRIBUTION AS OF FEBRUARY 29,2012 CASH HELD BY FISCAL AGENTS: Maturity Interest Source of Investment Institution Date Rate Par Value Market Value Valuation 1999 C.O.P.'s Capital Facilities Proiect Funds: Union Bank 1999 C.O.P.'s Lease Payment Fund: Blackrock Prov Tfund N/A 0.010% $0.04 $0.04 Note (1) Total $0.04 $0.04 $0.04 1999 C.O.P.'s Capital Proiect Fund: Union Bank Local Agency Investment Fun N/A 0,000% $0,00 $0.00 Note (1) Blackrock Prov Tfund N/A 0.010% 0.00 0.00 Note (1) Total $0.00 $0.00 0.00 2003 Lease Revenue Refundina Bonds: Lease Rev Refdg Bds-Revenue Fund: Blackrock Prov Tfund N/A 0,010% 0.06 $0.06 Note (1) Lease Rev Refdg Bds-Project Fund: Blackrock Prov Tfund N/A 0,010% $135,927,66 $135,927.66 Note (1) Total $135,927,72 $135,927.72 135,927.72 2005 Sewer System RCOP's Funds: Certificate Payment Fund: Blackrock Prov Tfund N/A 0.010% $0.13 $0.13 Note (1) Interest Fund: Blackrock Prav Tfund N/A 0,010% $0.00 $0.00 Note (1) Delivery Cost Fund: Blackrock Prav Tfund N/A 0.010% $0.00 $0.00 Note (1) $0.13 $0.13 0.13 2005 Sewer System Revenue Bond Funds: Exchange Bank Money Mkt A N/A 0.150% $2,682,008.51 $2,682,008.51 Note (2) 2,682,008.51 TOTAL ROHNERT PARK FINANCING AUTHORITY CASH $2,817,936.40 Investment Yield for February 2012 0.143% INVESTMENT POLICY & SUFFICIENT FUNDS DISCLOSURES The investments above are in compliance with the investment policy of the City of Rohnert Park as outlined in the City of Rohnert Park City Council Resolution #2006-105, adopted on April 25, 2006, The Authority currently' has sufficient idle funds to meet it's expenditure requirements for the next six months. Note(1) The source of valuation for this investment is the February 29, 2012 Union Bank Trust Statements, Howe\ the Par Value and Market Value are typically the same as interest is credited and paid monthly. Note(2) The source of valuation for this investment is the February 29, 2012 Exchange Bank Statement. However, the Par Value and Market Value are typically the same as interest is credited and paid monthly. CASH REPORT Executive Director Gabriel Gonzalez City/Commission Attorney Housing Capital Projects Low & Moderate Income Housing Housing Fund (2007H TABs) Debt Service Fund (2007H TABs) (10,805.97) 1,345,606.72 13,707,771.93 0.54 $15,042,573.22 CASH DISTRIBUTION AS OF FEBRUARY 29,2012 Checking Accounts: Exchange Bank Checking Account Interest Rate' 0.05% $ 1,334,800.75 Investment Accounts: Investment Institution Investment Type Maturity Interest Date Rate Par Value Market Value Source of Valuation 0.00 0.00 0.00 CASH HELD BY FISCAL AGENTS: Investment Investment Institution Type Maturity Interest Date Rate Par Value Market Value 0,00 0,00 0.00 2007H TAB'S Union Bank-Trustee 2007H Redevelopment Project Fund (Housing) Tax Allocation Bonds: Blackrock Prav Tfund Treas, Note N/A 0,010% 9,014,948,79 9,014,948,79 Note (2) Royal Bank/Canada G.I.C, N/A 4,913% 4,692,823,14 4,692,823,14 2007H Tax Allocation Bonds Special Fund: Blackrock Prov Tfund Treas, Note N/A 0,010% 0,54 0,54 Note (2) 2007H Tax Allocation Bonds Interest Fund: Blackrock Prov Tfund Treas, Note N/A 0,010% 0.00 0,00 Note (2) 2007H Tax Allocation Bonds Cost Of Issuance Fund: 0.00 Blackrock Prov Tfund Treas, Note N/A 0,010% 0,00 0,00 Note (2) 13,707,772.47 13,707,772.47 13,707,772.47 TOTAL COMMUNITY DEVELOPMENT COMMISSION CASH $15,042,573.22 Investment Yield forFebruary 29,2012 1.539% INVESTMENT POLICY & SUFFICIENT FUNDS DISCLOSURES The investments above are in compliance with the investment policy of the Community Development Commission of the City of Rohnert Park as outlined in the City of Rohner! Park City Council Resolution #2006-105, adopted on April 25, 2006. The Commission currently has sufficient idle funds to meet it's expenditure requirements for the next six months. Note (1) The source of valuation for these investments is their respective monthly statements, The Par Value and Market Value for these investments are typically the same as interest is paid or wired monthly. Note(2) The source of valuation for this investment is the February 29, 2012 Union Bank Trust Statements, COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK IMPROVEMENT PROJECT FUND FISCAL YEAR 2011/2012 Summary of Revenue and Expenditures FEBRUARY 29,2012 ACTIVE COMMUNITY DEVELOPMENT COMMISSION PROJECTS: Project No. and Description Balance @ 30.Jun.11 Balance @ 29.Feb.12 2010-13 SW Blvd Affordable Housing 2011-05 Avram Av/SW Blvd Affordable Hsg Stu (119,020.21) 0,00 (119,020.21) 0,00 0.00 11,631,34 ($107,388.87) Current Fiscal Year Revenue Expenditures 128,020.55 2,156.79 130,177.34 $14,012.20 $7,950,90 21,963,10 Due to other Funds-Project Management Reimb, Accounts Receivable Accounts Payable Totals (34,300.00) (34,300,00) (11,631.34) PROjECTS SINCE INCEPTION OF COMMUNITY DEVELOPMENT COMMISSION: Project No. and Description: Current Mo. Expenditures 2010-13 SW Blvd Affordable Housing 2011-05 Avram Av/SW Blvd Affordable Hsg Stu Totals $5,011.86 $2,172,60 $7,184.46 Fiscal Year Expenditures 14,012.20 7,950,90 $21,963,10 Expenditures Total 133,032.41 7,950,90 $140,983,31 (5,011,86) (5,794,11 ) (10,805.97) 0,00 0,00 0,00 ($10,805.97) Total Projected Expenditures 150,000 42,000 $192,000 CASH REPORT Executive Director Gabriel Gonzalez City/gency Attorney Capital Improvement Projects Property Tax Increment Interest From Bond Proceeds Interest From Increment Other Cash(Non-Bond) Debt Service Special Fund (2001 TARBs) Redevelopment Fund (1999 TABs) Debt Service Reserve Fund (1999 TABs) Redevelopment Fund (2007R TABs) Debt Service Fund (2007R TABs) ($3,344.04) 3,644,988.92 53,486.71 574,873.03 421.75 1,207,265.80 627,398.68 1,751,616.14 5,699,323.29 0.65 $13,556,030.93 Note(2) The source of valuation for this investment is the February 29.2012 Union Bank Trust Statements, REDEVELOPMENT SUCCESSOR AGENCY OF THE CITY OF ROHNERT PARK IMPROVEMENT PROJECT FUND FISCAL YEAR 2011/2012 Summary of Revenue and Expenditures FEBRUARY 29,2012 REDEVELOPMENT SUCCESSOR AGENCY PROJECT BALANCES: Balance @ Current Fiscal Year Balance @ Project No. and Description 30-Jun-11 Revenue Expenditures 29-Feb-12 2004-30 R.P.Community Ctr ADA Survey 0,00 0,00 $0,00 0.00 2006-02 City Center Plaza Development 317,00 (317,00) $0.00 0,00 2007-16 Corridor Improvements 0,00 0.00 $0.00 0,00 2010-02 2010 Decommissioning A Pool 0,00 0.00 $0,00 0,00 2010-03 2010 Decommissioning L Pool 0.00 0.00 $0,00 0,00 2010-04 2010 Purchase Rdwd Dr Parcels 0,00 0.00 $0,00 0.00 2010-10 Community Center Fountain (47,502,59) 46,391,05 $0.00 (1,111,54) 2010-14 PAC, Sports & Com Ctr Retrofit (16,390.58) 17,989,73 $2,045,65 (446.50) 2011-01 Rec & Com Facility Improv.-Feasibility (8,260,26) 53,417,78 $46,943,52 (1,786.00) (71,836.43) 117,481,56 48,989.17 (3,344,04) Due to other Funds-Project Management Reimb, 0,00 0.00 Accounts Receivable 0,00 (34,300.00) (34,300.00) 0,00 Accounts Payable 11,631,34 (11,631,34) 0,00 Totals ($60,205,09) ($3,344,04) ACTIVE PROJECTS OF THE REDEVELOPMENT SUCCESSOR AGENCY: Total Current Mo. Fiscal Year Expenditures Projected Project No. and Description: Expenditures Expenditures Total Expenditures 2007-16 Corridor Improvements 0.00 0,00 129,534,17 3,000,000 2010-02 Alicia Pool Decommissioning $0,00 0,00 21,046.64 18,000 2010-03 Ladybug Pool Decommissioning $0.00 0.00 18,000.00 18,000 2010-04 Purchase Redwood Dr Parcels $0,00 0,00 274,962.50 300,000 2010-10 Community Center Fountain $0.00 0.00 47,502.59 49,000 2010-14 PAC, Sports & Com Ctr Retrofit $0,00 2,045.65 12,676,37 15,000 2011-01 Rec & Com Facility Improv,-Feasibility $0;00 46,943,52 49,332,30 35,000 Totals $0,00 $48,989.17 $553,054,57 $3,000,000 Meeting Date: Department: Submitted By: Prepared By: Agenda Title: ITEM NO. 6.C.1 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 March 27,2012 Development Services Marilyn Ponton, Building and Planning Manager Norman Weisbrod, Technical Advisor Approval of Findings Making a Determination of Public Convenience and Necessity for Redwood Drive Shell Convenience Store Located at 5085 Redwood Drive RECOMMENDED ACTION: Consideration of a Resolution Approving Letter of Public Convenience and Necessity BACKGROUND: This property at 5085 Redwood Drive is developed with the former Tesoro self-serve gas station with a drive-thru carwash, a convenience store including a proposed Subway store within the convenience store. The uses on the property closed 18 months ago. Redwood Drive Shell submitted a Conditional Use Permit (PL2011-035UP) for reuse of the property. The Conditional Use Permit was approved by the Planning Commission on January 12,2012. The former operator of the convenience store sold beer and wine. When the facility was closed for more than 180 days, the approval to sell beer and wine lapsed. Shell is requesting a Finding of Public Convenience and Necessity (PCN) to allow for the sale of beer and wine from the convenience store. Beer and wine would be located in a small section of a long set of cooler doors housing perishable items including milk, soft drinks, condiments, vegetables, fruits, sandwich meat and related items. Beer and wine would equal 10% to 15% of total gross sales from the convenience store. There would be no signs on the exterior of the convenience store building indicating the sale of beer and wine. Redwood Drive Shell states that the convenience store employees receive training in the sale of alcoholic beverages. ANALYSIS: State law provides for the denial of such a license if issuance of that license would tend to create a law enforcement problem. or if issuance would result in or add to an undue concentration of licenses. Business and Profession Code Section 23958.4 defines "undue concentration" of licenses in a given area and establishes procedures for determining where license issuance would meet public convenience and necessity. 1 ITEM NO. 6.C.1 Requirement Factors: Undue concentration means: 1) ratio of on-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of on-sale retail licenses to population in the county in which the applicant premises are located (Attachment 1- Supporting Statement) and/or 2) the premises is found to be located in a crime reporting district which has a 20% greater number of reported crimes than other reporting districts within that particular law enforcement jurisdiction. Factor for Letter of Public Convenience and Necessity: Redwood Drive Shell is located in Census Tract 1512.01 with apopulation of6,106. The number oflicenses allowed is ten (10) and the number of existing licenses is sixteen (16) which is an undue concentration therefore triggering Requirement Factor 1 as noted above. Notwithstanding Section 23958.4, the Department of ABC MAY issue a license as follows: If the local governing body, i.e. City Councilor County Board of Supervisors, of the area in which the applicant premises are located, determines public convenience or necessity would be served by the issuance. The following outlines the criteria used in determining how the public . convenience and/or necessity could be served by issuance of the license: · The type of patrons that will be catered to (families, tourist, specific ethnic groups, students, evening entertainment crowd etc.); The patrons of the store will be primarily customers who buy gas and use the store to purchase convenience store items including alcoholic beverages. . The type of environment/atmosphere offered; The Redwood Drive Shell station offers gas, a free car wash and a variety of convenience store items including snack food, candy, limited dairy products and beer and wine. . How the establishment would differ from those in the immediate area that are currently licensed by ABC; The majority of businesses selling alcoholic beverages in the surrounding area consist of restaurants offering alcoholic beverages with food. The alcoholic beverages must be consumed on the premises. . Determination that the establishment would not have a negative impact on the surrounding community. It is estimated by Redwood Drive Shell that that beer and wine sales would account for only 10% to 15% of gross sales of the convenience store. The previously operator of the gas station and convenience store sold alcoholic beverages with no known negative impact on the surrounding community. Planning and Public Safety staffhas reviewed the proposal and, based on the facts presented, has no objection to the requested license. Redwood Drive Shell shall apply to the Department of Public Safety for an alcohol sales use permit in accordance with Municipal Code Chapter 8.34 and maintain yearly permits at all times alcohol will be sold. 2 ITEM NO. 6.C.1 OPTIONS CONSIDERED: The only option available to Redwood Drive Shell is to not offer beer and wine for sale in the convenience store. FISCAL IMPACT/FUNDING SOURCE: . The potential fiscal impact to the City is any enforcement actions resulting from the sale of beer and wine in the convenience store. The sales tax revenue to the City from the sale of beer and wine will help off-set the cost of enforcement actions. Department Head Approval Date: City Manager Approval Date: City Attorney Approval Date: Attachments (list in packet assembly order): 1. Supporting Statement 2. Resolution of the City Council of the City of Rohnert Park Making a Determination of Public Convenience and Necessity for Redwood Drive Shell located at 5085 Redwood Drive. 3 APPLICATION FOR FINDING OF PUBLIC CONVENIENCE OR NECESSITY - PROJECT LOCATION: 5085 REDWOOD DRIVE IN ROHNERT PARK The Redwood Drive Shell located at 5085 Redwood Drive, Robnert Park, seeks a finding of Public Convenience or Necessity (PCN) in order to make available beer and wine in a convenience store located on-site. This PCN is for an existing service station, with a carwash and food-mart. The previous ownership group had a PCN that expired along with a Conditional Use Permit (CUP) when the site closed and remained closed for more than 180 days. AU Energy, LLCIWest Coast Convenience, LLC, applied for and received a Conditional Use Permit (CUP) from the Rohnert Park Planning Commission on January 12,2012. The PCN is to allow for the sale of beer and wine from a small section of a long set of cooler doors housing, in addition to beer and wine, perishable items that need refrigeration, including milk, soft drinks, condiments, and food items including vegetables, fruits, sandwich meats and related products. Alcohol sales will account for a very small amount of gross sales, estimated to be inthe 10% to 15% range from the convenience store total gross sales. Offering the ability to purchase beer and wine, along with other convenience items, provides customers with a one-stop shopping environment and eliminates a need for consumers to make a separate stop for beer and wine. Shell has an excellent public record in the North Bay and would adhere to the highest standards with respect to the sale of beer and wine for offsite consumption. As in other local locations and nationally as well, Shell employees receive specialized training to properly work with and sell alcoholic beverages. Shell takes such a privilege very seriously and looks forward to working with city staff, including the Public Safety Department, to assure only the highest standards of care and conduct. While we are aware of no problems with the prior operators who had the ability to sell beer and wine for off site consumption, nevertheless we intend to perform flawlessly and take great pride in the safe and proper sale of alcoholic beverages. FROM :ABC SANTA ROSA ~) FAX NO. :7075279537 ....-y9. 25 2011 01:51PM P2 AUG/25/201l/THU 13:42 ABC CONSULTING FAX NG, 9516996869-' . P.002 ... M ~IWI ...n....,) ....l.J 1.1 n Co.:) '=I. ... I." ~ ~ " 5016 .'~ PYj ~neh:tf~>LlA L19ENS51'YPE:- ,p-o _- ~ &i11L ,.--- 949;;J.f' ($[; w~lI~ /M;) 1. CRlME AgPOR"lN~ DlSTRl~T / . . ..Jucisdlctlon l.mable to pJ'ovlde statistical dab\. Reporting District; , Total number of reporting districts:", Teta.l number of offenses:, Average number of offenses per district 1200/~ of average number of offansas: Total offenses In district: ' l.oeatlor:1-1s-within-a..~b..cr.ime...repOr.l\llg-dl~tr:lct-Y.es..LNo .... 2. CENSUS TRACT / UNDUE CONCENTRATION Census Traet:...... . 15l? OJ P,OPuistlon: bJ L~() IL> I C9Unty Ratio; jO Number of lioensBs allowed: Number of existing Ucensas: . /h Undue conoentratlon exists; @ .NO Latter of public convenience or necBsslty reqUired~mlng B~~W ~PPlicant. Thr~ time publication. reqUired~ No .. ~, ( ~;tf . Pe~on Taking Appllcatlon i AB~';24S (7-Sa) "<T."", mtts+ -fl ~d' . 1/ C eVl.5e.--!o-lra:Vlsfkr. . - In.. .- Investfgator SupQlVlsor G~', California ABC - License Query System - Data portal Page 1 on California Department of Alcoholic Beverage Control For the County of SONOMA - (Off-Sale Licenses) and Census Tract = 1512.01 Report as of 3/9/2012 Ucense I Status I UcenSE Orig.ls$. Explr Primary Owner Business Mailing ~ and Premises Numbe Type Date Date Addr. . Name Address Cod 1) ?47977 ACTIVE 20 8115/1990 13112012 PUNGPRAKEARTI. SILLADDA 90B SANGASILPA VALERO 8505 GRAVENSTEIN HWY COTATI, CA 94931 Census Tract: 1512..01 2) 385934 ';CTIVE 21 5/2112002 6/30/2012 COSTeO COSTCO 999 LAKE DR, 4907 WHOLESALE iNHOLESALE ATTN CORPORATION STORE 659 LICENSING 5901 REDWOOD ISSAQUAH. DR IwA 98027- ROHNERT PARK 8990 CA 94928 Census Tract 1512,01 3) 395900 I-\CTIVE 21 912/2003 8/3112012 SAVE MART FOOD MAXX PO BOX 4664 4907 SUPERMARKETS 468 MODESTO, CA 605 ROHNERT ~5352-4664 PARK EXPY W ROHNERT PARK, CA 94928-2021 Census Tract: 1512.01 14) 1421137 SUREND 20 2/412005 1/31/2013 tTARGET ARGET 1000 4907 CORPORATION ""852 NICOLLET 475 ROHNERT MALL, TPN- PARK EXPY W 0910 ATTN. ROHNERT PARK. CAROLE CA 94928-7907 HELMIN MINNEAPOLIS. Census Tract: MN 55403- 1512.01 ~542 5) ~1137 ACTIVE 21 2/4/2005 10/311201:.1 ARGET TARGET 1000 4907 ~ORPORATION T852 NICOLLET H5 ROHNERT MALL. TPN- PARK EXPY W ~910 ATTN ROHNERT PARK, CAROLE CA 94928-7907 HELMIN MINNEAPOLIS, Census Tract: MN 55403- I 1512.01 ~542 r11 II II II II IJ II )I lr--l http://www.abc.ca.gov/datportlAHCountyRep.asp 3/9/2012 California ABC - License Query System - Data Portal Page 2 of3 5) 424376 o.CTIVE 20 6/3/2005 5/31/2012 ~NDERSON, fA.NDERSON POBOX 1105 4900 :ATHRYN LOUISE OAKS PENNGROVE. 320 JAMBOREE iVlNEYARD CA 94951 DR PENNGROVE,CA ~4951 . !Census Tract: 1512.01 ; ) 433950 ~CTIVE 21 /28/2006 6/30/2012 DUSANJH. STEEL BEAR 1952 YELLOW 14903 KULBIR SINGH DELI ROSELN 15155 REDWOOD SANTA ROSA. : HWYN CA 95407 PETALUMA, CA 94954 Census Tract: 1512.01 8) 465657 ~CTIVE 20 7/8/2008 6/30/2012 jCPX ROHNERT IHAMPTON 100 E RIVER ~907 !GATEWAY OPAG' INN & CENTER LLC !SUITES BLVD. STE 6248 REDWOOD ROHNERT 1050 DR PARK COVINGTON. ROHNERT PARK. KY 41011-1548 !CA 94928-2019 Census Tract 1512.01 9)- 4F.I8404- IACIIlIE- -2D...-... ".120/2000_ ' !Z1.3.1L2.<l12...- JAMES r;.6~1I11 v L1AMES 14900 CELLARS LLC FAMilY j)861 GROVE ST ICELLARS IcOTATI, CA 194931-9708 Census Tract: 1512.01 10) 470452 ~CT1VE 21 12/9/2008 11/30/201:.: KHINDA. KARNAIL EASY STOP . 14907 lSlNGH MARKET 2 ~75 REDWOOD DR ROHNERT PARK, , ~A 94928-2325 . Census Tract: 1512.01 11 471405 ACTIVE 20 1/12/2009 6/30/2012 ICONVENIENCE CIRCLE K 76 7180 KOlL ~908 RETAILERS lLC 2705426 CENTER 8510 PKWY, STE I GRAVENSTEIN 100 HWY PLEASANTON. COTATI, CA CA 94566-3184 94931-4150 Census Tract I 1512.01 nr79~ rTI~ In~oao09 rmao121~~ . rHEVRON I 120 SHADY n . ENTERPRISES PAK CT INC iDANVILLE. CA .. 30.2 ROHNERT ~4560-6145 ' . . PARK EXPY W http://www.abc.ca;gov/datport/AHCountyRep.asp 3/912012 California ABC - License Query System ~ Data Portal Page 3 on UUUUUU ROHNERT PARK, UUU bA 94928-7936 bensus Tract: 1512.01 13 M4270 ~CTIVE 20 11/1012010 10/3112012 BAUR, TARUN PENNGROVE 14900 10:00:23 KUMAR MARKET ~M 10070 MAIN ST, IsTE B . PENNGROVE, CA 94951 . Census Tract: 1512.01 14 511053 ACTIVE 21 6/24/2011 ~/31/2012 VISHAL, KALRA D&D LIQUOR 4908 3:05:39 8492 lAND DELI PM ~RAVENSTEIN HWY UNIT H bOTATl, CA 94931 Census Tract: 1512.01 15 516664 ACTIVE 20 12/2312011 11130/201~ GALVAN, MARTIN MARTINS 10333 OLD 14900 11 :16:44 71BO . MARKET REDWOOD ~M GRAVENSTEIN ~ND DELI HVVY, STE 105 HWY, # A WINDSOR, CA COTATI, CA 95492-9565 94931-9733 Census Tract: 1512.01 - - - End of Report - - - For a definition of codes, view our glossarv. . http://www.abc.ca.gov/datport!AHCountyRep;asp 3/9/2012 RESOLUTION NO. 2012-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK MAKING A DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY FOR REDWOOD DRIVE SHELL STATION LOCATED AT 5085 REDWOOD DRIVE (045-85-062) WHEREAS, there is an undue concentration oflicenses in Census Tract1512.01 with a population of 6,106 and an allowable number of 10 licenses and the number of existing licenses is sixteen (16); and WHEREAS, Business and Professions Code Section 23958.4 provides that the Department of Alcoholic Beverage Control (ABC) may issue a license for off-sale alcohol beverage sales despite an undue concentration of licenses, if the local governing body determines within 90 days of notification of a completed application that the public convenience or necessity would be served by the issuance; and WHEREAS, the Redwood Drive Shell Station is undergoing a remodel of their gas station, convenience store, and sandwich store business at 5085 Redwood Drive, causing its closure for more than 18 months in Rohnert Park and the lapse of their beer and wine license; and WHEREAS, the remodeling of Redwood Drive Shell Station will include operating the existing convenience store and is seeking application to allow the sale of beer and wine that will account for 10% to 15% of gross sales ofthe convenience store; and NOW, THEREFORE, BE IT RESOLVED that the City Council ofth~ City of Rohnert Park, California, finds that granting of a Type 21 alcoholic beverage license to Redwood Drive Shell located at 5085 Redwood Drive (APN 045-85-062) serves a public convenience and necessity, for the following reasons: 1. The sales would account for a small portion (10% to 15%) of the gross sales, as it did under the prior operator. 2. The convenience store employees receive training in the sale of alcoholic beverages. 3. There would be no signs on the exterior of the convenience store building indicating the sale of beer and wine. 4. The patrons of the store will be primarily customers who buy gas and use the store to purchase convenience store items including alcoholic beverages. 5. The establishment would differ from those in the immediate area because the majority of businesses selling alcoholic beverages in the surrounding area consist of restaurants offering alcoholic beverages with food which must be consumed on the premises. BE IT FURTHER RESOLVED that the City's finding granting the alcoholic beverage license shall be subject to the following condition: 1. The applicant shall apply to the Department of Public Safety for an alcoholic sales use permit in accordance with Municipal Code Chapter 8.34 and maintain a yearly permit at all times alcohol will be sold. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 27th day of March, 2012. CITY OF ROHNERT PARK Mayor ATTEST: City Clerk ITEM NO. 6.C.2 Mission Statement "We Carefor Our Residents by Working Together to Build a Better Community for Today and Tomorrow. " CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: March 27, 2012 Department: Development Services Submitted By: Patrick Barnes, Deputy City Engineer Agenda Title: Approve and Adopt the Plans & Specifications for the Alta/Almond Sewer and Water Rehabilitation, Project No. 2011-07 and Award the Contract to Team Ghilotti, Inc. RECOMMENDED ACTION: 1. Approve and Adopt the Plans & Specifications for the Alta/ Almond Sewer and Water Rehabilitation 2. Accept the bids and consider awarding the contract for the Alta/Almond Sewer & Water Rehabilitation Project #2011-07 to Team Ghilotti, Inc. in the amount of$I,195,784.60. 3. Staff further recommends authorizing the City Manager to execute change orders up to 10% of the original contract amount. Bid Prices: .. The engineer's estimate for the project was approximately $1,750,000. This estimate was based upon actual costs of similar projects completed in the county within the last 2 years. A summary of the bids is received on the project is shown in the table below: Company Bid Amount Team Ghilotti, Inc. $1,195,784.60 Ranger Pipelines Incorporated $1,270,927.00 Mountain Cascade, Inc. $1,331,140.00 WR Forde Associates $1,476,106.00 Maggiora & Ghilotti, Inc. $1,588,885.00 ITEM NO. 6.C.2 BACKGROUND: Much of the water and sewer infrastructure in the project area is the original installation and has been in service for 50 years. Sewer lines are asbestos cement pipes. Water lines are a combination of cast iron pipes and asbestos cement pipes. The City sewer system is divided up into 28 separate sewer basins for flow monitoring. Alta Avenue, Southwest Boulevard and most of Almond Street are in Basin 5. A 2000 study of the City sewer systems found that Basin 5 had strong rain-dependent infiltration components and the RDII (Rain Dependent Inflow and Infiltration) in Basins 4 and 5 was the highest of all basins and nearly twice the average RDII. The study further noted that pipeline flows for Basin 5 had peaking factors that exceeded 3.0, which is commonly used as a design peaking factor. The flow depth to pipe diameter ratio for Basin 5 was about 3.5, indicating the pipeline is in a surcharged condition. A subsequent study in 2004 concluded that Basin 5 had the second highest R-value (percentage of rainfall that permeates into the sewer system) of any basin in the City. and nearly twice the value of the 5% standard for well-performing systems. A 2005 study looked at inflow and infiltration (I & I) problems on a more detailed level which included video (CCTV) of selected pipe interiors. The 2005 study focused on the greatest areas of I & 1. The study showed that a majority of manhole structures had evidence of infiltration. In addition, Basins 4 and 5 had the highest total CCTV observed defects with over 2.0 observations per 1,000 linear feet of pipe. Therefore, Basin 5 was ranked as a high priority for repair/rehabilitation. The City is currently replacing 200 water services per year, which is indicative of a system that needs maintenance. The water services in Almond Street and Alta Avenue need to be replaced and the water valves are nearing the end of their useful life. The water mains in Almond Street and Alta Avenue are undersized and do not meet current City Standards. There are two water main connections between Alta Avenue and Southwest Boulevard which cross private property. One has been abandoned; abandonment ofthe remaining crossing is recommended. ANAL YSIS and OPTIONS CONSIDERED: The City retained the services of Coastland Civil Engineering, Inc. (CCE) to provide a Rehabilitation Options Report. The report evaluated numerous alternatives, with preliminary costs ranging from $1.8 million to $2.3 million. Alternatives for the sewer system ranged from complete replacement to cured-in-place lining of the pipe. Water system alternatives ranged from complete replacement of the system to only replacement of water services, valves and fire hydrants. In addition, the City retained the services of Brelje & Race to provide design review and value engineering services. The option selected after careful analysis of the numerous alternatives was: 1. Replacement of 6" and 8" diameter sewer lines in Alta Avenue and Almond Street with 8" PVC mains. 2. Replace sewer "street" (lower) laterals to each residence and install cleanouts. 2 ITEM NO. 6.C.2 3. Repair the 10" diameter sewer on Southwest Boulevard and in Almond Street from Southwest Boulevard to Alta Avenue with a cured-in-place liner, since the pipe is in fair condition with minor joint separations. This avoids extensive demolition and replacement work in the landscaped median. 4. Replacement of manholes where the new mains are being constructed and rehabilitate the interior of the manholes on the 10" sewer. 5. Replacement of the water system in its entirety with 8" PVC mains. 6. Abandon the water main crossing private property. 7. Connect the water main at Burton A venue with the main at Southwest Boulevard near Almond Street. 8. Replace water services to each residence, including new meter boxes (existing meters will be reused since they are newer). 9. With the extensive amount of trenching on Alta Avenue and Almond Street, it is less costly to resurface the street with a 2" asphalt concrete overlay in lieu of the City's standard T-trench repair section. As there is only a water main trench along the south side of Southwest Boulevard, the standard T-trench repair section will be used along Southwest Boulevard. CCE prepared plans, specifications and a final cost estimate based upon the above scope, prepared the bid package, and administered the bidding process. This project is intended to rehabilitate existing utilities and while doing so, brings these utilities to current standards. 1. There is no expansion of existing water/sewer use, the project will only serve existing customers. 2. To the extent the lines are being increased, it is solely to meet minimum current standards, such as allowing for proper fire flow for existing residence. 3. The length of the line replacement is 2545 feet for water and 1,806 feet for sewer each less than a mile. Therefore, the Project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the following authorities: 1. Section 15301 of Title 14 of the California Code of Regulations, for the operation, repair, maintenance, permitting, leasing, licensing or minor alterations to existing public or private structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination, including publicly-owned utilities used to provide sewerage or other public utility services; 2. Section 15302(c) for replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity because the activity involves replacement of sewer lines and laterals and repair of sewer lines others with a liner and replacement of the water system such that it will have substantially the same purpose and capacity as the structures replaced; 3 ITEM NO. 6.C.2 3. Section 15282(K) for the installation of new pipeline or maintenance, repair, restoration, removal, or demolition of existing pipeline as set forth in 21081.21 of the Public Resources Code, and 4. Section 15061, subdivision (b )(3), because CEQA applies only to projects which have the potential for causing a significant effect on the environment and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. It FISCAL IMP ACT/FUNDING SOURCE: The funding source for this project is Sewer Utility Fund, the 2005 Sewer COP, Water Utility- Capital Projects Fund, the Water Utility Fund and the 2005 Water Revenue Bond. The bid is well below engineer's estimate. This is due to the bid timing (early in the season and the very competitive market.) Department Head Approval Date: City Manager Approval Date: 3/12/12 City Attorney Approval Date: 3/9/12 Attachments (list in packet assembly order): 1. Resolution 2. Draft Contract 4 RESOLUTION NO. 2012 - 32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AND ADOPTING THE PLANS & SPECIFICATIONS FOR THE ALTAlALMOND SEWER AND WATER REHABILITATION, CITY PROJECT NO. 2011-07 AND AWARDING THE CONTRACT TO TEAM GHILOTTI, INC. WHEREAS, the plans and specifications for the Alta/Almond Sewer and Water Rehabilitation Project were designed by Coastland Civil Engineering, Inc, and approved by the Deputy City Engineer; and WHEREAS, the Project was advertised for bids and bids were opened on March 5, 2012; and WHEREAS, five bids were received ranging in price from $1,195,784 to $1,588,885; and WHEREAS, Coastland Civil Engineering, Inc., reviewed all bids for responsiveness; and WHEREAS, Coastland Civil Engineering, Inc., determined that Team Ghilotti, Inc., submitted the lowest cost bid and is the lowest responsive and responsible bidder; and WHEREAS, the Project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the following authorities: 1) Section 15301 of Title 14 of the California Code of Regulations, for the operation, repair, maintenance, permitting, leasing, licensing or minor alterations to existing public or private structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination, including publicly-owned utilities used to provide sewerage or other public utility services; 2) Section 15302( c) for replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity because the activity involves replacement of sewer lines and laterals and repair of sewer lines others with a liner and replacement of the water system such that it will have substantially the same purpose and capacity as the structures replaced; 3) Section 1 5282(K) for the installation of new pipeline or maintenance, repair, restoration, removal, or demolition of existing pipeline as set forth in 21081.21 of the Public Resources Code, and 4) Section 15061, subdivision (b )(3), because CEQA applies only to projects which have the potential for causing a significant effect on the environment and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject toCEQA." NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park as follows: 1. The above recitals are true and correct and are hereby incorporated into this Resolution as findings of the City Council of the City of Rohnert Park. 2. In making its findings the City Council relied upon and hereby incorporates by reference all of the bid materials, correspondence, staff reports and all other related materials. 3. The plans and specifications for the Aha/Almond Sewer and Water Rehabilitation Project are hereby approved and adopted. 4. The Project is categorically exempt from CEQA in accordance with the CEQA guidelines as cited in this resolution. 5. In accordance with California Public Contract Code Section 20160 and fC?llowing and other applicable laws, the City Council of the City of Rohnert Park hereby finds the bid of Team Ghilotti, Inc. for the Aha/Almond Sewer and Water Rehabilitation Project to be the lowest, responsive bid and waives any irregularities in such bid in accordance with applicable law. 6. The City Manager is hereby authorized and directed to execute the contract with Team Ghilotti, Inc. for the amount of One Million One Hundred Ninety-five Thousand Seven Hundred Eighty-four dollars and sixty cents ($1,195,784.60) for construction of the Project in accordance with the bid documents and applicable law upon submission by Team Ghilotti, Inc. of all documents required pursuant to the Project bid documents. 7. The City Manager is hereby authorized and directed to execute this contract in substantially similar form to the attached contract for and on behalf of the City of Rohnert Park; and is also authorized to approve cumulative contract change orders up to fifteen percent (15%) of the value of the original contract. 8. City staff is hereby directed to issue a Notice of Award to Team Ghilotti for this project. 9. This Resolution shall become effective immediately. 10. All portions of this resolution are severable. Should any individual component of this Resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining resolution portions shall be and continue in full force and effect, except as to those resolution portions that have been adjudged invalid. The City Council of the City of Rohnert Park hereby declares that it would have adopted this Resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more section subsection, clause sentence, phrase or other portion may be held invalid or unconstitutional. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 27th day of March, 2012. CITY OF ROHNERT PARK Mayor ATTEST: City Clerk CONTRACT ALTAlALMOND SEWER & WATER REHABILITATION PROJECT NO. 2011-07 THIS AGREEMENT, made and entered into this _ day of ,20-, by and between TEAM GHILOTTI, INC., hereinafter called "Contractor", and the City of Rohnert Park, hereinafter called "City". In within such City liquidated for each and eve Additional provisions. the specifications, which WHEREAS, the City Council of said C performing the work hereinafter mentioned i Contractor. contract to Contractor for sealed proposal of said 1 the work and fu sh all the labor, quired to complete all of the work arly described in the Resolution s and quantities of which are he office of the City Clerk, Dama es: The Contractor shall begin work the City Engineer to proceed with the work within one hundred seventy-five (175) complete the work within the time limit so specified or . ty Cou shall have authorized, the Contractor shall pay to the unt of Two thousand five hundred dollars ($2,500.00) per day finishing the work beyond the completion date so specified. said time of completion and liquidated damages are set forth in s are hereby referred to and incorporated herein by reference. 3. Payments: Payments will be made by City to the Contractor for said work performed at the times and in the manner provided in the specifications and at the unit prices stated in Contractor's bid. The award of the contract is for a total amount of one million one hundred and ninety-five thousand seven hundred and eighty four dollars and sixty cents ($1,195,784.60). 4. Component Parts: This contract shall consist of the following documents, each of 1 which is on file in the office of the City Clerk and all of which are incorporated herein and made a part hereof by reference thereto: a) This Agreement b) Notice Inviting Sealed Proposals c) Instruction and Information to Bidders d) Accepted Proposal e) Faithful Performance Bond t) Labor and Material Bond g) Special Provisions h) Standard Specifications i) Design Standards j) Plans, Profiles and Detailed Dra Notice is he California that the C certified payroll records the Labor Code of the State of require this Section of the Labor Code of the section may be enforced. Dolla subcon more than violation of 1810) of the Lao orfeit, as penalty to said City, Twenty-five ploye execution of the contract by him or by any . g which any workman is required or permitted to labor r day and forty (40) hours in anyone calendar week, in de 3, pter 1, Part 7, Division 2 (commencing with Section of California. 7. A ren cordance with the provisions of Section 1777.5 of the Labor Code, and in accordance e rules and procedures of the California Apprenticeship Council, properly indentured appren s shall be employed in the prosecution of the work. The ratio of apprentices to journeymen who shall be employed inthe respective crafts or trades may be the ratio stipulated in the apprenticeship standards under which the appropriate joint apprenticeship committee operates. In no event shall the ratio be less than one apprentice for each five journeymen unless a certificate of exemption has been issued by the Division of Apprenticeship Standards. Willful failure by the Contractor to comply with said Section 1777.5 shall result in his being denied the right to bid on a public wo*s contract for a period of six months from the date the determination is made. 2 Information relative to number of apprentices, identifications, wages, hours of employment and standards of working conditions shall be obtained from the Director of the Department of Industrial Relations, who is the Administrative Officer of the California Apprenticeship Council. 8. Labor Discrimination: Attention is directed to Section 1735 of the Labor Code, which reads as follows: "A contractor shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and. 26.1 of the Government Code, except as otherwise provided in Section 12940 e Government Code. Every contractor for public works who violates this is subject to all the penalties imposed for a violation of this chapter. " 9. Workmen's Com ensation Insuran 5, Chapter 1, Part 7, Division 2 (commencing (commencing with Section 3700) of the Lab required to secure the payment of compensation t and keep in effect adequate W orkme ' Compensatio the provisions of Article ter 4, Part 1, Division 4 ia, the Contractor is at purpose obtain f Section 3700 of the Labor Code workmen's compensation or to e, and will comply with such act. ed by 1a , Contractor shall indemnify, hold officials, employees, agents, volunteers, and ims, demands, damages, disability, losses, d other defense costs and liabilities of any on or en cluding Contractor, in whole or in part, arising including the activities of other persons employed or ors hired by the Contractor in the performance of this ue to t ctive negligence of the City. This indemnification ay by any limitation on the amount or type of damages or ontractor under Worker's Compensation, disability or other applicability or limitations of any insurance held or provided by md the parties after termination/completion of this Agreement. 11. Attorneys Fees: In the event either party hereto shall commence any legal action or procedure, including an action for declaratory relief, against the other, by reason of the alleged failure of the other to perform or keep any term, covenant, or condition of this contract by it to be performed or kept, the party prevailing in said action or proceeding shall be entitled to recover, in addition to its court costs, a reasonable attorneys fee to be fixed by the court, and such recovery shall include court costs and attorneys fees on appeal, if any. 3 12. Substitution of Securities for Withheld Amounts: Pursuant to California Public Contracts Code Section 22300, securities may be substituted for any moneys withheld by a public agency to ensure performance under a contract. At the request and sole expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the public agency, or with a state or federally chartered bank as the escrow agent, who shall pay such moneys to the Contractor upon satisfactory completion of the contract. Securities eligible for substitution under this section shall include those listed in the California Public Contracts Code Section 22300 or bank or savings and loan certificates of deposit. City Manager Per Resolution No, 2012- City Council at its meeting of substituted for moneys The Contractor shall be the beneficial withheld and shall receive any interest thereon. Any escrow agreement entered into purs following provisions: a. b. The terms and Contractor; and c. as caused these presents to be r has subscribed same, all on the TEAM GHILOTTI, INe. Name/Title Date ATTEST: APPROVED AS TO FORM: City Clerk City Attorney . 4 ITEM NO, 6,C.3 iHission Statement "lYe Care fln' Our Residents by Working Together to Build fI Better Co mill un ity fin' Today find Tomorrow. '.' CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: Department: March 27, 2012 Submitted By: Agenda Title: Development Services Darrin ] enkins, Director of Development Services / City Engineer Consideration of Resolution Authorizing Execution of a Second Amended and Restated Deferred Payment Plan Agreement for Sewer Capacity Charges for Seasons Pizzeria Sports Bar and Grill RECOMMENDED ACTION: Approve attached resolution authorizing and approving a Second Amended and Restated Deferred Payment Plan Agreement for the deferred paymentof sewer capacity charges for Seasons Pizzeria Sports Bar and Grill (563 Rohnert Park Expressway West). BACKGROUND: In 2010, the City entered into an agreement whereby the creator of Seasons Pizzeria received a loan of the cost of a portion of the Sewer Capacity Charges relating to development of the restaurant. In20]], the City amended the agreement (see attached staff report). The loan was based on a predicted future sewer use, Predicting future seyver use is difficult as different restaurants result in widely varying flows on a per seat or per square foot basis, ANAL YSIS: Now, a little more than one year after the restaurant opened, the City has reviewed the restaurant's actual indoor water use to determine its actual use of sewer capacity. The restaurant's average use of sewer capacity has ranged from 477 to 625 gallons per day with an average of 563 gallons per day, compared to the loan amount of 1,600 gallons per day, Because of the lower usage, staff recommends amending the loan to be for 800 gallons per day. This will allow for some continued growth of the business without exceeding its share of capacity, Staff believes that a very cost effective and efficient economic development strategy is to keep the City's existing businesses open and thriving. Reconfiguring the loan amount to be more equitable will further the City's economic development goals and is the equitable thing to do, OPTIONS CONSIDERED: Staff considered making no change to the loan but rejected that idea because this is a unique situation where the capacity has been loaned and thus provides the opportunity to make the loan more equitable for the business owner. 1 ITEM NO. 6.C.3 FISCAL IMPACT/FUNDING SOURCE: There is no real fiscal impact to the City for modifying the loan terms, The reduced capacity will be available for other businesses who will pay the equivalent Sewer Capacity Charges when they develop. City Manager Approval Date: City Attorney Approval Date: 3/20/12 3/16/12 Attachments (l;S( in packet assembly order): 1. 2011 Staff Report 2. Resolution No, 2012-33 3, Second Amended and Restated Deferred Payment Plan Agreement 4. Exhibit 1 to Second Amended Agreement (Promissory Note) 2 ATTACHMENT TO 3/27/12 Agenda Packet Preparation ~~ME~ AGENDA REPORT held on the 21 & 4 j · Resolutions (other than standard formats for aUlnO!'lZaUons ana approvalS), urGmances (' Agreements to Assistant City Attorney via email for review and approval as to tom1 DUE no later than NOON Three (3) Mondays prior to Council meeting date . Agenda items to City Manager via email for his review and responding ..email authorization", synclu.onized with above timefi.ame of Assistant City Attorney review, and an email copy to the City Clerk fllJ' drafting agendas · Agenda Items with attachments via email and a total of twenty (20) complete hard copy sets with 2 sets single-sided & 18 sets uouble-sided/stapled to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting date · Agenda Draft review by Mayor, City Manager, Assistant City Anorney, City Clerk no later than Tuesday moming One (1) week prior to Council meeting date · Agenua Packets distributed to City Council anu Agendas posted/distributed/mailed on Thursday aftemoon One (1) week prior to Council meeting date in compliance with Rohnert Park Municinal Coue Section 2,08,020 and related Resolution No. 2008-173 : This seclion(or Cily Clerk Use On/v} 5/24/11 City Council Agenda Item No. 11 for Resolution No. 2011-43 CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: May 24,20] I Department: Development Services Submitted By: Darrin Jenkins, Development Services Director Submittal Date: May 9, 2011 Agenda Title: Consideration of Resolution Authorizing Execution of an Amended and Restated Deferred Payment Plan Agreement for Sewer Capacity Charges for Seasons Pizzeria Sports Bar and Grill Requested Council Action: Approve attached I'esolution authorizing and approving an Amended and Restated Deferred Payment Plan Agreement for the deferred payment of sewel' capacity charges for Seasons Pizzeria Sports Bar and Grill (563 Rohnert Park Expressway West). BACKGROUND Rohnert Park collects sewer capacity charges from new development to ensure they pay their fair share of expanding the sewer treatment and disposal system. Because of environmental, regulatory, public policy, and other considerations, sewage treatment and disposal are quite expensive in Sonoma County. As a result, sewer capacity charges can be very costly for new sewer intensive businesses, particularly restaurants. Rohnert Park collects fees and charges prior to issuance of building permits. This means the outlay of substantial capital months before a business is opened and generating revenue. In the current economic climate, where access to capital for small businesses is either non-existent or extremely expensive, sewer capacity charges can be an insunnountable hurdle for high sewer use businesses such as restaurants. At the September 28,2010, City Council meeting, Mr. Glenn Cybulski asked for assistance regarding sewer capacity charges for his new business Seasons Pizzeria Sports Bar and Grill at 563 Rohnert Park Expressway. Council members asked the City Manager to look into the request from Mr. Cybulski. Page 101'4 At the October 12,2010, City Council meeting, Council approved Resolution 2010-120 authorizing the City Manager to enter into a payment plan agreement for the Seasons Pizzeria. An agreement was executed by the City and Seasons on October 19,2010. Seasons Pizzeria is now open at 563 Rohnert Park Expressway'West. Mr. Cybulski, Managing Partner of Seasons Pizzeria has asked for modifications to the agreement. RESTAURANTS AND THE CITY'S ECONOMIC VITALITY General Backl:!:round A significant part of the economy of Sonoma County is tourism, and much of this tourism' industry is based on the attraction of food and wine. The cities in the County that seem to prosper most from the "visitor industry" are often those with the reputation for having the finest restaurants, with Healdsburg, Sonoma, and Petaluma, among others, doing well in this regard, Not all of the County's visitors can afford, nor do they choose, the higher-end restaurants. Corporately-owned restaurants, smaller family-size restaurants, and fast-food places offer a great variety of food and cost choice and each have their own appeal to a certain portion of the population, Of course, tourists are only a percentage of those who go out for restaurant dining; one of the remarkable statistics of Sonoma County is the high percentage of residents who eat out. One can speculate that this is because of working people and parents, who often have high demands on their time, because of the great variety and price choices of our restaurants, or perhaps because they want to pm1icipate in the food tradition of the County. When City representatives were working with representatives from the Sonoma County Tourism Bureau, and we were discussing ways to increase the occupancy of our two most tourism related hotels, it was lamented how few upper-end restaurants there are in Rolmert Park that match the income level/desires of the guests of these facilities. The restaurant sector in the City is also "scattered" rather than concentrated. Many of our restaurants in the City, perhaps primarily because of the prolonged recession, are not doing the business they desire, and some are stmggling to stay alive. Some of this may be because we haven't quite discovered our "niche" in the "food and wine" tradition of the County. Whatever the reasons, we seem to have a sufficient number of fast food, smaller and family-owned and usually ethnic restaurants (some excellent, by the way), and corporate restaurants. In this respect, it has been said that we have not developed the "critical mass" that acts as an attractor, as other cities have done. What we don't seem to have is a sufficient number of the upper-middle or upper-end restaurants which help to define a City's reputation for dining as a food experience attractor. This could change over time with a recovering economy, if and when another higher-end hotel comes in, or by more higher-income people moving into the City as a result of more higher-paying jobs being created. One of the key concepts in this new "economic development" is "locally owned," with local owners being a real and peimanent and committed part of the community. While corporately- owned restaurants are also welcome, many of their suppliers come from outside of the county, and therefore the impact on the local spending is reduced. If local owners make a commitment Page 2 of 4 to local meat and produce, and to using the "bounty of the County" using local suppliers, then this increases the impact of spending by both our local residents and of our visitors on the County economy, Many of our restaurants, particularly on the west side, are corporately-owned and have established menus based on what has been successful in other parts of their corporate area, and usually give little or no discretion in choosing locally, Sales tax is the City's largest revenue source. Of the City's 25 top sales tax producers, 2 of them are restaurants. On the other side of the equation restaurants are high water users (drinking, cooking, cleaning, toilets) and dischargers into the City's sewer system, Of course these utility costs are covered by their utility bills. As we move into the future an increasing percentage of our residents and visitors will be concerned with health, vitality, longevity, and the avoidance of chronic diseases, They will be seeking out healthier choices and those restaurants which cater to their needs should find like- minded customers (ok, hamburgers, French fries, and soft drinks are probably here to stay). The Particular Case - Seasons Pizzeria's request and our reSDonse With the above as background, how does all this fit into our current situation regarding the Seasons Pizzeria Sports Bar and Grill? A person could convincingly argue that one more pizza joint in town is not going to make that much difference, The difference may lie with the concept. First, as far as Rohnert Park is concerned, it is a unique concept, one that doesn't exist in the community. Secondly, the location could be fortuitous as it would be adjacent to one of the major people attractors in the community, the Reading Cinema, Thirdly, Mr. Cybulski's pizza making training, skills, and reputation seem to be at a very high level. Fourthly, M1'. Cybulski seems to be committed to purchasing fresh local produce and to using local suppliers, and to good nutrition principles. Lastly, his enthusiasm for the task is contagious, and his high level of commitment to this effort clearly comes through in discussion with him, The original agreement provided for 113 seats and the corresponding sewer flow, The actual restaurant has 80 seats and therefore would have a correspondingly lower sewer flow and thus a lower sewer capacity charge, In addition, Mr. Cybulski requested monthly payments rather than bi-monthly payments, Finally, M1'. Cybulski would like to change the term from three years to five years. RECOMMENDED ACTION Staff proposes to enter into an Amended Deferred Payment Plan Agreement. The Amended Agreement would comply with the purpose and intent of Chapter 13.40 of Rohne11 Park Municipal Code, remove the impediment to economic development, encourage local business growth, and ensure development pays it fair share. The recommended Amendments to the Agreement are as follows: 1. Change three year term to five year term. 2. Change number of seats from 113 to 80. 3. Change bi-monthly payments to monthly payments. Page 301'4 These general tenns were requested by Mr. Cybulski on May 4, 20] ], and he indicated that the changes would effectively assist him with his business, There are several advantages to this proposal for the City, First, the City and the citizens have the benefits described above regarding restaurants and this restaurant in particular. Mr. Cybulski estimates the restaurant \vill gross $ 1,372,680 in revenue in the first year, later growing to $3,000,000 per year Assuming half of that is new restaurant revenue in Rohnert Park, the City's share of the sales tax would be $IO,OOO the first year, growing to $22,500 per year to the City's General Fund, Second, at 5% interest for the full term, the City would earn interest of over $]0,000. There are a number of protections in the agreement for the City. First, the agreement provides that the sewer capacity is granted only when payments are received. So, no capacity will reside with the property until it is paid for. Second, if payments are not made service may be terminated. Thus, the City wi]] not be in the position of granting capacity for which it is not or has not been paid, Finally, the City pays for expansion of the sewer treatment and disposal system monthly over many years through debt service payments, The short term of this agreement ensures that the City receives all its funds prior to making the corresponding debt service payments, CONCLUSION Staff reconm1ends, for the specific reasons outlined in this report and for the purposes of economic development, that the City Council adopt the attached Resolution authorizing the City Manager to enter into an Amended Deferred Payment Plan Agreement for sewer capacity charges with Seasons Pizzeria under the terms outlined above. Attachments: Resolution 20] ] -43, Amended and Restated Deferred Payment Plan Agreement CITY ATTORNEY'S REVIEW: CITY MANAGER'S RECOMMENDATION: ( ) Consent Item (X) Approval ( ) Public Hearing Required ( ) Not Recommended ( ) Submitted with Comment ( ) Policy Determination by Council ( ) City Comments: (X) Regular Time (Revised 031309) JH:TG-S:05-b Page 4 of 4 RESOLlJTION NO. 2012-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING A SECOND AMENDED AND REST A TED DEFERRED PAYMENT PLAN AGREEMENT FOR SEWER CAPACITY CHARGES FOR SEASONS PIZZERIA SPORTS BAR GRILL (563 ROHNERT PARK EXPRESSWAY WEST) WHEREAS, the City Council of the City of Rolmert Park ("City") wishes to support economic development; WHEREAS, in an effort to achieve the desired goal of economic development, the City Council has adopted Resolution No, 20 I 0-89 approving an Economic Development I lob Creation Program; WHEREAS, the approved Economic Development I lob Creation Program includes provisions for the City to "be a creative partner" to overcome obstacles or hindrances to the use of land for economic benefit in Rohnert Park; WHEREAS, Taste Tee LLC, dba Seasons Pizzeria Sports Bar Grill ("Developer") requested a deferral of a percentage of its Sewer Capacity Charges on the condition of entering into a DefelTed Payment Plan Agreement with the City; WHEREAS, City and Developer entered into that certain Deferred Sewer Capacity Charge Payment Plan Agreement on October 13,2010 ("Original Agreement"), which satisfied the purpose and intentof Chapter 13.40 of the Rohnert Park Municipal Code; WHEREAS, on May 5, 20 II, City and Developer desired to amend the Original Agreement and entered into an Amended and Restated Deferred Sewer Capacity Charge Payment Plan Agreement; and WHEREAS, City and Developer now mutually desire to amend the First Amended Agreement to accomplish the following: 1. Change the term of the First Amended Agreement from five to four years; 2. Change the sewer capacity from 1,600 gallons per day to 800 gallons per day with a corresponding Sewer Capacity Charge ofF0l1y-Three Thousand Two Hundred Dollars and Zero Cents ($43,200.00). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AS FOLLOWS: Section 1. The above recitations are true and correct. Section 2. Environmental Clearance. The adoption of this Resolution and accompanying Amended and Restated Deferred Sewer Capacity Charge Payment Plan Agreement is exempt from review under the California Environmental Quality Act because the activity in question is not a project as defined under CEQA Guidelines Section 15378 in that there is no potential that the actIvity will result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Section 3. The City Manager is hereby authorized and directed to take all actions to effectuate the Second Amended and Restated Deferred Sewer Capacity Charge Payment Plan Agreement for and on behalf of the City of Rohnert Park, including execution if necessary, in substantially similar form to the agreement attached hereto as Exhibit "A," subject to minor modifications by the City Attorney. DULY AND REGULARLY ADOPTED this 27th day of March, 2012. CITY OF ROHNERT PARK ATTEST: Mayor City Clerk Second Amended Deferred Sewer Capacity Charge Payment Plan Agreement Between the City of Rohnert Park and Taste Tee LLC (Developer) This Second Amended and Restated Deferred Sewer Capacity Charge Payment Plan Agreement ("Agreement") is entered into by and between the City of Rohnert Park, a Municipal Corporation of the State of California ("City"), and Taste Tee LLC, DBA Seasons Pizzeria Sports Bar Grill ("Developer") on April 1,2012, This Agreement amends and restates in its entirety the Amended and Restated Deferred Sewer Capacity Charge Payment Plan Agreement entered into between the City and Developer on May 24, 2011 ("First Amended Agreement"), WHEREAS, the City is interested in promoting economic development and in an effort to achieve this desired goal, on August 24, 2010, the City adopted Resolution No, 20 I 0-89 adopting an Economic Development / lob Creation Program ("ED Program"); WHEREAS, the approved ED Program includes provisions for the City to work with the business community to determine how the City might, in some way, "be a creative partner" with businesses to address and overcome major obstacles or hindrances to the use of land for economic benefit in the City of Rohnert Park; WHEREAS, Rohnert Park Municipal Code CRPMC') section 13.40.010 establishes a Sewer Capacity Charge applicable to all nonresidential development in the City to pay for improvements to the capacity of the City's sewer collection and pumping facilities and improvements to the subregional treatment, disposal and water recycling system; WHEREAS, pursuant to RPMC section 13.40.020(C), the Sewer Capacity Charge for non residential land use is based upon the daily flow rate in gallons under average dry weather flow conditions, as determined by the City Engineer; WHEREAS, timing of payment of Sewer Capacity Charges can bean obstacle to development of new restaurants; WHEREAS, one alternative payment mechanism, which can be utilized when there is a development with a need for a new or increased permanent sewer capacity, is a deferred payment plan, which would be memorialized in a written agreement; WHEREAS, to support economic development within the City, City and Developer entered into the First Amended Agreement, which among other things, deferred payment of the Developer's sewer capacity charges over a five-year period; WHEREAS, Developer has opened an 80-seat restaurant located at 563 Rohnert Park Expressway West, Rohnert Park, California which is sited on a portion of assessor's parcel number 143-391-048 (the "Project"), WHEREAS, actual indoor water use for the last twelve months based on City water meter readings indicate actual sewer use of the Project to be 800 gallons per day or less; Page 1 of 6 Second Amended DSCCPP Agreement WHEREAS, City and Developer now mutually desire to amend the First Amended Agreement to change (i) the term of the First Amended Agreement from five to four years and (ii) the sewer capacity from 1,600 gallons per day to 800 gallons per day with a corresponding Sewer Capacity Charge of Forty- Three Thousand Two Hundred Dollars and Zero Cents ($43,200,00), NOW, THEREFORE, in consideration of the mutual consideration contained in this Agreement and subject to the terms and conditions as stated, it is understood and agreed by the parties as follows: AGREEMENT 1. Payment Plan Terms, The Project requires 800 gallons-per-day of Sewer Capacity. The Sewer Capacity Charge for 800 gallons per day is Forty-Three Thousand Two Hundred Dollars and Zero Cents ($43,200). Developer (i) made a down payment of Twelve Thousand Two Hundred Four Dollars and Zero Cents ($12,204.00) on October 13, 2010, (ii) made and additional payments of Sixteen Thousand Two Hundred Thirty-Six Dollars and Seventy-Three Cents ($16,236.73) through March 6, 2012, of which Fourteen Thousand Seven Hundred Sixty Dollars and Eighty-One Cents ($14,776.81) is applied to principal and One Thousand Four Hundred Seventy-Five Dollars and Ninety-Two Cents ($1,475.92) is applied to interest expense, and (iii) received a credit of Four Thousand Three Hundred Twenty-One Dollars and Eighty-One Cems ($4,321.81) for original sewer capacity. Developer will provide a Promissory Note to the City for the remaining balance due of Eleven 1110usand Nine Hundred Thirteen Dollars and Thirty-Eight Cents ($11,913.38), to be paid in forty-eight (48) monthly payments commencing April 1,2012, of TWO HUNDRED SEVENTY-THREE DOLLARS and TWENTY-THREE CENTS ($273.23) each, which payments are inclusive of principal and interest at the rate of five percent (5.0%) per annum (the "Note"), the fonn of which is attached to this Agreement as Exhibit 1. 2. Purpose of Payment Plan. day. Developer has constructed a restaurant on the Property with capacity of 800 gallons per 3, Payments Begin, Monthly payments shall be paid on the first of each month commencing on April 1, 2012, and shall continue in accordance with the terms and conditions of the Note. 4, Provisional Capacity Rights. Upon receipt of valid payment, including clearance of checks or wire transfers with appropriate bank, sewer capacity rights will provisionally accrue to the Project at the rate of one (1) gallon per Fifty-Four Dollars and zero cents ($54.00), not including any interest, per the terms of this agreement. In no case shall the Project accrue more than 800 gallons of sewer capacity for payments made to satisfy the obligations of this Agreement. Notwithstanding the above, in the event of default of any required payments under the Note, the Project will not be deemed to have accrued any sewer capacity rights and any provisionally accrued sewer capacity rights will be deemed revoked. 5. DisconnectionlT ennination of Service for lack of payment. , Page 2 of 6 Second Amended DSCCPP Agreement In addition to any other remedy in law or equity, including aU remedies provided under Title] 3 of the Rohnert Park Municipal Code, Developer agrees that, notwithstanding any other right at law and in consideration of not requiring a specific security interest to protect the loan, if all utility charges are not paid within fifteen (J 5) calendar days of payment due date published on bill, or if Developer is in default per Section] J, all City-provided utilities to the Property, including water and sewer service, may be disconnected. 6, Prepayment. The Developers may, at any time, at their option and from time to time, prepay the Note in part or in whole without premium or penalty. Any partial prepayment shall be appl ied to the outstanding principal and not to the installment next due under the tenns of the Note. 7, Prohibition Against Assignment or Change In Ownership of Developer Without Prior Consent of City, The qualifications and identity of Developer are of particular concern to the City in entering into this Agreement. Therefore, no voluntary or involuntary successor in interest of Developer shall acquire any rights or powers under this Agreement, and there shall be no change in more than fifty-one percent (51%) of the ownership interests in the Developer, except as expressly set forth herein, Developer shall not assign or permit the assignment of all or any of its rights or duties under this Agreement, or pennit a change in more than fifty-one (5] %) of its ownership interests, without the prior written approval of the City, which consent shall be in the City's sole discretion and shall require that any approved successor specifically agree in writing to be bound by the provisions of this Agreement. 8. Time Frame. Time is of the essence of this Agreement. 9. Equal Employment Opportunity. a. The Developer, its contractors and agents will not discriminate against any employee or person engaged in this project because of their race, religion, color, sex, or national origin; b. The Developer shall post in conspicuous places on the Property site notices setting forth the provisions of this non-discrimination clause; c. Violation of these provisions shall be cause to tenninate this Agreement; and d. None of the terms of this provision shall be used to preclude the City from pursuing other remedies available under law or equity for non-compliance with the terms of this Agreement. 10. Disclaimer of Relationship, The City and Developer agree and acknowledge that nothing contained in this Agreement or any act of the City employees, agents or officers or of the Developer shall be deemed or constmed by any of the parties to this Agreement, or by third persons, to create any relationship of any third-party beneficiary, or of principal and agent, or of limited or general partnership, or of joint venture, or of any association or joint relationship. 11. Events of Default. Page 3 of 6 Second Amended DSCCPP Agreement Any of the following events shall constitute an event of default: a. Failure to make payment of the principal or any interest on the Note when due and as the same shall become due and payable~ b. Failure to perform any obligation contained in this Agreemenc c. Making a presentation or warranty with regard to the subject of this Agreement that is false or misleading in a material respect; d. If the Developer shall: L Admit in writing their inability to pay their debts as they come due; II. File a petition in bankruptcy, or a petition to take advantage of any insolvency act or a p~tition seeking reorganization; ilL Make an assignment for the benefits of their creditors~ IV, Consent to the appointment of a receiver of themselves, or of the whole or any substantial part of their Property; or v. On a petition in bankruptcy or insolvency or seeking reorganization filed against themselves, acquiesce in such filing, fail to have the action discharged within ninety (90) days of such filing, be adjudicated bankrupt, or become subject to a receiver; and e. Developer assigns or permits the assigrilllent of all or any of its rights or duties under this Agreement, or permits a change in more than fifty-one percent (51 %) of its ownership interests, without the prior written approval of the City. 12. Remedies Upon Default. a. Automatic Acceleration. In the case of the occurrence of an event of default under paragraph 11 above, the Note shall automatically, without notice to the Developers or any other person, forthwith become due and payable in full, together with interest accrued thereon; b. Option Acceleration. In the case of the occurrence of any other event of default and the continuance thereof for more than thirty (30) consecutive days after delivery to the Developers of a written notice issued by the City specifying such event of default and required it be remedied, the City may, by written notice to Developer, declare the principal and accrued interest on the Note and all obligations of the Developers hereunder to be forthwith due and payable. Any written notice shall be deemed delivered when deposited in the U.S. mail; and c. Immediate disconnection/termination of utility service as provided for in paragraph 5, above. 13. Notices. All notices, consents, demands, and other communications hereunder shall be deemed to have been given when personally delivered, mailed by registered or certified mail, postage prepaid or sent by telegram, addressed: Page 4 of 6 Second Amended DSCCPP Agreement a. If to Developer: Managing Member Taste Tee LLC, DBA Seasons Pizzeria Sports Bar Grill 563 Rohnert Park Expressway West Rohnert Park, California 94928; and Glenn M, Cybulski Agent for Service of Process Taste Tee LLC 303 Orchard Lane Penngrove,CA 94951. b. If to the City: City Manager Rohnert Park City Hall 130 Avram Avenue Rohnert Park, California 94928, 14 . Successors and Assigns, 111is Agreement shall be binding upon and inure to the benefit of, and be enforceable by, the parties hereto and their respective successors and assigns, and beneficiaries. 15. Governing Law. 111is Agreement is executed, and is to be performed, in the State of California and shall be governed by the laws of the State of California, 16. Severability. If any term contained in this Agreement or in the Note shall be invalid and unenforceable, the remainder of this Agreement and the Note shall not be affected thereby. 17. Attorneys' Fees, If either party to this Agreement shall bring any action against the other arising out of this. Agreement or the exhibit(s) hereto, the prevailing party shall be entitled to recover a reasonable sum for attorneys' fees and costs in suchaction. 18. Venue. In the event a claim or action is filed in connection with this Agreement, the parties agree that the proper venue for any such proceeding shall be in the Superior Court of the County of Sonoma, California. IN WITNESS WHEREOF, the pmties have executed this instrument as of the date written above. Page 5 of 6 Second Amended DSCCPP Agreement DA TED: DEVELOPER: By: Glenn M, Cybulski Managing Member TastE; Tee LLC d/b/a Seasons Pizzeria Sports Bar Grill DATED: CITY OF ROHNERT PARK: By: Gabriel Gonzalez City Manager APPROVED AS TO FORM AND CONTENT: DA TED: By: Michelle Marchetta Kenyon City Attorney ATTEST: By: City Clerk Page 6 of 6 Second Amended DSCCPP Agreement EXHIBIT 1 PROMISSORY NOTE City of Rohnert Park, California $11,913.38 April 1,2012 For valid consideration duly received and hereby acknowledged, the undersigned Taste Tee LLC, DBA Seasons Pizzeria Sports Bar Grill ("Maker"), promises and agj'ees to pay to the order of the City of Rohnert Park, 130 A v ram Avenue, Rolmert Park, California 94928, or holder ("City"), in lawful money of the United States of America, the principal sum of ELEVEN THOUSAND NINE HUNDRED THIRTEEN DOLLARS AND THIRTY-EIGHT CENTS ($11,913.38), to be paid in forty-eight (48) monthly payments of TWO HUNDRED SEVENTY- THREE DOLLARS AND TWENTY-THREE CENTS ($273.23) each commencing April 1,2012, which payments are inclusive of principal and interest at the rate of five percent (5,0%) per annum, in accordance with the terms the Amended and Restated Deferred Sewer Capacity Charge Payment Plan Agreement Between the City of RohneTt Park And Taste Tee LLC dated April 1, 2012, ("Agreement"), which is incorporated herein in full by reference, The payment schedule for this Promissory Note is attached herewith. Unless otherwise specified in writing by the City, all payments on this Promissory Note shall be paid to the City, by check, made payable to the order of the City of Rohnert Park, 130 A vram A venue, Rohnert Park, California 94928. Should default be made in payment of the principal or interest, the whole sum of principal and interest shall, at the option of the holder of this note, become immediately due as provided in the Agreement. Whether or not suit is filed, Maker agrees to pay all attorneys' fees, costs of collection, costs, and expenses incurred by the City in connection with the enforcement or collection of this Promissory Note, This Promissory Note has been executed and delivered in and shall be construed in accordance with and governed by the laws of the State of Califomia and of the United States of America. Executed as of the date first written above. TASTE TEE LLC DBA SEASONS PIZZERIA SPORTS BAR GRILL By: Glenn M. Cybulski Its: Managing Member Exhibit 1: Page 1 of 2 Promissory Note (Second Amended Agreement) EXHIBIT 1 Payment Schedule for Promissory Note (Amortization Schedule) Sewer Capacity Charge Payment Plan for Seasons Pizzeria, 563 Rohnert Park Expressway West .'Due Number Amount Interest Balance Due Number .Amount Interest Balance 4/1/12 0 $ 11,913.38 4/1/12 1 $ (273.23) $ - $ 11,640.15 4/1/14 25 $ (273.23) $ 26.44 $ 5,980.56 5/1/12 2 $ (273.23) $ 47.84 $ 11,414.76 , 5/1/14 26 $ (273.23) $ 24.58 $ 5,731.91 6/1/12 3 $ (273.23) $ 48.47 $ 11,190.00 6/1/14 27 $ (273.23) $ 24.34 $ 5,483.02 7/1/12 4 $ (273.23) $ 45.99 $ 10,962.76 7/1/14 28 $ (273.23) $ 22.53 $ 5,232.32 8/1/12 5 $ (273.23) $ 46.55 $ 10,736.08 8/1114 29 $ (273.23) $ 22.22 $ 4,981.31 911112 6 $ (273.23) $ 45.59 $ 10,508.44 9/1/14 30 $ (273.23) $ 21.15 $ 4,729.24 10/1/12 7 $ (273.23) $ 43.19 $ 10,278.40 10/1/14 31 $ (273.23) $ 19.44 $ 4,475.44 11/1/12 8 $ (273.23) $ 43,65 $ 10,048.82 11/1/14 32 $ (273.23) $ 19.01 $ 4,221.22 12/1/12 9 $ (273.23) $ 41.30 $ 9,816.88 12/1/14 33 $ (273.23) $ 17.35 $ 3,965.33 1/1/13 10 $ (273.23) $ 41.69 $ 9,585.34 111115 34 $ (273.23) $ 16.84 $ 3,708.94 2/1/13 11 $ (273.23) $ 40.70 $ 9,352.82 2/1/15 35 $ (273.23) $ 15,75 $ 3,451,46 3/1/13 12 $ (273.23) $ 35.87 $ 9,115.46 3/1/15 36 $ (273.23) $ 13.24 $ 3,191.47 4/1/13 13 $ (273.23) $ 38.71 $ 8,880.94 4/1/15 37 $ (273.23) $ 13.55 $ 2,931.79 5/1/13 14 $ (273.23) $ 36.50 $ 8,644.21 5/1/15 38 $ (273.23) $ 12.05 $ 2,670.61 6/1113 15 $ (273.23) $ 36.71 $ 8,407.68 6/1115 39 $ (273.23) $ 11,34 $ 2,408.72 7/1/13 16 $ (273.23) $ 34.55 $ 8,169.01 7/1/15 40 $ (273.23) $ 9.90 $ 2,145.39 8/1/13 17 $ (273.23) $ 34.69 $ 7,930.47 8/1/15 41 $ (273.23) $ 9.11 $ 1,881.27 9/1/13 18 $ (273.23) $ 3168 $ 7,690.91 9/1/15 42 $ (273.23) $ 7.99 $ 1,616.03 10/1113 19 $ (273.23) $ 31.61 $ 7,449.29 10/1/15 43 $ (273.23) $ 6.64 $ 1,349.44 11/1/13 20 $ (273.23) $ 31.63 $ 7,207.69 11/1/15 44 $ (273.23) $ 5.73 $ 1,081.94 12/1/13 21 $ (273.23) $ 29.62 $ 6,964.09 12/1/15 45 $ (273.23) $ 4.45 $ 813.16 1/1/14 22 $ (273.23) $ 29.57 $ 6,720.43 1/1/16 46 $ (273.23) $ 3.45 $ 543.38 2/1/14 23 $ (273.23) $ 28.54 $ 6,475.74 2/1/16 47 $ (273.23) $ 2.31 $ 272.46 3/1/14 24 $ (273.23) $ 24.84 $ 6,227.35 3/1/16 48 $ (273.54) $ 1.08 $ 0.00 Exhibit 1: Page 2 of 2 Promissory Note (Second Amended Agreement) ITEM NO. 6.CA 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: March 27, 2012 Department: Development Services Submitted By: Darrin Jenkins, Director of Development Services / City Engineer Agenda Title: Consideration of Resolution Approving a Revised Salary Range for Deputy Chief Building Official RECOMMENDED ACTION: Adopt attached resolution approving a revised salary range for Deputy Chief Building Official to recognize changes to position to require a Plans Examiner Certification from the International Code Council to improve customer service. BACKGROUND: Historically, the City had a Chief Building Official position and a Building Inspector position. In the past, the title of the Building Inspector was changed to Deputy Chief Building Official without a change in compensation. The primary function was still building inspection. ANALYSIS: Over the last year the incumbent in the Deputy Chief Building Official had a Plans Examiner Certification from the International Code Council and was able to do most minor plan checking in-house rather than using outside consultants. This did two things which were beneficial to our customers and the City. First, the turn-around time for plan checks was greatly reduced, often to same day. Second, the cost to the City was much lower to do minor plan checks in-house versus using outside consultants. Unfortunately, the incumbent left our employment. Staff would like to preserve the higher level of customer service and lower cost of having in- house plan checking capability. Staff believes this can be accomplished by revising the Deputy Chief Building Official job description to include a requirement to have the International Code Council Plans Examiner Certification and compensating the position accordingly. The City issues about 100 permits per year that are of a nature that can be checked in-house provided that the City has qualified staff. If each of these plan checks were sent out to an outside plan-checker at $75 each, the cost to the City would be $7,500 per year. Because having in- house expertise will reduce outside plan checking consultant costs, yet only costs about $4,000, staff believes this change can be accomplished at no net cost to the City, and perhaps a savings. The City would be opting to do in-house what would otherwise be contracted out. 1 ITEM NO. 6.C.4 Consistent with the City's new business practice to reduce cost to applicants and streamline the permitting and inspection process having an individual with these certifications will reduce time and money for the City and the applicant. This would enable applicants to get minor permits quickly in one-stop rather than multiple visits. Put simply, the City will have the resources to "take one bite of the apple." Providing exceptional customer services requires adequate resources. OPTIONS CONSIDERED: Staff considered the option of making no change to the job description. Looking back at the prior recruitment, the incumbent stood out as better qualified than the other applicants. That is to say, the prior recruitment at the current salary did not attract an adequate field of qualified candidates for long term stability. Staff believes that increasing the requirements of the position to include plan checking will best serve our customers and the higher level of work and certifications warrants an adjustment to the salary. FISCAL IMPACTIFUNDING SOURCE: There is no real net fiscal impact to the City for modifying salary range. Increased in-house cost would be offset in reduction's to contractual services in the form of outside consultant costs. City Manager Approval Date: 3/21/12 City Attorney Approval Date: Attachments (list in packet assembly order): 1. Resolution No. 2012-34 2 RESOLUTION NO. 2012-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING A REVISED SALARY RANGE FOR DEPUTY CHIEF BUILDING OFFICIAL FROM 85X TO 87X WHEREAS, the City has a recent opening for the position of Deputy Chief Building Official, which is temporarily being filled by an outside consultant; WHEREAS, in an effort to provide exceptional customer service, the job description was revised to include higher levels of certifications for plan checking; WHEREAS, staff recommends that the salary for this position be adjusted and placed at the salary range which follows: Position Deputy Chief Building Official Ranf!:e 87X Monthlv Salary $5,669-$6,890 WHEREAS, staff met and discussed this recommendation with the Rohnert Park Employees' Association (RPEA). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park approves the change in salary range as stated above. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 27th day of March, 2012. CITY OF ROHNERT PARK Mayor ATTEST: Interim City Clerk ITEM NO.7 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: March 27,2012 Department: Finance Submitted By: Gabriel A. Gonzalez, City Manager Prepared By: Barbara Galaudet, Utility Billing & Revenue Supervisor Agenda Title: 2012/2013 Winter Average/Sewer Cap RECOMMENDED ACTION: Receive and accept the report regarding the 2012/2013 Winter Average/Sewer Cap for the period from Apri11, 2012 through March 31,2013, and affirm that the intent of Section 4 of Ordinance No. 837 allows establishing the sewer flow charge by averaging usage during the winter billing periods which occurred during the months of December 2010 through February 2011 or during the winter billing periods which occurred during the months of December 2011 through February 2012, whichever is lower. BACKGROUND: The City has established sewer service charges pursuant to Rohnert Park Municipal Code section 13.42.035 and Ordinance No 837. Commercial sewer customers are billed based on the amount of wastewater generated. Sewer charges for commercial accounts and accounts that meter domestic and .irrigation usage separately are billed for actual consumption during the billing period. Under Section 4 of Ordinance No. 837, sewer flow charges for residential utility accounts, including single-family residences, are billed based on the lower of actual monthly water usage or the winter average/sewer cap, which is the most equitable form of billing for the city's residential and multi-family customers. The City determines the winter cap by averaging December, January, and February meter reads. These are typically wet months when it can be assumed residents are using all water indoors, and therefore virtually all water is also being released into the sewer system as wastewater. The winter average/sewer cap is re-evaluated every year; the new average is applied to residents' accounts starting each April. A decrease in usage during December, January and February will lower the winter 'average/sewer cap for the following year. If monthly water usage during a billing period is ever less than the winter average/sewer cap, the sewer charges will be based on consumption, not the winter average/sewer cap. This methodology is intended to be protective of the ratepayers and is designed to set the sewer charge based on an accurate accounting of their sewer use. 1 ITEM NO.7 New accounts are assigned a winter average/sewer rate according to the number of residents living at the property. ANALYSIS: The winter billing periods that occurred between December 2011 and February 2012, Rohnert Park received significantly less than average rainfall. Due to the lack of rainfall, there may have been a need to irrigate and a portion of the water used in those months may not have been discharged into the sewer system. As a result, relying on the 2011-2012 winter average as the basis for the sewer flow has the potential to overestimate the sewer flow. Staff has identified some ambiguity in the language in Section 4 of Ordinance No. 837 describing the sewer flow methodology. It provides that, "The most recent average winter water usage calculation shall be incorporated in the billing beginning with bills occurring on or after April 1 of each year." This could be read literally (to allow only averaging of the immediately prior winter water usage without regard to abnormal weather patterns in those months), or could be read pragmatically (to allow averaging of the most recent winter water usage that reflects average or typical weather patterns). In light ofthe overarching intent behind the rate-setting to be protective of the ratepayers, staff has determined that the pragmatic interpretation is appropriate. Based on the foregoing, due to this historically abnormal winter billing period, the Utility Billing Department will calculate the Rohnert Park residents' winter average/sewer cap for April 2012 through March 2013 based on averaging the previous year's winter reads (December, 2010 through February 2011) or (December, 2011 through February 2012) whichever is lower. This may be a more equitable way to determine indoor water use. If monthly water usage during a billing period is ever less than the winter average/sewer cap, the sewer charges will be based on consumption, not the winter average/sewer cap. For those customers that establish accounts after the winter billing periods of December 2011 through February 2012 and have no usage during the winter billing periods, the winter average/sewer cap for April 1, 2012 through March 31, 2013 will be assigned based on the citywide average/sewer cap for the number of residents in the household. This one year change in the methodology for determining the winter average/sewer cap does not change the wastewater rate for 2012 and 2013 which were adopted by the City Council on May 24,2011. LEGAL: Affirming the Council's intent and staffs interpretation of the methodology for calculating the sewer flow does not implicate Proposition 218 because the agency would be making a decision that does not have the potential to result in an increased amount being levied. (See Gov. Code, S 53750(h)(2).) Rather, for April 2012 - 2013 certain customers' rates would remain unchanged from the rate imposed in 2011-2012, provided that doing so resulted in a lower rate based on average winter water usage. 2 Department Head Approval Date: City Manager Approval Date: 3/21/12 City Attorney Approval Date: 3/21/12 Attachments (list in packet assembly order): 1. Ordinance No. 837 ITEM NO.7 3 ORDINANCE NO. 831 AN UNCODIFIED ORDINANCE OF THE CITY OF ROHNERT PARK ADOPTING A NEW RATE STRUCTURE AND RATE PLAN FOR SEWER SERVICE CHARGES WHEREAS, the City of Rohneli Park works each day with increasingly limited financial resources to ensure that the sewer system is properly maintained to protect residents and our environment from hazardous waste, spills and sewage leaks; and WHEREAS, the City's Sewer fund, which is meant to pay for all sewer services, currently has an annual deficit of over $2 million dollars; and WHEREAS, the City of Rohnert Park is not only concerned about our community's health and safety but is also legally obligated to pay its share of sewer costs to other agencies providing services as part of a regional system; and WHEREAS, the City has already made over $6 million in cuts in the past two years from our general fund budget which suppOlis essential City services such as police and fire, 9-1-1, park maintenance, recreation programs, and street/pothole repair; and WHEREAS, if the Sewer Fund reserve is depleted, General Fund monies will need to be used, resulting in additional cuts to essential city services; and WHEREAS, in studying this issue thoroughly, the volunteer Citizens' Sewer Fund Stakeholders Group recommended to the City Council that Rohnert Park must update its sewer rates to protect our City's health, safety and fiscal integrity; and WHEREAS, delaying sewer repairs and maintenance only increases their cost to City ratepayers over time, and can result in even more costly repairs and fines or intervention by Regional, State, and Federal agencies; and WHEREAS, even with a new sewer rate Rohnert Park will still have among the lowest sewer rates in the region; and WHEREAS, these rates are reasonable, reflect a proportionate distribution of costs to each customer, and will cover the costs of providing sewer services within Rohnert Park; and WHEREAS, section 13.42.010 of the Rohnert Park Municipal Code provides that the City Council shall establish rates for sewer service by ordinance; and WHEREAS, Resolution No. 2011-19 accepting the Sewer Financial Plan and Rate Study prepared by The Reed Group, Inc., dated March 3, 2011, ("Reed Report") OAK #4824-0395-9817 vl 1 Ordinance No. 837 (Page 1 of 6) , was passed by the City Council on March 8,2011; and t WHEREAS, the Reed Report confirmed that since 2009, annual expenses for sanitary services have exceeded revenues, resulting in a rapid reduction in the balance of the sewer operating funds; and WHEREAS, the City delivers wastewater to the Santa Rosa Subregional Sewer System for the legally required treatment pursuant to an Agreement with the City of Santa Rosa and other local agencies signed in 1975 (the "Subregional Agreement"); and WHEREAS, the Subregional Agreement requires that the City meet certain state and federal requirements, including adoption of a sewer service revenue program that will fund operations, maintenance and replacement of the sewer system; and WHEREAS, in 2005 the City entered into an Installment Purchase Agreement so that it could issue Certificates of Participation to secure funds to repair and restore the existing sewer operations as well as to provide for future system expansion, and WHEREAS, the Installment Purchase Agreement includes covenants regarding sewer rates and charges to assure that there will be adequate funds to maintain the sewer operations and pay the indebtedness incurred under the Certificates of Participation; and WHEREAS, the Reed Report demonstrates that the City is in breach of the Certificate of Participation covenants and the Subregional Agreement, because the sewer operation has no Net Revenue because costs of operation exceed revenue; and WHEREAS, the Reed Report recommends that the existing sewer rate structure be replaced by a new rate structure and rate plan that will (a) improve revenue stabilityand proportionality in rates by assigning a greater portion of revenue to fixed monthlyrates; (b) apportion fixed rates to meter size in recognition of the increase in potential demands upon the system from larger meters; (c) establish new usage rates that are adjusted to take into account the relative "strength" of the wastewater and the varying costs for treating differing wastewater loadings; (d) retain a fee component apportioned by system usage; and (e) calculate sewer service charges for schools based upon metered water consumption; and WHEREAS, the City Council has determined that the recommendations of the Reed Report are sound and should be implemented; WHEREAS, the City identified the parcels upon which the new rate structure and rate plan are to be imposed, calculated the rate to be imposed on each parcel, and mailed written notice to all record owners of properties upon which the new rate structure and rate plan would be imposed, including the proposed rate, the basis for the calculation of the rate, the reason for the rate and the date, time, and location for the public hearing to be held on May 10, 2011 at 6:00 p.m. in the Council Chamber, which notice was mailed Ordinance No. 837 (Page 2 of 6) OAK #4824-0395-9817 vI I at least than 45 days in advance of the hearing; and WHEREAS, the City Clerk published further notice of the hearing on April 29th and May 6th in a newspaper of general circulation in the City; and WHEREAS, the City Council held the duly noticed public hearing and considered all protests against the new rate structure and rate plan; and WHEREAS, written protests against the new rates structure and rate plan were not presented by a majority of owners of the identified parcels; NOW, THEREFORE, the City Council of the City of Rohnert Park does ordain as follows: SECTION 1. In accordance with Article XIII D, Section 6(b), of the California Constitution, the City Council finds based upon the Reed Report, and upon other information received at several public meetings as well as at its public hearing on the proposed new rate structure and rate plan that: A. The revenues derived from the new rate structure and rate plan do not exceed the funds required to provide sewer service because the rates are calculated to allow the City to recover its costs. B. The revenues derived from the new rate structure and rate plan will not be used for any purpose other than that for which they are is imposed because the revenue will be kept in a separate fund used only for costs related to the provisions of sewer serVIce. C. The charges under the new'rate structure and rate plan do not exceed the proportional cost of the sewer service attributable to each parcel, because they are based upon relevant factors, including without limitation land uses, wastewater volume estimated from adjusted water usage, meter sizes, and waste loading factors in wastewater. D. The charges under the new rate structure and rate plan will not be imposed upon parcels for which sewer service is not available. E. The charges under the new rate structure and rate plan will be used for . provision of sewer service rather than general governmental services. SECTION 2. The City Council does further find and determine that the revenue generated by the new rate structure and rate plan will only be used to sustain sewer facilities and services, as authorized by Health and Safety Code section 5471. SECTION 3. The following sewer service rate schedules are hereby adopted effective as Ordinance No. 837 (Page 3 of 6) OAK #4824-0395-98) 7 v) ) of the dates shown in Table 1 below: .singi~Jf;trhiiy1i:~$irlg/J.traLiJ;ilst(jfngrs Monthly Base Charge $ 6.88 Flow Charge ($/1 ,000 gal.) $ 8.01 ,.Multi~Fdffz.il~;ilfi4<J.l6ji--RClsjtlentidl(justoJ11efs .;... Monthly Base Charge (per water meter, excluding irrigation meters) Up to 3/4" meter $ 18.52 $ 23.15 $ 23.84 $ 24.56 1" meter $ 28.34 $ 35.43 $ 36.49 $ 37.58 1 1/2" meter $ 52.68 $ 65.85 $ 67.83 $ 69.86 2" meter $ 82.00 $ 1 02.50 $ 1 05.58 $ 1 08.75 3" meter $ 150.48$ 188.10 $ 193.74 $ 199.55 4" meter $ 248.27 $ 310.34 $ 319.65 $ 329.24 6"meter $492,54 $615.68 $ 634.15 $ 653.17 8" meter $ 785.79 $ 982.24 $1,011.71 $1,042.06 Flow Charge ($/1,000 gal.) Multi-Family Residential $ 8.01 $ 10.01 $. 10.31 $ 10.62 Non-Residential Low Strength Medium Strength High Strength $ 25.30 $ 38.71 $ 71.96 $ 112.01 $ 205.54 $ 339.12 $ 672.77 $1,073.32 $ 10.94 $ 837 $ 11.22 $ 16.90 $ 10.46 $ $ 14.03 $ $ 21.13. $ 10.77 14.45 21.76 $ $ $ 11.09 14.88 22.41 $ 11.42 $ 15.33 $ 23.08 Notes: (1) Individual dwelling units with individual city-owned meters shall be categorized as single family residential customers. Multi-family units with master meters shall be charged as Multi-Family Residential. (2) Flow charges will be determined based on gallons of flow, rather than rounded to 1,000 gallon increments. SECTION 4. Implementation of New Sewer Rate Structure. A. All active accounts of the sewer system Shall be subject to a monthly base charge, as described in Table 1 above. Single family residential base charges will apply to dwelling units with individual city-owned meters. Multi-family and non-residential base charges will be based on the size of the domestic water meter (excluding irrigation meters). B. Both single family residential and multi-family residential accounts shall be subject to a sewer flow charge. Sewer flow will be estimated on the basis of the lesser of: Ordinance No. 837 (Page 4 of 6) OAK #4824-0395-9817 v11 a. Actual monthly water usage in gallons, or b. Average monthly water usage in gallons from the prior winter period using water usage from billing cycles ending in December, January, and February. The most recent average winter water usage calculation shall be incorporated in billing begimling with bills occUlTing on or after April 1 of each year. ' C. Non-residential accounts shall be subject to a sewer flow charge. Sewer flow will be estimated on the basis of actual monthly water usage in gallons, exclusive of any water used through dedicated irrigation meters. D. Non-residential accounts shall be classified into strength classifications for purposes of determining the appropriate sewer flow rate. The Director of Public Works, or his designee, will determine which strength classification is to be assigned to each non-residential account using industry standard information and data. The following are examples of classifications: a. Low Strength -Bar without food, beauty salon, car wash, church, convalescent home, dry cleaners, health club/spa, hospital, hotel/motel without restaurant, self-service laundries, manufacturing without process discharge, office building, public/municipal building, retail stores, schools. b. Medium Strength - Auto repair facilities, auto service stations, commerCial laundry, hotel/motel with restaurant, mixed use including restaurants, restaurant with grease interceptor, retail with food service. c. High Strength - Bakery, bar with food, butcher, grocery with bakery, butcher or food waste grinder, mortuary, restaurant without grease interceptor. E. The Director of Public Works may make adjustments to the estimates of sewer flow proscribed in 4(B) and 4(C), above, when such estimates are determined to not reasonably reflect actual usage of the sewer system. F. Any customer may, at their own cost, install devices for measuring actual sewer flow in accordance with standards proscribed by City. Such actual flow measurements will then become the basis for determining sewer flow charges. G. Any customer may, at their own cost, sample sewer discharges for biochemical oxygen demand (BOD) and total suspended solids (TSS) in accordance with standards prescribed by City. Such sewer strength information will then be used by the Director of Public Works to determine the appropriate strength classification, as follows: the low strength classification shall apply in instances where the sum of BOD strength and TSS strength (both in mg/l) does not exceed 600; the medium strength classification shall apply in instances where the sum of BOD strength and TSS strength (both in mg/l) Ordinance No. 837 (Page 5 of 6) OAK #4824-0395-9817 vII exceeds 600 but does not exceed 1,200; and the highstrength classification shall apply in. instances where to sum of BOD strength and TSS strength (both in mg/l) exceeds 1,200. H. The provisions of Section 13.44.055 of the Rohnert Park Municipal Code shall not apply to fees established by this ordinance until such time as the City Council elects to authorize liens pursuant to the Revenue Bond Law of 1941. SECTION 5. Environmental Review. The City Council does find and determine, based upon the information presented in the Reed Report and all other information presented and considered during the public hearing process that the adoption of the new rate structure and rate plan is for the purpose of meeting operating expenses, purchasing or leasing supplies, equipment, and materials, meeting financial reserve needs and requirements, and obtaining funds for capital projects necessary to maintain service within existing service areas, and therefore exempt from the California Environmental Quality Act under 915273 of the CEQA Guidelines. SECTION 6. 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 7. 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 on the loth day of May, 2011 and , DULY AND REGULARLY ADOPTED this 24 th day of May by a four-fifths voteofthe City Council as follows: ,2011 AYES: NOES: ABSENT: ABSTAIN: Four (4) (0) (1) (0) Council Member Mackenzie None One None Council Members Ahanotu, Callinan, Stafford, and Mayor Belforte ATTEST: CITY OF ROHNERT PARK OAK #4824-0395-98] 7 v]] Ordinance No. 837 (Page 6 of 6) ITEM NO.8 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: March 27, 2012 Department: Administration Submitted By: Linda Babonis, Economic Development/Redevelopment Manager Prepared By: Sandy Litzie, Management Analyst Agenda Title: Adoption of Ordinance Suspending the Application of Chapter 9.71 of the City of Rohnert Park Municipal Code: Payment of Interest on Security Deposits RECOMMENDED ACTION: Ordinance for Introduction: Waive Full Reading and Introduce Ordinance by Reading Title: An Ordinance of the City of Rohnert Park Suspending the Application of Chapter 9.71, "Payment ofInterest on Security Deposits" of Title 9, "Public Peace, Morals and Welfare," ofthe Rohnert Park Municipal Code BACKGROUND: At its March 13, 2012 meeting City Council provided direction regarding application of Chapter 9.71 of the City of Rohnert Park Municipal Code, which describes requirements related to interest landlords are required to pay to tenants who have deposited security funds as part of lease or rental agreements. The recommended action is based on that direction. ANALYSIS: The proposed resolution suspends the requirement for landlords to pay interest on security deposits until interest rates and payments to tenants are sufficiently high enough to justify the time and effort required of landlords to administer them. OPTIONS CONSIDERED: Options were presented to City Council at its March 13 meeting, and the Council directed the course of action being recommended. FISCAL IMP ACTIFUNDING SOURCE: Not applicable City Manager Approval Date: City Attorney Approval Date: 3/20/12 Security Deposit ITEM NO.8 Attachments: 1. Chapter 9.71, City of Rohnert Park Municipal Code 2. Ordinance No. 845 An Ordinance of the City of Rohnert Park Suspending the Application of Chapter 9.71, "Payment ofInterest on Security Deposits" of Title 9, "Public Peace, Morals and Welfare," of the Rohnert Park Municipal Code 2 Security Deposit ITEM NO.8 Rohnert Park. California. Code of Ordinances>> Title 9 - PUBLIC PEACE. MORALS AND WElFARE>> ARTICLE VI. - CONSUMER PROTECTION>> Chapter 9.71- PAYMENT OF INTEREST ON SECURITY DEPOSITS Chapter 9.71- PAYMENT OF INTEREST ON SECURITY DEPOSITS Sections: 9.71.010 - Findings. 9.71.020- Definitions. 9.71.030 - Payment of interest. 9.71.032 - landlord'shandling charge. 9.71.040 - Applicability, mobile home park exclusion. 9.71.050 - Purpose. 9.71.010 - Findings. The city council is aware ofthe fact that California law, and specifically California Civil Code 99 1950.5 and 1950.7, allow a landlord to require a prospective tenant to deposit with, or make available to the landlord, if necessary, a security deposit to assure the landlord for failure of the tenant to pay the rent; to provide for a fund for repair of the premises if it is damaged substantially by the tenant; to clean the premises upon termination of the tenancy and for other purposes as set forth in the statutes. The city council is also aware and so finds that some security deposits remain with the landlord for long periods of time because the tenancy lasts for a long time or the tenancy changes but the new tenant(s) immediately follows the former tenant(s) and the security deposit is left on deposit with the landlord or is immediately replace so that there is no loss of the benefit of the deposit to the landlord. The council is also aware of the fact that for residential property the advance payment authorized by Civil Code [S'1950.5(c) can be as much as six months rent in situations where the term of the lease is six months or longer. The council is also aware of the fact that Pacific Gas & Electric Company either pays interest on security deposits paid by utility customers required to deposit funds with the company to secure the payment of utility accounts with the company, subject to reasonable conditions regarding timely payment ofthe account and other related regulations, or returns the security deposit after a year's payment experience with no more than two months delinquency in the first twelve months. (Ord. 587 is 1, 1994) 9.7.1.020 - Definitions. The city council hereby defines the following words or phrases as used in this chapter as follows: A. "landlord" means the person or entity that owns the real property being rented. landlord also means the person or entity that has entered into a lease/rental agreement with the tenant to lease or rent the real property to the tenant. 3 Security Deposit ITEM NO.8 B. "Interest rate" or "rate of interest" means the rate of interest paid on three month United States Treasury bills on the day the lease/rental agreement is entered into as published in the Santa Rosa Press Democrat, the Wall Street Journal or in any other newspaper or financial journal that publishes such rates of interest. The rate of interest shall remain constant until the anniversary date ofthe lease/rental agreement, at which time it shall be redetermined consistent with the interest paid on such Treasury bills on such anniversary date. C. "Lease" or "lease/rental agreement" means the agreement, whether oral or written, by which the landlord grants the tenant the right to inhabit, occupy or use real property owned or controlled by the landlord. D. "Security deposit" means the payment, fee, deposit or charge required, imposed or assessed by the landlord and required to be deposited with or kept by the landlord for any of the following: 1. The compensation of a landlord for a tenant's default in the payment of rent. 2. The repair of damages to the premises, exclusive of ordinary wear and tear, caused by the tenant or by a guest or licensee of the tenant. 3. The cleaning of the premi~e upon termination of the tenancy. 4. To remedy future defaults by the tenant in any obligation under the lease/rental agreement to restore, replace or return personal property or appurtenances, exclusive of ordinary wear and tear, if the security deposit is authorized to be applied thereto by the lease/rental agreement. E. "Tenant" means a person or persons who have entered into a written or oral lease/rental agreement with the landlord by which the tenant is granted the right to inhabit, occupy or use improved real property subject to the lease/rental agreement. (Ord. 64915 1, 1999: Ord. 5879 2, 1994) 9.71.030 - Payment of interest. A landlord shall pay interest on security deposits placed with the landlord when requested when requested by a tenant at the time the lease/rental agreement is signed, at the interest rate provided in Section 9.71.020(B), after the security deposit has been held by the landlord for twelve consecutive months without a default in timely payment of the rent as provided in the lease/rental agreement. Payment within the default or grace period, if any, provided within the lease/rental agreement shall be considered timely payment. 4 Security Deposit ITEM NO.8 Before the lease/rental agreement is signed by the tenant, the landlord shall give the tenant written notice of the tenant's right to receive interest on the security deposit so that the tenant is aware of his or her rights regarding the payment of interest before he or she signs the lease/rental agreement. If the landlord fails to advise the tenant in writing, and if the tenant would otherwise qualify to receive interest as provided in this section, then the tenant shall have the right, at the option of the tenant, to demand or receive interest payments on the security deposit as herein provided, after the first twelve months of the lease/rental agreement. Notwithstanding the provisions of the foregoing paragraph, the tenant shall have the option of negotiating a lease or rental agreement with the landlord which allows the tenant to waive or forego the obligation of the landlord to pay interest on the security deposit. (Ord. 6431; 2, 1998: Ord. 587 \9 3, 1994) 9.71.032 - landlord's handling charge. The landlord shall be entitled to deduct and retain a charge for maintaining and administering the security deposit and for computing and paying interest payments therefrom as provided in this chapter. Interest shall be paid no less frequently than annually or at the time the tenancy ends. The amount of the administrative charge which the landlord may retain is ten percent (10%) of the interest amount payable to the tenant. (Ord. 644.~ 1, 1999) 9.71.040 - Applicability, mobile home park exclusion. This chapter shall apply to interest payments on security deposits for residential property rentals only, except for security deposits held by mobile home park owners or managers subject to the California Mobile Home Residency law, which security deposits are exempt from the requirement to pay interest thereon to the homeowner pursuant to California Civil Code i9 798.36(e). (Ord. 6499 2, 1999: Ord. 587[9,4, 1994) 9.71.050 - Purpose. This chapter is enacted to supplement and complement state law and is not enacted for the purpose of contravening or contradicting state law. In addition, it is the purpose of this chapter to provide a remedy for an inequity the city council perceives t6 exist with regard to tenant security deposits. The city council declares that no city personnel, no city funds and no city resources shall be used in administering, enforcing or otherwise prosecuting this chapter. The purpose of this chapter is to provide, by city ordinance, a legal remedy for tenants who do not receive interest on security deposits, but who qualify as provided in this chapter. (Ord. 587 5, [211994) 5 Security Deposit ORDINANCE NO. 845 AN ORDINANCE OF THE CITY OF ROHNERT PARK SUSPENDING THE APPLICATION OF CHAPTER 9.71, "PAYMENT OF INTEREST ON SECURITY DEPOSITS" OF TITLE 9, "PUBLIC PEACE, MORALS AND WELFARE," OF THE ROHNERT PARK MUNICIPAL CODE WHEREAS, pursuant to Chapter 9.71 of the Rohnert Park Municipal Code, a landlord must pay interest on security deposits placed with the landlord by tenants pursuant to a rental agreement; WHERAS, Chapter 9.71 was originally enacted by the City Council in 1994 via the adoption of Rohnert Park Ordinance Number 587, and was subsequently amended; WHEREAS, the purpose of the ordinance was to remedy an inequity the City Council perceived to exist with regard to tenant security deposits; WHEREAS, the City Council directed that no city personnel, funds or resources should be used in administering or enforcing Chapter 9.71; WHEREAS, in practice, staff has found that landlords seeking to achieve compliance with Chapter 9.71 often rely on city personnel and resources to calculate the interest due thereunder; WHEREAS, SInce the enactment of Chapter 9.71, interest rates have significantly decreased; WHEREAS, given the lower interest rates and the ability of landlords to retain an administrative charge, the payment of interest to tenants, if any, is often nominal; WHEREAS, the City Council reviewed the ordinance on March 13,2012 and considered alternatives; WHEREAS, the City Council now desires to suspend the application of Chapter 9.71 until such time as the interests rates have rebounded to the point that benefits of the ordinance outweigh the burden; 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. Amendments. Chapter 9.71 shall be amended as follows Section 9.71.020 subsection (B) shall be amended in its entirety to read as follows: 6 Security Deposit B. "Interest rate" or "rate of interest" means the average rate of interest, based on regular (standard) consumer savings accounts paid by the three largest banks, by funds held, in Rohnert Park. A new section shall be added to Chapter 9.71 of the Rohnert Park Municipal Code (Payment of Interest on Security Deposits) to read as follows: 9.71.060 - Suspension. Notwithstanding any other provision of this Chapter, this Chapter shall be suspended and be of no force or effect until such time as the interest rate, as defined by Section 9.71.020(B), reaches five percent (5%). At such time, the Housing Director shall return this ordinance to the Council to consider lifting the suspension. Section 3. Publication. The City Clerk is directed to certifY the adoption of this ordimince 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 27th day of March 2012 and DULY AND REGULARLY ADOPTED this 10th day of April 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 7 Security Deposit Meeting Date: Department: Submitted By: Prepared By: Agenda Title: 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 March 27, 2012 Human Resources Sophia Selivanoff, Contract Human Resources Manager Theresa Smith, Human Resources Analyst California Public Employees' Retirement System (CaIPERS) Contract Amendment RECOMMENDED ACTION: (1) Approve Resolution ofIntention to Approve an Amendment to the City's Contract with CaIPERS; and (2) Introduce an Ordinance Authorizing the Contract Amendment BACKGROUND: During labor negotiations in 2011 between the City and the Rohnert Park Public Safety Officer's Association, and the City and the Rohnert Park Public Safety Managers' Association, it was mutually agreed that a new retirement formula of "3% @ 55 Full Formula" and "Three- Year Final Compensation" would be put in place for safety employees hired after the earliest effective date on which a contract amendment with CalPERS could be completed. ANALYSIS: The City's current contract with CalPERS provides the "3% @ 50 Full Formula" and "One-Year Final Compensation" for Safety members. The employee's contribution rate is 9% and the employer's contribution rate is 24.112% of reportable earnings for current employees. The actuarial valuation completed by CalPERS to amend our contract to include the formula described above indicates that the employer's contribution rate would decrease to 20.308% of the reportable earnings of new employees. The employee's contribution remains 9%. This change will reduce the employer's costs for retirement benefits over time as current employees are replaced. OPTIONS CONSIDERED: Last year's negotiations with the public safety bargaining units considered a variety of options in order to realize savings in overall personnel c~sts. FISCAL IMPACTIFUNDING SOURCE: This is a long-term structural change to pension benefits, and immediate cash savings are not anticipated. Ultimately, savings of at least 2.460% of public safety's payroll annually are projected based on the actuarial data provided by CaIPERS. 1 Department Head Approval Date: City Manager Approval Date: 3/15/12 City Attorney Approval Date: Attachments (list in packet assembly order): 1. Resolution 2. Ordinance 3. Summary of Major Provisions ITEM NO.9 2 RESOLUTION NO. 2012-35 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE , CITY COUNCIL CITY OF ROHNERT PARK WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendmentsto said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 20475 (Different Level of Benefits). Section 21363.1 (3% @ 55 Full formula) and Section 20037 (Three-Year Final Compensation) are applicable to local safety members entering membership for the first time in the safety classification after the effective date of this amendment to contract. NOW, THEREFOR~, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. By: Presiding Officer March 27. 2012 Date adopted and approved Mayor Title ATTEST: (Amendment) CON.302 (Rev. 4/96) City Clerk A CalPERS EXHIBIT California Public Employees' Retirement System . - AMENDMENT TO CONTRACT Between the Board of Administration Ca1i~ornia Pub1ie Emp1oyees' Retirement System and the City Council City of Rohnert Park . The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1965, and witnessed May 17, 1965, and as amended effective August 2, 1972, October 1, 1977, January 1, 1980, June 1, 1987, March 1, 1990, February 14, 1992, June 27, 1992, July 1, 1997, July 1, 1998, October 25, 2002, July 1, 2007, July 1, 2008 and July 1, 2011 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 15 are hereby stricken from said contract as executed effective July 1, 2011, and hereby replaced by the following paragraphs numbered 1 through 16 inclusive: 1 . All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members; age 50 for local safety members entering membership in the safety classification on or prior to the effective date of this amendment to contract and age 55 for local safety members entering membership for the first time in the safety classification after the effective date of this amendment to contract. 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1965 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CaIPERS) and its trustees, agents and employees, the CalPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorneys fees that may arise as a result of any of the following: (a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-CaIPERS retirement program. (b) Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than existing retirement benefits, provisions or formulas. (c) Public Agency's agreement with a third party other than CalPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law. (d) Public Agency's election to file for bankruptcy under Chapter 9 (commencing with section 901) of Title 11 of the United States Bankruptcy Code and/or Public Agency's election to reject this Contract with the CalPERS Board of Administration pursuant to section 365, of Title 11, of the United States Bankruptcy Code or any similar provision of law. (e) Public Agency's election to assign this Contract without the prior written consent of the CaIPERS' Board of Administration. (f) The termination of this Contract either voluntarily by request of Public Agency or involuntarily pursuant to the Public Employees' Retirement Law. (g) Changes sponsored by Public Agency in existing retirement benefits, provisions or formulas made as a result of amendments, additions or deletions to California statute or to the California Constitution. 4. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members). 5. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 6. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20305 supersedes this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after July 1, 2007 shall be determined in accordance with Section 21354 of said Retirement Law subject to the reduction provided therein for Federal Social Security (2% at age 55 Modified and Full). 8. The percentage of final compensation to be. provided for each year of credited prior and current service as a local miscellaneous member in employment on or after July 1, 2007 and not entering membership for the first time in the miscellaneous classification after July 1, 2011 shall be determined in accordance with Section 21354.5 of said Retirement Law subject to the reduction provided therein for Federal Social Security (2.7% at age 55 Modified and Full). 9. The percentage of final compensation to be provided for each year of credited current service as a local miscellaneous member entering membership for the first time in the miscellaneous classification after July 1, 2011 shall be determined in accordance With Section 21354 of said Retirement Law (2% at age 55 Modified and Full). 10. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member entering membership in the safety classification on or prior to the effective date of this amendment to contract shall be determined in accordance with Section 21363.2 of said Retirement Law (3% at age 50 Full). 11. The percentage of final compensation to be provided for each year of credited current service as a local safety member entering membership for the first time in the safety classification after the effective date of this amendment to contract shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full). 12. Public Agency elected and elects to be subject to the following optional provisions: a. Section 21573 (Third Level of 1959 Survivor Benefits). b. Section 20965 (Credit for Unused Sick Leave). c. Section 21335 (5% Cost-of-Living Allowance) for those local miscellaneous members and local safety members entering membership in the miscellaneous or safety classification on or prior to July 1, 2008. d. Section 20042 (One-Year Final Compensation) for local miscellaneous members and for those local safety members entering membership on or prior to the effective date of this amendment to contract. e. Section 21024 (Military Service Credit as Public Service). f. Section 20903 (Two Years Additional Service Credit). g. Section 21027 (Military Service Credit for Retired Persons). h. Section 21023.5 (Public Service Credit for Peace Corps, AmeriCorps VISTA, or AmeriCorps Service). i. Section 20475 (Different Level of Benefits). Section 21335 (2% Annual Cost-of-Living Allowance Increase) is applicable to local miscellaneous and local safety members entering membership for the first time in the miscellaneous or safety classification after July 1,2008. Section 21354 (2% @ 55 Full formula) is applicable to local miscellaneous members entering membership for the first time in the miscellaneous classification after July 1, 2011. Section 21363.1 (3% @ 55 Full formula) and Section 20037 (Three- Year Final Compensation) are applicable to local safety members entering membership for the first time in the safety classification after the effective date of this amendment to contract. 13. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 14. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 15. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 16. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL CITY OF ROHNERT PARK BY KAREN DE FRANK, CHIEF CUSTOMER ACCOUNT SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY PRESIDING OFFICER Witness Date Attest: Clerk Approved as to form: City Attorney AMENDMENT CalPERS ID #1238309969 PERS-CON-702A ORDINANCE NO. 846 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, does hereby ordain as follows: Section 1. That an amendment to the contract between the City Council of the City of Rohnert Park and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full. Section 2. The Mayor of the City Council is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. Section 3. This Ordinance shall take effect 30 days after the date of its adoption and prior to the expiration of 15 days from the passage thereof shall be published at least once in The Community Voice, a newspaper of general circulation, published and circulated in the City of Rohnert Park and thenceforth and thereafter the same shall be in full force and effect. This ordinance was introduced on the 27th day of March, 2012 and DULY AND REGULARLY ADOPTED this _ day of ,2012 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor APPROVED AS TO FORM: City Attorney A CalPERS EXHIBIT California Public Employees' Retirement System '. AMENDMENT TO CONTRACT Between the Board of Administration Californ.ia Pul:)lic Emplayees' Reti.rement System and the City Council City of Rohnert Park . The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1965, and witnessed May 17, 1965, and as amended effective August 2, 1972, October 1, 1977, January 1, 1980, June 1, 1987, March 1, 1990, February 14, 1992, June 27, 1992, July 1, 1997, July 1, 1998, October 25, 2002, July 1, 2007, July 1, 2008 and July 1, 2011 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 15 are hereby stricken from said contract as executed effective July 1, 2011, and hereby replaced by the following paragraphs numbered 1 through 16 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members; age 50 for local safety members entering membership in the safety classification on or prior to the effective date of this amendment to contract and age 55 for local safety members entering membership for the first time in the safety classification after the effective date of this amendment to contract. 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1965 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CaIPERS) and its trustees, agents and employees, the CalPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorneys fees that may arise as a result of any of the following: (a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-CaIPERS retirement program. (b) Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than existing retirement benefits, provisions or formulas. (c) Public Agency's agreement with a third party other than CalPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law. (d) Public Agency's election to file for bankruptcy under Chapter 9 (commencing with section 901) of Title 11 of the United States Bankruptcy Code and/or Public Agency's election to reject this Contract with the CalPERS Board of Administration pursuant to section 365, of Title 11, of the United States Bankruptcy Code or any similar provision of law. (e) Public Agency's election to assign this Contract without the prior written consent of the CalPERS' Board of Administration. (f) The termination of this Contract either voluntarily by request of Public Agency or involuntarily pursuant to the Public Employees' Retirement Law. (g) Changes sponsored by Public Agency in existing retirement benefits, provisions or formulas made as a result of amendments, additions or deletions to California statute or to the California Constitution. 4. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members). 5. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 6. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20305 supersedes this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to Janu,ary 1, 1975. 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after July 1 J 2007 shall be determined in accordance with Section 21354 of said Retirement Law subject to the reduction provided therein for Federal Social Security (2% at age 55 Modified and Full). 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after July 1, 2007 and not entering membership for the first time in the miscellaneous classification after July 1, 2011 shall be determined in accordance with Section 21354.5 of said Retirement Law subject to the reduction provided therein for Federal Social Security (2.7% at age 55 Modified and Full). 9. The percentage of final compensation to be provided for each year of credited current service as a local miscellaneous member entering membership for the first time in the miscellaneous classification after July 1, 2011 shall be determined in accordance With Section 21354 of said Retirement Law (2% at age 55 Modified and Full). 10. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member entering membership in the safety classification on or prior to the effective date of this amendment to contract shall be determined in accordance with Section 21363.2 of said Retirement Law (3% at age 50 Full). 11. The percentage of final compensation to be provided for each year of credited current service as a local safety member entering membership for the first time in the safety. classification after the effective date of this amendment to contract shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full). 12. Public Agency elected and elects to be subject to the following optional provisions: a. Section 21573 (Third Level of 1959 Survivor Benefits). b. Section 20965 (Credit for Unused Sick Leave). c. Section 21335 (5% Cost-of-Living Allowance) for those local miscellaneous members and local safety members entering membership in the miscellaneous or safety classification on or prior to July 1, 200R d. Section 20042 (One-Year Final Compensation) for local miscellaneous members and for those local safety members entering membership on or prior to the effective date of this amendment to contract. 8. Section 21024 (Military Service Credit as Public Service). f. Section 20903 (Two Years Additional Service Credit). g. Section 21027 (Military Service Credit forRetired Persons). h. Section 21023.5 (Public Service Credit for Peace Corps, AmeriCorps VISTA, or AmeriCorps Service). I. Section 20475 (Different Level of Benefits). Section 21335 (2% Annual Cost-of-Living Allowance Increase) is applicable to local miscellaneous and local safety members entering membership for the first time in the miscellaneous or safety classification after July 1,2008. Section 21354 (2% @ 55 Full formula) is applicable to local miscellaneous members entering membership for the first time in the miscellaneous classification after July 1, 2011. Section 21363.1 (3% @ 55 Full formula) and Section 20037 (Three- Year Final Compensation) are applicable to local safety members entering membership for the first time in the safety classification after the effective date of this amendment to contract. 13. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 14. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 15. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 16. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL CITY OF ROHNERT PARK BY KAREN DE FRANK, CHIEF CUSTOMER ACCOUNT SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY PRESIDING OFFICER Witness Date Attest: Clerk Approved as to form: City Attorney AMENDMENT CalPERS 10 #1238309969 PERS-CON-702A . CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Branch Public Agency Contract Services (888) CalPERS (225-7377) SUMMARY OF MAJOR PROVISIONS 3% @ 55 Formula (Section 21363.1) Local Safety Members SERVICE RETIREMENT To be eligible for service retirement, a member must be at least age 50 and have five years of CalPERS credited service. If provided by the employer's contract, mandatory retirement age for local safety members is age 60. The monthly retirement allowance is determined by age at retirement, years of service credit and final compensation. The basic benefit is 3% of final compensation for each year of credited service upon retirement at age 55. If retirement is earlier than age 55, the percentage of final compensation decreases for each quarter year of attained age to 2.40% at age 50. The allowance is limited to 90% of final compensation. Final compensation is the average monthly pay rate during the last consecutive 36 months of employment, or 12 months if provided by the employer's contract, unless the member designates a different period of 36 or 12 consecutive months when the average pay rate was higher. Certain items of special compensation earned during your final compensation period will be included in your final compensation, in accordance with Board regulations. DISABILITY RETIREMENT Members substantially incapacitated from performing the usual duties for the position for his/her current employer would be eligible for disability retirement provided they have at least five years of service credit. The monthly retirement allowance is 1.8% of final compensation for each year of service. The maximum percentage for members who have between 10.000 and 18.518 years of service credit is one-third of their final compensation. If the member is eligible for service retirement the member will receive the highest allowance payable, service or disability. If provided by the employer's contract, the benefit would be a minimum of 30% of final compensation for the first five years of service credit, plus 1 % for each additional year of service to a maximum benefit of 50% of final compensation. INDUSTRIAL DISABILITY RETIREMENT. Members permanently incapacitated from performing their duties, as defined above under Disability Retirement, and the disability is a result of a job-related injury or illness may receive an Industrial Disability Retirement benefit equal to 50% of their final compensation. If provided in the employer's contract and the member is totally disabled, the disability retirement allowance would equal 75% of final compensation in lieu of the disability retirement allowance otherwise provided. If the member is eligible for service retirement, the service retirement allowance is payable. The total allowance cannot exceed 90% of final compensation. PRE-RETIREMENT DEATH BENEFITS Basic Death Benefit: This benefit is a refund of the member's contributions plus interest and up to six months' pay (one month's salary rate for each year of current service to a maximum of six months ). PERS-CON-53 (rev. 6/07) 1957 Survivor Benefit: An eligible beneficiary may elect to receive either the Basic Death Benefit or the 1957 Survivor Benefit. The 1957 Survivor Benefit provides a monthly allowance equal to one- half of the highest service retirement allowance the member would have received had he/she retired on the date of death. The 1957 Survivor Benefit is payable to the surviving spouse or registered domestic partner until death or to eligible unmarried children until age 18. 1959 Survivor Benefit: (If provided by the employer's contract and the member is not covered under social security.) A surviving spouse or registered domestic partner and eligible children may receive a monthly allowance as determine by the level of coverage. This benefit is payable in addition to the Basic Death Benefit or 1957 Survivor Benefit. Children are eligible if under age 22 and unmarried. Pre-Retirement Option 2W Death Benefit: (If provided by the employer's contract.) The spouse or registered domestic partner of a deceased member, who was eligible to retire for service at the time of death, may to elect to receive the Pre-Retirement Option 2W Death Benefit in lieu .of the lump sum Basic Death Benefit. The benefit is a monthly allowance equal to the amount the member would have received if he/she had retired for service on the date of death and elected Option 2W, the highest monthly allowance a member can leave a spouse or registered domestic partner. Special Death Benefit: A surviving spouse, registered domestic partner, or eligible children or step children may receive a monthly allowance equal to one-half of the final compensation. If the cause of death is due to external violence or physical force while on the job, and there are eligible surviving children in addition to a spouse or registered domestic partner, the allowance may be increased to a maximum of 75%. COST-OF-L1VING ADJUSTMENTS The cost of living allowance increases are limited to a maximum of 2% compounded annually unless the employer's contract provides a 3, 4, or 5% increase. DEATH AFTER RETIREMENT The lump sum death benefit is $500 (or $600, $2,000, $3,000, $4,000 or $5,000 if provided by the employer's contract) regardless of the retirement plan chosen by the member at the time of retirement. TERMINATION OF EMPLOYMENT Members who have separated from employment may elect to leave their contributions on deposit or request a refund of contributions and interest. Those who leave their contributions on deposit may apply at a later date for a monthly retirement allowance if the minimum service and age requirements are met. Members who request a refund of their contributions terminate their membership and are not eligible for any future benefits unless they return to CalPERS membership. EMPLOYEE CONTRIBUTIONS Local safety members covered by the 3% @ 55 formula contribute 9% of reportable earnings. Those covered under a modified formula (coordinated with Social Security) do not contribute on the first $133.33 earned. The employer also contributes toward the cost of the benefits. The amount contributed by the employer for current service retirement benefits generally exceeds the cost to the employee. In addition, the employer bears the entire cost of prior service benefits (the period of time before the employer provided retirement coverage under CaIPERS). All employer contribution rates are subject to adjustment by the CalPERS Board of Administration. PERS-CON-53 (rev. 6/07) A CalPERS California Public Employ...' R.tirem.nt Syst.m Actuarial Office P.O. Box 942709 Sacramento. CA 94229-2709 TTY: (916) 795-3240 (888) 225-7377 phol"le' (916) 195-2744 fax www.calpers.ca.gov December 22, 2011 CALPERS ID: 1238309969 Employer Name: OTY OF ROHNERT PARK Rate Plan: SAFETY SECOND TIER PLAN Re: New Third Tier Plan for Police members only (Section 20475: Different Level of Benefits Provided for New Employees; Section 21363.1: 3.0%@55 Full Formula; Section 20037: Three-Year Final Compensation) Dear Requestor: In the tables below, we show your 2011-2012 and 2012-2013 employer contribution rates before and after opening a third tier. Of the rate components shown below, the first two are specific to the pool to which the plan belongs and others are specific to your agency. However, the Phase out of Normal Cost Difference will normally be 0% beginning with'rates established for 2011-2012, so it has no impact from that time on. The Side Fund will continue to be paid off by the second tier plan since all the past service on which it is based belongs to those current members who will continue in the second tier. The scheduled dollar amounts payable will continue as before. However, because newly hired members will be covered by the third tier, the number of members and payroll in the second tier will (after several years) gradually decline. The Amortization of Side Fund rate component is the dollars needed to payoff the side fund divided by the payroll. So as long as the Side Fund remains, the second tier rate will increase as its payroll decreases. The second tier side fund is scheduled to be paid off after 0 years from June 30, 2012. Therefore, in determining the employer contributions savings, Amortization of Side Fund should be excluded. For your agency, the ultimate annual employer savings equals the difference between the Normal Cost and Surcharges rates times the third tier payroll. For 2011-2012 the Normal Cost and Surcharges percentage savings is (17.164%+1.021%) - (15.725%+0.000%) = 2.460%. Based on the 2009 valuation, the ultimate employer annual dollar savings would then be 2.5% times the third tier fiscal year payroll. The Risk Pool's Payment on Amortlzatlon eases is a temporary adjustment to the pool's contribution to "get the pool back on schedule". This temporary adjustment varies in amount and duration from pool to pool. As of June 30, 2009 Existing Plan New Third Tier Plan 3.0%@50 and One- 3.0%@55 and Three-Year Final Year Final Compensation for newly hired Compensation members 2011-2012 Employer Contribution Rate: Risk PooI's Net Employer Normal Cost 17.164% 15.725% A.lsk PooI's payment on Amortization 8ases 5.927% 4.583% One-Year Final Compensation 1.021 % 0.000% Phase out of Normal Cost Difference 0.000% 0.000% Amortization of Side Fund 0.000% 0.000% , Total Employer Contribution Rate 24.112% 20.308% 2011-2012 Employee Contribution Rate 9.000% 9.000% California Public employees' Ftetlrem.nt System www.calpers.ca.gov SAFETY THIRD TIER PLAN OF THE 0lY OF ROHNERT PARK (CALPERS ID: 1238309969) December 2011 Page 2 For 2012-2013 the percentage savings is (17.245%+1.025%) - (15.524%+0.000%) = 2.746%. Based on the 2010 valuation, the ultimate employer annual dollar savings would then be 2.7% times the third tier fiscal year payroll. The Risk Pool's Payment on Amortization Bases is a temporary adjustment to the pool's contribution to "get the pool back on schedule". This temporary adjustment varies in amount and duration from pool to pool. As of June 30, 2010 Existing plan New Third Tier Plan 3.0%@50 and One- 3.0%@55 and Three-Year Final Year Final Compensation for newly hired Compensation members 2012-2013 Employer Contribution Rate: Risk Pool's Net Employer Nonnal Cost 17.245% 15.524% Risk Pool's Payment on Amortization Bases 6.436% 4.533% One-Year Final Compensation 1.025% 0.000% Phase out of Normal Cost Difference 0.000% 0.000% Amortization of Side Fund 0.000% 0.000% Total Employer Contribution Rate 24.706% 20.057% 2012~2013 Employee Contribution Rate 9.000% 9.000% To initiate an amendment to the contract, please follow the Contract Amendment Report process on MyCaIPERS with our Retirement Contract Services Unit, indicating your wish to contract for Section 20475 (Different Level of Benefits) and identifying the group(s) to which the benefit reduction applies. In sections 20463 (b) and (c), the Califomia Public Employees' Retirement Law requires the governing body of a public agency within five days of receipt of the contract amendment cost analysis, to provide each employee organization with a copy of the analysis. If this cost analysiS was requested by an employee organization, the employee organization is also required within five days of receipt of the analysis, to provide a copy of the analysis to the public agency. The June 30, 2010 Section 2 Risk Pool actuarial valuation report applicable to your new third tier plan can be viewed on the following website: http:j jwww.calpers.ca.gov jindex.jsp ?bc= jemployer jactuarial-gasbjrisk -poolingjvaluation-reports.xml If you have questions, please call (888) CaIPERS (225-7377). 1)~- ~--. .. - BARBARAJ.\NARE, FSA, MAAA Enrolled Actuary Senior Pension Actuary, CalPERS A CalPERS Callfomla Public Employe..' Retirement System Actuarial Office P.O. Box 942709 Sacramento, CA 94229-2709 TTY: (916) 795-3240 (888) 225-7371 phone' (916) 795-2744 fax www.calpers.ca.gov December 22, 2011 CALPERSID: 1238309969 Employer Name: CITY OF ROHNERT PARK Rate Plan: SAFETY SECOND TIER PLAN Re: New Third Tier Plan for Fire members only (Section 20475: Different Level of Benefits Provided for New Employees; Section 21363.1: 3.0%@55 Full Formula; Section 20037: Three-Year Final Compensation) Dear Requestor: In the tables below, we show your 2011-2012 and 2012-2013 employer contribution rates before and after opening a third tier. Of the rate components shown below, the first two are specific to the pool to which the plan belongs and others are specific to your agency. However, the Phase out of Normal Cost Difference will normally be 0% beginning with rates established for 2011-2012, so it has no impact from that time on. The Side Fund will continue to be paid off by the second tier plan since all the past service on which it is based belongs to those current members who will continue in the second tier. The scheduled dollar amounts payable will continue as before. However, because newly hired members will be covered by the third tier, the number of members and payroll in the second tier will (after several years) gradually decline. The Amortization of Side Fund rate component is the dollars needed to payoff the side fund divided by the payroll. So as long as the Side Fund remains, the second tier rate will increase as its payroll decreases. The second tier side fund is scheduled to be paid off after 0 years from June 30, 2012. Therefore, in determining the employer contributions savings, Amortization of Side Fund should be excluded. For your agency, the ultimate annual employer savings equals the difference between the Normal Cost and Surcharges rates times the third tier payroll. For 2011-2012 the Normal Cost and Surcharges percentage savings is (17.164%+1.021%) - (15.725%+0.000%) = 2.460%. Based on the 2009 valuation, the ultimate employer annual dollar savings would then be 2.5% times the third tier fiscal year payroll. The Risk Pool's Payment on Amortization Bases is a temporary adjustment to the pool's contribution to "get the pool back on schedule". This t~mporary adjustment varies in amount and duration from pool to pool. As of June 30, 2009 Existing Plan New Third Tier Plan 3.0%@50 and One- 3.0%@55 and Three-Year Final Year Final Compensation for newly hired Compensation members 2011-2012 Employer Contribution Rate: Risk Pool's Net Employer Normal Cost 17.164% 15.725% Risk pool's Payment on Amortization 8ases 5.927% 4.583% One-Year Final Compensation 1.021 % 0.000% Phase out of Normal Cost Difference 0.000% 0.000% Amortization of Side Fund 0.000% 0.000% Total Employer Contribution Rate 24.112% 20.308% 2011-2012 Employee Contribution Rate 9.000% 9.000% Califomi. Public Imploy...' RetiNment System www.calpers.ca.gov SAFETY THIRD TIER PLAN OF THE CIll' OF ROHNERT PARK (CALPERS ID: 1238309969) December 2011 Page 2 For 2012-2013 the percentage savings is (17.245%+1.025%) - (15.524%+0.000%) = 2.746%. Based on the 2010 valuation, the ultimate employer annual dollar savings would then be 2.7% times the third tier fiscal year payroll. The Risk Pool's Payment on Amortization Bases is a temporary adjustment to the pool's contribution to "get the pool back on schedule". This temporary adjustment varies in amount and duration from pool to pool. As of June 30,2010 Existing Plan New Third lier Plan 3.0%@50 and One- 3.0%@55 and Three-Year Final Year Final Compensation for newly hired Compensation members 2012-2013 Employer Contribution Rate: Risk Pool's Net Employer Nonnal Cost 17.245% 15.524% Risk Pool's Payment on Amortization Bases 6.436% 4.533% One-Year Final Compensation 1.025% 0.000% Phase out of Normal Cost Difference 0.000% 0.000% Amortization of Side Fund 0.000% 0.000% Total Employer Contribution Rate 24.706% 20.057% 2012-2013 Employee Contribution Rate 9.000% 9.000% To initiate an amendment to the contract, please follow the Contract Amendment Report process on MyCaIPERS with our Retirement Contract Services Unit, indicating your wish to contract for Section 20475 (Different Level of Benefits) and identifying the group(s) to which the benefit reduction applies. In sections 20463 (b) and (c), the California Public Employees' Retirement Law requires the governing body of a public agency within five days of receipt of the contract amendment cost analysis, to provide each employee organization with a copy of the analysis. If this cost analysis was requested by an employee organization, the employee organization is also required within five days of receipt of the analysis, to provide a copy of the analysis to the public agency. The June 30, 2010 Section 2 Risk Pool actuarial valuation report applicable to your new third tier plan can be viewed on the following website: http://www.calpers.ca.gov /index.jsp ?bc= /employer /actuarial-gasb/risk-pooling/valuation-reports.xml If you have questions, please call (888) CaIPERS (225-7377). 1>~.......... ~... '- BARBARAJ.VVARE, FSA, MAAA Enrolled Actuary Senior Pension Actuary, CaIPERS SUMMARY OF ORDINANCE NO. 846 OF THE CITY OF ROHNERT PARK, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CalPERS) Pursuant to Government Code Section 36933 (c), the following constitutes a summary of Ordinance No. 846 introduced by the Rohnert Park City Council on March 27, 2012, and scheduled for consideration of adoption on April 24, 2012, at its meeting to be held in the City Council Chamber, 130 Avram Avenue, Rohnert Park, California. The purpose of Ordinance No. 846 is to amend the City of Rohnert Park's contract with the California Public Employees' Retirement System (CalPERS) to provide Section 20475 (Different Level of Benefits). Section 21363.1 (3% @ 55 Full Formula) and Section 20037 (Three- Year Final Compensation) are applicable to local safety members entering membership for the first time in the safety classification after the effective date of this amendment to contract. To implement this change in retirement formula for new-hire safety members, the City must amend its contract with CalPERS by ordinance. The retirement formula for current safety members is (3% @ 50 Full Formula) and (One-Year Final Compensation). If this ordinance is adopted, the retirement formula will be (3% at 55 Full Formula) and (Three-Year Final Compensation) for local safety member~ hired after the effective date of this amendment to contract. A certified copy of the full text of Ordinance No. 846 is posted and available for review in the City Clerk's Office at City Hall, 130 Avram Avenue, Rohnert Park, California. This ordinance shall be in full force and effective thirty (30) days after its adoption and publication and posting as required by law. This ordinance was introduced by the Council of the City of Rohnert Park on the March 27, 2012, and is scheduled for consideration of adoption on April 24, 2012. DATED: March 28,2012 PUBLISHED: March 30, 2012 Carol Adams, Interim City Clerk ITEM NO. 10 Mission Statement "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow. " CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: Department: , Submitted By: Prepared By: Agenda Title: March 27,2012 Administration Gabriel A. Gonzalez, City Manager Cathy Onne, Interim Finance Manager Draft Recognized Obligation Payment Schedule for July 1,2012- December 31, 2012 RECOMMENDED ACTION: (I) Consideration of approving a Draft Recognized Obligation Payment Schedule for July 1,2012- December 31, 2012 Pursuant to Section 34177 of the California Health and Safety Code. BACKGROUND: Recognized Obligation Payment Schedules ("ROPS") must be prepared every six months and certified by the County Auditor-Controller prior to approval by Successor Agency Oversight Boards. Pursuant to AB IX 26, the ROPS should be certified by the County Auditor-Controller and approved by the Oversight Board by April 15, 2012. Given the short time frame for certification of the initial ROPS, which covers January 1, 2012 through June 30, 2012, and second ROPS that will take effect on July 1, 2012, and cover July 1, 2012 through December 31, 2012, staff will need to ensure that both ROPS are available for certification and approval before the April 15th deadline. For that reason, staff has prepared a draft ROPS for consideration and approval by the City Council, acting in its capacity as Successor Agency. FISCAL IMPACT/FUNDING SOURCE: There is no fiscal impact that will be realized from the Successor Agency's adoption of a Draft ROPS. The Successor Agency is not liable for the obligations of the fonner redevelopment agency; however, there may be an indirect impact in that items excluded from the ROPS may represent current and/or future revenue streams to the City of Rohnert Park. Department Head Approval Date: City Manager Approval Date: 3/20/12 City Attorney Approval Date: Attachments (list in packet assembly order): 1. Resolution a. Attachment -Draft Recognized Obligation Payment Schedule 1 RESOLUTION NO. 2012-36 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, AS SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK, APPROVING THE DRAFT RECOGNIZED OBLIGATION PAYMENT SCHEDULE FORJUL Y 1, 20l2-DECEMBER 31,2012 PURSUANT TO SECTION 34177 OF THE CALIFORNIA HEALTH AND SAFETY CODE WHEREAS, in accordance with Section 34171 U) of the California Community Redevelopment Law (Health & Safety Code S 33000 et seq.) ("CRL"), the City Council ofthe City of Rohnert Park ("City" or "City Council," as applicable) is the successor agency to the former Community Development Commission of the City of Rohnert Park ("Commission"), and is responsible for, among other things, winding down the dissolved Agency's affairs, continuing to meet the Agency's enforceable obligations, overseeing completion of redevelopment projects and disposing of the assets and properties of the Agency, all as directed by the oversight board to be created pursuant to Section 34179 of the CRL ("Oversight Board"); and WHEREAS, pursuant to Section 34177 of the CRL, a draft recognized obligation payment schedule for the period July 1 through December 31, 2012 (the "Draft RaPS"), has been prepared for purposes of submission to the Sonoma County Auditor-Controller for preparation of an audit of the Draft RaPS and certification of its accuracy in accordance with Section 34177(l)(2)(A) of the CRL and for submission of the certified recognized obligation payment schedule ("RaPS") to the Oversight Board for approval in accordance with Section 34177(l)(2)(B) of the CRL. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park, as Successor Agency to the Community Development Commission of the City of Rohnert Park, does hereby resolve as follows: Section 1. The City Council hereby adopts the Draft Recognized Obligation Payment Schedule for July 1, 2012 - December 31,2012, attached hereto as Exhibit A. Section 2. The City Manager is hereby directed to submit the Draft RaPS to the Sonoma County Auditor-Controller for its audit and certification and to submit the certified RaPS to the Oversight Board for approval, and to take any other actions that may be required in order to obtain Oversight Board approval of the certified RaPS, including, without limitatiori, making amendments to the certified RaPS required by the Sonoma County Auditor-Controller or the Oversight Board. DULY AND REGULARLY ADOPTED this 2ih day of March, 2012. CITY OF ROHNERT PARK Mayor ATTEST: City Clerk OAK #4835-6498-2287 v2 1 h i t- 7\ n Name of Successor Agency: Ci of Rohnert Park Former Redevelopment Agency Community Development Commission of the City of Rohnert Park SECOND DRAFT RECOGNIZED OBLIGATION PAYMENT SCHEDULE - OTHER OBLIGATIONS Per AS 26 - Section 34167 and 34169 (') - - -- - -- - -- - - - " "" —" I Total Outstanding Debt or Obliaation Total Due During Fiscal Year Payment Payments b Month (July 1, 2012 through December 31, 2012 Project Name /Debt Obligation Payee Description Source July August September October November December Total Various improvements to Community Center Campus as recommended by the Consultants & City of Feasibility Study (see item #21- page 1) Rohnert Park including energy savings improvements, - Reimbursement for Staff redesign of the center plaza area, RohneR Park Community Center Time Chargeable to development of adjacent vacant lot and 1 Im rovements Projects other phased projects. 2,433,673.00 Bond Proceeds 0.00 Improve recreational and community $ " facilities serving the Project Area. Consultants & City of Several projects have been identified Rohnert Park including an acquatics facility, Reimbursement for Staff water /spray parks and all- weather sports Recreational and Communty Facilities Time Chargeable to fields. Feasibility studies are underway 2 Improvements Pro ects see item #22 - page 1). 3,140,935.00 Bond Proceeds 0.00 Consultants & City of $ Rohnert Park Program will provide low interest loans Reimbursement for Staff for farade improvements and commercial Commercial Building Improvement Time Chargeable to rehabilitation of commercial properties 3 Pr ram Projects withinn the Project Area 1.605.000.00 Bond Proceeds 0.00 Modification of an existing City -owned $ Consultants & City of building to utilize it as a temporary fire Rohnert Park station to service portions of the Project Reimbursement for Staff Area. Facility will provide service until Time Chargeable to such time as funding is available for a 4 Tempor_ary Fire Station Facility Projects permanent facility. 267,500.00 Bond Proceeds 0.00 Consultants & City of $ - Rohnert Park Reimbursement for Staff Based on Corridor Plan, develop Time Chargeable to functional signage for major streets and 5 Community Sign Program Projects mabr attractions. 377,571.00 Bond Proceeds 1 0.00 Consultants & City of $ " Rohnert Park Programs provides assistance to Reimbursement for Staff residential property owners for Time Chargeable to improvements such as painting, 6 Neighborhood Beautification Program Projects landscaping and other improvements. 30,000.00 LMIHF 0.00 Redevelop former City Hall site and two $ Consultants & City of contiguous parcels (6230 Commerce Rohnert Park Blvd., 100 and 120 Avram Avenue) Reimbursement for Staff based on findings made in feasibility Avram Development/Former City Hall Time Chargeable to study related to affordable housing Housing Bond 7 Reuse Projects obli ations. 4,731,540.00 Proceeds 0.00 Consultants & City of $ Rohnert Park Redevelop property with 17 very-low Reimbursement for Staff income housing units or an alternative Time Chargeable to use focused on creating a public 8 Southwest Fire Station Reuse Projects assistance site. 2,140,000.00 Bond Proceeds 0.00 $ "Exhibit A" Name of Successor Agency: City of Rohnert Park 1 1 Former Redevelopment Agency Community Development Commission of the City of Rohnert ParkI _ i I SECOND DRAFT RECOGNIZED OBLIGATION PAYMENT SCHEDULE - OTHER OBLIGATIONS Per AS 26 - Section 34167 and 34169 (') I — Total Outstanding Debt or Obli anon Total Due During Fiscal Year I Payment Pay ments b Month (Jul 1, 2012 throw h December 31, 2012 Project Name / Debt Obli ation Payee Descnption Source July August September October November December Total Consultants & City of Rohnert Park Reimbursement for Staff Rohnert Park Housing Rehabilitation Time Chargeable to Provide rehabilitation loans to low and 9 Loan Program Projects very-low income households. 535,000.00 LMIHF 0.00 $ Provide financial assistance for health and safety repairs to homes occupied by low- income families with children, seniors and disabled individuals. Provide one- time rental assistance to eligible Consultants & City of residents experiencing financial difficulty. Rohnert Park Provide rental subsidy for low and very- Reimbursement for Staff low income individuals /famd es living in Assistance to Community Based Time Chargeable to CDC - owned, COTS - managed 10 Organizations Projects Transitional and Shared Living homes. 843,000.00 LMIHF 100 $ Consultants & City of Rohnert Park Housing Element identifies this site for Reimbursement for Staff redevelopment of mixed -use housing Southwest Boulevard Shopping Center Time Chargeable to with 12 affordable housing units; 4 very - 11 Site Projects ow, income and 8 low- income units. 1,840.400.00 Bond Proceeds 0.00 $ Consultants & City of Rohnert Park Purchase affordability covenants to Reimbursement for Staff restrict occupancy of Rohnert Park rental Time Chargeable to units for 55 years to low and very-low 12 Ac uisition of Affordability Covenants Projects income households. 1,161,610.00 Bond Proceeds 0.00 $ Consultants & City of Rohnert Park Provide subsidies to non -profit Reimbursement for Staff developers to increase affordable Time Chargeable to housing opportunities within the Project 13 Subsidies for Non - Profit Development Projects Area and City. 3,300,000.00 Bond Proceeds 0.00 $ Totals - Other Obligations $ 22,406,229.00 $ $ $ $ $ S- $ $ ITEM NO. 11 Mission Statement "We Carefor Our Residents by Working Together to Build a Better Community for Today and Tomorrow. " CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: March 27, 21012 Department: Development Services Submitted By: Marilyn Ponton, Planning & Building Manager Prepared By: Marilyn Ponton, Planning & Building Manager Agenda Title: Introduction of an Ordinance Amending the Development Agreement by and between City of Rohnert Park and Sonoma Mountain Village LLC/KDRP LLC. RECOMMENDED ACTION: Staff recommends Introduction of an Ordinance amending the Development Agreement for the Sonoma Mountain Village Planned Development on property located southwest of the intersection of Bodway Parkway and Camino Colegio (APNs 046-051-045, 046-051-040, and 046-051-042). BACKGROUND: OnJanuary 12,2012 the Planning Commission reviewed the proposed ordinance approving the First Amendment to the Development Agreement for the Sonoma Mountain Village (SMV) Planned Development. The Planning Commission recommended approval of the ordinance to the City Council for consideration. PROJECT SUMMARY Sonoma Mountain Village was approved as a Planned Development of a mixed-use community on .17 5 acres that currently supports the former Hewlett Packard/ Agilent technology campus and undeveloped land in August 2010. The Planned Development entitlements included general plan amendments, rezoning, and a conditional use permit to implement the planned development, a form-based zoning code and a final Development Plan. In addition to the Planned Development approvals, an ordinance approving a Development Agreement was adopted by the City Council. The Development Agreement included a prohibition on development of school sites on the Sonoma Mountain Village property. 1 ITEM NO. 11 PROPOSAL Representatives ofSMV have submitted an application to amend Section 3.05, subdivision C of the Development Agreement pertaining to school uses. Currently, Section 3.05, subdivision C of the SMV Development Agreement contains the following language: "c. Notwithstanding any other provision of this Agreement to the contrary, the parties agree that a school site is not a permitted use of the Property under this Agreement." The proposal for amendment would amend the language in Development Agreement (shown in underlined text for additions and strikethrough text for deletions) as follows: Section 3.05 - Reservation of Authority, subdivision C: C. Notwithstanding any other provision of this Agreement to the contrary, and regardless of approvals which may be given by any public school district. the California Department of Education, or any other State or local agency. the parties agree that prior to either a) the submission of an application for any City permit for development of a school, as defined below, in the SMV-PD Zoning District, or b) any demolition, grading, remodel or other construction work undertaken to develop a school in the SMV -PD Zoning District, Developer shall first receive formal approval ofthe City Council. Developer further agrees that all applications for permits and all actions taken in pursuit of approvals for development of a school on the Property shall comply with all requirements of Chapter 17.06, Article XV.A of the Rohnert Park Municipal Code, including requirements for Design Review, and that upon completion of construction, and in any event prior to occupancy, Developer shall obtain a determination from the City Manager or his or her designee that the work on the property has complied with the requirements of this subsection 3.05.C and all permits and approvals described herein. As used in this subsection 3.05.C, "school" shall have such meaning as the term "educational institution" defined in Section 17.04.030 of the Rohnert Park Municipal Codea school site is not a pelmitted use of the Property under this Agreement. ENVIRONMENTAL REVIEW An Environmental Impact Report (EIR) was prepared for the SMV Planned Development project. The EIR evaluated the impacts of the proposed uses anticipated under the Planned Development, including school uses. The City Council certified the EIR when considering the project. entitlements in August 2010. The proposed Development Agreement amendment . involves no substantial changes in the project, substantial changes with respect to the circumstances under which the Project will be undertaken or new information of substantial importance of the kind that would require additional environmental review pursuant to Section 15162 of the CEQA Guidelines. 2 ITEM NO. 11 PROJECT ANALYSIS Section 3.05, subdivision C of the Development Agreement as currently written prohibits school sites. The Developer's proposed amendment would allow school uses subject to prior review by the City Council, and such school uses would remain subject to all other applicable state and local regulations and review processes. PUBLIC NOTIFICATION AND INFORMATION A public hearing notice denoting the time, date, and location of this hearing was published in the Community Voice on March 16,2012. Property owners within 300 feet of the project site and interested parties requesting notification were also mailed notices, and the notice was posted pursuant to State law. OPTIONS CONSIDERED: 1, Not amend the Development Agreement, thereby retaining the prohibition of school uses in the Development Agreement for the Sonoma Mountain Village Planned Development. FISCAL IMPACT/FUNDING SOURCE: No General Fund impact, costs to amend the Development Agreement are paid by the Developer. Department Head Approval Date: City Manager Approval Date: City Attorney Approval Date: 3/8/12 3/8/12 Attachments: (list in packet assembly order): 1. Ordinance (DA Amendment) a. Exhibit A: First Amendment to Development Agreement 3 ORDINANCE NO. 847 AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ROHNERT PARK, SONOMA MOUNTAIN VILLAGE, LLC AND KDRP LLC FOR DEVELOPMENT OF THE PROPERTY LOCA TED A T VALLEY HOUSE DRIVE AND BODW A Y P ARKW A Y (APN'S 46-051-040,46-051-042, and 46-051-045) IN ROHNERT PARK, CA WHEREAS, Government Code ~ 65864, et seq., authorizes the City of Rolmert Park to enter into development agreements which will provide certainty, definition and commitment to developers as well as provide for necessary public improvements required by development; WHEREAS, Sonoma Mountain Village, LLC and KDRP LLC (collectively, "Developer") submitted applications to the City of Rohne11 Park for a General Plan Amendment, Planned Development (including related Conditional Use Permit), and rezoning for real property located at Valley House Drive and Bodway Parkway (APN'S 46-051-040, 46-051-042, and 46- 051-045), (the "Property"); WHEREAS, on August 24, 2010, the City Council approved those applications allowing development of the Property, which includes 1,892 residential units, approximately 825,307 square feet of commercial space, and approximately 23.5 acres of park space (the ."Project"); WHEREAS, in connection with the Project, Developer and City staff negotiated a development agreement ("Development Agreement") in accordance with the requirements of Government Code ~ 65864, et seq., and Chapter 17.21, "Development Agreement Procedure," of the Rohnert Park Municipal Code ("RPMC"), for the Property; WHEREAS, on August 24, 2010, the City Council reviewed and certified the Final EIR prepared for the Project; and has otherwise carried out all requirements for the Project pursuant to CEQA; WHEREAS, on September 14,2010, the City Council considered and adopted Ordinance No. 825 approving a Development Agreement between the City of Rohnert Park and Sonoma Mountain Village, LLC/KDRP, LLC; WHEREAS, the Developer filed Planning Application No. PL2011-009DA Amend proposing an amendment to the Development Agreement between the City of Rohnert Park and the Developer ("Development Agreement Amendment"), in connection with Planned Development for the property located at Valley House Drive and Bodway Parkway (APN'S 46- 051-040, 46-051-042, and 46-051-045); WHEREAS, on January 12, 2012 the Planning Commission held a public hearing at which time the Planning Commission reviewed the proposed Development Agreement Amendment and recommended approval by the City Council; OAK #4846-3333-8126 vI WHEREAS, pursuant to California State Law and the RPMC, public hearing notices were mailed to all property owners within an area exceeding a three hundred foot radius of the subject property and a public hearing was published for a minimum of 10 days prior to the first public hearing in the Community Voice; WHEREAS, on March 27, 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 Development Agreement Amendment; WHEREAS, the City Council has reviewed and considered the information contained in proposed Development Agreement Amendment. NOW, THEREFORE the City Council of the City of Rohnert Park does ordain as follows: SECTION 1. Findings for Adoption of Development Agreement The City Council has reviewed Planning Application No. PL2011-009DA Amend, Amendment to the Development Agreement for Sonoma Mountain Village and hereby makes the following findings: A. A duly noticed public hearing regarding the proposed Development Agreement Amendment was held by the Planning Commission on January 12,2012 in conformance 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 proposed Development Agreement Amendment was held by the City Council on March 27, 2012 in conformance with the notice provisions of Government Code SS 65090 and 65091 and the requirements of the RPMC. C. The Development Agreement, as amended b:v the proposed Development Agreement Amendment (attached as Exhibit A) is consistent with the General Plan, and would direct the Project's development in an orderly manner that benefits the City. SECTION 2. Adoption of Development Agreement Amendment The City hereby adopts the Development Agreement Amendment in substantially similar form as attached hereto and incorporated herein as Exhibit A. SECTION 3. Compliance with the California Environmental Quality Act. The City Council has certified a Final Environmental Impact Report for the Sonoma Mountain Village Planned Development, which evaluated the impacts of the Project, including implementation of this ordinance, and adopted associated CEQA Findings, a Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program in Resolution No. 2010- 101. OAK #4846-3333-8J26 vI 2 SECTION 4. Compliance with State Law A. The City will act in accordance with the provisions of Government Code SS 65856(e) and 66006. B. In accordance with Government Code SS 65868.5, no latcr than 10 days after the City enters into the Development Agreement Amendment, the City Clerk will record the Development Agrccment Amendment with the County Recorder. C. In accordance with Government Code SS 65865.1 and RPMC Section 17.21.050(A), the City will conduct an annual rcview of the Development Agreement, as amended by the Dcvelopment Agreement Amendment, to ensure compliance with the terms. SECTION 5. 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 affcct the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases. SECTION 6. 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 March 27, 2012, and was adopted on April 10, 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 OAK #4846-3333-8]26 vI 3 EXHIBIT "A" FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("Amendment") is entered into as of the day of 20]2, by and among SONOMA MOUNTAIN VILLAGE, LLC, a California limited liability company ("SMV"), KDRP LLC, a California limited liability company ("KDRP"), and the CITY OF ROHNERT PARK, a California municipal corporation ("City"). SMVand KDRP are sometimes collectively referred to herein as "Developer," and City and Developer are sometimes referred to herein as a "Party" and collectively as "Parties." RECITALS A. The Parties have previously entered into that certain Development Agreement by and among the City of Rohnert Park and Sonoma Mountain Village, LLC and KDRP LLC dated as of September ]4, 20io and recorded on October ],20]0 as Instrument Number 2010084467 in the Official Records of Sonoma County ("Development Agreement"). B. school site. Section 3.05.C of the Deve]opment Agreement has prohibited use of the Property for a C. The PaJiies now desire to amend the Development Agreement to allow schoo] uses on the Property subject to prior review and approval by the City Council of the City of Rohnert Park. AGREEMENT NOW, THEREFORE, in consideration of the promises, covenants and provisions set forth herein, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. Defined Terms. All capitalized terms used and not otherwise defined in this Amendment shall have the same meaning in this Amendment as in the Development Agreement. 2. Amendment of Development Agreement. Section 3.05, subsection C of the Development Agreement is amended and restated in its entirety to read as follows: "Notwithstanding any other provision of this Agreement to the contrary, and regardless of approvals which may be given by any public school district, the California Department of Education, or any other State or local agency, the parties agree that prior to either a) the submission of an application for any City permit for development of a school, as defined below, in the SMV -PD Zoning District, or b) any demolition, grading, remodel or other construction work undertaken to develop a school in the SMV-PD Zoning District, Developer shall first receive formal approval of the City Council. Developer further agrees that all applications for permits and all actions taken in pursuit of approvals for development of a school on the Property shall comply with all requirements of Chapter] 7.06, Artic]e XV.A of the RohneJi Park Municipal Code, including requirements for Design Review, and that upon completion of construction, and in any event prior to occupancy, Developer shall obtain a determination from the City Manager or his or her designee that the work on the property has complied with the requirements of this subsection 3.05.C and all permits and approvals described herein. As used in this subsection 3.05.C, "schoo]" shall have such meaning as the term "educational institution" defined in Section 17.04.030 of the Rohnert Park Municipal Code." OAK #4830-8574-2350 vI 1 3. Effect of Amendment. Except to the extent the Development Agreement is modified by this Amendment, the remaining terms and provisions of the Development Agreement shall remain unmodified and in full force and effect. ]n the event of a conflict between the terms of the Development Agreement and the terms of this Amendment, the terms of this Amendment shall prevail. 4. Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Amendment. IN WITNESS WHEREOF, this Amendment has been entered into by and between Deve]oper and City as of the day and year first above written. CITY: City of Rohnert Park, a municipal corporation By: Gabriel A. Gonza]ez, City Manager Date Signed: Approved as to Form: By: City Attorney Attest: By: City Clerk DEVELOPER: Sonoma Mountain Village, LLC, a California limited ]iability company By: Name: Title: and KDRP LLC, a California ]iability company By: ,Name: Title: OAK #4830-8574-2350 yl 2 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council ofthe City of Rohnert Park will be holding a PUBLIC HEARING. WHERE: Rohnert Park City Hall - Council Chamber 130 Avram Avenue Rohnert Park, California WHEN: Tuesday, March 27,2012 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 an amendment to Section 3.05 subsection C of the Development Agreement between the City of Rohnert Park and Sonoma Mountain Village, LLC and KDRP LLC. Section 3.05 subsection C prohibits the use of the Sonoma Mountain Village property for a school site. This ordinance will allow school uses on the property subject to prior review and approval by the City Council of the City of Rohnert Park. The property is located at Valley House Drive and Bodway Parkway (APN's 046-051-040, 046-051-042 and 046-051- 045) Representatives of this proposal will be available to respond to questions. All persons interested in this matter should appear at the March 27,2012 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 Marilyn Ponton, Planning and Building Manager, (707) 588-2231. Dated: March 8, 2012 Published: March 16, 2012 Carol Adams, Interim City Clerk City Council Agenda Item No. 12.B.l SONOMA COUNTY WASTE MANAGEMENT AGENCY March 21, 2012 9:00 a.m. City of Santa Rosa Council Chambers 100 Santa Rosa Avenue Santa ROS8, CA Estimated Ending Time 11 :30 a.m. *** UNANIMOUS VOTE ON ITEM #5 *** AGENDA 3. Public Comments (items not on the agenda) c:;onsent (w/attachments) 4.1 Minutes of February 15. 2012 4.2 LocalTask Force Bylaws Amendment , Reaular Calendar 5. 6.' ,9. 7. 8. 10. HHW Contract.Negotiations (continued) [Stein man](Attachments) FY 12-13 Draft Budget [Flsher](Attachment) Action Discussion/Action UNANIMOUS VOTE HHW Discussion/Action All E-Waste Transport and Recycling Services Contract [Steirlman](Attachments) Discussion/Action HHW Electronic Waste Collection Events Contract ISteinman](Attachments) Discussion Regarding Contracts [Mikus](Attachment) Discussion/Action' HHW Discussiol1/Action All Compost Operations Negotiations (verbal report) [Mikus, Carter] . Discussion/Action Organics 2300 County Center Drive. Suite 13100 Santa Rosa, California 95403 Phone: 707/565-2231 f=ax: 707/555-3701 www.recvclenow.on;) 11. Compost EIR Recirculation Discussion [Mikus, Carter] Discussion/Action Organics 12. ,Sonoma County/City Solid Waste Advisory (SWAG) [Barbose] Discussion/Action Planning 13. Attachments/Correspondence: 13.1 Director's Agenda Notes 13.2 Reports by Staff and Others: 13.2.a. March and April 2012 Outreach Events 13.2.b Update Report on MCR Project 13.2.c Update Report on Extra Oil Grant Expenditures 13.2.d Climate Protection Campaign, Letter About Sonoma County Residential Organics Study 14. On file w/Clerk: for COpy call 565-3579 Resolutions approved in February 2012 2012-004 Barlow Printing, Inc. Purchase Order for 2012 Sonoma County Recycling Guides (English & Spanish) 2012-005. Appropriation Transfer for Office Reconfiguration 15. Boardmember Comments 16. Staff Comments . ,17. Next SCWMA meeting: April 18, 2012 18. Adjourn Consent Calendar: These matters include routine financial .and administrative actions and are usually approved by a single majority vote. Any Boardmember may remove an item from the consent calendar. Regular Calendar: These ltams Include significant and administrative actions of special interest and are classified by program area. The regular calendar also Includes "Set Matters," which are noticed hearings, work sessions and public hearings. . Public Com~ents: Pursuant to Rule 6, Rules of Governance of the Sonoma County Waste Management Agency, members of the publiC desiring to speak on items that are within the Jurisdiction of the Agency shall have an opportunity at the beginning alJddurlng each regular meeting ofthe Agency. When recognized by the Chair, each person should give his/her name and address and limit comments to 3 minutes. Public comments will follow the staff report and subsequent Boardmember questions on that Agenda itamand before Boardmembers propose a motion to vote on any Item. Disabled Accommodation: If you have a disability that requires the agenda materials to be In an alternative fonnat or requires an interpreter or other person to assist you while attending this meeting, . please contact the Sonoma County Waste Management Agency Office at 2300 County Center Drive, SuIOO,B1oo, Santa Rosa, (707) 565-3579, at least 72 hours prior to the meeting, to ensure arrangements for accommodation by the A!;Jency. Noticing: This notice is posted 72 hours prior to the meeting at The Board of Supervisors, 575 Administration Drive, Santa Rosa, and at the meeting site the City of Santa Rosa Council Chambers, 100 Santa Rosa Avenue, Santa Rosa. It Is also available on the internet at www.recvclenow.om 2300 County Center Drive, sune B100 Santa Rosa, California 95403 Phone: 707/565-2231 Fax: 707/56&03701 www,recvdenow.ol'll 2