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2010/05/25 City Council Agenda PacketJudy Hauff City Clerk City Hall CITY OF ROHNERT PARK 130 Avram Avenue ♦ Rohnert Park, California 94928 Phone: (707) 588 -2227 ♦ FAX: (707) 792 -1876 ♦ WEB: www.rpcity.org OFFICE OF THE CITY CLERK NOTICE OF CANCELLATION CITY COUNCIL MEETING TUESDAY, JUNE 89 2010 DUE TO THE JUNE 8, 2010 PRIMARY ELECTION THE JUNE 89 2010 JOINT REGULAR MEETING OF THE ROHNERT PARK CITY COUNCIL, COMMUNITY DEVELOMENT COMMISSION, AND ROHNERT PARK FINANCING AUTHORITY HAS BEEN CANCELLED This notice is posted in compliance with California Government Code section 54956. Dated: May 21, 2010 Ju auff, y Cler Pickup Pickup FedEx Pickup Confirmation —FedEx Express NOTA34 Country/Location Company Contact name Address 1 City State ZIP Phone no. United States CITY OF ROHNERT PARK TERRI GRIFFIN 130 AVRAM AVE ROHNERT PARK California 94928 7075882225 FedEx Express Pickup date Total no. of packages Total weight Pickup time Confirmation no. NOTA34 05/21/2010 1 3 Ibs 12:00pm - 6:00pm Page 1 of 1 Alert: Your confirmation number will be stored in your pickup history for up to 30 days. Any changes or cancellations you make to this pickup will be updated in your pickup history. However, please record your confirmation number and any changes for your records. Please have all required shipment information completed prior to pickup. You may contact FedEx Customer Service for assistance. https:// www. fedex. com/ PickupApp /pickupConfirmation.do ?method= doInitForPrint 5/21/2010 5/25/10 City Council Agenda ITEM NO. 3.A Office of the flapor of the QCitp of Rohnert Vark, California 1procCantation Vrocloin ling that all awarb of Recognition for Outotanbing Communitp �§erbice be preanteb to Cbamber of Commerce Alernber fir. 3lameo T. jbenlep WHEREAS, communities are encouraged to recognize those who have selflessly involved themselves in the community and spearheaded positive changes; Dr. James T. Henley stands out as such an individual in Rohnert Park; and WHEREAS, Dr. Henley opened his Snyder Lane dental practice with his brother George and joined the Chamber of Commerce in 1978; and WHEREAS, during his 32 years as a member of the Chamber, Dr. Henley has served as president and board member as well as on numerous Chamber economic development committees dedicated to enhancing business in Rohnert Park; and WHEREAS, the Education Foundation and Sonoma County Adult and Youth Development (SCAYD) have likewise benefited from his care and expertise; and WHEREAS, Dr. Henley spent two years in the U.S. Navy which allowed him to rotate through all of the specialties of dentistry. Again, Rohnert Park residents reaped the benefit of his superior training. NOW, THEREFORE, BE IT PROCLAIMED that I, Pam Stafford, as Mayor and on behalf of the City Council of the City of Rohnert Park, do hereby honor and thank Dr. James T. Henley for his significant contributions as a business leader to the people of our City and wish him well in his future endeavors. Proclaimed this 25`x' day of May, 2010 bp: Pant Stafford, Mayor Rohnert Park /Cotati www.rtrpc.orq W. Distr. @ Mtg. Of: cc: cc: a -p ME aw III "MR K di Rohnert Park /Cotati www.rtrpc.orq W. Distr. @ Mtg. Of: cc: cc: 3 a Id I i RhhmpwtPark /Cotati Changing Lives ... Restoring Hope... Ruildinpr Community www.rtrpc.org 2 d' »y �. 13 S ► Our Mission: ► in partnership with the community, Rebuilding Together Rohnert Park /Cotati rehabilitates the homes of low- income homeowners., particularly the elderly, the physically challenged, and families with children,. so they may continue to live independently with dignity in warmth and safety. ► Our Vision: ► A warm, safe, and healthy home for everyone. ► Our Goal ► Make a sustainable impact in partnership with our community. www.rtrpc.org 4 b u r Torvten-'kther �� . History ✓ Originally established in 1999 ✓ Repaired /Rehabilitated more than 174 homes in our community ✓ Starting in 2008 offered year round service ✓ Various types of repairs and home modifications completed Accomplishments ✓ Enables low- income homeowners to live independently, with dignity, in the comfort, health and safety of their own homes. ✓ Restores hope and courage for our low- income aging and physically challenged homeowners to age -in- place. ✓ Creates a safe and healthy home environment by identifying health and safety hazards and installing modifications. ✓ Implements energy and conservation measures including the P G & E Care Program. ✓ Utilizes green principals for healthier homes. www.rtrpc.org 1I; 1' ► 1 Part -time Executive Director ► 1 Part -time Volunteer Admin Assistant ► 1 Part -time Intern (Experience Works) ► 218 Volunteers 82 skilled 84.1 hours 136 unskilled 833 hours ► 21 Emergency Service Calls ► 13 Home Repairs /Renovations /Modifications ► 5 Yard Clean Ups ► 2 Facility Improvements ► 3 Community Beautification Projects ► 13 Waitlisted Client Snapshot: M-- ► 1 Part -time Executive Director ► 1 Part-time VolunteerAdmin Assistant ► 1 Part-time Intern (Experience Works) ► Volunteers 69 skilled 682 hours 230 unskilled 2131 hours ► 60 Emergency Service Calls ► 20 Home Repairs /Renovations /Modifications ► 8 Yard Clean Ups ► 4 Facility Improvements ► 1 Community Beautification Projects ► 4 Scheduled ► 8 Waitlisted ➢75% elderly /physically challenged ➢25% families ➢Average number of years in the home: 19 ➢Average number of people living in the home 2.5 ➢Average Household Income: $17,769 ➢75% are below the 30% ➢25% were below the 50% www.rtrpc.org © �}g a \� � � \� �e �.�3 . ?: \ /i : �� \ � \ ^� © ƒ <y� � y \�� y.> <� : y � \ : �m.m. _ ... . z ~>: � ° � � � a,/ . � » � � : . . 5 2010 Heroes at Home Project www.rtrpc.org www.rtrpc.org www.rtrpc.org M Before www.rtrpc.org 11 paired o be tE "Thank you for the lift... you imagine how this addition has impacted life. z �� z 12 LVA i— —• — zo 13 14 www.rtrpc.org 15 16 SSU JUMP Volunteers in Action After www. rtrpc. org 18 19 In addition to serving low - income homeowners we also facilitate improvements to qualifying non - profit and community organizations these include: ✓ Boys & Girls Club of Rohnert Park ✓ Church of the Oaks ✓ Congregation Ner Shalom ✓ Cotati- Rohnert Park Co- operative Nursery School ✓ Committee on the Shelterless (COTS) ✓ Girl Scouts of Konocti ✓ Holy Family Episcopal Church ✓ Kids Street in partnership with RTSR & Kaiser Permanente ✓ The Scout Hut (A Park) ✓ Various City Parks ✓ The Rohnert Park Senior Center ✓ Mural at Cielo Mini Park www.rtrpc.org 20 www.rtrpc.org Volunteers come in all sizes 22 The sandbox, a three sided play structure featuring, a gas station, a cafe and an ice cream parlor. www.rtrpc.org 23 ► RTRPC's projects are financed by generous financial donations from the City of Rohnert Park, individuals, local businesses, and grants. ► RTRPC makes every effort to be responsible stewards of the donations and sponsorship funds placed in our trust. ► RTRPC leverages every dollar by using volunteer labor, and In -kind donations. ► Each dollar equates to an astonishing $6.00, when calculating the actual retail value of our Rebuilding Day projects. ► On average, RTRPC annual operations returns approximately $4.00 in value to the community for every $1.00 spent. www.rtrpc.org 24 1% I00Q_03nna EXPENSES PROGRAMS ADMIN:' 2 FUNDRAISING 3 www.rtrpc.org 25 2009 -2010 YTD Revenue 2009 -2010 YTD Expenses Iiiii Prog rams 96% Admin 3% gi Fund Raising 1% 26 The following outcomes are being tracked that relate to our programs: Short term Measurement: � Making sure homes are safe Weatherproofed and more energy efficient Healthier home Sustainable, improves neighborhood Mid Term Measurement: ,/ Homeowner is able to age in place Long Term Measurement: � Improve affordable housing stock www.rtrpc.org 27 Client Testarnonials ► RTRPC really saved my life... I don't think my son and I would be here today with out a furnace ... you are my angels with a hammer. H. F. ► Thank you RT for making my home a place I want to come home to. K.C. ► ...we didn't know what we were going to do ... we were afraid we would have to move, which we could absolutely not have afforded to do ... we can't thank you enough... J.B. /L.S. ► ...Thank God for RT, I was just getting so cold until RT helped me ... The affected me in such a positive way... A. N. ► ...it's very hard sometimes for some of us to reach out for help, the people at RT were so kind, they actually made me feel good about having asked for help... thank you for RT and the work they do. T.F. ...thank you to all involved, for your kindness, your compassion, time and effort in building a wheelchair ramp for us ... words cannot express what we :are... Thank you, G. & K. 28 Zf/al� �Jl1►OAO�1►1�%L// 29 City of Rohnert Park Thl*s park has been adopted by Distr. @ Mtg. Of. 5 A 5 — cc: cc, File- QQ-41 L,- t- 4 —LT=— Film- CITY COUNCIL SPEAKER CARD Date: Agenda Item 4: Name: Address: Phone: TOPIC: Brief Summary of Comments: 4., 4u i See Reverse a? �s 3CaIdenliCs sE' ViCE' OUR MISSION Sonoma County High School (SCHS) is founded to complete the K -8 education of North Bay public Waldorf students by offering an exemplary, holis- tic, college preparatory public high school that is inspired by Waldorf education and committed to teaching and modeling agricultural, environmen- tal, economic, social and personal sustainability. OUR ROOTS Fifteen hundred students are currently making extraordinary achievements at seven North Bay K -8 public schools using the Waldorf curriculum. In addition to mastering academics and gain- ing knowledge, students develop critical think- ing skills, leadership capacities, and the ability to work collaboratively and with a sense of service. By middle school, students at these schools com- monly exceed their districts' standardized test scores in both language arts and math —while also learning Spanish, singing, flute and recorder, vio- lin and cello, painting, drawing, sculpture, knit- ting, sewing, wood carving, drama and theater, dance, gardening, farming, cooking, sports and social development. We intend to further their success by offering a regional public high school that completes the K -12 Waldorf curriculum for 150 annual North Bay eighth -grade graduates. Like private Waldorf schools, at Waldorf- inspired public schools learning is experiential, the arts are integrated throughout the curriculum, and lessons are presented in intensive, four -week blocks. Unlike Waldorf private schools, the pub- lic schools serve a diverse socio- economic popu- lation and are accountable to state standards and authorizer oversight —both academically and fi- nancially. SCHS is formed as a public school in order to be accessible to any student, regardless of family financial means. livl Waldorf Public _ e OUR MISSION Sonoma County High School (SCHS) is founded to complete the K -8 education of North Bay public Waldorf students by offering an exemplary, holis- tic, college preparatory public high school that is inspired by Waldorf education and committed to teaching and modeling agricultural, environmen- tal, economic, social and personal sustainability. OUR ROOTS Fifteen hundred students are currently making extraordinary achievements at seven North Bay K -8 public schools using the Waldorf curriculum. In addition to mastering academics and gain- ing knowledge, students develop critical think- ing skills, leadership capacities, and the ability to work collaboratively and with a sense of service. By middle school, students at these schools com- monly exceed their districts' standardized test scores in both language arts and math —while also learning Spanish, singing, flute and recorder, vio- lin and cello, painting, drawing, sculpture, knit- ting, sewing, wood carving, drama and theater, dance, gardening, farming, cooking, sports and social development. We intend to further their success by offering a regional public high school that completes the K -12 Waldorf curriculum for 150 annual North Bay eighth -grade graduates. Like private Waldorf schools, at Waldorf- inspired public schools learning is experiential, the arts are integrated throughout the curriculum, and lessons are presented in intensive, four -week blocks. Unlike Waldorf private schools, the pub- lic schools serve a diverse socio- economic popu- lation and are accountable to state standards and authorizer oversight —both academically and fi- nancially. SCHS is formed as a public school in order to be accessible to any student, regardless of family financial means. COLLEGE PREP: Our graduation requirements will meet or exceed all University of California admission standards, some of the most rigorous in the nation. in learning. At SCHS, the arts — visual, perform- ing, music, drama —will be integrated into all aspects of learning. Our Humanities curriculum includes ancient and modern literature and his- tory; world cultures; the history of art, architec- ture, and economics; composition and creative writing. THE ARTS AND HUMANITIES: From our K -8 experience, we know that art accesses emotion- al intelligence and inspires deeper involvement MATH AND SCIENCES: Students will study Al- gebra, Investment Math, Geometry, Trigonometry, Calculus and Statistics. In each of the four years of high school, Biology, Chemistry, Physics and Earth Science will each be taught intensively to every student. The grow- ing developmental ca- pacities of the students will enable them to learn increasingly complex science as they proceed through the grades. Lab classes are included in each subject annually. LANGUAGE AND GLOBAL CITIZENSHIP: Every student will study four years of foreign language, including three years in the same language. Ini- tial language offerings are Spanish and Mandarin with other options depending on demand. World cultures are studied in the Humanities curricu- lum, and service - learning opportunities in other countries will be available. COMMUNITY We intend to revise what "school" means. SCHS is a community -based life -long learn- ing center: a college prep high school that also serves as a community center offering lectures, per- forming arts, evening and weekend adult -ed cours- es, a farm market and a pre - school and elder -care center. Partnerships with lo- cal businesses and nonprof- its will provide internships and broaden student's prep- aration for efficacy in the world. We will work with community organizations, and particularly retirees, to provide each student with an individual mentor. competencies. CAREER SKILLS: We expect that all students wi I I have a job of 3 -10 hours per week (on campus, in the com- munity or in school - owned businesses) that teaches them how to be successful in the work world, identifies their work interests and antipathies, and gives them some responsi- bility for the financial health of the school. A portion of their earnings will be retained by the school to support our programs, and the rest will be invested by students with our guidance in a socially responsible way and distributed to them upon graduation as a nest egg for college. COMPLETION: Sonoma County High School intends to build on our region's ex- traordinary K -8 success by offering a comprehensive, college- preparatory pub- lic high school based on the Waldorf curriculum that values community and teaches and models core leadership skills for our stu- dents to advance cultural transformation as they go forth into the world. Cal')MCli:y ( olI�3boratio1) Waldorf Public What is Waldorf education? community ti Developed by Austrian philosopher Rudolf Steiner in 1919, Waldorf Education is based on a profound understanding of human development that addresses the needs of the growing child. Waldorf teachers strive to transform education into an artthateducates the whole child—the hands, the heartand the head. The Waldorf curriculum is broad and comprehensive, structured to respond to the three developmental phases of childhood: from birth to approximately 7 years, when a child learns primarily though imitation and through movement; from 7 to 14 years when students learn primarily though an emotional connection (interest, excitement, joy) to the academic content; and from 14 to 18 years, when students learn primarily through the cognitive aspect— comparing ideas, analyzing them, reaching a synthesis, and coming to independent judgment. See www.whywaidorfworks.org. How is SCHS different from a private Waldorf school? Waldorf- inspired public schools serve a diverse socio- economic population, offer thorough special education programs and are accountable to state standards and authorizer oversight —both academically and financially. Like private Waldorf schools, grade school teachers continue with their classes from grade to grade, and lessons are presented in intensive, four -week blocks. Why public not private? SCHS is formed as a public school in order to be accessible to any student, regardless of family financial means. What is a charter school? A charter school is a public school founded by teachers and parents in order to teach public school children through an alternative educational method. Charter schools must meet the same academic standards as traditional public schools but may have more freedom around specific education code requirements. There are currently 809 California charter schools serving 341,000 students. SCHS is a charter school that receives its funding directly from the state and operates independently from any particular school district. A charter is a contract between a school and an authorizing agency (school district, county office of education or state) that articulates how a specific school will operate. What do you mean by sustainability? The most common definition of sustainability, "that which meets present needs without compromising the ability of future generations to meet their needs" (WECD, 1987), was used to define sustainable development. SCHS broadens the definition of sustainability to include the environment, agriculture, economic, social and personal practices. A focused study of environmental and agricultural sustainability will meet student passion, prepare students to be effective stewards of the Earth and address science curriculum in a hands -on way. The study of economics, personally, globally, and locally, will provide students with understanding and tools for life -long financial success. Throughout the curriculum, the development of a strong sense of compassion, a keen interest in creativity, and an ability and willingness for collaboration build the capacities of a socially and personally sustainable human being. Learning to practice sustainability, in all its facets, will be essential to our students' and our planet's wellbeing. Why now? The North Bay's Waldorf- inspired K -8 schools have been operating since 1995. Currently they are graduating 150 eighth graders each year. Together, they provide the unique opportunity for a regional high school to offer a completion of the curriculum for all of their graduates, as well as others looking for a new option. SCHS developers have been working for over two years to plan a successful opening of the school for ninth and tenth graders in 2011. Who are you serving? Our primary target population is the graduating eighth graders of the North Bay's Waldorf- inspired public schools. Our curriculum builds on the foundation of their K -8 experience. That said, the school will also welcome other students desiring an arts - integrated college prep education. Why do you think you can succeed? Or leadership team comes with over 50 years of combined experience in developing, administering and directing the curriculum of Waldorf and Waldorf- inspired schools, and with over 15 years of organizational development experience. We are known to, and have longstanding experience with, the North Bay K -8 feeder schools using the Waldorf curriculum. We have elicited help from a diverse group of highly experienced and capable educators. We will hire teachers with exemplary track records in both public and Waldorf education. Where will SCHS be located? Our facilities team has been working diligently to identify and secure a suitable site that will meet our programmatic needs and be accessible from Napa, Novato, Petaluma, Sebastopol and Sonoma. This is no easy task, but attractive and viable locations have indeed been identified within reasonable commuting distance of all of our K -8 feeder schools. SCHS leaders are currently working with property owners, and we hope to be in a position to announce a location in the spring of 2010. May 25, 2010 Mayor Pam Stafford City Council Members City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Dear Mayor Stafford and Council Members; Susan Olson, board member for Sonoma County High School and director of Sebastopol Independent Charter School, is addressing the Council in public comment this evening to inform you of our desire to locate a regional charter high school inspired by Waldorf education in the city of Rohnert Park. On May 11, we made similar public comment at the Cotati Rohnert Park Unified School District board and have since met with Superintendent Barbara Vrankovich and CFO Wade Roach to explore how we can collaborate to bring our school to CRPUSD. Six K -8 charter schools inspired by Waldorf education have been operating in North Bay cities since 1995. They have been very positive influences in Napa, Novato, Sonoma, Petaluma, and Sebastopol, serving 1,500 students from over 1,000 families children annually. The schools are successful in their test scores; in their holistic education, offering a full complement of the arts, music and Spanish language instruction; and in parent and student satisfaction. All have wait lists. The Waldorf curriculum is designed for K -12, and the 150 annual eighth grade graduates of the North Bay charter schools seek a public Waldorf option for high school: Leaders of each of the six K -8 communities have been working for two years to develop Sonoma County High School, which plans to open with a ninth grade in 2011 and grow to full enrollment of 600 -700 students by 2018. We would like to locate this school in Rohnert Park, the center of our student demographics. An enrollment preference for Waldorf grads will bring nearly all of our 600+ students from out of district into Rohnert Park and CRPUSD. We believe our school will have a significant positive impact on the city of Rohnert Park. There will be economic benefits, for example: • 600+ students and many of their parents will come into Rohnert Park from other North Bay cities each weekday, spending money in local businesses —and paying sales tax. • The school will eventually employ about 75 people. • Our very strong college -prep program will attract families to move to RP. A survey at Sebastopol Independent Charter School showed that 30% of families moved to Sebastopol specifically to attend that school. At Woodland Star Charter School, 15% of families moved to Sonoma for that school. www.sonomacountyhighschoo1.org 707 --996 -9576 chip @sonomacountyhighschool.org Sonoma County High School Y, 11. 4, � sE? � h} May 25, 2010 Mayor Pam Stafford City Council Members City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Dear Mayor Stafford and Council Members; Susan Olson, board member for Sonoma County High School and director of Sebastopol Independent Charter School, is addressing the Council in public comment this evening to inform you of our desire to locate a regional charter high school inspired by Waldorf education in the city of Rohnert Park. On May 11, we made similar public comment at the Cotati Rohnert Park Unified School District board and have since met with Superintendent Barbara Vrankovich and CFO Wade Roach to explore how we can collaborate to bring our school to CRPUSD. Six K -8 charter schools inspired by Waldorf education have been operating in North Bay cities since 1995. They have been very positive influences in Napa, Novato, Sonoma, Petaluma, and Sebastopol, serving 1,500 students from over 1,000 families children annually. The schools are successful in their test scores; in their holistic education, offering a full complement of the arts, music and Spanish language instruction; and in parent and student satisfaction. All have wait lists. The Waldorf curriculum is designed for K -12, and the 150 annual eighth grade graduates of the North Bay charter schools seek a public Waldorf option for high school: Leaders of each of the six K -8 communities have been working for two years to develop Sonoma County High School, which plans to open with a ninth grade in 2011 and grow to full enrollment of 600 -700 students by 2018. We would like to locate this school in Rohnert Park, the center of our student demographics. An enrollment preference for Waldorf grads will bring nearly all of our 600+ students from out of district into Rohnert Park and CRPUSD. We believe our school will have a significant positive impact on the city of Rohnert Park. There will be economic benefits, for example: • 600+ students and many of their parents will come into Rohnert Park from other North Bay cities each weekday, spending money in local businesses —and paying sales tax. • The school will eventually employ about 75 people. • Our very strong college -prep program will attract families to move to RP. A survey at Sebastopol Independent Charter School showed that 30% of families moved to Sebastopol specifically to attend that school. At Woodland Star Charter School, 15% of families moved to Sonoma for that school. www.sonomacountyhighschoo1.org 707 --996 -9576 chip @sonomacountyhighschool.org There will also be community benefits: • SCHS will be a very high profile and innovative public school, building on our region's very successful Waldorf K -8 schools. We expect significant and ongoing national media attention that will reflect positively on Rohnert Park. • 100% of our graduates will meet UC admission requirements (as opposed to only 26% county- wide). • Our service - learning program includes tutoring and mentoring K -8 students in local public schools. We are open to other ways our students can serve the community. • Our school is envisioned as a community center, offering art exhibits, lectures, performances, adult education opportunities, a preschool and elder day -care center, and a garden market. Our team plans to return to your meetings from time to time to provide updates on the progress of our project. We look forward to working cooperatively with the school district and would like to work collaboratively with the city as well in any ways that are appropriate. We are happy to meet with members of the council at any time to share more about our project and the value it can bring to the city of Rohnert Park. Our K -8 schools have brought tremendous value to their respective North Bay cities. We believe that the convergence of our communities for a regional Waldorf charter high school will bring new revenues, vitality and positive attention to both the City of Rohnert Park and the Cotati Rohnert Park Unified School District. We hope you will welcome Sonoma County High School into your community. Sincerely, Chip Rome , Lead Content Developer Terri Aspen, Lead Process Developer Steve Bossio, Board CFO Susan Olson, Board Secretary www.sonomacountyhighschoo1.org 707 - 996 -9576 chip@sonomacountyhighschool.org President: Chip Romer Chip Romer has been actively involved with the Wal- dorf public school movement since 1998. He was a founder and the lead developer of Woodland Star Charter School, founded in Sonoma in 2000, where he served as administrator for six years. He is a found- ing board member of the Alliance for Public Waldorf Education and served on the Member Council of the California Charter Schools Association. For over ten years Chip has served on the boards of private and public Waldorf schools. Prior to his involvement with Waldorf education, he worked as a writer and editor, business entrepreneur and government economist. He earned his BA in Economics from the University of Notre Dame. Vice President: Terri Aspen Terri Aspen is an Organizational Development profes- sional with over fifteen years experience in consult- ing to schools, corporations and nonprofits. Her work includes personal and executive coaching, training design and delivery, culture measure and analysis, facilitation of complex issues, change management and strategy clarification and implementation. Terri has worked extensively with education, healthcare, executive and leadership teams, manufacturing and financial services organizations. She serves on the board of GoLocal, Sonoma County's BALLE chapter. Terri earned her BA in Psychology from Prescott Col- lege, her MA in Psychology from the institute of Imagi- nal Studies and is completing her Ph.D. in Psychology from Meridian University. CFO /Treasurer: Steve Bossio Steve Bossio is a financial consultant with Magnum Finan- cial, developing long -term strategic financial plans for in- dividuals and families. He served as CFO of Woodland Star Charter School from 2004 -2009, responsible for budget development and forecasting, fiscal management, includ- ing annual audits, and reporting to local, county and state agencies. Steve served on the Woodland Star board from 2000 -2009, including a term as President, Chair of the Fi- nance Committee and as Lead Developer in the school's 2003 authorizer transition. He earned his BS in Business Administration from Cal Poly San Luis Obisbo. Secretary: Susan Olson Susan Olson has served for five years as the Executive Di- rector of the Sebastopol Independent Charter School, a K -8 Waldorf - inspired school in Sebastopol, CA. Prior to mov- ing to Northern California, she served as the Administrator of the Pasadena Waldorf School. Susan earned her BA in Political Science and Education from Carleton College, an MA in Geography from UCLA, and MS in Human Resource Design and Organizational Psychology from Claremont Graduate University and a Foundation Studies Certificate in Waldorf Education from New England Waldorf Teacher Training Center. She is a founding board member of the Alliance for Public Waldorf Education and the north coast region Member Council Representative of the California Charter Schools Association. Thom Schaefer is the Pedagogical Dean of Faculty at the Shining Mountain Waldorf School (K -12) in Boulder, CO, where he oversees the quality of instruction. He served as a public school principal in Cupertino, California and in Elk Grove, California and has 14 years of grades teach- ing experience and an additional 13 years of high school teaching experience in Waldorf schools; Thom has also taught in public schools at both the elementary and high school levels. He brings over 15 years experience and expertise in designing and delivering professional de- velopment programs for teachers and administrators; in developing curricular materials and programs; and pre- senting, facilitating, and coaching teachers and mentors. His degrees and credentials include a BA from the Uni- versity of California at Santa Cruz, post - graduate degree in education from UCSC, a California Teaching Credential, Waldorf Teacher Certification from Rudolf Steiner College, certification as a movement specialist in Spacial Dynamics, and an MA in Waldorf Education from Touro University. Team Leaders Chip Romer Lead Content Developer Terri Aspen Lead Process Developer Alysson Baker Maria Bragonier Steve Bossio Lisa Modica Tiffany Roberts Pamela Sachs Trina Saldana Kirsty Shelton Victoria Temple Sam Turner Administration Manager Program Manager Finance Manager Marketing Manager Adventure Learning Manager Mentoring Manager Legal Manager Sustainability Manager Fundraising Support Facilities Manager See Creation Team and Advisory Board bios at: www.sonomacountyhighschool.org Fundraising Consultant Sandy Drew, Senior Consultant and Co- Leader of the Schools Practice Group, Marts & Lundy Legal Counsel Paul Minney, Middleton, Young & Minney, LLP Research Consultant Ida Oberman, Ph.D., former Director of Research and Evaluation at the Springboard Schools and program officer for education at The William and Flora Hewlett Foundation MINUTES OF THE ROHNERT PARK CITY COUNCIL Community Development Commission Rohnert Park Financing Authority JOINT REGULAR MEETING Tuesday, May 11, 2010 Joint Regular Meeting — Open Session: 6:00 p.m. MEETING LOCATION: CITY HALL - COUNCIL CHAMBER 130 Avram Avenue, Rohnert Park, California The Rohnert Park City Council, Community Development Commission of the City of Rohnert Park, and the Rohnert Park Financing Authority met this date for the Joint Regular Meeting scheduled to commence at 6:00 p.m. with Mayor Stafford presiding. 1. CITY COUNCIL, CDC & RPFA JOINT REGULAR MEETING Call to Order /Roll Call Mayor Stafford called this meeting to order at 6:00 p.m. Present: Pam Stafford, Mayor Gina Belforte, Vice Mayor Arnie Breeze, Council Member Joseph T. Callinan, Council Member Jake Mackenzie, Council Member Absent: None Staff and /or consultant participants: Darrin Jenkins, Acting City Manager; James J. Atencio, Assistant City Attorney; John McArthur, Director of Public Works & Community Services; Nelle Seidenspinner, Recreation Supervisor; Tom Kelley, Supervising Manager with Parks; Terri Mazzanti, Technical Services Division Manager; Sandy Lipitz, Director of Administrative Services; Linda Baboms, Housing & Redevelopment Manager; Marilyn Ponton, Planning and Building Manager; and Judy Hauff, City Clerk. Community Media Center staff present for the recording and televised production of this meeting: Video Technicians Josh Jacobsen, Josh Cimino, and Peter Matheny- Schuster. 2. PLEDGE OF ALLEGIANCE - Mayor Stafford led the pledge of allegiance. Minutes of the City.of Rohnert Park JOINT REGULAR MEETING (2 of 11) May 11, 2010 for City Council /Community Development Commission / Rohnert Park Financing Authority 3. PRESENTATIONS A. Mayor's Presentation of Proclamation In Honor and Recognition of Hugh Codding received by Granddaughters Lisa and Lois Codding - Mayor Stafford read this proclamation and presented it to Hugh Codding Granddaughters Lisa and Lois Codding. Council comments included expressing appreciation for the many beneficial contributions Hugh Codding did for Rohnert Park. B. Mayor's Presentation of Proclamation Congratulating the SSU Men's Volleyball Club Team, Winners of the National Championship for Division 2 - Mayor Stafford read this proclamation and presented it to the team and coaches present for this item. The Coach expressed appreciation for this recognition and shared comments confirming the players paid their own way to play and represented Sonoma State University and Rohnert Park very proudly. C. Mayor's Presentation of Resolution Endorsing the Goals of Health Action and Supporting iGROW - Mayor Stafford read this proclamation and presented it to iGROW Representative Trayton Heckman for this item. Mr. Heckman expressed appreciation for this recognition and extended invitations to participate in the 350 Garden Challenge during the weekend of May 15 -16, 2010. He shared examples of projects and participants and anyone could go to www.iGROWsonoma.org website for more information on all the model gardens within the city. D. Committee on the Shelterless (COTS) Presentation - Mike Johnson, COTS Associate Executive Director, reviewed this item via power point presentation. He introduced James, one of the COTS participants of shared housing programs, who shared his experience before coming to this program and benefits of participating in the COTS shared housing program toward the success of his life and family today. Council expressed appreciation for this program and the success story. 4. CITY MANAGER / CITY ATTORNEY / DEPARTMENT HEAD BRIEFINGS Acting City Manager Jenkins introduced Director of Public Works & Community Services, John McArthur, and staff for review of the next two items. A. Upcoming Farmers' Market at City Center Plaza - Director of Public Works & Community Services McArthur introduced Recreation Supervisor, Nelle Seidenspinner, who reviewed plans for the Farmers Market at the City Center Plaza to take place every Friday starting June 4th to September 24th from 5:00 p.m. to 8:00 p.m. at the north Library parking lot in Rohnert Park. She advised that on opening night, June 4th, they will be partnering with the Sonoma County Boys and Girls Club to be hosting a Kids' Fest. She responded to Council questions which included review of the provision for music partnering with KRCB under the direction of Kathy Slack from July 2nd to August 011 from 6:00 p.m. to 8:00 p.m. indicating this will be a six week music series offering a range of 50's music to Cajun and everything in between. She noted that during the 5 o'clock hour there will be various performances by members of the community. Director of Public Works & Community Services McArthur responded to additional Council questions on this item and acknowledged the hard work by staff on efforts for the Farmers Market, namely, Guy Miller, Recreation Services Manager, Nelle Seidenspinner, Recreation Supervisor, and Laure Tatman with Community Services. Minutes of the City of Rohnert Park JOINT REGULAR MEETING (3 of 11) May 11, 2010 for City Council /Community Development Commission / Rohnert Ptak Financing Authority B. Community Clean Up Volunteer Day on May 8th — Director of Public Works & Community Services McArthur shared opening comments on this item and introduced Supervising Manager of Parks, Tom Kelley, who reviewed the success of this effort via .power point presentation. Mr. McArthur acknowledged participation of the following volunteers for their time and labor, materials and food on this effort: C -Corp; Church of Jesus Christ of Latter Day Saints, San Rafael Stake; Santa Rosa Junior College, Biology Division; Buchannan Food Service; Wal -Mart; Safeway; Sweet Lane Nursery; Jubilee Jumps; Public Works & Community Services Employees; and several individual volunteers. Council commended the volunteer representation for this effort. C. 2 °d Annual Running With the Pack 5k Walk or Run Event on May 1St Terri Mazzanti, Technical Services Division Manager, Department of Public Safety, introduced Natasha & Erica, of North Bay Special Olympics and participants of the upcoming event to be held at U.C. Davis in June, and reviewed this item via power point presentation explaining the three recent fundraising events held for Special Olympic Northern California. She "also recognized Carol Alsberg, Director of North Bay Special Olympics, present in the audience and acknowledged the Department of Public Safety's partnering efforts with C -Corp and the Recreation Department. Ms. Mazzanti reviewed the list of contributing sponsors which included iWalk Rohnert Park taking care of the food donations for the runners; sponsors for the tee shirts and for the event in general from the Rohnert Park Public Safety Officers Association; and other contributors included Lutz Chevron Station, Big 0 Tires, ProTransportl, and private donations from three families. Donations for water, orange juice, bananas, oranges, etc. were from the local Grocery Outlet, Wal -Mart, Safeway, Starbucks, and Clover Stornetta. Also the Explorers participated in this effort representing Public Safety and the community. Ms. Mazzanti shared plans to partner with Sonoma State University next year and expand this to a l Ok Walk or Run Event. This year's Running with the Pack 5k Event raised just over $3,230. She indicated the second event was the Rohnert Park Animal Shelter, Volunteer Appreciation Dinner on May 7, 2010 and recognized Mickey Zeldes, Animal Shelter Supervisor, for oversight of her staff of volunteers on a daily basis. Ms. Mazzanti shared the third event was Tip a Cop held last night, May 10, 2010 at Applebee's with participants raising over $1,500 within 3 hours for a total of $5,000 from all three events raised for the North Bay Special Olympics. Council commended the participants and volunteers on the successful efforts for these events. D. Update on State take of local government funds — Acting City Manager Jenkins reviewed the news release provided for this item pertaining to recent legal ruling allowing the State of California to seize redevelopment funds from local cities and that the City of Rohnert Park was required to write a check to Sacramento for $4,108,698 by May 10th. His review of this news release concluded with the comment that this kind of blow severely handicaps our already cash strapped City. s of the City of Rohnert Park JOINT REGULAR MEETING (4 of 11) May 11 or City Council /Community Development Commission / Rohnert Park Financing Authoritti 5. PUBLIC COMMENTS — Mayor Stafford invited public comments at 6:48 p.m. A. Aaron Locks distributed information to Council regarding "Get! FIT Sonoma County Challenge 2010" and shared comments on this program that will provide three months of free access to fitness and nutrition programs to adults Sonoma County residents and children 14 years and older. He extended an invitation to everyone to be involved and shared further comments proposing that all cities work together with them on this effort hoping to start June 1st but no later than July 1st. Mr. Locks responded to Council questions on this matter. Discussion concluded in COUNCIL CONCURRENCE to place this item on a future agenda for consideration. 6. CONSENT CALENDAR Mayor Stafford advised all items on the consent calendar were considered together by one action of the City Council, the Community Development Commission, and /or the Rohnert Park Financing Authority, whichever is applicable, unless any Council Member or anyone else interested in a consent calendar item had a question about the item. Council Member Breeze pulled item A.1 on the joint regular meeting minutes and City Council Resolution No. 2010 -47 and CDC Resolution No. 2010 -08. Council Member Callinan indicated his interest in pulling the same two resolutions. A. Approval of Minutes for: 2. City Council Special Meeting —April 23, 2010 3. City Council- CDC -RP.FA Joint Regular Meeting —April 27, 2010 B. Acceptance of Reports for: I. City Bills /Demands for Payment 2. CDC Bills /Demands for Payment C. City Council Resolutions for Adoption: 2. 2010 -48 Declaring Weeds to be a Nuisance and Providing for Weed Abatement Pursuant to Government Code Sections. 39560 Through 39588; Article 2 — Alternative Procedures for Weed and Rubbish Abatement and Setting Public Hearing 3. 2010 -49 Rejecting the Insufficient Claim of Bonny Castelli (re: Alleged damage to home from water) E. Authorizing the Mayor to Sign Letter of Support for City of Santa Rosa's Urban Water Recycling Project MOTION by Council Member Mackenzie to adopt the Consent Calendar with the exception of Item A.1 on the joint regular meeting minutes, City Resolution No. 2010 -47 and CDC Resolution No. 2010 -08, seconded by Vice Mayor Belforte, CARRIED UNANIMOUSLY, reading was waived and said motion was APPROVED. Minutes of the City of Rohnert Park JOINT REGULAR MEETING (5 of 11) May 11, 2010 for City Council /Community Development Commission /Rohnert Park Financing Authority Items for consideration: A. Approval of Minutes for: 1. City Council- CDC - RPFA -RPCC Joint Regular Meeting - April 13, 2010 - Council Member Breeze indicated she was not present at this meeting so would need to abstain on approval of these minutes. MOTION by Vice Mayor Belforte to approve the April 13, 2010 minutes of the City Council- CDC - RPFA -RPCC Joint Regular Meeting as submitted, seconded by Council Member Mackenzie, and CARRIED 4 — 0 — 1 with Council Member Breeze abstaining, reading was waived and said motion was APPROVED. C. City Council Resolutions for Adoption: 1. 2010 -47 Establishing 5:00 p.m. as the Start Time for Regular Meetings of the Rohnert Park City Council Mayor Stafford and Assistant City Attorney Atencio responded to questions from Council Members Breeze and Callinan confirming the continued prerogative of the Mayor to move items forward on the agenda as necessary to accommodate the possibility that initial items of little or no public interest listed for the first hour of meetings may go quicker than anticipated. Mayor Stafford indicated working with staff on recommended revisions to Council Protocols for consideration on a future agenda and with approval of the earlier 5:00 p.m. start time, would include adjusting the meeting adjournment time from 11:00 p.m. to 10:00 p.m. Discussion ensued. D. CDC Resolution for Adoption: 1. 2010 -08 Establishing 5:00 p.m. as the Start Time for Regular Meetings of the Community Development Commission of the City of Rohnert Park MOTION by City Council Member /CDC Commissioner Breeze to separately adopt both City Council Resolution No. 2010 -47 and CDC Resolution No. 2010 -08, seconded by City Council Member /CDC Commissioner Mackenzie, CARRIED UNANIMOUSLY, reading was waived and said motion was APPROVED. 7. INTERIM CITY MANAGER SERVICES — Consideration and Adoption of Resolution Approving Consultant Agreement for Interim City Manager Services A. Staff Report- Acting City Manager Jenkins reviewed the staff report provided for this item for consideration of ratifying the contract with candidate, John Dunn, present in the audience. B. Public Comments Mayor Stafford invited public comments at 7:01 p.m. No one responded. C. Resolution for Adoption: 1. 2010 -50 Authorizing and Approving a Consultant Agreement for Interim City Manager Services a. Council motion — MOTION by Council Member Mackenzie to adopt Resolution No. 2010 -50, seconded by Vice Mayor Belforte b. Council discussion ensued which included responses to Council questions on this item by Assistant City Attorney Atencio. c. Council vote — The motion on the floor CARRIED 3 — 2 with Council Members Breeze and Callinan dissenting, reading was waived and said motion was APPROVED. Minutes of the City of Rohnert Park JOINT REGULAR MEETING (6 of 11) May 11, 2010 for City Council /Community Development Commission / Rohnert Park Financing Authority 8. 2007 -2014 HOUSING ELEMENT UPDATE — Council consideration of approval of certifying the Initial Study /Mitigated Negative Declaration and Adoption of the 2007 -2014 Housing Element Update A. Staff Report — Planning and Building Manager Ponton introduced representatives who have assisted with this item, Rajeev Bhatia and Laura Machala of Dyett & Bhatia. Ms. Ponton reviewed aspects of the process for this item and changes that have been made to the Housing Element Update since the last update. She noted that Rohnert Park is one of the very few cities to achieve certification. Mr. Bhatia and Ms. Machala of Dyett & Bhatia reviewed the power point presentation for this item. B. PUBLIC HEARING - Mayor Stafford opened the public hearing to receive public comments on this item at 7:31 p.m. There being no one responding, Mayor Stafford closed the public hearing. C. Resolutions for Adoption: 1. 2010 -51 Certifying the Initial Study/Negative Declaration for the 2007- 2014 Housing Element Update 2. 2010 -52 Adopting the 2007 -2014 Housing Element Update a. Council motion — MOTION by Vice Mayor Belforte to consecutively and separately adopt Resolution No. 2010 -51 and Resolution No. 2010 -52, seconded by Council Member Mackenzie b. Council discussion —None. c. Council vote — The motion on the floor CARRIED UNANIMOUSLY, reading was waived and said motion was APPROVED. 9. SONOMA COUNTY WASTE MANAGEMENT AGENCY LIAISON APPOINTMENT A. Mayor's appointment of liaison to the Sonoma County Waste Management Agency (previously assigned to Former Interim City Manager Schwarz) — Acting City Manager Jenkins reviewed the City's previous liaison appointments to this agency which included the past representation by Housing & Redevelopment Manager, Linda Babonis. He recommended the Mayor consider appointing Linda Babonis until the appointment of the new City Manager and then Council can reconsider this appointment, if desired. Mayor Stafford agreed and indicated to let the minutes reflect the appointment of Linda Babonis as the City's liaison to the Sonoma County Waste Management Agency. 10. STANDING COMMITTEE / AD HOC COMMITTEE / LIAISON REPORTS A. Standing Committee Reports I. Water Issues, 5/4/10 mtg. (GB /JM) — Council Member Mackenzie indicated the Water Advisory Committee (WAC) met the day before this committee and indicated he would like to report on the WAC meeting first and then proceed with the Water Issues report. AGENDA ORDER — Mayor Stafford agreed to move the Water Advisory Committee report, listed under Liaison Reports, forward on the agenda for handling prior to the report on the Water Issues Committee; as requested. Minutes of the City of Rohnert Park JOINT REGULAR MEETING (7 of 11) May 11, 2010 for City Council/Community Development Commission / Rohnert Park Financing Authority C. Liaison Reports 1. Water Advisory Committee, 5/3/10 mtg. (JM /GB) — Council Member Mackenzie reported on his attendance at this meeting with the Sonoma County Water Agency (SCWA) which included a presentation by Interim Chief Engineer Jay Jaspers on the Ten Strategic Directions that the Board of Directors of the Water Agency established last fall and requested that staff of the Water Agency work with the contractors to come up with a strategic action plan. He noted that the strategic action plan was presented as a draft to the Technical Advisory Committee in April and then reported to them at their joint meeting on May 3rd. The presentation was accepted with one caveat that Members of the Water Advisory Committee felt there should be an accompanying document before it was presented to City Councils and other Boards that meet to review this. That document is the connectivity on the short term items that are three items in each of the strategies to be considered in the upcoming budget being discussed. Members of WAC felt that before anything moved forward that they should have such a list. They hope to make presentations to each of their City Councils and Boards between now and the meeting of WAC on August 2nd but before doing that they wanted to see what the fiscal implications were before examining the draft strategies. AGENDA ORDER — Returned to regular meeting agenda order. A. Standing Committee Reports 1. Water Issues, 5/4/10 mtg. (GB /JM) — Council Member Mackenzie reported on this meeting pertaining to the above item indicating that Vice Mayor Belforte and he agreed to schedule another meeting of the Water Issues Committee to review this matter further with Director of Development Services Darrin Jenkins to bring back to Council at a future time for Council direction on this matter. 2. Other, if any - None B. Ad Hoc Committee Reports 1. Revenue Enhancement, 4/29/10 mtg. (AB /JM) — Council Member Breeze shared this was the Committee's last scheduled meeting unless something arises that needs attention. She reviewed the report distributed at the Council meeting for this item which included acknowledging the past four mailers sent to community members with information on the City's budget situation and declaration of fiscal emergency. She noted that in the month of May they will be pulling back on mailers and will be disbursing information to continue addressing community questions and providing information about Measure E using several low or no cost communications available at city hall outreaches including: distributing updated Frequently Asked Questions at City Hall, to reflect questions that have come from the public; updating the City's Website continually with the latest information on the City's budget process; continuing to reach out to community groups and provided updates on the City's Budget Crisis; sending e- mail updates to the City's retirees who still live locally; and updating the City's database of Community Leaders, including Board and Commission members. Minutes of the City of Rohnert Park JOINT REGULAR MEETING (8 of 11) May 11, 2010 for City Council /Community Development Commission /Rohnert Park Financing Authority Council Member Mackenzie noted that the report speaks for itself and speaking for Council Member Breeze and himself, shared they have enjoyed working with Jennifer Root as an excellent consultant of the Lew Edwards Group. Council Members Mackenzie and Breeze recommended - future Council recognition expressing appreciation to Jennifer Root for her efforts. C. Liaison Reports 1. Water Advisory Committee, 5/3/10 mtg. (JM /GB) — Moved forward & handled w /first report on Water Issues - This report was handled at the beginning of this Item No. 10 prior to the Water Issues Standing Committee Report. 2. Other, if any — None D. Other Reports 1. Sonoma County Transportation Authority (SCTA)/Regional Climate Protection Authority (RCPA), 5/10/10 mtg. (JM) - Council Member Mackenzie advised that the SCTA /RCPA met yesterday afternoon. He reported on items reviewed at this meeting which included the proposed budgets presented for SCTA for Measure M and the Regional Climate Protection Authority, which he provided to Acting City Manager Jenkins with his noted preferences to include in the City's upcoming budget process. Secondly, he reviewed aspects of the lengthy discussion they had on the vehicle license fees proposed for the November ballot, which was approved with all twelve members present and only Petaluma opposed indicating they weren't going to do anything on this unless there was polling. Council Member Mackenzie shared that the question regarding whether there should be a sunset provision generated many different responses and they will be asked for direction at their June meeting so asked if an item could be placed on the next Council agenda to discuss this issue. Council Member Mackenzie commented on the discussion on funding allocation percentages as to whether they should be specifically for transit, pedestrian, bicycles, and safe rides to school, with reference to Council's previous direction to state that a substantial amount should be allocated toward road maintenance, and advised that he was in the minority on that. Three of the members wished to have road maintenance and nine wished not to have road maintenance so the measure coming back to them for review in June will not include a percentage for roads. Council Member Mackenzie responded to Vice Mayor Belforte's question asking if the state can take the money from DMV if they so wish, that he would have to come back to that in June. He displayed a matrix with outcomes and indicated these were the items that would be coming back to them so there will be further reporting on this. 2. Education Committee meeting — Mayor Stafford advised that Acting City Manager Jenkins and she met recently with representatives of the Cotati- Rohnert Park Unified School District. She shared that basically they had a general discussion about working together and making sure that we thought of each other when we did things. Mayor Stafford indicated that the School District representatives who attended this meeting were Barbara Vrankovich, Wade Roach, Karyn Pulley and Eric Kirchmann. Minutes of the City of Rohnert Park JOINT REGULAR MEETING (9 of 11) May 11, 2010 for City Council /Community Development Commission / Rohnert Park Financing Authority 3. Sonoma County Water Agency with the Expeditionary Learning Group from Mountain Shadows Middle School - Mayor Stafford shared that the Sonoma County Water Agency was here a couple of weeks ago working with the Expeditionary Learning Group from Mountain Shadows Middle School working in the creeks hauling out grocery carts and other debris. Discussion ensued commending this effort and participants involved with it. 11. COMMUNICATIONS Copies of communications were provided to Council for review prior to this meeting. Council Members desiring to read or discuss any communication may do so at this time. No action may be taken except to place a particular item on a future agenda for Council consideration. 1. Council Member Callinan called attention to Item No. 4 on Communications regarding the invitation to attend the 24`" Avenue of the Flags, Memorial Day Ceremony on Monday, May 31, 2010, at the Rohnert Park Community Center, starting at 9:30 a.m. 2. Council Member Callinan asked Acting City Manager Jenkins if the City responds to these letters Council receives. Acting City Manager Jenkins responded that it varies with the type of communication and although he was not familiar with the routine process, understood that staff does not typically respond to items opposing or supporting an issue, but does respond to department related issues that have been forwarded from the City Manager's Office for handling by the relevant city department. He indicated that if Council wants to respond to a communication, they can give direction to staff to respond. 3. Council Member Breeze called attention to Item No. 3 on Communications addressed to the City Councilmembers from Director of Public Safety, Brian Masterson, regarding the impacts on Public Safety if Measure E fails. She noted that this letter points out potential service level reductions that the Chief would be forced to recommend if additional cuts are made to public safety funding in the event that Measure E failed. Council Member Breeze highlighted the items listed which included elimination of the Special Enforcement Unit (SEU) and explained that, even though the Federated Indians of Graton Rancheria funds the SEU, the City would most likely have to fill vacancies in police and fire operations to continue to control the overtime expenditures. She commented on the benefits everyone knows the SEU Team brings toward crime reduction in our community, especially in the Part 1 crimes. Council Member Breeze continued with the items listed including: eliminate the traffic unit; eliminate the K -9 unit; reduce the Detectives in Investigations Bureau; reduce or close the animal shelter; eliminate Vehicle Abatement; eliminate weed abatement in the fire division; rotate brown out of fire stations so that fewer are open at any given time to respond to 911 calls; eliminate response by a Public Safety Officer to the following calls from citizens: all cold misdemeanor crimes with no suspect information, for example: lost property, vandalism, graffiti, private party accident reports, ID Theft with no suspect information, vehicle burglaries with no suspect information, and annoying or harassing phone calls. She shared that all of these would basically be services that are currently being provided and would have to be recommended by our Chief for cuts if Measure E fails. Minutes of the City of Rohnert Park JOINT REGULAR MEETING (10 of 11) May 11, 2010 for City Council /Community Development Commission /Rohnert Park Financing Authority 12. MATTERS FROM/FOR COUNCIL A. Mayors' & Councilmembers' Association - Consideration of proposed bylaw changes (PS) 1. Council discuss ion /direction / aetion — Mayor Stafford explained this item. Discussion concluded in COUNCIL CONCURRENCE that this is straight forward and the Mayor has Council approval to support the proposed bylaw changes as submitted. B. Confirming the cancellation of June 8, 2010 Joint Regular Meeting of the City Council - CDC-RPFA due to being Election Day and re- schedule as a Joint Special Meeting of the City Council - CDC -RPFA on June 15, 2010 1. Council discussion /direction /action — MOTION by Council Member Mackenzie to confirm the cancellation of June 8, 2010 Joint Regular Meeting of the City Council - CDC -RPFA due to being Election Day and re- schedule at a Joint Special Meeting of the City Council- CDC -RPFA on June 15, 2010, seconded by Council Member Callinan, CARRIED UNANIMOUSLY, said motion was APPROVED. C. Calendar of Events — Mayor Stafford advised this item was provided for informational purposes. She pointed out that the Chamber of Commerce is having a Business Showcase on May 20'" at the Doubletree Hotel. She noted it will be open at 5:00 p.m. to the public and encouraged people to come and support our businesses. D. Other informational items 1. Code Enforcement Officer - Council Member Callinan referred to concerns he brought up a couple of weeks ago regarding the Code Enforcement Officer position; shared a recent example on how a situation was handled by the Building Department without a Code Enforcement Officer; and requested an update on this position. Response by Acting City Manager Jenkins included reference to comments mentioned earlier to Council on the need to assess the work load, the type of code enforcement Council would want, and then consideration of funding the position. He indicated staff will be bringing this item forward during upcoming budget reviews and noted that staff is responding to current complaints. 2. New City Manager Recruitment Process — Council Member Callinan requested the City Attorney to provide, as appropriate, an update to Council on the recruitment process for the new City Manager. 3. Mutt Strut — Council Member Breeze called attention to the Mutt Strut Dog Walk and Pet Fair on Saturday, May 2nd from 10:00 a.m. to 2:00 p.m. at Sonoma Mountain Village with dog walk entry fee of $5.00. She shared information listed on the program providing fun for kids and adults; encouraged others to attend and support this event; and indicated the Mutt Strut is hosted by the Animal Shelter League as a fundraiser for the Rohnert Park Animal Shelter. Minutes of the City of Rohnert Park JOINT REGULAR MEETING (11 of 11) May 11, 2010 for City Council /Community Development Commission / Rohnert Park Financing Authority 4. Green Music Center Event with San Francisco Philharmonic Symphony Council Member Mackenzie commended the spectacular private event he and his wife, Barbara, attended recently at the Green Music Center with the San Francisco Philharmonic was present in full symphony. He explained the reason for the private event as a major effort to raise money so the Fire Marshall will be able to authorize selling tickets there when seats are available. 5. Acting City Manager Appreciation - Mayor Stafford expressed appreciation to Darrin Jenkins for his past ten days of service as Acting City Manager. 13. PUBLIC COMMENTS Mayor Stafford invited public comments at 8:05 p.m. No one responded. 14. ADJOURNMENT of City Council - CDC -RPFA Joint Regular Meeting Mayor Stafford adjourned this meeting at 8:06 p.m. udy J14uff, City rk City of Rohnert Park Pam Stafford, Mayor City of Rohnert Park CITY OF ROHNERT PARK BILLS FOR APPROVAL May 19, 2010 192471- 192672 Dated May 5, 2010 - May 19, 2010 $1,181,608.61 TOTAL $1,181,608.61 Accounts Payable Checks for Approval User: speterson Printed: 05/19/2010 - 12:26 PM Check Number Check Date Fund Name Account Name Vendor Name Amount 192471 05/05/2010 General Fund Police /Professional Scott Steever in trust for Vin 28,500.00 Check Total: 28,500.00 192472 05/06/2010 General Fund City Hall /Office Supplie BUSINESS CARD 119.23 Check Total: 119.23 192473 05/06/2010 General Fund City Hall /Office Supplie Office Depot 7.99 192473 05/06 /2010 General Fund City Hall /Office Supplie Office Depot 520.38 192473 05/06/2010 General Fund City Hall /Office Supplie Office Depot 40.65 Check Total: 569.02 192474 05/06/2010 General Fund Kristina Owens 301.37 192474 05/06/2010 General Fund Kristina Owens 500.00 Check Total: 801.37 192475 05/06/2010 General Fund Police /Contractual S So Co Public Safety Consortium 50,893.68 Check Total: 50,893.68 192476 05/06/2010 General Fund Center /Postage UNITED STATES POST OFFICE 61.67 192476 05/06/2010 General Fund Recreation Adm /Postage UNITED STATES POST OFFICE 61.67 192476 05/06/2010 General Fund Pac /Postage UNITED STATES POST OFFICE 61.66 Check Total: 185.00 192477 05/06/2010 General Fund Standard Ins Payable LINCOLN NATIONAL LIFE INS CO 4,250.17 AP - Checks for Approval ( 05/19/2010 - 12:26 PM ) Page 1 Check Number Check Date Fund Name Account Name Vendor Name Amount 192477 05/06/2010 General Fund Emplyee Benfits /Life Ins /Sala LINCOLN NATIONAL LIFE INS CO 1,070.64 Check Total: 5,320.81 192478 05/11/2010 Utility Fund Collection/Contract Svcs -Rp Di ROHNERT PARK DISPOSAL 192478 05/11/2010 Utility Fund City Contractual Svcs ROHNERT PARK DISPOSAL 192478 05/11/2010 Utility Fund General Operating Cash ROHNERT PARK DISPOSAL 192478 05/11/2010 Utility Fund Refuse Col Entr /Cash ROHNERT PARK DISPOSAL 192478 05/11/2010 Utility Fund Refuse Col Entr/Refuse Div/Ed ROHNERT PARK DISPOSAL 192478 05/11/2010 General Fund Cash ROHNERT PARK DISPOSAL 192478 05/11 /2010 General Fund Refuse Franchise Fees ROHNERT PARK DISPOSAL 192478 05/11/2010 General Fund Admin. Svcs.-Refuse Rechg ROHNERT PARK DISPOSAL 192478 05/11/2010 General Fund Admin. Svcs.-Refuse Rechg ROHNERT PARK DISPOSAL Check Total: 192479 05/11/2010 General Fund Court Order Payable CA FRANCHISE TAX BOARD Check Total: 192480 05/11/2010 General Fund Blue Cross W/H Payable HSA Bank Check Total: 192481 05/11/2010 General Fund Miscellaneous Income INTERNAL REVENUE SERVICE Check Total: 192482 05/11/2010 General Fund Kaiser W/H Payable KAISER HEALTH PLAN INC 192482 05/11/2010 General Fund Emplyee Benfits /Medical Insur KAISER HEALTH PLAN INC Check Total: 192483 05/11/2010 General Fund Emplyee Benfits /Medical Insur KAISER HEALTH PLAN INC Check Total: 192484 05/11/2010 General Fund Court Order Payable CYNTHIA LOEFFLER Check Total: 737,492.26 137,630.13 737,492.26 - 888,441.43 13,319.04 137,630.13 - 88,793.63 - 31,077.77 - 17,758.73 737,492.26 75.00 75.00 100.00 100.00 3,136.66 3,136.66 94,166.18 37,813.07 131,979.25 611.86 AP - Checks for Approval ( 05/19/2010 - 12:26 PM ) Page 2 611.86 550.00 550.00 Check Number Check Date Fund Name Account Name Vendor Name Amount 192485 05/11/2010 General Fund Standard Ins Payable MYERS- STEVENS & TOOHEY 1,384.50 Check Total: 1,384.50 192486 05/11 /2010 General Fund Def Comp Payable -Gw NATIONAL DEFERRED COMPENSATIO 3,235.33 Check Total: 3,235.33 192487 05/11 /2010 General Fund Def Comp Payable -Gw NATIONAL DEFERRED COMPENSATIO 1,646.04 Check Total`. 1,646.04 192488 05/11/2010 General Fund Rpea Dues CITY OF ROHNERT PARK 390.00 Check Total: 390.00 192489 05/11/2010 General Fund Scope Dues Payable SEIU Local 1021 1,042.86 Check Total: 1,042.86 192490 05/11/2010 General Fund, United Way Payable UNITED WAY 85.00 Check Total: 85.00 192491 05/11 /2010 General Fund Eye Care/VSP/Payables Vision Service Plan - (CA) 3,785.38 Check Total: 3,785.38 192492 05/11/2010 General Fund Emplyee Benfits /Eye Care Vision Service Plan - (CA) 1,687.45 Check Total: 1,687.45 192493 05/11/2010 General Fund Emplyee Benfits /Eye Care Vision Service Plan - (CA) 83.25 Check Total: 83.25 192494 05/12/2010 Utility Fund Water Entr. /Spec. Departm Buchanan Food Service 220.07 Check Total: 220.07 192495 05/12/2010 Utility Fund Water Entr. /Miscellaneous CA Public Heath Department 70.00 AP - Checks for Approval ( 05/19/2010 - 12:26 PM ) Page 3 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 70.00 192496 05/12/2010 Utility Fund VEHICLE GAS & OIL Chevron and Texaco Business Ca 252.78 Check Total: 252.78 192497 05/12/2010 Utility Fund Water Entr. Bldg/Facilty Grainger, Inc. 190.57 192497 05/12/2010 Utility Fund Water Entr. Bldg/Facilty Grainger, Inc. - 190.57 192497 05/12/2010 Utility Fund Water Entr. /Small Tools Grainger, Inc. 366.65 192497 05/12/2010 Utility Fund Water Entr. /Spec. Departm Grainger, Inc. 114.60 192497 05/12/2010 Utility Fund Water Entr. /Spec. Departm Grainger, Inc. 20.01 Check Total: 501.26 192498 05/12/2010 Utility Fund Water Emr. /Miscellaneous Jason Kindle 50.00 Check Total: 50.00 192499 05/12/2010 Utility Fund Water Conservation Measures Kristina Owens 10.45 Check Total: 10.45 192500 05/12/2010 Utility Fund Water Entr. /Heat/Light/Po Pacific Gas & Electric 1,676.85 192500 05/12/2010 Utility Fund Water Entr. /Heat/Light/Po Pacific Gas & Electric 8.87 Check Total: 1,685.72 192501 05/12/2010 Utility Fund Water Entr. /Contractual S The Reed Group 577.50 Check Total: 577.50 192502 05/12/2010 Utility Fund Water /Clothing Allowance Sunset Linen Service 55.75 Check Total: 55.75 192503 05/12/2010 Utility Fund Water Entr. /Miscellaneous ZAC THILL 50.00 Check Total: 50.00 192504 05/12/2010 Utility Fund Water Entr. /Small Tools White Cap Construction Supply 330.41 AP - Checks for Approval ( 05/19/2010 - 12:26 PM) Page 4 Check Number Check Date Fund Name 192504 05/12/2010 Utility Fund 192504 05/12 /2010 Utility Fund 192504 05/12/2010 Utility Fund 192505 05/12/2010 Utility Fund 192506 05/12/2010 Utility Fund 192506 05/12/2010 Utility Fund 192506 05/12/2010 Utility Fund 192507 05/12/2010 Utility Fund 192508 05/12/2010 Utility Fund 192509 05/12/2010 Utility Fund 192510 05/12/2010 Utility Fund 192511 05/12/2010 Utility Fund Account Name Vendor Name Amount Water Entr. /Small Tools White Cap Construction Supply 330.41 Water Entr. /Small Tools White Cap Construction Supply 446.95 Water Entr. /Small Tools White Cap Construction Supply 446.95 Check Total: 1,554.72 Vehicle Gas & Oil Chevron and Texaco Business Ca 146.45 Check Total: 146.45 Sewer Entr /CO Furniture Grainger, Inc. 353.41 Sewer Entr. /Spec Dept Equ Grainger, Inc. 903.00 Sewer Entr. /Vehicle Repair Grainger, Inc. 10.08 Check Total: 1,266.49 Sewer Entr. /Small Tools Home Depot 67.46 Check Total: 67.46 Sewer Entr. /Professional McDonough Holland & Allen PC 2,550.60 Check Total: 2,550.60 Sewer Entr. /Contractual S The Reed Group 577.50 Check Total: 577.50 Sewer Entr. /Vehicle Repair Reliable Hardware & Steel Co. 28.32 Check Total: 28.32 Sewer Entr. /Clothing Allow Sunset Linen Service 45.00 Check Total: 45.00 192512 05/12/2010 General Fund Center /C /O- Improveme Home Depot 125.21 Check Total: 125.21 192513 05/12/2010 General Fund Center /C /O- Improveme Reliable Hardware & Steel Co. 6.61 AP - Checks for Approval ( 05/19/2010 - 12:26 PM) Page 5 Check Number Check Date Fund Name Account Name Vendor Name Amount General Fund 192519 05/12/2010 Check Total: 6.61 192514 05/12/2010 General Fund Refundable Deposits McDonough Holland & Allen PC 12,681.24 192514 05/12/2010 General Fund Refundable Deposits McDonough Holland & Allen PC 1,448.20 137.78 Check Total: Check Total: 14,129.44 192515 05/12/2010 General Fund Contrct/Classes /Contractual S All Good Education Corp 56.25 192516 05/12/2010 General Fund 192517 05/12/2010 General Fund 192518 05/12/2010 General Fund 192519 05/12/2010 General Fund 192519 05/12/2010 General Fund 192519 05/12/2010 General Fund 192519 05/12/2010 General Fund 192520 05/12/2010 General Fund 192521 05/12/2010 General Fund 192522 05/12/2010 General Fund AP - Checks for Approval ( 05/19/2010 - 12:26 PM ) Animal Shelter Bldg/Facilty M Aramark Uniform Services Trees & Parkwys /Spec Dept Equ Fire /Training & Ed City Hall Annex Bldg/Facilty Pac /Facility Repa Publ Works Gen /Spec. Departm Police /Office Supplie Bayshore International Steve Boggeri Buchanan Food Service Buchanan Food Service Buchanan Food Service Buchanan Food Service Fire /Vehicle Repai Burton's Fire, Inc. Personnel /Recruitment/F CA Justice Dept Traffic Signals /Contractual S CA Signals & Lighting Check Total: 56.25 32.00 Check Total: 32.00 150.94 Check Total: 150.94 220.00 Check Total: 220.00 117.21 259.95 59.20 137.78 Check Total: 574.14 1,557.01 Check Total: 1,557.01 15.00 Check Total: 15.00 Page 6 701.17 Check Number Check Date Fund Name Account Name Vendor Name Amount AP - Checks for Approval ( 05/19/2010 - 12:26 PM ) Page 7 Check Total: 701.17 192523 05/12/2010 General Fund Sports Center /Fac Maint/Non- Cal -Steam 667.08 Check Total: 667.08 192524 05/12/2010 General Fund Police /Vehicle Repai Carl's Body Shop 105.00 Check Total: 105.00 192525 05/12/2010 General Fund Police /Contractual S Certifion Corporation 127.25 Check Total: 127.25 192526 05/12/2010 General Fund Police /Gas & Oil Chevron and Texaco Business Ca 850.43 192526 05/12/2010 General Fund Fire /Gas & Oil Chevron and Texaco Business Ca 41.23 192526 05/12/2010 General Fund Publ Works Gen /Gas & Oil Chevron and Texaco Business Ca 1,172.63 Check Total: 2,064.29 192527 05/12/2010 General Fund Fire /Training & Ed Coastal Valleys EMS Agency 25.00 Check Total: 25.00 192528 05/12/2010 General Fund Non- Department /Contractual S Community MEdia Center of Sant 1,148.75 Check Total: 1,148.75 192529 05/12/2010 General Fund Fire /Training & Ed Brandon Davidge 265.00 Check Total: 265.00 192530 05/12/2010 General Fund Rec Ref Clearing Lisa Dittmore 400.00 192530 05/12/2010 General Fund Rec Ref Clearing Lisa Dittmore - 200.00 Check Total: 200.00 192531 05/12/2010 General Fund City Hail Bldg/Facilty DUST -TEX SERVICES, INC. 44.50 AP - Checks for Approval ( 05/19/2010 - 12:26 PM ) Page 7 Check Number Check Date Fund Name Account Name Vendor Name Amount 192535 05/12/2010 General Fund 192535 Check Total: 44.50 192532 05/12/2010 General Fund Center Bldg/Facilty Energy Mizer of Sonoma Valley, 91.29 Police Nehicle Repai Hansel Ford Police Nehicle Repai Hansel Ford Check Total: 91.29 192533 05/12/2010 General Fund Benecia Pool /Bldg/Facilty Eureka Oxygen Co. 156.96 192533 05/12/2010 General Fund H Pool Bldg/Facilty Eureka Oxygen Co. 242.44 192534 05/12/2010 General Fund 192535 05/12/2010 General Fund 192535 05/12/2010 General Fund 192535 05/12/2010 General Fund 192535 05/12/2010 General Fund 192535 05/12/2010 General Fund 192535 05/12/2010 General Fund 192536 05/12/2010 General Fund 192536 05/12/2010 General Fund 192536 05/12/2010 General Fund 192536 05/12/2010 General Fund 192536 05/12/2010 General Fund 192537 05/12/2010 General Fund 192538 05/12/2010 General Fund 192538 05/12/2010 General Fund Animal Control /Spec. Departm Frizelle Enos Streets & Bike /Spec. Departm Grainger, Inc. Codding Center /Fac Maint/Non- Grainger, Inc. Comm Cntr Grnds /Spec. Departm Grainger, Inc. Park Maint /Spec. Departm Grainger, Inc. Park Maint /Spec. Departm Grainger, Inc. Streets & Bike /Spec. Departm Grainger, Inc. Police Nehicle Repai Hansel Ford Police Nehicle Repai Hansel Ford Police Nehicle Repai Hansel Ford Police Nehicle Repai Hansel Ford Police Nehicle Repai Hansel Ford Check Total: Check Total: Check Total: Check Total: Publ Works Gen /Spec. Departm Hertz Equipment Rental Corpora Check Total: Animal Control/Shelter Food Hill's Pet Nutrition Sales, In Animal Control /Shelter Food Hill's Pet Nutrition Sales, In AP - Checks for Approval ( 05/19/2010 - 12:26 PM) Page 8 399.40 101.23 101.23 36.10 17.68 93.37 12.63 62.26 69.86 291.90 -38.24 70.20 179.57 168.41 179.57 559.51 29.76 29.76 35.32 30.52 Check Number Check Date Fund Name Account Name Vendor Name Amount AP - Checks for Approval ( 05/19/2010 - 12:26 PM ) Page 9 Check Total: 65.84 192539 05/12/2010 General Fund Police /Training & Ed Hilton Anaheim Hotel 1,610.00 Check Total: 1,610.00 192540 05/12/2010 General Fund Center Bldg/Facilty The Hitmen Termite & Pest Control 60.00 192540 05/12/2010 General Fund City Hall Bldg/Facilty The Hitmen Termite & Pest Control 60.00 Check Total: 120.00 192541 05/12/2010 General Fund Fire /Training & Ed Holiday Inn Express 378.00 Check Total: 378.00 192542 05/12/2010 General Fund Park Maint /Spec. Departm Home Depot 36.99 192542 05/12/2010 General Fund Park Maint /Spec. Departm Home Depot 456.58 192542 05/12/2010 General Fund Ps Main. Station/Fac Maint/Non- Home Depot 45.39 Check Total: 538.96 192543 05/12/2010 General Fund Park Maint /Spec. Departm Horizon Distribution Inc. 186.51 192543 05/12/2010 General Fund Non - Department /Self - Insured Horizon Distribution Inc. 610.40 Check Total: 796.91 192544 05/12/2010 General Fund Cherie Jones 50.00 Check Total: 50.00 192545 05/12/2010 General Fund Streets & Bike /Spec. Departm Kelly -Moore Paint Company Inc. 113.93 Check Total: 113.93 192546 05/12/2010 General Fund Animal Control /Contractual S Koefran Industries 400.00 Check Total: 400.00 192547 05/12/2010 General Fund Non - Department /Professional The Lew Edwards Group 1,433.48 AP - Checks for Approval ( 05/19/2010 - 12:26 PM ) Page 9 Check Number Check Date Fund Name Account Name Vendor Name Amount 192548 05/12/2010 General Fund 192549 05/12/2010 General Fund 192550 05/12/2010 General Fund 192550 05/12/2010 General Fund T &E - City Represesentation Fire !Uniforms Pac /City Events /Contractual S Pac /City Events /Contractual S 192551 05/12/2010 General Fund Legal Services /Professional 192551 05/12/2010 Capital Projects Fund Southeast Dist. Specific Plan 192551 05/12/2010 Capital Projects Fund University Dist. Specific Plan 192551 05/12/2010 General Fund Rent Appeals Bd /Professional 192551 05/12/2010 General Fund Legal Services /Professional 192551 05/12/2010 General Fund Legal Services /Professional 192551 05/12/2010 General Fund Legal Services /Professional 192551 05/12/2010 Capital Projects Fund Sonoma Mtn Village Project 192551 05/12/2010 General Fund Legal Services /Professional 192551 05/12/2010 General Fund Legal Services /Professional 192551 05/12/2010 Utility Construction Fund Canon Manor Sewer Project 192552 05/12/2010 General Fund General Sales Tax John Mackenzie Mallory Fire Brian Mc Carthy Brian Mc Carthy McDonough Holland & Allen PC McDonough Holland & Allen PC McDonough Holland & Allen PC McDonough Holland & Allen PC McDonough Holland & Allen PC McDonough Holland & Allen PC McDonough Holland & Allen PC McDonough Holland & Allen PC McDonough Holland & Allen PC McDonough Holland & Allen PC McDonough Holland & Allen PC MuniServices, LLC Check Total: Check Total: Check Total: Check Total: Check Total: 1,433.48 684.95 684.95 59.91 59.91 113.40 1,422.75 1,536.15 24,389.16 5,500.38 1,487.20 224.64 264.16 4,887.84 5,690.88 15,547.30 174.72 79.56 1,228.76 59,474.60 500.00 Check Total: 500.00 192553 05/12/2010 General Fund Finance /Spec. Departm National Document Solutions, L 989.44 Check Total: 989.44 192554 05/12/2010 General Fund Police /Equipment Leas Newcal Industries 626.65 192554 05/12/2010 General Fund City Hall /Rent/Lease/Ta Newcal Industries 699.71 192554 05/12/2010 General Fund Recreation Adm /Rent/Lease /Tax Newcal Industries 71.33 192554 05/12/2010 General Fund Youth & Fam Svc/Equipment Leas Newcal Industries 71.33 AP - Checks for Approval ( 05/19/2010 - 12:26 PM) Page 10 Check Number Check Date Fund Name Account Name Vendor Name Amount General Fund 192559 05/1212010 General Fund 192559 192554 05/12/2010 General Fund Center /Rent/Lease /Ta Newcal Industries 71.33 192554 05/12/2010 General Fund Publ Works Gen /Rent/Lease/Ta Newcal Industries 71.33 192554 05/12/2010 General Fund Animal Control / Eqpt Lease Newcal Industries 71.33 192554 05/12/2010 General Fund Sports Center /Rent/Lease/Tax Newcal Industries 71.33 192554 05/12/2010 General Fund Pac /Admin /Rent/Lease/Tax Newcal Industries 71.33 192555 05/12/2010 General Fund 192556 05/12/2010 General Fund 192557 05/12/2010 General Fund 192558 05/12/2010 General Fund 192559 05/1212010 General Fund 192559 05/1212010 General Fund 192559 05/1212010 General Fund 192559 05/12/2010 General Fund 192560 05/12/2010 General Fund 192561 05/12/2010 General Fund 192562 05/12/2010 General Fund Police / Cell Phone Pac/Pasco /Advertising/P Public Safety Services Fire /Contractual S City Center Plaza /Heat/Light/ City Center Plaza /Heat/Light/ Traffic Signals /Heat/Light/Po City Hall /Heat/Light/Po Non - Department /Self - Insured Check Total: 1,825.67 Nextel Communications 638.04 Check Total: 638.04 North Bay Bohemian 266.48 Check Total: 266.48 Gussie O'Meara 5.00 Check Total: Occupational Health Centers of Check Total: Pacific Gas & Electric Pacific Gas & Electric Pacific Gas & Electric Pacific Gas & Electric Pacific Physical Therapy Animal Control/Spec Dept Equip Pacific Sales R.P. Gymnasium /Concession Pu Pepsi -Cola Check Total: Check Total: Check Total: 5.00 703.85 703.85 147.79 60.13 51.51 146.54 405.97 150.00 150.00 2,463.49 2,463.49 326.64 AP - Checks for Approval ( 05/19/2010 - 12:26 PM) Page 11 Check Number Check Date Fund Name 192563 05/12/2010 General Fund 192564 05/12/2010 General Fund 192565 05/12/2010 General Fund 192566 05/12/2010 General Fund 192567 05/12/2010 General Fund 192568 05/12/2010 General Fund 192569 05/12/2010 General Fund 192569 05/12/2010 General Fund 192569 05/12/2010 General Fund 192570 05/12/2010 General Fund 192570 05/12/2010 General Fund 192571 05/12/2010 General Fund AP - Checks for Approval ( 05/19/2010 - 12:26 PM ) Account Name Vendor Name Amount Page 12 Check Total: 326.64 Publ Works Gen /Gas & Oil PG &E 45.83 Check Total: 45.83 Police /Travels & Mee Patty Poon 22.10 Check Total: 22.10 Animal Control /Spec. Departm Positive Promotions, Inc. 104.72 Check Total: 104.72 Trees & Parkwys /Spec. Departm Power Industries 47.40 Check Total: 47.40 Police /Armory Proforce Law Enforcement 2,088.87 Check Total: 2,088.87 Fire /Training & Ed Radisson Hotel 381.32 Check Total: 381.32 Publ Works Gen /Gas & Oil Redwood Coast Petroleum 1,361.09 Police /Gas & Oil Redwood Coast Petroleum 1,593.00 Police /Gas & Oil Redwood Coast Petroleum 845.19 Check Total: 3,799.28 R.P. Comm. Cntr Bldg/Facilty Redwood Lock & Key 23.98 Publ Works Gen /Fac Maint/Non- Redwood Lock & Key 5.45 Check Total: 29.43 Police /Vehicle Repai Reliable Auto Glass 275.00 Page 12 Check Number Check Date Fund Name Account Name Vendor Name Amount 192572 05/12/2010 General Fund 192573 05/12/2010 General Fund 192573 05/12/2010 General Fund 192574 05/12/2010 General Fund 192575 05/12/2010 General Fund 192575 05/12/2010 General Fund 192576 05/12/2010 General Fund 192576 05/12/2010 General Fund 192576 05/12/2010 General Fund 192577 05/12/2010 General Fund 192578 05/12/2010 General Fund 192578 05/12/2010 General Fund 192578 05/12/2010 General Fund 192579 05/12/2010 General Fund Check Total: Police /Training & Ed David Rodriguez Check Total: Publ Works Gen /Vehicle Repai Royal Coach Chevron Car Wash Police /Vehicle Repai Royal Coach Chevron Car Wash Check Total: Animal Control /Spec. Departm Sally Tomatoes Pac/Pasco /Advertising/P San Francisco Chronicle Pac/Pasco /Advertising/P San Francisco Chronicle Fire /Vehicle Repai Santa Rosa Auto Parts Publ Works Gen /Vehicle Repai Santa Rosa Auto Parts Police /Vehicle Repai Santa Rosa Auto Parts Publ Works Gen Bldg/Facilty Fire /Uniforms Police /Uniforms Police /Uniforms Check Total: Check Total: Check Total: Santa Rosa Fire Equipment Sery Check Total: Santa Rosa Uniform & Career Ap Santa Rosa Uniform & Career Ap Santa Rosa Uniform & Career Ap Check Total: Ps Main Station/Fac Maint/Non- Schneider Electric Buildings A Check Total: 275.00 90.00 90.00 7.00 54.99 61.99 475.00 475.00 3,760.01 500.00 4,260.01 -70.65 4.80 337.25 271.40 35.97 35.97 130.69 117.61 54.57 302.87 665.00 665.00 AP - Checks for Approval ( 05/19/2010 - 12:26 PM ) Page 13 Check Number Check Date Fund Name Account Name Vendor Name Amount 192580 05/12/2010 General Fund S.A. Exams /Professional So Co Health Service 3,600.00 Check Total: 3,600.00 192581 05/12/2010 General Fund Animal Shelter Fees Pat Stiefer 95.00 Check Total: 95.00 192582 05/12/2010 General Fund Contrct/Classes /Contractual S Sue Stubblebine 331.77 Check Total: 331.77 192583 05/12/2010 General Fund Publ Works Gen /Clothing Allo Sunset Linen Service 138.00 Check Total: 138.00 192584 05/12/2010 General Fund Streets & Bike /Spec. Departm Syar Industries, Inc. 84.76 192584 05/12/2010 General Fund Streets & Bike /Spec. Departm Syar Industries, Inc. 86.33 Check Total: 171.09 192585 05/12/2010 General Fund City Hall Bldg/Facilty ThyssenKrupp Elevator Corp 270.00 Check Total: 270.00 192586 05/12/2010 General Fund Theatre /Spec. Departm Tickets.com 475.00 Check Total: 475.00 192587 05/12/2010 General Fund Plan Check Fees Underground Construction 70.00 Check Total: 70.00 192588 05/12/2010 General Fund City Hall Bldg/Facilty Universal Building Services 1,150.00 Check Total: 1,150.00 192589 05/12/2010 General Fund Data Processing/Equipment Leas The UPS Store 65.87 Check Total: 65.87 AP - Checks for Approval ( 05/19/2010 - 12:26 PM) Page 14 Check Number Check Date Fund Name Account Name Vendor Name Amount 192590 05/12/2010 General Fund Rec Ref Clearing Erin Walsh 34.58 Check Total: 34.58 192591 05/12/2010 General Fund Publ Works Gen /Small Tools West County Tool & Equipment 21.34 192591 05/12/2010 General Fund Publ Works Gen /Small Tools West County Tool & Equipment 54.49 Check Total: 75.83 192592 05/12/2010 General Fund Sports Center /Contractual S Winning Edge Sports Training 396.00 Check Total: 396.00 192593 05/12/2010 General Fund Pac/Pasco /Production Wyatfs Musical 200.00 Check Total: 200.00 192594 05/12/2010 General Fund Data Processing /Spec. Departm Zone Music 460.83 Check Total: 460.83 192595 05/13/2010 General Fund City Manager /Contractual Se John Dunn 4,475.00 Check Total: 4,475.00 192596 05/18/2010 General Fund Emplyee Benfits /Medical Insur HARTFORD LIFE INS 20,024.39 Check Total: 20,024.39 192597 05/18/2010 General Fund Emplyee Benfits /Medical Insur HARTFORD LIFE INS 13,158.08 Check Total: 13,158.08 192598 05/19/2010 Utility Fund Water Ent/Distrib SystemRepair Grainger, Inc. 62.39 192598 05/19/2010 Utility Fund Water Ent/Distrib SystemRepair Grainger, Inc. 126.31 192598 05/19/2010 Utility Fund Water Ent/Distrib SystemRepair Grainger, Inc. 16.97 192598 05/19/2010 Utility Fund Water Entr. /Spec Dept Equ Grainger, Inc. 1,000.63 Check Total: 1,206.30 192599 05/19/2010 Utility Fund Water Entr. /Spec Dept Equ Groeniger & Company 99.34 AP - Checks for Approval ( 05/19/2010 - 12:26 PM) Page 15 Check Number Check Date Fund Name 192600 05/19/2010 Utility Fund 192600 05/19/2010 Utility Fund 192600 05/19/2010 Utility Fund 192601 05/19/2010 Utility Fund 192601 05/19/2010 Utility Fund 192602 05/19/2010 Utility Fund 192603 05/19/2010 Utility Fund 192604 05/19/2010 Utility Fund 192605 05/19/2010 Utility Fund 192606 05/19/2010 Utility Fund 192606 05/19/2010 Utility Fund 192606 05/19/2010 Utility Fund 192607 05/19/2010 Utility Fund 192608 05/19/2010 Utility Fund AP - Checks for Approval ( 05/19/2010 - 12:26 PM ) Account Name Vendor Name Amount Page 16 Check Total: 99.34 Water Emr. /Spec. Departm Home Depot 18.51 Water Entr. /Spec. Departm Home Depot 176.55 Water Entr. /Spec. Departm Home Depot 71.42 Check Total: 266.48 Water Entr. /Spec Dept Equ Horizon Distribution Inc. 258.02 Water Entr. /Spec. Departm Horizon Distribution Inc. 1,564.37 Check Total: 1,822.39 Water Entr. /Miscellaneous Martin Ranch Supply 156.96 Check Total: 156.96 Water Entr. /Spec. Departm National Document Solutions, L 95.20 Check Total: 95.20 Water Entr. /Spec. Departm Power Industries 206.33 Check Total: 206.33 Water Emr. /Spec. Departm Reliable Hardware & Steel Co. 44.72 Check Total: 44.72 Water Ent/Distrib SystemRepair Shamrock Materials 120.64 Water Ent/Distrib SystemRepair Shamrock Materials 105.93 Water Ent/Distrib SystemRepair Shamrock Materials 105.93 Check Total: 332.50 Water /Clothing Allowance Sunset Linen Service 55.75 Check Total: 55.75 Water Entr. /Spec. Departm USA Blue Book 194.10 Page 16 Check Number Check Date Fund Name Account Name Vendor Name Amount AP - Checks for Approval ( 05/19/2010 - 12:26 PM) Page 17 Check Total: 194.10 192609 05/19/2010 Utility Fund Sewer Entr. /Dues & Subscr CA Health Services Dept 80.00 Check Total: 80.00 192610 05/19/2010 Utility Fund Sewer Entr. /Spec Dept Equ Complete Welders Supply 16.99 Check Total: 16.99 192611 05/19/2010 Utility Fund Sewer Emr. /Small Tools Grainger, Inc. 386.71 Check Total: 386.71 192612 05/19/2010 Utility Fund Sewer Emr. /Small Tools Home Depot 78.09 192612 05/19/2010 Utility Fund Sewer Entr. /Spec. Departm Home Depot 20.20 192612 05/19/2010 Utility Fund Sewer Entr. /Small Tools Home Depot 21.77 Check Total: 120.06 192613 05/19/2010 Utility Fund Sewer Entr. Bldg/Facilty Horizon Distribution Inc. 76.48 Check Total: 76.48 192614 05/19/2010 Utility Fund Sewer Entr. Bldg/Facilty Kelly -Moore Paint Company Inc. 13.25 Check Total: 13.25 192615 05/19/2010 Utility Fund Sewer Entr. /Spec. Departm Alhambra & Sierra Springs 18.40 Check Total: 18.40 192616 05/19/2010 Utility Fund Sewer Entr. /Clothing Allow Sunset Linen Service 45.00 Check Total: 45.00 192617 05/19/2010 General Fund Inspection /Professional YOUR OTHER OFFICE, INC 239.80 Check Total: 239.80 AP - Checks for Approval ( 05/19/2010 - 12:26 PM) Page 17 Check Number Check Date Fund Name Account Name Vendor Name Amount 192618 05/19/2010 General Fund City Hall Bldg/Facilty Aramark Uniform Services 44.50 Check Total: 44.50 192619 05/19/2010 General Fund Data Processing /Telephone AT &T 5,262.22 Check Total: 5,262.22 192620 05/19/2010 General Fund Pac /Telephone AT &T 5.27 192620 05/19/2010 General Fund R.P. Gymnasium /Telephone AT &T 5.27 192620 05/19/2010 General Fund R.P. Comm. Cntr /Telephone AT &T 5.27 192620 05/19/2010 General Fund Sign/Telephone AT &T 110.24 192620 05/19/2010 General Fund R.P. Gymnasium /Telephone AT &T 59.83 192620 05/19/2010 General Fund Animal Shelter /Telephone AT &T 30.66 192620 05/19/2010 General Fund Data Processing /Telephone AT &T 30.34 192620 05/19/2010 General Fund Ps Main Station /Telephone AT &T 16.45 192620 05/19/2010 General Fund Publ Works Gen /Telephone AT &T 29.98 192620 05/19/2010 General Fund P/S Bldg -South /Telephone AT &T 64.12 192620 05/19/2010 General Fund P/S Bldg -North /Telephone AT &T 60.64 192620 05/19/2010 General Fund Ps Main Station /Telephone AT &T 83.74 192620 05/19/2010 General Fund Ps Main Station /Telephone AT &T 15.49 192620 05/19/2010 General Fund P/S Bldg -North /Telephone AT &T 67.23 192620 05/19/2010 General Fund Rec. Programs /Telephone AT &T 14.55 192620 05/19/2010 General Fund Ps Main Station /Telephone AT &T 28.94 Check Total: 628.02 192621 05/19/2010 General Fund City Hall /Telephone AT &T LONG DISTANCE 93.01 Check Total: 93.01 192622 05/19/2010 General Fund Rec Ref Clearing Yucaidi Barragan 400.00 Check Total: 400.00 192623 05/19/2010 General Fund Police /Training & Ed Michael Bates 40.00 Check Total: 40.00 192624 05/19/2010 General Fund Sign/Spec Dept Equip R &M Billboard Video, Inc 244.51 AP - Checks for Approval ( 05/19/2010 - 12:26 PM) Page 18 Check Number Check Date Fund Name Account Name Vendor Name Amount AP - Checks for Approval ( 05/19/2010 - 12:26 PM ) Page 19 Check Total: 244.51 192625 05/19/2010 General Fund Pac /Facility Repa Buchanan Food Service 50.36 192625 05/19/2010 General Fund Center Bldg/Facilty Buchanan Food Service 183.11 192625 05/19/2010 General Fund Pac /Facility Repa Buchanan Food Service 113.30 Check Total: 346.77 192626 05/19/2010 General Fund Fire Prevention /Train CA Fire Training 40.00 Check Total: 40.00 192627 05/19/2010 General Fund Dawn Cerini 252.20 192627 05/19/2010 General Fund Dawn Cerini 55.70 Check Total: 307.90 192628 05/19/2010 General Fund Rec Ref Clearing Cinthia Cervantes 125.00 Check Total: 125.00 192629 05/19/2010 General Fund Inspection /Professional Code Source 150.00 Check Total: 150.00 192630 05/19/2010 General Fund Rec Ref Clearing Angela Coffman 55.00 Check Total: 55.00 192631 05/19/2010 General Fund R.P. Gymnasium /Spec. Departm Comcast 34.60 Check Total: 34.60 192632 05/19/2010 General Fund Emplyee Benfits /Management Me Robert Dennett 1,450.60 Check Total: 1,450.60 192633 05/19/2010 General Fund Park Maint /Spec. Departm Grainger, Inc. 94.63 192633 05/19/2010 General Fund Park Maint /Spec. Departm Grainger, Inc. 31.13 192633 05/19/2010 General Fund R.P. Gymnasium /Spec. Departm Grainger, Inc. 32.96 AP - Checks for Approval ( 05/19/2010 - 12:26 PM ) Page 19 Check Number Check Date Fund Name Account Name Vendor Name Amount 192633 05/19/2010 General Fund Park Maint /Spec. Departm Grainger, Inc. 112.75 192633 05/19/2010 General Fund R.P. Gymnasium Bldg/Facilty Grainger, Inc. 5.45 192633 05/19/2010 General Fund R.P. Gymnasium Bldg/Facilty Grainger, Inc. 48.13 192633 05/19/2010 General Fund H Pool /Spec. Departm Grainger, Inc. -62.49 192633 05/19/2010 General Fund Publ Works Gen /Spec. Departm Grainger, Inc. 26.67 192633 05/19/2010 General Fund Comm Cntr Grnds /Spec. Departm Grainger, Inc. 58.59 192633 05/19/2010 General Fund Park Maint /Spec. Departm Grainger, Inc. 2.00 192633 05/19/2010 General Fund Trees & Parkwys /Spec. Departm Grainger, Inc. 53.89 Check Total: 403.71 192634 05/19/2010 General Fund Data Processing /Software Main Granicus Inc 700.00 Check Total: 700.00 192635 05/19/2010 General Fund Streets & Bike /Spec. Departm Groeniger & Company 33.80 Check Total: 33.80 192636 05/19/2010 General Fund Emplyee Benfits /Management Me Michael Harrow 100.00 Check Total: 100.00 192637 05/19/2010 General Fund Streets & Bike /Spec. Departm Hertz Equipment Rental Corpora 72.27 Check Total: 72.27 192638 05/19/2010 General Fund Animal Control/Shelter Food Hill's Pet Nutrition Sales, In 170.02 192638 05/19/2010 General Fund Animal Control/Shelter Food Hill's Pet Nutrition Sales, In 51.50 192638 05/19/2010 General Fund Animal Control/Shelter Food Hill's Pet Nutrition Sales, In 7.63 Check Total: 229.15 192639 05/19/2010 General Fund R.P. Comm. Cntr Bldg/Facilty The Hitmen Termite & Pest Control 60.00 Check Total: 60.00 192640 05/19/2010 General Fund Streets & Bike /Spec. Departm Home Depot 38.12 Check Total: 38.12 AP - Checks for Approval ( 05/19/2010 - 12:26 PM ) Page 20 Check Number Check Date Fund Name Account Name Vendor Name Amount 192641 05/19/2010 General Fund Park Maint /Spec. Departm Horizon Distribution Inc. 15.61 192641 05/19/2010 General Fund Park Maint /Spec. Departm Horizon Distribution Inc. 5.71 192641 05/19/2010 General Fund Trees & Parkwys /Small Tools Horizon Distribution Inc. 117.53 192641 05/19/2010 General Fund Park Maint /Spec. Departm Horizon Distribution Inc. 144.89 192641 05/19/2010 General Fund Trees & Parkwys /Spec. Departm Horizon Distribution Inc. 49.88 192641 05/19/2010 General Fund Park Maint /Spec. Departm Horizon Distribution Inc. 1,564.37 192641 05/19/2010 General Fund Trees & Parkwys /Spec. Departm Horizon Distribution Inc. 1,564.37 192641 05/19/2010 General Fund Streets & Bike /Spec. Departm Horizon Distribution Inc. 1,564.37 192641 05/19/2010 General Fund Park Maint /Spec. Departm Horizon Distribution Inc. 561.57 192641 05/19/2010 General Fund Trees & Parkwys /Spec. Departm Horizon Distribution Inc. 638.82 192641 05/19/2010 General Fund Trees & Parkwys /Spec. Departm Horizon Distribution Inc. 95.05 192641 05/19/2010 General Fund Park Maint /Spec. Departm Horizon Distribution Inc. 312.35 192641 05/19/2010 General Fund Trees & Parkwys /Spec. Departm Horizon Distribution Inc. 11.84 Check Total: 6,646.36 192642 05/19/2010 General Fund Admin Services /Contractual S IEDA 1,940.32 Check Total: 1,940.32 192643 05/19/2010 General Fund City Hall Bldg/Facilty InfoStor 34.50 Check Total: 34.50 192644 05/19/2010 General Fund Non - Department /Self - Insured Kelly -Moore Paint Company Inc. 384.55 Check Total: 384.55 192645 05/19/2010 General Fund Sports Center /Memberships Cyril Korte 27.04 Check Total: 27.04 192646 05/19/2010 General Fund City Council /Management Me John Mackenzie 100.00 Check Total: 100.00 192647 05/19/2010 General Fund Pac /City Events /Contractual S Brian Mc Carthy 425.00 192647 05/19/2010 General Fund Pac /City Events /Contractual S Brian Mc Carthy 227.01 Check Total: 652.01 192648 05/19/2010 General Fund Police /Office Supplie National Document Solutions, L 267.20 AP - Checks for Approval ( 05/19/2010 - 12:26 PM) Page 21 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 267.20 192649 05/19/2010 General Fund Pac/Pasco /Advertising/P North Bay Bohemian 266.48 192649 05/19/2010 General Fund Pac/Pasco /Advertising/P North Bay Bohemian 266.48 Check Total: 532.96 192650 05/19/2010 General Fund Fire /Training & Ed North Bay Corporate Health Ser 58.00 192650 05/19/2010 General Fund Pers'L & Purch /Recruitment/G North Bay Corporate Health Ser 43.00 192650 05/19/2010 'General Fund Pers'L & Purch /Recruitment/G North Bay Corporate Health Ser 43.00 Check Total: 144.00 192651 05/19/2010 General Fund Fire /Contractual S Occupational Health Centers of 747.90 Check Total: 747.90 192652 05/19/2010 General Fund Pac /Facility Repa Old Adobe Development Services 1,618.00 Check Total: 1,618.00 192653 05/19/2010 General Fund Codding Center /Office Supplie Petty Cash 73.02 Check Total: 73.02 192654 05/19/2010 General Fund Non - Department /Travels & Mee Petty Cash 48.74 192654 05/19/2010 General Fund Non - Department /Spec. Departm Petty Cash 57.04 192654 05/19/2010 General Fund Pers'L & Purch /Recruitment/G Petty Cash 15.00 Check Total: 120.78 192655 05/19/2010 General Fund Pac/Pasco /Production Petty Cash 4.98 192655 05/19/2010 General Fund Theatre /Travels & Mee Petty Cash 4.00 192655 05/19/2010 General Fund Pac /Front House/P Petty Cash 7.98 192655 05/19/2010 General Fund Pac /Concessions Petty Cash 115.49 Check Total: 132.45 192656 05/19/2010 General Fund Publ Works Gen /Vehicle Repai Powerplan 90.41 AP - Checks for Approval ( 05/19!2010 - 12:26 PM) Page 22 Check Number Check Date Fund Name Account Name Vendor Name Amount AP - Checks for Approval ( 05/19/2010 - 12:26 PM) Page 23 Check Total: 90.41 192657 05/19/2010 General Fund Pac/Pasco /Advertising/P The Press Democrat 2,634.92 192657 05/19/2010 General Fund Pers'L & Purch /Recruitment/G The Press Democrat 283.40 192657 05/19/2010 General Fund Pac/Pasco /Advertising/P The Press Democrat 2,247.30 Check Total: 5,165.62 192658 05/19/2010 General Fund Police /Office Supplie The Printer Doctor 35.43 192658 05/19/2010 General Fund City Hall /Office Supplie The Printer Doctor 753.19 192658 05/19/2010 General Fund Police /Office Supplie The Printer Doctor -35.43 192658 05/19/2010 General Fund City Hall /Office Supplie The Printer Doctor 98.10 Check Total: 851.29 192659 05/19/2010 General Fund Rec Ref Clearing Bani Raye 16.00 Check Total: 16.00 192660 05/19/2010 General Fund Park Maint /Spec. Departm Redwood Lock & Key 31.63 Check Total: 31.63 192661 05/19/2010 General Fund Park Maint /Spec. Departm Reliable Hardware & Steel Co. 15.21 Check Total: 15.21 192662 05/19/2010 General Fund Non - Department /Dues & Subscr Rohnert Park Historical Societ 12.00 Check Total: 12.00 192663 05/19/2010 General Fund Mark Sharp 232.58 Check Total: 232.58 192664 05/19/2010 General Fund Emplyee Benfits /Management Me Paul Skanchy 175.00 Check Total: 175.00 192665 05/19/2010 General Fund Publ Works Gen /Clothing Allo Sunset Linen Service 159.00 AP - Checks for Approval ( 05/19/2010 - 12:26 PM) Page 23 Check Number Check Date Fund Name Account Name Vendor Name Amount Report Total: 1,181,608.61 AP - Checks for Approval ( 05/19/2010 - 12:26 PM) Page 24 Check Total: 159.00 192666 05/19/2010 General Fund Finance /Spec Dept Equ SymPro Software 2,974.00 Check Total: 2,974.00 192667 05/19/2010 General Fund Emplyee Benfits /Management Me Walter Taddeucci 579.00 Check Total: 579.00 192668 05/19/2010 General Fund Park Maint /Spec. Departm TDS - TIRE DISTRIBUTION SYS 167.38 Check Total: 167.38 192669 05/19/2010 General Fund Emplyee Benfits /Management Me John Thompson 138.90 Check Total: 138.90 192670 05/19/2010 General Fund Inspection /Professional UPS 37.60 Check Total: 37.60 192671 05/19/2010 General Fund Park Maint /Spec. Departm Wheeler Zamaroni 49.27 Check Total: 49.27 192672 05/19/2010 General Fund Rec Ref Clearing Michelle Young 400.00 Check Total: 400.00 Report Total: 1,181,608.61 AP - Checks for Approval ( 05/19/2010 - 12:26 PM) Page 24 COMMUNITY DEVELOPMENT COMMISSION BILLS FOR APPROVAL May 19, 2010 Checks 5534 -5543 Dated May 6, 2010 - May 19, 2010 $4,121,159.33 TOTAL $4,121,159.33 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 146.99 5542 05/19/2010 Redevelopment General Fund Contractual Services RSG 2,870.00 Check Total: 2,870.00 5543 05/19/2010 Low & Moderate Income Housing Contractual Services RSG 2,870.00 Check Total: 2,870.00 Report Total: 4,121,159.33 AP - Checks for Approval ( 05/19/2010 - 12:25 PM ) Page 2 Agenda Packet Preparation TIMELINES for Regular City Council Meetings {This section for City Clerk Use Only) held on the 2 °d & 4t` Tuesdays of each month: • Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via email for review and approval as to form DUE no 05/25/10 City Council Agenda late; than NOON Three (3) Mondays prior to Council meeting date • Agenda items to City Manager via email for his review and responding "email authorization ", ITEM NO. 6.C.1 synchronized with above timeframe of Assistant City Attorney review, and an email copy to for the City Clerk for drafting agendas RESOLUTION NO. 2010-53 • Agenda Items with attachments via email and a total of twenty (20) complete hard copy sets with 2 sets single -sided & 18 sets double - sided/stapled to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting date • Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday morning One (1) week prior to Council meeting date • Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on Thursday afternoon One (1) week prior to Council meeting date in compliance with Rohnert Park Municipal Code Section 2.08.020 and related Resolution No. 2008 -173 CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: May 25, 2010 Department: Public Works & Community Services Submitted By: John McArthur, Director of Public Works & Community Services Submittal Date: May 18, 2010 Agenda Title: 6600 Hunter Drive, Suite B, Lease Agreement Requested Council Action: Adopt a Resolution Authorizing the City Manger to Execute a Lease Agreement with Old Adobe Developmental Services for City -Owned Office Space Located at 6600 Hunter Drive, Suite B Staff recommends adopting the attached resolution which authorizes the City Manager to execute a lease agreement with Old Adobe Developmental Services (OADS) for the City property located at 6600 Hunter Drive, Suite B. The proposed terms of the lease are $2,111 /month in base rent for five years with $42,000 in building capital improvements provided by the tenant. These building improvements would be completed within six months of initial occupancy. Property Description The City -owned property located at 6600 Hunter Drive, Suite. B (lease agreement Exhibit B) is approximately 2,500 square feet and is located adjacent to the City of Rohnert Park Senior Center. This property is zoned Public Institutional and thus can be used as office space. Background Prior to November 2008, this building was occupied by the City's Finance Department and was commonly referred to as the City Hall Annex. Upon completion of the City Hall Construction Project, Finance Department staff was relocated to the new City Hall building. Currently, the City's Information Technology (IT) staff, along with the City's network servers, remain at the Hunter Drive location; the remaining 2,500 square feet of office space is vacant The proposed lease of approximately 2,500 square feet of office space encompasses the work area previously occupied by the Finance Department and does not include the IT group area. If this lease agreement was authorized and executed, the IT group and servers would remain at the Hunter Drive location. Currently, the vacant office space does not meet current Building Code and American with Disabilities Act (ADA) requirements and is therefore not leasable without significant building improvements and upgrades. Staff estimates that the minimum cost of building improvements needed to bring the Hunter Drive Building to current legal (code) requirements is approximately $39,000 to $45,000. Proposed Lease Provisions The basic terms of the proposed lease agreement are described as follows: Base Rent - $2,111 .00 /month. The base (monthly) rent was calculated with consideration of two variables: 1) the current market rate for office space; and 2) the amortized costs of the building improvements. Upon consulting local real estate experts, staff determined that the fair market value for usable office space in approximately $1.13 /square foot for a monthly rent of $2,800 /month — this is assuming that the building meets all current code requirements. Staff has determined that approxiametly $39,000 to $45,000 in building improvements will have to be made in order to meet minimum code requirements. The value of said building improvements for the duration of the proposed lease is equivalent to $700 /month in base rent which would adjust the market value for the building (in its current condition) to approximately $2,100 /month. The proposed lease agreement assigns the performance and costs of the building improvements to the Tenant. As an alternative, the City could elect to perform the building upgrades and not credit the tenant for the cost of the improvements. However, upon evaluation, staff determined that we could not perform the same improvements as timely as the tenant, thereby losing several months of potential rental revenue. Utilities — Utility service costs are included in the base rent. Note: the aggregate Hunter Drive Building (Suites A and B which include the Senior Center) is served by one, gas, water, and sewer connection. The electric service for suite B serves both the rental space and the City's server room. The building's current annual cost for electric service is $12,000 to $14,000. Most power consumption (and cost) is related to the HVAC system used to cool the City's servers. Staff estimates that the tenant's electrical usage will be less than 10% of the entire building usage. As an alternative, the City could charge the tenant for electric usage; however, to do so would require the installation of a new electric service including the complete rewiring of the building. Staff estimates that the cost to install a new electric service and to rewire the building would be higher than the tenant's additional electrical usage over the term of the lease and therefore does not recommend this alternative. Building Improvements — The tenant shall perform and pay for all capital improvements required to bring the building to current code requirements. Mutually agreed -upon improvement(s) are valued at $42,000 (lease agreement Exhibit E). Building Maintenance — The tenant shall be responsible for all routine building maintenance. The City would retain responsibility for major structural components. Term - Five (5) years from commencement date Termination of Lease Agreement - This lease agreement and all obligations hereunder may be terminated at any time, with or without cause, by either party upon sixty (60) days' written notice. Option(s) to Extend Term - The parties may jointly agree to extend the term for a maximum of three additional years, pursuant to the terms of the lease agreement. The base rent could be renegotiated at this time. Financial Impacts Under the proposed lease agreement, the City would receive $127,000 in rental revenue over a five year period. Additionally, the tenant would fund and complete approximately $42,000 of capital improvements. These improvements must be completed prior to renting this facility in order to realize rental revenue. If these improvements are not made at this time, then the City would have to complete them at a future date. Enclosures: Resolution Lease Agreement CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney. CITY MANAGER'S RECOMMENDATION: (X) Consent Item ( ) Regular Time (X) Approval () Public Hearing Required ( ) Not Recommended O Submitted with Comment ( ) Policy Determination by Council ( ) City Comments: Per Interim City Manager's review and direction for distribution of this agenda item. (Revised 031309) JH:TG- S:OS -b RESOLUTION NO. 2010-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING A LEASE AGREEMENT WITH OLD ADOBE DEVELOPMENTAL SERVICES (GADS) FOR CITY -OWNED OFFICE SPACE LOCATED AT 6600 HUNTER DRIVE, SUITE B WHEREAS, the City owns property located at 6600 Hunter Drive, Suite B, (adjacent to the Senior Center) which is currently vacant; and WHEREAS, said property is zoned Public Institutional and thus, can be used as office space; and WHEREAS, the City desires to lease said office space to Old Adobe Developmental Services (OADS). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve a lease agreement with Old Adobe Developmental Services (GADS) for the City -owned office space located at 6600 Hunter Drive, Suite B. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 25th day of May, 2010. ATTEST: City Clerk CITY OF ROHNERT PARK Mayor OFFICE LEASE This Office Lease (this "Lease ") is made and entered into as of this _day of , 2010, by and between the City of Rohnert Park, a municipal corporation ( "Landlord" or "City") and Old Adobe Developmental Services, a non - profit corporation ( "Tenant "). Landlord and Tenant are hereafter collectively referred to as the "Parties." RECITALS A. Landlord owns real property located at 6600 Hunter Drive, Suite B, Rohnert Park, California (the "Property "), as more particularly described in Exhibit A attached hereto and incorporated herein by this reference. B. The Property includes certain rentable office space (the "Premises "), as depicted in Exhibit B attached hereto and incorporated herein by this reference. C. Tenant desires to lease the Premises from the Landlord and the Landlord desires to lease the Premises to the Tenant conditioned upon the terms herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Agency and the Tenant hereby agree as follows: ARTICLE L BASIC LEASE PROVISIONS 1.1. Landlord's contact information: 1.2. Tenant's contact information: City Manager 130 Avram Avenue Rohnert Park, CA 94929 Old Adobe Developmental Services ATTN: Elizabeth Clary 1301A Rand Street Petaluma, CA 94954 1.3. Rented Area - The Premises, commonly described as Rohnert Park City Hall Annex, Suite B, depicted in Exhibit B. 1.4. Term Commencement Date — July 1, 2010 with a right of possession in favor of Tenant to be effective as of May 26, 2010 for purposes of allowing Tenant improvements, contingent upon completion of Tenant improvements specified in Exhibit E and subsequent inspection by City with said inspection to be performed within three (3) days after Tenant's submission of Notice of Completion to City. 1.5. Term - Five (5) years from Commencement Date, unless earlier terminated in. accordance with this Lease. 1.6. Expiration Date - The last day of the month in which the Term ends. Page 1 of 26 13064850B 80078/0042 1.7. Termination of Lease Agreement - This Agreement and all obligations hereunder may be terminated at any time, with or without cause, by either party upon sixty (60) days' written notice. The Parties agree that the property will be intended for use as a licensed adult day program and subject to regulations enforced by the Department of Social Services, Community Care Licensing. At any time, should Tenant show evidence to City that the facility cannot meet the requirements for a licensed day program, Tenant may terminate the agreement with sixty (60) days' notice. The cost of any improvements made as part of this Agreement shall remain the responsibility of the Tenant. 1.8. Option(s) to Extend Term - The Parties may jointly agree to extend the Term for a maximum of three additional years, pursuant to the terms herein. The party seeking to extend the Term must give the other party written notice of its intent to extend the Term not less than ninety (90) days prior to the Expiration Date. 1.9. Base Rent - $2,111.00 /month. Tenant shall submit recurring monthly rental payments to Landlord as outlined in Section 4.1. Tenant's base rent shall include services for water, sewer, garbage (2 residential containers) and electrical usage. 1.10. Security Deposit -Equal to one month's rent (pre- paid). Cleaning /Repair Deposit: $500.00 1.11. Permitted Areas of Use - All office areas including storage room - excluding City server room. The City of Rohnert Park has exclusive use of the Server Room and City Offices. 1.12. Parking - Tenant shall have five (5) designated parking spaces; other spaces shall be used on a "first come, first served" basis. Fire Lanes and signed or painted no parking areas are to be kept clear at all times. Note: parking area (including asphalt, concrete, striping and signage) shall be maintained in good working condition by the City. ARTICLE II. DEFINITIONS As used in this Lease, the following terms shall have the definitions set forth below. Additional terms are defined in the remainder of this Lease. 2.1. Alterations —means any decorations, modifications, additions, or improvements made in, on, about, under or contiguous to the Premises by or for the benefit of Tenant including but not limited to, telecommunications and /or data cabling, lighting, HVAC, and electrical fixtures, pipes and conduits, partitions, cabinetwork, and carpeting. 2.2. Additional Rent — an amount equal to ten percent (10 %) of overdue amount of Rent as described in Section 4.1. 2.3. Applicable Laws — is defined in Section 5.4 2.4. Building — the buildings, accessory structures and other improvements located at 6600 Hunter Drive, Suite B, Rohnert Park, CA 94928. Page 2 of 26 1306485v1B 80078/0042 2.5. Commencement Date — the date set forth in Section 1.4, and means the date upon which Tenant shall be permitted to occupy the Premises for the conduct of Tenant's operations, and the date upon which Tenant's obligation to pay Rent shall commence. =9A. • 2.6. Environmental Laws — defined in Section 6.5 2.7. Event of Default — failure of tenant to pay Rent as subscribed in Section 4.1 2.8. Fiscal Year — July 1 through June 30 of a given twelve -month period 2.9. Hazardous Material is defined in Section 6.5. 2.10. Premises - the rented premises shown on Exhibit B. 2.11. Property - real property located at 6600 Hunter Drive, Suite B, Rohnert Park, CA 2.12. Rent — the monthly amount payable per Section 1.8. 2.13. "Rules and Regulations" - the Rules and Regulations set forth in Exhibit C attached hereto as such may be modified or amended from time to time by Landlord. 2.14. Term - the term of this Lease as set forth in Section 1.5 as such may be modified pursuant to the terms hereof. ARTICLE III. PREMISES AND TERM 3.1. Leased Premises - Subject to and upon the terms and conditions set forth herein, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Tenant acknowledges that Landlord has made no representation or warranty regarding the condition of the Premises, the Building or the Property and the Premises are being leased AS- IS with all faults. The Parties agree that, based upon their own inspection and estimates, the total estimated square footage of the Premises is 2,500 square feet, notwithstanding any minor variations in measurement or other minor variations that may have occurred in the calculation thereof. 3.2. Term and Commencement - The Term of this Lease shall commence on the Commencement Date, and unless sooner terminated as provided herein, the Term shall be for the period set forth in Section 1.5 as the same may be extended in accordance with the terms herein. 3.3. No Representation - Tenant acknowledges that neither Landlord nor any of Landlord's agents has made any representation or warranty as to the suitability or fitness of the Premises for the conduct of Tenant's business, and that neither Landlord nor any agent of Landlord has agreed to undertake any alterations or additions or to construct any tenant improvements to the Premises except as expressly provided in this Lease. Page 3 of 26 1306485v1B 80078/0042 ARTICLE IV. RENT, OPERATING EXPENSES, AND DEPOSITS 4.1. Monthly Rent - From and after the Commencement Date, Tenant shall pay to Landlord for each calendar month of the Term, the monthly Rent set forth in Section 1.8. Each monthly installment of Rent shall be due and payable to Landlord in advance on the first (lst) day of each calendar month during the Term without abatement, deduction, claim or offset except as otherwise expressly provided herein, and without prior notice, invoice or demand, at Landlord's address or such other place as Landlord may designate from time to time. 4.2. Proration - Monthly installments for any fractional calendar month at the beginning or end of the Term shall be prorated based on the number of days in such month. 4.3. Additional Rent — All Additional Rent shall be due and payable upon date of incurrence. 4.4. Late Charge - Tenant acknowledges that the late payment of Rent will cause Landlord to incur administrative costs and other damages, the exact amount of which would be impractical or extremely difficult to ascertain. Landlord and Tenant agree that if Landlord does not receive any payment of Rent within ten (10) calendar days after such payment is due, Tenant shall pay to Landlord as Additional Rent an amount equal to ten percent (10 %) of the overdue amount as a late charge for each month or partial month that such amount remains unpaid. The Parties acknowledge that this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of the late payment by Tenant. Landlord's acceptance of any late payment and /or late charge therefore shall not be deemed to prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other Event of Default under this Lease. ARTICLE V. USE OF PREMISES 5.1. Permitted Use - The Premises shall be used solely for the purpose as specifically zoned in the City's Zoning Ordinance and for no other purpose without the written consent of Landlord, which may be granted or withheld in Landlord's sole discretion. Tenant shall not do or suffer or permit anything to be done in or about the Premises or the Property, nor bring or keep anything therein that would in any way subject Landlord to any liability, increase the premium rate of or affect any fire, casualty, rent, or other insurance relating to the Property or any of the contents of the Building, or cause a cancellation of or give rise to any defense by the insurer to any claim under, or conflict with any policies for such insurance. If any act or omission of Tenant results in an increase in insurance premiums for Landlord, Tenant shall pay to Landlord upon demand the amount of such increase. 5.2. Signage - Tenant shall obtain the prior approval of the Landlord, which approval may be withheld in Landlord's reasonable discretion, before placing any sign or symbol on doors or windows or elsewhere in or about the Premises so as to be visible from the public areas or exterior of the Building, or upon any other part of the Building or Property, including building directories. Any signs or symbols which have been placed without Landlord's approval may be Page 4 of 26 1306485v1B 80078/0042 removed by Landlord. Upon expiration or termination of this Lease, all signs installed by Tenant shall be removed and any damage resulting there from shall be promptly repaired by Tenant, or such removal and repair at Landlord's sole discretion may be done by Landlord and the cost charged to Tenant. 5.3. Rules and Regulations - Tenant shall comply with the Rules and Regulations attached hereto as Exhibit C and any amendments or additions thereto promulgated by Landlord from time to time for the safety, care and cleanliness of the Premises, Building and Property. Tenant shall not use or permit any person to use the Property, the Building, or the Premises for any purpose that is contrary to the Rules and Regulations, that violates any Applicable Law, that constitutes waste or nuisance, or that would unreasonably annoy or interfere with other occupants or the Building or the Property. Landlord shall not be responsible to Tenant for the nonperformance or noncompliance by any other tenant or occupant of the Building of or with any of the Rules and Regulations. In the event of any conflict between the provisions of this Lease and the provisions of the Rules and Regulations, the provisions of this Lease shall control. 5.4. Compliance with Laws - Tenant shall procure and maintain all governmental ' approvals, licenses and permits required for the proper and lawful conduct or Tenant's permitted use of the Premises, including without limitation, compliance with all federal, State and local regulatory agencies requirements. Tenant shall comply with and shall not use the Premises, the Building or the Property, or suffer or permit anything to be done in or about the same which would in any way conflict with any of the following (collectively "Applicable Laws "): (i) the provisions of all recorded covenants, conditions and restrictions applicable to the Building or the Property, or (ii) any federal, state, county, local or other governmental agency rules, regulations, statutes, ordinances, orders, standards, requirements or laws now in force or hereafter enacted, promulgated or issued which are applicable to the Building Services, Property, Premises, the Building, or the use or occupancy thereof including without limitation, programming content and distribution, instructional standards, building, zoning, and public safety and fire code regulations. 5.5. Repairs and Replacements - Tenant shall repair and maintain the Premises, including tenant improvements as outlined in Exhibit E attached hereto to be completed within six (6) months of occupancy, subject to lease rate adjustment to $2,813 /month, fixtures and furnishings in an order and condition in compliance with Applicable Laws and Tenant shall, at Tenant's sole expense, promptly make all repairs, replacements, alterations, or improvements necessary to comply with all Applicable Laws to the extent that such Applicable Laws are triggered by or relate to (i) Tenant's particular use of the Promises, and /or (ii) any improvements or alterations made by or on behalf of Tenant to the Premises or the Building. If Tenant fails to maintain or keep the Premises in good repair, Landlord may, at Landlord's option and after . providing Tenant no less than thirty (30) days' prior written notice, perform any such required maintenance and repairs and within ten days after receipt of Landlord's invoice thereof, Tenant shall pay Landlord's costs incurred in connection with such repairs, plus a percentage of such, costs sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs and expenses in connection therewith. Except to the extent Tenant is expressly obligated to do so pursuant to this Lease, Landlord shall, at Landlord's sole expense, make all repairs, replacements, alterations, or improvements necessary to comply with all Applicable Laws as in effect as of the Effective Date to the extent that (i) such Applicable Laws relate to the exterior or structural portion of the Building, and (ii) the requirement to undertake such repairs, Page 5 of 26 1306485v1B 80078/0042 replacements, alterations, or improvements is not triggered as a result of Tenant's particular use of the Premises. 5.6. Parking - Landlord hereby grants to Tenant a nonexclusive license and right, in common with Landlord and all persons conducting business in the Building and their respective customers, guests, licensees, invitees, employees and agents, to use the parking area located on the Property for vehicular parking, on a "first -come, first- served" basis. The nonexclusive license and right granted pursuant to this Section shall be subject to the Rules and Regulations. ARTICLE VI. ENVIRONMENTAL MATTERS 6.1. Use of Hazardous Materials - Tenant shall not cause or permit any Hazardous Material, as defined in Section 6.5, below to be generated, brought onto, used, stored, or disposed of in or about the Premises, the Building or the Property by Tenant or Tenant's agents, employees, contractors, subtenants or invitees (collectively "Tenant Parties "), except for limited quantities of standard office and janitorial supplies, which Tenant shall use, store and dispose of in strict compliance with all Environmental Laws, as defined in Section 6.5 below. Tenant shall comply with all Environmental Laws. 6.2. Notice of Release or Investigation — If, during the Term (including any extensions), Tenant becomes aware of (a) any actual or threatened release of any Hazardous. Material on, under, or about the Premises, the Building or' the Property, or (b) any inquiry, investigation, proceeding, or claim by any government agency or other person regarding the presence of Hazardous Material on, under, or about the Premises, the Building, or the Property, Tenant shall give Landlord written notice of the release or investigation within three (3) days after learning of it and shall simultaneously furnish to Landlord copies of any claims, notices of violation, reports, or other writings received by Tenant that concern the release or investigation. 6.3. Indemnification - Tenant shall defend (with counsel acceptable to Landlord), indemnify and hold harmless Landlord and Landlord's elected and appointed officers, officials, employees, agents, and representatives (collectively, "Indemnitees ") from and against any and all liabilities, losses, damages, fines, penalties, claims, demands, suits, actions, causes of action, legal or administrative proceedings, judgments, costs and expenses (including without limitation reasonable attorneys' fees and expenses, court costs, expert witness fees and post judgment collection costs) (collectively, "Claims ") resulting or arising from or in connection with any release of any Hazardous Material in or about the Premises, the Building, or the Property (unless such release is caused by Indemnitees) or any other violation of any Environmental Law by Tenant, or Tenant Parties. This indemnification includes: (i) losses attributable to diminution in value of Premises or the Building; (ii) loss or restriction of use of rentable space in the Building; (iii) adverse effect on the marketing of any space in the Building; and (iv) all other liabilities, obligations, penalties, fines, claims, actions (including remedial or enforcement actions, administrative or judicial proceedings, orders, or judgments), damages (including consequential and punitive damages), and costs (including attorney, consultant, and expert fees and expenses) resulting from the release or violation. This indemnity shall not extend to Claims to the extent they are caused by the gross negligence or willful misconduct of Indemnitees. The provisions of this Section shall survive the expiration or termination of this Lease. Page 6 of 26 1306485AB 80078/0042 6.4. Remediation Obligations - If the presence of any Hazardous Material brought. onto the Premises or the Building by Tenant or Tenant Parties results in contamination of the Building, Tenant shall promptly take all necessary actions to remove or remediate such Hazardous Materials, whether or not they are present at concentrations exceeding state or federal maximum concentration or action levels, or any governmental agency has issued a cleanup order, at Tenant's sole expense, to return the Premises and the Building to the condition that existed before the introduction or such Hazardous Material. Tenant shall first obtain Landlord's approval of the proposed removal or remedial action. This provision does not limit the indemnification obligation set forth in Section 6.3. 6.5. Definition of Hazardous Material and Environmental Laws - As used in this Lease, the term "Hazardous Material" means any hazardous or toxic substance, material, or waste at any concentration that is or becomes regulated by the United States, the State of California, or any government authority having jurisdiction over the Building Hazardous Material includes: (a) any "hazardous substance," as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S. Code §§ 9601- 9675); (b) "hazardous waste," as defined in the Resource Conservation and Recovery Act of 1976 (42 U.S. Code §§ 6901- 6992k); (c) any pollutant, contaminant, or hazardous, dangerous, or toxic chemical, material, or substance, within the meaning of any other applicable federal, state, or local law, regulation, ordinance, or requirement (including consent decrees and administrative orders imposing liability or standards of conduct concerning any hazardous, dangerous, or toxic waste, substance, or material, now or hereafter in effect); (d) petroleum products; (e) radioactive material, including any source, special nuclear, or byproduct material as defined in 42 U.S. Code §§ 2011- 2297g -4; (f) asbestos in any form or condition; and (g) polychlorinated biphenyls ( "PCBs ") and substances or compounds containing PCBs. As used in this Lease, the term "Environmental Laws" means all federal, state and local laws, ordinances, regulations, rules, orders and directives pertaining to Hazardous Materials, including without limitation, the laws, statutes, and regulations cited in this Section 6.5, as any of the foregoing may be amended from time to time. ARTICLE VII. OBLIGATIONS FOR UTILITIES AND SERVICES 7.1. Building_ Services - Landlord shall supply Utility Services and Maintenance Services described below in accordance with this Article VII. Utility Services and the Maintenance Services are collectively referred to as "Building Services." Except as otherwise provided herein, the cost of all Building Services shall be paid by Tenant as Additional Rent in the manner set forth in Section 4.3. 7.1.1 Utility Services -Landlord shall furnish the utility services listed in this Section ( "Utility Services ") except to the extent that Tenant has separately contracted for the provision of such services. On a schedule to be selected by Tenant ( "'Scheduled Utility Hours ") Landlord shall supply: (i) electricity for lighting and power suitable for use of the Premises for ordinary general office purposes; (ii) air conditioning and heating as required in Landlord's reasonable judgment for the comfortable use and occupancy of the Premises for ordinary general office purposes; (iii) water. for drinking and lavatory purposes; and (iv) regular sewer service. If Landlord determines Tenant's electrical usage is excessive, Landlord may at its option require Page 7 of 26 1306485v1B 80078/0042 Tenant to pay as Additional Rent the cost as reasonably determined by Landlord incurred by such extraordinary usage. In addition, Landlord may install separate meter(s) for the Premises for water and electrical services, at Landlord's expense, and Tenant thereafter shall pay all charges for the metered service based on actual usage. If Landlord elects to install a separate meter for water and /or electrical service to the Premises, then following the installation of such meter(s), an average monthly usage will be determined, using three months metered usage. If the three -month metered usage shows that Tenant paid more in monthly charges prior to the installation of meters than Tenant would have paid had a meter(s) been installed, then Landlord will give Tenant a "utility credit" for the amount of any excess payment, which shall be applied against future utility charges. If the three -month metered usage shows that Tenant has paid less in monthly charges prior to the installation of meters than Tenant would have paid had a meter(s) been installed, then Tenant shall pay any additional amount that is owed based on such underpayment. If such Building Services (including without limitation HVAC service) are requested by Tenant during times other than the Scheduled Utility Hours, Landlord shall use reasonable efforts to furnish such additional Building Services upon reasonable notice from Tenant, and Tenant shall pay Landlord's charges for such Services on demand as Additional Rent. Such charges shall be based on Landlord's actual costs together with such reasonable administration charges as Landlord may impose in connection therewith, with after -hours HVAC services being charged on a per -hour basis at the hourly rate established by Landlord from time to time for the Building (which hourly rate may be based on the cost of utilities, wear and tear on the HVAC systems and Landlord's administration), Tenant shall cooperate with any present or future government conservation requirements and with any reasonable conservation practices established by Landlord. 7.1.2 Maintenance Services - Landlord shall provide maintenance of all exterior areas of the Building and the Property, (collectively, "Maintenance Services ") including without limitation: (i) painting, maintenance and repair of the Building exterior, (ii) maintenance and repair of the Building infrastructure's mechanical, electrical, HVAC and plumbing equipment and systems, and the Building structural components including the roof, foundation, floors and walls, and (iii) maintenance of all public and common areas of the Building and the Property including parking lots, walkways, driveways, utility systems, fire sprinklers, and corridors. Tenant shall be responsible for janitorial service to the Premises and window cleaning. 7.2. Interruption of Services - Tenant agrees that Landlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any Building Service or for diminution in the quality or quantity of any service when the failure, delay, or diminution is entirely or partially caused by: (a) breakage, repairs, replacements, or improvements; (b) strike, lockout, or other labor trouble; (c) inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort to do so; (d) accident or casualty; (e) act or default of Tenant or other parties; or (f) any other cause beyond Landlord's reasonable control. Such failure, delay, or diminution shall not be considered to constitute an eviction or a disturbance of Tenant's use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Landlord may comply with mandatory or voluntary controls or guidelines promulgated by any government entity relating to the use or conservation of energy, water, gas, light, or electricity without creating any liability of Landlord to Tenant under this Lease as long as compliance with voluntary controls or guidelines does not materially and unreasonably interfere with Tenant's use of the Premises. Page 8 of 26 1306485v1B 80078/0042 7.3. Compliance with Applicable Laws - Landlord and Tenant shall each comply with (and shall cause their respective employees, agents and contractors to comply with) all Applicable Laws, including without limitation all Environmental Laws, whenever either party undertakes any work of construction, alteration or improvement in the Premises or the Building. 7.4. Statutory Notice Possessory Interest Tax - Tenant is advised that under California Revenue and Taxation Code Section 107.6, execution of this Agreement may create a possessory interest in Tenant subject to property taxation. Tenant hereby agrees that if such possessory interest is created and is subject to property taxation, Tenant shall be solely responsible for the payment of said property taxes levied on any such interest. ARTICLE VIII. ALTERATIONS AND ADDITIONS 8.1. Alterations and Improvements - Tenant may not make any Alterations to the Premises or Building without the prior written approval of Landlord. Any Landlord- approved Alterations shall be done at Tenant's expense, in a good and workmanlike manner, in conformity with plans and specifications reviewed and approved by Landlord, and in compliance with all Applicable Laws. Tenant shall obtain all necessary governmental approvals and permits for such Alterations. Tenant shall give Landlord not less than ten (10) business days' notice prior to the commencement of construction so that Landlord may post a notice of non - responsibility on the Premises. In no event shall any Alteration: (i) affect the exterior of the Building, (ii) affect any structural portion of the Building, including without limitation, the roof, (iii) require any change to the basic floor plan of the Premises or any change to the structural or mechanical components of the Premises, (iv) diminish the value of the Premises, (v) result in an increase in demand for Building Services, (vi) cause an increase in the premiums for hazard or liability insurance carried by Landlord, or (vii) overload the floor load capacity or unduly burden the plumbing, heating, ventilation, air conditioning, electrical or other basic systems that serve the Building. 8.2. Liens - Tenant shall not permit any mechanics', suppliers' lien or other liens, to be filed against the Building or the Property or against Tenant's leasehold interest in the Premises. Landlord has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. If Tenant fails to cause the release of record of any lien(s) filed against the Premises or Tenant's leasehold estate therein, by payment or posting of a proper bond within ten (10) days from the date of the lien filing(s), then Landlord may, at Tenant's expense, cause such lien(s) to be released by any means Landlord deems proper, including but not limited to payment of or defense against the claim giving rise to the lien(s). All sums reasonably disbursed, deposited or incurred by Landlord in connection with the release 'of the lien(s), including but not limited to all costs, expenses and attorney's fees, shall be due and payable by Tenant to Landlord as Additional Rent on demand by Landlord. Page 9 of 26 1306485v1B 80078/0042 ARTICLE IX. INSURANCE AND INDEMNITY 9.1. Indemnity - To the fullest extent permitted by law, Tenant shall defend (with counsel reasonably acceptable to Landlord), indemnify and hold Indemnitees harmless from and against any and all Claims arising out of or relating directly or indirectly to this Lease or the Premises (including without limitation, Claims for or relating to loss of or damage to property, injury or death of any person, and economic losses and consequential or resulting damage of any kind), including any Claim arising from or in connection with or in any way attributable to: (i) the use or occupancy, or manner of use or occupancy of the Premises, the Building or the Property by Tenant or the Tenant Parties, (ii) any act, error, omission or negligence of Tenant or Tenant Parties or any invitee, guest or licensee of Tenant in, on or about the Property including without limitation Claims which directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with, or relate to, any act or omission of Tenant or Tenant Parties, (iii) any activity, work, or thing done, omitted, permitted, allowed or suffered by Tenant or Tenant Parties in, at, or about the Premises, the Building or the Property, and /or (iv) any breach or default in performance of any obligation on Tenant's part in the performance of any covenant or agreement to be performed under this Lease, except to the extent caused by the sole gross negligence or willful misconduct of the Indemnitees. The provisions of this Section shall not be construed or interpreted as restricting, limiting or modifying Tenant's insurance obligations under this Lease and are independent of such obligations. Tenant's compliance with insurance requirements set forth in this Lease shall not restrict, limit or modify Tenant's indemnification obligations hereunder. The provisions of this Section shall survive the expiration or earlier termination of this Lease. 9.2. Tenant's Insurance - Tenant shall, at its sole expense, procure and maintain throughout the Term (plus any later periods where Tenant may be in occupancy of the Premises) all of the insurance coverage, of the type and amounts as described in Exhibit D, attached. ARTICLE X. ASSIGNMENT AND SUBLETTING 10.1. Landlord's Consent Required -Tenant shall not directly or indirectly, voluntarily or involuntarily, by operation of law or otherwise, assign, mortgage, pledge, encumber or otherwise transfer this Lease, or permit all or any part of the Premises to be subleased or used or occupied for any purpose by anyone other than Tenant without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. Any assignment or, sublease without Landlord's prior written consent shall, at Landlord's option, be void and shall constitute an Event of Default entitling Landlord to terminate this Lease and to exercise all other remedies available to Landlord under this Lease and at law. 10.2. No Release of Obligations - The consent by Landlord to an assignment or subletting hereunder shall not relieve Tenant or any assignee or subtenant from the requirement of obtaining Landlord's express prior written consent to any other or further assignment or subletting. No subtenant may assign its sublease, or further sublet its subleased premises, without Landlord's prior written consent, which consent may be withheld in Landlord's sole discretion. Neither an assignment or subletting nor the collection of rent by Landlord from any Page 10 of 26 1306485v1B 80078/0042 person other than Tenant shall be deemed a waiver of any of the provisions of this Article or release Tenant from its obligations to comply with this Lease, and Tenant shall remain fully and primarily liable for all of Tenant's obligations under this Lease. ARTICLE XI. DAMAGE AND DESTRUCTION 11.1. Repair and Restoration; Termination Rights -If all or part of the Premises is damaged by fire or other casualty, or if the Building is so damaged that access to or use and occupancy of the Premises is materially impaired, within forty -five (45) days of the date of the damage, Landlord shall notify Tenant of the estimated time, in Landlord's reasonable judgment, required for repair or restoration ( "Repair Period "). If the estimated Repair Period is one hundred eighty (180) days or less, Landlord shall proceed promptly and diligently to repair or restore the Premises or the portion of the Building necessary for Tenant's occupancy, and this Lease shall remain in effect, except that for the time unusable, Tenant shall receive a Rent abatement for that part of the Premises rendered unusable in the conduct of Tenant's business. If the estimated Repair Period is in excess of one hundred eighty (180) days from the date of the casualty, Landlord, at its option, shall either (a) commence to repair the damage, in which case this Lease shall continue in full force and effect, or (b) terminate this Lease as of the date specified by Landlord in a notice of termination, and this Lease shall terminate on the date specified in the notice. 11.2. Damage Near End of Term -Notwithstanding anything to the contrary set forth in this Article, if the Premises or the Building are damaged during the last twelve (12) months of the Term, Landlord and Tenant shall each have the option to terminate this Lease by giving written notice to the other of the exercise of that option within thirty (30) days after the damage or destruction, and this Lease shall terminate as of the date specified in such notice which shall not be before the date of such notice nor more than 30 days after the date of such notice. 11.3. Rent Apportionment -If Landlord or Tenant elects to terminate this Lease under this Article XI, Tenant shall pay Rent, prorated on a per diem basis and paid up to the date of the casualty. If the Premises are wholly untenantable and this Lease is not terminated, Rent shall abate on a per diem basis from the date of the casualty until Premises are ready for occupancy by Tenant or the default is cured. If part of the Premises are untenantable, Rent shall be prorated on a per diem basis and abated in proportion to the portion of the Premises which is unusable until the damaged part is ready for Tenant's occupancy. Notwithstanding the foregoing, if any damage was caused by the gross negligence or willful misconduct of Tenant, its employees or agents, then, in such event, Tenant acknowledges that Rent shall not abate or be diminished. 11.4. Waiver of Statutory Provisions -The provisions of this Lease, including those in this Article XI, constitute an express agreement between Landlord and Tenant that applies in the event of any damage to the Premises, Building, or Property. Tenant, therefore, fully waives the provisions of any statute or regulation, including California Civil Code sections 1932(2) and 1933(4), relating to any rights or obligations concerning any such casualty. Page 11 of 26 1306485v1B 80078/0042 ARTICLE XII. SURRENDER OF PREMISES; HOLDING OVER 12.1. Surrender of Premises - On expiration of this Lease, Tenant shall surrender the Premises in the same condition as when the Term commenced, ordinary wear and tear excepted. Except for furniture, equipment and trade fixtures (other than those which are affixed to the Premises so that they cannot be removed without material damage to the Premises) all alterations, additions or improvements, whether temporary or permanent in character, made in or upon the Premises, either by Landlord or Tenant, shall be Landlord's property and at the expiration or earlier termination of this Lease shall remain on the Premises without compensation to Tenant; provided that, upon reasonable written request of Landlord, Tenant shall, at its expense and without delay, remove any alterations, additions or improvements (including, without limitation, all telecommunications equipment and cabling, and all alterations and improvements made by Tenant after the Commencement Date) made to the Premises by Tenant and designated by Landlord to be removed, and shall repair any damage to the Premises or the Building caused by such removal. If Tenant fails to complete such removal or to repair the Premises, Landlord may complete such removal and repair, and Tenant shall reimburse Landlord therefore. If Tenant fails to remove such property as required under this Lease, Landlord may dispose of such property in its sole discretion without any liability to Tenant, and further may charge the cost of any such disposition to Tenant. 12.2. Hold Over Tenancy - If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease with Landlord's written consent, Tenant shall be deemed, at Landlord's option, to occupy the Premises as a tenant from month -to- month. During such tenancy (and prior to any termination by Landlord), Tenant agrees to pay Landlord, monthly in advance, an amount equal to the greater of (i) the then fair market rental (as reasonably determined by Landlord) for the Premises, or (ii) one hundred thirty percent (130 %) of all Rent and Additional Rent which would become due the last month of the Term, together with all other amounts payable by Tenant to Landlord under this Lease. Except as provided in the preceding sentence, such month -to -month tenancy shall be on the same terms and conditions of this Lease except that any rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to be terminated and shall be inapplicable thereto. Landlord's acceptance of Rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the initial term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's written consent, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay Rent during the holdover period in an amount equal to the greater of. (i) one hundred fifty percent (150 %) of the then fair market rental (as reasonably determined by Landlord) for the Premises, or; (ii) two hundred percent (200 %) of all Base Rent which would become due the last month of the Term, together with all other amounts payable by Tenant to Landlord. ARTICLE XIII. LANDLORD'S RESERVED RIGHTS 13.1. Rights Reserved to Landlord - Without notice and without liability to Tenant, and without effecting an eviction or disturbance of Tenant's use or possession, Landlord shall have Page 12 of 26 1306485v1B 80078/0042 the right to: (i) make changes in the legal status of the Building or the Property as Landlord shall deem appropriate in its sole discretion, provided such changes do not substantially interfere with Tenant's use of the Premises for the Permitted Use; (ii) enter the Premises at reasonable times and with reasonable advance notice (and at any time in the event of an emergency), to inspect or repair the Premises or the Building and to perform any acts related to the safety, protection, reletting, or improvement of the Premises or the Building; (iii) install and maintain signs on and in the Building and the Property; and (iv) make such rules and regulations as, in the reasonable judgment of Landlord, may be needed from time to time for the safety of the tenants, the care and cleanliness of the Premises, the Building and the Property and the preservation of good order therein. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Tenant's vaults and sales. Tenant shall pay Landlord the cost of re- keying the room upon occupancy of the room. If any emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall not constitute a forcible or unlawful entry into the Premises, a detainer of the Premises or an eviction of Tenant from the Premises or any portion thereof. ARTICLE XIV. DEFAULT AND REMEDIES 14.1. Tenant's Default - It shall be an "Event of Default" hereunder if Tenant: (a) fails to pay when due any monthly installment of Rent, including without limitation, any Additional Rent, or fails to pay any other amount owed by Tenant to Landlord under this Lease as and when due and such failure continues for five (5) days following written notice thereof to Tenant by Landlord; (b) fails to provide any certificate, instrument or assurance as required by this Lease if the failure continues for ten (10) days after written notice of the failure to Tenant; (c) makes a general assignment for the benefit of its creditors or files a petition for bankruptcy or other reorganization, liquidation, dissolution or similar relief or have a proceeding filed against Tenant seeking any relief mentioned in this subsection (c) which is not discharged within sixty (60) days thereafter; (d) has a trustee, receiver or liquidator appointed for Tenant; (e) abandons or vacate the Premises for more than three (3) consecutive months; (f) assigns this Lease or subleases any portion of the Premises; or (g) fails to comply with any other provision of this Lease in the manner required hereunder and such failure continues for thirty (30) days after written notice thereof to Tenant by Landlord (or if the noncompliance cannot by its nature be cured within the 30 -day period, if Tenant fails to Page 13 of 26 1306485v1B 80078/0042 commence to cure such noncompliance within the 30 -day period and thereafter diligently prosecute such cure to completion). 14.2. Remedies on Default - Upon the occurrence of an Event of Default, Landlord, shall have the right to pursue any one or more of the following remedies in addition to any other remedies now or later available to Landlord at law or in equity. These remedies are not exclusive but instead are cumulative. (a) Continue Lease - Landlord may continue this Lease in full force and effect. In such case, so long as Landlord does not terminate Tenant's right to possession, this Lease will continue in effect and Landlord shall have the right to collect Rent when due, and may undertake efforts to relet the Premises, or any part of them, to third parties for Tenant's account. Tenant shall be liable to Landlord for all reasonable costs Landlord incurs in reletting the Premises including without limitation, expenses of remodeling the Premises required by the reletting. Reletting can be for a period shorter or longer than the remaining term of this Lease. Tenant shall pay to Landlord the Rent due under this Lease on the date the Rent is due, less the Rent Landlord receives from any reletting. No act by Landlord allowed by this Section shall terminate this Lease unless Landlord terminates Tenant's right to possession. After an Event of Default and for as long as Landlord does not terminate Tenant's right to possession of the Premises, if Tenant obtains Landlord's consent, Tenant shall have the right to assign or sublet its interest in this Lease, but Tenant shall not be released from liability. (b) Terminate Lease - Landlord may terminate this Lease and Tenant's right to possession of the Premises at any following an Event of Default. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to relet the Premises or the appointment of a receiver to protect Landlord's interest under this Lease shall not constitute a termination of Tenant's right to possession. On termination, Landlord shall have the right to recover from Tenant all of the following: (i) The worth, at the time of the award, of any unpaid Rent that had been earned at the lime of termination of this Lease; (ii) The worth, at the time of the award, of the amount of unpaid Rent that would have been earned after the date of termination of this Lease until the time of the award exceeds the amount of the unpaid Rent that Tenant proves could have been reasonably avoided; (iii) Any other amount necessary to compensate Landlord for all detriment proximately.caused by Tenant's failure to perform obligations under this Lease, including, without limitation, brokerage commissions, advertising expenses, expenses of Page 14 of 26 1306485v1B 80078/0042 remodeling the Premises for a new tenant, and any special concessions made to obtain a new tenant; and (iv) Any other amounts, in addition to or in lieu of those listed above that may be permitted by law. (c) Receiver - Landlord shall have the right to have a receiver appointed to collect Rent. Neither the filing of a petition for the appointment of a receiver nor the appointment itself shall constitute an election by Landlord to terminate this Lease. 14.3. Landlord's Default - Landlord's failure to perform any of its obligations under-this Lease shall constitute a Landlord Event of Default hereunder if the failure continues for thirty (30) days after written notice of the failure from Tenant to Landlord. If the required performance cannot be completed within thirty (30) days, Landlord's failure to perform shall not constitute a Landlord Event of Default if Landlord undertakes to cure the failure within such thirty -(30) day period and diligently and continuously attempts to complete the cure as soon as reasonably possible. Tenant waives any right to terminate this Lease and to vacate the Premises upon Landlord's default under this Lease. Tenant's sole remedy on. Landlord's default is an action for damages or injunctive or declaratory relief. 14.4. Tenant Improvements - The Tenant shall be solely responsible for the completion of the improvements described in this Lease. The Tenant shall assume responsibility for all phases of improvements commencing on the Possession Date (30 days prior to the Commencement Date) and concluding on the final acceptance date of the improvement. The Tenant shall bear responsibility for said improvements up to final acceptance by the City, including: all losses and damages directly or indirectly resulting from the performance of the improvements; unforeseen difficulties, accidents, or occurrences of other causes predicated on active or passive negligence of the Tenant's contractor engaged in performance of the improvements; losses due to fire, flooding, vandalism, or other catastrophic events. 14.5. Improvement Completion and Final Inspection - The City, and /or the City's authorized representatives, will perform an inspection to verify that the improvements are satisfactorily complete and will notify the Tenant in writing of any incomplete or deficient work. The Tenant will take immediate steps to remedy the stated deficiencies and give notice of correction to the City. Upon receiving a notice of correction, the City or the City's authorized representatives, will re- inspect the Improvements. The Tenant must correct all noted deficient items within a reasonable period of time. Once all noted deficiencies are corrected, the City will accept the Improvements with a Notice of Acceptance. Upon issuance of the Notice of Acceptance, the City shall incorporate all accepted improvements into the building and property and shall maintain as described in Section 7.1.2 above. Tenant shall not be obligated to submit rental payments beyond the terms of the Commencement Date outlined in Section 1.4, due to delays for building inspection services incurred by the City. Page 15 of 26 1306485v1B 80078/0042 ARTICLE XV. MISCELLANEOUS 15.1. No Waiver - No receipt and retention by Landlord of any payment tendered by Tenant in connection with this Lease shall constitute an accord and satisfaction, or a compromise or other settlement, notwithstanding any accompanying statement, instruction or other assertion to the contrary unless Landlord expressly agrees to an accord and satisfaction, or a compromise or other settlement, in a separate writing duly executed by Landlord. Landlord will be entitled to treat any such payments as being received on account of any item or items of Rent, interest, expense or damage due in connection herewith, in such amounts and in such order as Landlord may determine at its sole option. Failure of any party to exercise any right in one or more instance shall not be construed as a waiver of the right to strict performance or as an amendment to or modification of this Lease. Any waiver of any condition or provision set forth in this Lease shall not be deemed a waiver of any subsequent breach of such condition or provision or of any other condition or provision, nor shall any such waiver be deemed a continuing waiver. 15.2. Severability - The Parties intend this Lease to be legally valid and enforceable. in accordance with all of its terms to the fullest extent permitted by law. If an arbitrator or a court of competent jurisdiction holds any provision hereof to be invalid or unenforceable in whole or in part for any reason, the validity and enforceability of the remaining clauses, or portions of them, shall not be affected unless an essential purpose of this Lease would be defeated by loss of the invalid or unenforceable provision. 15.3. Governing Law; Venue; Construction - This Lease shall be construed according to the laws of the State of California without regard to principles of conflict of laws. Any action or proceeding that relates to, or arises from, this Lease shall be brought in a state court of competent jurisdiction located in Sonoma County. The captions used for the Sections and Articles of this Lease have been inserted for convenience only and shall not be used to alter or interpret the content of this Lease. 15.4. Binding Effect: Survival - The covenants, conditions, warranties and agreements contained in this Lease shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns. The representations and warranties of Landlord and Tenant and the indemnification obligations of Landlord and Tenant set forth herein shall survive the expiration or termination of this Lease as shall all other provisions hereof which are intended to survive such expiration or termination. 15.5. Time - Time is of the essence of each provision of this Lease. 15.6. Entire Agreement; Amendments - This Lease and Exhibits A, B, C, D, and E attached hereto and incorporated herein by this reference, constitutes the final, complete, and exclusive statement of the terms of the agreement between Landlord and Tenant pertaining to the lease of the Premises and supersedes all prior and contemporaneous understandings or agreements of the parties. This Lease may not be amended or modified except in a writing signed by both Parties. Page 16 of 26 1306485v1B 80078/0042 15.7. Notices - All notices delivered pursuant to this Lease shall be in writing and delivered to Landlord or Tenant at the applicable address designated in Section 1.1 or to such other address as may hereafter be designated by either party by written notice delivered to the other party in accordance with this Section. Such notices shall be effective on the earlier to occur of actual receipt or: (i) if mailed, three (3) days after posting at a United States post office, (ii) upon receipt if mailed by certified mail with return receipt requested, and (iii) upon delivery if delivered by overnight delivery service and delivery is confirmed by the delivery service. 15.8. Force Majeure - Except as otherwise provided in this Lease, the time for performance of an obligation other than payment of money under this Lease shall be extended for the period during which a party is prevented from performing due to Unavoidable Delay. "Unavoidable Delay" shall mean any and all delay beyond the applicable party's reasonable control, including without limitation, delays caused by the other party; governmental restrictions, regulations, controls, preemptions or delays; orders of civil, military or naval authorities; strikes, labor disputes, lock -outs, shortages of labor or materials or reasonable substitutes therefore; Acts of God; fire, earthquake, floods, explosions or other casualties; extreme weather conditions or other actions of the elements; enemy action, civil commotion, riot or insurrection. 15.9. Attorneys' Fees: Prejudgment Interest -If the services of an attorney are required by any party to secure the performance hereof or otherwise upon the breach or default of the other party, or if any judicial remedy or arbitration is necessary to enforce or interpret any provision of this Lease, or if the services of an attorney are required upon the bankruptcy of a party to this Lease to compel or object to assumption or rejection of this Lease, seek relief from the automatic stay or object to an action to recover a preference or fraudulent transfer, the prevailing party shall be entitled to reasonable attorneys' fees, costs, expert witnesses fees, post judgment collection costs, and other expenses, in addition to any other relief to which such party may be entitled. Any award of damages following judicial remedy or arbitration as a result of the breach of this Lease or any of its provisions shall include an award of prejudgment interest from the date of the breach at the maximum amount of interest allowed by law. 15.10. Authority - Each party warrants and represents that it has full authority to enter into this Lease, that this. Lease constitutes a binding obligation of such party, and that the individual(s) signing on behalf of such party are duly authorized to bind such party hereto. 15.11. Landlord Approval - Whenever the consent or approval of Landlord is required hereunder, such consent or approval may be granted or withheld by the City Manager or his or her designee, unless the City Manager determines in his or her discretion that such matter shall be referred to Landlord's governing body for consideration. 15.12. Counterparts - This Lease may be executed in counterparts, each of which shall constitute an original, and all of which together shall constitute one and the same instrument. The signature page of any counterpart may be detached there from without impairing the legal effect of the signature(s) thereon provided such signature page is attached to any other counterpart identical thereto except having additional signature pages executed by any other party. This Lease shall take effect when signed by all Parties. [Signatures on following page] Page 17 of 26 1306485v1B 80078/0042 NOW THEREFORE, Landlord and Tenant executed this Lease as of the date first written above. LANDLORD CITY OF ROHNERT PARK, a municipal corporation City Manager Approved as to form: City Attorney Attest: City Clerk Page 18 of 26 1306485VIB 80078/0042 TENANT Old Adobe Developmental Services C Director List of Exhibits Exhibit A: Property Description Exhibit B: Map of Premises Being Leased Exhibit C: Rules and Regulations for Property Exhibit D: Insurance Requirements Exhibit E: Tenant Improvements Page 19 of 26 1306485v1B 80078/0042 EXHIBIT A PROPERTY DESCRIPTION City Hall Annex, 6600 Hunter Drive, Suite B (approximately 2,500 sq. ft.), Rohnert Park, California. The building is zoned Public Institutional Findings from a pre -lease walk- through indicate that all appurtenances are in satisfactory condition. ❑ Building /Structure ❑ Grounds /Walkways /Access ❑ Lighting Fixtures ❑ Electric Supply /Operation ❑ Water Supply ❑ Drains /Sewer Operation ❑ HVAC /Thermostat Operation ❑ Other: Page 20 of 26 1306485v1B 80078/0042 SANTA ROSA EXHIBIT B PREMISES RO -RT PARK EXPRESSWAY uj ui SHOPPING 2 CENTERS 0 () j (CITY HALL AVRAM AVE PETALUMA LL PROJECT SITE ENTERPRISE DR PROJECT LOCATION MAP NO SCALE Page 21 of 26 1306485v1B 80078/0042 N 0 R T H Page 22 of 26 1306485v1B 80078/0042 EXHIBIT C RULES AND REGULATIONS FOR PROPERTY Parking (Pending) Alcohol No alcohol is permitted on the premises. No- Smoking Smoking is prohibited in and around all City facilities pursuant to Ordinance No. 813 adopted April 28, 2009. Music and Noise Levels User groups are requested to keep loud noise at a courteous level in the building and parking lot areas. Minors Activities for minors (18 and under) must be supervised by responsible adult for the entire period of the activity. Securing the facility The Tenant shall be responsible for securing the Facility upon exit. Zoning Ordinance All other applicable zoning ordinance /restrictions for said property Page 23 of 26 13064850B 80078/0042 EXHIBIT D INSURANCE COVERAGES (1) Commercial general liability insurance including contractual liability coverage, written on an "occurrence" policy form, covering bodily injury, property damage and personal injury arising out of or relating (directly or indirectly) to Tenant's operations, assumed liabilities, or use or occupancy of the Premises, the Building or the Property naming the Landlord as an additional insured, with minimum coverage in the amount of Two Million Dollars ($2,000,000) per occurrence combined single limit for bodily injury and property damage and Two Million Dollars ($2,000,000) in the aggregate; (2) Property insurance protecting Tenant against loss or damage by fire and such other risks as are insurable under then available standard forms of "special risk" insurance policies, covering Tenant's personal property and trade fixtures in or about the Premises or the Property, and any improvements or Alterations in the Premises, in an amount of one hundred percent (100 %) of actual replacement cost or highest insurable value; (c) Workers' compensation insurance in not less than statutory limits; and (d) If Tenant operates owned, leased or non -owned vehicles on the Property, comprehensive automobile liability insurance with a minimum coverage of one million dollars ($1,000,000) per occurrence, combined single limit. . The foregoing policies shall protect Tenant as named insured, and Landlord and the other Indemnitees as additional insured's. Landlord reserves the right to increase the foregoing amount of required liability coverage from time to time (but not more than once each calendar year) and to require that Tenant cause any Tenant Parties conducting activities in or about or occupying the Premises to obtain and maintain similar types and amounts of insurance. Each insurance policy must include an endorsement to provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord by reason of acts or omission of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. Each such insurance policy or a certificate thereof, including appropriate endorsements, shall be delivered to Landlord by Tenant on or before the Commencement Date, and thereafter renewal policies, certificates, and appropriate endorsements at least thirty (30) days prior to the expiration dates of expiring policies. Tenant shall cause its insurance companies issuing property (first party) insurance and workers' compensation insurance to waive any subrogation rights that those companies may have against Landlord, as long as the insurance is not invalidated by the waiver. Page 24 of 26 1306485viB 80078/0042 EXHIBIT E Location Job Throughout Tighten all ceiling cables Replace damaged ceiling tiles Prep and paint all walls and trim in neutral shades with one accent in each room Install linoleum in main room /entry, all classrooms, bathrooms, rec room Install carpet in offices and conf. room Main room /entry (1) Move front entry wall back approx. 3' Rewire for electrical Remove windows Relocate 2 doors Remove window on right side and install new door Conference room (2) Relocate light switch Relocate door to entry Classroom A /Storage Room (3) Rewire electrical Remove wall Move sink Close off hall door to current storage /sink room Move door over Move hallway counter and reinstall Install refrigerator outlet Install small or tankless hot water heater Office hallway (4) Install 2 1 -way locking doors Staff room (5) Rewire Install new sink/waste pump Install refrigerator Install dedicated pump circuit Remove wall Rec room (6) Remove wall Add door to hall Bathrooms (7) Restore original walls to extend bathrooms Install 2 new sinks Install hot water heater in ceiling Remove existing hot water heater Bring to current ADA standards Page 25 of 26 1306485v1B 80078/0042 EXHIBIT E HUNTER. DRIVE - Lease Rate Adjustment Worksheet 11, 2,500 FT') SNN1 E "VICIA11,17-e! Tenant Improvenwnt. Improvement Assignment Total Estimated Cost 5 - Year Airwrtzed Cost J tlrougfi lease tanq Amortized lrwrovsnwrt Netlhf ue 1 Slyr -Mmnth Vn-,qntWft' FL,nbir:p',AOA UggroWes 0.44's -22,503 -4,520 -377 -0.15 '&afi Ca ere tDant,� CADS -3,cc10 -F11Dc- 57 -0.02 liv,'-ndow ccrvAlgc OADa G 0 Fkro,s (Lino�ewi-.,Carpc.) -MO-13 'a,7,30 -142 -0.06 Carp-dry"'.3peneril Irnprovements OADS -e,cco -133 0,-05 r 42 "105 Notes Restroc-mrOwt via'c,,' Aanenet ?.rry verve nts ,ADD. Pa rd and waltzavering it rc nvmiis :4,3CrTj No Crced ;&wen ReMOV31,of se, iera' no-load bearingtvals - aeaI off IT g, oup i Net added -vahe of tenant sun of all tenant Adjustment Factor (Vinonth;l1t) -0.28 in,lpmvements per morO p-r 1 zaJa-'e fcot General Assuwpteons- Frbpaseed Lease Term ;,ysars) 5 Proposed Les a Rate (SImonth*,� PsntalAfea (ft"j 2,500 I ntered Lease Fate f&niond,%,ft Base Lease Pate (S'n)crtJhM.t) Bas 9 Lease Adjusted Lcase Rate AAwsfted Lease Mnor,.tn) Page 26 of 26 1306485v1B 80078/0042 M N% an monthly 1'ease rxe Ocuntem-d"12 1.13 2,813 R—cccinmerdk --,monh;/ !ease rate =base rate v.&, c :vmibjted net tenant 0.24 2,111 Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2nd & 4th Tuesdays of each month: Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via email for review and approval as to form DUE no la:;.i than NOON Three (3) Mondays prior to Council meeting date Agenda items to City Manager via email for his review and responding "email authorization', synchronized with above timeframe of Assistant City Attorney review, and an email copy to the City Cleric for drafting agendas Agenda Items w /attachments via email and twenty (20) complete hard copy sets with 2 sets single- sided & 18 sets double - sided /stapled to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting date Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday morning One (1) week prior to Council meeting date Agenda Packets distributed to City Council and Agendas posted /distributed /mailed on Thursday afternoon One (1) week prior to Council meeting date in compliance with Rohnert Park Municipal Code Section 2.08.020 and related Resolution No. 2008 -173 {This section for City Clerk Use Only) 05/25/10 City Council Agenda ITEM NO. 6.C.2 for RESOLUTION NO. 2010-54 CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: Department: Submitted By: Submittal Date: Agenda Title: May 25, 2010 Development Services Suzie Azevedo, Community Development Assistant May 11, 2010 Approval of Findings Making a Determination of Public Convenience and Necessity for Direct Wine Club located at 5685 Redwood Drive Requested Council Action: Consideration of Resolution Making a Determination of Public Convenience and Necessity SUMMARY On April 8, 2010, the Planning Commission reviewed and approved application for a Conditional Use Permit to allow the operation of a wine bar (Wine Direct Club) with associated retail sales. Wine Direct Club is primarily a subscription based wine retailer. Ninety percent (90 %) of the business operation will be generated through internet sales. The remaining business activity would be servicing local "club member" clientele and walk in retail. A small bar /tasting area is also available and will enable club members to try different offerings /tasting flights while visiting the store. The applicant, John Ryno, has applied to the Department of Alcoholic Beverage Control (ABC) for a type 42 on -sale beer and wine license. Due to the location of the wine bar /retail establishment, which is in close proximity to other alcoholic beverage outlets, the ABC has requested a determination by the City Council that the approval of the license serves a public convenience and necessity. 5/25/10 City Council Agenda ITEM NO. 6.C.3 RESOLUTION NO. 2010-55 RESOLUTION NO. 2010-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REJECTING THE AMENDED CLAIM OF JUEL BORTOLUSSI [Injuries from fall on alleged uneven sidewalk] BE IT RESOLVED by the City Council of the City of Rohnert Park that that Amended Claim for alleged damages dated May 5, 2010 and received May 11, 2010 is hereby rejected. DULY AND REGULARLY ADOPTED this 25t" day of Maw. CITY OF ROHNERT PARK Mayor ATTEST: City Clerk 5/25/10 City Council Agenda ITEM NO.. 6.C.4 RESOLUTION NO. 2010-56 RESOLUTION NO. 2010-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REJECTING THE CLAIM OF Amir Farhid [Water damage to home] BE IT RESOLVED by the City Council of the City of Rohnert Park that that Claim for alleged damages dated April 21, 2010 and received May 6, 2010 is hereby rejected. DULY AND REGULARLY ADOPTED this 25th day of May, 201. . CITY OF ROHNERT PARK Mayor ATTEST: City Clerk Ref: Claim No. 2010 -08 5/25/10 City Council Agenda ITEM NO. 6.C.5 RESOLUTION NO. 2010-57 RESOLUTION NO. 2010-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK Supporting The California Air Resources Board's Strategies for Meeting California's Greenhouse Gas Reduction Targets WHEREAS, California is experiencing a public health crisis due to poor air quality, with over 90% of Californians living in areas that exceed federal health -based ozone standards. This, together with other pollutants, contributes to asthma attacks, heart and lung disease, hospitalizations, and premature deaths and fuels Californian's astronomical public health costs; and WHEREAS, global warming threatens California with more intense heat waves, more frequent droughts, flooding, agricultural losses, and greater energy demands; and WHEREAS, the California Legislature enacted the Global Warming Solutions Act (AB 32) to address global warming by reducing California's greenhouse gas emissions to 1990 levels by 2020; and the Governor issued Executive Order S -3 -05 further directing the state to reduce emissions by 80 percent by 2050; and. WHEREAS, the California Legislature enacted Senate Bill 375 to encourage integrated land use and transportation planning that supports air quality and emphasizes reductions in vehicle miles traveled and greenhouse gas emissions by promoting alternatives to driving, such as walking, biking, and mass transit options; and WHEREAS, California's Clean Cars (AB 1493) programs reduce petroleum consumption, support new jobs and investments in California's emerging green economy and spur innovation in low and zero emission vehicles; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park does hereby support ambitious regional greenhouse gas reduction targets and urges the Air Resources Board to continue its leadership role in protecting the health of California's economy, environment, and people. DULY AND REGULARLY ADOPTED this 25th day of May, 2010. City of Rohnert Park Mayor Attest: City Clerk 5/25/10 City Council Agenda ITEM NO.7 RESOLUTION NO. 2010-58 City of Rohnert Park .130 Avram Avenue. Rohnert Park, CA 94928. [707] 588 -2226. Fax: [707] 792.1876 MEMORANDUM DATE: MAY 17, 2010 TO: HONORABLE MEMBERS OF THE CITY COUNCIL FROM: JOHN DUNN, INTERIM CITY MANAGER SUBJECT: CONSIDERATION OF EXTENSION OF AMENDED REFUSE, RECYCLABLE MATERIALS, COMPOSTABLE MATERIALS AND STREET SWEEPING SERVICES CONTRACT AGREEMENT Recently, staff was approached by RP Disposal with a proposal to extend the above - referenced contract. Former Interim City Manager Dan Schwarz met several times with representatives of RP Disposal and reached agreement on the following terms that have been presented to the Waste and Recycling Committee (Mayor Stafford, Vice -Mayor Belforte) for its review: ■ Extension of Agreement for 5 years past the expiration date, with RP Disposal holding an option to extend an additional 5 years provided the company is in compliance with all aspects of contract. (This provision would take the contract to 2020 with the company's option extending it to 2025). ■ RP Disposal will pay $300k in a one -time Franchise Extension Fee that is not to be passed on to ratepayers. ■ RP Disposal will provide portable toilet service in the City's parks and other facilities according to a schedule to be agreed upon by City and RP Disposal. ■ Existing language regarding recycling education and outreach funds is largely retained and is broadened in scope but still limited to recycling education and outreach. ■ City shall hold options to increase franchise fee by 1% and contract administration fee by 1 %. ■ RP Disposal shall reimburse City for work of R3 related to this contract extension and an analysis of current rates — particularly current commercial rates. (A cursory review of other cities suggests our commercial rates are low). Consideration of Extension of Amended RP Disposal Contract Agreement May 17, 2010 Page 2 Santa Rosa recently negotiated a similar extension agreement with North Bay Corporation, RP Disposal's parent company. The County recently entered into a franchise agreement for solid waste hauling with North Bay Corporation. Staff reviewed these agreements in negotiating these terms with RP Disposal. Staff believes this agreement compares favorably to the terms of the agreements with the other agencies when the nature and scope of the work done in each jurisdiction is considered. Fiscal Impact: The City's General Fund Reserve will receive a one -time payment of $300,000. The City will realize an annual General Fund savings of approximately $50,000 by closing park bathrooms and transferring this responsibility to RP Disposal. A 1% increase in the franchise fee or a 1% increase in the contract administration fee would generate $60,000 (for each increase) for the General Fund. Staff Recommendation: Based on the work that has been done and the review and recommendation of the Waste and Recycling Committee, it is recommended that the City Council approve the extension of the contract terms and related provisions with RP Disposal. 5/20/2010 TERMS OF REFUSE CONTRACT EXTENSION • EXTENDS TERM TO JUNE 30, 2020 • OPTION TO ALLOW CONTRACTOR TO EXTEND TERM FOR AN ADDITIONAL FIVE YEARS • DOES NOT CHANGE THE FORMULA USED TO CALCULATE CONTRACTOR SERVICE COSTS • SETS A PERFORMANCE STANDARD OF $50,000 OR LESS IN ADMINISTRATIVE CHARGES TERMS OF REFUSE CONTRACT EXTENSION • PROVIDES PORTABLE TOILET SERVICE IN CITY PARKS AND OTHER CITY FACILITIES AT NO COST (ANNUAL SAVINGS OF APPROXIMATELY $50,000) • PROVIDES FOR A ONE -TIME FRANCHISE EXTENSION FEE OF $300,000 TO CITY'S GENERAL FUND • ALLOWS FOR AN INCREASE OF UP TO 1% FOR BOTH THE FRANCHISE FEE AND THE CONTRACT ADMINISTRATION FEE ($110,000 ANNUALLY) 1 REFUSE RATE COMPARISON * THE CITY OF SONOMA CONTRACTS WITH SONOMA GARBAGE COMPANY 5/20/2010 K ROHNERT PARK 6.52 (LOW) 11.95 18.68 29.15 HEALDSBURG 8.29 11.49 17.10 23.53 (LOW) CLOVERDALE 13.39 (HIGH) 18.86 (HIGH) 30.37 (HIGH) 39.83 SEBASTOPOL 7.79 13.60 24.84 41.47 SANTA ROSA 9.76 11.41 17.02 (LOW) 30.80 PETALUMA 8.26 14.64 27.75 45.79 (HIGH) WINDSOR 7.86 13.42 24.40 40.74 SONOMA* 6.85 10.88 (LOW) 23.62 36.25 AVERAGE 8.59 13.28 22.97 35.95 * THE CITY OF SONOMA CONTRACTS WITH SONOMA GARBAGE COMPANY 5/20/2010 K RESOLUTION NO. 2010 -58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING FIRST AMENDMENT TO AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND ROHNERT PARK DISPOSAL, INC. FOR REFUSE, RECYCLABLE MATERIALS, COMPOSTABLE MATERIALS AND STREET SWEEPING SERVICES WHEREAS, on May 29, 2001 the City of Rohnert Park ( "City ") and Rohnert Park Disposal, Inc., ( "Contractor ") entered into an agreement for the Collection, Transportation, and Processing of Refuse, Recyclable Materials, and Compostable Materials, and for the provision of Street Sweeping Services ( "Original Agreement "); WHEREAS, on July 1, 2008, the Original Agreement was Amended and Restated; and WHEREAS, City and Contractor desire to amend the July 1, 2008 Amended and Restated Agreement in order to, among other things, include an adjustment to the current term, an option to extend the term, include portable toilet service, and require Contractor to make additional payments to the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it hereby authorizes and approves the First Amendment to Amended and Restated Agreement between the City of Rohnert Park and Rohnert Park Disposal, Inc. for Refuse, Recyclable Materials, Compostable Materials and Street Sweeping Services attached hereto as Exhibit "A." BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 25t' day of May, 2010. City Clerk CITY OF ROHNERT PARK Mayor FIRST AMENDMENT TO AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND ROHNERT PARK DISPOSAL, INC. FOR REFUSE, RECYCLABLE MATERIALS, COMPOSTABLE MATERIALS AND STREET SWEEPING SERVICES WHEREAS, on May 29, 2001 the City of Rohnert Park ( "City ") and Rohnert Park Disposal, Inc., ( "Contractor") entered into an agreement for the Collection, Transportation, and Processing of Refuse, Recyclable Materials, and Compostable Materials, and for the provision of Street Sweeping Services ( "Original Agreement "); WHEREAS, on July 1, 2008, the Original Agreement was Amended and Restated; WHEREAS, City and Contractor desire to amend the July 1, 2008 Amended and Restated Agreement in order to include an adjustment to the current term, an option to extend the term, include portable toilet service, and require Contractor to make additional payments to the City; and WHEREAS, this Amendment to Amended and Restated Agreement is made: and entered into effective the day of , 2010, by and between the City of Rohnert Park and Rohnert Park Disposal, Inc., a California corporation; Now, therefore, in consideration of the mutual covenants, agreements and consideration contained herein, CITY and CONTRACTOR hereby agree as follows: Section 3.3 Term is amended by incorporating the following new text in bold format and deleting text in strikeout format: 3.3 Term The initial Term of this Agreement shall begin July 1, 2008, and end at midnight June 30, 2020. . This Amendment extends the Term to June 30, 2020. Section 3.4 Option to Extend Term is replaced in its entirety with the following: 3.4 Option to Extend Term. At Contractor's written request, on or about July 1, 2018, provided the City determines that the Contractor has met the minimum performance and diversion requirements, as set forth in Section 3.5, the City shall within twenty (20) Work Days offer the Contractor in writing a five (5) year extension of this Agreement. Contractor shall provide written notice to City as to whether Contractor accepts or rejects City's offer within twenty (20) Work Days of the date of the offer. If Contractor fails to provide such notice to City within said twenty (20) Work Days, City's offer shall be deemed withdrawn and City shall have no obligation to extend the term of • this Agreement beyond June 30, 2020. If the term of this Agreement is extended, the compensation provisions of Article 8 shall not be subject to negotiation. However, the compensation payable to Contractor shall be adjusted annually throughout the extended term as provided in Article. 8. EXHIBIT A First Amendment Between the City of Rohnert Park and Rohnert Park Disposal, Inc. Dated 92010 Article 3, Term of Agreement, is amended by adding Subsection 3.4.1, Voiding of Extension, with the following new text in bold format: 3.4.1 Voiding of Extension. In the event City determines that Contractor fails to meet the minimum service and diversion requirements set forth in Section 3.5 or is in breach of any other provisions of this Agreement, Contractor understands and agrees that the service extension set forth in Section 3.4 above is voided and that this Agreement shall terminate on June 30, 2020. Article 3, Term of Agreement, is amended by adding Subsection 3.4.2, Conditions for Granting Extension(s), with following new text in bold format: 3.4.2 Conditions for Granting Extension(s) In order to receive the Agreement term extension offers set forth in Article 3 of this Agreement, the Contractor must meet or exceed the following annual minimum performance and diversion standards in each Contract Year beginning January 1, 2010 as determined by City. Article 3, Term of Agreement, is amended by adding Subsection 3.4.3, Performance Standards, with following new text in bold format: 3.4.3 Performance Standards. Assessment of administrative charges, as set forth in Section 11.5 of this Agreement of less than $50,000 in each Agreement Year beginning January 1, 2010. Article 3, Term of Agreement, is amended by adding Subsection 3.4.4, Minimum Diversion Standards, with following new text in bold format: 3.4.4 Minimum Diversion Standards. The City requires the Contractor to achieve a minimum annual diversion rate of forty -five percent (45 %) for each Agreement Year. The annual diversion rate will be calculated as "the tons of materials collected by the Contractor under the terms of this Agreement that are sold or delivered to a recycler or reuser, as required by this Agreement, divided by the total tons of materials collected in the Agreement Year." The City may determine in its sole discretion that Contractor's failure to meet the minimum diversion requirements constitutes Contractor's default of this Agreement or the City may impose administrative charges on Contractor as set forth in Section 11.5 of this Agreement. Section 5.6 City Facilities and Events Collection is amended by incorporating the following new text in bold format: Contractor shall provide containers and collection of Refuse, Recyclable Materials - and Compostable Materials to all City facilities identified in Exhibit A. Contractor shall also provide collection of Refuse disposed of in City -owned cans located throughout the City. Contractor shall provide Refuse, Recycling Materials and Compostable Materials services for special events as set forth in Exhibit C. The size of the bin or cart and the frequency of Collection shall be determined between the City and Contractor. Compostable Materials services are required only at the Department of Public Works, where all City Compostable Materials are deposited. Page 2 of 5 131072MA 80078/0012 First Amendment Between the City of Rohnert Park and Rohnert Park Disposal, Inc. Dated 32010 The services required by this section shall be provided at no charge to the City, but the cost of providing such service shall be an allowable expense under Article 8. Contractor shall also provide portable toilet service in City's parks and other City facilities on a schedule and frequency as agreed on between the City and Contractor. Contractor shall provide portable toilet service at no cost to the City and the cost of providing such service shall not be an allowable expense under Article 8. Subsection 5.13.4. City's Supplemental Education "A" and "B" is amended by incorporating the following new text in bold format and deleting text in s#Fikeeut format: 5.13.4 City's Supplemental Education A. The City will include an annual budget of $25,000 in the Contractor's Payment for Services to fund supplemental education program(s);. The use of these funds shall not be restricted and may be used for solid waste related programs such as an annual E -Waste event, and a variety of ads and /or concise articles that, upon request by City, are to be written and placed in the Community Voice by Contractor. This annual budget will be added on as a pass- through of diversion fees to the cost presented and will be funded from Refuse rates. 1. Annually, the City and Contractor will agree on one or more supplemental education programs that target large generators of waste. For example, supplemental programs may include, but not be limited to, augmenting source reduction and Recycling practices among those generators known to contribute significant levels of divertable materials to landfills or generators known to contaminate Garbage and /or Recycling. Contractor shall report progress, problems encountered, actions taken, and recommendations for future actions quarterly. 2. Contractor shall organize and manage an annual E -Waste event with a certified E- Waste recycler. Contractor's responsibilities shall include, but not be limited to: (a) initiating contact with a certified E -Waste recycler; (b) establishing a date and time for the event that is acceptable to both the City and certified E -Waste recycler; (c) working with City staff to secure a location for the event; (d) working with certified E -Waste recycler to secure adequate staffing and transportation of E- Waste; and (e) coordinating all activities through the event to ensure its success. Contractor shall be responsible for ensuring that the total number of pounds collected at the event is reported to the City within 60 days of the event. 3. Contractor shall place ads in the Community Voice for Christmas Tree Collection Services, Christmas Recycling Services, the Curbside Community Clean -up Events, the annual E -Waste Event and other events as requested by City. At the request of City staff, Contractor shall generate 2 -3 brief educational articles for publication in the Community Voice (e.g., Composting leaves in the fall, proper disposal of medications). The content for these articles may be taken directly from Contractor's bi- annual newsletter if previously published . and approved by the City. B. Annually, the City shall set -aside $25,000 for special projects that will enhance source reduction and recycling education. The use of these funds shall not be restricted and may be used by the City for solid waste related programs such as The- Gity May to hire an educational contractor to conduct additional education and outreach to support multi - family and commercial Recycling programs. This annual budget will be added on as a pass- through of diversion fees to the cost presented and will be funded from Refuse rates. Page 3 of 5 1310723v2A 80078/0012 First Amendment Between the City of Rohnert Park and Rohnert Park Disposal, Inc. Dated , 2010 C. Annually, the City shall set -aside $10,000 for enforcement activities. The City will utilize its Code Enforcement Officer to initiate and carry-out corrective measures to address non- compliance with the Rohnert Park Municipal Code; to enforce our contractual obligation to our Contractor that grants them exclusivity in the collection, hauling, and disposal of all refuse, recyclable materials and compostable materials; and to monitor the activities of Contractors granted a franchise for the provision of Temporary Debris Box services. This annual budget will be added on as a pass- through of diversion fees to the cost presented and will be funded from Refuse rates. Section 7.1 Franchise Fee, AB 939 and Other Fees is amended by incorporating the following new text in bold format: 7.1 Franchise Fee In consideration of the rights provided Contractor herein, Contractor shall pay to City ten (10) percent of Gross Revenues derived by Contractor from services provide in City under this Agreement. This fee may be adjusted by City by resolution. The City, in its sole discretion, may increase the Franchise Fee by up to one percent (1 %) and Contract Administration Fee by up to one percent (1 %). Such adjustment shall be reflected in the rates that the City charges and collects from Generators. The Franchise Fee shall be included in Refuse rates set by the City Council and shall be deducted by City monthly from revenues received from customers, prior to payment to Contractor for services from the remaining customer revenues. With each monthly remittance to Contractor for services, City shall provide a detailed statement showing Gross Revenues billed and the calculation of the Franchise Fee amount retained by City. Article 7. Franchise Fee, AB 939 and Other Fees is amended by adding Section. 7.5 Franchise Extension Fee with following new text in bold format: 7.5 Franchise Extension Fee CONTRACTOR shall pay Three Hundred Thousand Dollars ($300,000.00) to the CITY. Payment shall be due within thirty (30) days upon execution of the extension of the Agreement. Article 7. Franchise Fee, AB 939 and Other Fees is amended by adding Section 7.6 Additional Contractor Payments to the City with following new text in bold format: 7.6 Additional Contractor Payments to City The Contractor shall be responsible for all costs associated with preparing amendments to this Agreement. Contractor shall also be responsible for all costs associated with analysis of customer rates and contractor compensation as determined to be necessary by the City and the Contractor. The analysis will be performed under contract with the City by a qualified firm selected by the City. Page 4 of 5 1310723v2A 80078/0012 First Amendment Between the City of Rohnert Park and Rohnert Park Disposal, Inc. Dated , 2010 IN WITNESS WHEREOF, City and Contractor have executed this First Amendment to Agreement on the respective date(s) below each signature. ROHNERT PARK DISPOSAL, INC James R. Salyers Date Vice President John Dunn Date Interim City Manager Attest: CITY OF ROHNERT PARK Judy Hauff Date City Clerk The foregoing Agreement has been reviewed and approval is recommended: Resolution No. 2010 - Approved by City Council APPROVED AS TO FORM: City Attorney Date Page 5 of 5 1310723v2A 80078/0012 Agenda Packet Preparation TIMELINES for Regular City Council Meetings {This section for City Clerk Use Only} held on the 2nd & 4"' Tuesdays of each month: • Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via email for review and approval as to form DUE no 5/25/10 City Council Agenda later than NOON Three (3) Mondays prior to Council meeting date • Agenda items to City Manager via email for his review and responding "email authorization ", ITEM NO. 8 synchronized with above timeframe of Assistant City Attorney review, and an email copy to RESOLUTION NO. 2010-59 the City Clerk for drafting agendas • Agenda Items with attachments via email and a total of twenty (20) complete hard copy sets with 2 sets single -sided & 18 sets double- sided/stapled to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting date • Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday morning One (1) week prior to Council meeting date • Agenda Packets distributed to City Council and Agendas posted/distributed /mailed on Thursday afternoon One (1) week prior to Council meeting date in compliance with Rohnert Park Municipal Code Section 2.08.020 and related Resolution No. 2008 -173 CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: Department: Submitted By: Submittal Date: Agenda (subject only) Title May 25, 2010 Public Safety Jack Rosevear, Commander — Fire Services May 12, 2010 Weed Abatement Protest Hearing Requested Council Action: Conduct the required protest hearing; Adopt the resolution finding no defensible protests and ordering the abatement of the noticed lots or properties Summary: On May 11, 2010, the City Council adopted Resolution No. 2010 -48 declaring weeds to be seasonal and recurrent nuisance, and directing the weeds to be abated from the properties identified or the City would affect abatement through the use of a contractor. The citywide inspection for lots and properties in violation of the Weed Abatement Standards was completed May 14, 2010. Attached is a complete list of lots that were found to be in violation. At this time some of those lots have cleared their, violations. As per State Government Code and City Council Resolution No. 2010 -48, written notices to abate were mailed to the listed property owners on May 19, 2010. In addition to the letters each listed property owner or their representative was also notified by phone. Also as required by Resolution No. 2010 -48, a notice was published in the Community Voice on Friday, May 14, 2010, and Friday, May 21, 2010, regarding the Weed Abatement Protest Hearing scheduled for May 25, 2010. Inspections for compliance of the properties noted in violation are scheduled to begin June 1, 2010, with abatements intended to begin June 30, 2010. Enclosures: Resolution Weed Abatement List for 2010 Public Hearing Notice CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney. CITY MANAGER'S RECOMMENDATION: ( ) Consent Item (X) Regular Time (X) Approval (X) Public Hearing Required ( ) Not Recommended O Submitted with Comment ( ) Policy Determination by Council ( ) City Comments: Per Interim City Manager's review and direction for distribution of this agenda item. (Revised 031309) JH:TG- S:05 -b RESOLUTION NO. 2010-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ORDERING THE CITY MANAGER TO ABATE NUISANCES EXISTING WITHIN THE CITY OF ROHNERT PARK WHEREAS, it is the determination of the City Council that certain weeds are growing upon the streets and sidewalks and upon and in front of private property within the City of Rohnert Park which, if not abated, constitute a fire and health menace and are otherwise noxious and dangerous, and that such weeds constitute a public nuisance; WHEREAS, such weeds are more particularly defined and described in Section 8.08.010 of the Rohnert Park Municipal Code; WHEREAS, on the May 11, 2010, the City Council of the City of Rohnert Park declared such weeds to be a public nuisance and authorized the City Manager to mail a copy of a Notice to Destroy Weeds to the owners of such properties in accordance with Section 8.08.040 of the Rohnert Park Municipal Code; WHEREAS, the Notice to Destroy Weeds, dated May 19, 2010, was mailed to property owners, per Assessor Parcel Numbers listed on Exhibit A attached to this resolution and incorporated herein, stating that inspections for compliance of the properties noted in violation are scheduled to begin June 1, 2010, and, if not in compliance, the City is authorized to abate. the weeds and assess the costs of such abatement upon the lots and lands from which such nuisance was abated and that such abatement is intended to begin on June 30, 2010. In addition to mailing said notices, each listed property owner or their representative was also notified by phone; and WHEREAS, the required duly noticed and published public hearing was held before the City Council on May 25, 2010, in order for said property owners to state their objections and protests to the destruction of such weeds. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Rohnert Park, having heard and considered all objections and protests to the removal of such weeds at the noticed time and place, overrules all objections and protests, if any. BE IT FURTHER RESOLVED that the Council of the City of Rohnert Park orders the City Manager, or his designees, to abate nuisances existing within the City of Rohnert Park effective June 30, 2010, on the properties described in Exhibit "A" to this resolution. DULY AND REGULARLY ADOPTED this 25th of May, 2010. ATTEST: City Clerk CITY OF ROHNERT PARK Mayor M X Weed Abatement 2010 # Street Name Street # APN Comment Map Page Status Update Done 1 Business Park Dr 5302 143- 040 -111 Ken Blackman kblackman @callatg.com Field is seeded every year. East Field 3&4 email Will r low beginning of May 2 Business Park Dr 5354 143 - 040 -064 Ken Blackman kblackman @callatg.com Field is seeded every year. west Field 3&4 email 3 Cala Way 1209 158 - 270 -065 Luther Burbank Savings- Jana Adams - jadams @Ibsavings.com 10 email Will Handle 4 Icamino Colegio 7271 158- 270 -065 same as #4 10 email Will Handle 5 ICarlson Court 689 143 - 930 -053 John Rosenbach 655 Carlson Ct 537 -1009 3 mail Will Handle 6 1 Cascade Court 160 143- 021 -006 Headley Properties Lic. 1310 Clegg St. Pet. CA 94954 Burt Bangsurg 481- 1580'bcgroup@ 4 email Will mow end of April /Beg. May 7 Cascade Court 123 143- 021 -002 Hertz Rental- Steve Neuerburg- sneuerburg@hertz.com- 586 -4444 4 email Will handle 8 City Center Drive 415 143- 051 -066 City owned: Will be mowed by Public Works - Behind Vet Building 7 email 9 Commerce Blvd 5900 143- 021 -064 Ken Elie 7 Forest Trail Petaluma CA 94952 588 -8033 w 481 -5747 cell- ken @ou 4 email Will handle 10 Commerce Blvd 6001 143- 021 -036 Expressway Self Storage - Angie & Ron Watkins- expresswayss @hotmail.com 4 Mowed already (6x/4R) 11 Commerce Blvd 6620 143- 061 -064 Taco Bell Building - Sharong Lei (415) 806 -8183- fax 584 -7573 7 fax Will Handle 12 Commerce @ Golf Course N/A - City owned: Will be mowed by Public Works - Next to roadway - west side 1 email 13 Commerce @ Redwood N/A - City owned: Will be mowed by Public Works - Next to sidewalk - south side 1 email 14 East Cotati Ave 1445 143 - 340 -061 Steven J Scarpa 235 Posada Del Sol Novato CA 94949 415 382 -0800- sireenterprises@hotrr 10 email Will Handle emailed 3/23 to Tom Kelley Tkelley @rpcity.org 15 Labath Ave 5870 143- 040 -116 City owned: Will be mowed by Public Works - Old R P Statium Area 3 16 Labath Ave 5880 143 - 040 -116 City owned: Will be mowed by Public Works - Old R P Statium Area 3 email 17 Labath Ave 5900 143- 040 -109 City owned: Will be mowed by Public Works - Old R P Stabum Area 3 email 18 Laguna De Santa Rosa Flood Control Channel Santa Rosa Water Agency - John Nehouse 521 - 1845 - jon @scwa.ca.gov 12 email Will Handle 19 Martin Ave 611 j 143 - 930 -061 Robert Clibion PO Box 2283 Sebastopol, CA 95473 -2283 - Land Management 82G 3 email Will Handle 20 Medical Center Drive 1385 159 -460 -027 Oakview Apts owns (Kisco) called John Spoa - Maintenance @ 585 -1800- mainter a email Will Handle 21 Medical Center Drive 1351 159 -460 -003 Bransford Properties LLC- 200 4th St STE 200 Santa Rosa 95401 a mail Pending 22 Medical Center Drive 1371 159 -460 -004 FARVEL Corp. P.O.Box 751401 Petaluma, CA 94954- 751401 Ginny Gilvin 769 -7 a Msg. left 5118 Done 23 Medical Center Drive 1401 159 -460 -005 Santa Rosa Health System 1165 Montgomery Dr. SR 546 -3210 s IMsg left5/18 24 Medical Center Drive 159- 046 -020 Santa Rosa Health System 1165 Montgomery Dr. SR 546 -3210 s I same 25 jPadre Parkway 6 143- 051 -071 Lewis Epstein 614 Vermonts St. San Fran CA 94107 (415)826 -3488H 7 mail Will Handle 26 1 Park Court n/o 655 143 - 040 -068 Ken Blackman kbiacman @cailatg.com Field is West of City. 3 email Will Handle 27 Professional Center Ct 310 143 -490 -022 George Kokalis 36 Lisbon Street San Rafael, CA 94901 (415) 383- 2491wk (415) 4 hone discussic Done 28 R. P. Expressway 330 143- 391 -087 Phan Long 203 Loma Linda Ct. Cotati, CA 94931 - Valley Furniture- valleyfurniture 6 email Done 29 R. R. Tracks thru Town RRX I R R Tracks SMART - Rob Krantz (415) 226 -0880 'rkrantz @sonomamadntrain.org' 1,4,7,8.10,12 email Done 30 Redwood Drive 6111 143- 391 -060 Lot N /of Chevron Oil Stop - LeRoy Knibb 4326 Cox Ct. SR CA 95409 974-5235c-I email Will Handle 31 Redwood Drive 6238 143- 391 -090 Codding Enterprise - 795 -3550 Susan Burns- susanb @codding.com 8 email Will Handle 32 Redwood Drive 6258 143 - 391 -091 Codding Enterprise - 795 -3550 Susan Bums s email Will Handle 33 1 Redwood Drive 6521 143- 391 -072 Mary Jane Hill TR.- Good Year Tire- Carig Markey- 548 -5411- facilitiesnorth @comoast.net 7, email Will Handle Weed Abatement 2010 # Street Name Street # APN Comment Map Page Status Update Done 34 Redwood Drive 6603 143- 391 -080 George Kokalis 36 Lisbon Street San Rafael, CA 94901 (415) 383- 2491wk (415) 7 Phone discussior Done 35 Redwood @ Wilfred N/A 045- 081 -007 Near intersection of Redwood @ Wilfred - Owned by City of RP 1 email 36 Redwood @ Wilfred N/A 045- 082 -001 Near intersection of Redwood @ Wilfred - Owned by City of RP 1 email 37 Southwest Blvd 1 143- 150 -056 Swest Blvd @ Commerce Ernest McCulloh PO Box 635 Cobb, CA 95426 -0635 32 s Spoke 1 w /owner. Will handle by May 38 State Farm Drive 5980 153- 021 -080 Bruce Buchanan 5980 State Farm Drive 584 -4643- buchananfoodservice@yahoo. 4 email Done 39 State Farm Drive 6020 143- 021 -079 Shawn Johnson- sjohnson @keegancoppin.com 4 email Will Handle Updated 5/20/10 CITY OF ROHNERT PARK 130 Avram Avenue Rohnert Park, California 94928 Telephone (707) 588 -2227 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Rohnert Park will be holding a PUBLIC HEARING: WHERE: Rohnert Park City Hall — Council Chamber 130 Avram Avenue Rohnert Park, California WHEN: May 25, 2010, at the hour of 6:00 p.m. or as soon thereafter as the matter is reached. PURPOSE: To hear property owner protests regarding the proposed destruction or removal of weeds declared to constitute a public nuisance. NOTICE TO DESTROY WEEDS NOTICE IS HEREBY GIVEN that on May 11, 2010, pursuant to the provisions of Ordinance No. 27 of the City of Rohnert Park, the City Council passed Resolution No. 2010 -48 declaring that there exists on numerous lots and parcels of real property within the City of Rohnert Park weeds, dry grass, stubble, brush, litter and other flammable material which endangers the public safety by creating a fire hazard and which the City Council of the City of Rohnert Park found and declared to constitute a public nuisance which should be removed and cleared from each and all of said premises. NOTICE IS FURTHER GIVEN that property owners shall without delay remove all such weeds from their property and the abutting half of the street in front and alleys, if any, behind such property, and between the lot lines thereof as extended, or such weeds will be destroyed or removed and such nuisance abated by the City authorities, or their designated agents or contractors, in which case the cost of such destruction or removal will be assessed upon the lots and lands from which, or from the front or rear of which, such weeds shall have been destroyed or removed; and such cost will constitute a charge upon such lots or lands until paid, and a penalty of ten percent for nonpayment within the time and in the manner prescribed, plus a penalty of one -half of one percent per month for nonpayment of the charge and basic penalty, will attach thereto. All property owners having any objections to the proposed destruction or removal of such weeds are hereby notified to attend a meeting of the City Council to be held on May 25, 2010, at 6:00 p.m. or as soon thereafter as the matter is reached, when and where their objections will be heard and given due consideration. Dated: May 12, 2010 Judy Hauff, City Clerk Published: May 14 and 21, 2010 5/25/10 City Council Agenda ITEM NO. 9.A.1 City of Rohnert Park • 130 Avram Avenue • Rohnert Park, California 94928 Phone (707) 588 -2226 • Fax (707) 792 -1876 • www.rpciiy.org ROHNERT PARK CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE SPECIAL MEETING NOTICE AND AGENDA Friday, May 21, 2010, 4:15 p.m. City Hall, 2nd Floor Conference Room #2A 130 Avram Avenue, Rohnert Park, California Committee Members: Pam Stafford, Mayor Gina Belforte, Vice Mayor Cit Sy taff: John Dunn, Interim City Manager Sandy Lipitz, Director of Administrative Services Linda Babonis, Housing and Redevelopment Manager Call to Order 1. Public Comments 2. Sonoma County Tourism Bureau - FY 2010/11 Funding \Work Plan for City of Rohnert Park 2. PAC Sign Discussion 3. Matters From/For Committee Adjournment Any writings or documents related to items of business referred to on this Agenda that are subject to disclosure and submitted to the members of the Economic Development Committee after distribution of the agenda packet will be available for public inspection in the City Manager's Office at 130 Avram Avenue, Rohnert Park, CA during normal business hours. Disabled Accommodation: If you have a disability which requires an accommodation, an alternative format, or another person to assist you while attending this meeting, please contact (707) 588 -2226 as soon as possible to ensure arrangements for accommodation. Posted this 17d' day of May, 2010 Housing & Redevelopment Manager 5/25/10 City Council Agenda ITEM NO. 9.13.1 SONOMA COUNTY Waste P. Management Agency SONOMA COUNTY WASTE MANAGEMENT AGENCY May 19, 2010 9:00 a.m. City of Santa Rosa Utilities Department Subregional Water Reclamation System Laguna Plant 4300 Llano Road, Santa Rosa, CA 95407 Estuary Meeting Room * *UNANIMOUS VOTE ITEM 9 ** 1. Call to Order /Introductions 2. Agenda Approval 3. Attachments /Correspondence: Director's Agenda Notes Letter of Support for AB 2398 Letter of Support for AB 2139 4. On file w /Clerk: for copy call 565 -3579 Resolutions approved in April 2010 2010 -007 Appropriation Transfer (CoIWMP) 2010 -008 Resolution Adopting Annual Budget for FY -10 -11 2010 -009 Resolution Approving the 5th Amendment with C2 Alternative Services to Audit Oil Recycling Centers and Coordinate Oil Recycling Publicity and Programs 5. Public Comments (items not on the agenda) CONSENT (w /attachments) Discussion /Action 6.1 Minutes of April 21, 2010 6.2 FY 09 -10 Third Quarter Financial Report 6.3 Confirmation of Local Task Force Bylaws Amendment 6.4 Resolution of Oil Payment Program 6.5. Proof of Designation for Non - profit E -waste Collection 6.6 Carryout Bag Update 6.7 SCC Monthly Report for February 2010 6.8 3`d Amendment to VBN Contract 6.9 Home Composting and Garden Pesticide Use Survey 2010 2300 County Center Drive, Suite 13100 Santa Rosa, California 95403 Phone: 707 /565 -2231 Fax: 707/565 -3701 www.recyclenow.org REGULAR CALENDAR 7. Sonoma County /City Solid Waste Advisory Discussion /Acting [Barbose] PLANNING 8. Presentation by Yvonne Hunter, Program Director, Presentation California Climate Action Network, and Institute for Local DIVERSION Government Titled "Commercial Recycling. Discussion of Sample Commercial Recycling Ordinance from the Institute for Local Government" 9. Contract Extension with Clean Harbors UNANIMOUS VOTE [Steinman](Attachment) HHW 10. SCWMA Alternative Funding Final Report Presentation [Carter](Attachment) ADMINISTRATION 11. UCCE Agreement Discussion /Action [Klassen](Attachment) YARD 12. Establishing Interview Process Discussion /Action [Klassen](Attachment) ADMINISTRATION 13. Staffing Services Discussion /Action [Klassen](Attachment) ADMINISTRATION 14. Boardmember Comments 15. Staff Comments 16. Next SCWMA Meeting June 16, 2010 (last meeting scheduled to be held at this location) 17. 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 items 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 COMMENTS: 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 and during each regular meeting of the 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 Item and 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 format 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, Suite 13100, Santa Rosa, (707) 565- 3579, at least 72 hours prior to the meeting, to ensure arrangements for accommodation by the Agency. 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 Utilities Department Subregional Water Reclamation System Laguna Plant 4300 Llano Road, Santa Rosa. It is also available on the Internet at www.recvclenow.ora 2300 County Center Drive, Suite 6100 Santa Rosa, California 95403 Phone: 707/565 -2231 Fax: 707 /565 -3701 www.recyclenow.ora 5/25/10 City Council Agenda ITEM NO. 9.13.2 RUSSIAN RIVER WATERSHED ASSOt,......... MEETING OF THE BOARD OF DIRECTORS May 20, 2010, 9:00 AM Windsor Town Council Chambers 9291 Old Redwood Highway, Windsor, CA 95492 R u S S 1 A N R I V E R WATERSHED ASSOCIATION AGENDA 1. Call to Order and Introductions 2. Approval of the Agenda 3. Approval of Standing Items A. Minutes: February 25, 2010 Board of Directors Meeting 4. Student Video Contest Awards Presentation 5. Guest Speaker Presentation National Marine Fisheries Service (NMFS) target storage curve for Lake Pillsbury and flows through the Potter Valley powerhouse to the Russian River (Guinness McFadden) 6. BOD Business A. RRWA Comment Letter - Santa Rosa Urban Water Recycling B. Recent and on -going RRWA advocacy items • Update from April 29th RWQCB Meeting in Ukiah • Update from May 11th presentation to RWQCB staff • Agenda for May 20th meeting with RWQCB EO and staff C. Schedule and agenda items for next RRWA Board meeting • Currently scheduled date: July 29, 2010 7. Working Group Activities A. Working Group Activities Next meeting: June 8, 2010 8. Items of Interest 9. Public Comment 10.Adjourn The Russian River Watershed Association complies with ADA requirements and will attempt to reasonably accommodate individuals With disabilities upon request. Please contact Phoebe Grow at (707) 833 -2553 with any questions. 5/25/10 City Council Agenda ITEM NO. 9.C.3 AGENDA: SMART DISTRICT BOARD MEETING May 19, 2010 1:30 p.m. San Rafael City Council Chambers 1400 Fifth Ave. San Rafael, CA 1. Call to Order Approval of April 21, 2010, Board Meeting Minutes Consent Agenda 3 -a. Review SMART Monthly Cost Report 3 -b. Review and Approve Fiscal Year 2009 Annual Financial Audit 3 -c. Approve Appointments to the Citizens Oversight Committee 3 -d. Approve First Amendment to the Cooperative Agreement between County of Marin and SMART relating to the Cal Park Hill Tunnel Rehabilitation and Multi - Use Pathway 3 -e. Approve Amendment to Agreement for Employment Services with General Manager 4. Agenda Review Board Member Announcements Public Comment on Items Not on the Agenda (Comments Limited to 3 Minutes) 7. SMART General Manager Report (Lillian Hames) 8. Presentation regarding Schedule of Major Program Activities and Key Board Decisions (Lillian Hames, John Lackey) 8 -a. Presentation regarding Value Engineering (John Lackey) 9. Presentation of Fiscal Year 2010 -2011 Budget Overview (Erin McGrath, Lillian Hames) 9 -a. Organization Chart Review 9 -1b. Staffing Plan 9 -c. Benefits Summary Confirmation 9 -d. Cost of Living Increases JAE 60 on "'i1 N'A { AGENDA: SMART DISTRICT BOARD MEETING May 19, 2010 1:30 p.m. San Rafael City Council Chambers 1400 Fifth Ave. San Rafael, CA 1. Call to Order Approval of April 21, 2010, Board Meeting Minutes Consent Agenda 3 -a. Review SMART Monthly Cost Report 3 -b. Review and Approve Fiscal Year 2009 Annual Financial Audit 3 -c. Approve Appointments to the Citizens Oversight Committee 3 -d. Approve First Amendment to the Cooperative Agreement between County of Marin and SMART relating to the Cal Park Hill Tunnel Rehabilitation and Multi - Use Pathway 3 -e. Approve Amendment to Agreement for Employment Services with General Manager 4. Agenda Review Board Member Announcements Public Comment on Items Not on the Agenda (Comments Limited to 3 Minutes) 7. SMART General Manager Report (Lillian Hames) 8. Presentation regarding Schedule of Major Program Activities and Key Board Decisions (Lillian Hames, John Lackey) 8 -a. Presentation regarding Value Engineering (John Lackey) 9. Presentation of Fiscal Year 2010 -2011 Budget Overview (Erin McGrath, Lillian Hames) 9 -a. Organization Chart Review 9 -1b. Staffing Plan 9 -c. Benefits Summary Confirmation 9 -d. Cost of Living Increases 10. Next Board Meeting Date: June 16, 2010, Sonoma County Board of Supervisor Chambers Next Real Estate Committee Meeting Date: June 2, 2010, at 10:00 AM, SMART Santa Rosa Office, Ste. 103 Next Executive Committee Meeting Date: June 2, 2010, at Noon, SMART Santa Rosa Office, Ste. 103 Next Operations Committee Meeting Date:June 9 , 2010, at 1:30 PM, SMART Santa Rosa Office, Ste. 103 11. Adjournment DISABLED ACCOMMODATION: if you have a disability that requires the agenda materials to be in an alternate format or that requires an interpreter or other person to assist you while attending this meeting, please contact SMART at least 72 hours prior to the meeting to ensure arrangements for accommodation. DOCUMENTS: Documents distributed by SMART for its monthly Board meeting or committee meetings, and which are not otherwise privileged, may be inspected at SMART's office located at 750 Lindaro Street, Suite 200 San Rafael, CA 94901 during regular business hours City of Rohnert Park 05/25/10 Agenda Item No. /o COUNCIL COMMUNICATIONS May 25, 2010 Meeting Lidster, Beth From: Lidster, Beth Sent: Tuesday, May 18, 2010 8:29 AM To: 0 City Council Subject: FW: Urgent smart meter deferral list (last to install list) FYI. This will be added to Communications. Beth Lidster Administration 130 Avram Avenue Rohnert Park, CA 94928 707588-2226 707 792 -1876 (fax] blidster @rpcity.or£ With the exception of being closed on authorized holidays, City Hall is closed to the public on Fridays and open to the public Monday through Thursday from 8:00 a.m. to 5:00 p.m. From: Hauff, Judy Sent: Thursday, May 13, 2010 4:35 PM To: Tim or Karen Hudson; Lidster, Beth Subject: RE: Urgent smart meter deferral list (last to install list) Dear Karen, This email confirms my response to your phone call this afternoon, that your email message below will be referred to Beth Lidster in the City Manager's Office to be listed on Council Communications for review and consideration of your request. Judy Hauff, City Clerk, CMC I City of Rohnert Park 1 130 Avram Avenue I Rohnert Park, CA 94928 1 Phone: 707 -588 -2216 1 Fax: 707 - 792 -18761 email: ihaulf@rpcity.org I www.rpcity.org — City Hall is open to the public Monday through Thursday, 8:00 a.m. - 5:00 p.m. and Closed on Fridays — From: Tim or Karen Hudson [ mailto :tkjehudson @sbcglobal.net] Sent: Thursday, May 13, 2010 3:40 PM To: Stafford, Pam; Hauff, Judy Subject: Urgent smart meter deferral list (last to install list) Dear Mayor Stafford, RP City Council, and Judy Hauff, There is a list of last to install requests being collected by PG &E for smart meters. Craig Kennedy is receiving and documenting these calls. He can be reached at 577 -7097. I am requesting that you contact him immediately to put all of Rohnert Park on the last to install deferral list. PG &E is already doing some work on East Cotati across from the SSU. Please stop them, at least temporarily (6mo- year), by making this call on behalf of all of your consituents. Thank -you. Respectfully, Karen Hudson Lidster, Beth From: Hauff, Judy Sent: Monday, May 17, 2010 9:52 AM To: Lidster, Beth Cc: Stafford, Pam; 0 Dept. Managers; Griffin, Terri Subject: FW: emf Attachments: Wireless Technologies Cause Harm to Children and Adults.doc Beth, For your handling to list on next Council Communications, as requested. Judy Judy Hauff, City Clerk, CMC I City of Rohnert Park I 130 Avram Avenue I Rohnert Park, CA 94928 1 Phone: 707 -588 -2216 1 Fax: 707 -792 -18761 email: ihauff(a)rpcity.org I www.rocity.org City Hall is open to the public Monday through Thursday, 8:00 a.m. - 5:00 p.m. and Closed on Fridays From: Tim or Karen Hudson [ mailto :tkjehudson @sbcglobal.net] Sent: Monday, May 17, 2010 9:32 AM To: Stafford, Pam Cc: Hauff, Judy Subject: emf Dear Mayor Stafford and City Council, I received this information from a friend who is a nurse and thought I should forward it to you. Please distribute it before. the next council meeting. I don't think you have received this information. Thank -you, Karen Hudson Wireless Technologies Cause Harm to Children and Adults, Legislators and Journalists Are Told 30.06.2009 by Camilla Category Electromagnetic Health Blog Download PDF Washington, D.C., June 30, 2009; Today The National Institute for Science, Law, and Public Policy ( "NISLAPP ") mailed a report on the health hazards of wireless technologies to Governors, Members of Congress, President Obama and his Administration, as well as to thousands of health and environmental journalists. Legislators and journalists are being urged to learn about the health consequences of microwave radiation exposure from cell phones, neighborhood antennas, wireless networks, wireless routers, DECT portable phones, and the potential health consequences of further chronic exposures from wireless broadband and new wireless utility technologies. The National Institute for Science, Law and Public Policy is encouraging all to become engaged with this important public health issue impacting adults and children, as well as animals and nature. Co- authored by Dr. Magda Havas, Assoc. Professor of Environmental and Resource Studies at Trent University in Canada, and Camilla Rees, Founder of www.ElectromagneticHealth.org, "Public Health SOS: The Shadow Side of the Wireless Revolution" reviews the independent science on the health hazards of wireless radiation and offers recommendations to the public on how to live more safely in a wireless world. It answers 110 questions posed by the audience at the Commonwealth Club of California, the nation's oldest and largest public affairs forum, at an event co- organized by Wide Angle Health, LLC, Citizens for Health and the American Academy of Environmental Medicine. . Globally, public health officials and health advocacy groups are increasingly concerned about symptoms people are associating with rising levels of indoor and outdoor microwave radiation, known as 'electrosmog', including sometimes debilitating symptoms experienced near cell phone towers (http: / /sn.im /kt6pe). In addition, they are troubled by the impact this radiation may be having on children, who are more vulnerable. Schools increasingly use wireless networks to access the internet, instead of hard -wired connections, and many schools are being paid to place cell phone towers and antennas on school property. Several countries, but not the United States, recommend limited cell phone access for children, including Germany, Russia, India, Belgium, and Finland. Last month France banned cell phones in primary schools (http: / /sn.im /ktfa2). There is concern, as well, about involuntary, chronic radiation exposure in workplaces, and also that home equity values can drop precipitously if a cell phone tower is erected nearby. Symptoms people experience in the presence of microwave radiation from wireless technologies, which get progressively worse during or following exposure, include: irritability insomnia fatigue chronic pain dif f iculty concentrating poor short -term memory depression anxiety cardiovascular irregularities nausea skin disorders eye and ear disorders State and local governments and advocacy groups in the U.S are disturbed to be learning of the vast body of independent science showing biological effects from electromagnetic fields, well below federal exposure guidelines, and of the connection between these fields and many chronic illnesses, as documented in The Biolnitiative Report in 2007 (www.Biolnitiative.org). Because of a provision in the Telecommunications Act of 1996, state and local governments have been prohibited from limiting cell towers and antennas on health or environmental grounds, despite symptoms residents may be experiencing. Over the past four months, governments have increasingly acknowledged electromagnetic field - related health concerns and taken stands to protect health: • Three V.S. Governors declared May 2009 "Electromagnetic Hypersensitivity Awareness Month" (http: / /sn.im /ksv3o). • Los Angeles Unif led School bistrict called for the return of state and local governments rights to limit antennas (http: / /sn.im/ j05ag). • The European Parliament's Committee on the Environment, Public Health and Food Safety voted overwhelmingly to recommend precautions be taken to protect human health with regard to mobile phones, Wi -Fi /Wi -Max, Bluetooth, DECT portable phones and cell towers. (http: / /sn.im /ksrev) • The City Council of Portland, OR asked its Congressional delegation to recommend the FCC "work in cooperation with the FDA and other relevant federal agencies to revisit and update studies on potential health concerns arising f rom RF wireless emissions in light of the national proliferation of wireless use ". (http : / /sn.im /ip116) • L.A. County Board of Supervisors voted unanimously to seek and support federal legislation that would repeal Section 704 of the Federal Telecommunication Act of 1996, the provision which has prevented state and local governments from influencing siting of telecommunications towers and antennas on health or environmental grounds (http :/ /sn.im /ksx2i) • Queens, NY City Council Member Peter Vallone, Jr. introduced a bill requiring phone companies to give advance warning of their intent to install new antennas before the permit is issued, the Buildings Department commissioner to establish rules for how and where antennas can be erected and cell phone companies to demonstrate efforts to locate antennas in non - residential areas. (http: / /sn. i m /kw94a) • The U.S. Fish & Wildlife Service issued a "Briefing Paper on the Need for Research into the Cumulative Impacts of Communications Towers on Migratory Birds and Other Wildlife in the United States" (including crop pollinators, such as bees). (http : / /sn.im /kw96a) REAM " M R_ OMAN- 0: s 5 V ®gig An EMF Petition to Congress, signed by Americans in 47 states and citizens in 25 countries (http: / /sn.im /j4c8a), calls for Congress to: 1) mandate the Federal Communications Commission revisit its exposure guidelines for radiofrequency radiation (RF), in light of the independent science showing current standards are not protective; 2) repeal Sec. 704 of the Telecommunications Act of 1996, which prevents state and local governments from limiting antennas on health or environmental grounds; 3) declare a national moratorium on further wireless infrastructure build -out, including the coming Vi -Max ", the wireless components of the National Broadband Plan being supported by the Obama Administration and new wireless utility technologies; and 4) to establish cell phone and wireless -free zones in neighborhoods, government buildings, schools, public spaces and places of employment. The National Institute for Science, Law & Public Policy is distributing "Public Health SOS: The Shadow Side of the Wireless Revolution" to Congress, Governors, the Obama Administration and the media with endorsement from Citizens for Health, the International Commission on Electromagnetic Safety (ICEMS), The EMR Network, ElectromagneticHealth.org and the EM- Radiation Research Trust (U.K.), along with a supporting letter from the American Academy of Environmental Medicine. Jennifer Armstrong, MD, President of the American Academy of Environmental Medicine, states, "The concerns raised in `Public Health SOS .• The Shadow Side of the Wireless Revolution -regarding adverse health effects associated with exposures to electromagnetic radiation (EMR) from cell phone towers, cell phones, and other wireless technology are understandable given the strength, consistency, and dose response of the associations reported in the scientific literature.,, NISLAPP Chairman, James Turner, Esq., who also is Chairman of Citizens for Health, states, "We believe it is essential that President Obama and his administration, legislators, other government officials, health care pro viders and journalists become educated on the hazards of electromagnetic fields so that a dialogue can begin about how to safely meet our nation's communications objectives without jeopardizing the health of this generation and those to come. Congress must take steps now to educate the public on how to protect health, halt nationwide wireless broadband until legislators are better educated on the potential short and long -term health effects, and encourage innovative solutions to this difficult set of circumstances, where technologies have been introduced without adequate pre-market health testing or post - market surveillance." The National Institute for Science, Law and Public Policy (NISLAPP) was founded in 1978 to bridge the gap between scientific uncertainties and the need for laws protecting public health and safety. Its overriding objective is to bring practitioners of science and law together to develop intelligent policy that best serves all interested parties in a given controversy. NISLAPP's focus is on the points at which these two disciplines converge. Red blood cells lump by mobile phone http: / /www.news- medica1.net / ?id =8629 Two students of the Gymnasium high school in Spaichingen (Germany) have investigated the influence of using a mobile phone on the red blood cells. With a microscope they made 255 pictures of the blood of 51 testees. The students, Maria Ritter and Wasgan Wolski, received a regional award for young researchers, reports the Schwabische Zeitung of March 7, 2005. The testees were not allowed to use their mobile phones for 24 hours. Afterwards the researchers took blood from a finger tip and earlobe. Then the testees had to use a phone for 20 seconds. Immediately after that the researchers took blood again and ten minutes later again. The result: after using the mobile phone it was clearly visible that the red blood cells lumped together in 'rolls of coins'. Also ten minutes afterwards the 'rolls of coins' still were clearly visible. The lumping raises the risk of thrombosis. Moreover the cells take up and transport less oxygen, report Ritter and Wolski. The research was directed by their teacher Dr. Markus Ziegler. Full source of this article in German: http: / /www.szon.de /lokales/ spaichingen /stadt /200503070146.htmi Something this report highlights is that it is perfectly possible to show the biological effects of phones /masts without waiting the 15 years or so for epidemiological studies. It is just that the Government do not want to know the answer that quickly! We should be pushing for actual testing in the known "worst" spots. Sylvia The micro blood clots are due to the increase of thromboxane in blood, during exposure to cellphone radiation as reported by Omura et al (.1993). http: / /www.scribd.com/ slurp? url.= http %3A / /www.buergerwelle.de /p df /your health_ with_ computer_ and _ceilphone.pdf &publisher_id =pu b- 89043740317921624755 &public= true &view_mode= fuliscreen Dr. Zamir Shalita This about red blood cells was reported as the "string of pearls effect" in a German study some time ago. This is where / how I came across it: Much as the asbestos and tobacco industries have done, the telecommunications industry has suppressed damaging evidence about its technology since at least 1927, when colloid chemist Ernst Muth first discovered that red blood cells exposed to radio frequency waves (at levels far less powerful than permitted today by the FCC) are forced to line up in chains resembling strings of pearls. From Firstenberg: http:// www. earthisland. org/ eijournal /new_articles.cfm ?articleID =20 2 &journalID =47 I wonder if it has any relationship to Hughes syndrome (sticky blood), which I have come across several times in relation to masts. There are a number of effects noted on various constituents of blood, so it should be possible to devise blood tests for mast as well as phone effects from more than one indicator. Andy Our lab could easily perform this test to peer review publication standards. We are examining erythrocytes routinely every week. It would cost £500 to do this. Roger Coghill MA (Cantab) C Biol MI Biol MA (Environ Mgt) Coghill Research Laboratories From Mast Sanity /Mast Network CONGRATULATIONS to all of the students!!!! This is an important link toward confirming the same health problems occur whether caused by cell phones, powerlines or appliances. After powerlines were forced upon us by restraining order, I soon developed high blood pressure, elevated blood sugar and frequent adrenalin surges. I also was hospitalized 6 -7 times due to thrombophlebitis in both legs. The doctors had numerous problems trying to adjust my prothrombin levels (clotting time) and after contacting a hematologist at the University of Minnesota, my doctor told me "you are a first in medical history" (my blood kept getting thinner and thinner in spite of adjustments -- "very sensitive to all medications "). Due to my inability to tolerate blood thinning medications as well as my inability to sit for extended periods of time day -after -day, my Internist told me to file for disability. Around this same time or soon thereafter, I also had been diagnosed with Lupus Profundus (a rare skin condition -- red scalding- appearance on the palms of both hands and soles of both feet). "Fibromyalgia" was also suggested to explain the "exquistive pain" I endured whenever my chest wall or parts of my legs were bumped or touched. The health problems described above were not confirmed by "objective testing" and since evidence to prove my disability was "only subjective, I was denied disability and had to hire an attorney for an appeal. Social Security Disability Benefits were then awarded based on ".........my credibility in spite of the inability of medical science to diagnose the severe symptomatology." It was not until many years later that I learned of one or more studies linking EMF /EMR to blood- clotting problems. I did not make "a connection" to EMF /EMR until my two grandsons were diagnosed with "rare immune" and we were told they may develop Leukemia or other cancers. No genetic link was found .... the boys were moved away from walls opposite electric meters..... they "got well....!!!" As with my own guinea pig studies regarding white blood cell changes (dramatic) after chronic, prolonged exposure to low levels of EMF /EMR (electric meter), these students have again demonstrated that "ordinary citizens" can do studies that "replicate" some of the "inconclusive studies" that many scientists don't dare to do because of fears of losing jobs /funding, etc.!!!! Take care - Joanne C. Mueller Guinea Pigs R Us 731 - 123rd Avenue N.W. Minneapolis, Minnesota 55448 -2127 USA Phone: 763-755-6114 Email: jcmpelican @aol.com Cellphones may boost forces on biological tissue http://omega.twoday.net/stories/23361I/ Bo E. Sernelius: Possible induced enhancement of dispersion forces by cellular phones. Phys. Chem. Chem. Phys., 2004, 6 (7), 1363 - 1368 Abstract: We derive the dispersion forces between objects in the presence of a non - thermal radiation field. We apply the formalism to a model system representing two human blood cells in blood. By focusing the same radiation density, as in room - temperature thermal radiation, in the microwave region we find a huge enhancement of the attractive force. Related effects are predicted to occur also in other types of biological tissue. The quantitative results should not be taken at face value, since the model is crude. The effects are so large though, that further investigation is motivated. The origin of the effects lies in the variation of water and /or ion content. In the microwave region of the spectrum both the dipolar contributions from the water - molecules, and the mobile -ion contributions are important parts of the dielectric function, and cause the enhancement. http: // members .aon.at /gigaherz /aktue118.htm Cell Phones May Harm Blood Cells http://omega.twoday.net/stories/592426/ Red blood cells lump by mobile phones http://omega.twoday.net/stories/5198782/ Permanent mutations in fruit flies by cell phone radiation http://omega.twoday.net/stories/688725/ Funf Schuler leisten wichtige Basisforschung http: / /omega.twoday.net /stories /568914/ Starmail - 21. Mrz, 09:27 Children's Health Workshop r Childhood Leukemia: Electric and Magnetic Fields as Possible Risk Factors Joseph D. Brain,' Robert Kavet 2 David L. McCormick,3 Charles Poole,' Lewis B. Silverman,5 Thomas J. Smith,' Peter A. Valberg,s R. A. Van Etten, 7 and James C. Weaver$ 'Department of Environmental Health, Harvard School of Public Health, Boston, Massachusetts, USA; 2EMF Health Assessment, Electric Power Research Institute, Palo Alto, California, USA; 31-ife Sciences, IIT Research Institute, Chicago, Illinois, USA; 4Department of Epidemiology, University of North Carolina, Chapel Hill, North Carolina, USA; 'Pediatric Hematology - Oncology, Children's Hospital, Dana Farber Cancer Institute, Boston, Massachusetts, USA; 6Health Risk Assessment, Gradient Corp, Cambridge, Massachusetts, USA; 'Department of Genetics, Center for Blood Research, Boston, Massachusetts, USA; BHarvard —MIT Division of Health Sciences and Technology, Massachusetts Institute of Technology, Cambridge, Massachusetts, USA Numerous epidemiologic studies have reported associations between measures of pow< or magnetic fields (EMFs) and childhood leukemia. The basis for such associations r plained' In children, acute lymphoblastic leukemia represents approximately three- U.S. leukemia types. Some risk factors for childhood leukemia have been established, a suspected. Pathogenesis, as investigated in animal models, is consistent with the multii acute leukemia development. Studies of carcinogenicity in animals, however, are ovi negative and do not support the hypothesis that EMF exposure is a significant ri hematopoietic neoplasia. We may fail to observe effects from EMFs because, from a me spective, the effects of EMFs on biology are very weak. Cells and organs fitnctionJi sources of chemical "noise (e.g., stochastic, temperature, concentration, mechanical,' noise); which exceed the induced EMF "signal" by a large factor. However, the inabi EMF effects in bioassay systems may be caused by the choice made for "EMF exposul currents" or "contact voltages' have been proposed as a novel exposure metric, because rude is related to measured power -line magnetic fields. A contact current occurs w; touches two conductive surfaces at different voltages. Modeled analyses support contact plausible metric because of correlations with residential magnetic fields and opportur sure. The possible role of contact currents as an explanatory variable in the reported between EMFs and childhood leukemia will need to be clarified by. further`measuremei cal analyses, bioassay studies, and epidemiology. Key words.- childhood leukemia, cone contact voltages, electric and magnetic fields, EMF, review. Environ Health Perspect (2003). '.doi:10.1289/ehp.6020 available via ht p.,11dx.doi.org / [Online 25 February 2003 Whether health risks result from exposure to power -line electric or magnetic fields (EMFs) remains unclear. Epidemiologic studies have repeatedly shown small associations between measures of residential power -line magnetic fields and childhood leukemia. The possibil- ity that these associations are caused by bias or confounders, however, cannot be ruled out (Savitz 2003). In addition, extensive investigations in animals at much higher lev- els of EMFs have not demonstrated adverse effects (Boorman et al. 2000). Recently, the International Agency for Research on Cancer (IARC 2002) designated EMFs as a class 2B carcinogen ( "possibly carcinogenic "), based on "consistent statistical associations of high - level residential magnetic fields with a dOU- bling of the risk of childhood leukemia." The California Department of Health Services (CADHS 2002) recently issued a report con- cluding that "EMFs can cause some degree of increased risk of childhood leukemia, adult brain cancer, Lou Gehrig's disease, and mis- carriage." Hence, the question of whether electric -power use has a possible role in child- hood leukemia risk remains in the forefront of concern. To assess past research and suggest future directions in the area of childhood leukemia and u� —fiu EMFs, the Electric Power Research Institute and the Harvard School of Public Health spon- sored a workshop titled "Childhood Leukemia: Added Risk from the Use of Electricity ?" on 8 November 2001, in Lexington, Mas- sachusetts. This workshop brought together a number of experts. The epidemiologic associations reported between EMFs and childhood leukemia remain unexplained. Integrating all the lines of evidence presents a challenge to accurately evaluating potential health effects from EMFs. Epidemiologic results, when available, often predominate over rodent bioassay and other laboratory data in hazard identification and risk assessment. However, the epidemiology studies of EMFs and childhood leukemia, all of case — control design, pose several issues, and the link between EMFs and leukemia has not been supported by laboratory data. In many of the epidemiology studies, the small proportion of the study population classified as receiving high exposure levels limits the precision of the effect estimate. In addition, confounding and differential selection and participation of con- trols by attributes associated with exposure can lead to biased effect estimates (Ahlbom et al. 2000; Hatch et al. 2000). Finally, the relevant exposure metric is not known; thus, it has not Childhood Leukemia and EMFs A major focus of EMF research during the past 20 years has been to determine whether, and how, EMFs might increase the risk of cancer, particularly childhood leukemia. The rationale for investigating EMFs stems from the original observation that childhood leukemia correlated with the proximity of overhead utility lines (Wertheimer and Leeper 1979). Early research focused on quantifying EMF exposure by elec- trical wiring configurations ( "wire codes ") and determining whether wire codes were accurate surrogates for magnetic -field exposure. More recently, however, magnetic -field exposure itself ( "spot" and 24 -hr average) has become the focus of investigation (Ahlbom et al. 2001; Greenland et al. 2000). If typical residential magnetic fields are used as the exposure metric, then adverse EMF effects are not expected to occur. In a review of the EMF literature, the National Institute of Environmental Health Sciences (NIEHS 1999) identified I mV /m as a tissue electric field that could plausibly be associated Address correspondence to P.A. Valberg, Gradient Corp., 238 Main St., Cambridge, MA 02142 USA. Telephone: (617) 395 -5000. Fax: (617) 395 -5001. E -mail: pvalberg@gradientcorp.com The workshop was made possible through support from EPRI contract W02964 and the Harvard School of Public Health. The audiors declare they have no conflict of interest. Received 25 September 2002; accepted 25 February 2003. 962 VOLUME 1111 NUMBER 7 1 June 2003 • Environmental Health Perspectives been possible for epidemiologists to quantify -line electric EMF exposure appropriately in the study pop - nams unex - ulations. Experimental approaches also have avers of all limitations, such as a) requiring high -dose to d others are low -dose extrapolation, b) requiring inter - ep model of species extrapolation, c) using "pure" EMF sig- whelmingly nals of specific frequency and field strength k factor for that may not mimic real human exposures, ranistic per- and a) being subject to practical and logistic spite many bounds on study size (statistical power). ad electrical' Epidemiologists have been hampered because ty to detect" experimental studies of EMFs have not identi- " "Contact fied biologic mechanism(s) that could serve as heir magni -, the basis for designing new studies. The goal of m a person the workshop described here was to review the orients as a science and consider new directions for EMF ty for expo - research in the areas of epidemiology, exposure associations metrics, animal studies, and biophysics. u� —fiu EMFs, the Electric Power Research Institute and the Harvard School of Public Health spon- sored a workshop titled "Childhood Leukemia: Added Risk from the Use of Electricity ?" on 8 November 2001, in Lexington, Mas- sachusetts. This workshop brought together a number of experts. The epidemiologic associations reported between EMFs and childhood leukemia remain unexplained. Integrating all the lines of evidence presents a challenge to accurately evaluating potential health effects from EMFs. Epidemiologic results, when available, often predominate over rodent bioassay and other laboratory data in hazard identification and risk assessment. However, the epidemiology studies of EMFs and childhood leukemia, all of case — control design, pose several issues, and the link between EMFs and leukemia has not been supported by laboratory data. In many of the epidemiology studies, the small proportion of the study population classified as receiving high exposure levels limits the precision of the effect estimate. In addition, confounding and differential selection and participation of con- trols by attributes associated with exposure can lead to biased effect estimates (Ahlbom et al. 2000; Hatch et al. 2000). Finally, the relevant exposure metric is not known; thus, it has not Childhood Leukemia and EMFs A major focus of EMF research during the past 20 years has been to determine whether, and how, EMFs might increase the risk of cancer, particularly childhood leukemia. The rationale for investigating EMFs stems from the original observation that childhood leukemia correlated with the proximity of overhead utility lines (Wertheimer and Leeper 1979). Early research focused on quantifying EMF exposure by elec- trical wiring configurations ( "wire codes ") and determining whether wire codes were accurate surrogates for magnetic -field exposure. More recently, however, magnetic -field exposure itself ( "spot" and 24 -hr average) has become the focus of investigation (Ahlbom et al. 2001; Greenland et al. 2000). If typical residential magnetic fields are used as the exposure metric, then adverse EMF effects are not expected to occur. In a review of the EMF literature, the National Institute of Environmental Health Sciences (NIEHS 1999) identified I mV /m as a tissue electric field that could plausibly be associated Address correspondence to P.A. Valberg, Gradient Corp., 238 Main St., Cambridge, MA 02142 USA. Telephone: (617) 395 -5000. Fax: (617) 395 -5001. E -mail: pvalberg@gradientcorp.com The workshop was made possible through support from EPRI contract W02964 and the Harvard School of Public Health. The audiors declare they have no conflict of interest. Received 25 September 2002; accepted 25 February 2003. 962 VOLUME 1111 NUMBER 7 1 June 2003 • Environmental Health Perspectives with a biologic effect. At 5 pT (equivalent to 50 mG), which is roughly five times higher than the highest average field recorded in the "1,000 -home study" (Zaffanella 1993), the induced- electric -field level in human tissues, including bone marrow, remains below this 1 mV /m "benchmark" dose (Kavet et al. 2001). Nonetheless, when Greenland et al. (2000) pooled the epidemiology studies of childhood leukemia, they found evidence of increased risk at the upper -end magnetic field levels to which a small proportion of U.S. residents are exposed. The authors estimated a relative risk (RR) of 1.7 [95% confidence interval (CI), 1.2 -2.31 for exposures above 0.3 pT (3 mG), and a population attributable fraction of 3% (95% Cl, —2% to > 8 %) for exposures above 0.05 frT. Another pooled analysis by Ahlbom et al. (2000) produced similar results for a 0.4 -pT cut point. The data from the 1,000 - home study (Zaffanella 1993) show that 4.7% of residences in the United States have average spot measurements (point -in -time measure- ments averaged across available rooms) z 0.3 pT, and 2.6% have fields a 0.4 pT. Interpretation of the associations between childhood leukemia and EMFs rests on under- standing several lines of evidence: a) clinical data on etiology and pathogenesis of childhood leukemia; b) results from EMF- exposed labora- tory animals; c) survey data on EMF levels pre- sent in households and whether the intensity is sufficient to induce biologic effects; and a) con- sideration of alternative EMF exposure metrics. Biology of Childhood Leukemia Leukemia is a cancer of blood progenitor cells that arises in the bone marrow, where stem cells normally differentiate into lymphoid and myeloid progenitor cells. Lymphoid progenitor cells form mature B cells or T cells. Myeloid progenitor cells yield neutrophils, monocytes, or eosinophils. Marrow precursor cells also produce Children's Health Leukemia and electric and magnetic fields red blood cells and platelets. Leukemia can be classified according to the presumed cell of ori- gin (myeloid or lymphoid) as well as its clinical course (chronic or acute). Chronic lymphocytic leukemia and chronic myelogenous leukemia, which likely originate in primitive stem cells, are characterized by protracted, subacute disease. Acute lymphoblastic leukemia (ALL) and acute myelogenous leukemia (AML) refer to cancer of lymphoid or myeloid progenitor cells, with rapid onset and deterioration without aggressive therapy. Most childhood leukemia is either ALL or AML. Leukemia can be further subclassified according to morphology, genetic alterations, cell surface markers, and other characteristics (Table 1). Childhood leukemogenesis is likely a multi- step process. For ALL, specific oncogene-associ- ated translocations and other abnormalities have been identified in 45% of cases, and ran- dom translocations in an additional 25 %; but in 30% of the children with ALL, specific genetic alterations have not been identified (Look 1997). Factors predisposing to the devel- opment of leukemia in children include under- lying genetic disorders, family history, ionizing radiation, chemotherapeutic agents, and possi- bly infection or environmental chemicals. The underlying genetic disorders associated with an increased risk of developing childhood leu- kemia include Down syndrome (overall 15- fold increase in risk), defects in DNA repair (Bloom syndrome, Fanconi anemia), congen- ital marrow failure (Kostmann syndrome, Diamond- Blackfan anemia, and Schwachman- Diamond syndrome), neurofibromatosis type I, and Li- Fraumeni syndrome (Miller 1967; Robison and Neglia 1987). Family history is a risk factor for the development of childhood leukemia. In iden- tical twins, there is a 25% concordance rate, which is highest in infancy. However, if the diagnosis is made in one sibling after 7 years Table 1. Childhood leukemia types, subtypes, and features of age, leukemia risk does not appear to be increased in the other sibling (Miller 1967). Few environmental or exogenous agents are known to cause the development of child- hood leukemia. Postnatal ionizing radiation is a contributing factor. Survivors living within 1,000 meters of the atomic bomb blast in Japan showed a 20 -fold increase in leukemia rates; however, children exposed to these bombs in utero did not exhibit an increased risk of leukemia (Miller 1967). Pediatric patients given therapeutic irradiation exhibit higher leukemia rates. Similarly, after certain kinds of chemotherapy, there is an increased risk of developing AML (Pui et al. 1989; Tucker et al. 1987). In contrast to these few ]mown agents, the number of suspected risk factors is much greater. Sources of radiation from prenatal exposure, nearby nuclear plants, or natural background have all been considered as risk factors, as well as radon from groundwater or indoor sources. Investigation into causal factors has included chemical exposures from maternal or child medications, pesticides, parental smoking, or parental occupation. Factors asso- ciated with pregnancy and early development, such as maternal pregnancy history, maternal age, birth weight, birth order, and breast -feed- ing, have also been considered as potential risk factors. A role for infections in childhood leukemogenesis has been proposed from two perspectives. Greaves and colleagues (Greaves 1997; Greaves and Alexander 1993) suggest that unusual timing of postnatal infections could provoke recruitment and proliferation of undifferentiated B cells or T cells with preleukemic translocations. Kinlen (1995, 1997) has proposed that common infections can occasionally trigger a leukemic response, and that an increased leukemia risk is evident when comparing leukemia rates of populations with unusually large influxes of new residents, Type ( %) Subtype ( %) Morphology Common genetic abnormalities I %) Characteristics ALL (74) B progenitor (80 -85) L1, L2 t(12,21)120) Precursor B -cell markers on cell surface, t(8;21) t(9;22) (4) no surface immunoglobulin, M3 I Ig23 translocations (6) ploidy abnormal in 35% of cells Myelomonocytic (20) t(1;19) (5) 11 q23 /MILL T cell (10 -15) 7g35/TCRI1 (3) T -cell markers on cell surface, Inversion 16 14g11/TCRog (4) higher median age of patients, M5 9p deletions higher white blood cell count, Erythroleukemia (1) M6 bulky disease, male predominance Mature B cell (1 -2) L3 t(8,140(2;8), or t(8;22) (2) Surface immunoglobulin, same as t(1;22) Down syndrome, infants, myelofibrosis Burkitt's lymphoma AML (19) Undifferentiated (2) Mo Monosomy 5/7 Myeloblastic (45) Mt, M2 t(8;21) Promyelocytic 11 0) M3 1115,17) DIC (bleeding) Myelomonocytic (20) M4 11 q23 /MILL Infants, chloromas, secondary AML Myelomonocytic with eosinophiliaa M4Eo Inversion 16 Monocytic (17) M5 11 g23 translocations Infants, chloromas, secondary AML Erythroleukemia (1) M6 Exceedingly rare in children Megakaryocytic (5) M7 t(1;22) Down syndrome, infants, myelofibrosis DIC, disseminated intravascular coagulation 'Percent not available. Environmental Health Perspectives • VOLUME 1111 NUMBER 7 1 June 2003 963 Children's Health I Brain et al. potentially bringing in pathogens, to rates among stable populations. Epidemiology of Childhood Leukemia Although cancer in childhood (younger than 20 years) is rare, childhood leukemia is the most common form of childhood cancer and represents about one -third of the total child- hood cancers in the United States (Liner et al. 1999). For children 0 -20 years old, leukemia rates average around 2 -3 per 100,000 person - years, but the rate peaks at two or three times this level in 0- 4- year -olds. ALL constitutes about three - fourths of U.S. cases of childhood leukemia. Each year, about 2,400 new cases of childhood ALL are reported, with an inci- dence of approximately 3 per 100,000. Age - specific incidence rates are slightly higher in whites than in blacks at most ages, but between 3-4 years of age, white children show a dramatic peak in rates not seen in black chil- dren. Male:£emale ratios show slightly higher risk for males (1.2:1.0 for all ages), except between 15 and 19 years of age, when the male:female ratio is 2:1. AML constitutes about one -fifth of U.S. cases of childhood leukemia. In contrast to ALL, AML rates do not show a peak at younger ages, and marked gender differences are not apparent at any age. Childhood leukemia rates vary by geo- graphic locale and ethnicity. In general, ALL rates are the highest in the United States (whites only) and Europe, intermediate in India and China, and the lowest in North Africa and the Middle East. Great Britain reports similar rates and patterns as the United States (Draper 1991). Internationally, however, ALL leukemia rates exhibit a 4 -fold range, from about 2 cases per 100,00 person -years in Bangalore, India, to about 8 cases per 100,000 person -years in Costa Rica, in 0- 4- year -olds (Parkin et al. 1998). In Africa, T -cell and mature B -cell leukemias are more frequent than is the B -cell progenitor subtype, which may be due to the high incidence of Burkitt's lymphoma associ- ated with AIDS. For AML, the higher inci- dences are reported in Asia, with lower rates in North America and India. In the United States, childhood leukemia incidence rates differ by race within geographic areas, but they are similar for the same race among different geographic areas (NCI 2003). In general, leukemia rates are the highest for white children from higher social classes. For black children, the 0-4- year -old ALL case rates per 100,000 person -years are 2.4 (Greater Delaware Valley), 2.5 (Los Angeles), 2.8 [SEER (Surveillance, Epidemiology and End Results) areas], and 2.9 (New York State); for white children, the rates are 5.9 (Greater Delaware Valley), 6.9 (Los Angeles), 6.2 (SEER areas), and 6.2 (New York State) for the same age group. In the United States, the overall incidence for childhood leukemia has been declining over the past several decades (NCI 2003). Data from 1973 through 1994 show 10.5 - 13.3% decreases in leukemia incidence, depending on age group. Advances in treatment have led to even more dramatic declines in leukemia mor- tality, with corresponding increases in 5 -year survival rates. Some have suggested that investigations of childhood leukemia "clusters" might provide clues to the association between childhood leukemia and environmental agents, such as EMFs. Apparent clustering may arise for etio- logic, statistical, or sociologic reasons. One U.S. childhood leukemia cluster was reported in Woburn, Massachusetts. Local residents from the east side of Woburn *identified a transient, approximate doubling, of the child- hood leukemia incidence rate. This area had been highly industrialized since the 1700s, and polluted well water was detected in the 1970s. In an extensive follow -up analysis, the Massachusetts Department of Public Health (1997) confirmed 19 cases of childhood leukemia but found little or no association with children drinking the polluted water (RR = 1.2; 95% Cl, 0.3 -5.0). An exceedingly imprecise result was reported for pregnant mothers drinking the polluted water, with a 95% Cl covering a 100 -fold range (RR = 8.3; 95% Cl, 0.7- 94.7). The extreme imprecision is attributed to the small sample size, which is a problem in most cluster investigations. For comparison, in EMF studies (Greenland et al. 2000) even the smallest leukemia case group was twice as large as the case group in the Woburn study. Although clusters are often the focus of media attention, the examination Of cluster studies has not been particularly informative in elucidating additional factors in the development of childhood leukemia or other diseases (Gawande 1999). Pathogenesis of Acute Leukemia The multistage process in the development of acute leukemias includes an initial event, a survival or proliferation advantage that causes clonal expansion, additional genetic or epi- genetic events that promote escape from programmed cell death or block cell differen- tiation, and finally, functional bone marrow failure with clinical disease. As discussed above, some of the initiating events are chro- mosomal translocations: For example, treat- ment of patients having solid tumors with inhibitors of topoisomerase II, such as etopo- side, can induce translocations involving the M11 gene on chromosome 11g23, leading to AML or ALL. In cases where genetic alterations con- stitute a critical component of the disease process, use of transgenic mice can provide valuable information on pathogenesis. The mutations induced by chromosomal transloca- tions in human leukemias can be introduced into laboratory mice, and leukemogeniciry can be assessed in distinct target cells. In one model, altered DNA is introduced in vitro to a fertilized mouse egg. The genetically altered egg is implanted into a foster mother. One of her progeny will then carry the altered genes and can be bred to generate additional mice for experimental studies. A major disadvantage of this system is that the transgene is present in all tissues, not just the bone marrow. Alternatively, bone marrow can be harvested from donor mice, altered genetic material introduced in vitro, and the transduced bone marrow . transplanted into irradiated syngeneic (genetically identical) recipient mice. However, this model system is labor intensive, and exper- imental variability does occur. Using these model systems, several aspects of acute leukemia pathogenesis have been elucidated: • Trans] ocation- induced leukemia oncogenes often confer disease specificity (see Table 1). • Leukemia - specific oncogenes are insufficient as single agents to induce an acute leukemia phenotype in mice (Higuchi et al. 2002). • In contrast to acute leukemias, chronic myel- ogenous leukemia is likely the consequence of a single genetic event (Philadelphia chro- mosome translocation) (Li et al. 1999). • Cellular context determines the response of the hematopoietic system to leukemia onco- genes (Li et al. 1999). • Continued expression of some leukemia translocation oncogenes is required for maintenance of the leukemia phenotype (Huettner et al. 2000). • Disruption of the ARF /p53 tumor suppres- sor pathway is a major step in the progres- sion of acute leukemia (Eischen et al. 1999; Unnikrishnan et al. 1999). Further studies of EMF effects on hemato- poietic cell lines should be based on B -lym- phoid development and could be useful for identifying pathways that might be comple- mented in a mouse model. Mouse models, however, may be insensitive to weak EMF effects. For example, in p53 knockout mice, inactivation of both alleles for p53 greatly increases the percentage of lymphomas and decreases the survival time of affected animals, but residential EMF exposure may not be strong enough to inactivate the second allele Qacks et al. 1994). Animal Carcinogenicity Studies with EMFs Epidemiologic studies are often inconclusive and may report associations in the absence of a causative link. In such situations, well - designed and controlled studies using experimental model systems can provide critical data for 964 VOLUME 1111 NUMBER 7 1 June 2003 • Environmental Health Perspectives human hazard assessments. Three approaches have been used to evaluate the cancer risk from exposure to 60 -Hz magnetic fields: a) chronic oncogenicity bioassays, h) oncogenicity bioas- says in genetically engineered (transgenic or knockout) mice, and c) multistage (co- carcino- genesis or tumor promotion) studies. Chronic oncogenicity evaluations. The advantages of chronic oncogenicity bioassays include their use of standardized models and study designs that are widely accepted by regu- latory agencies. Two -year oncogenicity studies in rodents are supported by a large historical database assembled for numerous chemical and physical agents. These assessments have demonstrated value for predicting human responses. Disadvantages of the animal studies include the need for interspecies extrapolations of organ - specific effects and the common requirement to extrapolate data from high - dose experimental exposures to low -dose human exposures. Three large - scale, long -term studies of EMF exposure have been conducted in rats (Boorman et al. 1999; Mandeville et al. 1997; Yasui et al. 1997) and two in mice (Babbitt et al. 2000; McCormick et al. 1999). Descriptions and Children's Health Leukemia and electric and ma netic fields findings from these investigations are summa- rized in Table 2. Using identical study designs and exposure protocols, McCormick, Boorman, and co- workers examined the tumorigenic effect of EMFs in rats and in mice. The authors evalu- ated hematopoietic neoplasias and other puta- tive target tissues (breast, brain) for solid tumors. Male rats exposed intermittently to 1,000 pT (10 G) exhibited a statistically sig- nificant decrease in leukemia incidence; no significant effects occurred in female rats or in other groups of males. In female mice exposed intermittently to 1,000 J, a statistically sig- nificant decrease in malignant lymphoma was observed; no effects occurred in male mice or in other groups of females. For both rats and mice, the authors reported no significant dif- ferences in the incidence of breast or brain tumors in any group. Using different exposure protocols, Yasui et al. (1997) reported no dif- ferences in leukemia or lymphoma incidences in rats exposed to either 500 pT or 5,000 pT (5 or 50 G). Likewise, Mandeville et al. (1997) reported no effects on the incidence of leu- kemia in female rats exposed to 2, 20, 200, or 2,000 pT (0.02, 0.2, 2, or 20 G). Finally, Babbitt et al. (2000) saw no differences in Table 2.Oncogenicity studies in animals exposed to EMF over a lifetime total hematopoietic neoplasms or lymphomas in female mice exposed to 1,400 pT (14 G) (circularly polarized) EMFs. Evaluations in genetically altered mice. The advantages of using transgenic mice are that weak effects can be magnified and effects occurring only in sensitive subpopulations can be detected. Relevant mechanisms of action may also be identified in sensitive animal mod- els. However, if the historical database is small or nonexistent, there is limited context with which to interpret the data. Also, for many of these sensitive- animal models, their ability to predict human responses is unknown. Two models have been developed in trans- genic mice and applied to the investigation of EMF effects. In the first model, Berns et al. (1994) developed a transgenic mouse.carrying the pim -1 oncogene. After a single dose of N- ethyl -N- nitrosourea, lymphoma develops within 4-6 months; neoplastic cells show T -cell markers. If no carcinogen is given, spontaneous T -cell and B -cell lymphomas develop within 15 -18 months. Animals die shortly after lym- phoma is apparent, and therefore, survival is a useful indicator of disease progress. This model has been used in two studies investigating the Species Group size Exposure Percent incidence of hematopoietic neoplasia Reference Rats (F344) 100 /both sexes/ Leukemia: male Leukemia: female Boorman et al. (1999) ' exposure group Sham control 50 20 10 G (continuous) 50 25 10 G (intermittent, i hr on /off) 36* 22 2 G (continuous) 47 24 0.02 G (continuous) 44 18 60 Hz, 18.5 hr /day Rats (F344) 48 /both sexes/ Leukemia: male Leukemia: female Yasm et al. 0997) exposure group Sham control 10 16 50 G 8 14 5 G 8 12 Lymphoma male Lymphoma: female Sham control 0 0 50 G 0 2 5G 0 2 50 Hz, 22.6 hr /day Rats (F344) 50 female/ Leukemia Mandeville et al. (1997) exposure group Sham control 10 20 G 10 2G 6 0.2 G 18 0.02 G 8 60 Hz, 20 hr /day Mice 100 /both sexes / Lymphoma: male Lymphoma: female McCormick et al. (1999) (B6C3F1) exposure group Sham control 8 32 10 G (continuous) 7 26 . 10 G (intermittent) 6 20* 2 G (continuous) 4 22 0.02 G (continuous) 7 31 60 Hz, 18.5 hr /day Mice 190 or 380 female/ Total hematopoietic neoplasms Babbitt et al. (2000) (C57BL/6) exposure group Sham control 56 14 G (circularly polarized) 59 Lymphoma Sham control 35 14 G (circularly polarized) 37 60 Hz, 18 hrs /day .p< 0.05 versus sham control Environmental Health Perspectives • VOLUME 1111 NUMBER 7 1 June 2003 965 Children's Health I Brain et al. effects of EMF exposure (Harris et al. 1998; McCormick et al. 1998). Survival and lym- phoma incidence were unaffected in several dif- ferent EMF exposure formats (Table 3). In the second model (Donehower 1996), one (hem - izygous) or both copies of the p53 gene are deleted from the germ line. McCormick et al. (1998) evaluated lymphoma incidence in TSG- p53 mice exposed to 1,000 pT (10 G) continu- ous EMFs (Table 3). EMF exposure had no effect on survival and lymphoma incidence. Multistage (promotion) studies. Multistage study designs have the potential to identify weak effects and thus have increased sensitivity. They are useful for identifying nongenotoxic effects or effects that occur only in populations exposed to other agents. Their primary disad- vantage relates to their unknown accuracy for predicting human responses. Two promotional studies have investigated the response of mice to EMFs in conjunction with ionizing radiation (Babbitt et al. 2000) or dimethylbenz[a]anthracene (Shen et al. 1997). The study design and findings are summarized in Table 4. No increases in lymphoma inci- dence due to the EMF exposure occurred in these two studies. EMFs and Interactions with Matter If power -line EMFs initiate or modulate the onset of disease in humans, then it should be possible to identify a mechanism by which EMFs alter molecules, chemical reactions, cell membranes, or biologic structures in a func- tionally significant manner. An "electric field" is produced by electrically charged objects, such that the size and direction of the electric field predicts the size and direction of force on electric charges. Likewise, a "magnetic field" is produced by moving charges, and the magnetic field predicts force on moving charges. Therefore, any EMF bioeffects must solely and ultimately be the result of forces; there are no other actions of EMFs. The plau- sibility of a biologic effect depends on whether EMF forces can significantly modify biologic processes having electrically respon- sive elements [e.g., ions, charged proteins, neural electric currents, magnetic molecules (free radicals), and magnetic particles]. The measurement units used for EMFs reflect the force exerted. The unit of measure for electric fields is volts per meter (V /m), which is identical to newtons per coulomb (N /C), where the newton is the metric unit for force, and the coulomb is the metric unit for quantity of electric charge; that is, the elec- tric field gives the force per unit charge. The unit of measure for magnetic field is the testa (T); typical environmental fields are in the microtesla (pT) range, which is one - millionth of a testa. A metric unit, the testa is identical to newtons /ampere -meter (N /A -m), and therefore, the magnetic field gives force per unit length (meter) of unit current (ampere). Table 3. EMF studies in genetically engineered mice. Species Group size Exposure Next, one can ask how the forces and energies conveyed by EMF exposure compare with forces and energies endogenous to bio- logic systems. As discussed below, the energies and forces exerted by environmental, 60 -Hz EMFs seem well below those present in bio- logic systems. That is, normal living cells oper- ate under conditions of energy and force "noise" such that 60 -Hz EMF effects will be lost in this background. Theoretically, one could postulate that a low- noise, multicellular organ system might respond to feeble EMF influences and separate them from noise, similar to what happens in a manmade electronic cir- cuit that responds to 60 -Hz EMFs. However, the construction of a biologic system capable of responding to 60 -Hz EMFs imposes severe size, averaging time, temperature stability, and con- ductivity constraints. Although sharks can respond to extremely weak, slowly changing electric fields in seawater, their sensor organ (ampulla of Lorenzini) is complex, containing a large number (- 10,000) of receptor cells, in which small interactions are integrated to gener- ate a change that stands out against noise (Adair 2001; Adair et al. 1998). Aside from such spe- cialized sensory systems, fundamental force and energy considerations appear to preclude disruption of biology by weak EMFs. Table 5 lists mechanisms by which EMFs might alter biologic function, but the strengths of EMF interaction energies and forces are found to be small compared with the endogenous energies Percent incidence of lymphoma Reference Mice (pim -1) 30 /both sexes/ Male Female McCormick et al. (1998) exposure group Sham control 49 47 10 G (continuous) 23' 47 10 G (intermittent) 57 53 2 G (continuous) 43 45 0.02 G (continuous) 47 45 60 Hz, 18.5 hr /day, for 26 weeks Mice (pim -1) 100 female /, T -cell B -cell Harris et al. (1998) exposure group Sham control 5 23 10 G (continuous) 8 22 10 G (intermittent) 7 P8 1 G (continuous) 8 18 0.01 G (continuous) 4 25 50 Hz, 20 hr /day, up to 18 months Mice (TSG -p53) 30 /both sexes/ exposure group Sham control Male 3 Female 3 McCormick et al. (1998) 10 G (continuous) 0 7 60 Hz, 18.5 hr /day, for 26 weeks .p< 0.05 versus sham control Table 4. Multistage oncoger icity studies with EMF. Species Group size Exposure Percent incidence of lymphoma Reference Mice (C57BL/6) 380 female/ exposure group X -ray: Sham control 3.0 Gy 41 4.0 By 38 5.1 Gy Babbitt et al. (2000) 14 G 34 41 53 47 (circular) 60 Hz, 18 hr /day, lifetime Mice 155= 165/ - Dimethylbenz[alanthracene: Shen et al. (1997) (Swiss Webster) exposure group Sham control 24 10 G 22 50 Hz, 3 hr /day, 5 days /week, for 16 weeks 966 VOLUME 1111 NUMBER 7 I June 2003 Environmental Health Perspectives and forces characteristic of the living system (Valberg et al. 1997). Table 5 shows that, in terns of energy or force at the whole -body scale or at the molecu- lar scale, the effect of "large" EMFs is many orders of magnitude below the typical forces and energies that accompany life processes. For example, x -rays can produce significant mo- lecular damage even when the total energy deposited in the body is small. However, the energy of a 60 -Hz EMF photon is vastly less than that of x -rays and is too weak to alter molecular structures. The intensity of the elec- tric field per se could be increased to levels where it accelerates individual free electrons to electron -volt energies, exceeding those needed to break a chemical bond (e.g., in corona dis- charge). However, the level of electric -field intensity required for this type of molecular damage is far above what a person is exposed to in environmental, power -line EMFs. Likewise, EMF forces on biologic structures can be calculated easily, but the force required to distort the shape of complex biologic mole- cules —for example, DNA or enzymes —is far larger than what the electric component of EMFs can provide. However, the magnetic component of EMFs will act on magnetic parti- cles or with single - molecule magnetic dipole (e.g., free radicals). Although magnetite parti- cles are plausible geomagnetic field sensors (Mrschvink et al. 1992, 2001), functional bio- genic ferromagnetic material has been estab- lished only in a limited number of organisms (e.g., magnetotactic bacteria). In these organ- isms, the magnetic interaction provides sensory guidance and is not likely to lead to internal malfunctions. Although magnetic forces may be adequate to twist ferromagnetic particles, the response of the particles to EMFs is limited by the reversal of the power -line magnetic field direction 120 times every second. That is, the net twist over any 1 /60th of a second will be zero, and because of the viscosity of biologic materials, only a tiny amount of twist will take place during the 1 /120th of a second that the magnetic field points in a given direction. Coupling of EMFs to biologic effects. Most theoretical analyses of EMF actions have emphasized physical parameters and have ana- I-zed models of individual cells or subsystems of single cells (mainly membranes and magne- tosomes) (Adair 1991, 1994; Kirschvink et al. 2001; Polk 1992, 1994; Weaver and Astumian 1990). The shark provides an example of how a multicellular system can detect weals electric fields (described above), and the possibility that some multicellular structures may amplify e- lectric fields has been considered (Fear and Stuchly 1998; Gowrishankar and Weaver 2003). The importance of biologic system size also has been emphasized in a model for the biologic detection of small magnetic field differ- ences (Weaver et al. 2000). Multicellular system Children's Health Leukemia and electric and ma netic fields models begin with the recognition that EMFs are physical, not chemical, agents, as illustrated in the following causal chain (Weaver 2002): F.MFs — Physics — Chemistry — Biology A necessary condition for biologic activity is that EMF- induced changes must exceed chemical changes from natural or background influences. Changes in biology are coupled to EMFs through changes in biochemistry, which in turn must have an ongoing, metabolically driven chemical process (reaction or transport rate) that is sensitive to EMFs. The assumption behind predicting the "weakest" detectable field is that this limit is determined by the abil- ity of weak fields to alter the biochemistry, but it is not limited by the ability of a small num- ber of molecules to alter the biologic system. A key consideration is the size of the EMF- induced chemical change relative to naturally occurring changes in the same chemical process, which can be thought of as a chemistry-based signal -to -noise (SIM ratio. For example, the signal (S) can be the EMF - induced, accumulated change in an ionic or molecular Aux (Astumian et al. 1995), or the change in the average number of receptor - bound ligands (Weaver et A. 2000). But the accumulated change in flux or receptor - bound number also varies because of other natural processes, which constitute a general- ized chemical noise (N), including the sources listed in Table 6. The totality of the sources of competing chemical change on Table 6, (NoN+ NAT+ Noy + NAm+ No E), can be expected to be much larger for humans in vivo than for cellular preparations studied in vitro (Weaver et al. 1999). Therefore, for the intact organism, the overall chemistry - based signal -to -noise ratio can be written symbolically as ISEMF /Noverall / _ Sr:Mr NoN +No, +Noe +NoM +NoE The question of how to add the various com- peting chemical changes has not been fully addressed. If the competing changes can be regarded as random (and independent), then each of the competing changes can be added as the sum of their magnitudes squared (Weaver et al. 1999). In summary, the in vivo human biochemical environment exhibits considerable noise. This inherent, background noise must be quantitatively reconciled with the relatively small levels of 60 -Hz EMF "sig- nal" if one is to predict alteration of ongoing biochemical processes by EMFs. The effect threshold for voltage -gated channels in single, long cells is predicted to be about 50 V /m, which in a human -sized organism corresponds to the electric field induced by a magnetic field of about 1 T (10,000 G) (Weaver et al. 1999). If temperature noise is ignored, the threshold electric field is about 0.1 V /m, which corre- sponds to a magnetic field of 6,000 pT (60 G) (Weaver et al. 1999). As system size increases, fundamental noise tends to increase at a slower rate than does the induced EMF signal. Hence, the constraint that signal should exceed noise (SIN> 1) is more likely to be met in a large, multicellular system rather than in individual, isolated cells (Weaver et al. 2000). Another difficulty in coupling EMFs to biologic effects has been assessing perturba- tions in membrane transport systems. An improved approach for evaluating molecular transport has been developed that might have application to predicting EMF effects on cell function (Gowrishankar and Weaver 2003), which uses a multicellular model based on elementary transport models that can be assembled into both membranes and bulk electrolyte. The model can predict voltages, currents, dissipated power density, and chem- ical changes throughout the system. Simulation of the bone marrow by the lattice transport model may be particularly appropri- ate in testing the hypothesis that contact cur- rents are a potential causal link between EMFs and childhood leukemia. Marrow within bone is mechanically protected from Table 5. Biologic process strength compared with EMF interaction strength. Interaction strength Interaction process in living system Interaction strength for typical "large" EMF levels,' Heating Basal metabolism Absorbed 60 -Hz EMF energy =- 0.00001 W -100W (i.e., 10 pW is 10,000,000 -fold below basal metabolism) Photon absorption Chemical bond 60 -Hz EMF photons = - 0.000001 eV energies of (ue.;,EMF -1 peV, vs. x -rays - 500 -5,000 eV) -0.1 -5 eV Force (electrical) Biologic forces Molecule with electric charge of ±100 = 40002 pN -1 -100 pN (pN =10-12 N = 0.000000000001 N) Force (magnetic) Biologic forces Twisting force on microscopic ferromagnetic particles -1 -100 pN (acting like compass needles), -2 pN, but EMF force alternates direction every 1 /120th sec, and averages to zero Biochemistry Free - radical Free- radical chemistry requires larger fields, and any recombination effects occur over nanoseconds, so 60 -Hz lifetimes -2 nsec field with period of 17 msec appears same as static field 'e.g., E = 1,000 V/m and M = 100 pT (or 1,000 mG) Environmental Health Perspectives • VOLUME 1111 NUMBER 7 1 June 2003 967 Children's Health 1. Brain et al. motion (a source of generalized noise, (NAAI) (Vaughan and Weaver 1998)], and should also partially attenuate biologically generated electric fields, potentially decreasing back- ground field noise, (NoF). Contact Currents as a Possible Explanatory Exposure A "contact current" occurs at home or in the workplace when a person touches two conduc- tive surfaces that are at different electrical volt- ages. Typically, these currents may flow from hand to hand or from a hand through the feet, depending on how the contact with the con- ductive surfaces is made. Sensory reactions to contact current depend on the level of current, the physical dimensions and anatomical fea- tures of the exposed individual, the size of the contact area (e.g., touch or grip), and unspeci- fied sensitivity factors unique to that individ- ual (reviewed in Reilly 1998). For example, adult men experience sensory thresholds at electric currents between 100 and 500 pA, with progressively lower thresholds for women and children due to their smaller size; a child's lower perception threshold is about 50 pA. Associations between residential magnetic fields and the risk of childhood leukemia have been observed, but the magnetic fields per se appear to be too weak to cause biologic effects, and leukemia bioassays in rodents are uni- formly negative. It is conceivable that the magnetic field measurements are acting as a surrogate for some other exposure. An expo- sure, such as contact currents, could be an explanatory factor for the observed epidemio- logic associations if three conditions are satis- fied: a) an association is present between contact current exposure and the measured power -line magnetic field level, b) levels of contact current expected in a home are suffi- cient to deliver an adequate dose to the bone marrow, and c) a target population (i.e., small children) has the opportunity to encounter contact currents. Association between magnetic fields and contact voltages. In a computer model, two sources of contact voltage were considered, which appear either between the electrical panel M and the water line entering the house ( W1, or between the water line ( M and the earth ground (-';) (Kavet et al. 2000). The first source, Vp WA occurs in the grounding conduc- tor that connects the neutral wire at the electri- cal service panel (fuse or breaker box) to the water line entering the house (as required by the National Electrical Code). The grounding conductor carries a fraction of a home's net load current producing an ohmic voltage across the conductor's length. Because appliance frames also are connected via the third or "green" wire in the power cord to the service panel neutral, an individual can be exposed to VP Wwhen simultaneously touching an appli- ance frame and a water fixture. The second source arises from the voltage between the water pipes and the earth, VtV E. This voltage results from ground currents in the primary and secondary electrical distribution circuits that flow from the water pipes into the earth. VWE also can result from induction caused by magnetic fields from heavily loaded power lines that may be near by. VWEproduces a voltage between water pipes and the drainpipe Myl p), because the drainpipe is sunk into the soil and therefore becomes a component in the earth return pathway. Exposure to a contact voltage could occur to a person bathing while contacting a water fixture or the water stream. If any segment of the water supply or drainpipe is nonconductive, exposure does not occur. Basic engineering principles suggest that, across large populations, VW,y_E and the residential magnetic field should be associated with each other ( Kavet and Zaffanella 2002). In a computer - modeled neighborhood, Kavet et al. (2000) observed that Vp_W is highly correlated to the magnetic field attrib- utable to the ground current within a particu- lar residence. In a pilot study of 36 residences ( Kavet and Zaffanella 2002), the degree of correlation between contact voltages and mag- netic field measurements varied. Vp W was poorly correlated to spot- measured magnetic fields (Ba„,) (both log- transformed). This dis- crepancy is due most likely to the effects of magnetic fields from nearby lines, which may have "swamped" the fields from the ground path. On the other hand, Vtrr E was signifi- cantly (p < 0.001) correlated to Ba„s (both log - transformed) with the highest levels of Vtw E (> 400 mV) associated with proximity to high Table 6. Noise processes that compete with EMF interaction strength. Noise process Symbol Source of competing chemical changes Stochastic chemical noise NAN Randomizing collisions and fluctuations inherent to an aqueous biological environment Temperature variations NAT Environmental and metabolic temperature Fluctuations coupling to significant biochemical temperature dependence Concentration variations NeC Physiological processes leading to variations in concentrations of ions and molecules Mechanical noise NAM Motion of tissues leading to possible mechanical interference with ongoing processes Background electric fields NoE Neuromuscular electrical activity and motion - created streaming potentials that lead to background electric fields voltage transmission lines (i.e., probably due to magnetic field induction). VW D, however, was not significantly correlated with Ba,g (22 valid data points). The results suggest a posi- tive association between magnetic field expo- sure and contact voltage due to VWt, E, but a more precise description of the relation between VW -D and Ba„g will require a larger sample. VWE is the source voltage for VW p, and VW-pis some fraction of VIV E, but the fraction varies from house to house. Kaune et al. (2002) failed to find an association between ground currents and case versus con- trol status for childhood cancer, but because of large variations in the conductivity of water pipes, ground currents may not correlate with contact voltages. Sufficient dose to tissue. Biologic response to an environmental exposure requires suffi- cient dose as a necessary but not sole condition. A key difficulty with attributing a causal inter- pretation to the association between childhood leukemia and magnetic fields has been the low . dose to target tissue associated with ambient magnetic fields. For example, residential fields away from appliances rarely exceed I J, and studies using anatomically representative com- puter models report that a 5 -pT 60 -Hz mag- netic field fails to induce even 1 mV /m (the minimum "benchmark" dose for biologic effects; NIEHS 1999) in an adult's bone mar- row, with lower values expected for children because of their smaller size ( Kavet et al. 2001). Studies examining contact current dosime- try report that the bone marrow of a child - sized model's lower arm experiences an average of 5 mV /m per pA of contact current into the hand, and 5% of the tissue achieves 13 mV /m per pA (Dawson et al. 2001). Modeled adults experience roughly 40% of the values of the modeled child. Because exposure in the bath- tub scenario (summarized above) can reach 30 µA or more, electric fields in a child's mar- row of up to 500 mV /m (0.5 V /m) are con- ceivable, exceeding by several -fold the above I mV /m "benchmark dose." Opportunity for exposure. Although VI_W can technically cause contact current to flow, it is most likely a minor source of exposure, especially to children. Simultaneous contact with an appliance and a water fixture is prob- ably not common and the reach may be beyond a child's physical dimensions. In addi- tion, most appliance contact is with a dry hand, which means the contact resistance can exceed 100 K ohms, resulting in a relatively low current. In contrast, contact with the water fixture in a bathtub involves a wet hand that essentially short- circuits the insulating outer layer of the skin. Moreover, if children bathe several hundred times per year, then ample opportunity exists for some level of contact, although such behaviors have not been studied. 968 VOLUME 1111 NUMBER 7 1 June 2003 • Environmental Health Perspectives Summary of the contact - current metric. Because the three conditions, association be- tween exposures, sufficient dose, and exposure opportunity, have nor been refuted in modeled analyses, the contact- voltage explanation remains viable. However, the key exposure parameters have not yet been characterized in a large- sample study. Furthermore, no bioassay or in vitro model of childhood leukemogenesis has been studied with controlled applications of contact current, but molecular models of childhood leukemia in molecular engineered mice can provide insight on the possible role of 60 -Hz bone marrow electrical fields. The use of transgenic mice allows characterization of the initial genetic alteration that can be applied to the investigation of subsequent epigenetic fac- tors such as 60 -Hz currents through the bone marrow. Thus, although some theoretical mod- els support additional inquiry, the lack of de- finitive data showing magnetic fields to be a surrogate for exposure to contact voltages adds uncertainty as to the direction of future research. Summary In children, ALL represents approximately 75% of the total leukemia types. In acute leukemia, initiating events tend to be genetic in origin and commonly are represented by chro- mosomal translocations. There are known and suspected risk factors, and epidemiologic asso- ciations between EMFs and childhood leukemia have made EMFs a suspected risk factor. Animal data on the effects of EMF exposure, however, are overwhelmingly nega- tive regarding EMF exposure per se being a sig- nificant risk for hernatopoietic neoplasia. We may fail to observe laboratory effects front EMF exposure because typical power -line EMFs do not give a "dose" detectable above the many sources of "noise" in biologic sys- tems. We may fail to detect EMF effects in bioassay systems because EMFs themselves are not the causal exposure in the epidemiologic associations. "Contact voltages" have been pro- posed as a novel exposure metric, and they meet three plausibility conditions: association with residential EMF levels, biologic effective dose, and opportunities for exposure. If replica - ble laboratory findings indicate that contact voltages are important in leukemia risk, then epidemiology studies might be designed to explore this proposal further. REFERENCES Adair RK. 1991. Constraints on biological effects of weak extremely -low- frequency electromagnetic fields. Phys Rev A 43:1039 -1048. . 1994. Constraints of thermal noise on the effects of weak 60 -Hz magnetic fields acting on biological magnetite. Proc Natl Acad Sci USA 91:2925 -2929. . 2001. Simple neural networks for the amplification and utilization of small changes in neuron firing rates. Proc Nail Acad Sci USA 98:7253- -7258. 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Environmental Health Perspectives • VOLUME 1111 NUMBER 7 1 June 2003 969 Attached are two letters of interest received from Councilmember Mark Landman (Cotati) and Vice Mayor Steve Allen (Windsor) for consideration for the Alternate Member Position vacancy on LAFCO. The City Selection Committee will meet in special session on June 10, 2010 at 6:00 pm to appoint an alternate member to the Local Agency Formation Commission to fill a vacancy created when Commissioner Stafford was appointed as a Regular Member of the Commission. Please have your Council review the letters of interest before the June 10th M &C Meeting. Thank you Mary Gourley City Clerk/Pr of am Manager City of Sebastopol, CA 712013odega Avenue Sebastopol, CA 95472 707 - 823 -1153 - Work 707 - 823 -113; - FAX www. cr: sebastopol. ca. as m ,gourley @.sonic.rnet 5/25/10 City Council Agenda Griffin, Terri ITEM NO. 11.A From: Gourley [mgourley @sonic.net] Sent: Tuesday, May 11, 2010 8:27 AM To: Cc: Mary Gourley Breeze, Amie; Amy O'Gorman; August Sebastiani; Lidster; Beth; BrigitteGraham; Carol Giovanatto; Carol Russell; Charles Dalldorf; Cheryl Scholar; Claire Cooper; Darrin Jenkins; David Glass; David Rabbitt; Debora Fudge; Diane Edwards; Dianne Thompson; Elizabeth Licursi; Eric Ziedrich; Ernesto Olivares; Gary Plass; Gary Wysocky; Gay Rainsbarger; Belforte, Gina; Greg Scoles; Gus Wolter; Guy Wilson; Irene Camacho; Jack Griffin; Mackenzie, Jake; James Wood; Jane Bender; Janet Orchard; Jessalee Raymond; Jim Leddy; Joanne Sanders; Joe Palla; Joe Palla; John Brown; John Sawyer; Callinan, Joseph; Hauff, Judy; Kathleen Shaffer; Katie Crump; Ken Brown; Larry Robinson; Laurie Gallian; Linda Kelley; Linda Kelly; Maria De La O; Marie Curiel; Marjorie Pettus; Mark Landman; Marsha Vas Dupre; Mary Ann Brigham; Mary Gourley; Matthew Mullan; Mike Harris; Mike Healy; Mike McGuire; Nina Regor; Stafford, Pam; Pamela Torliatt; Pat Gilardi; Robert Coleman Senghor; Robert Senghor Coleman; Robert Senghor Coleman; Robin Goble; Sam Salmon; Sarah Glade Gurney; Stephanie Acuna; Steve Allen; Steve Barbose; Sue Stoneman; Susan Gorin; Susan Harvey; Suzanne Sheppard; Tami Taylor; Teresa Barrett; Griffin, Terri; Tiffany Renee; Tom Chambers; Veronica Jacobi; Wayne Goldberg; Wendy Friefeld; Efren Carrillo; Kathy Hamm; Mary Bowman; Mike Kerns; Paul Kelley; Sheri Hartz; Shirlee Zane; Valerie Brown; Veronica A. Ferguson Subject: Letters of Interest Received for the Alternate Position on LAFCO for M &C Consideration at Attachments: their June 10th Meeting Letters of Interest Received for Alternate Member Position LA FCO MC June 10th Mtg.pdf Attached are two letters of interest received from Councilmember Mark Landman (Cotati) and Vice Mayor Steve Allen (Windsor) for consideration for the Alternate Member Position vacancy on LAFCO. The City Selection Committee will meet in special session on June 10, 2010 at 6:00 pm to appoint an alternate member to the Local Agency Formation Commission to fill a vacancy created when Commissioner Stafford was appointed as a Regular Member of the Commission. Please have your Council review the letters of interest before the June 10th M &C Meeting. Thank you Mary Gourley City Clerk/Pr of am Manager City of Sebastopol, CA 712013odega Avenue Sebastopol, CA 95472 707 - 823 -1153 - Work 707 - 823 -113; - FAX www. cr: sebastopol. ca. as m ,gourley @.sonic.rnet LETTER(S) OF INTEREST RECEIVED FOR THE ALTERNATE MEMBER POSITION ON THE LOCAL AGENCY FORMATION COMMISSION (LAFCO) City of Cotat'i Sonoma County, California May 4, 2010 Mary Bowman, Clerk, City Selection Committee Mayors and Councilmembers, Re: City Member - Alternate on the Local Agency Formation Commission (LAFCO) I am writing to ask for your support for appointment to the position of City Member - Alteznate on the Local Agency Formation Commission (LAFCO). I currently serve as councilmember in the City of Cotati, and act as Cotati's representative on the Water Advisory Committee, the Russian River Watershed Association, and as alternate representative to the Association of Bay Area Governments (ABAG), the Sonoma County Transportation Authority (SCTA), and the Subregional Wastewater Policy Advisory Committee. As a retired Fire Captain with 30 years of experience, I understand the importance of land use boundaries and service areas and the impact they can have on agencies providing service to these areas. The challenge of planning and :maintaining appropriate spheres of influence, to guide future growth for our communities while protecting our agricultural and open space lands, is an important one that I would appreciate being involved in. I would enjoy the opportunity to serve as your alternate representative and ask for your vote. Mark Landman 201 West Sierra Avenue, Cotati, CA 94931-4217 • TELEPHONE 707.792.4600 • FAX 747.795.7067 Tomi or Windsor 9291 Old Redk% (xA High%' a) PO Box 100 Windsor. CA 95492-0100 Phone: (707) 8 38 -1000 Froj (707) 816-7349 V11:125 ES—tal Mayor Sam Salmon Vice Mayor 5Icvc Allen Cott ncil mein bers DeboraFudge Robin Goble Cheryl Scholar Town Manager J, Matthew Mollan 0,im.d — —.c t—I M May 4, 2010 Sonoma County Mayors' and Councilmembers' Association 7120 Bodega Avenue Sebastopol, CA 95472 RE: LAFCO Appointment Dear Mayors and Councilmembers: I am asking for your support to fill the Alternate position on LAFCO. I have worked hard as one of the City-appointed Comnussioners for the past four years. As a civil , engineer, I have over thirty-two years of experience working with local agencies and have worked extensively with the issues and needs involved with annexations. As a member of the agency, I have used my expertise to work with the rest of the Commissioners to make logical and well thought out decisions. I would like to offer my experience, and would appreciate the opportunity to serve again. I thank you for your consideration. Sincerely, Steve Allen Vice Mayor cc: Town Council M. Mullan 1:\0 I - Town CounciftCorrespondence & Misc infbUo 10\LAFCO ALT APPI. May 201 0.doc City of Rohnert Pork 05/25/10 City Council Agenda Item No. 11.0 Calendar of Events Next Council Meeting May 25, 2010 Tuesday, 5/18 Chamber of Commerce Board of Directors meeting (PS) Wednesday, 5/19 Sonoma County Waste Management Agency 9am Santa Rosa (LB) Thursday, 5/20 Rohnert Park Chamber of Commerce 2010 Business Showcase 4 -5pm — Business to Business 5 -7pm — Open to Public Thursday, 5/20 Bay Area Open Space Council 11th annual Conference 8am- 4:30pm The Golden Gate Club in SF Presidio (JM) Thursday, 5/20 Russian River Watershed Association — BOD 9am Windsor Town Council Chambers (PS) Friday, 5/21 Economic Development Committee 4:15pm Conference Room 2 -A (PS /GB) Monday, 5/24 Registration Deadline for June Election Monday, 5/31 Avenue of Flags Memorial Day ceremony 9:30am (band) 10am Color Guard and Program (about 20 minutes) Friday, 6/4 Schools are out Thursday, 6/10 Mayors and Councilmembers 6pm City Selection / Board of Directors, 7pm — General Meeting Sonoma State University — Green Music Center Tuesday, 6/15 Chamber Board of Directors (PS) Tuesday, 6/22 Law Enforcement Torch Run for Special Olympics Saturday & Sunday, 6/26 -27 Relay for Life 10am (Sat), 9:30am (Sun) Sonoma Mountain Village http://main.acsevents.org/site/TR?pg=entry&fr id =20529