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2007/11/27 City Council Agenda PacketJudy Hauff City Clerk City Hall COURTESY AGENDA 11/27/07 NOTE: cc: I Hauff, City Clerk (2) Place marker on agenda for each T. Griffin, Deputy City Clerk individual recipient. K. Leonard, Shorthand Reporter Catharine Bramkamp Joseph Fontes, Student Rohnert Park Chamber of Commerce Paula Reinhold Marguerite Hahn Elementary School Catharine (&CatharineBramkamp.com pauladee(a-cdsl.net 969 Hacienda Circle Rohnert Park, CA 94928 C % OU CITY COUNCIL SPEAKE RD 0, R CA Date: .' 11�� Item #: Name: Address: f AT P-04) A Phone: TOPIC Al -e�L Pa � O Brief Summary of Comments: y is al t See Reverse --> CITY COUNCIL SPEAKER CARD i Date:_ t D Item #: Name: kucjn�l Address: oZ- D,L( p✓ �01� _ Phone: '7 q 5� TOPIC: - (1'C�cA -- cAa� Brief Summary of Comments: i S Vb\0 w ,4x CGGAIAA&2-�, See Reverse --> CITY COUNCIL SPEAKER CARD e Dater L-7 19 Item #: f _ Name: Address: Phone: TOPIC: Brief Summarybf Comments: - See Reverse --> CITY COUNCIL SPEAKER CA Date: i 9 VI I b'7 Item #: Name: ,TD15 - <i44)gUtp Address:' 6 W Phone: bo) 58 !S- TOPIC: �5c('boU Brief Summary of Comments: 4 See Reverse --> Distr. @ mtg. of.-441 -I cc: File. File.- CITY OF ROHNERT PARK CONCURRENT MEETING MINUTES FOR: City Council Community Development Commission Rohnert Park Financing Authority November 13, 2007 Tuesday The Concurrent Meetings of the City of Rolmert Park for the City Council, the Community Development Commission and the Rohnert Park Financing Authority met this date for a Regular Meeting to cormnence at 6:00 pan. at the Rohnert Park City Hall, 6750 Confl-nerce Boulevard. Rohnert Park, with Mayor Pro Tem Mackenzie presiding. REGULAR MEETING Call to Order: Mayor Pro Tempore Mackenzie called the Regular Meeting to order at 6:00 p.m. Roll Call: Breeze, Mackenzie, Smith, Stafford Absent: Vidak - Martinez (Out of town on City business — National League of Cities) Staff present for all or part of the Regular Meeting: City Manager Donley, City Attorney Kenyon, Assistant City Manager Schwarz, Management Analyst Babonis, Director of Public Safety Bullard, Public Safety Lieutenant Frazer, Public Safety Sergeants Marty and Reinhold, Fire Inspector Adam, Building Official Bruck, Management Analyst Tacata, Deputy City Clerk Griffin, and Videographer Beltz. CLOSED SESSION Mayor Pro Tempore Mackenzie adjourned Council to Closed Session to discuss Personnel Matters as outlined in the agenda. CITY COUNCIL REGULAR SESSION Call to Order: Mayor Pro Tempore Mackenzie called the Regular Meeting to order at 6:37 pan. PLEDGE OF ALLEGIANCE: Aric Lang, student from Goldridge Elementary School, led the Pledge of Allegiance. Mayor Pro Tempore Mackenzie PRESENTED Aric with a card and a pen. 1. MAYOR'S REPORT ON CLOSED SESSION: Mayor Pro Tempore Mackenzie reported that an agreement has been reached with the Rohnert Park Public Safety Officers' Association (RPPSOA), for which formal action will be taken at a future meeting. He encouraged all citizens with questions regarding the City's budget to contact City Manager Donley. City of Rohnert Park CONCURRENT MEETINGS Minutes (2 of 9) November 13 2007 fior City Council /Conzniunity Develo�n7ent Commission /Rohnert Park Fii�a�ici�ia Authority 2. SSU STUDENT REPORT: Sonoma State University Associated Students, Inc. (ASI), by Nicole Schlossberg, Legislative Representative: Ms. Schlossberg provided a brief update on several items, including the Army's recruitment advertisements supporting an SSU basketball tournament tlu-ee weeks ago, the number of students living off campus. the accreditation process, efforts to go green, and SSU's men's soccer team's national championship quest. 3. UNSCHEDULED PUBLIC APPEARANCES /COMMENTS: None. AGENDA CHANGE: Council CONCURRED with Mayor Pro Tempore Mackenzie's suggestion to move agenda item No. 9 forward. 9. COMMITTEE ON THE SIIELTEI2LESS (COTS): [Taken out of regular agenda order] Annual Report on COTS Activities for 2007: 1. Report by COTS representative: Alicia Sims, Assistant Director of the family center and housing programs for COTS; Violetta Novus, a participant in the COTS program; and Roger Kirkpatrick, Associate Executive Director of COTS, provided a brief oral report and expressed gratitude to the City Council for its support. 2. Public Comments: None. 3. Council discussion: Council Members shared their perspectives. No action taken. 4. CONSENT CALENDAR: Council Member Breeze signified removal of the City Council Portion of the Regular Concurrent Meetings Minutes for October 23, 2007. City Manager Donley signified deferral of Resolution 2007 -190 and removal of Resolution 2007 -191 for discussion. 2. Approval of City Bills /Demands for Payment in the amount of $2,815,866.90 3. Resolutions for Adoption: 2007 -182 Thanking and Honoring Bradley S. Rosaschi upon his Retirement from the Department of Public Works 2007 -183 Commending Duane Rosengren, Public Safety Sergeant, on the Occasion of His Retirement 2007 -184 Authorizing and Approving the First Amended Cooperative Agreement between the Sonoma County Water Agency and the City of Rohnert Park for Funding and Administration of the City of Rohnert Park Water Conservation Program Funded in Fiscal Year 2006/2007 2007 -185 Approving Task Order No. 2007 -09 with Winzler & Kelly Consulting Engineers to Provide Professional Services for Environmental Cleanup of Corporation Yard: Soil Investigation and Performance of Compliance Groundwater Sampling City of Rohnert Park CONCURRENT MEETINGS Minutes Q of 9) November 13, 2007 for City Council /Community Development CommissionlRohnert Park Financing Authority 2007 -186 Accepting Project and Directing the City Engineer to File Notice of Completion for the Martin Avenue Storm Drain Extension Project, Phase I, Project No. 2006 -03 2007 -187 Summarily Vacating Excess Public Utility Easement, 705 Rohnert Park Expressway and Authorizing the Mayor to Execute Quitclaim Deed to Vida Nueva Partners, L.P., a California Limited Partnership — APN 143 -391 -063 (Portion) & 143 - 391 -054 2007 -188 Receiving from the Community Development Commission the Redevelopment Annual Report for Fiscal Year Ending June 30, 2007 2007 -189 Modifying a Public Facilities Fees Paid by Cross and Crown Lutheran Church 2007 -192 Authorizing and Approving an Affordable Housing and Loan Agreement by and among the City Council of the City of Rohnert Park, the Community Development Commission of the City of Rohnert Park and Rainbow - Copeland Creek, LLC Upon MOTION by Council Member Stafford, seconded by Council Member Smith, and APPROVED 4 -0 -1 with Mayor Vidak- Martinez absent, reading was waived and the Consent Calendar, with the exception of the City Council Portion of the Regular Concurrent Meetings Minutes of October 23, 2007, and Resolution Nos. 2007 -190 and 2007 -191, was ADOPTED. Items for consideration: 1. Approval of Minutes for: City Council Portion of Regular Concurrent Meetings — October 23, 2007 Council Member Breeze amended the minutes for Item 9.3, "Appeal of Public Facilities fees," to include a description of Option 3 in the first sentence, to read as follows: "A MOTION was made by Council Member Breeze to support Option 3; as outlined in the Staff Report, to waive the fee for the property based on findings that the proposed project provides benefits to the City that outweigh the impacts it causes." Upon MOTION by Council Member Breeze, seconded by Mayor Pro Tempore Mackenzie, the City Council Portion of the Regular Concurrent Meetings for October 23, 2007 were APPROVED, AS AMENDED, 4 -0 -1 with Mayor Vidak- Martinez absent. 2007 -190 Ratifying the Memorandum of Agreement with the Rohnert Park Employees' Association (RPEA) Item DEFERRED at the recommendation of City Manager Donley. 2007 -191 Approving the Outline of Certain Conditions of Employment, Fringe Benefits and Salary Adjustments for the Management Unit City Manager Donley reconunended adoption of Resolution 2007 -191 with amendments to sections 5.11 and 10.2 as outlined in the memo provided to Council. A MOTION was made by Council Member Stafford, seconded by Council Member Smith, to adopt Resolution 2007- 191. Under discussion, and FOR THE RECORD, Council Member Breeze stated that she will be voting against the resolution due to the City's rising medical costs and Council's lack of significant progress in terms of economic development over the last four years. After Council discussion concluded, for said motion, which was APPROVED 3 -1 -1 with Council Member Breeze dissenting and Mayor Vidak- Martinez absent, reading was waived and Resolution 2007 -191 was ADOPTED. City of Rohnert Park CONCURRENT MEETINGS Minutes (4 of 9) November 13 2007 _for 001 Council/Community Development Commission / Rohnert Park Financing Aufhority 5. FIRE DIVISION REPORT: Report by the Fire Division regarding the Southern California Strike Team Experience: 1. Staff Report: Public Safety Lieutenant Frazer and Public Safety Sergeants Marty and Reinhold DISTRIBUTED AND REVIEWED the contents of a PowerPoint presentation regarding the department's recent participation in the Sonoma County Strike Teams fighting the Southern California firestorms, and they responded to Council questions and comments. 2. Public Comments: None. 3. Council discussion: Council Members shared comments and expressed appreciation for the efforts of the Sonoma County Strike Teams. Mayor Pro Tempore Mackenzie suggested that Strike "Team Leaders Marty and Reinhold be formally recognized by Council after they become certified Strike Team Leaders. 6. 2007 FIRE CODE ORDINANCE: Consideration of Proposed Amendments to Rohnert Park Municipal Code Chapter 15.28, Adopting by Reference the 2006 Edition of the International Fire Code and the 2007 Edition of the California Fire Code, as Amended: 1. Staff Report: Fire Inspector Adam reviewed the contents of the Staff Report. 2. PUBLIC HEARING: Mayor Pro Tempore Mackenzie opened the Public Hearing at 7:57 p.m. There being no members of the pubic interested in speaking on this matter, Mayor Pro Ternpore Mackenzie closed the Public Hearing at 7:58 p.m. 3. Ordinance for Adoption: No. 793 Adopting by Reference the 2006 Edition of the International Fire Code and the 2007 Edition of the California Fire Code, as Amended, by Repealing and Replacing Chapter 15.28 of the Rohnert Park Municipal Code A MOTION was made by Council Member Breeze, seconded by Council Member Stafford, to adopt Ordinance No. 793. After Council discussion concluded, for said motion, which was APPROVED 4 -0 -1 with Mayor Vidak- Martinez absent, reading was waived and Ordinance No. 793 was ADOPTED BY ROLL CALL VOTE. 7. 2007 BUILDING CODE ORDINANCE: Consideration of Proposed Amendments to Rohnert Park Municipal Code Title 15, Adopting by Reference the 2007 Edition of the California Building Code, as Amended: 1. Staff Report: Building Official Bruck reviewed the contents of the Staff Report and responded to Council questions and comments. 2. Public Comments: None. City of Rohnert Park CONCURRENT MEETINGS Minutes (5 of 9) November 13, 2007 for City CouncillCommunity Development ColmnissionlRohnert Park Financing Authority 3. Ordinance for Introduction: No. 794 Adopting the 2007 California Building Standards Code by Reference, Repealing Section 15.36.010 and Chapters 15.12, 15.13, and 15.30, Amending Section 15.04.010 and Chapters 15.08, 15.16, 15.20, and 15.24 of, and Adding Section 15.04.020 to Title 15, "Buildings and Construction," of the Rohnert Park Municipal Code Upon MOTION by Council Member Smith. seconded by Council Member Stafford, and APPROVED 4 -0 -1 with Mayor Vidak- Martinez absent, reading was waived and Ordinance No. 794 was INTRODUCED. 4. Resolution for Adoption: 2007 -193 Setting a Time and Place for a Public Hearing for Proposed Amendments to the 2007 Edition of the California Building Code Upon MOTION by Council Member Breeze, seconded by Council Member Smith, and APPROVED 4 -0 -1 with Mayor Vidak - Martinez absent, reading was waived and Resolution 2007 -193 was ADOPTED. 8. BICYCLE ADVISORY COMMITTEE REPORT: Consideration of a Reconunendation by the Bicycle Advisory Committee to Draft an Ordinance Prohibiting Bicycle Riding on Sidewalks: 1. Report by Bicycle Advisory Committee: Management Analyst Tacata reviewed the contents of the Staff Report and responded to Council questions and comments. Ken Acton of the Bicycle Advisory Committee DISTRIBUTED AND REVIEWED two articles about the importance of having cyclists use on- street bike lanes. 2. Public Comments: None. 3. Council discussion /direction: Council discussion concluded with CONCURRENCE with Option 2, as outlined in the Staff Report, to consider an ordinance to prohibit bike riding on sidewalks in certain areas after the City's Bicycle and Pedestrian Master Plan update is complete. 9. COMMITTEE ON THE SHELTERLESS (COTS): ["Taken out of agenda order and considered earlier in the meeting prior to agenda item No. 4, "Consent Calendar "] 10. COUNCIL COMMITTEE AND /OR OTHER REPORTS: 1. Parks, Recreation, and Open Space Committee meeting, 10/24: Council Member Stafford provided a brief report. 2. Redwood Empire Municipal Insurance Fund meeting, 10/25: Council Member Smith provided a brief report. 3. Sonoma County Agricultural Preservation and Open Space District Advisory Committee meeting, 10/25: Council Member Smith provided a brief report. City of Rohnert Park CONCURRENT MEETINGS Minutes (6 of 9) November 13 2007 _for City Council /Community Development CommissionlRohnert Park Financing Authority 4. Waste and Recycling Subcommittee meeting, 11/6: Council Member Smith provided a brief report. Council discussion /direction: Council CONCURRED with City Manager Donlev's recommendations that (1) additional contract provisions to be considered at a future Council meeting, and (2) a letter of intent regarding the purchase of trucks be placed on the next agenda for Council consideration. 5. Other informational reports, if any: Association of Bay Area Governments — Metropolitan Transportation Commission Forum: Bay Area on the Move, 10/26: Mayor Pro Tempore Mackenzie CIRCULATED _ a report for Council perusal. Vida Nueva Groundbreaking Ceremony, 10/26: Mayor Pro Tempore Mackenzie provided a brief report. Cotati - Rohnert Park Unified School District Special Board Meeting — Demographer's Report, 10/30: Council Member Smith provided a brief report. Solar Sonoma meeting, 11 /1: Council Member Smith provided a brief report. California Department of Water Resources Water Education Foundation — Small Water Supply Systems: Assessment of Drought Preparedness, 11/1: Mayor Pro Tempore Mackenzie provided a brief report. Healthy by Design, 11/2: Mayor Pro Tempore Mackenzie and Council Member Stafford provided a brief report. San Francisco Estuary Project Implementation Committee meeting, 11/2: Council Member Smith provided a brief report. Step It Up — Climate Protection Campaign Event, 11/3: Council Member Smith provided a brief report. Health Care in Crisis meeting, 11/6: Council Member Smith provided a brief report Symposium Re: Emerging Contaminants in Wastewater, 11/8: Mayor Pro Tempore Mackenzie and Council Member Smith provided a brief report. Veterans' Day Tuskegee Airmen celebration in Marin County: Council Member Smith provided a brief report. Veterans' Day celebration at the Rohnert Park Community Center: Mayor Pro Tempore Mackenzie provided a brief report, noting that Mayor Vidak - Martinez and Council Member Stafford were also in attendance. City of Rohnert Park CONCURRENT MEETINGS Minutes (7 of 9) November 13, 2007 . for City Council /Community Development ContinissionlRohnert Park Financing Authority 11. COMMUNICATIONS: No communications raised. 12. MATTERS FROM /FOR COUNCIL: 1. Calendar of Events: Document provided in Council agenda packets. 2. City Council Agenda Forecast: Document provided in Council agenda packets. 3. Santa Rosa Plain Conservation Strategy Implementation Conunittee (California Tiger Salamander) (JM) — Consideration of Draft Implementation Plan: Mayor Pro Tempore Mackenzie provided a brief report. Council discussion /direction: Council CONCURRED to authorize Mayor Pro Tempore Mackenzie to represent the City Council at a meeting on November 21, 2007 regarding the draft implementation plan and future enacting ordinances to impose mitigation and other requirements in conservation strategy. 4. Other informational items, if any: Council Member Walk: Council Member Smith briefly discussed his plans to arrange a non - City- sponsored walk for the Council Members sometime in April, 2008. He noted that he will consult with City Attorney Kenyon regarding noticing requirements. 13. CITY MANAGER'S /CITY ATTORNEY'S REPORTS: 1. Jewish Free Clinic Building Fees: City Manager Donley reviewed the contents of the Memorandum per this matter. Council discussion /direction: Council CONCURRED with the recommendation of City Manager Donley, as outlined in the Memorandum, to direct staff to prepare fee deferral authorization with necessary public benefit finding for approval by the Council at a future meeting. 2. Other informational items, if any: a. Comprehensive Work Plan: City Manager Donley provided an oral report on said matter, noting that all goals and work plans will be compiled in a single document for Council consideration at a later date. b. Meeting with PG &E: City Manager Donley provided an oral report on a meeting with PG &E last week regarding implementation of the Green Building Ordinance. 14. PUBLIC COMMENTS: None. ADJOURNMENT: Mayor Vidak- Martinez adjourned the City Council meeting at 9:10 p.m. to consecutively and separately convene the meetings of the Community Development Commission and the Rohnert Park Financing Authority. City of Rohnert Park CONCURRENT MEETINGS Minutes (8 of 9) November 13, 2007 for City Council /Comjnuuity Development CommissionlRohnert Park Financing Authority MINUTES FOR THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK Tuesday, November 13, 2007 Call to Order: 9:10 p.m. Roll Call: Breeze, Mackenzie, Smith, Stafford Absent: Vidak- Martinez (Out of town on City business — National League of Cities) Also present: Executive Director Donley, General Counsel Kenyon, and Assistant Executive Director Schwarz Unscheduled public appearances: None. 1. CDC CONSENT CALENDAR: Approval of Meeting Minutes for: CDC Portion of Regular Concurrent Meetings — October 23, 2007 2. Approval of CDC Bills /Demands for Payment in the amount of $209,619.29 3. CDC Resolutions for Adoption: 2007 -29 Submitting the Redevelopment Annual Report for Fiscal Year Ending June 30, 2007, to the City Council of the City of Rohnert Park 2007 -30 Authorizing and Approving the Eighth Amendment to the Agreement between the Sonoma County Community Development Commission and the Community Development Commission of the City of Rohnert Park 2007 -31 Authorizing and Approving an Affordable Housing and Loan Agreement by and among the Community Development Commission of the City of Rohnert Park, the City Council of the City of Rohnert Park and Rainbow - Copeland Creek, LLC A MOTION was made by Commissioner Breeze, seconded by Commissioner Smith, to approve the Consent Calendar. After the motion, reading was waived, and the CDC Consent. Calendar, as outlined in the agenda, was APPROVED 4 -0 -1 with Chairperson Vidak - Martinez absent. 2. ADJOURNMENT: There being no further business, Chairperson Pro Tempore Mackenzie adjourned the CDC meeting at 9:11 p.m. City of Rohnert Park CONCURRENT MEETINGS Minutes (9 of 9) November 13, 2007 for Ci nert Park Financing Authority MINUTES FOR THE ROHNERT PARK FINANCING AUTHORITY Tuesday, November 13, 2007 Call to Order: 9:11 p.m. Roll Call: Breeze, Mackenzie, Smith, Stafford Absent: Vidak- Martinez (Out of town on City business — National League of Cities) Also present: Executive Director Donley, General Counsel Kenyon, and Assistant Executive Director Schwarz Unscheduled public appearances: None. 1. RPFA CONSENT CALENDAR: Approval of Minutes for: RPFA Portion of Regular Concurrent Meetings — October 23, 2007 A MOTION was made by Member Breeze, seconded by Member Smith, to approve the RPFA Consent Calendar. After the motion, reading was waived, and the RPFA Consent Calendar, as outlined in the agenda, was APPROVED 4 -0 -1 with Chairperson Vidak - Martinez absent. 2. ADJOURNMENT: There being no further business, Chairperson Pro Tempore Mackenzie adjourned the meeting of the RPFA at 9:11 p.m. Katy Leonard Certified Shorthand Reporter C.S.R. 11599 "(Minutes written in absentia) Jake Mackenzie Mayor Pro Tempore City of Rohnert Park CITY OF ROHNERT PARK BILLS FOR APPROVAL November 27, 2007 173410 - 173700 Dated November 14, 2007 Council: i 1 r Miscellaneous to: T07: $2,438,554.24 TOTAL $2,438,554.24 a-1) 01 Council: �D RESOLUTION NO. 2007 -194 Copy to: CODV to: A RESOLUTION OF THE CITY COUNCIL OF "rHE CITY OF ROHNERT PARK REJECTING THE CLAIM OF Vanessa L. McClain [Alleged Automobile Damage from Construction Site] BE IT RESOLVED by the City Council of the City of Rohnert Park that that Claim dated October 31, 2007 and received November 5, 2007 for alleged damages is hereby rejected. DULY AND REGULARLY ADOPTED this-27h day of November; 2007. CITY , ROHNERT PARK - -- / - Mayor ATTE ity Clerk Rohnert Park Claim No. 2007 -22 1C`,A-enda Items, 2007'.11 -.-!'-07 2007-194.doc AA FOR RESO. NO. 2607 ' 19.S' to: ro: :� CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: November 27, 2007 Department: Community Development Department. Submitted By: Brian Goodman, Interim Community Development Assistant Submittal Date: November 13, 2007 Agenda Title: Committee on the Shelterless Community Development Block Grant Application Requested Council Action: Approve Resolution Supporting the Committee on the Shelterless Community Development Block Grant Application Summary: The Sonoma County Community Development Commission ( SCCDC) is accepting applications for Community Development Block Grant ( "CDBG ") community service funds for the 2008- 2009 program year for activities which benefit lower income households. One of the requirements for applying for CDBG funding from SCCDC is endorsement from the community in which the applicant serves. The Committee on the Shelterless (COTS) of Rohnert Park intends to apply for CDBG funds to assist its work of providing emergency shelters, transitional housing and supportive services for homeless children and adults. Enclosures: - Resolution -Letter from COTS requesting endorsement of 2008 -09 CDBG application 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 ( ) Regular Time (Approval O Public Hearing Required ( ) Not Recommended () Submitted with Comment O Policy Determination by o c' ( ) City Comments: r City Manager's Signature: Date: C �LCs RESOLUTION NO. 2007-195 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ENDORSING THE COMMITTEE ON THE SHELTERLESS (COTS) APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING TO HELP SUPPORT THE COTS PROGRAM FOR EMERGENCY SHELTERS, TRANSITIONAL HOUSING AND SUPPORTIVE SERVICES FOR HOMELESS CHILDREN AND ADULTS WHEREAS, the Sonoma County Community Development Commission (SCCDC) is taking applications for Community Development Block Grant (CDBG) community service funds for the 2008 -2009 program year for activities which benefit lower income households; WHEREAS, one of the requirements for applying for CDBG funding from SCCDC is endorsement from the community in which the applicant serves; WHEREAS, the Committee on the Shelterless (COTS) intends to apply for CDBG community services funds to provide services to low - income families in Rohnert Park; WHEREAS, the City of Rohnert Park commends COTS for its work in providing emergency shelters, transitional housing and supportive services for homeless children and adults. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rohnert Park that it strongly supports and endorses the COTS application for CDBG funds, in an amount not to exceed $150,000.00 and urges approval of its application. DULY AND REGULARLY ADOPTED this 27h day of November, 2007. ATTEST: City Clerk CITY OF ROHNERT PARK Mayor cc Committee on the Skelterless November 15'', 2007 City of Rohnert Park Brian Goodman 6750 Commerce Blvd. Rohnert Park, CA 94928 Dear Mr. Goodman, Thanks again to you and the City of Rohnert Park for your tremendous support of COTS' programs to help homeless families in your community. For the 2006.2007 fiscal year, COTS' Shared Housing program in Rohnert Park provided affordable housing and integrated support services for 21 homeless families,11of whom graduated into permanent housing. COTS kindly requests the support of the Rohnert Park City Council in the form of a Resolution as we apply to the Sonoma Community Development Commission for 2007 -2008 Community Development Block Grant (CDBG) and Federal Emergency Shelter Grant (FESG) funding. I have attached a resolution template for the Council to use and alter as necessary. if there are any questions, please contact Cat Taylor, out Development Officer, at 707- 765 -6530 x108 or cat @cots - homeless.org. We thoroughly enjoyed our visit to the Council November 13`s and. we look forward to continuing out effective partnership with the City. Thank you, Roger Kirkp ck Associate Executive Director Enclosures P.O. Box 2744 • Petaluma, CA 94953 -2744 • Phone: (707) 765 -6530 • Fax: (707) 765 -9043 • Email: info@cots- homeless.org • www.cots- homeless.org FOR RESO. NO. X007 Council: Miscellaneous Communications Agenda E Copy to: Copy to: CITY OF ROHNERT PARK 1 i 1d-1 1 rl COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: November 27, 2007 Department: Community Development Department Submitted By: Brian Goodman, Interim Community Development Assistant Submittal Date: November 13, 2007 Agenda Title: Sonoma County Adult and Youth Development Community Development Block Grant Application Requested Council Action: Approve Resolution Supporting the Sonoma County Adult and Youth Development Community Development Block Grant Application Summary: The Sonoma County Community Development Commission ( SCCDC) is accepting applications for Community Development Block Grant ( "CDBG ") community service funds for the 2008- 2009 program year for activities which benefit lower income households. One of the requirements for applying for CDBG funding from SCCDC is endorsement from the community in which the applicant serves. The Sonoma County Adult and Youth Development ( SCAYD) of Rohnert Park intends to apply for CDBG funds to provide emergency assistance for households suffering temporary financial difficulty by providing rental and deposit assistance and financial counseling. Enclosures: - Resolution -Letter from SCAYD requesting endorsement of 2008 -09 CDBG application 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 --�?) Approval O Public Hearing Required ( ) Not Recommended O Submitted with Comment ( ) Policy Determination by C cil ( ) City Comments: h City Manager's Signature: Date: !/�' RESOLUTION NO. 2007 -196 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ENDORSING THE SONOMA COUNTY ADULT AND YOUTH DEVELOPMENT (SCAYD) APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING TO HELP SUPPORT THE HOMELSS PREVENTION PROGRAM WHEREAS, the Sonoma County Community Development Commission (SCCDC) is taking applications for Community Development Block Grant ( "CDBG ") community service funds for the 2008 -2009 program year for activities which benefit lower income households; WHEREAS, one of the requirements for applying for CDBG funding from SCCDC is endorsement from the community in which the applicant serves; WHEREAS, the Sonoma County Adult and Youth Development (SCAYD) agency intends to apply for CDBG community services funds to augment the funding received from the City of Rohnert Park to provide services to low- income families in Rohnert Park at risk of becoming homeless; and . WHEREAS, the City of Rohnert Park supports SCAYD in providing emergency assistance for households suffering temporary financial difficulty by providing rental and deposit assistance and financial counseling. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rohnert Park that it strongly supports and endorses the SCAYD application for CDBG funding in the amount of $13,750.00 and urges approval of its application. DULY AND REGULARLY ADOPTED this 27th day of November, 2007. ATTEST: City Clerk CITY OF ROHNERT PARK Mayor SCAYD Board of Directors J.T. Henley, DDS President Gina Belforte, CPM Vice President Investors Trust Stanley Steemer Joyce Rogers Secretary Rogers Realty Derrick West Treasurer SC Alcohol & Other Drug Services Mo Aimaq Community Volunteer Blanca Benitez Santa Rosa Police Dept /Parent Educator James Cobb, JD The Law Office of James K. Cobb Rev. Newt Kerney Cross & Crown Lutheran Church Rick Marraffino Exchange Bank Andre Morrow, Agent State Farm Insurance Toni Sprouse California Bank & Trust Cecelia Belle, MFT Executive Director James Gattis, MA, ATR Associate Director SONOMA COUNTY ADULT AND YOUTH DEVELOPMENT Our mission is to help all people in our community reach their highest potential. November 14, 2007 Mr. Brian Goodman Interim Community Development Assistant City of Rohnert Park 6750 Commerce Boulevard Rohnert Park, CA 94928 Dear Brian: SCAYD is seeking the support of the Rohnert Park City Council, in the form of a resolution, for our proposal for continued Community Development Block Grant funding in FY 2008 -09. A resolution is required from the city being served. Funding will go to support the Rohnert Park - Cotati Homeless Prevention Program, pioneered here by the City of Rohnert Park. Would you please include it on an upcoming agenda? Thank you for your assistance. Sincerely, Utz �Qk,- Cecelia Belle, .A. Executive Director Youth & Family Counseling / Juvenile Prevention & Diversion Programs Youth Employment Services / Family Advocacy / Homeless Prevention Services Mailing Address: P.O. Box 7078, Cotati, CA 94931 Site Address: 7345 Burton Avenue, Rohnert Park Phone: (707) 793 -9030 Fax: (707) 793 -9234 Website: www.scayd.org FOR RESO. NO. X07 - I q Council: CITY OF ROHNERT PARK PA�genJa COUNCIL A GENDA ITEM TRANSMITTAL REPORT Co:_ Meeting Date: November 27, 2007 C Department: Community Development Department Submitted By: Brian Goodman, Interim Community Development Assistant Submittal Date: November 13, 2007 Agenda Title: Resolution Authorizing and Approving a Subrecipient Funding Agreement for Use of FY 2007 -2008 Federal Program Funds with the Sonoma County Community Development Commission for Community Development Block Grant (CDBG) funding for the Community Center ADA Improvements Project Requested Council Action: Approve Resolution approving and authorizing Subrecipient Funding Agreement for use of FY 2007 -2008 Federal Program Funds by and between the Sonoma County Community Development Commission ( SCCDC) and the City of Rohnert Park for ADA Improvements to the Community Center (ADA Project). Summary: The SCCDC administers certain housing and community development activities with federal funding from the CDBG program. In Fiscal Year 2006 -07, $65,521 of CDBG funding was awarded for the ADA Project. The 2006 -07 Funding Agreement was amended on August 14, 2007; per City Council Resolution 2007 -130, to extend the agreement until the end of the 2007 -08 Fiscal Year as the project was not completed. A portion of the FY 2007 -08 CDBG funds have been reprogrammed making an additional $10,675.42 available for construction costs for the ADA Project. With these additional funds a total of $76,196.42 in CDBG funding is available for the ADA Project construction costs. Attached is the Funding Agreement for the City Council's consideration. Staff recommends the City Council approve the resolution authorizing and approving the Funding Agreement for use of reprogrammed funds by and between the Sonoma County Community Development Commission and the City of Rohnert Park. Enclosures: - Resolution - Subrecipient Funding 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:) Consent Item ( ) Regular Time Approval (} Public Hearing Required ( ) Not Recommended O Submitted with Comment ( ) Policy Determination by a c' ( ) City Comments: City Manager's Signature: Date: Q RESOLUTION NO. 2007 -197 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING A SUBRECIPIENT FUNDING AGREEEMENT FOR USE OF FY 2007 -2008 FEDERAL PROGRAM FUNDS WITH THE SONOMA COUNTY COMMUNITY DEVELOPMENT COMMISSION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR THE COMMUNITY CENTER AMERICANS WITH DISABILITIES ACT (ADA) IMPROVEMENTS PROJECT WHEREAS, the City of Rohnert Park participates in the Sonoma County Community Development Block Grant (CDBG) program; WHEREAS, the City of Rohnert Park submitted its application for 2007/2008 CDBG funds to assist with the funding of the Community Center ADA Improvement Project ( "Project "); WHEREAS, the Sonoma County Community Development Commission ( SCCDC) administers certain housing and community development activities with federal funding from CDBG; WHEREAS, on May 1, 2007, the Sonoma County Board of Supervisors, the governing board of the SCCDC approved the use of up to $174,479 of fiscal year 2007 -2008 CDBG program income and /or reprogrammed funds, should they become available for the Project; WHEREAS, the SCCDC has notified the City of Rohnert Park that 2007 -2008 CDBG funds in the amount of $10,675.42 have been reprogrammed and are now eligible to be used for construction costs for the Project; WHEREAS, the City of Rohnert Park desires to submit a reimbursement request to the SCCDC for additional CDBG funding for the ADA improvements to the Community Center; and WHEREAS, in order to receive the federal funds for the Project, the City must enter into a Subrecipient Funding Agreement with the Commission for use of the federal funds. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the Subrecipient Funding Agreement for use of FY 2007 -2008 Federal Program Funds by and between the Sonoma County Community Development Commission and the City of Rohnert Park. BE IT FURTHER RESOLVED by the City Council that the City Manager, or his designee, is hereby authorized and directed to execute this Subrecipient Funding Agreement and is further authorized to execute any documents pertaining thereto, including any future amendments, for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 27'11 day of November, 2007. ATTEST: City Clerk CITY OF ROHNERT PARK Mayor FUNDING AGREEMENT FOR USE OF FY 2007 -2008 FEDERAL PROGRAM FUNDS The following is an agreement. dated for conVenience as of _ 2007 by and between the Sonoma County Community Development Commission, hereinafter called "COMMISSION," and City of Rohnert Park, hereinafter called "CONTRACTOR." WITNESSETH: WHEREAS, COMMISSION administers certain housing and community development activities with federal funding from CDBG. FESG, and HOME, hereinafter called "Federal Funding "; and WHEREAS, the Sonoma County Board of Supervisors did on May 1, 2007, approve the use of up to $174,479 of fiscal year 2007 -2008 CDBG program income and /or reprogrammed funds, should they become available for Community Center ADA Improvements; NOW, THEREFORE, COMMISSION and CONTRACTOR for and in consideration of their mutual promises and agreements herein contained do agree as follows: 1. Term of Agreement: CONTRACTOR agrees to provide the services described in this Agreement for a period beginning July 1, 2007, and continuing until June 30, 2008, unless extended by mutual written agreement of the parties hereto or terminated pursuant to paragraph 13. 2. General Compliance: The Contractor agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)). The Contractor also agrees to comply with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Contractor further agrees to utilize federal funds available under this Agreement to supplement rather than supplant funds otherwise available. 3. Scope of Services: CONTRACTOR shall, in a manner satisfactory to COMMISSION, perform the services set forth in the following checked exhibits, attached hereto and incorporated herein by specific reference. TYPE OF RJNDING TYPE OF PROJECT ATTACHED EXHIBITS ❑FESG N CITY/TOWN ®EXHIBIT A -Scope of Services NCDBG ❑PUBLIC SERVICE ®EXHIBIT B- Budget ❑HOME ❑COUNTYWIDE /UNINCORPORATED N EXHIBIT C- Construction ❑AFFORDABLE HOUSING NEXHIBIT D- Davis -Bacon ❑CHD) NEXHIBIT E- Environmental ❑TBRA [A EXHIBIT F -CDBG- Funded Facilities ❑COUNTY -OWNED PUBLIC: FACILITIES ❑EXHIBIT G -HMIS IMPROVEMENTS []EXHIBIT H -HOME ❑ EXHIBIT I- CDBG/FESG /HOMF FY 2007 -2008 Page I 4. Payment: COMMISSION agrees to pay to CONTRACTOR amounts not to exceed the costs incurs -ed by CONTRACTOR consistent with the budget and other terms contained in Exhibit B attached hereto and incorporated herein by specific reference, and with other provisions of this Agreement. Reimbursement payment will be made in installments in accordance with Exhibit B. Budget, a fter CONTRACTOR submits adequate written documentation of the expenses incurred in a form specified by COMMISSION. Reimbursement requests should be submitted to COMMISSION at least quarterly. 5. Method and Place of Giving Notice,_ Submitting Bills and Making Payments: All notices, bills, and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills, and payments sent by mail should be addressed as follows: COMMISSION: Sonoma County Community Development Commission 1440 Guerneville Road Santa Rosa, California 95403 and when so addressed, shall be deemed given upon deposit in the United States Mail, postage prepaid. In all other instances, notices, bills, and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills, and payments are to be given by giving notice pursuant to this paragraph. 6. Assignment /Dele ation: Except as provided above, neither party hereto shall assign, sublet, or transfer any interest in or duty under, this Agreement without written consent of the other and no assignment shall be of any force or effect whatsoever unless and until the other party shall have so consented. 7. Operational Changes: CONTRACTOR shall forward any material modifications to its program, policies, or procedures to COMMISSION. 8. Subcontracts: CONTRACTOR shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. CONTRACTOR shall monitor all subcontracted services on a regular basis to ensure contract compliance_ CONTRACTOR shall undertake to ensure that all subcontracts let in the performance of this Agreement are awarded on a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to COMMISSION along with a summary description of the selection process. 9. Status of Contractor: The parties intend that CONTRACTOR, in performing the services herein specified, shall act as an independent contractor and shall have control of the work and the manner in which it is performed. CONTRACTOR is not to be considered an agent or employee of COMMISSION and is not entitled to participate in any pension plan, insurance, bonus, or similar benefits COMMISSION provides its employees. CDBG /FESG /tIOME FY 2007 -2008 Page 2 10. Insurance: With respect to performance of work under this Agreement, CONTRACTOR shall maintain and shall require all sub - contractors to maintain insurance as described below: a) Workers' Compensation Insurance Insurance with Statutory limits required by the Labor Code of the State of California. Said policy shall be endorsed with the following specific language: This policy shall not be canceled or materially changed without first giving thirty (30) days prior written notice to the Sonoma County Community Development Commission. b) General Liability Insurance Commercial or Comprehensive Liability insurance covering bodily injury and property damage utilizing an occurrence policy form, in an amount no Iess than $1,000,000 combined single limit for each occurrence. Said comprehensive or commercial liability insurance shall either be endorsed with the following specific language or contain equivalent language in the policy: 1. The Sonoma County Community Development Conunission, its officers and employees, are named as additional insured for all liability arising out of the operations by or on behalf of the named insured its the performance of this Agreement. 2. The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverage afforded shall apply as though separate policies had been issued to each insured, but the inclusion of more than one insured shall not operate to increase the limits of the company's liability. 3. The insurance provided herein is primary coverage to the Sonoma County Community Development Commission with respect to any insurance or self - insurance programs maintained by the Commission. 4. This policy shall not be canceled or materially changed without first giving thirty (30) days written notice to the Sonoma County Community Development Commission. c) Automobile Liability Insurance Insurance covering bodily injury and property damage in the amount no less than $1,000,000 combined single limit for each occurrence. Said insurance shall include coverage for owned, hired, and non -owned vehicles. Said policy shall be endorsed with the following language: This policy shall not be canceled or materially changed without first giving thirty (30) days prior written notice to the Sonoma County Community Development Commission. CD13CITESGrN0ME FY 2007 -2008 Page 3 d) Documentation The following documentation of insurance shall be submitted to the COMMISSION: 1. Properly executed Certificates of Insurance clearly evidencing all coverages, limits, and endorsements required above. Said Certificates shall be submitted prior to the execution of this Agreement by COMMISSION. 2. Signed copies of the specific endorsements for each policy_ Said endorsement copies shall be submitted within thirty (30) days of the execution of this Agreement. 3. Upon COMMISSION's written request, certified copies of insurance policies. Said policies shall be submitted within thirty (30) days of COMMISSION's request. e) Policy Obligations CONTRACTOR's indemnity and other obligations shall not be limited by the foregoing insurance requirements. t) Material Breach If CONTRACTOR, for any reason, fails to maintain insurance coverage that is required pursuant to this Agreement, the same shall be deemed in material breach of the contract. COMMISSION, at its sole option, may terminate this Agreement and obtain damages from CONTRACTOR resulting from said breach. Alternatively, COMMISSION may purchase such required insurance coverage and without further notice to CONTRACTOR, COMMISSION may deduct from sums due to CONTRACTOR any premium costs advanced by COMMISSION for such insurance_ These remedies shall be in addition to any other remedies available to COMMISSION_ 11. Indemnification: CONTRACTOR agrees to accept all responsibility for loss or damage to any person or entity, including but not limited to COMMISSION, and to defend, indemnify, hold harmless, reimburse and release COMMISSION, its officers, agents and employees from and against any and all actions, claims, damages, disabilities, liabilities and expense, including but not limited to attorneys' fees and the cost of litigation incurred in the defense of claims as to which this indemnity applies or incurred in an action by COMMISSION to enforce the indemiuty provisions herein, whether arising from personal injury, property damage or economic loss of any type, that may be asserted by any person or entity, including CONTRACTOR, arising out of or in connection with the performance of CONTRACTOR hereunder, whether or not there is concurrent negligence on the part of COMMISSION, but, to the extent required by law, excluding liability due to the sole or active negligence or duc to the willftd misconduct of COMMISSION. If there is a possible obligation to indemnify, CONTRACTOR's duty to defend exists regardless of whether it is ultimately determined that there is not a duty to indemnify. COMMISSION shall have the right to select its own legal counsel at the expense of CDBG /FESG!IIOMF FY 2007 -2008 Pave 4 CONTRACTOR, subject to CONTRACTOR's approval, which approval shall not be unreasonably withheld. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for CONTRACTOR or its agents under workers' compensation acts, disability benefits acts, or other employee benefit acts. 12. Mer er: This writing is intended both as the final expression of the Agreement between the parties hereto with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement, pursuant to California Code of Civil Procedure § 1856_ No modification of this Agreement shall be effective unless and until such modification is evidenced by a writing signed by both parties. 13. Termination: At any time and without cause, COMMISSION shall have the right in its sole discretion, to terminate this Agreement by giving written notice to CONTRACTOR for services rendered to such date. If CONTRACTOR shall fail to perform any of its obligations hereunder, within the time and in the manner herein provided or otherwise violate any of the terms of this Agreement, COMMISSION may terminate this Agreement by giving CONTRACTOR written notice of such termination. In such event, CONTRACTOR shall be entitled to receive full payment for all services satisfactorily rendered and expenses incurred hereunder. COMMISSION will &rive CONTRACTOR thirty (30) days written notice of termination of the Agreement. CONTRACTOR shall have the right to initiate the cure for the default within tlliri (30) days of the date of the written notice of termination of the Agreement and shall complete said cure within ninety (90) days of the date of the written notice of termination. Both parties have entered into this Agreement in reliance on the representation of the federal government that the program funding will continue. Notwithstanding any other provision of this Agreement, COMMISSION retains the right in its sole discretion and without notice to terminate or reduce the amount payable to CONTRACTOR under this Agreement in the event that the Federal govermrient does not fund in the amount projected at the time this Agreement is executed. CONTRACTOR agrees that maximum amount payable under this Agreement by COMMISSION shall not exceed the amount actually funded by the federal government. 14. Reporting_ CONTRACTOR agrees to provide a written quarterly report fifteen (15) days after the end of each quarter. Each quarterly report shall describe the progress of the project. Within fifteen (15) days after the termination date of this Agreement, CONTRACTOR agrees to submit to COMMISSION a final report that will address the accomplishments made during the funding period. All quarterly and final reports shall be submitted in a form specified by COMMISSION. 15. Amendments: The COMMISSION or CONTRACTOR may amend this Agreement at any time providing that such amendments make specific reference to this Agreement, and are executed in writing, signed by duly authorized representatives of both organizations, and approved by the COMMISSION's governing body. Such amendments shall not invalidate this CBG/FESG/HOME FY 2007 -2008 Page 5 Agreement, nor relieve or release the COMMISSION or CONTRACTOR from its obligations tinder this Agreement. The COMMISSION may, in its discretion, amend this Agreement to conform to federal, state or local governmental guidelines, policies, and changes in available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both COMMISSION and CONTRACTOR. 16. Publicity: Any publicity generated by CONTRACTOR for the work performed pursuant to this Agreement, during the term of this Agreement or for one year thereafter, will make reference to the contribution of COMMISSION in making the project possible. The words "Sonoma County Community Development Commission" will be explicitly stated in any and all pieces of publicity, including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. 17. Fair Housing and nd Equal Opportunity Certifications CONTRACTOR hereby assures and certifies that it will comply with the following Acts and /or Executive Orders: a) Civil Rip,hts Act of 1964 (Title VI) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.; P.L. 88 -352) and regulations pursuant thereto (Title 24 CFR Part I) states that no,person in the United States shall, on the basis of race, color, or national origin, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity receiving Federal financial assistance extended to CONTRACTOR. This assurance shall obligate CONTRACTOR, or in the case of any transfer, the transferee, for the period during which the real property and structure(s) are used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. b) Fair Housing Act of 1968 The Fair Housing Act (42 U.S-C. 3601 -3620; P.L. 90 -284) states that it is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States and prohibits any person from discriminating in the sale or rental of housing, the financing of housing, or the provision of brokerage services, including in any way making unavailable or denying a dwelling to any person, because of race, color, religion, sex, national origin, handicap or familial status. CONTRACTOR shall administer all programs and activities assisted under this Agreement in a manner to affrnnatively further the policies of the Fair Housing Act. CDBG /FF.SG /HOME FY 2007 -2008 Page 6 c) Executive Order 11063 -- Equal Opportunity in Housing, Executive Order 11063, as amended by Executive Order 12259, and regulations pursuant thereto (24 CFR Part 107), prohibits discrimination because of race, color, creed, sex, or national origin in the sale, leasing, rental or other disposition of residential property and related facilities (including land to be developed for residential use), or in the use or occupancy thereof, if such property and related facilities are provided with Federal financial assistance. d) Section 109 of the Housing and Community Development Act of 1974 Section 109 of the Housing and Community Development Act of 1974 states that no person in the United States shall on the basis of race. color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Section 109 further provides that any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or with respect to an otherwise qualified handicapped person as provided in section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) shall also apply to any program or activity funded in whole or in part with funds made available pursuant to Section 109. e) Executive Order 11246 -- Employment and Contracting Opportunities Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086 and 12107, and all regulations pursuant thereto (41 CFR Chapter 60) states that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in all phases of employment during the performance of Federal or federally - assisted construction contracts and affirmative action shall be taken to ensure equal employment opportunity. CONTRACTOR will incorporate, or cause to be incorporated, into any contract for construction work or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the federal government or borrowed on the credit of the federal government pursuant to a grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: f) Executive Order 13166 — Limited English Proficiency The Limited English Proficiency (LEP) Guidelines, based upon Title VI of the Civil Rights Act of 1964 (24 CRF 1.4 Executive Order 13166) requires recipients of federal funding to provide language translation or interpreter services to its clients and potential clients who are limited in English proficiency. A person with Limited English Proficiency (LEP) is a person who does not speak English as their primary language and who has a limited ability to read, write, speak or understand English. Affirmative steps must be taken to communicate with people who CDBG /FESG /HOME FY 2007 -2008 Page 7 need services or information in a language other than English. A policy must be developed to serve applicants, participants, and /or persons eligible for housing assistance and support services. The CONTRACTOR must analyze the various kinds of contacts it has with the public, to assess language needs and decide what reasonable steps should be taken. In order to determine the level of access needed by LEP persons, the following four factors must be balanced: I . the number or proportion of LEP persons eligible to be served or likely to be applying for program services; 2. the frequency with which LEP persons utilize these programs and services; 3. the nature and importance of the program, activity, or service provided; and 4. the benefits from providing LEP services, and the resources available and costs to the CDC for those services. Balancing these four factors will ensure meaningful access by LEP persons to critical services while not imposing undue burdens on the CONTRACTOR. CONTRACTOR shall develop and implement a LEP policy consistent with the above guidelines and provide the COMMISSION with copies of its LEP Policy. g) Section 504 of the Rehabilitation Act of 1973 Section 504 of the Rehabilitation Act of 1973, as amended, prohibits discrimination based on handicap in federally assisted and conducted programs and activities. h) Age Discrimination Act of 1975 The Age Discrimination Act of 1975, as amended, prohibits discrimination because of age in programs and activities receiving Federal financial assistance. i) Executive Orders 1 1625, 12432, 12138 - Minority and Women Owned Business Opportunities These Executive Orders state that program participants shall take affirmative action to encourage participation by businesses owned and operated by minority groups and women. 18. Other Federal Re uirernents a) Audit Requirements CONTRACTOR shall comply with audit requirements of the Office of Management and Budget, OMB Circular A -I 10 ( "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -profit Organizations ") and OMB Circular A -133 ( "Audits of States, Local Governments, and Non -Profit Organizations "). CDBG /FESG /HOME FY 2007 -2008 Page 8 Specifically, CONTRACTOR shall obtain an annual program specific or single audit, as required. CONTRACTOR shall provide a copy of such audit together with any management letters and supplementary or related audit letters or reports to COMMISSION within one hundred twenty (120) days after the end of the CONTRACTOR's fiscal year. The audit shall include a supplementary schedule showing all revenues and expenditures of CDBG fiends and other- federal funds for the fiscal year. b) Records CONTRACTOR agrees to make available for inspection and audit to representatives of COMMISSION, federal, state, and /or local county governments, their employees or agents, all books, financial records, program information, and other records pertaining to the overall operation of CONTRACTOR, and this Agreement and to maintain said records for a minimum of four (4) years from the date of COMMISSION's submission of the annual performance and evaluation report in which the funded activity is reported on for the final time. CONTRACTOR further agrees to allow said representatives to review and inspect its facilities and program operations. Said representatives may monitor the operation of this Agreement to assure compliance with all applicable local, state, and /or federal regulations. If COMMISSION should determine that CONTRACTOR is not using funds in accordance with this Agreement, or that the COMMISSION does not have sufficient information to determine whether or not the CONTRACTOR is using funds in accordance with this Agreement, COMMISSION may order an audit of CONTRACTOR's books and financial program records. The cost of this audit shall be deducted from the total paid to CONTRACTOR under this Agreement. CONTRACTOR agrees that in the event that the program established herewith is subjected to audit exceptions by COMMISSION agencies, it shall be responsible for complying with all exceptions and will pay to COMMISSION, the full amount of COMMISSION's liability. to the state and /or federal government resulting from such exceptions. CONTRACTOR, if a non - profit California Corporation, agrees to submit minutes of their Board of Directors meetings to the COMMISSION, electronically or in hard copy, in a timely fashion. All provisions of this Agreement that require availability of records or reporting shall survive termination of this Agreement. c) Conflict of Interest 1. Interest ofMembers of a City or Count_Y_ No members of the governing body of a city or county and no other officer, employee, or agent of the city or county who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Agreement; and the CONTRACTOR shall take appropriate steps to assure compliance. CDBG /I'ESG /HOME FY 2007 -2008 Page 9 2. Interest of Other Local Public Officials: No members of the governing body of the locality and no other public official of such locality, who exercises any function or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Agreement; and the CONTRACTOR shall take appropriate steps to assure compliance. 3. Interest of CONTRACTOR and Employees: CONTRACTOR understands that COMMISSION is a recipient of federal funds and that by virtue of this Agreement, CONTRACTOR is a subrecipient of those funds. As such, CONTRACTOR further understands that certain Federal laws relating to conflict of interest apply to CONTRACTOR, its officers, agents, employees, and constituents; specifically, those laws are contained in 24 CFR Section 85.36 and 84.42_ d) Program Income "Program income" means amounts received by CONTRACTOR generated from the use of federal funds as defined at 24 CFR 570.500. Program income includes, but is not limited to, the following: 1) proceeds from the disposition by sale or long -term lease of real property purchased or improved with federal funds; 2) proceeds from the disposition of equipment purchased with federal funds; 3) gross income from the use or rental of real or personal property acquired by CONTRACTOR with federal funds, less costs incidental to generation of the income; 4) gross income from the use or rental of real property, owned by CONTRACTOR, that was constructed or improved with federal funds, less costs incidental to generation of the income; 5) payments of principal and interest on loans made using federal funds; 6) proceeds from the sale of loans made with federal funds; 7) proceeds from the sale of obligations secured by loans made with federal funds; 8) ' interest earned on program income pending its disposition; and 9) funds collected through special assessments made against properties owned and occupied by households not of low and moderate income, where the assessments are used to recover all or part of the federally funded portion of a public improvement. Any program income received by CONTRACTOR shall be immediately returned to COMMISSION. This provision shall survive the termination or expiration of this Agreement. e) Equipment In cases where equipment purchased with federal funds is sold, the proceeds shall be program income. Equipment not needed by CONTRACTOR for federally funded activities shall be transferred to COMMISSION for the federally funded program or shall be retained by CONTRACTOR after compensating COMMISSION. CDBG/FESG/IIOME FY 2007 -2008 Page 10 f) Reversion of Assets Upon expiration of this Agreement, CONTRACTOR shall transfer to COMMISSION any federal funds on hand at the time of expiration and any accounts receivable attributable to the use of federal funds. g) Compliance with OMB Circulars A -122, A -110, A -87 and 24 CFR Part 85 In cases inhere CONTRACTOR is a non -profit organization, CONTRACTOR shall comply with the requirements and standards of OMB Circular No. A -122, "Cost Principles for Non - Profit Organizations" and with the applicable sections of OMB Circular No. A- 110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non - Profit Organizations ", as listed in 24 CFR 570.502(b)(I) through (4), except as otherwise specified herein. In cases where CONTRACTOR is a governmental entity, CONTRACTOR shall comply with the requirements and standards of OMB Circular A -87 "Cost Principles for State, Local and Indian Tribal Governments" and with the applicable sections of 24 CFR Part 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments ", as listed in 24 CFR 570.502(a)(1) through (20), except as otherwise specified herein. h) Political Activity Prohibited None of the funds, materials, property or services contributed by COMMISSION or CONTRACTOR under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office. i) Lobbying Restrictions CONTRACTOR agrees, to the best of its knowledge and belief: No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and the language of this paragraph shall CDBG /FESG/HOME FY 2007 -2008 Page t t be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all contractors shall certify and disclose accordingly. j) Religious Activity Prohibited There shall be no religious worship, instruction, or proselytization as part of, or in connection with, the performance of this Agreement. k) Envirommental Standards The CONTRACTOR agrees to comply with the requirements of the National Environmental Policy Act of 1969 as specified in regulations issued pursuant to Section 104(8) of the Housing and Community Development Act and contained in 24 CFR part 58. 1) Use of Debarred, Suspended or Ineligible Contractors or Subcontractors The CONTRACTOR agrees that assistance provided under this Agreement shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the services of, or fund any contractor or subcontractor during any period of debarment, suspension, or placement in ineligible status (24 CFR Part 24). m) Publication Rights and Copyrights If this Agreement results in any copyrightable material or inventions, the COMMISSION reserves the right to royalty -free, non - exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for government purposes. IN WITNESS WHEREOF, the parties hereto have executed this instrument or caused this Agreement to be executed by their duly authorized agents this — day of )2007. App wW As to forms i i SONOMA COUNTY COMMUNITY DEVELOPMENT COMMISSION Kathleen H. Kane, Executive Director CITY OF ROHNERT PARK By: Stephen Donley, City Manager CDBG /FF.S6 /H0ME FY 2007 -2008 Page 12 EXHIBIT A Scope of Service CONTRACTOR: Stephen Donley, City Manager City of Rohnert Park 6750 Commerce Boulevard Rohnert Park, California 94928 Community Center ADA Improvements This project addresses Americans with Disabilities Act (ADA) improvements to be made to the Community Center and its facilities. The project site serves residents in the entire Rohnert Park community, as well as visitors from other surrounding communities. Accessible parking and drop -off zone, and entry door corrections are to be made to meet accessible requirements. Compliant accessible entrance signage will be installed at building entrances and room and restrooms entryways. Modification of the restrooms and kitchen facilities and fixtures will be completed to make them ADA compliant. Certain electrical and mechanical items that are non- compliant will be relocated. The lobby services counter, all - purpose room, water fountains, telephones, and stage will also be altered to enhance accessibility_ CDBG /FESG /HOME FY 2007 -2008 Page 13 EXHIBIT B Budget City of Rohnert Park Community Center ADA Improvements ACTIVITY Construction Costs TOTAL: $10,675.42 $10,675.42 1. The total project budget is $331,500, $174,479 (52.6 %) with the entire amount coming from reprogrammed CDBG funds, a portion of which has become available. Project approved for funding 5/2/07 $0.00 Reprogrammed funds allocated 11/1/07 $10,675.42 TOTAL FY 07 -08 CDBG fiends $10,675.42 CDBG /FESG /HOME FY 2007 -2008 Page 14 EXHIBIT C Construction Flood Disaster Protection: In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the CONTRACTOR shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). 2. Lead -Based Paint: The CONTRACTOR agrees that any activities carried out with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35. Such regulations pertain to all HUD - assisted housing and require the proper disclosure of any known or possible presence of lead -based paint (LBP) and LBP hazards, and the notification, evaluation and reduction of lead -based paint hazards in all residential structures constructed prior to 1978 according to Sections 1012/1013 of Title X, Residential Lead -Based Paint Hazard Reduction Act of 1992, as referenced. Historic Preservation: The CONTRACTOR agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Office for all ground- disturbing activities and for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on or are eligible for a federal, state, or local historic property list. 4. Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and Subcontracts Which Exceed $100,000): The CONTRACTOR shall comply with and require each subcontractor to comply with all applicable standards of the Clean Air Act of 1970, the Clean Air Act of 1990, the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended, and the regulations of the Enviromnental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. 5. CONTRACTOR hereby assures and certifies that it will comply with the following Acts and /or Executive Order: Section 3 Requirements Compliance with the provisions of Section 3 of the Housing and Urban Development Act of 1968, as amended, and with the implementing regulations set forth in 24 CFR Part 135, shall be a condition of the assistance provided under this contract. CONTRACTOR shall comply with these Section 3 requirements and with the Section 3 Affirmative Action Plan. CDBG/FESG /HOME FY 2007 -2008 Page 15 Section 3 Clause 1. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1741u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons who are recipients of HUD assistance for housing. 2. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. 3. The CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the CONTRACTOR's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. 4. The CONTRACTOR agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in, 24 CFR Part 135. The CONTRACTOR will not subcontract with any subcontractor where the CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. 5. The CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the CONTRACTOR is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part 135. CDBG /FESG /HOME FY 2007 -2008 Page 16 6. Noncompliance with HUD's regulations in 24 CI~R Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 7. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the hndian Self - Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). CDBG /FESG /HOME FY 2007 -2008 Page 17 EXHIBIT D Davis -Bacon Act and Related Acts Federal Labor Standards: The CONTRACTOR agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act, the Copeland "Anti- Kickback" Act (40 USC 276a- 276a -5; 40 USC 327 and 40 USC 276c) and all other applicable federal, state, and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. As applicable, CONTRACTOR shall maintain documentation that demonstrates compliance with hour and wage requirements of this paragraph. Such documentation shall be made available to COMMISSION for review upon request. The CONTRACTOR agrees that, except with respect to rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000 for construction, renovation or repair work financed in whole or in part with assistance provided under this Agreement, shall comply with Federal requirements pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the CONTRACTOR of its obligation, if any, to require payment of the higher wage. The CONTRACTOR shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. To the extent that the use of these funds or other funding sources may require, CONTRACTOR also shall comply with the applicable prevailing wage laws of the State of California, specifically including Labor Code section 1720. CDBG /FESG /FIOME FY 2007 -2008 Page 18 EXHIBIT E Environmental Standards Review by COMMISSION staff indicates that the project is Categorically Excluded and includes a ground disturbing activity. CONTRACTOR has completed the appropriate environmental review. CDBG /FESG,/IIOME FY 2007 -2008 Page 19 EXHIBIT F CDBG- Funded Facilities Real Property: CONTRACTOR may not change the use of any real property acquired or improved in whole or in part with CDBG funds from that for which the acquisition or improvement was made until and unless CONTRACTOR provides COMMISSION with at least 60 days' notice of the proposed change in the use of the property, in order to allow COMMISSION to provide affected persons with reasonable notice of and an opportunity to comment on any proposed change. CONTRACTOR agrees that any proposed change shall meet one of these two criteria: 1. The new use of the property qualifies as meeting one of the national objectives established in 24 CFR Part 570.208 (formerly 24 CFR Part 570.901) and is not a building for the general conduct of government, or 2. If, after consultation with affected persons COMMISSION determines that it is appropriate to change the use of the property to a use which does not qualify under paragraph 1 above, CONTRACTOR may retain or dispose of the property for the changed use if CONTRACTOR reimburses COMMISSION in the amount of the then - current fair market value of the property, less any portion of the value attributable to expenditures of non -CDBG funds for acq?.iisition of, and improvements to, the property. CDBG /FESG /HOME FY 2007 -2008 Page 20 Agenda Packet Preparation T] MELINES for Regular City Council Meetings held on the 2°`1 & 4 "' Tuesdays of each month: Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via email to review for "approvals as to form" DUE no later than NOON Tr-'o (2)'ruesdays prior to Council meeting dates Agenda Items with related attachments via email to City Clerk DUE no later than NOON Tr+o (2) Fridays prior to Council meeting dates Agenda Draft rev =ieNv by Maven City Manager; Assistant City Attorney, City Clerk no later iban Tuesday mornings One (1) week prior to Council meeting dates Agenda Packets distributed to City Council and Agendas posted /distributed /mailed on Wednesday afternoons One (1) �N eel, prior to Council meeting dates for compliance with Rohnert Park Municipal Code Section 2.08.M {This section for City Clerk Use Onhly FOR RESO. NO. AV Council: X Miscellaneous Communications Copy to: CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: November 27, 2007 Department: Dept. of Public Works /Engineering Division Submitted By: Ellen Beardsley, Administrative Assistant Submittal Date: November 19, 2007 Agenda Title: Notice of Completion for the Community Center ADA Upgrades, Beam Replacement & Painting Project, Project No. 2005 -05 Requested Council Action: Approve Resolution Accepting the Community Centel- ADA Upgrades. Beam Replacement & Painting Project, Project No. 2005 -05, as Complete and Authorizing Execution of the Notice of Completion. Sun)nlarv: The Contractor, DeCarli /Francois Construction, Inc., has completed the Rohnert Park Community Center ADA Upgrades, Bea1n Replacement & Painting Project, Project No. 2005 -05. The City Engineer recommends that Council accept the work at this time, and direct him to file the Notice of Completion. Upon expiration of the allotted time for liens to be filed (35 days) the final retention will be paid to the contractor. This project consisted of an upgrade of the interior and certain exterior features to current Americans with Disabilities Act (ADA) accessibility standards, the repair of water - damaged truss chords, and the exterior painting of the building. Enclosures: Resolution, Certificate of Completion; Construction Manager Recommendation Letter 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: j) Consent Item O Regular Time ') Approval ( ) Not Recommended ( ) Policy Determination by ( ) City Connnents: City Manager's Sign ( ) Public Hearing Required ( ) Submitted with Comment RESOLUTION NO. 2007-198 RESOLUTION OF THE ROHNERT PARK CITY COUNCIL ACCEPTING PROJECT AND DIRECTING THE CITY ENGINEER TO FILE NOTICE OF COMPLETION FOR THE COMMUNITY CENTER ADA UPGRADES, BEAM REPLACEMENT & PAINTING PROJECT PROJECT NO. 2005-05 WHEREAS, the City Engineer has determined that all of the work provided to be done under and pursuant to the contract between City and DeCarli /Francois Construction, Inc., dated June 12, 2007, has been completed and; WHEREAS, it appears to the satisfaction of this Council that said work under said contract has been completed and done as provided in said contract and the plans and specifications therein referred to. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. That acceptance of said work be, and is hereby made, and ordered accepted. 2. That the City Engineer is directed to execute and file for record with the County Recorder of the County of Sonoma, Notice of Completion thereof, pursuant to Section 3093 of the Civil Code of the State of California. DULY AND REGULARLY ADOPTED this 27`" day of November, 2007. ATTEST: City Clerk CITY OF ROHNERT PARK Mayor CERTIFICATE. OF CON PI.ETION COMMUNITY CENTER ADA UPGRADES, BEAM REPLACEMENT & PAINTING PROJECT PROJECT NO. 2005-05 I, Darrin W. Jenkins, City Engineer of the City of Rollnert Park, California, do hereby certify that the work and improvements hereinafter described_ the contract for doing which was entered into by and between the City of Rohnert Park and DeCarli /Francois Construction, Inc., dated June 12, 2007, was completed to my satisfaction on November 19, 2007. That said work and improvements generally consisted of an upgrade of the interior and certain exterior features to current Americans with Disabilities Act (ADA) accessibility standards, the repair of water - damaged truss chords, and the exterior- painting of the building, as more particularly described in the plans and specifications approved by the City Council of the City of Rohnert Park "on June 12, 2007. DATED: November 19, 2007 City Engineer- GREYSTONE WEST COMPANY 19670 EIGHTH STREET ET EAST • SONOMA, CA 95476 707 - 933 -0624 • FAx 707 -996 -8390 November 16, 2007 City of Rohnert Park Attention: Darrin Jenkins 6750 Commerce Boulevard Rohnert Park, CA 94928 RE: Rohnert Park Community Center ADA Upgrades, Beam Replacement & Painting Project. 2005 -05 SUBJECT: Recommendation to file Notice of Completion City of Rohnert Park, As the City's Construction Manager we recommend the closeout of Project 2005 -05 Rohnert Park Community Center ADA Upgrades, Beam Replacement & Painting Project. The City Inspector George Frostick has confirmed all punch lists, and close out documents have been completed and accepted as of November 13, 2007. As the City's Construction Manager we recommend the Notice of Completion to be filed. Please do not hesitate to contact Greystone West with any questions or concerns. Regards, Kris M e Greystone West Company Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2" d & 4`h Tuesdays of each month: Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via email for review and approval as to form DUE no later than NOON Three (3) Mondays prior to Council meeting date Agenda Items w /attachments via email and hard copy to City Clerk DUE no later than NOON Two (2) Mondays prior to Council meeting date Agenda Draft review by Mawr. City Manager. Assistant City Attorney, City Clerk no later than Tuesday morning One (1) week prior to Council meeting date Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on Wednesday afternoon One (1) week prior to Council meeting date in compliance with Rohnert Park Municipal Code Section 2.08.050 {This section for City Clerk Use Only,i FOR RESO. NO, aW7- ICiq Council: X Miscellaneous Communications Agenda: 11127107 X 11/21/07 -TG Copy to: CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: November 27, 2007 Department: Recreation Submitted By: Guy Miller, Recreation Services Manager (Alarm & Title) Submittal Date: November 6. 2007 Agenda (Sukiect only) Title: Renewal of Senior Center Crafts Shoppe Lease Requested Council Action: Approve the new lease for the Senior Center Crafts Shoppe for an additional three one -year terms. Summary: The Senior Center Crafts Shoppe, a non - profit organization, operates the crafts shop located in the Rohnert Park Senior Center. The shop sells handcrafted items on a consignment bases. A rental /lease fee of ten percent of the gross revenue is paid to the city on a monthly basis. This agreement renews this lease /rental arrangement for a period of one year, renewable for a total of three consecutive years. The city enjoys a mutually beneficial relationship with the Crafts Shoppe and staff recommends renewal. Enclosures: Contract Extension and Resolution 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 ( ) Regular Time Approval ( ) Public Hearing Required ( ) Not Recommended O Submitted with Comment ( ) Policy Determination by o nc ( ) City Comments: City Manager's Signature: Date: (Revised 0507) )tl:" G- S:05 -b RESOLUTION NO. 2007-199 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING A LEASE AGREEMENT WITH THE SENIORS' CRAFT SHOPPE FOR ROOM SPACE AT THE ROHNERT PARK SENIOR CENTER, 6800 HUNTER DRIVE, SUITE A, ROHNERT PARK WHEREAS, a portion of the building located at 6800 Hunter Drive, Suite A, which hereinafter shall be referred to as the Rohnert Park Senior Center, continues to be used by the City of Rohnert Park as a Senior Center; WHEREAS, the Seniors' Craft Shoppe has leased space in the Rohnert Park Senior Center to store, display, and sell crafts; and WHEREAS, the design of the Rohnert Park Senior Center incorporated space for the operation of a craft shop. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that the lease agreement entitled "Rohnert Park Senior Center Space Lease /Rental, Seniors' Craft Shoppe" for space rental at the Rohnert Park Senior Center, dated January 1, 2008, by and between the City of Rohnert Park and the Seniors' Craft Shoppe is hereby approved. DULY AND REGULARLY ADOPTED this 27'" day of November, 2007. CITY OF ROHNERT PARK Mayor ATTEST: Deputy City Clerk ROHNERT PARK SENIOR CENTER SPACE LEASE /RENTAL, SENIORS' CRAFT SHOPPE 1. Date and Parties This LEASE AGREEMENT, ( "LEASE "), effective this first day of January, 2008 ( "Effective Date "), between the City of Rohnert Park, a municipal corporation, ( "Landlord" or "City "), and the Seniors' Craft Shopper a California non - profit corporation ( "Tenant "). 2. Leased Premises City hereby leases to Tenant, and Tenant leases from City, for the Term (defined below) for the Rent (defined below) and upon the conditions set forth herein, those certain premises situated in the City of Rohnert Park, County of Sonoma, State of California, more particularly described as follows ( "Premises ") - A space containing approximately 485 square feet located at 6800 Hunter Drive, Suite A. 3. Covenants It is mutually agreed this Lease is upon and subject to the following terms, covenants, and conditions and the Tenant covenants as a material part of the consideration for this lease, to keep and perform each and all of said terms, covenants, and conditions, and this Lease is made upon the condition of such performance. 4. Use The Premises are to be used for the storage, display, and consignment sales of crafts on such days and at such times as correspond to the regular operating days and hours, or portion thereof, of the Rohnert Park Senior Center, and for no other business or purpose, without the written consent of the City. Tenant shall not use the Premises or permit acts to be done on the Premises which would increase the existing rate or cause the cancellation of any existing insurance coverage for the Premises or the building thereon, or any part thereof. Tenant shall not sell or permit to be kept, used, or sold, in or about the Premises, any item which would be prohibited by the standard form of fire insurance policies. 5. Term The term ( "Term ") of this Lease shall be three (3) successive one (1) year terms, commencing on the Effective Date and automatically renewing each year. The Lease shall terminate on December 31, 2010, unless: (i) either party elects to terminate this Lease earlier by providing ninety (90) days prior written notice of termination to the non - terminating party, or (ii) in the event City terminates this Lease due to a default by Tenant in accordance with Section 16. 10>4311v2A 80078/0042 ROHNERT PARK SENIOR CENTER SPACE LEASE /RENTAL, SENIORS' CRAFT SHOPPE January 2008 — 2010 Page 2 6. Rental Tenant shall pay City, no later than the 15th day of each calendar month during the Term beginning January 15, 2008, at the office of the City or such other place designated by the City, without any prior demand therefore, and without any deduction or set -off whatsoever, as monthly rental for the Premises, ten percent (10 %) of total gross revenues from all sales made by Tenant during the previous calendar month ( "Rent "). 7. Report of Gross Consignment Sales Revenues Tenant agrees to submit to the City by the 15th day of each calendar month beginning January 15, 2008 at the office of the City or such other place designated by the City, a financial report of gross sales revenues received by Tenant during the previous calendar month. Tenant shall maintain and preserve at the Premises, for at least one year, its books and records which support or contain information used in connection with Tenant's preparation of the financial reports described in this Section 7. From time to time, City shall have the right during business hours to make any examination or audit of such books and records. If any such audit discloses that the actual gross sales revenues by Tenant was underreported by more than five percent (5 %), Tenant shall pay the reasonable costs of such audit and examination. 8. Exemption and Indemnification of the City of Rohnert To the full extent permitted by law, Tenant shall indemnify, hold harmless, release and defend (with counsel acceptable to City) City and its officials, employees, volunteers and agents from and against any and all actions, claims, demands, damages, disability, losses, expenses including attorney's fees and other defense costs and liabilities of any nature that may be asserted by any person or entity including Tenant, arising out of or connected with the conduct or management of the business conducted by Tenant on or about the Premises, or the occupancy or use by Tenant of the Premises or any party thereof, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to this tease or from any acts or omissions of Tenant or any person on or about the Premises by license or invitation of Tenant or occupying the Premises or any part thereof under Tenant, excepting damage caused by the sole negligence or willful misconduct of City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Tenant under Worker's Compensation, disability or other employee benefit acts, or the terms, applicability or limitations of any insurance held or provided by Tenant. Tenant's indemnification obligations under this Section 8 shall survive the termination of this Agreement. 9. Waiver of Loss The City and its officials, employees, volunteers and agents will not be liable and /or held responsible for the loss of or damage to any items displayed or stored by Tenant in the Premises due to theft, fire, flood, earthquake or otherwise. Any such losses are the sole 105431 1 v ', 80078/0042 ROHNERT PARK SENIOR CENTER SPACE LEASE /RENTAL, SENIORS' CRAFT SHOPPE January 2008 — 2010 Page 3 responsibility of the Tenant. All property of Tenant kept or stored on or in the Premises shall be kept or stored at the sole risk of Tenant and Tenant shall hold City harmless from any claims arising out of damages to the same, including subrogation claims by Tenant's insurance carriers. 10. Statement Regarding Possessory Interest Tax This Lease creates a possessory property interest in Tenant. Tenant's property interest may be subject to property taxation, and Tenant and /or any other party, in whom possessory interest is vested may be subject to the payment of property taxes levied on such possessory property interest_ 11. Utility Charges So long as Tenant is not in default under this Lease, City will pay reasonable charges for heat, water, sewer, gas, electricity, garbage service, and janitorial service for the Premises. 12. Advertising / Publicity Tenant, at its sole cost and expense, shall pay for and be solely responsible for all advertising or publicity incidental to its operations. 13. Assignment and Subletting Tenant acknowledges that it has entered into this Lease in order to acquire the Premises for its own personal use and has not entered into this Lease for the purpose of obtaining the right to convey the leasehold to others. Tenant will not assign or encumber the Lease in whole or in part, nor sublease all or any part of the Premises or allow any other person or entity to occupy all or any part of the Premises, without the prior written consent of the City. 14. Waste, Nuisance, Additions and Alterations Tenant will not commit, or cause to be committed, any waste upon the Premises, or any public or private nuisance, or other act or thing which may disturb the quiet enjoyment of the City, the public, or any other tenant in the building in which the Premises is located. Tenant will not make, or cause to be made, any alterations, decorations, additions, improvements, or fixtures to the Premises for any reason whatsoever, including the purposes of advertising or publicity, without the prior written consent of the City. Upon the termination of this Lease, all such alterations, decorations, additions, improvements and fixtures, and any personal property left on the Premises shall become the property of the City without compensation to the Tenant; provided, however, that City shall have the option to require Tenant, at Tenant's sole cost and expense, to remove said items and repair any damage thereby caused to the Premises. 105431 1v2 80078/0042 ROHNERT PARK SENIOR CENTER SPACE LEASE /RENTAL, SENIORS' CRAFT SHOPPE January 2008 — 2010 Page 4 15. Governmental Regulations Tenant shall, in Tenant's use of the Premises and at its sole cost and expense, comply with all the requirements of county, municipal, state and federal laws applicable to this Lease and Tenant's use of the Premises and any and all other applicable laws from governmental authorities now in force, or which may hereafter be in force. 16. Default of Tenant In the event of any failure of the Tenant to: (i) pay when due any rental or other payment obligation hereunder, or, (ii) perform any other of the terms, conditions or covenants of this Lease to be observed or performed by the Tenant, Tenant shall be deemed to be in default of this Lease. If such default continues for thirty (30) days after written notice from City to Tenant specifying the default, City, in addition to all other rights or remedies City may have hereunder or by law or in equity, shall have the sole option to terminate this Lease to be effective immediately upon notice to Tenant. 17. Entry and Inspection Tenant will permit the City and its agents to enter into and upon the Premises at all reasonable times for the purpose of inspecting same, making alterations or additions to the Premises or to any other portion of the building in which the Premises are situated, or to clean and maintain the Premises or any other portion of the building in which the Premises are situated, without any rebate or rent to the Tenant for any loss of occupancy or quiet enjoyment of the Premises, or damage, injury or inconvenience thereby occasioned. The City will permit the Tenant and its agents access through common areas and other portions of the building in which the Premises are situated at all reasonable times. 18. Notice. Notice is considered given either (1) when delivered in person to the recipient named as below, or (2) two days after deposit in the United States mail in a sealed envelope or container, either registered or certified mail, return receipt requested, postage and postal charges prepaid, or (3) the next business day if sent by nationally recognized courier service addressed by name and address to the party or person intended as follows: To Landlord: City of Rohnert Park City Manager 6750 Commerce Boulevard Rohnert Park, CA 94928 1054311 v2 80078/0042 ROHNERT PARK SENIOR CENTER SPACE LEASE/RENTAL, SENIORS' CRAFT SHOPPE January 2008 — 2010 Page 5 To Tenant: Seniors' Craft Shoppe Rohnert Park Senior Center 6800 Hunter Drive, Suite A Rohnert Park, CA 94928 19. Miscellaneous. 19.1 Time of Essence. Time is of the essence of this Lease. 19.2 Attorneys' Fees. In any action or proceeding which either party brings against the other to enforce its rights hereunder, the unsuccessful party shall pay all costs incurred by the prevailing party, including reasonable attorneys' fees, which amounts shall be a part of the judgment in said action or proceeding. 19.3 Severability. If any provision of this Lease or the application of any such provision shall be held by a court of competent jurisdiction to be invalid, void or unenforceable to any extent, the remaining provisions of this Lease and the application thereof shall remain in full force and effect and shall not be affected, impaired or invalidated. 19.4 Law. This Lease shall be construed and enforced in accordance with the laws of the state of California, without reference to its choice of law provisions. 19.5 No Option. Submission of this Lease to Tenant for examination or negotiation does not constitute an option to lease, offer to lease or a reservation of, or option for, the Premises; and this document shall become effective and binding only upon the execution and delivery hereof by City and Tenant. 19.6 Third Party Beneficiaries. Nothing herein is intended to create any third party benefit. 19.7 Headings. Section headings have been inserted solely as a matter of convenience and are not intended to define or limit the scope of any of the provisions contained therein. 19.8 Prior Agreements. This Lease contains all agreements of the parties with respect to the use of the Premises by Tenant as of the Effective Date. No provision of any prior agreement or understanding, oral or written, specifically pertaining thereto shall be effective. 19.9 Severability. The invalidity of any provision of this Lease as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. 1054311 v2A 80078/0042 ROHNERT PARK SENIOR CENTER SPACE LEASE /RENTAL, SENIORS' CRAFT SHOPPE January 2008 — 2010 Page 6 19.10 Authorship; Amendments. This Lease is a jointly negotiated work product and authorship shall not be ascribed to any particular party. This Lease may be modified in writing only, signed by the parties in interest at the time of the modification_ 19.11 Waivers. No waiver of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach of the same or any other provision. The acceptance of Rent by City shall not be a waiver of any preceding breach by Tenant of any provision hereof. 19.13 Counterparts. This Lease may be executed (whether simultaneously or on separate counterpart pages) in more than one counterpart, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, City and Tenant have hereunto and to a duplicate hereof, set their respective hands and seals, the day and year first written above written_ CITY OF ROHNERT PARK SENIORS' CRAFT SHOPPE a municipal corporation a California non - profit corporation By: Mayor Manager Signature provisions (City approval required) ATTEST: Deputy City Clerk APPROVED AS TO FORM: Z�� - City Attorney 1054311 v2A 80078/0042 Agenda Packet Preparation TIMELINES for Regular City Council Meetings This section for City Clerk Use Only} held on the 2" a & 4 1 Tuesdays of each month: �] • Resolutions (other than standard formats for authorizations and approvals), Ordinances & FOR RESO. NO. Agreements to Assistant City Attorney via email for review and approval as to form DUE no later than NOON Three (3) Mondays prior to Council meeting date Council: • Agenda Items w /attachments via email and hard copy to City Clerk DUE no later than Miscellaneous NOON Two (2) Mondays prior to Council meeting date Communications • Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later Agenda than Tuesday morning One (1) week prior to Council meeting date Copy to: • Agenda Packets distributed to City Council and Agendas posted /distributed/mailed on Copy to: Wednesday afternoon One (1) week prior to Council meeting date in compliance with DI Rohnert Park Municipal Code Section 2.08.050 CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: November 27, 2007 Department: Recreation Submitted By: Guy Miller, Recreation Services Manager (Name B Title) Submittal Date: November 5, 2007 AgendaTitle: Adjustments to Part-time Employee Rates of Pay Requested Council Action: Approve proposed Miscellaneous Part -Time Pay Scale. Summary: The State Legislation has passed a bill that raises the minimum wage by $.50 on January 1, 2008 to $8.00 per hour. The new minimum wage will be higher than the current entry -level of Pool Cashier so a rate adjustment will be necessary. This resolution proposes to combine the position of Pool Cashier with other entry level positions of Facility Attendant I and Recreation Leader I which have a starting wage of $8.08 per hour. This represents a cost to the city of approximately $300 per year. This change would be effective December 21, 2007 which corresponds to the first payroll paid in 2008. Enclosures: Resolution Proposed 08 pay rate scale 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 ( ) Regular Time -- )"1 ^ Approval ( ) Public Hearing Required ( ) Not Recommended ( ) S itted t Comment ( ) Policy Determination b uncil ( ) City Comments: City Manager's Signature: Date: aHG-S:07b % (Revised 0l RESOLUTION NO. 2007-200 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING ADJUSTMENTS TO MISCELLANEOUS PART -TIME PAY RATES AND RANGES TO MEET MINIMUM WAGE REQUIREMENTS WHEREAS, Rohnert Park relies heavily on a part-time labor force to operate the swimming pools, Sports & Fitness Center, summer camps. after school programs, and other programs; WHEREAS, the Recreation Department wishes to recruit and retain quality part- time employees to perform these tasks; WHEREAS, it is necessary to periodically adjust part-time salaries to allow for the increased cost of living and competition for this part -time labor force; and WHEREAS, California State Minimum Wage is proposed to increase by $0.50 on January 1, 2008, and one of the Recreation Department's part time positions will then be lower than the minimum wage. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve certain adjustments to miscellaneous part-time salary ranges and rates as set forth in the attached Exhibit "A." DULY AND REGULARLY ADOPTED this 27t" day of November, 2007. CITY OF ROHNERT PARK Mayor ATTEST: Deputy City Clerk PAY RATES AND RANGES MISCELLANEOUS PART -TIME EFFECTIVE 6/20/06 TITLE RANGE STEP A STEP B STEP C STEP D STEP E Pool Cashier Facility Attendant I Recreation Leader I 34X 8.08 8.48 8.90 9.35 9.81 Scorekeeper Recreation Leader II Facility Attendant II 37X 8.65 9.08 9.53 10.01 10.51 Lifeguard /Cashier 38X 8.88 9.33 9.79 10.28 10.80 Instructor /Lifeguard I (WSI) 40X 9.33 9.80 10.28 10.80 11.35 Instructor /Lifeguard II (LGI) 41X 9.49 9.96 10.46 10.99 11.54 Senior Rec. Leader 43X 9.79 10.28 10.80 11.33 11.89 Senior Lifeguard Sports Center Coordinator 45X 10.53 11.05 11.60 12.19 12.80 Pool Manager 53X 11.89 12.49 13.12 13.76 14.46 Recreation Coordinator Senior Pool Manager 59X 13.12 13.78 14.46 15.19 15.94 Clerical UD to $20.00 /hour Special Instructor Up to $30.00/hr EXHIBIT A City of Rohnert Park Updated 11/19/2007 MEMORANDUM Office of the City Manager DATE: I November 27, 2007 FOR RESO. NO. a ppq- 010 I TO: Honorable Mayor Vidak- Martinez and Members of the City Council FROM: Stephen Donley, City Manager SUBJECT: SUMMARY INFORMATION REGARDING LABOR AGREEMENTS AND OUTLINES The purpose of this memorandum is to provide the City Council with summary information on the financial impact of labor agreements and outlines. RETIREE MEDICAL Below is a historical summary of the City's retiree medical liability: Actuarial accrued liability: 1999 = $8,968,000 2003 = $38,500,000 2005 = $52,336,000 2007 = $56,041,000 In cooperation with the City's bargaining groups, this liability has been reduced to $27,600,000. This reduction is due to two factors: (1) investment in CalPERS trust fund with growth based on historic CalPERS investments returns, (2) development of additional vesting period tiers and tying the benefit to active medical benefits. These changes reduced the City's annual contribution from approximately $5.0 million to $3.1 million and created a sustainable benefit for current and future retirees. The FY 2007 -08 budget adopted by the City Council fully funds the annual retiree medical contribution ($2.0 million to trust fund, $1.1 million to pay current retiree medical insurance premiums). ACTIVE MEDICAL Employee health care costs have grown from $1.7 million in FY 2000 -01 to $3.3 million in FY 07 -08. Because of this, the City approached the bargaining groups with a proposal to share in the costs of providing health insurance. As a result the following agreement was met: For FY 2007 -08, the City pays 85% of the lowest priced health plan, employee pays 15 %. For FY 2008 -09, the City pays 80% of the lowest priced health plan, employee pays 20 %. In both fiscal years, the Kaiser plan has been adjusted from a $0 co -pay plan to a $20 co -pay plan. These changes will help manage future medical costs. For FY 2007 -08, active employee medical costs increased $147,000. SALARIES AND BENEFITS With the implementation of the labor agreements, salaries and benefits will increase $2.75 million in FY 2007 -08. Additional PERS contributions account for $1.8 million of this increase. To manage future increases of the City's PERS liability, the employee bargaining groups have agreed to reduce the retirement cost of living adjustment from 5% to 2 %. CONCLUSION The City Council directed staff to work with the bargaining groups to maintain industry standards with similar jurisdictions in regards to total compensation (salary and benefits). Based on compensation surveys of surrounding cities, this has been achieved. The City's bargaining group representatives should be commended on dealing with very difficult decisions and conveying these decisions to their membership. The efforts of the bargaining group representatives provided employees with a competitive and financially sustainable compensation package. Finally, the City's bargaining team consisting of Linda Babonis, Bruce Heid, and Sandy Lipitz should also be commended for their dedication and hard. work in working through a very complicated labor negotiation process. As outlined in the budget for this fiscal year, there is a budget deficit of $4.6 million. During the negotiation process, the City Council reviewed three -year projections based on General Plan implementation. The three -year revenue projections are based on development going forward in 2009 and 2010. If the assumptions in the projection do not go forward, then the City will no longer be able to rely on disposal of additional surplus assets to balance its budget and will have implement reductions in services. RECOMMENDATION: Attached to this memorandum are summaries of the terms and conditions for the City's labor bargaining groups. Staff recommends the adoption of the resolution to enable the implementation of the terms and conditions. These terms and conditions will be incorporated in final Memorandums of Agreement which will be presented to the City Council for final adoption. K Summary of Terms and Conditions of Agreement) Rohnert Park Employees Association Term: Two Years (July 1, 2007 through June 30, 2009) Wages: No cost of living adjustment (COLA) adjustment during the term of this MOU Salary Survey: The City will conduct a total compensation survey and provide the findings to RPEA no later than January 1, 2009. Health Benefits - Active: • $20 co -pay Kaiser; $25 co -pay Blue Cross • 85% City /15% Employee premium cost sharing (Kaiser, all levels) December 1, 2007 • 80% City /20% Employee premium cost sharing (lowest health plan, all levels) July 1, 2008 • Alternate benefit of $350 for employees who "opt- out" of health benefits • No change to dental, life, or vision coverages Retiree Medical Benefits: • Employees retiring on or before June 30, 2008 shall retire under the retiree medical benefits they were vested under as of June 30, 2007 • Employees hired before July 1, 1993, will receive the highest level of benefit provided for active employees for City provided/offered medical insurance, life insurance, dental program and vision care benefits for the retiree and his/her spouse and /or one dependent. • Employees hired between July 1, 1993 and July 1, 2007 are eligible for: o No medical benefits with fewer than 15 years of service. o 50% of the active rate with at least 15 but less than 20 years of service. o 75% of the active rate with at least 20 but less than 25 years of service. o 100% of active rate with 25 or more years of service. o Pro -rated for part-time employees; no vesting. o "Opt -out" window to move to defined contribution program. i The purpose of the summary of terms and conditions is to provide an outline of the amendments to enable timely implementation of salary and benefit changes. The City does not intend this language to be final or to be used for purposes of clarifying management -labor issues. Final language of these terms and conditions will be incorporated in Memoranda of Agreement with the consent and agreement of employee bargaining units. • Employees hired after July 1, 2007 are eligible for: o $75 /month contribution to a Retiree Health Savings Account (RHEA) o Pro -rated for part-time employees o Ten -year vesting PERS COLA: • 2% for employees hired after December 31, 2007 PERS Employee contribution: • City will contribute 8.0% of the employee's contribution. • Employees will contribute 1 % of the employer's contribution. Vacation: • Increase maximum accrual from 360 hours to 400 hours; no change in accrual rates Exempt Employees — Administrative Leave: • Increase to thirty (30) hours • Allow up to forty (40) hour buyback with City Manager approval. Compensatory Time Off: • Increase to 80 hours Floating Leave Day: • Two (2) Floating leave days in each year of the Agreement Hearing Aid: • Up to $900 for medically required hearing aids Summary of Terms and Conditions of Agreement) Rohnert Park Public Safety Officers' Association Term: Through June 30, 2009 Wages: • December 1, 2007 — 4% for Public Safety Officer, 6% for Sergeant • July 1, 2008 - 3% for Public Safety Officer, 5% for Sergeant Health Benefits — Active: • $20 co -pay Kaiser; $25 co -pay Blue Cross • 85% City /15% Employee premium cost sharing (Kaiser, all levels) December 1, 2007 • 80% City /20% Employee premium cost sharing (lowest health plan, all levels) July 1, 2008 • Alternate benefit of $350 for employees who "opt out" of health benefits • No change to dental, life, or vision: coverages Retiree Medical Benefits: • Employees retiring on or before June 30, 2008 shall retire under the retiree medical benefits they were vested under as of June 30, 2007 Employees hired before July 1, 1993, will receive the highest level of benefit provided for active employees for City provided/offered medical insurance, life insurance, dental program and vision. care benefits for the retiree and his/her spouse and/or one dependent. • - Employees hired between July 1, 1993 and July 1, 2007 are eligible for: o No medical benefits with fewer than 15 years of service. 0 50% of the active rate with at least 15 but less than 20 years of service. 0 75% of the active rate with at least 20 but less than 25 years of service. 0 100% of active rate with 25 or more years of service. o Pro -rated for part-time employees; no vesting. o "Opt -out" window to move to defined contribution program. 1 The purpose of the summary of terms and conditions is to provide an outline of the amendments to enable timely implementation of salary and benefit changes. The City does not intend this language to be final or to be used for purposes of clarifying management -labor issues. Final language of these terms and conditions will be incorporated in Memoranda of Agreement with the consent and agreement of employee bargaining units. • Employees hired after July 1, 2007 are eligible for: • $75 /month contribution to a Retiree Health Savings Account (RHSA) • Pro -rated for part-time employees • Ten -year vesting PERS COLA: • 2% for employees hired after December 31, 2007 PERS Employee contribution: • City pays 9 % employee contribution for Public Safety Officer, Sergeant • City pays 8% employee contribution for Dispatcher, Community Services Officer • Employees will contribute I% of employer's contribution Stipends: • Modifications to existing stipends and additional stipends, including FTO /CTO (5 %); Detective (5 %); Bilingual (Spanish) 2.5 %; Shift Differential (5 %); Fire Captain (4 %); POST Supervisory Certificate (2 %); POST Field ID Tech (2.5 %); Lead Dispatcher (2.5 %). • Create a Master Officer Program combining certifications, service with Rohnert Park Public Safety, education, and special assignments. 5% additional pay. Language Agreements: • Update. Fitness Program • Compensation for Travel Time Schedule Change Notice Requirements • Six -month Shift Sign -ups • FTO may serve in other functions (SEU, Canine, SRO) • Employee Representative "in training" may attend meetings requiring RPPSOA representation Summary of Terms and Conditions of Agreementl SEIU Local 1021 Maintenance Workers Term: Two Years (July 1, 2007 through June 30, 2009) Wages: • July 1, 2007 — 3.0% • July 1; 2008 - 3.0% Stipends: • Modify existing program to three -tier (Lead Worker, Lead Worker II, Senior Lead Worker) with stipends of 2.6 %, 4.5% and 6.0% respectively Health Benefits — Active: • $20 co -pay Kaiser; $25 co -pay Blue Cross . • 85% City /15% Employee premium cost sharing (Kaiser, all levels) December 1, 2007 • 80% City /20% Employee premium cost sharing (lowest health plan, all levels) July 1, 2008 • Alternate benefit of $350 for employees who "opt out" of health benefits • No change to dental, life, or vision coverages Retiree Medical Benefits: • Employees retiring on or before June 30, 2008 shall retire under the retiree medical benefits they were vested under as of June 30, 2007. • Employees with 10 or more years of service as of July 1, 2007 who retire after June 30, 2008 but before June 30, 2009 may elect a $25,000 retirement medical trust in lieu of the City's retiree health plan benefit. • Employees hired before July 1, 1993, will receive the highest level of benefit provided for active employees for City provided/offered medical insurance, life insurance, dental program and vision care benefits for the retiree and his/her spouse and/or one dependent. 1 The purpose of the summary of terms and conditions is to provide an outline of the amendments to enable timely implementation of salary and benefit changes. The City does not intend this language to be final or to be used for purposes of clarifying management -labor issues. Final language of these terms and conditions will be incorporated in Memoranda of Agreement with the consent and agreement of employee bargaining units. • Employees hired between July 1, 1993 and July 1, 2007 are eligible for: o No medical benefits with fewer than 15 years of service. 0 50% of the active rate with'at least 15 but less than 20 years of service. 0 75% of the active rate with at least 20 but less than 25 years of service. o. 100% of active rate with 25 or more years of service. • Pro -rated for part -time employees; no vesting. • "Opt -out" window to move to defined contribution program. • Employees hired after July 1, 2007 are eligible for: • $75 /month contribution to a Retiree Health Savings Account (RHSA) • Pro -rated for part-time employees • Ten -year vesting PERS COLA: • 2% for employees hired after December 31, 2007 PERS Employee contribution: • Employees to pay 3.5% of the employer's contribution, effective December 1, 2007 • Employees to pay 7.0% of the employer's contribution, effective July 1, 2008 • City will contribute 8.0% of the employee's contribution Vacation: • Increase maximum accrual from 360 hours to 400 hours; no change in accrual rates Floating Leave Day. • Two (2) Floating leave days in each year of the Agreement Compensatory Time Off: • Increase to 120 hours Miscellaneous: • Implement a 9/80 work week schedule no later than January 1, 2007 • Establish a Labor- Management Committee RESOLUTION NO. 2007 -201 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE SUMMARY OF TERMS AND CONDITIONS OF THE TOTAL TENTATIVE AGREEMENTS WITH THE ROHNERT PARK EMPLOYEES' ASSOCIATION (RPEA), THE ROHNERT PARK PUBLIC SAFETY OFFICERS' ASSOCIATION (RPPSOA) AND THE SERVICE EMPLOYEES INTERNATIONAL UNION (S.E.LU.) LOCAL 1021 WHEREAS, the Rohnert Park Employees' Association ( "RPEA "), the Rohnert Park Public Safety Officers' Association ( "RPPSOA ") and the Service Employees International Union ( "S.E.I.U. ") Local 1021 have ratified the terms and conditions contained in their respective Total Tentative Agreements with the City of Rohnert Park ( "City "); WHEREAS, the RPEA, the RPPSOA and the S.E.I.U. Local 1021 have not yet finalized their agreements (e.g., Memorandum of Understanding) with the City; and WHEREAS, the City Council wishes to recognize and approve the Summary of Terms and Conditions of the Total Tentative Agreements with the RPEA, RPPSOA, and S.E.I.U. Local. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the terms and conditions contained in the Summary of Terms and Conditions of the Total Tentative Agreements with the RPEA, RPPSOA, and S.E.I.U. Local 1021 to implement employment, wage and benefit changes. BE IT FURTHER RESOLVED that the City Council directs staff to prepare Memoranda of Agreement in accordance with the terms and conditions. DULY AND REGULARLY ADOPTED this 27`h day of November, 2007. ATTEST: City Clerk CITY OF ROHNERT PARK Mayor Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2nd & 4th Tuesdays of each month: • Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via email for review and approval as to form DUE no later than NOON Three (3) Mondays prior to Council meeting date • Agenda Items w /attachments via email and hard copy to City Clerk DUE no later than NOON Two (2) Mondays prior to Council meeting date • Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday morning One (1) week prior to Council meeting date • Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on Wednesday afternoon One (1) week prior to Council meeting date in compliance with Rohnert Park Municipal Code Section 2.08.050 Meeting Date: Department: Submitted By: (Name & Title) Submittal Date: {This section for City Clerk Use Only) FOR RESO. NO. 241- 2022. Council: X Miscellaneous Communications Agenda: 11/27107 X 11121/07 -TG Copy to: CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Agenda (Subject Only) Title November 27, 2007 Administration Stephen Donley, City Manager November 19, 2007 LABOR AGREEMENTS AND OUTLINES Requested Council Action: Adopt Resolution Approving the Outline of Certain Conditions of Employment, Fringe Benefits and Salary Adjustments for the Confidential Unit Summary: The City Manager has met with the members of the Confidential Unit and has prepared an Outline of Certain Conditions of Employment, Fringe Benefits and Salary Adjustments for the Confidential Unit for the period November 27, 2007, through June 30, 2009 ( "Confidential Unit Outline "). Attached for the Council's consideration and approval is the Confidential Unit Outline. Enclosures: Resolution Outline of Certain Conditions of Employment, Fringe Benefits and Salary Adjustments for the Confidential Unit for the period November 27, 2007, through June 30, 2009. 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 --,6�- Regular Time Approval () Public Hearing Required ( ) Not Recommended O Submitted with Comment ( ) Policy Determination Co cil ( ) City Comments: ., J City Manager's Signature: Date: L� RESOLUTION NO. 2007-202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE OUTLINE OF CERTAIN CONDITIONS OF EMPLOYMENT, FRINGE BENEFITS AND SALARY ADJUSTMENTS FOR THE CONFIDENTIAL UNIT BE IT RESOLVED by the City Council of the City of Rohnert Park that the Outline of Certain Conditions of Employment, Fringe Benefits and Salary Adjustments for the Confidential Unit dated November 27, 2007, covering the period from November 27, 2007, through June 30, 2009, be and the same is hereby approved. DULY AND REGULARLY ADOPTED this 27`}' day of November, 2007. CITY OF ROHNERT PARK Mayor ATTEST: City Clerk OUTLINE OF CERTAIN CONDITIONS OF EMPLOYMENT FRINGE BENEFITS, AND SALARY ADJUSTMENTS FOR THE CONFIDENTIAL UNIT EFFECTIVE NOVEMBER 27, 2007 - JUNE 30, 2009 TABLE OF CONTENTS 1. HOURS, DAYS, AND PERIOD OF WORK .............................................. ..............................4 2. OVERTIME /COMPENSATORY TIME ..................................................... ............................... 4 2.1 Rate of Overtime Compensation .................................................. ............................... 4 2.2 Compensatory Time Off ................................................................ ............................... 5 2.3 Call Back ......................................................................................... ............................... 5 2.4 . Exempt Employees ........................................................................ ............................... 5 3. HOLIDAYS ................................................................................................ ..............................5 3.1 Holidays Observed .....................................:.................................. ............................... 5 3.2 Proclaimed Holidays ...................................................................... ............................... 6 3.3 Day of Mourning or Special Observance .................................... ............................... 6 4. VACATION ................................................................................................ ..............................6 4.1 Vacation schedule .......................................................................... ..............................6 4.2 Maximum Accrual .......... .....:..............:................................ . .... .. ...... ............................. 6 4.3 Eligibility for New Hires : ............................................................... ............................... 7 4.4 Discontinued Accrual after Ninety (90) Days .......:...................... ............................... 7 4.5 Vacation Scheduling Based on Seniority ................................... ............................... 7 4.6 Regular Part -time Employees ....................................................:.. ............................... 7 5. MILITARY TRAINING .........................................................:.................... ............................... 7 6. FRINGE BENEFITS, OTHER THAN VACATION AND HOLIDAYS .................... I .......... I....... 7 6.1 Fringe Benefit Administration ...................................................... ............................... 7 6.2 Sick Leave .......................................................................:.............. ............................... 8 6.3 Catastrophic Leave ........................................................................ ............:.................. 9 6.4 Paternity Leave ............................,................................................. ............................... 9 6.5 Family and Medical Leave ....:: ...................................................... ............................... 9 6.6 Light or Limited Duty .................................................................... ............ .................... 9 6.7 Americans with Disabilities Act ................................................... ............................... 9 6.8 Payment to Beneficiary ........... :..................................................................................... 9 6.9 Health Coverage ............................................................................ ............................... 9 6.10 Dental Coverage ............................................................................ .............................10 6.11 Vision Care ..................................................................................... .............................10 6.12 Adoption Benefit ............................................................................ .............................11 6.13 Death /Bereavement Leave ............................................................ .............................11 6.14 Funeral Benefit ............................:................................................. .............................11 6.15 Long -Term Disability Insurance ................................................... .............................12 6.16 Life Insurance ................................................................................ .............................12 6.17 Deferred Income .............:.............................................................. .............................12 6.18 Retired, Deceased and /or Permanently and Totally Disabled Employees ...........12 6.19 Education and Training ................................................................. .............................15 6.20 Longevity Pay ................................................................................ .............................16 6.21 Educational Incentive Pay ............................................................ .............................16 6.22 Retirement Programs ..............:......................................:.............. .............................17 6.23 Dependent Care Assistance Program ......................................... .............................18 6.24 Health Care Tax -Free Dollar Account Program .......................... ...........:.................18 6.25 Hearing Aid Benefit ..................................................................... ............................... 18 6.26 Personal Leave ............................................................................ ............................... 18 OUTLINE- Confidential ❑ November 27, 2007 through June 30, 2009 Page ii 7. SALARY ADJUSTMENTS ...................................................................... .............................18 7.1 Salary Adjustment ......................................................................... .............................18 7.2 Bilingual Pay .............................. ............................... ..............19 .. ............................... 7.3 Paychecks ...................................................................................... .............................19 8. ALCOHOL AND DRUGS ......................................................................... .............................19 8.1 Alcoholic Beverages or Other Drugs .......................................... .............................19 8.2 Off Duty Hours .....................................................:......................... .............................19 8.3 Prescription Drugs ...................................................................... ............................... 19 9. SMOKING .............................................................................................. ............................... 20 9.1 Non - smoking Pay Premium .......................................................... .............................20 9.2 Non- smoking Status.. ............... ................................................................................. 20 9.3 Condition of Employment ........................................................... ............................... 20 9.4 Employees Hired After July 1, 1993 ........................................... ............................... 20 10. RESIDENCY ........................................................................................ .............................20 11. GRIEVANCE POLICY AND PROCEDURE ...................................... ............................... 20 12. USE OF CITY FACILITIES .................................................................. .............................21 12.1 Use of Sports Center and Lap Swimming Program .................... ............................21' 12.2 Performing Arts Center ................................................................. .............................21 13. MANAGEMENT RIGHTS .................................................................. ............................... 21 14. WORK CURTAILMENT (NO STRIKE CLAUSE) .............................. ............................... 21 15. PERSONNEL RULES AND REGULATIONS ................................... ............................... 22 16. TERM OF OUTLINE .......................................................................... ............................... 22 16.1 Effective Date ................................................................................. .............................22 16.2 Termination Date_.... .................................................................................................. 22 17. INVALIDATION ......................... ............................... ........ ............................... .............. ... 22 17.1 Suspension of Agreement .......................................................... .....................:......... 22 17.2 Replacement ...............................:................................................ ............................... 22 OUTLINE - Confidential 0 November 27, 2007 through June 30, 2009 Page iii This Outline is a document that describes conditions of employment, fringe benefits and salary for employees in the Confidential Unit. The Confidential Unit currently consists of employees occupying the classifications of: Accounting Manager Accounting Services Supervisor Administrative Assistant to the City Manager Administrative Assistant to the Director of Public Safety Deputy City Clerk Human Resources Analyst Human Resources Technician Management Analyst (Confidential) Payroll Specialist Secretary I Secretary 11 (City Manager's Office) Secretary 11 (Office of the Director of Public Safety) 1. HOURS, DAYS, AND PERIOD OF WORK Unless an alternative work schedule is otherwise pre- approved by the City Manager the hours, days and period of work shall be as follows: (a) Regular Workday - The regular workday is eight (8), nine (9), or ten (10) hours of work as may be determined from time to time by mutual agreement of an employee and his /her supervisor. (b) Regular Days of Work - The regular workweek for all employees shall consist of five (5) days, Monday through Friday. As may be determined from time to time my mutual agreement of an employee and his /her supervisor, the employee may volunteer for a workweek other than defined in this section. (c) Regular Work Period - A regular work period shall be forty (40) hours to be worked within the established seven (7) day work period beginning at 12:01 a.m. on Monday and ending at 12 midnight on Sunday. 2. OVERTIME /COMPENSATORY TIME 2.1 Rate of Overtime Compensation Overtime compensation at the rate of one and one -half times the employee's regular hourly rate shall be paid for all hours worked; (a) In excess of eight (8) nine (9), or ten (10) hours in any one workday. (b) In excess of forty (40) hours in any workweek. (c) On any Saturday or Sunday, or Holiday as defined by this Outline. OUTLINE - Confidential l7 November 27, 2007 through June 30, 2009 Page 4 2.2 Compensatory Time Off A maximum of eighty (80) hours of compensatory time off may be accrued by an employee by mutual agreement of the employee and the Supervisor. 2.3 Call Back Employees who are called back to work after having left the work site shall be entitled to double time, with a minimum of two (2) hours' double time pay. 2.4 Exempt Employees Section 2.1 shall not apply to those positions that do not receive overtime pay, specifically the Accounting Manager, Deputy City Clerk and Management Analyst. These positions are exempt under the Fair Labor Standards Act. This list is subject to change due to position reclassifications or the creation of new positions. In calendar year 2008; exempt employees in the Confidential Unit shall receive up to one - hundred five (105) hours of Administrative Leave per calendar year. In calendar year 2009, the employees in the Confidential Unit shall receive up to ninety (90) hours of Administrative Leave per calendar year. Any unused Administrative. Leave hours on a calendar - year basis shall not be carried over. Use of Administrative Leave is unrestricted. Up to sixty (60) hours of earned, but not taken, Administrative Leave may be paid in cash or its equivalent value applied towards an approved benefit program. Requests for pay of this leave shall be submitted to the City Manager. Employees are limited to one request per calendar year. Requests must be submitted on or before November 15. Payment shall be made no more than 30 days subsequent of the approval of the request by the City Manager. 3. HOLIDAYS 3.1 Holidays Observed The holidays observed by the City will be: "New Years Day ", January 1, 2008 and January 1,.2009 The third Monday in January, "Martin Luther King, Jr. Day" January 21, 2008 and January 19, 2009 Friday proceeding "President's Day," February 15, 2008 and February 13, 2009 The third Monday in February, "President's Day," February 18, 2008 and February 16, 2009 The last Monday in May, "Memorial Day," May 26, 2008 and May 25, 2009 "Independence Day," July 4, 2008 The first Monday in September, "Labor Day," September 1, 2008 "State Admission Day," September 9, 2008 The second Monday in October, "Columbus Day," October 13, 2008 OUTLINE- Confidential 11 November 27, 2007 through June 30, 2009 Page 5 "Veteran's Day, November 11, 2008 The fourth Thursday in November, "Thanksgiving Day," November 27, 2008 Day after "Thanksgiving," November 28, 2008 12 :00 Noon to 5:00 p.m. on December 24, 2007 and December 24, 2008 "Christmas Day," December 25, 2007 and December 25, 2008 3.2 Proclaimed Holidays Every day proclaimed by the President, Governor or Mayor of the City as a public holiday and made applicable to City employees. 3.3 Day of Mourning or Special Observance Each day that the Governor declares a day of mourning or special observance as a holiday for State employees if the declaration makes it applicable to City employees. 4. VACATION 4.1 Vacation schedule Vacation schedule shall be as follows as of July 1, 2004: Years of Service Inclusive Monthly Vacation Rate Annual Vacation Hours Up to 2 years 8.667 hours 104 3 to 5 years 10.000 hours 120 6 to 10 years 12.000 hours 144 11 to 15years 14.000 hours 168 Over 15 years 15.333 hours 184 4.2 Maximum Accrual (a) Vacation may be accumulated to a maximum of four - hundred (400) hours. (b) Once per calendar year, employees shall have the option to sell back to the City up to one -half of the employee's maximum, annual accrual of vacation time. Requests for vacation sell back must be submitted on or before November 15. The rate of the sell back shall be the employee's current and regular salary on the day the sell back request is approved. The sell back shall occur during a pay period that is no more than 30 days from the day the sell back request is approved. To qualify for vacation sell back, employees must have accrued at least eighty (80) hours of vacation time as of the day the sell back request is approved and must have used a minimum of eighty (80) hours of vacation time within the twelve (12) months prior to the day the sell back request is approved. OUTLINE - Confidential ❑ November 27, 2007 through June 30, 2009 Page 6 4.3 Eligibility for New Hires Employees must work a minimum of six (6) months before any vacation earned will be credited to said employee. 4.4 Discontinued Accrual after Ninety (90) Days Vacation benefits shall be earned and accrued to employees who are actively working or are taking paid leave due to an approved City program or benefit. Vacation benefits do not accrue to employees on absences from work for over ninety (90) consecutive days whereas the employees become eligible for the City's disability program for either industrial or non - industrial injury or sickness. 4.5 Vacation Scheduling Based on Seniority Preference for vacation scheduling will be on the basis of seniority within classification. 4.6 Regular Part-time Employees Regular part -time employees' fringe benefits shall be as provided in City Council Resolution No. 80.140, adopted August 11, 1980. 5. MILITARY TRAINING The City grants military leave to all employees for service in a uniformed service in accord with Federal law, the Military and Veterans' Code of California and City Resolution No. 2003 -71. The employee must notify his /her supervisor of upcoming military duty as soon as he /she becomes aware of his /her obligation. An eligible employee pursuant to the Military and Veterans Code who is ordered to active military duty or training shall receive compensation in accordance Section 395.01 of the California Military and Veterans Code. In addition, the employee shall have continued benefits as provided by Federal and State law. In such cases, the employee shall submit his /her military earning statement to the Human Resources Department to assist in calculating the employee's salary. In no event, will the employee be compensated in excess of his /her normal City salary. Employees will receive any merit and /or general salary increased for which they become eligible during military leave. 6. FRINGE BENEFITS, OTHER THAN VACATION AND HOLIDAYS 6.1 Fringe Benefit Administration The City reserves the right to select the insurance carrier(s) or to self - administer any of the fringe benefit programs provided during the term of this Outline. In the event that any offered health plan is no longer offered, the City agrees to provide a suitable replacement health plan that is substantially comparable. All benefits provided under this section (Section 6) are subject to the characteristics of each individual benefit program. The value or availability of the benefits provided in this Outline as originally worded or as amended from time -to -time may depend on their tax treatment by the State or Federal government or the decisions of OUTLINE - Confidential 11 November 27, 2007 through June 30, 2009 Page 7 other government agencies or departments, such as, but not limited to, the Public Employees' Retirement System. The City will endeavor to obtain the most favorable treatment legally possible from these other governmental entities. However, the City makes no representation concerning the value of such benefits to unit members or how they will be taxed or otherwise treated by other agencies or departments. The City's obligations under this Outline are limited to the direct cost of providing the salary and benefits as described in this Outline. The City shall have no additional financial obligation, even if the tax or other treatment of such salary or benefits by other agencies or departments reduces or eliminates their value to the employee. (a) The City will continue all employee benefits and pay the appropriate premiums, as specified in the applicable section(s) of this Outline, due for an employee out on an authorized leave while an employee is being compensated by vacation accrued time, compensatory time, industrial sick leave time and /or non - industrial sick leave time. (b) Employee may continue certain employee benefits during an authorized leave without pay for the period of the authorized leave by making payment to the City for said benefits. (c) If there is any inconsistency between this section and the Personnel Rules and Regulations, the Personnel Rules and Regulations shall govern. 6.2 Sick Leave (a) Sick leave benefits for regular employees hired before July 1, 1993 shall be as provided in the City's most current "Disability Wage Plan ". Each employee covered by this Outline shall be provided a copy of the aforementioned "Disability Wage Plan." (b) For regular employees hired after July 1, 1993, the following sick leave program will be provided: Sick Leave Accumulation Each employee shall earn and may accumulate sick leave as follows: Hours Earned Monthly Hours Earned Annuall Maximum Hours of Accumulation 8 96 1200 (c) Any employee hired before July 1, 1993, may voluntarily elect to participate in the sick leave program as provided in Section 6.2 (b) above with the following conditions: 1. That employee may convert only any unused full -time sick leave balance from the Disability Wage Plan Sick Leave Program as provided in Section 6.2 (a) above. Employees may convert up to a maximum of 1,200 hours. Any unused half -pay benefits will be forfeited and not subject to conversion under this section. OUTLINE- Confidential ❑ November 27, 2007 through June 30, 2009 Page 8 2. Once an employee voluntarily elects to participate in this sick leave program, he /she shall remain in same with no return privileges. 6.3 Catastrophic Leave Leave benefits shall be provided as outlined in City Council Resolution No. 2001 -270, adopted December 11, 2001. 6.4 Paternity Leave Regular employees may use up to three (3) days accrued sick leave for paternity leave, following the birth of a child. 6.5 Family and Medical Leave Employees may request an unpaid leave of absence under the California Family Rights Act (CFRA) and /or the Federal Family Medical Leave Act (FMLA). Requests for family and medical leave shall comply with the requirements of the. CFRA and /or the FMLA. 6.6 Light or Limited Duty Employees injured or ill from either on- the -job (industrial) or off - the -job (non- industrial) causes may, at the City's sole discretion, be assigned to light, limited, or modified duty. They may involve duties that differ from the normal work duties of the employee. Such light, limited, or modified duty shall terminate when the employee is physically able to perform all his /her normal work duties. By virtue of this paragraph, the City does not intend to create any permanent light, limited or modified positions 6.7 Americans with Disabilities Act The City recognizes it has an obligation under law to comply with the Americans with Disabilities Act (ADA). 6.8 Payment to Beneficiary Upon death of an employee, any unused vacation and compensatory time shall be paid to the employee's surviving spouse or beneficiary. In the absence of a spouse or beneficiary, any unused vacation and compensatory time shall be paid to the primary beneficiary specified by the employee on the employee's enrollment beneficiary card for City provided life insurance. 6.9 Health Coverage Employees will have a choice of Kaiser Foundation Health Plan, Inc., California North Region (S Coverage), Blue Cross Prudent Buyer Plan or any other appropriate health plan offered by the City. (a) Effective December 1, 2007 the City agrees to contribute towards medical insurance premiums an amount equal to 85% of the lowest cost plan at the employee's enrollment level. High Deductible Health Plans (HDHP) with Health Savings Accounts (HSA) shall not be used as the lowest cost plan. Effective July 1, 2008, the City agrees to contribute towards medical insurance premiums an OUTLINE - Confidential ❑ November 27, 2007 through June 30, 2009 Page 9 amount equal to 80% of the lowest cost plan at the employee's enrollment level. (b) As a result of any Federal or State law enacted subsequent to the effective date of this Outline, the City shall make an effort to maintain the level of benefits as provided for in this Outline. (c) Alternate Benefit Eligible employees may receive an alternate benefit of $350.00 per month when having health insurance from a source other than the City. This benefit shall be provided as outlined in City Council Resolution No. 2007 -178, adopted October 23, 2007. 6.10 Dental Coverage The City shall continue to provide, at no premium cost to employees, dental service coverage for employees, spouses, domestic partners, and dependents. The plan offered by the City shall be the Delta Dental Preferred Option, which for the most part, but with some exceptions, provides the following City coverage: (a) One hundred percent (100 %) of the cost of diagnostic and preventative care. (b) Eighty -five percent (85 %) of the cost of basic dental services. (c) Eighty -five percent (85 %) of the cost of crowns and restorations (including implants). (d) Fifty percent (50 %) of the cost of prosthodontics. (e) Two thousand dollar ($2,000) maximum benefit for dental services per person per year. (f) Fifty percent (50 %) of the cost of orthodontics with a three thousand five hundred dollar ($3,500) lifetime maximum benefit per person. 6.11 Vision Care The City will provide, at no premium cost to employees, the 12/12/12 Vision Service Plan with supplemental coverage for the employee, employee's spouse, domestic partner, and dependents as generally follows: (a) A vision exam every twelve (1 2) months. (b) Prescription glasses consisting of lenses and frames every twelve. (12) months. Lenses include single vision, lined bifocal, lined trifocal, tints and photo chromic lenses. Frames of the employee's choice will be provided up to a maximum of one hundred and twenty dollars ($120). Employee will receive a twenty percent (20 %) discount on any out -of- pocket costs incurred for frames. (c) In lieu of glasses, contacts with an allowance of one hundred and five dollars ($105). The allowance applies to the cost of contact lenses and the fitting and evaluation exam. The exam is in addition to the vision exam. OUTLINE- Confidential ❑ November 27, 2007 through June 30, 2009 Page 10 (d) A second pair of prescription glasses or contact lenses every twelve (12) months subject to a twenty dollar ($20) co -pay. (e) Contact lenses, in addition to glasses, every twelve (12) months subject to a fifty dollar ($50) co -pay. One day disposable contacts are covered up to a four hundred dollar ($400) maximum allowance. (f) Primary Eye Care with urgent or non - surgical eye care benefits subject to a five dollar ($5) co -pay per office visit. Examples of primary eye care include, but are not limited to, exams to diagnose pain in the eye, exams to monitor the progress of pre - surgical cataracts, diagnosis and tests for loss of vision, and treatment and management of glaucoma. (g) Laser surgery discount (PRK, Lasix/Custom Lasik). 6.12 Adoption Benefit The City will provide one - thousand dollars ($1,000) per child cash . benefit to employees adopting minor children to help offset the cost of adoption. This cash benefit does not include the cost of adopting step - children, i.e. children of present spouse. 6.13 Death /Bereavement Leave (a) A regular employee shall be paid up to three (3) days of bereavement leave when there is a death in their immediate family. (b) Additionally, a regular employee may, subject to approval of the Supervisor, use two (2) additional days of the employee's accrued sick leave if the employee must travel out of the area, i.e. at least two hundred and fifty (250) miles one way. (c) Immediate family in this case means: spouse, domestic partner, father, father -in -law, mother, mother -in -law, brother, brother -in -law, sister, sister -in -law, child (including step - children), step - parents, aunts, uncles, grandparents, grandparent -in -law, grandchildren, relationships in loco- parentis, and close personal relationships with the approval of the City Manager or his /her designee. (d) It is understood that the definition of immediate family provided in Section 6.13 (c) above supersedes the definition in the City's most current "Disability Wage Plan ". 6.14 Funeral Benefit The City will provide fifty percent (50 %) co- payment, not to exceed two thousand dollars ($2,500), for funeral expenses for an employee or their spouse only. This funeral benefit will be considered secondary to and shall be coordinated with any and all other funeral benefits that may be payable to employee or spouse. OUTLINE- Confidential ❑ November 27, 2007 through June 30, 2009 Page I1 6.15 Long -Term Disability Insurance The City shall provide, at no premium cost to employees, long -term disability income protection insurance coverage. The basic benefit shall be sixty six and two thirds percent (66 2/3 %) of the employee's monthly base pay. In no event shall the employee receive more than full salary. The benefits provided under this section are subject to the characteristics of the individual program. (a) The waiting period for the above long -term disability benefits plan shall be ninety (90) days. 6.16 Life Insurance (a) The City will continue to provide, at no premium cost to employees, fifty thousand dollars ($50,000) life insurance coverage for employees and one thousand dollars ($1,000) for dependents. This coverage includes accidental death and dismemberment benefits. (b) The City will allow, subject to the insurance carrier's approval, any employee to purchase, at his /her own cost, additional life insurance coverage under the City's group program. 6.17 Deferred Income The City will continue to make available to the employees a deferred income program, now being administered by Nationwide Retirement Solutions and International City Management Association (ICMA) or a similar program with another institution acceptable to the City. 6.18 Retired, Deceased and/or Permanently and Totally Disabled Employees The City agrees to provide /offer and pay the appropriate premium(s), as specified in the applicable section(s) of this agreement, for City offered /provided medical insurance, life insurance, dental program, and vision care benefits only to the following: (a) To regular full -time and regular part-time employees who have at least ten (10) years of continuous service with the City and who retire upon reaching retirement age or thereafter and are receiving retirement allowance from the California Public Employees' Retirement System (CaIPERS). Coverage will extend to eligible dependents. Said employees shall be referred to as "Retired Employees." (b) To regular full -time or regular part-time employees who: 1. Have at least ten (10) years of continuous service with the City, and; 2. Are retired forthwith from the City of Rohnert Park service into the CalPERS at the time of permanent or total disability, and; OUTLINE- Confidential n November 27, 2007 through June 30, 2009 Page 12 3. Are permanently and totally disabled from their occupation and unable to perform with reasonable continuity the material duties of their own occupation. After twenty -four (24) months if gainful employment is obtained in an occupation in which the material duties are reasonably fitted by education, training, experience and compensation to the occupation at the time of disability, the employee shall no longer be considered permanently and totally disabled from their occupation. In such circumstances, benefits shall be discontinued. Said employees shall be referred' to as "Retired Employees" except for the circumstance noted above in which the employee is no longer permanently or totally disabled. Coverage will extend to eligible spouse, domestic partner, and dependents. (c) To the surviving spouse, domestic partner and legal dependents of a regular full -time or regular part -time employee who died while a City employee after ten (10) or more years of continuous service with the City. Said employee shall be referred to as a "Deceased Employee." (d) Benefits provided under this section shall be coordinated with Medi- Care, Medi -Cal, and any other welfare program available of which said benefit coverage shall be considered primary and City provided coverage in turn considered secondary. (e) All benefits provided under this section are subject to the characteristics of each individual benefit program. The life insurance to be provided will be the life insurance plan amount in effect and in accordance with the provisions of the life insurance program as of the date of employee's retirement. (f) The benefits provided under this section will continue for such retired employees and their spouse, domestic partner and legal dependents, if any, while said retired employee is alive. In the event of the retired employee's death, coverage will continue for the spouse or domestic partner until the spouse or domestic partner dies or marries. In addition, the benefits provided under this section will continue for said retired or deceased employee's legal dependent children who qualify as an Internal Revenue Service dependent until said children reach the age of twenty -three (23) or the spouse or domestic partner marries, whichever occurs earliest. (g) For regular City employees hired before July 1, 1993, City agrees to pay the entire appropriate premium cost(s) for City provided /offered medical insurance; life insurance, dental program, and vision care benefits only for retired City employees and their spouse, domestic partner and eligible dependents, as defined herein. OUTLINE- Confidential o November 27, 2007 through June 30, 2009 Page 13 (h) For regular City employees hired between July 1, 1993 and June 30, 2007 the City agrees to pay towards premium cost(s) for City provided /offered medical insurance, life insurance, dental program, and vision care benefits only for retired City employees and their spouse or one dependent as follows: Employees with less than 15 consecutive years of service with the City receive no medical benefits at retirement. Employees with at least 15 years but less than 20 consecutive years of service with the City are eligible for 50% of the amount received by active employees for the selected plan. Employees with at least 20 years but less than 25 consecutive years of service with the City are eligible for 75% of the amount received by active employees for the selected plan. Employees with 25 or more consecutive years of service with the City are eligible for 100% of the amount. received by active employees for the selected plan. Calculation of premium will be prorated for permanent part -time employees. Employees must retire concurrent with termination of service with the City to be eligible for this benefit (no vesting). The City's share of the premium costs for all retirement benefits as described herein shall not exceed employee plus one dependent, and shall. not include payment of Medicare B premiums. Employees in this category will be provided with an opportunity to "opt out" of the retiree defined benefit program by June 30, 2008 and move to the defined contribution program, as defined in (i) below. The contribution will begin the month following an employee's election to opt out. Employees opting out will receive $75.00 per month of service, and be vested after 10 years of service. (i) For regular City employees hired after July 1, 2007 following apply: The City will contribute $75.00 per month of service to a Retiree Health Savings Account. The vesting period is ten (10) years of City service. Employees terminating City employment with ten (10) or more years of service will be allowed to vest contributions. Calculation of contribution will be prorated for permanent part-time employees.' OUTLINE- Confidential ❑ November 27, 2007 through June 30, 2009 Page 14 (j) Members of the Confidential Unit retiring on or before June 30, 2008 shall retire under the retiree medical benefits they were vested under as of June 30, 2007. The purpose of this section is to allow employees an adequate period of time to make retirement decisions and to provide for a measured transition of the City's workforce. Prior to retirement, the employee will receive the same health benefits as active employees. (k) Continuous City service is defined as being continuous regular full - time or regular part-time City employment only for calculating length of continuous service under this section. Part -time (non- benefited) employment and approved unpaid leaves will not be used in calculating length of continuous service under this section. Any separation from City employment will void any previous accrual towards length of continuous service for purposes of this section, unless otherwise waived by the City Manager and due to extenuating circumstances. Layoffs with subsequent restoration and approved City paid or unpaid leaves do not constitute separation from City service for the purpose of this section. (1) Any retired employee who, after retirement from the City, becomes employed elsewhere and is covered by medical, health, dental or vision care benefits by his /her new employer, said coverage provided by the City to the retired employee will be considered secondary to the coverage provided by his /her new employer, his /her new employer's coverage shall be considered primary. (m) Any spouse or domestic partner of a deceased employee or deceased retired employee who is receiving benefit coverage as provided under this section, becomes employed and is covered by medical, health, dental or vision care benefits by his /her employer, said coverage provided by the City will be considered secondary to the coverage provided by the spouse's or domestic partner's employer, and his /her employer's coverage shall be considered primary. 6.19 Education and Training The City desires to encourage employees to advance their education and training. The City will provide an education and training assistance program to provide reimbursement to employees for tuition and book costs only for attending and completing, with a satisfactory grade (C or better), courses in the adult high school program, at Santa Rosa Junior College, at Sonoma State University or any other accredited educational institution acceptable to the City. All courses or classes for which reimbursement will be requested must be previously approved by the Supervisor and the City Manager prior to the start of said classes and approval requested on the appropriate City form. For general guidance, acceptable courses will be those courses which are necessary to receive a Bachelor, Master, Doctorate degree or that apply to the receipt of a professional certification. The maximum allowed OUTLINE- Confidential ❑ November 27, 2007 through June 30, 2009 Page 15 amount reimbursable for tuition is one thousand dollars ($1,000) per instructional period plus books and materials, with a total reimbursable amount not to exceed three thousand dollars ($3,000) per calendar year. The City acknowledges that the work schedule of its Confidential Employees may require the participation in a "working professionals" program such as the program offered locally by the University of San Francisco. The tuition costs of working professionals programs are substantially higher than SRJC and SSU. To encourage the continuing education of employees, the City will allow the employee to submit an annual reimbursement of their tuition /books /materials costs while they remain employed. See example below: Tuition of Master of Public Administration Program = $7,200 Year One reimbursement = $3,600, Employee remaining debt = $3,600 Year Two reimbursement = $3,600, Employee remaining debt = 0 The updated reimbursement provision is intended to apply for tuition related costs on or after January 1, 2008. The reimbursement benefit is available to employees throughout the term of this outline, but it does not obligate the City to tuition expenses beyond the expiration on the terms of this agreement. 6.20 Longevity Pay The City shall continue to provide longevity pay to employees based on continuous years of service, as defined in Section 6.18 (i) as follows: Completed Years of Service Pay Percentage Increases 5 years o 2 /o For each completed year thereafter 1/2% The maximum longevity pay percentage to be paid shall be ten percent (10 %) of base pay. The "completed years of service" will be determined on January 1st and July 1st only and not on an employee's employment anniversary date. For employees hired after 10/10/95, the longevity program as outlined above does not apply. 6.21 Educational Incentive Pay (a) Bachelor's Degree The City will provide a $50.00 per month stipend to an employee possessing a Bachelor of Science or Arts Degree under the following terms and conditions: OUTLINE- Confidential 11 November 27, 2007 through June 30, 2009 Page 16 1) An employee must have been hired after 10/10/95 and not be eligible for longevity pay as outlined in Section 6.20. 2) The Bachelor of Science or Arts Degree is not a minimum qualification or educational requirement in the employee's class specification. (b) Master's Degree The City will provide a $50.00 per month stipend to an employee possessing a Master of Science or Arts Degree under the following terms and conditions: 1) An employee must have been hired after 10/10/95 and not be eligible for longevity pay as outlined in Section 6.20. 2) The Master of Science or Arts Degree is not a minimum qualification or educational requirement in the employee's class specification. (c) By providing educational stipends the City does not infer, intend or agree to meet and confer or meet and consult over minimum qualifications or educational requirements for any position covered by this Outline. The City at its sole discretion, and as its exclusive right, determines position qualifications. 6.22 Retirement Programs (a) Effective July 1, 2007, the City will provide the California Public Employees' Retirement System (CaIPERS) two and seven tenths percent (2.7 %) at fifty - five (55) retirement program to miscellaneous member employees. (b) The City will continue to provide the "one -year highest compensation" optional provision in its contract with CaIPERS. (c) The City will absorb any employer contribution rate increases for miscellaneous members required by CaIPERS. Miscellaneous employees will contribute one percent (1 %) of the employer's contribution. (d) The City will modify the CaIPERS Annual Cost -of- Living Allowance Increase (Section 21335) to provide for a 2.0% annual maximum cost -of- living increase for employees hired after December 31, 2007. Employees hired prior to December 31, 2007 shall be eligible for the 5.0% annual maximum cost -of- living allowance increase as defined in Section 21335. (e) The City pays eight percent (8 %) of the employee's contribution into CaIPERS for all miscellaneous members of the confidential unit as indicated in Section 5.23 of this outline. OUTLINE- Confidential ❑ November 27, 2007 through June 30, 2009 Page 17 The City shall report eight percent (8 %) of the Employer Paid Member Contributions (EPMC) to CalPERS as additional compensation for all miscellaneous members of the Confidential Unit. The City will report the value of applicable provisions of the requirements of the CalPERS. the EPMC in accordance with all Government Code, law and The City makes no representation concerning the value of this benefit or how it may be taxed or treated by other agencies either presently or in the future. The City's obligation under this section is limited to the direct cost of providing the benefit as described. The City shall assume no further or additional financial obligation even if an outside agency imposes or determines there to be a financial obligation for the City or the employee. 6.23 Dependent Care Assistance Program The City will continue to provide the Dependent Care Assistance Program (DCAP) as authorized by the Internal Revenue Service for the set -aside of employee pre -tax dollars for childcare as approved by the .Internal Revenue Service (IRS) and the California Franchise Tax Board. 6.24 Health Care Tax -Free Dollar Account Program The City will continue to provide the Health Care Tax -Free Dollar Account Program as authorized by the Internal Revenue Service for the set -aside of employee pre -tax dollars for the cost of monthly health care premiums as well as eligible unreimbursed medical expenses, as approved by the Internal Revenue Service (IRS) and the California Franchise Tax Board. 6.25 Hearing Aid Benefit The City will reimburse an employee eighty -five percent (85 %) with a lifetime maximum of three thousand dollars ($3,000) for hearing aid device(s). 6.26 Personal Leave Each employee, who is in a paid status, shall be granted sixteen (16) hours of time each fiscal year for Personal Leave. Personal Leave may be taken as time off only on day(s) mutually agreeable to the employee and his /her Supervisor. The leave shall not carry over into the next fiscal year. 7. SALARY ADJUSTMENTS 7.1 Salary Adjustment (a) Salaries will not be subject to a general wage increase during the term of this Memorandum of Agreement. OUTLINE- Confidential 11 November 27, 2007 through June 30, 2009 Page 18 (b) During the term of this Outline, the City will conduct a total compensation survey and provide the survey results to the Confidential Unit no later than January 1, 2009. The Cities of Santa Rosa and Petaluma, and the County of Sonoma will be included in the survey. 7.2 Bilingual Pay Special compensation shall be given to employees in the Rohnert Park Confidential Unit who possess bilingual skills. That is, when the City designates a position or person as bilingual proficient such an employee in the designation shall first demonstrate a language proficiency of job - related terminology acceptable to the Supervisor and the City Manager. Thereafter, the employee shall be entitled to bilingual pay at the rate of fifty dollars ($50) per pay period. Said employee shall be subject to re- testing. Bilingual designation shall be at the sole discretion of the City. 7.3 Paychecks Paychecks shall be distributed by the City to employees by noon on payday. 8. ALCOHOL AND DRUGS The City and the Confidential Unit agree to continue to work together to assist any employees who have an alcohol, alcohol related, drug, or substance abuse problem. It is mutually acknowledged that continued cooperative efforts will give employees a much better opportunity to recover from this very serious health problem. Since certain City employees are required to drive City vehicles, to think clearly and act responsibly as well as use various types of equipment, and it is known that drinking alcoholic beverages or taking certain drugs may slow a person's reflexes and ability to think clearly. The probability of having an accident is increased after drinking alcohol or taking certain drugs. The City recognizes that this situation could place, the employee as well as co- workers and the public at risk of injury. 8.1 Alcoholic Beverages or Other Drugs Alcoholic beverages, or other drugs which affect an employee's ability to drive or function safely, shall not be used by employees during their assigned regular workday, nor while on assigned standby duty. 8.2 Off Duty Hours If an employee who has been drinking alcohol or using a drug which may impair the employee's ability to drive or function safely receives a call to return to work during off duty ours, the employee must decline the request to work. 8.3 Prescription Drugs OUTLINE- Confidential ❑ November 27, 2007 through June 30, 2009 Page 19 Employees using prescription drugs which affect the employee's ability to work safely must inform their supervisor and may be assigned to other appropriate duties or required to take sick leave. 9. SMOKING 9.1 Non- smoking Pay Premium In recognition of the nation -wide concern with use of tobacco and the relationship it has to disease, the City agrees to continue to provide a $25 pay premium to employees hired before July 1, 1993 and who refrain completely from the use of tobacco in any form. Any employee deceiving the pay premium for not using tobacco and who starts using tobacco, shall rebate to the City all paid non - smoking premium paid by the City to said employee during the immediate twelve (12) months preceding. 9.2 Non - smoking Status Employees hired with a condition that they not smoke shall be required to remain non - smokers throughout their employment. A non - smoker shall not smoke or use any tobacco product either on or off -duty while employed. An affidavit signed on a periodic basis by employees shall be used to verify continued non - smoking status. 9.3 Condition of Employment The City intends to hire new employees with the clearly expressed condition. of employment that they refrain from smoking. The City acknowledges its right to take appropriate disciplinary actions should any such employee hired after the effective date of this Outline violate the agreed upon conditions of employment. Prior to final disciplinary action being taken, the City will refer the employee to the employee assistance program for consultation and referral. 9.4 Employees Hired After July 1, 1993 The City and Confidential Unit acknowledge that due to the City's commitment to hiring employees with the clearly 'expressed condition of employment that they refrain from smoking, that employees hired after July 1, 1993 shall not receive a $25 pay premium for not smoking., 10. RESIDENCY All employees are encouraged to reside within the City. For the term of this Outline, all employees residing within Rohnert Park shall receive a $60 per month residency bonus. At the discretion of the City Manager, said residency bonus may increase to no more than $65 per month at any time during the term of this Outline. 11. GRIEVANCE POLICY AND PROCEDURE The City will comply with the grievance procedure as outlined in Resolution No. 79 -22, adopted February 13, 1979. Failure to meet any timeline or specifically OUTLINE - Confidential ❑ November 27, 2007 through June 30, 2009 Page 20 comply with any other requirement of the grievance procedure constitutes a specific waiver and is a bar to further consideration of the grievance. 12. USE OF CITY FACILITIES 12.1 Use of Sports Center and Lap Swimming Program Employees and their spouse, domestic partner, and eligible dependents (as defined both by City Eligible Dependent Policy and Sports Center Policy) will be allowed to participate with no fee imposed in open gym time and use the weight room and locker room facility at the Sports Center when such facilities are open and also participate in the Lap Swim Program conducted at the City's swimming pools. In the event that the City determines that such use of the Sports Center by spouse, domestic partner, and dependents of employees adversely impacts the public's access to the Sports Center facilities, the parties will re -open this Section 12. Other activities requiring payment of a fee can be discussed with the City Manager for consideration of a waiver of part or the entire fee. 12.2 Performing Arts Center The City agrees to provide each employee with four tickets to a Performing Arts Center performance during each fiscal year (July to June) at no charge to the employee. The City will provide employees with a choice of at least four dates. 13. MANAGEMENT RIGHTS Except as limited in this Outline and applicable State laws, the exclusive rights of the City shall include, but not be limited to, the right to determine the organization of city government and the purpose and mission of its departments and agencies, to determine the nature, levels and mode of delivery and to set standards of service to be offered to the public; and through its management officials to exercise control and discretion over its organization and operations; to establish and effect administrative regulations which are consistent with law and the specific provisions of this Outline; to direct its employees and establish employee performance standards and to require compliance therewith; to take disciplinary action; to discharge, suspend, reduce in pay, reprimand, withhold salary increases and benefits, or otherwise discipline employees subject to. the requirements of applicable laws; to lay off its employees whenever their positions are abolished, or whenever necessary because of lack of work or lack of funds, or other legitimate reasons; to determine whether goods or services shall be made, purchased, or contracted for; to determine the methods, means, and numbers and kinds of personnel by which the City's services are to be provided; including the right to schedule and assign work and overtime; and to otherwise act in the interest of efficient service to the City; and to take all necessary actions to protect the public and carry out its mission in emergencies. 14. WORK CURTAILMENT (NO STRIKE CLAUSE) Under no circumstances shall any employee individually or collectively cause, sanction, honor or engage in any strike, sit -down, stay -in, sick -out, slow -down, OUTLINE - Confidential. F-1 November 27, 2007 through June 30, 2009 Page 21 speed -up, work to rule or any other type of job action, curtailment of work, restriction of production or restriction of service during the term of this Outline. 15. PERSONNEL RULES AND REGULATIONS The City agrees to meet and confer with the Rohnert Park Confidential Unit on any updates or changes to the Personnel Rules & Regulations. 16. TERM OF OUTLINE 16.1 Effective Date This Outline is to become effective on November 27, 2007. 16.2 Termination Date This Outline will terminate on June 30, 2009. 17. INVALIDATION 17.1 Suspension of Agreement If during the term of this Outline, any item or portion thereof of this Outline is held to be invalid by operation of any applicable law, rule, regulation, or order issued by governmental authority or tribunal of competent jurisdiction, or if compliance with or enforcement of the item or portion thereof shall be restrained by any tribunal, such provision of this Outline shall be immediately' suspended and be of no effect hereunder so long as such law, rule, regulation, or order shall remain in effect. Such invalidation of a part or portion of this Outline shall not invalidate any remaining portion which shall continue in full force and effect. 17.2 Replacement In the event of suspension or invalidation of any article or section of this Outline, the City agrees, that except in an emergency situation, to arrive at a satisfactory replacement for such article or section. 18. NON- DISCRIMINATION The City acknowledges that in receiving the benefits afforded by this Outline, no person shall in any way be favored or discriminated against to the extent prohibited by law because of political or religious opinions or affiliations, or because of racial or national origin, or because of age, sex or sexual preference, or physical or mental disability. 19. PERSONNEL FILES Employees or their duly authorized representative have the right to inspect his or her personnel file maintained on him or her by the City. Employees have the right to respond in writing to anything contained or placed in their personnel file and any such responses shall become part of the personnel file. OUTLINE- Confidential ❑ November 27, 2007 through June 30, 2009 Page 22 20. EMPLOYEE PERFORMANCE EVALUATIONS Employees have the right to respond in writing to the evaluation report should they so desire. Said responses should be submitted to the reviewer no later than thirty (30) days after the evaluation interview. OUTLINE - Confidential 11 November 27, 2007 through June 30, 2009 Page 23 Incorporated by Reference. The following are incorporated in this Outline by reference: City Council Resolution No. 79 22, adopted February 13, 1979 - Grievance Policy and Procedure City's most current "Disability Wage Plan" as updated by City Council Resolution No. 92- 174, adopted October 27, 1992 City Council Resolution 2007 -178, adopted October 23, 2007 - Alternate Benefit City Council Resolution No. 2001 -270, adopted December 11, 2001 — Catastrophic Leave City's Personnel Rules & Regulations OUTLINE - Confidential 11 November 27, 2007 through June 30, 2009 Page 24 FOR RESO. NO. X07' Council: I Miscellaneous �1 to: t0: CITY OF ROHNERT PARK V I 1 1N ) co CITY COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: Department: Submitted By: (Name & Title) Agenda Title: November 27, 2007. City Manager's Office Stephen R. Donley, City Manager LABOR AGREEMENTS AND OUTLINES (AGENDA ITEM #5) Requested Council Action: Approval of Resolution Authorizing the City Attorney to amend the City Manager's contract to be consistent with outline of benefits provided to management employees. Summary: At the November 13, 2007 City Council meeting, the City Council adopted resolution 2007 -191 which made significant changes to the benefits provided to management employees. The City Manager believes it is important to lead by example, and have his benefits adjusted similar to all City employees. In addition, a contract amendment would eliminate potential inconsistencies between the City's updated benefits and the City Manager's contract. The following significant benefit changes were made: • Active Medical. Management employees no longer receive 100% city paid medical. Management medical benefits are now the same as all City employees -85% of lowest medical plan in FY 07 -08 and 80% in FY 08 -09. • Retiree Medical. The retiree medical formula has been tiered to requiring a minimum of 15 years of service to receive any benefit. In addition, the benefit is limited to the active medical formula. •- - Retirement Pension Contribution. - As of December 1, 2007, miscellaneous management employees are now required to contribute 1% of employer's PERS contribution. • Administrative Leave. Management employees (and all "exempt" employees citywide) will receive an additional 30 hours of administrative leave. • Salary adjustments. Salary adjustments, if any, will only be made if a total compensation (salary, health benefits, retirement) demonstrate compensation less than 6% below the average of comparable cities in the North Bay (e.g., cities listed for comparison include Fairfield, Napa, Novato; Petaluma, Santa Rosa, and Windsor). The attached resolution authorizes the City Attorney to draft an amend to the City Manager's contract that applies the same benefit changes received by Management employees to the City Manager and for this amendment to be executed by the Mayor on behalf of the City. CITY MANAGER'S RECOMMENDATION: ( ) Consent Item I ( x ) Regular Time ( x ) Approval ( ) Public Hearing Required ( ) Not Recommended ( ) Submitted with Comment ( ) Policy Determination by ou cil ( ) City Comments: City Manager's Signature 3 Date (1 m RESOLUTION. NO. 2007-203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE AMENDMENT OF THE CITY MANAGER'S CONTRACT WHEREAS, the City recently renegotiated significant changes to the benefits it provides to its employees; WHEREAS, the City Council desires for the City Manager to have similar benefits as the City employees; and WHEREAS, since the City Manager is a contractual employee, his benefits do not change with the adoption of the new Memorandum of Agreements with the employee bargaining groups making it necessary to amend his contract to make the changes cited above. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that the City Attorney is authorized to draft an amendment to the City Manager's contract implementing the salary and benefit changes as described in the Management Unit Outline adopted by the City Council by Resolution No. 2007 -191 on November 13, 2007. BE IT FURTHER RESOLVED by the City Council of the City of Rohnert Park that the Mayor is authorized to execute the contract amendment. DULY AND REGULARLY ADOPTED this 27`i' day of November 2007. CITY OF ROHNERT PARK Mayor ATTEST: City Clerk Mayor Vicki Vidak- Martinez NOV 2 7 2007 Comments for City Council meeting of November 27, 2007 CITY OF RE: Employee Bargaining Unit Contract Resolutions POHNERT PARK First I want to express my sincere personal appreciation to all staff for their participation in this complex ten month negotiation process — city administrators who negotiated on behalf of the city council and the community, bargaining unit representatives, and bargaining unit members who had the foresight and courage to step up to these contracts. It must be acknowledged that these negotiations have been arduous for all involved. Grappling with the enormous financial issues of retiree health costs is something no one would wish upon themselves. Once again our city employees have shown that they are smart, strong and capable, and that this city is blessed to have them. All city councils leave legacies. Thirty years ago a city council greatly expanded employee benefits because it was inexpensive and helpful to do so. They could not have foreseen the dire consequences that decision would have today for city government and for the entire community. This current city council will also leave a legacy. As an elected official in this community for fifteen years, I believe that this is the most important vote I will ever cast. That's because this vote is about facing up to stark financial realities and not passing the buck. Most importantly, it is about Home Rule and local control. The mathematics are clear — without these contracts it is certain that the city would be unable to meet its financial obligations and sooner than later be taken into receivership by the state. We are at a critical juncture and it is essential that the city council act with courage and conviction to protect all our residents. As your council member I have always tried to make the right decision on whatever issue came before the council. Sometimes I decide with my heart, but mostly I decide with my head — that is, I focus on facts and have a rationale for my vote. There is no question that our staff does a good job and that they deserve to be properly compensated. That's what my heart says and I believe that the high value I place on staff is reflected in these contracts. In addition, I know that I was constitutionally elected to make sure that this city is financially solvent. My head says that I absolutely must support the contracts before us for the benefit of all. I will go further and say that I am amazed that anyone could vote any other way except to support these contracts — and through them support and protect our city staff, our community and the future of Rohnert Park. Agenda Packet Preparation TIMELINES for Regular City Council Meetings (This section for City Clerk Use Only) held on the 2nd & 4h Tuesdays of each month: • Resolutions (other than standard formats for authorizations and approvals), Ordinances r--- & Agreements to Assistant City Attorney and Assistant City Manager via email to �� t,4 fifi V - review for "approvals as to form" and agenda planning DUE no later than NOON Three (3) Mondays prior to Council meeting dates Council, • Agenda Items with related attachments via email to City Clerk DUE no later than Miscellaneous NOON Two (2) Fridays prior to Council meeting dates Communications • Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk Agendal 1 1XI o no later than Tuesday mornings One (1) week prior to Council meeting dates Copy to: • Agenda Packets distributed to City Council and Agendas posted/distributed /mailed Copy to: on Wednesday afternoons One (1) week prior to Council meeting dates for 'fir �' compliance with Rohnert Park Municipal Code Section 2.08.050 CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: November 27, 2007 Department: Public Safety Submitted By: Lt. Vince Amato (Name & Title) Submittal Date: November 21, 2007 Agenda (Subject Only) Title: Ordinance No. 745, Chapter 9.48, "Alcohol Offense /Loud Parties," of Section 9, "Public Peace, Morals and Welfare," of the Rohnert Park Municipal Code. Requested Council Action: It is the Rohnert Park Department of Public Safety's recommendation that tl c ordinance stays in affect. Summary: The Rohnert Park Department of Public Safety responds to large party calls that are generated by citizens complaints phoned into dispatch. Due to the large volume of party calls that the agency was responding to, it diverted officers away from other essential duties that keep Rohnert Park safe. In response, the City Council adopted ordinance No. 745, which amended existing Chapter 9.48, "Alcohol Offense /Loud Parties," of Section 9, "Public Peace, Morals and Welfare," of the Rohnert Park Municipal Code. Utilizing data from the previous 22 months of actual enforcement of the revised ordinance, it appears that, to date, when considering the increase in student population at the nearby colleges, the change has been an effective tool in dealing with party calls. Enclosures: See attached 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 Regular Time Approval O Public Hearing Required ( ) Not Recommended O Submitted ith Comment ( ) Policy Determination by oun i ( ) City Comments: City Manager's Signature: Date: /1 4' _ (Revis d 06 06) JA- S:05 -b INTER OFFICE MEMORANDUM TO: Thomas Bullard FROM: Vince Amato Director of Public Safety Lieutenant SUBJ: Analysis of Response to Large Parties DATE: 11 -21 -07 Executive Summary: This report reviews the effectiveness of the City of Rohnert. Park Municipal Code, Chapter 9.48, "Alcohol Offenses /Loud Parties," two -years after it was adopted. The statistical figures indicated a 12% reduction in the number of reported parties occurring in Rohnert Park during the first year of the ordinance in 2006. This year we have experienced an 18% increase from 2006. A contributing factor may be the largest student population increases in Sonoma State University and Santa Rosa Junior College's history. Background: On September 27, 2005, the City Council adopted ordinance No. 745, which amended existing Chapter 9.48, "Alcohol Offense /Loud Parties," of Section 9, "Public Peace, Morals and Welfare," of the Rohnert Park Municipal Code. The adopted amendment, which modified and increased the penalties for multiple responses to loud or unruly parties, was necessitated by the significant increase in the number of such loud or unruly parties over the previous three years from 2003 to 2005. Analysis: The Rohnert Park Department of Public Safety responds to large party calls that are generated by citizens complaints phoned into dispatch. Patrol officers very rarely self initiate response calls to parties. According to the sergeants who work during the nighttime hours, approximately 90% of the party disturbance calls that officers responded to involved college -aged students. The remaining 10% consisted of parties involving high school -aged students and adults over 30 years of age. Because of the potential dangers to officers and the general public related to large party calls, two or more officers were normally dispatched to these types of calls. Alcohol was associated with the majority of the parties, increasing the likelihood of poor judgment by those who attend. On several occasions, party goers refused to disperse and became confrontational with officers. Arrests have been made for public intoxication, minors in 1 possession of alcohol and resisting arrest. The potential for related crimes such as driving under the influence of alcohol and / or drugs is high. From January 1, 2005 to October 30, 2005, dispatch received more then 640 calls from concerned citizens who felt that their peace was being disturbed by such large gatherings. Patrol officers very rarely self initiate response calls to parties.. From January 2006 to October 2006, Dispatch received 573 disturbance calls in regards to loud parties. This was a decrease of approximately 12% o from the year prior. Additional Information • 129 of the 573 party calls had first responses issued (approximately 22% o) • 9 of the 573 party calls required a second response (approximately 1.5 %) • 4 of the 573 party calls required a reposting. • 7 of the 9 party calls have paid the $500.00 fine In 2007, we have scene an increase of 18% in disturbance calls from the year prior. From January 2007 to October 2007, Dispatch received 674 disturbance calls in regards to loud parties. Additional Information • 124 of the 674 party calls had a first response issued (approximately 18.5 %) • 5 of the 674 party calls required a second response (approximately .75 %) • 2 of the 674 party calls required a reposting • 3 of the 5 party calls have paid the $500.00 fine A contributing factor in : our current increase in disturbance calls may be due to the increase of students attending college. In 2005, Sonoma State University had a student population of approximately 7,500. In 2006, the population increased to 8,000. Sonoma State University had an enrollment for the fall 2007 semester of 8,769 students. Santa Rosa Junior College has an enrollment of 40,000 students. This may have contributed to the increase in our current call volume to disturbances. The University system estimates a 2 1/2% increase in student population each year for next three years. According to Sonoma State University Police, due to the large attendance this year, only freshman and sophomores (with very few exceptions) are housed on campus, leaving the junior and senior class to take residence in Rohnert Park and the surrounding areas. N Sonoma State University, due to the large attendance, has had an increase in campus housing evictions due to alcohol and marijuana violations according to the University Police. These students then find housing in Rohnert Park and the surrounding areas. Finding: Utilizing data from the previous 22 months of actual enforcement of the revised ordinance, it appears that, to date, when considering the increase in student population at the nearby colleges, the change has been an effective tool in dealing with party calls. Unfortunately, we have not reached the Department's goal of reducing party calls by 20 to 25 %. Recommendations /Action Items: Officer discretion or the party not meeting the criteria outlined in the Municipal Code, allowed for a response without posting for approximately 81.5% of the total calls in 2007. Only 5 of the remaining 124 that were posted resulted in a subsequent response. While officer discretion on initial responses does not adversely impact the effectiveness of the ordinance, officers should be strongly encouraged to issue notices on any second or subsequent response. Our highest months, August and September, which resulted in 209 (31 %) party calls, coincides with.the start of the school year for Sonoma State University (August 21, 2007) and Santa Rosa Junior College (August 20, 2007). It is going to be recommended that officers take a zero tolerance approach during these months. Since a large majority of the calls occur during the graveyard shift, the graveyard patrol sergeants were asked if the ordinance was working. It was the opinion of the sergeants that the ordinance was effective. It was also their opinion that the ordinance not be further amended at this time. It is the Agency's recommendation that the ordinance stays in affect as written. If the Agency experiences an unmanageable amount of party calls in the future, we will ask the City Council fora stricter amendment to the ordinance. 3 FaR- o 14a.-�9 q CITY OF ROHNERT PARK Council: l" COUNCIL AGENDA ITEM TRANSMITTAL REPORT Miscellaneous Communications Agenda 1 D Meeting Date: November 27, 2007 Copy to: opy to: lulDepartment: Building Division of the Community Development Department t/ l 21 Submitted By: Peter K. Bruck, Building Official P�"Do t-1-1 b Submittal Date: November 19, 2007 Agenda Title: 2007 Building Code Ordinance Requested Council Action: Adopt Ordinance 794 amending Title 15, "Buildings and Construction." of the Rohnert Park Municipal Code and adopting, by reference, the 2007 California Building Code, 2007 California Electrical Code, 2007 California Plumbing Code, and 2007 California Mechanical Code, as amended. The Ordinance also adds Section 15.04.010 (Local administrative authority defined) and Section 15.04.020 which references 2007 California Building Code, appendix chapter 1 — Administration, as amended. Summary: At its meeting on November 13, 2007, the City Council introduced Ordinance No. 794 by a vote of 4 -0 -1 (Mayor Vicki Vidak - Martinez absent) and set a public hearing for consideration of its adoption on November 27, 2007. 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: O Consent Item Regular Time T<)Approval O Public Hearing Required ( ) Not Reconunended O Submitted with Comment ( ) Policy Determination b ncil ( ) City Comments: City Manager's Signature: Date: 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 Council Chambers Rohnert Park City Hall 6750 Commerce Boulevard Rohnert Park, California 94928 WHEN: Tuesday, November 27, 2007, at the hour of 6:00 p.m. or as soon thereafter as the matter is reached on the agenda. PURPOSE: To consider adoption of an Ordinance Adopting the 2007 California Building Standards Code by Reference, Repealing, Sections 15.36.010, Chapter 15.12, Chapter 15.13, ad Chapter 15.30, Amending Section 15.04.010 and Chapters 15.08, 15.16, 15.20, and 15.24 of, and Adding a Section 15.04.020 to Title 15, "Buildings and Construction," of the Rohnert Park Municipal Code Representatives from City Building Division Staff will be available to respond to questions. All persons interested in this matter should appear at the November 27, 2007, City Council meeting. Written statements may be submitted to the City Clerk in advance for presentation to the Council as part of the public hearing. NOTE: If you challenge this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Rohnert Park at, or prior to, the public hearing. Copies of each Code along with the full text of the proposed Ordinance are available for public review during normal business hours at the City Clerk's Office, 6750 Commerce Boulevard, Rohnert Park, CA, (707) 588 -2227 Questions regarding this matter should be directed to Peter Bruck, Building Official, Community Development Department, Building Division, (707) 588 -2240. Dated: November 14, 2007 Judy Hauff, City Clerk Published: November 14, 2007 and November 21, 2007 ORDINANCE NO. 794 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK. CALIFORNIA ADOPTINGTHE 2007 CALIFORNIA BUILDING STANDARDS CODE BY REFERENCE, REPEALING SECTIONS 1536.010, CHAPTER 15.12, CHAPTER 15.13, AND CHAPTER 15.30, AMENDING SECTION l 5.04.010 AND CHAPTERS 15.08 -1 15.16. 15.20, AND 15.24 OF, AND ADDING A SECTION 15.04.020 TO TITLE 15, "BUILDINGS AND CONS'T'RUCTION," OF THE ROHNERT PARK MUNICIPAL CODE WHEREAS, the Building Division of the Community Development Department of the City of Rohnert Park is responsible for local enforcement of the California Building Standards Code, also known as California Code of Regulations. Title 24; and WHEREAS, the California Building Standards Code is updated by the California Building Standards Commission approximately every three years based upon published model codes specified in the California Health and Safety Code; and WHEREAS, local jurisdictions responsible for enforcement of the California Building Standards Code must enact local administrative regulations in order to implement the California Building Standards Code; and WHEREAS, on or before July I -, 2007, the California Building Standards Commission published the 2007 California Building Standards Code; and WHEREAS, on January 1, 2008, the building standards and regulations contained in the 2007 California Building Standards Code become effective and applicable throughout the State of California: and WHEREAS, it is sometimes necessary to amend the California Building Standards Code as allowed per the California Health and Safety Code due to climatic, geological, or topographical local conditions; and WHEREAS, the appendices of any parts of the California Building Standards Code only apply to a local Jurisdiction if specifically adopted by that agency or when specified by state law; and WHEREAS, it is necessary to authorize the Building Official to require that licensed building contractors perform specified work when public health and safety is at risk; and WHEREAS, nothing in this ordinance is intended to duplicate, contradict, or enter a field which has been fully occupied by state law, including the California Building Standards Code; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, does hereby ordain as follows: SECTION 1. Findings. The City Council finds that: A. A duly noticed public hearing regarding the proposed amendment to the Municipal Code will be held by the City Council on November 27, 2007. 13. lu accordance with CEQA Section 15061(b) (3), this is not a project subject to CEQA in that there is no possibility that the activity in question may have a significant effect on the Cl1V'n "onlncnt. C. "this ordinance is enacted pursuant to and in compliance with Health & Safety Code Section 17958.5 and as expressly permitted in Government Code Section 50022.2 to imiKe local amendments to the California Building Standards Code. D. As required Health and Safety Code 17958.7 (a), the amendments to the California Building Standards Code adopted by this ordinance and as described in Chapters 15.08 and 15.20 are necessary for the protection of the public health. safety and welfare due to the local climatic, geologic or topographical conditions as described in findings 1 through 5 belotiN 1. Due to the many street cul -de -sacs within the City and the distance between emergency response facilities, clearly visible street numbers on buildings, at all hours, are of necessity. This finding pertains to Section 15.08.020 of the Rohnert Park Municipal Code. 2. The soil conditions within the City are highly expansive, thereby creating the potential for damage to building foundations as well as concrete slabs. Means are required to keep rainwater away from foundations and slabs. This finding pertains to Sections 15.08.030. l 5.08.040; and 15.08.080 of the Rohnert Park Municipal Code. 3. The City experiences an unusually high water table, subjecting concrete slabs to excessive hydraulic pressure also resulting in the potential flooding within foundation crawl spaces. This finding pertains to Sections 15.08.030 and 15.08.040 of the Rohnert Park Municipal Code. 4. The soils within the City are considered acidic, creating a deleterious effect on metal piping placed underground. This finding pertains to Section l 5.20.030 of the Rohnert Park Municipal Code. 5. Water conservation is important in the region due to local geography and climate. Having alternatives for pipe sizing, use of gray water, and use of reclaimed water will help to conserve our water resources. This finding pertains to Sections 15.20.040 and 15.20.050. SECTION 2. Section 15.36.010 and Chapters 15.12, 15.13, and 15.30 of the Rohnert Park Municipal Code are repealed. SECTION 3. Section 15.04.010, of the Rohnert Park Municipal Code is amended to read: "15.04.010 Local administrative authority defined. Excepting California Building Code Appendix J — Grading, which is administered by the city engineer, and California Building Code Chapter 9 — Fire Protection Systems, which is administered by the fire code official, whenever the term "local administrative authority" or f►: "authority having jurisdiction" is used in the codes adopted by Chapters 15.04 through l 5.36, excepting Chapter 15.28, in reference to a local official charged with the responsibility of carrying out the regulations adopted by said code, such local official shall be the building official. Said building official shall have all authority -IN cn to such official by said code.` SECTION 4. Section 15.04.020, "Adopted Administrative Provisions." is added to Chapter 15.04, "General Provisions and Penalties,' of the Municipal Code to read: "15.04.020 Adopted — administrative provisions. 2007 California Building Code, appendix chapter 1 - Administration, adopted as amended. The provisions of the 2007 California Building Code_ appendix chapter l — Administration are adopted, as amended and set forth below, and shall apply to all locally enforced parts of California Code of Regulations, Title 24. A. SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the California Building Standards Code of the State of California, hereinafter referred to as "this code." 101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures within this jurisdiction, except work Iocated primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated in this code, and hydraulic flood control structures. Exception: Detached one- and two - family dwellings and multiple single - family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the California Building Code. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. 101.3 Intent. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations. 101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.7 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. The administrative provisions of this chapter shall apply to the administration of the other codes listed below with the exception of the California Fire Code, which is administered by the provisions of chapter 15.28 of the municipal code. I 101.4.1 Electrical. The provisions of the California Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. 101.4.2 Gas. The provisions of the California Mechanical Code shall apply to the installation of gas piping frorn the point of delivery. gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. 101.4.3 Mechanical. The provisions of the California Mechanical Code shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and /or appurtenances, including ventilating heating, cooling, air - conditioning and refrigeration systems, incinerators and other . energy - related systems. 101.4.4 Plumbing. The provisions of the California Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage 'system and all aspects of a medical gas system. The provisions of the California Plumbing Code shall apply to private sewage disposal systems. 01.4.5 Property maintenance. The provisions of the California Mechanical Code or the California State Housing Law as published in the California Code of Regulations. Title 25, Division 1, Chapter 1 shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures. 101.4.6 Fire prevention. The provisions of the California Fire Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. 10 1.4.7 Energy. The provisions of the California Energy Code, Title 24, Part 6 shall apply to all matters governing the design and construction of buildings for energy efficiency. 4 B. SECTION 102 APPLICABILITY 102.1 General. NN /here. in any specific case_ different sections ofthis code specify differ -ca-it materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict betNvccn a general requirement and a specific requireincnt, the specific requirement shall be applicable. Whcre there is a conflict between the administrative provisions in this section and the administrative provisions of the California Plumbing Code. California Electrical Code. or California Mechanical Code. the administrative provisions of this section shall govern. Where there is a conflict between the provisions regulating building standards in the California Building Code and the provisions of this section or locally adopted building standards, the provisions of the California Building Code shall govern unless such locaIIy adopted standards have been adopted pursuant to State law. 102.2 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. 102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. 102.5 Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. 102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the California Mechanical Code or the California Fire Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. C. SECTION 103 BUILDING DIVISION OF THE COMMUNITY DEVELOPMENT DEPARTMENT I03.1 Creation of enforcement agency. The Building Division of the Community Development Department is hereby created and the official in charge thereof shall be known as the building official. l 03.2 Appointment. The building official shall be appointed by the chief appointing authority of the jurisdiction. 1033 Deputies. In accordance with the prescribed procedures ofthis jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official. the related technical oflicers. inspectors_ plan examiners and other employees as provided for in the hiring policies and practices of the jurisdiction. Such employees shall have powers as delegated by the building official. For the maintenance of existing properties, see the California Mechanical Cock, and the California State Housin Law. D. SECTION 104 DUTIES AND POWERS OF BUILDING OFFICIAL 104.1 General_ The building official is hereby authorized and directed to enforce the provisions of this code except where authority has been granted to the Fire Code Official or the City Engineer as specified in this Code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 104.2 Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and structures, and the installation of mechanical, plumbing, and electrical equipment and appliances regulated by this Code. The building official shall inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. 104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. 104.4 Inspections_ The building official shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 104.5 Identification. The building official, inspectors employed by the jurisdiction, and independent consultants performing inspection duties on behalf of the jurisdiction, shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a 0 structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by 1111" code_ j)ro\ ided that if such structure or premises be occupied that credentia]s be presented to the occupant and entry requested. If such structure or premises is unoccupied. the building official shall first make a reasonable effort to locate the owner or other person hay ing charge or control of the structure or premises and request entry. If entry is refused, building official shall have recourse to the remedies provided by law to secure entry. 104.6.1 Cooperation of other officials and officers. The building official may request, and shall receive, the assistance and cooperation of other officials of this jurisdiction so far as is required in the discharge of the duties required by this code or other pertinent lav, or ordinance. 104.7 Department records. The building official shall keep official records of applications received_ permits and certificates issued, fees collected, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records. 104.8 Liability. The building official; member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved frorn personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. 1049 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. l 04.9.1 Used materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official. 104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code; the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety; or VA structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety. 104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit airy design or method of construction not specifically j-r-escribed by this code_ provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code. and that the material, method or work offered is, for the purpose intended. at least the equivalent of that prescribed in this code in quality, strength_ effectiveness, fire resistance, durability and safety. The details of action granting alternative materials. design and methods shall be recorded and entered into the files of the building division. 104.11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. 104.11 .2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records. E. SECTION 105 PERMITS 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual pen-nit. In lieu of an individual permit for each alteration to an already approved electrical, gas, mechanical or plumbing installation, the building official is authorized to issue an annual permit upon application therefore to any person, firm or corporation regularly employing one or more qualified tradespersons in the building, structure or on the premises owned or operated by the applicant for the permit. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building 8 official shall have access to such records at all times or such records shall be filed with the building official as designated. 1052 Work exempt from permit. Exemptions fi-om permit requirements 4111j" code shall not be deemed to grant authorization for any work to be done in any manner- in violation of the provisions of this code or any other laws or ordinances of this _jurisdiction. Permits shall not be required for the follo���ing: Building: 1. One -story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 128 square feet (11 m2) associated with R -3 and U occupancies only. 2. Fences not over feet (1829 mm) high. 3. Oil derricks. 4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class 1, 11 or IIIA liquids. 5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18 925 L) and the ratio of height to diameter or width does not exceed 2:1. 6. In R -3 and U occupancies, sidewalks; detached decks and platforms, and driveways, any of which are not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route. 7. Painting, papering, tiling, carpeting, cabinets in R -3 occupancies, counter tops in R -3 occupancies, and similar finish work that is not related to work that does require a permit. 8. Temporary motion picture, television and theater stage sets and scenery. 9. Prefabricated swimming pools accessory to a Group R -3 occupancy that are less than 18 inches (610 mm) deep, do not exceed 5,000 gallons (18 925 L) and are installed entirely above ground. 10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. 1 1. Swings and other playgroLmd equipment accessory to detached one - and two - family dwellings. 12. Window awnings, supported by an exterior wall, that do not project more than 54 inches (1372 min) from the exterior wall and do not require additional support of Group R -3 and U occupancies. 13. Non -fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (l 753mm) in height. Electrical: Gas: Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions; but do apply to equipment and wiring for a power supply and the installations of towers and antennas. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus. 1. Portable heating appliance, unless installed to meet the requirements of the California Energy Code. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance, unless installed to meet the requirements of the California Energy Code. 2. Portable ventilation equipment, unless installed to meet the requirements of the California Energy Code. 3. Portable cooling unit, unless installed to meet the requirements of the California Energy Code. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. I 5. Replacement of any part that does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 7. Self- contained refrigeration system containing 10 pounds (5 kg) or less of refrigerant and actuated by motors of l horsepower (746 W) or less. Plumbing. 1. The stopping of leaks in drains, water, soil_ waste or vent pipe, provided, however. that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. Exception: For other than R -3 or U occupancies, replacement of water closets, urinals, and lavatories shall require a pen-nit issued by the building division and the replacement of these fixtures must comply with current provisions for accessibility as found in chapters 11 A and I I B of this Code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. 105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the pen-nit application shall be submitted within the next working business day to the building official. 105.2.2 Repairs. Application or notice to the building official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load - bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil; waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety. W 105.2.3 Pkiblic scry ice agencies. A permit shall not be required for the installation. alteration or repair of generation, transmission, distribution or metering or other related equipment that is under- the ownership and control of public service agencies by cstablishcd right. 1053 Applicalion for permit. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the building division of the community development department for that purpose. Applications not containing the information required above shall be deemed incomplete and shall be returned to the applicant. An application date shall not be assigned to a permit application unless the application has been deemed complete. Such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by Legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use and occupancy for which the proposed work is intended. 4. Be accompanied by construction documents and other information as required in Section 106. 5. State the valuation of the proposed work. 6. Be signed by the applicant, or the applicant's authorized agent. 7. Give such other data and information as required by the building official, other departments or divisions of the jurisdiction, and local ordinances. 105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building. official shall reject such application in writing, stating the reasons therefore. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto; the building official shall issue a permit therefore as soon as practicable. 105.3.2 Time limitation of application. A building permit application shall expire if no permit is issued within one year of the date the application is filed. The plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period of 180 days upon written request by the applicant 11% showing that circumstances beyond the full control of the applicant have prevented any action from being taken. In the event that the applicant is diligently pursuing permit issuance and there have been no updates to the required pennit since the time of initial submittal of the building permit application. the building official may extend the application an additional 180 days. Fees for extension of permit applications and issued permits shall be in the amounts fixed by resolution of the city council. In order to renew action on an application after expiration, the applicant shall reapply for the building permit, resubmit plans and pay a new plan review fee. 105.4 Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for. or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction. Furthermore, the building official is authorized to prevent occupancy or use of a structure when one of more conditions stipulated by the city's planning commission have not been completed or satisfied. 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 184 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, no more than one extension for a period of not more than 180 days. The extension shall be requested in writing and justifiable cause demonstrated. 105.6 Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code, or other ordinances of this jurisdiction. 105.7 Placement of permit. The building pen-nit shall be kept on the site of the work until the completion of the project. The building permit shall be made available to the building official or building inspectors at all times. F. SECTION 106 CONSTRUCTION DOCUMENTS 106.1 Submittal documents. Construction documents, statement of special inspections and other data necessary to show compliance with this Code shall be submitted in one or more sets with each permit application as specified by the building official. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. 13 Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that revicti.N: of construction documents is not necessary to obtain compliance with this code. 106.1.1 Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent ol' the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official. 106.1.1.1 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance with this code and the city's fire code ordinance. The construction documents shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9, the city's fire code ordinance, and as required by the fire code official. 106.1.2 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in �,� :X. "pliance with the provisions of this code. In other than occupancies in Groups R -2, R - -3, and I -1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces. 106.1.3 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water - resistive membrane and details around openings, and any other juncture of exterior building envelope elements. The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used. 106.2 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood 14 elevations; and it shall be drawn in accordance with an accurate boundary line survev. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. When a site plan is required as part of a building permit application that requires the review of the city's engineering department, the information required on the site plan(s) shall be as specified by the city engineer. 106.3 Examination of documents. The building official shall examine or cause to be examined the accompanying construction documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. 106.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as "APPROVED PLANS." "Approved Plans shall mean the plans have been reviewed for compliance with this Code and local ordinances. One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. 106.32 Previous approvals. This code shall not require changes in the construction documents. construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise Iawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. 106.3.3 Phased approval. The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such pen-nit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the construction operation and without assurance that a permit for the entire structure will be granted. 106.3.4 Design professional in responsible charge. 106.3.4.1 General. When it is required that documents be prepared by a registered design professional, the owner shall engage, and designate on the building permit application, a registered design professional who shall act as the registered design professional in responsible charge. This person may also be known as the architect /engineer of record. If the circumstances require, the owner shall designate a substitute registered design professional in responsible 15 charge who shall perform the duties required of the original relliSMred design professional in responsible charge. The building official shall be notified in writing by the owner if the registered design professional ill responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items_. for compatibility with the design of the building. Where structural observation is required by Section 1709. the statement of special inspections shall name the individual or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur (see also duties specified in Section 1704). 106.3.4.2 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period. Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official. Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and been found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the design and submittal documents have been approved by the building official. The building division is authorized to collect additional fees as set forth in section 108 to cover the additional cost of reviewing the deferred submittal items. 106.4 Amended construction documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. The building division is authorized to collect additional fees as set forth in section 108 to cover the additional cost of reviewing and inspecting the changed items. 106.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local Iaws. 16 G. SEC "I-ION 107 TEMPORARY STRUCTURES AND USES 107.1 Gencral. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time oaf service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause. 107.2 Conformance. Temporary structures and uses shall conform to the structural strength, fire safety. means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure public health, safety and general welfare. 107.3 Temporary power. The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in the Califbrnia Electrical Code. 107.4 Termination of approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued. II. SECTION 108 FEES 108.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment or revision to a permit, or approved deferred submittal item be released until the additional fee, if any, has been paid. 108.2 Schedule of perinit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems, or alterations requiring a permit, a fee for each pen-nit shall be paid as required, in accordance with the 1997 Uniform Administrative Code published by the International Conference of Building Officials, local ordinances, or city council resolution. The city council may replace the fee provisions of the 1997 Uniform Administrative Code by means of a resolution. 108.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment, finish work, painting, roofing, elevators, fire- extinguishing systems, and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official. 17 108.4 Work corninencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fce established by city council resolution or two times the building permit fee specified in the fee adopted fee schedule. whichever is greater. 108.5 Related fees. The payment of the fee for the construction. alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by laN . 108.6 Refunds. The building official may authorize refunding of any fee paid hereunder which was erroneously paid or collected. a. The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. b. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. C. The building official may authorize refunding of 100 percent, of fees other than permit or plan check fees when no work has been done under a permit issued in accordance with this code. d. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than one year after the date of the fee payment. I. SECTION 109 INSPECTIONS 109.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work, including work intended to comply with chapter 14.50 - Green Building of the city's municipal code, shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. hnspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work, including work intended to comply with chapter 14.50 - Green Building of the city's municipal code, to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 18 109.2 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. The building division is authorized to collect additional fees as set forth in section 108 to cover the additional cost of performing preliminary inspections. 109.3 Required inspections. The building official, upon notification, shall make the inspections set forth in Sections 1093.1 through 109.3.10. 109.3.1 Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except Nvherc concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job. 109.3.2 Concrete slab and under -floor inspection. Concrete slab and under -floor inspections shall be made after in -slab or under -floor reinforcing steel and buildin( service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. 109.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further- vertical construction, the elevation certification required in Section 1612.5 shall be submitted to the building official. 109.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fireblocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating ,sires, pipes and ducts are approved. 109.3.5 Lath and gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished. 1093.6 Fire - resistant penetrations. Protection of joints and penetrations in fire - resistance -rated assemblies shall not be concealed from view until inspected and approved. 1 09.3.7 Energy efficiency inspections. Inspections shall be made to determine compliance with the California Energy Code and shall include, but not be limited to, inspections for: envelope insulation R and U values, fenestration U value, duct system R value, and HVAC and water - heating equipment efficiency. 109.3.8 Other inspections. In addition to the inspections specified above, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the department of building safety. [: 109.3.8.1 Green Building inspections. Inspections for compliance with the city's green building ordinance shall be made as specified in chapter 14.50 of the city's municipal code. The permit applicant shall not cover up any work that would interfere Nvith the building inspector's ability to determine compliance with the green building ordinance. 109.3.9 Special inspections. For special inspections, see Section 1704. 109.3. 10 Final inspection. A final inspection shall be made after all work required by the building permit is completed_ When other- city departments or divisions have approved portions of the work authorized under the building permit or permits issued by the other departments or divisions, the final building inspection shall not be performed until approvals by the other departments or divisions have been completed. 109.4 Inspection agencies. The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability. 109.5 Inspection requests. It shall be the duty of the holder of the building pennit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. The city shall perform inspections in no less than two business days from the date of inspection request. If the inspection load is such that a requested inspection cannot be performed within this tune period, the requested inspection shall be scheduled for the first available time. 109.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. 109.7 Special Seismic inspection. All new structures consisting of H, R -1, R -2, R -3, R -3.1 and R -4 occupancies with any occupant load, or A, B, E, F, 1, M, S occupancies with an occupant load of 50 or greater, shall employ a third -party inspector for the purpose of inspecting the components of the lateral load resisting system. Third party inspectors, similar to special inspectors as required elsewhere in Chapter 17, shall be approved by the building official. All costs associated with the special seismic inspection process shall be borne by the developer. The building official shall be authorized to hire special seismic inspectors on a permit by permit basis and charge the permit applicant as provided in section 108 of this chapter. 20 J. SECTION l 10 CERTIFICATE OF OCCUPANCY 110.1 Use and occupancy. No building or structure, including single family homes, shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. A certificate of occupancy may not be issued until a final inspection has been performed. 110.2 Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the department of building safety, the building official shall issue a certificate of occupancy that contains the following: 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner. 4. A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. The name of the building official. 7. The edition of the code under which the permit was issued. 8. The use and occupancy, in accordance with the provisions of Chapter 3. 9. The type of construction as defined in Chapter 6. 10. The design occupant load. 11. Any special stipulations and conditions of the building permit. 110.3 Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid. 21 1 10.4 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion. or .temporary certificate of occupancy, issued under the provisions of this code tivherey ei the certificate is issued in error, or on the basis of incorrect information supplied_ or where it is determined that the building or structure or portion thereof is in violation of any ordinance or rcgulation or any of the provisions of this code. K. SECTION I l l SERVICE UTILITIES I 1 1.1 Connection of, service utilities. No person shall make connections from a utility, source of energy, fuel or power to anv building or system that is regulated by this code for which a permit is required, until released by the building official. l l 1.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. The building official shall have the authority to authorize disconnection of temporary utility services to eliminate an immediate hazard to life or property, or when the conditions of approval for the temporary connection have been violated. 1 l l .3 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property. The building official shall notify the serving utility, and whenever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. L. SECTION 112 BOARD OF APPEALS 1 l 2.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business. 112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of this code. 112.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction. 22 M. SECTION l 13 VIOLATIONS 113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove. demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. 113.2 Notice of- violationi. The building official is authorized to serve a notice ofviolation or order on the person responsible for the erection, construction, alteration, extension, repair, moving removal demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. 113.3 Prosecution of violation. If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. 113.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. N. SECTION 114 STOP WORK ORDER 114.1 Authority. Whenever the building official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the building official is authorized to issue a stop work order. 114.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume. If the owner of the property involved, or the owner's agent, or the person doing the work are not available, the stop work order shall be posted in a conspicuous location. 114.3 Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. 23 O. SECTION 115 UNSAFE STRUCTURES AND EQUIPMENT 1 15.1 Conditions. Structures or existing equipment that are or hereafter become unsafe. unsanitary or deficient because of inadequate means of egress facilities, inadequate light and °erntilation_ or which constitute a fire hazard, or arc otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance_ shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe_ as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe. 1 1 5.2 Record. The building official shall cause a report to be filed on an unsafe condition_ The report shall state the occupancy of the structure and the nature of the unsafe condition. 115.3 Notice. If an unsafe condition is found, the building official shall serve on the owner, agent or person in control of the structure, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the building official acceptance or rejection of the terms of the order. 115-4 Method of service. Such notice shall be deemed properly served if a copy thereof is (a) delivered to the owner personally; (b) sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested; or (c) delivered in any other manner as prescribed by local law. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the structure shall constitute service of notice upon the owner. 115.5 Restoration. The structure or equipment determined to be unsafe by the building official is permitted to be restored to a safe condition. To the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions or change of occupancy shall comply with the requirements of Section 105.2.2 and Chapter 34. P. SECTION 116 LICENSED CONTRACTORS 116.1 Licensed contractor required. When a permit is taken out by an owner - builder or someone without a valid California contractor's license, the building official is authorized to require the work, or portion of work, authorized by a valid permit to be performed by a licensed California contractor if the building official determines the public safety and welfare is at risk." 24 SECTION 5. Section 15.08.010- "Adopted — California Building Standards Code. Title 24. Part 2," of Chapter 1 5.08, "Building Code,` of the Rohnert Park Municipal Code is amended to read: "15.08.010 Adopted - -2007 California Building Standards Code, Title 24, Part 2. 2007 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 2. incorporating the International Building Code, 2006 Edition, published by the International Code Council, one copy of which has been filed for use and examination by the public in the office of the building official, is adopted by reference, subject to the following additions and amendments to certain sections thereof which shall read and provide as set forth in this chapter.' SECTION 6. Section 15.08.020. "Section 502 Amended — Illuminated Street Addresses." of Chapter 15.08, "Building Code,"' of the Rohnert Park Municipal Code is amended to read: "Section 501.2 amended -- Address Numbers. Address numbers shall meet the requirements specified in section 15.28.505.1 of this Title." SECTION 7. Section 15.08.030, '`Section 1506.3 amended — Roof drainage," of Chapter 15.08, `Building Code," of the Rohnert Park Municipal code is amended to read: "Section 1503.4 amended -- Roof drainage. All buildings of Group R Occupancy shall include a concrete landing at the exterior of garage side doors. The landing area shall be a minimum of nine sq. ft. (3'x3'). Group R and U structures shall include rain gutters; downspouts, rain leaders and splash blocks ". SECTION 8. Section 15.08.040, "Section 1815.1, Division III amended — Buildings utilizing slab on grade construction," of Chapter 15.08, Building Code," is amended to read: "Section 1805.8.2.1 added -- Slab -on -grade foundations. A. Unless conforming to Section 1805.8 in its entirety and other than pre- or post - tensioned slabs and engineered pier and grade beam foundations systems, buildings utilizing slab on grade construction shall be constructed on a building pad consisting of a minimum of thirty inches of engineered non - expansive fill material meeting the requirements of Table I .below. The building pad area to receive the engineered non - expansive fill shall include an area at least five feet beyond the outside edge of the building foundation. The building pad area shall be over excavated to the proper depth and the grade scarified to a minimum depth of eight inches and shall be moisture conditioned and re- compacted to a minimum of ninety percent over optimum. The engineered non - expansive fill shall be placed in lifts not exceeding eight inches, brought to near optimum moisture content and compacted to a minimum of ninety percent of maximum dry density at or within two percent of the optimum moisture content. The depth of the engineered non - expansive fill shall be increased as necessary to maintain a minimum of twelve inches of the engineered non - expansive fill material under all footings, unless detennined otherwise by the soils report /geotechnical engineer and approved by the 25 building official. Lime treatment is an acceptable alternative to engineered non- expansive fill, providing that it is described within the project geoteehnical report as an allowable alternative. "Fable I Non - expansive Fill Requirements Plasticity hldex less than 13 Liquid Limit less than 50 Percent Sol] Passing between 5"(') & 4,()0 #200 Sieve Maximum Aggregate 3 inches Size Maximm u Dry Density as determined by ASTM- D1557 test procedures B. Except for residential additions of 500 sq. ft. or Less and Group U buildings of' 500 sq. ft. or less, all foundation designs shall reference a current site specific soils investigation report. The allowable area requirements of this subsection may be increased to 1.000 sq. ft. for R -3 construction when a request is submitted in writing to the building official and the building official approves such request." SECTION 9. Section 15.08.050, "Section 1900, Division 1 amended — Slab reinforcement." of Chapter 15.08, "Building Code," is amended to read: "Section 1910. 1.1 added - -Slab reinforcement. A. All concrete slabs, except sidewalks shall have a minimum reinforcement of 43 rebar placed 18" on center, each way. Reinforcement shall be placed on suitably sized supports, concrete cubes, or similar material approved by the building official, so as to suspend the reinforcement mid plane in the slab. All exterior concrete slabs shall have weakened plane joints at a maximum of 10 ft. intervals each way. B. All concrete slabs except sidewalks shall have a minimum sand or approved rock base cushion of not less than four inches in thickness placed immediately below the slab. C. Except in Group U Occupancies, building slabs shall be protected from the entrance of ground water and water vapor to the slab area by a moisture barrier. The moisture barrier may consist of 15 lb. Felt paper, lapped no less than six inches and thoroughly mopped with hot asphalt, plastic membrane of not less than 10 mil, lapped no less than six inches; or other materials approved by the building official." SECTION 10. Section 15.08.080, "Appendix chapters added," of Chapter 15.08, `Building Code," is amended to read: "15.08.080 Appendix chapters added. 26 Appendix Chapter 1. Patio Covers and Appendix chapter J shall be considered as part of the body of the code as adopted in Section 15.08.010." SI1:CTION 1 I. Section 15.16.010, "Adopted — California Building Standards Code, "Title 247 fart 3," of Chapter 15.16, "Electrical Code," is amended to read: 15.1 6.010 Adopted -- California Building Standards Code, Title 24_ Pail 3. The 2007 Edition of the California Building Standards Code, known as the California Code of Regulations. Title 24, Part 3. incorporating the "National Electrical Code,'' 2005 Edition, published by the National Firc Protection Association, one copy ol'which has been filed for use and examination by the public in the office of the building official, is adopted by reference." SECTION 12. Section 15.16.020, "Adopted- -Annex G (also known as Article 80) Administration and Enforcement," is added to Chapter 15.16, "Electrical Code,'' to read: "Annex G (also known as Article 80) Administration and Enforcement, excepting articles 80.15 and 80.27, of the Appendix to the 2007 California Electrical Code is adopted. When there is a conflict with the provisions of this section and section 15.04.020, the provisions of chapter 15.04.020 shall govern." SECTION 13. Section 15.20.010, "Adopted — California Building Standards Code, Title 24, Part 5," of Chapter 15.20, "Plumbing Code," is hereby amended to read: "15.20.010 Adopted -- California Building Standards Code, Title 24, Part 5. The 2007 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 5, incorporating the "Uniform Plumbing Code," 2006 Edition, published by the International Association of Plumbing and Mechanical Officials, one copy of which has been filed for use and examination by the public in the office of the building official, is adopted by reference." SECTION 14. Section 15.20.020," Sections 301. 1.1 and 604.1 amended — Materials," of Chapter 15.20, "Plumbing Code," is amended to read: "15.20.020 Sections 301. 1.1 and 604.1 Amended -- Materials. A sentence is added to Sections 301.1.1 and 604.1 and shall read as follows: 'All underground service supply lines shall be of non - metallic material consisting of either polyethylene, minimum class 160, Poly Vinyl Chloride (PVC), minimum schedule 40, PEX or PEX -AL- PEX. Metallic materials may be used when suitable protection, approved by the building official, is provided. "' SECTION 15. Section 15.20.030, "Appendix chapters added," of Chapter 15.20, "Plumbing Code," is amended to read: 27 "15.20.020 Adopted Appendix chapter 1, Administration Appendix chapter 1, Administration, is adopted. When there is a conflict with the provisions of this section and section 15.04.020. the provisions of section 15.04.020 shall govern." SECTION 16. A Section 15.20.040. --Appendix chapters added." is added to Chapter 15.20, "Plumbing Code," to read: " Appendix chapters added. A. Appendix Chapter A. Sizing Water Supply, Appendix Chapter B, Explanatory Notes on Combination Waste & Vent Systems, Appendix Chapter D. Sizing Storm -Water Systems, California Plumbing Code Appendix Chapter G. Gray Water Standards, and Appendix Chapter I, Installation Standards; of the Appendix to the 2007 California Plumbing Code shall be considered as part of the incorporation of the code as referenced in Section 15.20.010. B. Uniform Plumbing Code chapter 16 Gray Water Systems. Part 11 is adopted." SECTION 17. Section 15.24.01 Q "Adopted — California Building Standards Code, title 24, Part 4," of Chapter 15.24, "Mechanical Code.'` is amended to read: "15.24.010 Adopted -- California Building Standards Code. Title 24, Part 4, The 2007 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 4, incorporating the "Uniform Plumbing Code,"' 2006 Edition, published by the International Association of Plumbing and Mechanical Officials, one copy of which has been filed for use and examination by the public in the office of the building, official, is adopted by reference." SECTION 18. Section 15.24.020, "Adopted -- Appendix chapter 1, Administration," is added to Chapter 15.24, " Mecbanical Code," to read: "15..24.020 Adopted —Appendix chapter 1, Administration. Appendix chapter 1, Administration, of the Appendix to the 2007 Mechanical Code is adopted. When there is a conflict with the provisions of this section and section 15.04.020, the provisions of section 15.04.020 shall govern." SECTION 19. SEVERABILITY Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance be declared unconstitutional or invalid for any reason, such declaration shall not affect the validity of the remaining portions of this ordinance. 28 SECTION 20. EFFECTIVE DATE This ordinance shall be in full force and effective on January 1, 2008, no less than 30 days after its adoption, and shall be published or posted as required by law. This ordinance was introduced on the 13"' day of November. 2007 and DULYAAID REGULARLYADOPI'ED this dad% 2007 by the following vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ROHNERT PARK Mayor ATTEST: City Clerk APPROV.D AS TO FORM: City K2� 3I Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2`1 & 4 °i Tuesdays of each month: Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via email for review and approval as to form DUE no later than NOON Three (3) Mondays prior to Council meeting date Agenda Items w /attachments via email and hard copy to City Clerk DUE no later than NOON Two (2) Mondays prior to Council meeting date Agenda Draft review by Mayor. City Manager. Assistant Cite Attorney. Cily Clerk no later than Tuesday morning One (1) week prior to Council meeting date Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on Wednesday afternoon One (1) week prior to Council meeting date in compliance with Rohnert Park Municipal Code Section 2.08.050 {This section for City Clerk Use Only} FOR RESO. Council: X Miscellaneous Communications Agenda: 11127107 X 11/21107 -TG Copy to: CITY OF I OHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: November 27, 2007 Department: Administration Submitted By: Linda T. Babonis, Management Analyst Submittal Date: November 16, 2007 Agenda Title: Non- Binding Letter of Intent to Rohnert Park Disposal, Inc. to Amend Franchise Agreement Requested Council Action: Authorize and direct City Manager to execute and deliver on behalf of the City of Rohnert Park Letter of Intent concerning proposed amendment of the Franchise Agreement. Summary: At the September 25, 2007 Waste and Recycling Work Session the City Council approved the extension of the Rohnert Park Disposal, Inc. ( "RPD ") Refuse, Recyclable Materials, Compostable Materials and Street Sweeping Services Agreement, dated May 29, 2001 ( "Agreement ") and the acquisition of new fleet vehicles which would be funded by a one -time increase in refuse rates and capitalized over the course of seven (7) years. On November 6, 2007 the Waste & Recycling Subcommittee directed staff to draft a resolution indicating the City's intent to extend the franchise agreement for an additional seven (7) years, amend the contract to incorporate additional terms and conditions previously discussed between the City of Rohnert Park and RPD, memorialize services currently provided by RPD to the City of Rohnert Park, and to acquire new fleet vehicles that meet or exceed Air Resources Board standards for solid waste collection vehicles Attached are a Resolution authorizing and directing the City Manager to execute and deliver on behalf of the City of Rohnert Park a Letter of Intent concerning the proposed amendment of the Franchise Agreement and a copy of the Letter of Intent. Staff recommends City Council adopt this Resolution and approve delivery of the Letter of Intent. Enclosures: CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney. CI Y MANAGER'S RECOMMENDATION: Consent Item ( ) Regular Time Approval () Public Hearing Required ( ) Not Recommended O Submitted with Comment ( ) Policy Determination by ncil O City Comments: City Manager's Signature: Date: C 2� (Revised 01M7) J 1:7 -G -S :U5 -b RESOLUTION NO. 2007 -204 A RESOLVTJON OF TIIE CITY COUNCIL OF THE CITY OF ROHNERT PARK DIRECTING CITY STAFF TO SEND A NON - BINDING LETTER OF INTENT TO ROHNERT PARK DISPOSAL, INC. TO AMEND THE AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND ROHNERT PARK DISPOSAL, INC. FOR REFUSE, RECYCLABLE MATERIALS, COMPOSTABLE MATERIALS AND STREET SWEEPING SERVICES WHEREAS, at the September 25, 2007 Waste and Recycling Work Session the City Council of the City of Rohnert Park approved the extension of the Rohnert Park Disposal, Inc. ( "RPD ") Refuse, Recyclable Materials, Compostable Materials and Street Sweeping Services Agreement, dated May 29, 2001 ( "Agreement ") and the acquisition of new fleet vehicles which would be funded by a one -time increase in refuse rates and capitalized over the course of seven (7) years; and WHEREAS, on November 6, 2007 the Waste & Recycling Subcommittee directed staff to draft a resolution indicating the City's intent to extend the franchise agreement for an additional seven (7) years, amend the contract to incorporate additional terms and conditions previously discussed between the City of Rohnert Park and RPD, memorialize services currently provided by RPD to the City of Rohnert Park, and to acquire new fleet vehicles that meet or exceed Air Resources Board standards for solid waste collection vehicles; and WHEREAS, the City Council of the City of Rohnert Park is committed to utilizing their existing authorities and specific measures to achieve the transition to Zero Waste; and WHEREAS, the City Council fully supports and wishes to pursue opportunities to reduce wastes that currently flow into our landfills through public education and outreach, local take -back programs, the provision of incentives to businesses and individuals whose efforts promote increased recycling and re -use, by adopting refuse rates that reward those who recycle more and generate less waste, by advocating for legislated Extended Producer Responsibility (EPR) Programs, by partnering with organizations that host drop -off locations for materials that are either banned from landfills or are candidates for recycle or re -use, and by modeling this commitment through their own waste reduction practices; and WHEREAS, the City desires that such measures to achieve Zero Waste and waste reduction would be memorialized in the proposed amendment to the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and direct the City Manager to execute and deliver on behalf of the City of Rohnert Park that certain Letter of Intent concerning the proposed amendment of the Agreement, a copy of which is attached hereto for reference. 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 27th day of November. 2007. ATTEST: City Clerk (2) CITY OF ROHNERT PARK Mayor [CITY LETTERHEAD] November 27, 2007 Rick Powell, President Rohnert Park Disposal, Inc. P.O. Box 1916 Santa Rosa, CA 95402 Re: Proposed Amendment ( "Amendment ") of the Agreement between the City of Rohnert Park ( "City ") and Rohnert Park Disposal, Inc. ( "RPD ") for Refuse, Recyclable Materials, Compostable Materials and Street Sweeping Services dated May 27, 2001 ( "Agreement "). Dear Mr. Powell: On September 25, 2007, the City Council of the City authorized the City Manager to negotiate an extension to the Agreement with RPD. On November 6, 2007, the City Waste and Recycling Subcommittee directed staff to draft a resolution and letter of intent indicating the City's desire to enter into the proposed Amendment. The purpose of this letter is to set forth the major business terms upon which the City, subject to City Council approval, would be willing to enter into the Amendment with RPD. The major business terms of the proposed Amendment are as follows: 1. Extension of Term. The term of the Agreement would be extend for an additional seven (7) years. 2. Project Funds /Garbage Fund. The funds currently held in the supplemental education fund pursuant to the Agreement would be reallocated as follows: $25,000 to special projects /targeted outreach $25,000 to hauler for mutually agreed upon projects /outreach $10,000 to enforcement support 3. Household Battery Recycling Program. RPD would coordinate the City- sponsored Household Battery Recycling Program. Such coordination would include, but not be limited to, RPD reporting collected battery weights to the City. 4. Expansion of City Pick -Up Sites. The Amendment would provide a description of additional locations where RPD would be required to collect refuse. 5. Community Cleanup Events. RPD would provide additional support for Community Cleanup Event occurring in the City. Such support would include, but not be limited to, advertising such events in utility billing inserts and in the "Community Voice." 1054280v1 80078/0012 6. Motor Oil Program. RPD would implement a used motor oil collection program that would be established at multi - family residences. 7. E -Waste Program. RPD would co- sponsor an electronic waste event with Goodwill Industries and Sonoma County. 8. Undocumented Services. City and RPD would memorialize those services currently being performed by RPD but not specified within the contract. 9. Street Sweeping Schedule. RPD and City would establish a revised street sweeping schedule for commercial and residential refuse collection. 10. Indemnification. RPD would indemnify City for all claims arising directly or indirectly from services provided pursuant to the Agreement. The indemnification language contained in the Agreement would be revised pursuant to the Amendment as appropriate. 11. Zero -Waste Goals. RPD would adopt operations initiatives to achieve zero -waste from refuse collection activities. 12. Flow- Control of Waste and Recyclables. The Amendment would affirm the City's conrol of waste and recyclables flow - control. 13. Fee Structure. RPD would work with City on implementing any new fee structure imposed by the Sonoma County Solid Waste Agency, or its successor agency. 14. Cooperation during Natural or Man -made Disasters. RPD and City will discuss the coordination of emergency response during a disaster. These are the major business terms upon which the City, subject to approval of the City Council, is prepared to enter into the Amendment with RPD. This letter is not intended to be legally binding, and neither City nor RPD would be legally bound unless and until a formal Amendment is entered into between City and RPD. Although neither party will be legally bound by this letter unless and until the City Council has approved the Amendment at a noticed public hearing and formal legal documents have been signed, it does require the parties to work together in good faith to attempt to reach formal documentation on these major business terms. If the parties have not signed the Amendment for any reason by March 31, 2008, however, neither party will have any further obligation to proceed in good faith with these negotiations. Very truly yours, Stephen Donley, City Manager 1054280v1 80078/0012 The terms and conditions of the foregoing letter of intent are hereby accepted by the undersigned on , 2007. Rolinert Park Disposal, Inc. C Its: 1054280x1 80078/0012 Griffin, Terri From: Tacata, Eydie Sent: Tuesday, November 20, 2007 2:57 PM To: Hauff, Judy Cc: Griffin, Terri Subject: Resignation of Earl Cruser from Bicycle Advisory Committee MO 9 Page 1 of 1 Council; Miscellaneous Communications Agendall Copy to: Copy to: Judy: I have been informed via telephone that Earl Cruser is resigning from his appointment on the Bicycle Advisory Committee. At the last Bicycle Advisory Committee meeting on October 29, 2007, he also announced his intent to resign. A formal written or e- mailed resignation from Earl is forthcoming. Eydie 11/20/2007 Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2 "d & 4`t' Tuesdays of each month: Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via email for review and approval as to form DUE no later than NOON Three (3) Mondays prior to Council meeting date Agenda Items w /attachments via email and hard copy to City Clerk DUE no later than NOON Two (2) Mondays prior to Council meeting date Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday morning One (1) week prior to Council meeting date Agenda Packets distributed to City Council and Agendas posted /distributed/mailed on Wednesday afternoon One (1) week prior to Council meeting date in compliance with Rohnert Park Municinal Code Section 2.08.050 {This section for City Clerk Use Only) z-MK Ao. q Council: X Cynthia Frazer Miscellaneous Susan Harrow _ Communications (At Large) Holly Melton Agenda: 11127107 X 11121/07 -TG Copy to: CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: November 27, 2007 Department: Administration Submitted By: Judy Hauff, City Cler (Name & Title) Submittal Date: November 16, 2007 Agenda (Subject Only) Title: Commission /Committee /Board Appointments (Terms to Expire) Requested Council Action: Direct the City Clerk to Send Letters to Commission, Committee and Board Members whose Terms Expire December 31, 2007, regarding Interest in Re- appointment Summary: The following is a list of the City's Commission, Committee, and Board terms to expire on December 31, 2007, for Council's consideration of appointments at its meeting of January 8, 2008. Mobile Home Parks Rent Appeals Board (Two -year Term) • (Three two -year terms expire 12131107) Lorna Blanc (Vidak- Martinez nomination) Katherine Collins (Breeze nomination) Barbara Utter (Smith nomination) Sister Cities Relations Committee (Two -year Term) • (Six two -vear terms expire 12131107 Gordon Adam (At Large) Cynthia Frazer (At Large) Susan Harrow (At Large) Tadao Kunishi (At Large) Holly Melton (At Large) Samantha Skinner (At Large) Enclosures: Draft Letter to All Commission, Committee and Board Members Fact Sheet for City Council Appointments to Commissions, Boards or Committees Notice of Commission, Committee and Board Vacancies for Distribution & Posting 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: O Consent Item (,Regular Time Approval O Public Hearing Required ( ) Not Recommended O Submitted with Comment O Policy Determination by out it ( ) City Comments: ' 3 I City Manager's Signature: Date: C l (Revised 11 050 Jfl: G- S:05 -b City Council Vicki Vidak- Martinez Mayor Jake Mackenzie Vice -Mayor Amie L. Breeze Tim Smith Pam Stafford Council Members Stephen R. Donley City Manager Judy Hauff City Clerk Michelle Marchetta Kenyon City Attorney Thomas R. Bullard Director of Public Safety Darrin W. Jenkins Director of Public Works/ City Engineer Ron Bendorff Director of Community Development Sandra M. Lipitz Director of Administrative Services November 28, 2007 To: All City Commission, Committee and Board Members Attached for your information is a complete listing of City of Rohnert Park Commissions, Committee and Board Appointments. Please note that only a few appointment terms are due to expire on December 31, 2007. The purpose of this letter is to request that each of you review the attached list to see if your particular term will expire at the end of this year. If your term is due to expire on December 31, 2007, and if you are interested in being considered for re- appointment, please let us know by completing the enclosed Fact Sheet and returning it to the City Manager's Office by Friday, December 28, 2007. Submittal of a Fact Sheet is required from all persons seeking Council's consideration of appointment or re- appointment. The City Council will make appointments for current vacancies or expired terms to all Commissions, Committees and Boards at its meeting first in January 2008. Thank you for your valuable contribution to our community. Sincerely, Judy Hauff City Clerk Enclosure cc: Mayor and City Council Members Stephen R. Donley, City Manager Michelle Marchetta Kenyon, City Attorney All City Commissioners, Committee & Board Members Staff Representatives for Commissions, Committees & Boards 6750 Commerce Boulevard • Rohnert Park CA • 94928 • (707) 588 -2226 • Fax (707) 588 -2263 www. rpcity. org CITY OF ROHNERT PARK - 6750 Commerce Blvd. - Rohnert Park, CA • 94928 PHONE: (707) 588 -2227 FAX: (707) 588 -2274 FACT SHEET FOR CITY COUNCIL APPOINTMENTS TO COMMISSIONS, BOARDS OR COMMITTEES To which Commission, Board, or Committee do you seek Appointment? Name: Address: Work phone: E -mail: Residence Telephone: Fax: Cell: Indicate Reasons for your Interest in Appointment: List Activities in Clubs, Associations, etc. Are you 18 or over? Yes: No: Are you Registered to Vote in Rohnert Park? Yes: No: What year did you became a Rohnert Park Resident: Employer: Address: Type of Business: Specific Work Performed: Do you have a High School Diploma? Other Degrees, Awards, etc. Signature Date PLEASE RETURN TO CITY MANAGER'S OFFICE: 6750 Commerce Blvd. , Rohnert Park CA 94928 (Form approved by City Council 1/7/03) M: \Cojmnission- Committee -Board AppointmentsTACT SHEET.DOC CITY OFROHNERT PARK Office of the City Clerk 6750 Commerce Boulevard Rohnert Park, CA 94928 NOTICE OF COMMISSION, COMMITTEE AND BOARD VACANCIES At its regular meeting of January 8, 2008, beginning at 6:00 p.m., the Rohnert Park City Council will consider appointments to commissions, committees and boards for vacancies and terms expiring December 31.. 2007, Rohnert Park residents interested in openings should file a fact sheet application, which may be obtained at the above address, on the city's website (www.rpcity.org), or by telephoning 588 -2227. Necessary qualifications: Current Rohnert Park residents are BICYCLE ADVISORY COMMITTEE eligible. Preference is given 'to interested and responsible bicycle (2 Year Terms) enthusiasts to review and make recommendations to the City Council on, Bike Path Plans /Projects in the community. Meets on the 4th Monday @ 5:30 p.m. - City Hall Conference Room PURPOSE: Review Bike Path Plans /Projects & make recommendations to City Council. (Established 9/22/92 by City Council concurrence) (Policy Resolutions 93 -11; 93 -17; 2000 -117; 2000 -194; 2000 -232; 2005 -43) MEMBERS Years of Service to Initial Date First Date Term Current 572; and 319/93 by Ord. No. 573) 12/31/07 Nomination by: Appt'd Expires Nomination by: Acton, Ken 3 Flores Sep -04 Dec -08 Stafford Cruser, Earl 7 Mackenzie Feb -01 Dec -08 Mackenzie Denlis, Barbara 5 Reilly Aug -02 Dec -08 Breeze Rowell, Charles 3 Vidak - Martinez Jul -04 Dec -08 Vidak - Martinez Williams, Carson 3 Smith Mar -05 Dec -08 Smith Necessar.giaalifications: _Current Rohnert,Park residents are CULTURAL ARTS COMMISSION eligible Preference is given to citizens of acknowledged accomplishment m the professional; practice of the arts; and /or to (4 Year Terms persons who /lave demons #rated an mteres# in; and appreciation of Cultural; and artistic activities; Meets on the 2nd Monday @ 5 p.m. - Spreckels Performing Arts Center PURPOSE: Bringing cultural & artistic activities to the City. Selection based on demonstrated accomplishment in these areas. (Established 10/67 by Ord. No. 86; Amended 7/21/86 by Ord. No. 466; 1/22/91 by Ord. No. 531; 2/9/93 by Ord. No. 572; and 319/93 by Ord. No. 573) (Policy Resolutions 84 -144; 87 -211; 93 -11; 93 -17; 2000 -117; 2000 -194; 2000 -232; 2005 -43 MEMBERS Years of Service to: Initial Date First Date Term Current 12/31/07 Nomination by: Appt'd Expires Nomination by: Garwacki, Richard 2 Mackenzie Feb -06 Dec -08 Mackenzie Levin, Anita 10 Flores Jan -98 Dec -10 Stafford McCormack, Dennis 7 Vidak - Martinez Jan -01 Dec -08 Vidak - Martinez Morrow, Lynne (Chair) 6 Spiro Oct -01 Dec -08 Smith Wiseman, Emily (Co- Chair) 3 Spradlin Sep -04 Dec -10 Breeze CITY OF ROHNERT PARK Office of the City Clerk 6750 Commerce Boulevard Rohnert Park, CA 94928 Necessary qualifications: Current Rohnert Park residents who are duly qualified registered voters are eligible. Board Members will be MOBILE NOME PARKS RENT required to file conflict of interest statements as required by law. APPEALS BOARD Preference is given to citizens interested in preventing unreasonable (2 Year Terms) rent increases for controlled mobile home rental, spaces in Rohnert Park for the.five (5} mobile home parks in the city while still assuring the owner's right to a fair return. Meets on the 1st Thursday @ 7 p.m. - Council Chambers PURPOSE: Administration of Mobile Home Park Ordinance No. 494 (Chapter 9.70 of the Rohnert Park Municipal Code), established to regulate rent adjustments for the five (5) mobile home parks in the city. (Established by Initiative Election 12/8/87 by Ord. No. 494; Amended 1/24/95 by Ord. No, 599; 7/11/95 by Ord. No. 607; 1/23/96 by Ord. No. 612; and 8/22/00 by Ord. No. 658) (Policy Resolutions 93- 11;93 - 17;2000 - 117;2000 -194; 2000 -232; 2005 -43) MEMBERS Years of Service Initial Date First Date Term Current 12/31/07 7 Nomination by: Appt'd Expires Nomination by: Blanc, Lorna 3 Vidak - Martinez Jul -04 Dec -07 Vidak- Martinez Collins, Katherine (Chair) 16 Hopkins Dec -91 Dec -07 Breeze Engelhart, L. Kurt 12 Eck Jul -95 Dec -08 Mackenzie Utter, Barbara 2 Smith Mar -06 Dec -07 Smith Welch, Alan 1 Stafford Jan -07 Dec -08 Stafford Necessary qualifications: Current Rohnert Park residents are PARKS.:& RECREATION eligible ' Preference is given to citizens indicating an interest m; parks COMMISSION and recreation`progif0his-for'the community, with he two (2j=at- large (2 -Year Terms} appointments also specifically indicating an interest in youth 'ard iamilies'. Meets on the 3rd Monday @ 6:30 p.m. - Council Chambers PURPOSE: Review policies & programs & make recommendations to Co: uncil & Recreation Department. (Established 11/19/62 by Ord. No. 12; Amended 7/17/72 by Ord. No. 180; Amended 9/26/83 by Ord. No. 423; Amended 7/21/86 by Ord. No. 466; Amended on 4/26/89 by Ord. No. 512; Amended 2/11/93 by Ord. No. 572; Amended 1/28/03 by Ord. No, 694; Amended 1/23/07 by Ord. No. 778) (Policy Resolutions 87 -211; 93 -11; 93 -17; 2000 -117; 2000 -194; 2000 -232; 2005 -43; 2007 -16) Years of Initial Date First Date Term Current MEMBERS Service 7 Nomination by: Appt'd Expires Nomination by: 12/31/07 Armerding, Richard 1 Vidak - Martinez Jan -07 Dec. -08 Vidak- Martinez Aronis, Nick 1 Stafford Jan -07 Dec. -08 Stafford Bird, Michael 5 Nordin Jan -03 Dec. -08 Breeze Black, Bonnie L. 3 Smith Jan -05 Dec. -08 Smith (Chair) Griffin, Gerald 15 Gallagher Jan -93 Dec. -08 Mackenzie CITY OF ROHNERT PARK Office of the City Clerk 6750 Commerce Boulevard Rohnert Park, CA 94928 Necessary qualifications: Current Rohnert Park residents are PARKS, RECREATION & OPEN eligible. Preference is given to citizens interested in formulating SPACE COMMITTEE i(PROS) proposals and making recommendations to the City Council on the development of a parks and recreation master plan for the community. Meets on the 1st & 3rd Wednesday @ 7:00 - Community Center PURPOSE: Perform functions and duties as may be directed by Council including proceeding with a marketing study and needs assessment, as well as formulate project proposals for Council to consider, re- examine park structure in the City, and coordinate with the development of a parks and recreation master plan for the community. (Established 1/11/05 by Resolution 2005 -02; Name change by minute action on 4/26/05) (Policy Resolutions 87 -211; 93 -11; 93 -17; 2000 -117; 2000 -194; 2000 -232; 2005 -43; 2007 -16) MEMBERS Years of Service to: Initial Date First Date Term Current 12/31/07 Nomination by: Appt'd Expires Nomination by: Adams, Susan 3 Planning Comm. Feb -05 At Large Armerding, Richard 1 Parks & Rec. Comm. Jan -07 At Large Aronis, Nick 3 Parks & Rec. Feb -05 At Large Comm. Bird, Michael 3 Parks & Rec. Feb -05 At Large Comm. Black, Bonnie L. 2 Parks & Rec. Jan -06 At Large Comm. Blanquie, Daniel 3 At Large Feb -05 At Large (Chair) Danesi, Tim 3 At Large Feb -05 At Large Griffin, Gerald 1 Parks & Rec. Jan -07 At Large Comm. Peterson, Cindy 3 1 At Large Feb -05 At Large CITY OF ROHNERT PARK Office of the City Clerk 6750 Commerce Boulevard Rohnert Park, CA 94928 Years of Initial Date First Date Term Initial MEMBERS Service to: Nomination by: Appt'd Expires Nomination by: 12/31/07 Adams, Susan Chair 5 Spradlin Jan -03 Dec -08 Vidak - Martinez Ahanotu, Amy O. 1 Smith Jan -07 Dec -08 Smith Armstrong, David 1 Stafford Jan -07 Dec -08 Stafford Callinan, Joseph T. 5 Flores Jan -03 Dec -08 Breeze I Kilat, Shawn* 6 Mackenzie Feb -97 Dec -08 Mackenzie SENIOR CITIZENS ADVISORY Necessary gualificatroris: Current Rohrert Park residents, who'are COMMISSION, 60 years old or older,: are eligible. Preference is grven to citizens (2 Year Termsi indicating an, interest in identifying the needs of the elderly of the commuity,and creating citizen awareness of these needs Meets on the 3rd Thursday of Jan., June, & Sept. @ 1 p.m. - Senior Center PURPOSE: To advise Council & City Manager on policies & programs serving Rohnert Park's Senior Citizens. (Established 11/24/80 by Resolution No. 80 -214) (Policy Resolutions 84 -144; 87 -211; 93 -11; 93 -17; 2000 -117; 2000 -194; 2000 -232; 2005 -43) MEMBERS Years of Service to: Initial Date First Date Term Current 12/31 /07 Nomination by: Appt'd Expires Nomination by: Ackerman, Marion (Vice -Chair ) 4 Mackenzie Jan -04 Dec -08 Mackenzie Bosshard, Steve 1 Stafford Jan -07 Dec -08 Stafford Cassinelli, Patricia 5 Nordin Jan -03 Dec -08 Smith Hawker, Janie (Alice) 1 Breeze A r 06 p - Dec -08 Breeze Sampson, Elaine 3 Vidak - Martinez Jan -05 I Dec -08 Vidak- Martinez CITY OF ROHNERT PARK Office of the City Cleric 6750 Commerce Boulevard Rohnert Park, CA 94928 Necessary qualifications: Current Rohnert Park residents are SISTER CITIES eligible. Preference is given to citizens indicating an interest in an opportunity for; citizens of all ages to discover that people of all opportunity RELATIONS COMMITTEE are basically; alike and have common interests whatever their ` (2 Year Terms) language, culture, or color of their skin and that the desire for peace is universal and the interest in learning from one another is widespread. Meets on the 2nd Thursday @ 7 p.m. - City Hall Conference Room Appointments maintain staggered terms of even /odd years so that all terms do not expire at the same time. PURPOSE: Enhance global understanding, communication & cultural exchange between citizens of various countries. (Established 4/9/84 by Resolution No. 84 -66, Amended 5/14/84 by Resolution No. 84 -91) (Policy Resolutions 84 -144; 87 -211; 93 -11; 93 -17; 99 -111; 2000 -117; 2000 -194; 2000 -232: 2005 -43) Years of Initial Date First Date Term Current MEMBERS Service to: Nomination by: Appt'd Expires Nomination by: 12131/07 Adam, Faith 6 At Large Sep -01 Dec -08 At Large Adam, Gordon 19 At Large Apr -88 Dec -07 At Large Frazer, Cynthia (Co- 3 At Large Oct -04 Dec -07 At Large Chair) Harrow, Susan 21 At Large Jan -86 Dec -07 At Large Kunishi, Tadao 5 At Large Oct -02 Dec -07 At Large McCormack, Dennis 13 At Large Dec -94 Dec -08 At Large Melton, Holly 3 At Large Apr -05 Dec -07 At Large Pastrick, Courtney 3 At Large Jan -05 Dec -08 At Large (Chair) Rasmussen, Ronald 17 At Large Oct -90 Dec -08 At Large Senyk, Olga 1 At Large Jan -07 Dec -08 At Large Skinner, Samantha 1 At Large Jun -06 Dec -07 At Large CITY OF ROHNERT PARK Office of the City Clerk 6750 Commerce Boulevard Rohnert Park, CA 94928 COPIES provided as follows: - City Council Members - Stephen R. Donley, City Manager - Daniel Schwarz, Assistant City Manager - Michelle Marchetta Kenyon, City Attorney - Benjamin D. Winig, Assistant City Attorney - Beth Lidster, Secretary II - REMINDER TO DELEGATE ASSIGNMENT to handle next year's SPRING EVENT - All City Commissioners, Committee & Board Members - Angie Smith, Purchasing Agent - TO ORDER SERVICE AWARD PLAQUES FOR NEXT SPRING EVENT - Melanie Christmann, Temporary Office Assistant - FOR UPDATING ADDRESS LABELS TO REPRESENTATIVES (listed below) RESPONSIBLE FOR PREPARING AGENDAS FOR CITY COMMISSION /COMMITTEE /BOARD MEETINGS: REMINDER to ADMINISTER OATHS OF OFFICE to all NEW AND RE- APPOINTED MEMBERS at your next regular commission /committee /board meeting following the Council's appointments on January 8, 2008. Please be sure ORIGINAL signed Oaths of Office are provided to the office of the City Clerk for required filing and attach a COPY of the Oaths of Office to the original set of signified Commission /Committee /Board meeting minutes. • Darrin Jenkins, Director of Public Works / City Engineer & Eydie Tacata, Management Analyst for Bicycle Advisory Committee • Mary McDougall, PAC Managing Director & Kathy Kelez, Office Asst. for Cultural Arts Commission & Sister Cities Relations Committee • Brian Goodman, Temporary Community Development Assistant for Mobile Home Parks Rent Appeals Board • Guy Miller, Rec. Svcs. Manager w /Jan Geffre, Secretary for Parks and Recreation Commission & Parks, Recreation & Open Space Committee (PROS) and w/Vicki Wilkerson, Recreation Supervisor for Senior Citizens Advisory Commission • Ron Bendorff, Director of Community Development & Suzie Azevedo, Comm. Dev. Asst. for Planning Commission DATE Distributed: 11 -21 -07 & POSTED: 11 -28 -07 (1) City Hall (2) Public Safety (3) Community Center (4) Senior Center (5) Performing Arts Center (6) Library (7) Website Public Notices are posted for all vacancies due to resignations, expired terms, etc. in accordance with Maddy Act Provisions (Gov't Code §§ 54970, et seq.). Santa Rosa Plain Conservation Stratey Council: Implementation Committee Miss Agenda for Meeting of November 21, 2007, 9:oo a.m. E't CopCo Sonoma County Permit & Resource Management Department Hear 2550. Ventura Avenue, Santa Rosa, CA 95403 The Santa Rosa Plain Conservation Strategy Implementation Committee may discuss and /or take action on any or all of the items listed on this agenda. Item 1: Call to Order, Roll Call, and Approval of Minutes (attached) Item 2: Continued review and discussion of Draft MOU and Implementation Plan (previously distributed), including process going forward Item : Report from Agricultural Activities Subcommittee Item : Continued discussion of implementation issues relating to preserve management and adaptive management, as set forth in the Strategy Items: Public Comment on Issues Not on the Agenda Note: Please limit comments to 3 minutes each. Agenda Packets: Copies of the full packets of support materials provided to the Committee are available for review at the County of Sonoma Permit and Resource Management Department office. Copies of the agenda and agenda packet materials will be mailed to any person filing a written request upon payment of a fee to recover the cost of providing the service. Requests should be mailed to Melinda McCutcheon, PRMD Executive Secretary, at 2550 Ventura Avenue, Santa Rosa, CA 95403• Accommodations for Persons with Disabilities: If you have a disability which requires an accommodation, an alternative format, or requires another person to assist you while attending this meeting, please contact Melinda McCutcheon, PRMD Executive Secretary at (707) 565 -1925, as soon as possible, to ensure arrangements for accommodation. Public Comment: Any member of the audience desiring to address the Committee on a matter on the agenda: Please stand and after receiving recognition from the Chair, give your name and address, and your comments or questions. In order that all interested parties have an opportunity to speak, please be brief and limit your comments to the subject under discussion. Time limitations shall be at the discretion of the Chair or Committee. 11p� ROHNERT PARK CITY COUNCIL SSU SUB- COMMITTEE MEETING AGENDA Tuesday, November 27, 2007 3:.00 P.M. MEETING LOCATION: SONOMA STATE UNIVERSITY PARKING KIOSK AT GREEN MUSIC CENTER 1801 East Cotati Ave Rohnert Park, CA 94928 Committee Members: Jake Mackenzie, Vice Mayor Tim Smith, Council Member k.oUnetf: to: 1112,1161 SSU Representative: Dan Condron, Vice President for University Affairs 3:00 p.m. — 4:00 p.m. Tour of Green Music Center Construction Site Note: Contact Vice President University Affairs Office at (707) 664 -2732 This agenda has been posted in accordance with State Law, The Brown Act 1 DISABLED ACCOMMODATION: If you have a disability which requires an interpreter or other person to assist you while attending this City Council meeting, please contact the City Offices at (707) 588 -2227 at least 72 hours prior to the meeting to ensure arrangements for accommodation by the City. Please make sure the City Manager's office is notified as soon as possible if you have a visual impairment requiring meeting materials to be produced in another format (Braille, audio -tape, etc.) MC:h /112707 SSU Sub - Committee Agenda �coNF'Pcc. THE UNITED STATES CONFERENCE OF MAYORS 1620 EYE STREET, NORTHWEST A " * WASHINGTON, D.C. 20006 ' x ` TELEPHONE (202) 293 -7330 FAX (202) 293 -2352 Council:. . URL; www.usmayors.org Miscellaneous 34 communications * Agenda August 10, 2007 Copy W. .opy o: Dear Mayor: RE: National Climate Protection Summit - Seattle, Washington, November 1-2,2007 On behalf of The United States Conference of Mayors, we are writing to invite you. to participate in the Conference's Mayors Climate Protection Summit: Accelerating Local Leadership, to: be held in beautiful Seattle, Washington, November 1 -2, 2007. This Conference Summit will bring together mayors, national elected officials, developers and business leaders, and experts from across the country to discuss strategies to measure and attain the goals of reducing climate pollution in our cities. The theme of the Summit is accelerating local leadership: building on the momentum we've achieved together these last few years, and further advancing our goal of creating cleaner, greener, stronger, more climate- friendly. cities. We will share ideas, information, tools and best practices, and develop effective strategies, incentives, and solutions to advance our shared work on climate protection. As you know, climate protection and the many efforts of mayors throughout the nation, continues to be a top legislative and policy initiative of The United States Conference of Mayors. Conference President Trenton Mayor Douglas H. Palmer has made the issue of climate. protection the top priority of the Conference's 10 -Point Plan. During the Conference's 75th Annual Meeting in Los Angeles in June, the Mayors Climate Protection Center released its first -ever national survey on climate protection actions in cities, where we reported that four in five of the survey cities now use renewable energy, or are considering to do so in the next year, among other findings. The issue of climate protection was also discussed in nearly every session during our Annual Meeting, and it was also mentioned in speeches by every participating 2008 Presidential hopeful who attended our meeting. We are especially pleased that Seattle Mayor Greg Nickels, our recently- elected Chair of the Conference's Advisory Board, is hosting this National Summit, given his strong record of leadership on these issues and his city's many climate protection initiatives. Increasingly, mayors and city residents are becoming aware of the urgency to take action to reduce global warming pollution. Over the last three decades, the Conference has led the way on a number of energy and environmental issues including unanimously adopting the U.S. Mayors' Climate Protection Agreement in 2005. This Agreement has now been signed by more than 630 cities. The Mayors National Summit focuses specifically on the leadership of mayors on climate protection, building upon prior national energy and environmental summits in Chicago and Atlanta. August 10, 2007 Page Two We urge you to attend this landmark meeting as we move forward with our shared agenda to achieve greater energy independence in an environmentally sustainable way. Please complete the attached registration form and view the draft program for more information. If you have questions, contact Kevin McCarty (202) 861 -6728 or Lina Garcia (202) 861 -6735 of the Conference staff. We hope to see you in Seattle. Sincerely, P-4" Tom Cochran Douglas H. Palmer Executive Director Mayor of Trenton President Enclosures United States Conference of Mayors /City of Seattle National Climate Protection Summit: Accelerating Local Leadership Seattle, Washington - November 1 -2 2007 Thursday, November 1 7:00am - 5:00 pm 8:30 -10:00 am Draft Program Registration Breakfast & Keynote Address 10 :30 —12 noon Working Session: How do l pay for this? Creative financing strategies; engaging financial institutions; creating public- private partnerships Track 1: Financing a climate - friendly built environment Track 2: Financing climate - friendly transportation choices 12:00 —1:30 pm, Luncheon & Keynote Address 2:00 — 4:00 pm Working Session: Finding a yardstick that works Best practices for measuring and tracking your local emissions; developing a national standard for local measurement & reporting Track 1: Policy implications of measurement (e.g., How will local accounting link to emerging cap and trade systems ?) Track 2: Technical aspects of measurement (e.g., How do we account for growth, airport emissions, etc. ?) 4:15 — 5:30 pm Working Session: Putting the green in grassroots: How to get your citizens energized, engaged and involved. Track 1: Engaging your community -at -large Track 2: Engaging your business community 6:00 — 8:30 pm Evening Reception & Keynote Address Friday November 2 8:30 am —10:00 am Breakfast and Keynote Address 10:30 am — 12 Noon Working Session: Roads less traveled Transportation and land use management solutions Track 1: Reducing vehicle miles traveled in our cities Track 2: Increasing clean vehicle and clean fuels 12 :00 2:00 pm Luncheon /Discussion: Blueprints for building a green city Promote green development with building codes and incentives; climate - friendly construction; saving energy in older, existing buildings 2:00— 4:00 pm Field Hearing .of the House Select Committee on Energy Independence and Global Warming (proposed) 5:30 — 7:00 pm Public Forum @ the Seattle Public Library: "Climate Protection: It's only fair" 7:30 — 9:00 pm Reception @ Seattle Public Library for Mayors & Local Business Leaders Tours will be offered for participants to visit Seattle -area climate solutions before and after the Summit. Details TBA. 2007 Congress of Cities Page 1 of 3 I Council: I XJ I NA` 10NAL LEAGUE GE CMES scellaneous Communications Strengthening & promoting cities as centers of opportunity, leadership, and g ivernilPftda. t About Cities I Advocating For Cities i Resources For Cities i inside NLC I Conferences & Events I Newsroi op o: 0 Home: Conferences Events: Congress of Cities &Exposition a() 0-1 In this Section About the Congress of Cities J Contact the conference team I Future Dates �� Congress of Cities & �+Qltg! 88S �i1t1 @8 Exposition Sponsorship Opportunities l Community Service Opportunities and I=kp itloil LTI Seminars, Workshops & Tours i General Sessions Congressional City ( No"mber 13 -11, 2041 Transportation i Exhibit Hall Hours j City Showcase Program Highlights Conference Now orf"rut Calendar of Events Exhibitor Website l Congress of Cities Press Room i Program At a Glance t Seminars, Workshops and Tours * You must be registered for the full conference to participate in any seminar, workshop, tour or community ** service opportunity. Program At a Glance Use the links below to view descriptions. • Leadership Training Institute Seminars at Congress of Cities • Breakout of Conference Workshops • Host City Mobile Workshops • Spouse and Guest Tours • Community Service Opportunities General Sessions Program At a Glance Thursday, November 15 8:45 - 11:00 a.m. Opening General Session & Welcome from Mayor Ray Nagin, City of New Orleans Friday, November 16 8:30 - 10:30 a.m. Exhibit Hall A NYC Mayor Michael Bloomberg to Address Nation's City Leaders at NLC Conference New York City Mayor Michael Bloomberg will speak to delegates on the subject of leadership at the morning general session on Friday, November 16. Former Party Chairs, Kenneth Mehiman and Terry McAuliffe, to Discuss Politics at Congress of Cities Both are expected to speak about the upcoming 2008 presidential election and give insight into each candidates' campaign and political strategies. Saturday, November 17 8:30 - 10:30 a.m. Exhibit Hall A Conference Panel to Focus on Rebuilding After a Crisis Panel: Henry Cisneros, former Secretary of Housing and Urban Development, a former mayor of San Antonio, Texas, and a past president of NLC, will moderate a panel discussion at the Saturday general session between AmencaSpeaks Founder and President Carolyn Lukensmeyer, New Orleans Mayor C. Ray Nagin and Susan Thornton, former mayor of Littleton, Colorado. Delegates Luncheon 12:15 - 2:00 p.m. Exhibit Hall A Dan Pink to address Delegates Luncheon Best selling author of books on innovation, competition and the changing world of work. http:// www. nlc. org/ CONFERENCES _EVENTS /citiesexpositions.aspx 11/16/2007 2007 Congress.of Cities Exhibit Hall Hours Wednesday, November 14 6:30 p.m. to 8:30 p.m.- Opening Reception Thursday, November 15 11:00 a.m. - 5:00 p.m. - Walk the Hall Friday, November 16 10:30 - - Noon Walk the Hall Noon - 2:00 p.m. - Exhibitor Luncheon Page 2 of 3 Program At a Glance Reserve Airport Shuttle Trans sortation Use the link above to make a reservation online to secure shuttle transportation to your hotel on arrival and back to the airport for departure. Registration Questions Phone: 888- 319 -3864 or 703-449-6418 email: nlcocreo and housingC�jspargo.com General Questions Phone: 202 - 626 -3105 e- mail: lyncl nlc.org Mailing address: National League of Cities Conference and Seminar Management 1301 Pennsylvania Avenue, NW Washington, DC 20004 Mailing address: NLC Meeting Services c/o J. Spargo and Associates 11208 Waples Mill Road, Ste. 112 About The Congress of Cities and Exposition This conference if the National League of Cities most important annual conference drawing more than 4000 local elected officials every year. In the past the conference has been held the first week of December. This year, the conference will be held in early November. It is a chance for local elected officials to share ideas about how to make their communities better for their citizens. This year's conference will be a unique opportunity to see up close the host city of New Orleans and their accomplishments as they go from disaster to recovery. Delegates will see first hand how a city has dealt with a monumental catastrophe and come back stronger and better than ever. Don't miss this once in a lifetime conference. Who Should Attend and Why Whether new or veteran, all elected and appointed officials, and municipal employees and state league members should attend this conference. This comprehensive professional development opportunity offers a unique mix of general sessions, conference workshops and networking sessions aimed at providing the insight and tools needed to solve your cities problems. Hear from high profile national speakers, discover new approaches to leadership and governance, and gain access to a broad network of information and resources, and network and share experiences with other local elected officials from around the country. Help solve your cities problems by sharing ideas and networking with peers. Future Congress of Cities Dates November 11 -15, 2008 Orlando, Florida November 10 -14, 2009 San Antonio, Texas htta: / /www.nlc.orQ /CONFERENCES EVENTS /citiesexnositions.asnx 11 /I 6 / ?On7 uNDAS.ADAMs SECRETARY FOR ENVIRONMENTAL PROTECTION MARGO REED BROWN CHAIR MBROWN @CIWMB.CA.GOV (916) 341 -6051 WESLEY CHESBRO WCHESBRO @CIWMB.CA.GOV (916) 341 -6039 JEFFREY DANZINGER JDANZING ER @CI WMB.CA.GOV (916) 341 -6024 ROSALIE MULE RMULE@CIWMB.CA.GOV (916) 341.6016 CHERYL PEACE CPEACE @CIWMB.CA.GOV (916)341.6010 GARY PETERSEN G PETERS EN @CI WM B.CA.GOV (916) 341 -6035 r- �masmra ,,;a:wmmm■ ::area Ih T64nn wes rn \iANAC. F,MtiNT CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD 10011 STREET, SACRAMENTO, CALIFORNIA 95814 • P.Q. BOX 4025, SACRAMENTO, CALIFORNIA 95812.4025 (916) 341 -6000 • WWW.CIWMB.CA.GOV Margo Reid Brown, Chair Jeffrey Danzinger, Vice Chair Wesley Chesbro, Member Rosalie Mule, Member Cheryl Peace, Member Gary Petersen, Member ARNOLD SCI IWARZENEGGER GOVERNOR Stakeholder Consultation Workshop on Extended Producer Responsibility Framework - — Wednesday, November 14, 2007, 1:00 — 5:00 p.m. Joe Serna Jr., CaIEPA Building 1001 I Street, Coastal Hearing Room Integrated Waste Management Board Sacramento, CA 95814 AGENDA A public stakeholder consultation workshop to obtain suggestions for refining and improving the Extended Producer Responsibility (EPR) Framework adopted at the Sept. 19th Board Meeting. Invitation Letter Online Registration Time Topic 12:30 Check -in 1:00 Welcome and Introductions by Margo Reid - Brown, CIWMB Board Chair • Meeting objectives 1:10 Overview of Framework • Background on EPR ORIGINAL PRINTED ON 100 % POSTCONSUMER CONTENT, PROCESSED CHLORINE FREE PAPER 2:45 Break 3:00 . Roles and Responsibilities 4:.00 • Governance 4:30 Summary of Key Themes Heard from Stakeholders 4:45 Next Steps 5:00 Adjourn An overview of Extended Producer Responsibility and the Framework approach were covered in previous workshops and meetings. If these topics are new to you, it is important to review the background materials prior to the meeting. September 19, 2007 Board Agenda Item: September 191h Agenda Item 12 Sept. 191h CIWMB Resolution EPR Framework EPR Framework Analysis Additional information regarding EPR can be found below: Strategic Directive 5: Producer Responsibility June 5 workshop, Producer Responsibility Workshop: Overview of Policy Considerations and Existing Implementation Approaches— Setting the Stage for Implementation of Strategic Directive #5 • Board's actions 1:25 Comments by Key Element Ground rules • Stakeholder process 1:30 . Policy Goals 2:00 . Guiding Principles 2:20 . Definitions 2:45 Break 3:00 . Roles and Responsibilities 4:.00 • Governance 4:30 Summary of Key Themes Heard from Stakeholders 4:45 Next Steps 5:00 Adjourn An overview of Extended Producer Responsibility and the Framework approach were covered in previous workshops and meetings. If these topics are new to you, it is important to review the background materials prior to the meeting. September 19, 2007 Board Agenda Item: September 191h Agenda Item 12 Sept. 191h CIWMB Resolution EPR Framework EPR Framework Analysis Additional information regarding EPR can be found below: Strategic Directive 5: Producer Responsibility June 5 workshop, Producer Responsibility Workshop: Overview of Policy Considerations and Existing Implementation Approaches— Setting the Stage for Implementation of Strategic Directive #5 COUNCIL COMMUNICATIONS (11/27107) Distributed 2 1. vviane Isabeau /Resident Letter 11/16/07 re: Utility Concerns 2. Announcement: To refine draft plans for Commerce Blvd, Southwest Blvd, Communit Worksho 12!5/07 and State Farm Drive 3. Shirley Manary / Resident Letter received 11120 re: Charges for Trash Cans 4. 5. "F!!F RECEIVED November 16, 2007 1 NOV 19 2007 CITY OF ROHVERT PARK Mr. Stephen Donley - City Manager City of Rohnert Park 6750 Commerce Blvd. Rohnert Park, CA 94928 Re: Water shut off issues at 5311 Coronado Ct. Dear Mr. Donley: =Cc;uncil: Thank you for your letter dated November 5, 2007 in response to my letter dated October 13, 2007. I appreciate your responses to my questions. However, a few questions remain unanswered and I would appreciate a further response. I fully intend to bring these issues before the City Council but I would Iike to obtain all the relevant facts before doing so. I asked if it was legal for the city to shut off water services for unpaid penalties only. You responded, "Yes: however, the City only initiates shut offs for outstanding balances over $50." Please cite me the authority, regulation, code or ordinance that so states:that the City can shut off water services for unpaid penalties only of over $50. I also asked how many businesses have been assessed late'fees You did not provide me an answer to that question. Please tell me how many businesses have been assessed late fees, say in the last 12 months, as `opposed to residential customers who have been assessed late fees. . I asked how many businesses have had their services shut off due to non - payment of penalties only, versus residences in the past year who had their services terminated for nonpayment of penalties only. In response, you provided me with information regarding the City's shut off record for the month of October which showed a total of 184 residential shut offs versus a total of zero business shut offs. The information you provided does not specify whether this represents shut offs for non'- payment of the balance owing on services already rendered, or for shut offs for non - payment for penalties only, or a combination of both. Remember, in my situation, the water was shut off NOT for an outstanding balance owed for water services, but rather, for unpaid penalties only. Therefore, I am interested in finding out how many residences and businesses in the last year had their water services shut'off_within the last year for non- payment of interest/penalties only. Lastly; tasked what was'-the srriallest amount of-unpaid penalties or interest owed which resulted in a shut off of services to residences. You indicated that the City only initiates shutoffs1or outstanding balances over $50. Again; please let me know which code, regulation or ordinance permits the City to shut off a resident's water for non- payment of interest only with a balance over $50. I would also like to know the smallest increment of penalties owed that actually resulted in shutting off a resident's water services. In my case, I had a balance of $79 in penalties. Thank you for your prompt attention to my inquiries. VivianeIsabeau 5311 Coronado Ct. Rohnert Park, CA 94928 792 -6837 cc: City Council Michelle Kenyon, City Attorney Finance Department City Council Vicki Vidak- Martinez November 5, 2007 Mayor Viviane Isabeau Jake Mackenzie 5311 Coronado Court Vice- Mayor Rohnert Park, CA 94928 Amie L. Breeze Tim Smith Dear Ms. Isabeau: Pam Stafford Council Members Thank you for your October 13th letter regarding the City's utility billing practices. I would like to respond to the questions you raised in your letter: Stephen R. Donley I) Is it legal for the City to assess a 10% penalty for late utility payments? City Manager Daniel Schwarz Yes. There is no prohibition against a 10% penalty for late utility payments. Assistant City Manager The City incurs additional organizational expenses as a result of unpaid utility bills and is entitled to recover its costs. Judy Hauff City Clerk 2) How are residents notified of the 10% penalty? Michelle Marchetta Kenyon C4Attomey Residents are currently on notice of the City's 10% penalty for unpaid utility bills in the City's Municipal Code (section 13.44.040(E) and The Rules and Gabrielle P. Whelan Regulations for the Administration and Operation of the City Water System — Assistant City Attomey Ordinance 76 (section 30.7). In addition, the bi- monthly invoice, past due Thomas R. Bullard invoice, and final invoice provides "When your bill is due" on the reverse Director of Public Safety side of the statement. The City will continue to provide invoices based upon the requirements stated in the Rules sand Regulations (section 30.7; 30.8, and Ron Bendorff 30.9). Director of Community Development Damn W. Jenkins 3) Is it legal to shutoff. utility service due to unpaid penalties or interest9 Director of Public Works / City Engineer Yes; however, the City only initiates shut offs for outstanding balances over Sandra M. Lipitz $50. rVrnr nr of Adminic --A- Sandrp+ - 4) How many businesses have been assessed late fees How many businesses have had their utility service terminated due to nonpayment of penalties or interest? What was the smallest amount of unpaid penalties or interest that resulted in a utility shutoff? 6750 Commerce Boulevard • Rohnert Park CA • 94928 • (707) 588 -2226 • Fax (707) 588 -2263 www.rpcity.org 6800 Hunter Drive, Suite B - P.©. Box 1489 — Rohnert Park, CA 94928 -1489 — (707) 585 -6700 — Fax (707) Finance Department Below is the City's shutoff record for the month of October this year: October Shut off Residential Past Due Accounts 1184 Delinquent as of 10/1 325 Shut off 184 Arrangements 74 Commercial Past Due Accounts 147 Delinquent as of 10/1 47 Shut off 0 Arrangements 14 5) Can the City provide more notice that nonpayment of penalties or interest will result in a utility shutoff? Yes. As noted above, the City will continue to provide 10 day and 5 day notices to residents of impending utility shutoffs. Thank you for bringing these issues to my attention. You have asked that this matter be brought to the City Council's attention. The City Council has received copies of your inquiry -- as well as City staffs response. Please do not hesitate to contact me with any additional questions. If you wish to address the City Council directly, you are also welcome to attend any City Council meeting during "unscheduled public appearances." Sincerely, Stephen Donle City Manager cc: Rohnert Park City Council Michelle Marchetta Kenyon, City Attorney Sandra Lipitz, Administrative Services Director Kristina Owens; Utility Billing Supervisor 6800 Hunter Drive, Suite B - P.O. Box 1489 - Rohnert Park, CA 94928 -1489 — (707) 585 -6700 — Fax (707) L10.O yr • bi'Ylt"Y unit y orkshop December 5, 2007 In May 2007, the City of Rohnert Park hosted a number of workshops, walking tours, and discussion groups to help develop plans to enhance Commerce Boulevard, Southwest Boulevard, and State Farm Drive. Draft concept plans for the street corridors were then prepared based on the input received. The draft plans recommend various streetscape and urban design enhancements along the street corridors. The City of Rohnert Park is inviting business and property owners, community members, and organizations to review and further refine the plans at a community workshop. Take advantage of this opportunity to view the concepts and provide your feedback on the future of these corridors! make a difference. shape your community. voice your opinions. For more information: www.rpcity.org urk7an Sfuyo miscellaneous to /0 ':opy to:__ -- — copy to: Rolinert Park City Council City Hall 6750 Commerce Blvd. Rohnert Park, CA 94928 Gentlemen: F• 301 Rio Vista Ln. Rohnert Park, CA 94928 November 19, 2007 DECEIVED NOV 2 0 2007 CITY OF ROHNERT PARK To my astonishment, I learned today from Christina Owens of the City's. Finance Dept. that I will not be able to take the owner of Las Casitas de Sonoma toSmall Claims Court for the approximate $100.00-overcharge on my trash can BECAUSE THE OVERCHARGE IS THE FAULT OF THE CITY![ Christina said that at the beginning of your agreement with Rohnert.Park Disposal, the City made a rule that mobilehome parks would only be charged for one size garbage cau. Has it ever sunk in to the City Council that IT IS DOWNRIGHT ILLEGAL to overcharge people for something they are not getting? I (and many others in Las Casitas) are being charged for a 68 gallon can when we only have a 32 gallon can. Individual residents here cannot order cans for themselves. Cans must be ordered by Park Management. THIS CITY IS DELIBERATELY GIVING THE SHAFT TO THE POOREST PEOPLE IN THE CITY, PEOPLE WHO LIVE IN MOBILEHOME PARKS! I have previously sent copies of the enclosed paperwork to Councilman Jake Mackenzie's home.. Please DO SOMETHING ABOUT THIS ILLEGAL MESS THE CITY HAS CAUSED. Very truly yours, Shirley J. Manary enclosures cc: Paul Stutrud. Calendar of Events Next Council Meeting November 27, 2007 Tuesday, 11/27 SSU Subcommittee meeting . 3:00 p.m. Go to Sue Jameson Room, Stevenson 1056 Sonoma State University Parking passes waiting. (JM/TS attending) Wednesday, 11/28 Sonoma County Waste Management Agency 9am. Santa Rosa (TS attending) Wednesday, 11/28 ACWA Fall Conference Wednesday,.) 1/28 SCWMA 9am. (TS attending) Thursday, 11/29 Spirit of Sonoma County Awards Luncheon 11:30am- 1:30pm. DoubleTree Hotel (TSattending) Friday. 11/30 Rohnert Park's 50'h Anniversary Party 4 -7p.m. Girl Scout Hut on Santa Alicia (behind John Reed School) 584 -2222 Wednesday, 12/5 Hampton Inn Grand Opening Celebration 7:30am- 9:30am. Thursday, 12/6 FIGR 3 pm. (WM/JM attending) Thursday, 12/13 North Bay Economic Insight, Winter 2007 lam registration; 7:30 -9am program. Sheraton Hotel/Petaluma (JM/TS attending) Friday, December, 12/14 47`h Annual Moosefeed Luncheon Friday, 12/14 NBI's Holiday Celebration Dinner, Dancing, Awards 6 -1Opm. Community Center -5401 Snyder Lane Wednesday- Friday, January 16-18,2008 2008 New Mayors and Council Members Academy Hyatt Regency, Sacramento (TS attending) www.cacities.org/events Council: AGENDA FORECAST Miscellane Tuesday, December 11, 2007 1 Agenda CEREMONY FOR CITY COUNCIL SELECTION OF OFFI to: FOR THE YEAR 2008 copy to: Pledge of Allegiance: Erica Botello, Student Evergreen Elementary School Sonoma State University Student Report — Nicole Schlossberg, ASI Representative Council Consent Calendar 2007 -_ Rejecting the Claim of Canon Manor West Citizens Group (CMW) 2007 -_ Approving Job Description and Salary Range for Project Manager and Authorizing Recruitment for the Position 2007 -_ Approving a Fee Deferral for the Jewish Free Clinic 2007 - Canon Manor Notice of Completion 2007 -_ Endorsing Burbank Housing application for HOME Program Funds 2007 - Ratifying the Memorandum of Agreement with Rohnert Park Employees' Association 2007 -_ Ratifying the Memorandum of Agreement with Rohnert Park Public Safety Officers Association (RPPSOA) 2007 -_ Ratifying the Memorandum of Agreement with Service Employees International Union (S.E.I.U.) Local 1021 Council Committee and /or other Reports Sonoma County Waste Management 11/28 - TS Spirit of Sonoma County Awards Luncheon 11/29 - TS CDC Consent Calendar - 2007 - Rescinding Resolution No. 2007 -26 and Authorizing and Approving Agreement for Purchase and Sale of Real Property known as 100 Avram Avenue (Parcel Number 143- 3 80 -022) 2007 -_ Rescinding resolution No. 2007 -27 and Authorizing and Approving Agreement for Purchase and Sale of Real property known as 120 Avram Avenue (Parcel Number 143 - 061 -052) Ceremonial Meeting ■ Mayor's Review of 2007 Milestones ■ Comments by other Council Members, if any Presentation to Mayor Vidak - Martinez for Year 2007 as Mayor (by City Manager Donley) Introductions of Mayor and Mayor Pro Tempore for 2008 Perspectives for Future ■ New Mayor's Perspectives for 2008 • Other Council Members' perspectives for 2008, if any Unscheduled Public Appearances, if any Adjournment to Refreshments Note: Jake in Hawaii 11/28 -12/6 Tim out of state: 12/20 -12/26 COMMUNITY DEVELOPMENT COMMISSION BILLS FOR APPROVAL November 27, 2007 Checks 4879 - 4887 Date November 14, 2007 Council: to: o: $146,227.15 TOTAL $146,227.15 I /�q- /)D-I Meeting Date: Department: Submitted By: Submittal Date Agenda Title: CITY OF ROHNERT PARK COMMUNITY DEVELOPMENT COMMISSION AGENDA ITEM TRANSMITTAL REPORT November 27, 2007 Community Development Department Ron Bendorff, Director of Community Development November 20, 2007 I Gam r► Do •. I ( /I I to: 1 ` I �-I 101 Request for Proposals for the City Center Drive Mixed Use Project (Planning File PL2007 -040) Requested CDC Action: Authorize Staff to Distribute the Request for Proposals for the City Center Drive Mixed Use Project Summary: The City Center Concept Plan was adopted in 2002 and aims at transforming the area into the City's "Downtown.'' To date, the 56 -unit "Arbors" and 76- unit "Centreville" mixed use projects have been constructed in the area in conformance with the Concept Plan and a public plaza at the easternmost edge of the area is scheduled to begin construction in 2008% To further promote realization of the Concept Plan, the CDC has purchased two properties to the east of State Farm Drive totaling 0.67 acres that will be conveyed to a private developer for the construction of a mixed use project. The City also intends to reconfigure the existing Library parking lot immediately east of these two properties so as to allow a building to be constructed on its City Center Drive frontage that could incorporate an outdoor use area facing the Plaza. Staff has prepared a Request for Proposals ( "RFP ") for distribution to private developers who may have an interest in constructing this mixed use project. A copy of the Draft RFP is attached for the Council's review. Staff is requesting that the Council provide any comments on the Draft RFP at this time and authorize Staff s distribution of the Final RFP. Enclosure: - Request for Proposals for the City Center Drive Mixed Use Project 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: O Consent Item Regular Time --y)) Approval O Public Hearing Required ( ) Not Recommended ( ) S mitted with Commenk�\ ) Policy Determination by Council ( ) City Comments: C) /" f City Manag is Si nature: Date: ' 072 CITY OF ROHNERT PARK COMM -UNITY DEVELOPMENT COMMISSION REQUEST FOR PROPOSALS FOR CITY CENTER DRIVE MIXED USE PROJECT City of Rohnert Park Community Development Commission 6750 Commerce Boulevard Rohnert Park, CA 94928 (707) 588 -2236 Di stribution/Advertisement: Deadline for Submittal of Qualifications: 1053814v2 80078/0042 TABLE OF CONTENTS I INTRODUCTION II PROJECT DESCRIPTION A. Background B. Site Description /General Plan Designation and Zoning C. Project Objective III DEVELOPMENT PROGRAM A. Development Program Goals /Objectives B. Design Elements /Development Standards IV. SUBMISSION AND SELECTION PROCESS A. Submission Requirements B. `submission Schedule and Procedures C. RFP Selection Criteria V. Conditions ATTACHMENTS 3 3 3 4 5 5 5 6 7 7 10 11 11 A VICINITY MAP 13 B PHOTOGRAPHS OF CITY CENTER AREA 14 1053814v2 80078/0042 2 CITY OF ROHNERT PARK COMMUNITY DEVELOPMENT DEPARTMENT CITY CENTER DRIVE MIXED USE PROJECT I. INTRODUCTION The City of Rohnert Park ( "City ") Community Development Commission ( "CDC ") is releasing this Request for Proposals ( "RFP ") for the purpose of selecting a highly qualified developer ( "Developer ") to develop a mixed commercial /residential project ( "Project ") on property located within the developing Rohnert Park City Center area. Your firm is invited to submit a proposal for the Project. The CDC is seeking qualifications from developers who have demonstrated strong experience with successful. high quality mixed use projects that incorporate energy efficienev. green building. acid sustainable design elements. Also desirable is a willingness to with City Staff and the community to achieve an appropriate vision for the Project. The CDC anticipates entering into exclusive negotiations for development of the Project with the Developer chosen through the RFP process, culminating in a Disposition and Development Agreement ( "DDA ") with Developer. The selection process will involve three (3) steps: 1) all complete proposals submitted by 5:00 p.m., will be evaluated by City Staff; 2) Staff will interview those firms which are most qualified, tentatively during the week of ; and 3) the Rohnert Park City Council will make the final determination as to which firm, if any, shall be selected as Developer. All firms submitting proposals will be notified in writing as to whether they are selected to be interviewed. The names of the firms recommended by Staff will be forwarded to the Rohnert Park City Council for its final selection of Developer. Extensive information regarding the City of Rohnert Park can be found on the City's website, located at www.mcity.orR. A number of important City documents are provided on this website including the City Center Concept Plan, the City's General Plan and the City's Zoning Ordinance. H. PROJECT DESCRIPTION A. Background The City Center area consists of approximately 32 acres bordered by Hinebaugh Creek to the north, Commerce Boulevard to the west, Rohnert Park Expressway to the south, and the Northwest Pacific Railroad right -of -way to the east (see attached Vicinity Map). The area is bisected by State Farm Drive, which divides the area into its west and east blocks. The west block was originally developed as the "Padre Town Center" and contains a number of financial institutions, office and commercial buildings, and restaurants. The 1053814x2 80078/0042 3 to develop an understanding of neighborhood issues, and to develop a final project that responds to any identified concerns. Developer should provide a narrative that describes the planned approach to this issue, as well as the experience the developer has had with this type of process. • Affordability — At least 15 percent of the residential units shall be affordable to low income households at affordable rent or purchase levels consistent with the requirements of California Redevelopment Law for the longest feasible time but for no less than 55 years for a rental unit or 45 years for a for -sale unit. B. Design Elements/ Development Standards The City has identified the following Design Elements and Development Standards for the Project, in addition to the direction provided by the City Center Concept Plan: • Density and other development standards — Developers will be expected to develop projects within the guidelines of all applicable City documents and policies. The City's Density Bonus Ordinance is available on the City's website within the City's Municipal Code. See HO -5 of the City's General PIan Housing Element for governmental policies regarding provisions for affordable housing. • Energy Efficient /Green Building/Sustainable Design — The CDC places significant emphasis on sustainability and will pursue projects that exemplify cost - effective techniques to achieve this objective. Developers will be expected to incorporate City Ordinance 782 regarding Green Building Requirements for Building Construction and City Ordinance 779 regarding Energy Efficiency Standards into the development (also available, on the City's website.) • Design Features — The CDC places significant emphasis on high quality design and materials. A major emphasis is placed on features that promote community within the development and in relation to the neighborhood context. Provision of community space or other features within the project, such as courtyards or other small open areas should be considered. Additionally, the development should foster connections with the neighborhood rather than its being separated or isolated. The City also wishes to promote universal design that creates accessible and adaptable units to serve a variety of residents. • Public Art - The Project will be required to comply with the City's Public Art Ordinance, which requires that 1 percent of the Project's construction cost be devoted to public art, either on or off the site. • Affordable Housing Linkage Fee — The Project will be expected to pay the applicable Affordable Housing Linkage Fee for a mixed -use project. I053814v2 80078/0042 IV. SUBMISSION AND SELECTION PROCESS A. Submission Requirements The proposal shall be organized in the following manner: ➢ Cover Letter ➢ Identification of Development Team ➢ Qualifications and Experience of Development Team ➢ Evidence of Financial Capacity ➢ Initial Project Concept Based on Experience with Comparable Developments 1. Cover Letter The submission must contain a cover (or transmittal) letter signed by the "team representative ", who is the person authorized to represent and negotiate on behalf of the development entity. The Cover Letter should state the legal name and form of the development entity, as well as provide the hailing address, phone numbers and e -mail address of the team representative. The Cover Letter should state that the team agrees to the conditions of the CDC's RFP requirements, as described in this solicitation. The Cover Letter should also state why your firm should be chosen for the short list of qualified developers. 2. Identification of Development Team The submission must identify the developer, the project manager, and all members of the development team, including the legal nature of the firms and their relationship to each other, any joint venture partners and the nature of the partnership interests: Describe the proposed development entity(ies) and identify the members with names, addresses, and phone numbers of key representatives of each entity. Provide relevant qualifications and project specific experience or the principals of the developer team. Identify person or persons with the authority to represent and make legally binding commitments on behalf of the team. • Provide information on the proposed project architect. Has the developer previously worked with the architect on affordable housing developments? Please identify which projects described above were designed by the proposed architect. 1053814v2 80078/0042 7 • It is anticipated that substantial public involvement may be required for this project. Provide information on who will be primarily responsible for presenting the proposed project to the community. Has the developer previously worked with this person (or persons) on mixed use developments? Please identify the projects described above for which that individual(s) also served as the primary community liaison. • What individuals would be handling the day -to -day project management of the proposed project? Please identify the projects described above for which that individual also served as the primary project manager. 3. Qualifications and Experience of Development Team The submission must describe the developer's previous relevant project experience for each principal, partner or co- venturer participating in the development. Please provide the following: • History of your firm and its relevant experience in development and, if applicable, management of mixed use developments. If your firm does not intend to manage the development after construction, the anticipated management firm and its experience in managing similar properties should be provided. • Relevant qualifications and project specific experience of the principals and project manager of the development team. • Describe your team's experience with "green building" development. • Describe your team's experience in successfully developing mixed use projects on infill sites. • Describe your team's experience with successful public outreach efforts related to infill development. • Describe your team's track record in the design and construction of mixed use projects. • Provide the following information for three comparable developments, preferably public /private partnerships, located in urban infill situations, developed by the development team: ■ Description of each development including location, land uses, square footage of commercial components, number of housing units, site plan and elevation, total development cost, construction schedule, date project commenced, completion date and current occupancy levels. 1053814v2 80078/0042 8 • Photograph(s) of each development, showing the project upon completion, or if the project is currently in process, graphic representations such as conceptual plans and /or renderings. • Methods used to ensure compatibility with surrounding neighborhoods. • Respective roles of each team member ® Financing structure. budget performance including a description of how critical issues were resolved during negotiation process. ■ Reference(s) for each comparable project. These should include at least two public sector references. e Describe any special resources the project team may bring to the Project, such as specific recent experience working on related projects, and recent experience on City of Rohnert Park and /or CDC projects. Elaborate on why the project team stands above the competition. 4. Evidence of Financial Capacity Submittals must provide evidence that the development team has the financial capacity to carry out the Project: • Describe your team's experience in financing mixed use developments and ability to access funding resources for mixed use projects including 50 or more units. Identify at least two lenders that have financed projects for your firm. e Identify the largest project for which the development team has been responsible for raising the financing. Provide information about that project, including dollar amounts. Indicate the team members' role(s) in the project. • Provide information about other properties that team members may own in Sonoma County. • Provide any additional evidence demonstrating that the development team has the financial capacity to develop this property. 5. Initial Project Concept Based on Experience with Comparable Developments Submittals must include a narrative regarding the development team's initial concept for the Project, based on its experience with the comparable developments described above. Conceptual site plans and architectural drawings are also required, as is a financial analysis of the project's expected costs. Developers are encouraged to respond critically and creatively to the goals and objectives described in this solicitation. 1053814v2 80078/0042 9 B. Submission Schedule And Procedures Submittal Schedule Important I)ates RFP Released RFP Submittals Due* Notice of developers selected to proceed to RFP Phase *RFP submittals will be received at City Hall, 6750 Commerce Blvd, Rohnert Park CA until 5:00 P.M. on 2. RFP Submittal Specifications Developers will be given approximately days from the release of the RFP to prepare their Proposals. Interested Developers shall mail or deliver five (5) bound copies and one (1) unbound original of the Proposal to the CDC no later than the date and time indicated above. Incomplete proposals and proposals not organized according to this format may be rejected A faxed proposal will be rejected. Sealed submittals shall be sent to: Ron Bendorff Director of Community Development City of Rohnert Park Community Development Department 6750 Commerce Blvd. Rohnert Park CA 94928 For questions, please contact: Ron B,endorff Director of Community Development (707) 588 -2231 rbendorff@rpeity.org -or- Brian Goodman Interim Community Development Assistant (707) 588 -2233 bgoodman @rpcity.org 1053814v2 80078/0042 10 C. RFP Selection Criteria The CDC's objective is to select the Developer for the City Center Drive mixed -use project. It is also the CDC's objective that the process be fair and open, the Qualification process be based on clearly stated objective criteria and the consultants responding to solicitation be evaluated by a qualified evaluation committee. 1. Criteria In addition to any other factors it may deem appropriate, the CDC will consider the following criteria to fairly evaluate the Proposals: • Quality of proposal and overall developer or team qualifications • Developer's financial strength and current relationship with financing sources • Previous experience with comparable development projects and timeliness of project completion • Project Manager's qualifications and experience with comparable projects • Capacity and creativity in meeting the CDC's goals and /or CDC's development program goals as demonstrated in the developer's Initial Project Concept Description • Special resources of the development team. 2. Final Selection The CDC is soliciting proposals for development of the Project, culminating in a Disposition and Development Agreement ( "DDA ") with the selected Developer. V. CONDITIONS A. Not a Contract This RFP is not a contract or a commitment of any kind by the CDC and does not commit the CDC to enter into a development agreement for the Project, other contract, or to pay or bear any cost incurred by any applicant related to proposal submission. The CDC, at its sole discretion, reserves the right to accept or reject in whole or in part, any or all proposals, to negotiate with any qualified source (regardless of whether a proposal was submitted), and /or to cancel or modify in whole or in part the RFP. If any applicant fails to timely respond to or meet any of the 1053814v2 80078/0042 11 RFP requirements (including provision of requested information), the CDC, in its sole discretion, may reject the proposal or require additional information. B. Information Verification All facts and opinions stated within this RFP and in all supporting documents and data, are based on the best available information from a variety of sources at this time. No representation or warranty is made with respect thereto. Each applicant will be responsible for verifying the accuracy of all information presented herein and for conducting its own investigations related to this RFP, including all feasibility analyses necessary or desirable to undertake development of the Project as set forth herein. C. Waiver By submitting a proposal, each applicant expressly waives any and all rights that it may have to object to, protest or judicially challenge (a) the RFP solicitation, including, but not limited to this Section V (Conditions); and (b) the evaluation and award process, including but not limited to the qualifications of the applicants, evaluation of proposals, evaluation of responses to the RFP, and all other aspects of the Developer selection process. D. Other Conditions All information submitted to CDC in response to this RFP will become the property of the CDC and will become public documents. To the extent permitted by law, CDC will cooperate with respondents in an effort to maintain the confidentiality of proprietary or confidential information to the extent so identified by applicant in writing; however, the CDC has sole discretion over these matters. Each respondent waives and releases any claims, liabilities, and causes of action that it may have against the CDC and /or its consultants, attorneys, agents, representatives and employees in case of disclosure of any confidential or proprietary information, regardless of whether such disclosure is required by law or occurs inadvertently or otherwise. 1053814v2 80078/0042 12 Attachments (to be added): A. Vicinity Map B. Photographs of City Center Area 1053814v2 80078/0042 13