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2006/10/24 City Council Agenda Packet
City of Rohnert Parka6750 Commerce Bonlevard*Rohnert Park, California 94928 Phone: (707)585-2227 o FAX: (707)538 -2274 ♦VVFn: aww.rpetty.org ROHNERT PARK CITY COUNCIL Community Development Commission Rohnert Park Financing Authority CONCURRENT MEETINGS AGENDA Tuesday, October 24, 2006 MEETING LOCATION: CITY HALL - COUNCIL CHAMBERS 6750 Commerce Boulevard, Rohnert Park, California The Rohnert Park City Council welcomes your attendance, interest and participation at its regular concurrent city meetings scheduled on the 2nd and 4th Tuesdays of each month at 6:00 p.m. in the Council Chambers. City Counci 1CDC/RPFA Agendas & Minutes maybe viewed at the City's webske: www.rMe#y.orr Council/Commission /Authority may discuss and/or take action on any or all of the items listed on this agenda- Waiver Warning: If you challenge decisions of the City Council, the Community Development Commission, or the Rohnert Park Financing Authority of the City of Rohnert Park in court, you may be limited to raising only those issues you or someone else raised at public hearing(s) described in this Agenda, or in written correspondence delivered to the City of Rohnert Park at or prior to the public hearing(s). DISABLED ACCOMMODATION: If you have a disability which requires an interpreter or other person to assist you while attending this City Council meeting, please contact the City 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.) 6:00 p.m. CITY COUNCIL REGULAR MEETING - Call to Order Roll Call (Breeze Flores Mackenzie Vidak- Martinez Smith COMMISSION OF FIRE ENGINE 9982 - On -Site at City Hall Parking Lot ADJOURN TO CLOSED SESSION TO CONSIDER: • Litigation matters - Pursuant to Government Code Section 54956.9 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Government Code §54956.9: 1 case 6:15 p.m. REGULAR SESSION - Reconvene Pledge of Allegiance - Led by Nick Savio, Student, Evergreen Elementary School MOMENT OF SILENCE in Memory of Rand Link, Former Sonoma State University Student Advisor I. Mayor's Report on Closed Session (G.C. 54957.1) City of Rohnert Park CONCURRENT MEETINGS Agenda (2 of 6) October 24, 2006 for City CounciUCommunity Development Commission/Rohnert Park Fin aneingAuthority 2. SCHEDULED APPEARANCES/PRESENTATIONS: 1. United Way "Day of Caring" Rehabilitation of Community Development Commission -Owned Homes for the Committee on the Shelterless (COTS) Transition Housing Program X-2. Suzanne Sanders regarding the need for a skate park in Rohnert Park ( 3. Lynne Conde and guests Kathy Ficco, Director of St. Joseph's Dental Care, and Brenda Walker, Patelco, regarding Dental Care Access for Rohnert Park/Cotati For items to be listed on the agenda, -written requests must be submitted to the City Manager's Ofce prior to finalization of meeting agendas, i.e. by noon on the Tuesdays preceding City Council meetings regularly scheduled on the 2nd and 4th Tuesdays ofeach month 3. SSU STUDENT REPORT: • Sonoma State University Associated Students, Inc. By Whitney Diver, Legislative Representative 4. UNSCHEDULED PUBLIC APPEARANCES /COMMENTS: For public comment on items listed or not listed on the agenda, (limited to 3 -5 minutes per appearance & a 30 minute total time limit, or allocation of time based on number of speaker cards submitted) -PLEASE FILL OUT A SPEAKER CA" MOOR TO SPEAKING. - *SEE NOTE ON LAST PAGE OF THIS AGENDA 5. CONSENT CALENDAR All items on the consent cAlendar will by considered together by one action of the Council unless any Council Member or anyone else interested in a consent calendar item has a question about the item. A. Approval of City Council Portion of Concurrent Meeting Minutes for: B. C. • Regular Meeting - October 10, 2006 Approval of Bills/Demands for Payment concurrently for: • City of Rohnert Park/City Council Accepting Cash/Investments Reports for: • Final Report for Fiscal Year Ending June 30, 2006, and • Month Ending July 31, 2006 Resolutions for Adoption: 2006 -253 Authorizing and Approving a Lease Agreement with Neighbors Organized Against Hunger (NOAH) Food Bank for Use of City Facilities 2006 -254 Authorizing and Approving the First Amended Cooperative Agreement Between and Among the Sonoma County Water Agency, the County of Sonoma, the Cities of Cotati, Rohnert Park, Santa Rosa, and Sebastopol, the Town of Windsor, and Cal American Water Company to Provide Funding and Support Information for the Santa Rosa Plain Groundwater Study _City of Rohnert Park CONC TUNT MEETINGS Agenda (3 of 61 October 24, 2006 for City Council/Community Development commission/Rohnert Park Financin¢ Authority 2006-255 Authorizing and Approving Amendment No. 3 to Task Order 2004 -14 with Winzler & Kelly Consulting Engineers for Supplemental Engineering Services Associated with the Eastside Trunk Sewer Project, City Project No. 2004 -05 6. City Hall Relocation Phase I (Building Pad Grading) - Award of Contract - Consideration of this award of contract for bid opening on Monday, October 23, 2006 1. Staff Report 2. Public Comments 3. Resolution for Adoption: 2006 -256 Awarding the Contract for the City Hall Relocation Project, Phase I (Building Pad Grading), City Project No. 2004 -33 • Council motion • Council discussion • Council vote 7. Planning and Zoning/Community Development matters: 1. Condominium Conversions Moratorium Extension - Consideration of Adoption of Urgency Ordinance (by a four -fifths vote of the City Council) Continuing a Moratorium Upon Condominium Conversions From October 24, 2006 Through and Including September 8, 2007, ( Rohnert Park Municipal Code Section 17.07.020(f" regulates condominium conversions in the City) a. Staff Report b. PUBLIC HEARING c. Waive Further Reading and Adopt Urgency Ordinance by Reading Title: No. 768 Urgency Ordinance Continuing a Moratorium Upon Condominium Conversions From October 24, 2006 Through and Including September 8, 2007 • Council motion • Council discussion • Council roll call vote (requires a four -fifths vote to adopt) 2. Tree Preservation and Protection - Consideration of Introduction of Ordinance Amending Rohnert Park Municipal Code, Chapter 12.24 (Public Tree Care) of Title 12 - Streets and Sidewalks, and Chapters 17.04 (Definitions) and 17.15 (Tree Preservation and Protection) of Title 17 - Zoning (File Number PL2006 -03IMQ a. Staff Report b. PUBLIC HEARING c. Waive Further Reading and Introduce Ordinance by Reading Title: No. 769 Amending Chapter 12.24 (Public Tree Care) and Title 17 (Zoning Ordinance) of the Rohnert Park Municipal Code to Address Tree Preservation and Protection • Council motion • Council discussion • Council roll call vote City of Rohnert Park CONCURRENT MEETINGS Agenda (4 of 6) October 24, 2006 for City CounciUCommunity Development CommissionlRohnert Park Financing Authority RECESS the City Council meeting to consecutively & separately CONVENE the meetings of Community Development Commission & Rohnert Parr Financing Authority COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK AGENDA Tuesday, October 24, 2006 Meeting Location: City 1-lali, 6750 Commerce Blvd., Rohnert Paris, CA CDC MEETING - Call to Order, Roll Call 03reeze_Flores Mackenzie— Vidak- Martinez_Smith� Unscheduled public appearances - for public comment on agenda items or other matters 1. CONSENT CALENDAR All items on the consent calendar will be considered together by one action of the Commission unless any Commissioner or anyone else interested in a consent calendar item has a question about the item. 1. Approval of CDC Portion of Concurrent City Meeting Minutes for: Regular Meeting - October 10, 2006 2. Approval of CDC Bills/Demands for Payment 3. Accepting CDC Cash/Investments Reports for: U : Final Report for Fiscal Year Ending June 30, 2006, and • Month Ending July 31, 2006 2. Sonoma Mountain Business Cluster Loan Agreement - Consideration of approval. 1. Staff Report 2. Public Comments 3. CDC Resolution for Adoption: 2006 -29 Approving a Loan Agreement with Sonoma Mountain Village Business Cluster • Commission motion • Commission discussion • Commission vote . California Redevelopment Association (CRA) 2006 Regional Briefing • Commission discussion /direction 4. Adjournment of CDC meeting City of Rohnert Park CONCURRENT MEETINGS Agenda 15 of 6) October 24, 2006 for City Council/Community Development CommissiomWohnert Park Financing Authority ROHNERT PARK FINANCING AUTHORITY AGENDA Tuesday, October 24, 2006 Meeting Location: City Hall, 6750 Commerce Blvd., Rohnert Park, CA RPFA MEETING - Call to Order, Roll Call (Breeze _ Flores—Mackenzie — Vidak- Martinez_Smith� Unscheduled public appearances - for public comment on agenda items or other matters 1. CONSENT CALENDAR All items on the consent calendar will be considered together by one action of the Authority unless any Authority Members or anyone else interested in a consent calendar item has a question about the item. Approval of RPFA Portion of Concurrent City Meeting Minutes for: 1/ Regular Meeting - October 10, 2006 2. Accepting RPFA Cash/Investments Report for: • Final Report for Fiscal Year Ending June 30, 2006, and * Month Ending July 31, 2006 2. Adjournment of RPFA meeting RECONVENE CITY COUNCIL REGULAR MEETING 8. Review of Graffiti Issues in Rohnert Park - Report on current issues relatin g to graffiti in Rohnert Park and staff efforts to reduce /abate graffiti problems 1. Staff Report 2. Council discussion/direction 9. Council. Committee & /or Other Reports: I. Bridging the Town/Gown Divide, 10/12/06 (TS) 2. Fiji Day Celebration, 10/13/06 (TS) 3. Economic Development Subcommittee, 10/13/06 mtg. (AFNVM) X4. Sonoma. County Transportation Authority (SCTA), 10/16/06 mtg. QM) xS. Santa Rosa Plain Conservation Strategy Implementation Committee, Implementation Options Workshop, 10/18/06 QM) 6. Sonoma County Waste Management Agency, 10/18/06 mtg. (TS) 7. California Home Builders Association, City Managers Night, 10/18/06 (TS) 8. Tribal Subcommittee, 10/20/06 mtg. (TS /VVM) 4 -H Achievement Night, 10/21/06 (TS) W. Sonoma Mountain Village Business Incubator, 10/24/06 (TS) 11. Other informational reports, if any City of Rohner t Park CONt i1RKENT MEETINGnda (6 of b) October 24, 2006 for City CounciUCommunity Development CommissionlRohnert Park Ymancing Authority 10. Communications Copies of other communications have been provided to Council for review prior to this meeting. Council Members desiring to read or discuss any communication may do so at this time. 11. Matters from /for Council: 1. Mayor's 10/15/06 article in Sacramento Bee regarding retiree benefits 2. Schedule of Events and Meetings 3. City Council Agenda Forecast 4. Other informational items, if any 12. City Manager's /City Attorney's Reports: 1. Assistant City Manager appointed by Municipal Managers Association of Northern California to League of California Cities Committee on Housing, Community, and Economic Development 2. Other informational items, if any 13. PUBLIC COMMENTS For public comment on items not listed on the agenda, or on agenda items if unable to speak at the scheduled time (limited to 3 -5 minutes per appearance & a. 30 minute total time limit, or allocation of time based on number of speaker cards submitted) - t'LEASE FILL OUT A SPEAKER CAP-D PRIOR TO SPEAK, I�TG - *SEE NOTE ON LAST PAGE OF THIS AGENDA Adjournment of City Council Meeting NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be considered earlier or later than the time indicated depending on the pace at which the meeting proceeds. If you wish to speak on an item under discussion by the Council which appears on this agenda, after receiving recognition from the Mayor, please walk to the rostrum and state your name and address for the record. - PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING - Any item raised by a member of the public which is not agendized and may require Council action shall be automatically referred to staff for investigation and disposition which may include placing on a future agenda. if the item is deemed to be an emergency or the need to take action arose after posting of the agenda within the meaning of Government Code Section 54954.2(b), Council is entitled to discuss the matter to determine if it is an emergency item under said Government Code and may take action thereon. JH- h:102406 AGENDA RPCity Council- CDC -RPFA City of Rohnert Park *6750 Commerce Boulevard *Rohnert Park, California 94928 Phone: (701)5W22270FAX: (707 )M- 2274 +wLB: www.rprity.org ROHNERT PARK CITY COUNCIL Community Development Commission Rohnert Park Financing Authority CONCURRENT MEETINGS AGENDA Tuesday, October 24, 2006 MEETING LOCATION: CITY HALL - COUNCIL CHAMBERS 6750 Commerce Boulevard, Rohnert Park, California The Rohnert Park City Council welcomes your attendance, interest and participation at its regular concurrent city meetings scheduled on the 2nd and 4th Tuesdays of each month at 6:00 p,m. in the Council Chambers. City CounciUCDCIRPFA Agendas & Minutes may be viewed at the City's website: www•rncituor� Council/Commission /Authority may discuss and/or take action on any or all of the items listed on this agenda Waiver Warning: If you challenge decisions of the City Council, the Community Development Commission, or the Rohnert Park Financing Authority of the City of Rohnert Park in court, you may be limited to raising only those issues you or someone else raised at public hearing(s) described in this Agenda, or in written correspondence delivered to the City of Rohnert Park at, or prior to the public hearing(s). DISABLED ACCOMMODATION: If you have a disability which requires an interpreter or other person to assist you while attending this City Council meeting, please contact the City 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 -tare. etc.) 6:00 p.m. CITY COUNCIL, REGULAR MEETING - Call to Order Roll Call (Breeze Flores Mackenzie Vidak- Martinez Smith COMMISSION OF FIRE ENGINE 9982 - On -Site at City Hall Parking Lot ADJOURN TO CLOSED SESSION TO CONSIDER: • Litigation matters - Pursuant to Government Code Section 54956.9 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Government Code §54956.9: 1 case 6:15 p.m. REGULAR SESSION - Reconvene Pledge of Allegiance - Led by Nick Savio, Student, Evergreen Elementary School MOMENT OF SILENCE in Memory of Rand Link, Former Sonoma State University Student Advisor 1. Mayor's Report on Closed Session (G.C. 54957.1) City of Rohnert Park CONCURRENT MEETINGS Agenda (2 of 6) October 24, 2006 for City CounciUCommunity Development Commikxsion/Rohnert Park Financing Authority 2. SCHEDULED APPEARANCES/PRESENTATIONS: 1. United Way "Day of Caring" Rehabilitation of Community Development Commission -Owned Homes for the Committee on the Shelterless (COTS) Transition Housing Program 2. Suzanne Sanders regarding the need for a skate park in Rohnert Park 3. Lynne Conde and guests Kathy Ficco, Director of St. Joseph's Dental Care, and Brenda Walker, Patelco, regarding Dental Care Access for Rohnert Park/Cotati For items to be listed on the agenda, -written requests must be submitted to the City Manager's Office prior to finalization of meeting agendas, i.e. by noon on the Tuesdays preceding City Council meetings regularly scheduled on the 2nd and 4th Tuesdays ofeaeh month 3. SSU STUDENT REPORT: • Sonoma State University Associated Students, Inc. By Whitney Diver, Legislative Representative 4. UNSCHEDULED PUBLIC APPEARANCES /COMMENTS: For public comment on items listed or not listed on the agenda, (limited to 3 -5 minutes per appearance & a 30 minute total time limit, or allocation of time based on number of speaker cards submitted) - 1f!EASFt FILL OUT A SPEAKER CARD PRIOR TO SPEAKING. - *SEE NOTE ON LAST PAGE OF THIS AGENDA 5. CONSENT CALENDAR All items on the copse:! *, calendwr 9,111 ve considered tozetiier by one action of tLIC Council unless any Council Member or anyone else interested in a consent calendar item has a question about the item. A. Approval of City Council Portion of Concurrent Meeting Minutes for: • Regular Meeting - October 10, 2006 B. Approval of Bills/Demands for Payment concurrently for: • City of Rohnert Park/City Council C. Accepting Cash/Investments Reports for: • Final Report for Fiscal Year Ending June 30, 2006, and • Month Ending July 31, 2006 D. Resolutions for Adoption: 2006 -253 Authorizing and Approving a Lease Agreement with Neighbors Organized Against Hunger (NOAH) Food Bank for Use of City Facilities 2006 -254 Authorizing and Approving the First Amended Cooperative Agreement Between and Among the Sonoma County Water Agency, the County of Sonoma, the Cities of Cotati, Rohnert Park, Santa Rosa, and Sebastopol, the Town of Windsor, and Cal American Water Company to Provide Funding and Support information for the Santa Rosa Plain Groundwater Study City of Rohnert Park CONCURRENT MEETINGS Agenda Q of 6) October 24, 2006 for City C0und11C0mmunity Development Commission/Rohnert Park Financing Authority .4uub- /-oz) Autnorzzing and Approving Amendment No. 3 to Task Order 2004 -14 with Winzler & Kelly Consulting Engineers for Supplemental Engineering Services Associated with the Eastside Trunk Sewer Project, City Project No. 2004 -05 6. City Hall Relocation Phase I (Building Pad Grading) - Award of Contract - Consideration of this award of contract for bid opening on Monday, October 23, 2006 1. Staff Report 2. Public Comments 3. Resolution for Adoption: 2006 -256 Awarding the Contract for the City Hall Relocation Project, Phase I (Building Pad Grading), City Project No. 2004 -33 • Council motion • Council discussion • Council vote 7. Planning and Zoning/Community Development matters. 1. Condominium Conversions Moratorium Extension - Consideration of Adoption of Urgency Ordinance (by a four -fifths vote of the City Council) Continuing a Moratorium Upon Condominium Conversions From October 24, 2006 Through and Including September 8, 2007, ( Rohnert Park Municipal Code Section 17.07.02OW regulates condominium conversions in the City) a. Staff Report b. PUBLIC HEARING c. Waive Further Reading and Adopt Urgency Ordinance by Reading Title: No. 768 Urgency Ordinance Continuing a Moratorium Upon Condominium Conversions From October 24, 2006 Through and Including September 8, 2007 • Council motion • Council discussion • Council roll call vote (requires a four -fifths vote to adopt) 2. Tree Preservation and Protection - Consideration of Introduction of Ordinance Amending Rohnert Park Municipal Code, Chapter 12.24 (Public Tree Care) of Title 12 - Streets and Sidewalks, and Chapters 17.04 (Definitions) and 17.15 (Tree Preservation and Protection) of Title 17 - Zoning (File Number PL2o06 -031MQ a. Staff Report b. PUBLIC HEARING c. Waive Further Reading and Introduce Ordinance by Reading Title: No. 769 Amending Chapter 12.24 (Public Tree Care) and Title 17 (Zoning Ordinance) of the Rohnert Park Municipal Code to Address Tree Preservation and Protection • Council motion • Council discussion • Council roll call vote City of Rohnert Park CONCURRENT MEETINGS Agenda (4 of 6) October 24 2006 for City CouneiUCommunity Development CommissionlRohnert Park rwaneing Authority RECESS the City Council meeting to consecutively & separately CONVENE the meetings of Community Development Commission & Rohnert Parr Financing Authority COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK AGENDA Tuesday, October 24, 2006 Meeting Location: City Bali, 6750 Cou,-nerce Blvd., Rohn; Park, CA CDC MEETING - Call to Order, Roll CatT (Breeze Flores Mackenzie Vidak- Martinez_ Smith_) Unscheduled public appearances - for public comment on agenda items or other matters L CONSENT CALENDAR All items on the consent calendar will be considered together by one action of the Commission unless any Commissioner or anyone else interested in a consent calendar item has a question about the item. 1. Approval of CDC Portion of Concurrent City Meeting Minutes for: Regular Meeting - October 10, 2006 2. Approval of CDC Bills/Demands for Payment 3. Accepting CDC Cash/Investments Reports for: o Final Report ur Fiscal Tear Ending June 30, 2006, and • Month Ending July 31, 2006 2. Sonoma Mountain Business Cluster Loan Agreement - Consideration of approval. 1. Staff Report 2. Public Comments 3. CDC Resolution for Adoption: 2006-29 Approving a Loan Agreement with Sonoma Mountain Village Business Cluster • Commission motion • Commission discussion • Commission vote 3. California Redevelopment Association (CRA) 2006 Regional Briefing • Commission discussion /direction 4. Adjournment of CDC meeting City of Rohnert Park CONCURRENT MEETINGS Agenda (5 of 6) October 24 2006 for City CouneWCommunity Development CommissiomRohnert Park Financing Authority ROHNERT PARK FINANCING AUTHORITY AGENDA Tuesday, October 24, 2006 Meeting Location: City Hall, 6750 Commerce Blvd., Rohnert Park, CA RPFA MEETING - Call to Order, Roll Call (Breeze—Flores Mackenzie— Vidak- Martinez Smith_) Unscheduled public appearances - for public comment on agenda items or other matters 1. CONSENT CALENDAR All items on the consent calendar will be considered together by one action of the Authority unless any Authority Members or anyone else interested in a consent calendar item has a question about the item. 1. Approval of RPFA Portion of Concurrent City Meeting Minutes for: Regular Meeting - October 10, 2006 2. Accepting RPFA Cash/Investments Report for: • Final Report for Fiscal Year Ending June 30, 2006, and • Month Ending July 31, 2006 2. Adjournment of RPFA meeting RECONVENE CITY COUNCIL REGULAR MEETING 8. Review of Graffiti Issues in Rohnert Park - Report on current issues relating to graffiti in Rohnert Park and staff efforts to reduce /abate graffiti problems 1. Staff Report 2. Council discussion /direction 9. Council Committee & /or Other Reports: 1. Bridging the Town/Gown Divide, 10/12/06 (TS) 2. Fiji Day Celebration, 10/13/06 (TS) 3. Economic Development Subcommittee, 10/13/06 mtg. (AFNVM) 4. Sonoma County Transportation Authority (SCTA), 10/16/06 mtg. QM) S. Santa Rosa Plain Conservation Strategy Implementation Committee, Implementation Options Workshop, 10/18/06 QM) 6. Sonoma County Waste Management Agency, 10/18/06 mtg. (TS) 7. California Home Builders Association, City Managers Night, 10/18/06 (TS) 8. Tribal Subcommittee, 10/20/06 mtg. (TS/VVM) 9. 4 -H Achievement Night, 10/21/06 (TS) 10. Sonoma Mountain Village Business Incubator, 10/24/06 (TS) 11. Other informational reports, if any City of Rohnert.Park CONCURRENT MEETINGS Agenda (6 of 6) October 24, 2006 for City CouncUlCommunity Development CommissionlRohnert Park Financing Authority 10. Communications Copies of other communications have been provided to Council for review prior to this meeting. Council Members desiring to read or discuss any communication may do so at this time. 11. Matters from /for Council: 1. Mayor's 10/15/06 article in Sacramento Bee regarding retiree benefits 2. Schedule of Events and Meetings 3. City Council Agenda Forecast 4. Other informational items, if any 12. City Manager's /City Attorney's Reports: 1. Assistant City Manager appointed by Municipal Managers Association of Northern California to League of California Cities Committee on Housing, Community, and Economic Development 2. Other informational items, if any 13. PUBLIC COMMENTS For public comment on items not listed on the agenda, or on agenda items if unable to speak at the scheduled time (limited to 3 -5 minutes per appearance & a 30 minute total time limit, or allocation of time based on number of speaker cards submitted) - PLEASE KILL OUT A SPEAKER CARD PRIOR TO SPEAKING - *SEE NOTE ON LAST PAGE OF THIS AGENDA Adjournment of City Council .Meeting vti vvvY- vvvv���lvW NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be considered earlier or later than the time indicated depending on the pace at which the meeting proceeds. If you wish to speak on an item under discussion by the Council which appears on this agenda, after receiving recognition from the Mayor, please walk to the rostrum and state your name and address for the record. - PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING - Any item raised by a member of the public which is not agendized and may require Council action shall be automatically referred to staff for investigation and disposition which may include placing on a future agenda. If the item is deemed to be an emergency or the need to take action arose after posting of the agenda within the meaning of Government Code Section 54954.2(b), Council is entitled to discuss the matter to determine if it is an emergency item under said Government Code and may take action thereon. JH- h:102406 AGENDA -Miry Council - CDC -RPFA COURTESY AGENDA 10124/06 cc: I Hauff, City Clerk (2) K. Leonard, Shorthand Reporter NOTE: Place marker on agenda for each individual recipient. VIA E-MAIL TO: Nick Savio Suzanne Sanders Lynne Conde' 4949 Snyder Lane, #169 5702 Davis Circle 5732 Dexter Circle Rohnert Park, CA 94928 Rohnert Park, CA 94928 Rohnert Park, CA 94928 Page 1 of 1 Mendenhall, Carol From: City Clerk temp Sent: Friday, October 20, 2006 9:59 AM To: 'rogerk @cots- homeless.org' Cc: Mendenhall, Carol; Hauff, Judy; Ellena, Cas; Lidster, Beth Subject: Agenda for 10124 Rohnert Park City Council Meeting Attachments: 102406 Rohnert Park CC Meeting.pdf Good Morning Roger, Attached is the agenda for the Rohnert Park City Council Meeting coming up on Tuesday October 24, 2006. Your item is listed under Scheduled Appearances /Presentations, item number 2 on the second page. Let me know if you have any questions. Thank you, Brian Goodman City Clerk Temporary Assistant 6750 Commerce Blvd. Rohnert Park, CA 94928 Tel (707) -588 -2227 Fax: (707)- 588 -2274 www.rpci .org 10/24/2006 Page I of I Mendenhall, Carol From: Ellena, Cas Sent: Friday, October 20, 2006 7:59 AM To: Mendenhall, Carol Cc: Hauff, Judy; Lidster, Beth; City Clerk temp Subject: RE: 10/24/06 Courtesy Agenda That would be great Carol. Can you send it to Roger Kirkpatrick at: rogerk @cots-homeless.org From: Mendenhall, Carol Sent: Thursday, October 19, 2006 11:51 AM To: Ellena, Cas Cc: Hauff, Judy; Lidster, Beth; City Clerk temp Subject: 10/24/06 Courtesy Agenda Hello Cas, In regards to the United Way "Day of Caring" Rehabilitation of CDC-Owned Homes for COTS scheduled appearance/presentation, would you like us to send out a Courtesy Agenda? If so, please provide either an e-mail or street address so that we may forward this along. P.S. Please copy Brian into your response as I will be out of the office tomorrow and Monday and he will be handling this process. Thank you, CarolA Mendenhaff Office Asst. 11 / Deputy City Clerk City of Rohnert Park 6750 Commerce Blvd. Rohnert Park, CA 94928 Phone: (707) 588-2225 Fax: (707) 588-2274 10/24/2006 Shipment Details Fed Log out doom, Your Shipment Details: Ship to: From: Tracking no: Ship date: Service Type: Please Note Page 1 of 1 Keith Kiley for G. Whelan McDonough, Holland & Allen 1901 Harrison Street, 9th Floor Oakland, CA 946123501 US 510 - 273 -8767 Carol Mendenhall CITY OF ROHNERT PARK 6750 COMMERCE BLVD ROHNERT PARK, CA 94928 US 7075882227 798523043635 Oct yA'2006 I blI `ilo � >Si> Priority Overnight Package Type: Pickup /Drop Off: Weight: Dimensions: Declared Value: Shipper Account Number: Bill transportation to: Courtesy Rate Quote Discounted variable % Special Services: Purpose: Shipment Type: FedEx Pak give to scheduled courier at my locati 1 LBS OxOxOin 0 USD 147969228 147969228 *17.82 0.00 Express *The courtesy rate shown here may be different than the actual charges for your shipment. Differences may occur based on actual weig dimensions, and other factors. Consult the applicable FedEx Service Guide or the FedEx Rate Sheets for details on how shipping char. calculated. FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non - delivery, misd( misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim. Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental, consequential, or special is I greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss. Maximum for items of extraordinary \ e.g., jewelry, precious metals, negotiable instruments and other items listed in our Service Guide. Written claims must be filed within stric Consult the applicable FedEx Service Guide for details. https: / /www. fedex. com/ fsmHistorylHistoryMainAction.do ?method= doHistoryEntry &met... 10/18/2006 Page i of 1 Hauff, Judy FC-0: From: Smith, Tim enda o o: Sent : Wednesday, October 11, 2006 7 :3$ PM To: Lidster, Beth; Hauff, Judy l o , I g .p6 Cc: Donley, Steve Subject: PD on W/10- 11 -06: Rand Link dies FYI and as requested please place moment of silence at start of our next agenda. Thanks, Tim Article published - Oct 11, 2006 Former SSU student adviser Link dies By Bob Norberg THE PRESS DEMOCRAT For 35 years, hand Link was the surrogate parent for Sonoma State University students, overseeing their dairy lives as they experienced and adapted to campus life. He went to athletic events, attended concerts, oversaw counseling programs-and campus residences, mentored student leaders and followed their careers after they left campus, served pancakes at the annual Midnight Breakfast and developed a health services program that became the statewide model. "We called him the Sage, the Wise Old Man," said Nadir Vissanjy, the student body president. "He always had good insight and would always share, if you asked." When the Sept. 11 terrorist attacks occurred, Link stayed with students all night in the residential complexes, attending their candlelight vigil . "Everybody just loved working with Rand, who was just such a good colleague," said Katharyn Crabbe, the vice president of student affairs. "So people are feeling kind of rocky." Link, who retired 14 months ago, died Monday at his Sebastopol home after a brief battle with cancer. He was 59. A native of Los Angeles, Link arrived at Sonoma State in 1970 and spent his entire tenure there involved in student life, dealing with everything that was nonacademic, particularly for the 18- and 19- year -old freshmen and sophomores living in campus housing. He retired as the vice president of student affairs, overseeing athletic programs, student government, residential life, counseling services and health services. "Rand was a gifted and caring educator who always put the needs of our students first," said Larry Furukawa -Schle -reth, the vice president of administration and finance. "He truly will be missed by the entire university community." Link received the California St a to University Leadership Excellence Award for being chairman of the SSU Alcohol and Drug Advisory Council. "Rand has always been a person serious about his job," said Susan Kashack, the associate vice president of communications. "His most favorite part of his job was helping student leaders grow. He was very good at that; he created opportunities for them and followed them in their careers." Link graduated from UC Santa Barbara and received his masters degree from Ohio State University and his doctorate from UC Berkeley. He spent his entire professional career at Sonoma State, very rare for a vice president of student affairs, Crabbe said. "Most of what you see in the way of student activities and student life on campus he had a part in developing. What we have we owe in great part to Rand," Crabbe said. He was an avid sports fan and tennis player. He also was a member of Congregation Shomrei Torah in Santa Rosa. He was married to Ileene Link for 36 years. He also is survived by his children, Mark H. Link of Ann Arbor, Mich., and Elizabeth ]. Link of Tucson, Ariz.; his father, Irving Link of Century City, and sister Gale Wachs of Lake Forest. Services will be at 10 a.m. Thursday at Congregation Shomrei Torah. Interment will be at Shomrei Torah Cemetery at Santa Rosa Memorial Park. Memorial donations may be made to the SSU Academic Foundation Link Family Scholarship, 1801 E. Cotati Ave., Rohnert Park, 94928. 10/12/2006 FROM : FAX No. :, 7077952341 Oct. 16 2006 05:19PM Pi YNTCEIVED T 1 7 2906 R01MRT PARK CITY COUNCIL MY OF ROHNERT PMK SCIMDULED SPFA*MR Today's Date: 'I o--- -"N G-- N" Date of meeting for which you pv& to, be wbe&ded to "A Nat= Phdne Brief Su.mmary of Conwaerft- �,eed c, to, to" 10- IX-O& I In ordW for sdw&ded speahM to b# ftsw on &0'agaak Wraom n p m must besvbMWdt0 the sty m's offleepnor t0flWhzaffan ofmwhw agnWa3k Le by mom on &t Tuepios pr' cawg av causcumewhW PeRUZM*sd*duWon the 2nd eod 4th 7Wesam Return to: City. of fthnert park city " AdminisurAdw orlc% 6750 Commerce Blvd, Rohnat Park, CA 94928 - PbOW- QOY) 588—=7F= (707) -588-7263 ".1k I j Distr. a@ Mtg. Of. lr, �dto cc. cc. Good Evening, my name is Suzanne Sanders. 1 e- at KIST radio station. I live at 5702 Davis Circle Park. I have been a resident since 1987. I'm here as a mother who's sons and his friend's ask me why Rohnert Park is the only city in Sonoma County without a skate park. I am here tonight on behalf of parents and skate borders that support and believe that our town needs a community skate park. With me tonight is some of our cities skate boarders. I'd like to take a few minutes to show you who young today's skateboarders are This is footage from the California State games. The Ca. State games are an Olympic style version of competition for amateur youths that involves all sports. The children you will see competing are between five and ten years old. Last year my son started competing in skateboarding contests sponsored by the California amateur skateboarding league. CA is a twenty year old organization founded by Tony Hawks Father. It soon became apparent to me that skaters who had a skate park in their home town had a competitive edge over my Rohnert Park Street Skater. My families' weekends now include driving to other cities to practice and compete in their skate parks. My son asked me once after skating, how come Rohnert Park will allow a casino where people can get drunk and gamble but they won't allow a skate park for kids to skate at. I realized then that as a Mother, tax payer and citizen of Rohnert Park I had every right to address plead and ask city council members and parks and recreation departments to please not refuse our youth the right to a Community Skate park in their home town. I know that in 2001 this city almost got a skate park. Now there are skate parks in Petaluma, Santa Rosa, Sonoma, Healdsburg, Windsor, Cloverdale and soon Sebastopol. According to Wikepedia, there is a new skate park opening every three days in the U.S. Skate parks are currently one of the biggest things happening in recreational facility development. We are here to ask you to re- address it and build this skate park for our youth. Please do not count on developers to fund or control this project. Build this for the kids. Apply for grant and foundation money and use capitol campaign funding instead. Many of our city big box stores have foundations funds available. Skate parks can be built through grants and foundation money from corporate and private entities. 1 nis is one or the most philanthropic areas in the Nation. The city could even impose a sin tax on the casino and use that money strictly for youth and park benefits. Everyone I have talked to in this city has been support of a skate park. But City officials say there is no place to build one and we might not get one for years. Most skate parks are now built in existing Community Parks. Unfortunately, Santa Rosa and Petaluma are earlier designed examples of skate parks. I would like to show you some new examples of skate parks built into parks within in neighborhoods. 7 There are several locations in this city that residents have recommended to me when I've spoke to them about having a skate park built here. The community center, The H Park next to the pool. Camino Collego Park. Many cities and schools are now partnering with Boys and girls clubs and building skate parks. The Windsor boys and girls club is a perfect example of how successfully this can be done. As well, as the Sonoma Boys and girls club and the Chula Vista Boys and girls club in San Diego which is where the state skateboarding competition were held. According to the August issue of Time Magazine the Skate park building industry has doubled in the last five years with the building of over two thousand skate parks. Why are so many cities building skate parks? It's simple, skateboarding is part of our youth's culture. On any given night the X -games have more Television viewers then the Olympics. Today's kids and their parents see skateboarding in advertising, television programs, movies and video games. Athletes like Tony Hawk and Shawn White are as well known as athletes like Barry Bonds and Lance Armstrong. The September issue of Fortune Magazine monthly's investment article recommends investing in niche retail. Fortunes recommendation? Zumiez a nation wide skate and surf store. The fact is everyday there are kids out skating in front of their houses, riding them down the street and hanging out at shopping centers in this city and it's been like that for years. Kids want to skate board just like they want to play other sports. They need a safe place to skate. We need to build a safe place for them to skate board. Please council members build a skate park in Rohnert Park so that skateboarding is not a crime. It can be successful. It is successful in thousands of cities across America. The only 4 � µr %✓ thing missing from our parks that are full of base ball., -' diamonds, softball fields, soccer fields, swim centers and tennis courts and even a dog park is a skate park. Please remember that not all sports are team sports. Don't let the "not in my backyard" Nay Sayers dissuade you. If you can have a casino you can have a skate park. Talk to other cities; look at skate parks beyond Santa Rosa and Petaluma. Build a park that closes at sunset, put a fence around it and it will be safe and look good for many years of enjoyment. Graffiti is non existent in most parks. Skate parks are not noisier then soccer and baseball games. If this is the friendly city please be friendly to our kids who want tV .07kate tVO. Th10 VVmmL4111L.Y niVUld build a Jkate park that can be a showcase in the North Bay. A place for not only our kids to play but parents can enjoy spending time at too. I find it sad and ironic that the only city in Sonoma County with a park in its name has no skate park. We should have the best skate park in Sonoma County and include skate boarding as a welcomed sport like we do baseball, softball, soccer, tennis and swimming. If a skate park is well built it will be a benefit to our kids near round. Consider t e changing demographics. ohnert Park has the youngest demo ra any city in Sonoma County according to the 2001 US Census. It's where families can still afford a home in Sonoma County. By 2010 there is projected to be 100 million people in the U.S. under the age of twenty five. Twenty two million more people then the baby boomer demographic! That's Twenty two million people who know skate boarding as a part of their culture. I hope you all are in favor of building a skate park for our children to enjoy. This is something Rohnert Park should offer as a gift for our kids. Santa Rosa Mayor Jane Bender starts her council meetings by asking, "How are the kids" Please don't forget them as you develop this city. They are our future. Remember, that for us ten years in nothing, for kids it's their entire childhood. I have more then three hundred signature in support of a community skate park. I thought it would be best to hear from someone with experience in the creation and maintenance of a skate park. I have with me tonight, Willits City Public works director Dave Madrigal. Dave is here to speak to all of you about the pros and cons of a community skate park. Thank you again for your time. Good night. 3• ; r: •: .`' «ice (so® — Pilo Hi, my name is JJ Benavudez and I live on Holy w Rohnert Park I'm in sixth grade and attend Creekside middle school. I skateboard because it's challenging and it's a sport that lets me be creative. The feeling of flying when you get 5 feet of air out of a bowl or grinding a rail and finally landing the trick you've worked on for months is the greatest feeling. The only place kids in Rohnert Park can skateboard is on the cracked street or side walk, or at the nearest school which ruins benches and curbs, If we got a skate park in Rohnert Park, property wouldn't be damaged and kids would have a safe place to skate. I propose that Rohnert Park get a skate park because it will keep kids off the street and from vandalizing property. Some kids don't have anyone to take them all the way to the Petaluma or Santa Rosa skate park. So if we get one in Rohnert Park, kids would be able to skateboard, rollerblade or bike in a safe environment. Please help Rohnert Park kids, and vote for a skate park. Sincerely, #�- ' Distr. @ Mtg. Of: Z 1)Z2`t/ L cc: cc: File: File: Skate park society: builds responsibility and community; across the country, skate parks are currently one of the biggest things happening in recreational facilty development - Social Issues Parks _& Recreation, March 2002 by Aaron SDohn It is a Sunday afternoon in a small Northern California town. A wintry breeze and grey skies make the recreational complex in the local park cold and uninviting. The hockey rink, basketball courts, tennis courts, and ball field are deserted. There is, however, one hot pocket of activity. Back in a far corner of the complex is a skate park, and it is swarming with people on wheels. The scene is like a microscopic view of a large electron with dozens of positively charged particles rapidly swirling around each other, converging, nearly colliding, edging, and sailing off again. Normally they are able to avoid each other, but when there is a collision, apologies are usually made while the two recover themselves, and then they go sailing off again . If a community doesn't have one already, either there is one under construction, one being planned, one being discussed, or one being dreamed of by the local youth. And, when one is built, it immediately fills up with some mix of children, teenagers and adults of various races, needs and genders on skateboards, inline skates, bikes and scooters. The average skate park is a diverse culture, indeed, even though the dominant majority is still the white male teenager on a skateboard. That this diversity of moving particles is able to coexist safely and peacefully is, of course, a major concern to city administrators -- with lawsuit liability being one key reason. In all parks some effort is made to regulate use by posting signs stating rules on hours, safety gear, and forbidden equipment and behavior. In most of the parks that are not supervised by onsite staff, these rules are often, if not regularly, ignored. Even where police patrols issue citations, people still ride bikes and scooters, ride without helmets or pads, and ride during off hours -- even when the gate is locked. Still, serious injuries, lawsuits, vandalism, graffiti, fights, drugs and other problem behavior (with the exception of flaunting the rules) seem to be unexpectedly low. A recent survey by the City of Piedmont, Calif., revealed that in the responding 75 California cities with skate parks (some in existence since 1996) there have been a total of just two injury suits filed: one for a broken arm, which was settled by the city, and another that was unidentified. One recreation supervisor's description of skate park society is typical. "Skaters manage themselves. They have their own rules of etiquette. They take turns. They look out for younger kids. They're concerned about their own safety and the safety of others. They don't want collisions because if they get injured then they can't skate. Nobody wants that." "We try to look out for each other," a 15- year -old on a BMX explained. "It's common courtesy, you know? If there are a lot of people you tell them when you're going and where you're going. You just got to look. The worst problems are little roller bladers or scooter kids because they don't know where to go. I used to get really mad but now when little kids come into the park I tell them to watch out and keep their eyes open because nobody wants to get hit or to hit somebody else. It doesn't feel very good. Like that kid on the scooter there, I told him, ' Hey, dude, make sure you know what's going on around you. "' Keeping Parks Safe Drug use in skate parks, always a favorite fear with the Not In My Backyard (NIMBY) crowd, has not utcriuliZcd as a big problem either. BUUi skaters and park supervisors acknowledge that it does occur but on a pretty minor scale. "Kids may use drugs when they're not skating, but in the park, they're usually so focused on mastering a move they've been working on, they don't want something getting in the way," explained one recreation director. "Their high comes from landing a great stunt and getting applause for it." A skateboarder in his early 20's made it quite clear, "To do the stuff I do, you have to have good coordination, timing and balance. Most of all you have to be aggressive with the obstacle. Otherwise, forget it. You can't do that and be stoned at the same time." Another counter to drug use is the constant possibility of collision, which requires skaters to be alert with a lot of head swiveling and over- the - shoulder glances, especially when taking off on a line to some obstacle. Not to paint too rosy a picture, some parks have experienced problems so significant that they've had to be closed. In light of all the reports of successful parks in surrounding cities, the question always arises: Why our park? The demographics of the people using the park, of course, might have something to do With it, but the nature and location of the park itself should be considered a possible source of problems. The environment of a skate park will have an effect on vdiat happens there. Behavior in and around a cramped, temporary, wood park with a portable toilet adjacent to a downtown commercial area in a city, for example, will be different from behavior- in a large, landscaped facility with a full complement of amenities in a suburban park area. If the skate park is in a neighborhood where people hang out to drink and do other drugs, the potential for problems obviously will be greater. Skate park society: builds responsibility and community; across the country, skate parks are currently one of the biggest things happening in recreational facilty development - Social Issues Parks �? Recreation, March 222 by Aaron Spohn « Pgge_I Continued from page 1. Previous Next Keeping Parks Maintained Along the same lines, park upkeep -- vital to safety and reducing liability -- can also influence user behavior. It is generally assumed that trashy, crime - ridden neighborhoods are that way because of the people who live there; the locals are responsible for their environment. Bottom line, this is true (though probably not for all of the residents). Yet this assumption overlooks the fact that poorly - maintained environments in turn create more crime and trashy behavior than would exist if the environment was somehow magically transformed every night so that each day dawned on a clean, attractive, and safe neighborhood. To some extent, trash begets trash. A recent New Yorker magazine reported an experiment that was conducted to determine the effects of environment on crime. Two similar urban streets that had a history of similar crime rates were selected for the study. Both streets were equally run down and dirty. A maintenance and beautification program, including regular street cleaning and trash removal, was begun on one street. Nothing was done to the other street. At the end of the study, the crime rates were compared, with a significant reduction recorded on the well -kept street. This study shows what we already intuitively know: A run down, negative environment can have a negative influence on behavior. Cities should consider this vdien selecting a site, developing a design, and planning a maintenance program for a skate park. One would think this would be obvious, but parks are still being built where they are likely candidates for social problems because of bad design, poor quality, negative locations and no maintenance programs. A telling statistic revealed in the Piedmont Survey cited earlier indicates that skate park planning and budgeting often do not extend to maintenance. Seventy -two percent of the cities that responded to the survey said they have no line itern or other estimate for skate park maintenance. One might conjecture that this is not an oversight, but that it is a matter of how funds are, or are not, allocated. Many cities are clear about their desire to avoid maintenance concerns and costs, and cite this as a reason for building in- ground concrete skate parks. But this is an illusion. No matter the construction material, there will be a need for repairs. The abuse parks take makes that certain. With concrete -- the abuse factor aside -- even if it's possible to find a concrete contractor experienced enough to build a good quality skate park, inevitably there will be chipping and cracking. Mark Delventhal, recreation department director for the City of Piedmont, who is experiencing this with his relatively new concrete park, says, "When you pour a bowl without expansion joints even under ideal conditions -- if it doesn't dry too fast, if it isn't over - troweled, if it is done perfectly -- you'll have cracking." Wood frame parks, especially with plywood or masonite surfaces, will deteriorate from water absorption, even when the wood is pressure- treated. Steel, if not galvanized or kept well painted, will rust. To think you can build a park you can turn your back on is a pipe dream. Cities in denial about maintenance will be jeopardizing their investment, compromising their protection from liability, and creating an environment conducive to the kinds of behavior no one wants in a skate park. Skate park society: builds responsibility and community; across the country, skate parks are currently one of the biggest things happening in recreational facilty development - Social Issues Parks & Recreation, March ZO02 by Aaron Spohn _ ° 3c� 1 Continued from page 2. Pi �i� I f __x_I What About the Bikes Perhaps the most widespread and growing problem for park administrators is free style biking in skate parks. Bikes are banned in most parks, although some parks run separate sessions for them. The Piedmont Survey reports only eight out of 75 cities allow bikes. Three allow them anytime and five only during special bike sessions. At the same time, bikes are a definite, if illegitimate, part of the real -world skate park culture -- right along side skateboards and inline skates. Had the survey asked how many parks are visited by bikes regularly, the honest answer would have been virtually all of them. This includes supervised parks, because no park is supervised 24- hours -a -day. Park administrators say bikes are banned because they get out of control and are dangerous; because they damage parks; because park architects say their parks are not designed for bikes; because there is no immunity from bike injury suits (in California, at least); and because they can't get insurance coverage for bikes. Bikers say those are all bogus reasons. They contend there's no evidence of more serious injuries or more lawsuits caused by bikes. They say because they have brakes they have more control than skateboards, which fly through the air out of control frequently, and more control than inliners who can't stop. They insist that the pegs they grind with do no more damage that the steel trucks skateboarders grind with, and that well -built parks have steel coping and grind plates designed to protect the edges of ramps and bowls. They also point out that BMX biking should be classified as a hazardous activity just like skateboarding and inline skating. Then, the liability and insurance problems would go away. One biker pointed out, "A big reason they don't want bikes is parents bring their little kids with scooters and roller blades and they see bikes and get scared and call the cops to get us out." Often park administrators acknowledge that they get pressured by phone calls and complaints in community hearings from parents who are concerned about their children being hurt by bikes. So far, city council members also have tended to be more responsive to this kind of lobbying than that which comes from the bike community. The present situation with bikes can be characterized as quite similar to skateboards before they had skate parks to use. When kids ride and stunt freestyle on public or private architecture, they risk getting citations. They find an empty lot and build dirt ramps, but the cops come and tear them down. They complain they have no where legal to ride so, "Why not ride illegally where it's more fun and where our - friends on skateboards ride?" Ironically, some of these BMX'ers were among the youths whose efforts were instrumental in getting skate parks built in the first place -- now the same parks from which they are banned. A truly negative side effect that both skateboarders and bikers have experienced is the criminalization of their sports and of themselves. It may seem outrageous to claim that the law is at fault, but nevertheless a lot of kids have found themselves in adversarial relationships with the police as law breakers (aka juvenile offenders). And, that's not a great way to prepare for adulthood. Their bumper stickers may say "Biking Is Not a Crime" but, in fact, it is. Instead, communities should use skate parks as opportunities for kids to develop positive relationships with police, working together to keep their skates parks safe and fun. Skate park society: builds responsibility and community; across the country, skate parks are currently one of the biggest things happening in recreational facilty development - Social Issues F arks 3_Recrg�tion, March -2002 by Aaron SDohn <Ralej Continued from page 2. Previous I Next What About the Bikes Perhaps the most widespread and growing problem for park administrators is free style biking in skate parks. Bikes are banned in most parks, although some parks run separate sessions for them. The Piedmont Survey reports only eight out of 75 cities allow bikes. Three allow them anytime and five only during special bike sessions. At the same time, bikes are a definite, if illegitimate, part of the real -world skate park culture -- right along side skateboards and inline skates. Had the survey asked how many parks are visited by bikes regularly, the honest answer would have been virtually all of them. This includes Supervised parks, because no park is supervised 24- hours -a -day Park administrators say bikes are banned because they get out of control and are dangerous; because they damage parks; because park architects say their parks are not designed for bikes; because there is no immunity from bike injury suits (in California, at least); and because they can't get insurance coverage for bikes. Bikers say those are all bogus reasons. They contend there's no evidence of more serious injuries or more lawsuits caused by bikes. They say because they have brakes they have more control than skateboards, which fly through the air out of control frequently, and more control than inliners who can't stop. They insist that the pegs they grind with do no more damage that the steel trucks skateboarders grind with, and that well -built parks have steel coping and grind plates designed to protect the edges of ramps and bowls. They also point out that BIAX biking should be classified as a hazardous activity just like skateboarding and inline skating. Then, the liability and insurance problems would go away. One biker pointed out, "A big reason they don't want bikes is parents bring their little kids with scooters and roller blades and they see bikes and get scared and call the cops to get us out." Often park administrators acknowledge that they get pressured by phone calls and complaints in community hearings from parents who are concerned about their children being hurt by bikes. So far, city council members also have tended to be more responsive to this kind of lobbying than that which comes from the bike community. The present situation with bikes can be characterized as quite similar to skateboards before they had skate parks to use. When kids ride and stunt freestyle on public or private architecture, they risk getting citations. They find an empty lot and build dirt ramps, but the cops come and tear them down. They complain they have no where legal to ride so, "Why not ride illegally where it's more fun and where our friends on skateboards ride ?" Ironically, some of these BMX'ers were among the youths whose efforts were instrumental in getting skate parks built in the first place -- now the same parks from which they are banned. A truly negative side effect that both skateboarders and bikers have experienced is the criminalization of their sports and of themselves. It may seem outrageous to claim that the law is at fault, but nevertheless a lot of kids have found themselves in adversarial relationships with the police as law breakers (aka juvenile offenders). And, that's not a great way to prepare for adulthood. Their bumper stickers may say "Biking Is Not a Crime" but, in fact, it is. Instead, communities should use skate parks as opportunities for kids to develop positive relationships with police, working together to keep their skates parks safe and fun. Skate park society: builds responsibility and community; across the country, skate parks are currently one of the biggest things happening in recreational facilty development ° Social Issues Park &_Recreation, March, 200?_ by Aaron Spohn « Page_1 Continued from page 3. _Previous I Next BMX is a problem that is going to become increasingly stickier for cities as the sport grows and its enthusiasts become more organized and vocal. One solution, in addition to equalizing the liability and insurance situation, might be to build parks for bikes only. Of course, unless they are dirt courses, skateboarders and inliners will use them, too -- rules or no rules. If they are dirt, there are always big - wheeled mountain boards that can ride them. And, in the end, bikers will still use skate parks because they have a liking for the obstacles. Parks for All A better solution is to build skate parks large enough to accommodate the entire population of kids on wheels safely with different obstacles and areas designed specifically for different vehicles and different ability levels so they can all play and practice together in a free and open park. These parks should be designed to handle the wear and tear imposed by skaters and bikers doing what they do. One reason skate parks are built is to reduce property damage caused by skaters. These facilities shouldn't have to ban bikes because their design makes them as vulnerable as the property they were built to protect. They should be built to handle that kind of abuse with moderate maintenance and simple repair. And, that kind of equipment is available now. Kathy Bartsch, recreation superintendent for the City of Napa, Calif., believes in the idea of a mixed -use, multi- ability level skate park Hers is an older, first- generation park. It was built as a skateboard park, but they don't attempt to exclude inlines, bikes, or scooters. Its posted rules require only helmets. It isn't supervised, and the kids are self - policing. City police check it only to protect park users from undesirable elements who might intrude. There certainly have been injuries but none reported to the city and no clainns have ever been oracle. When parents of smaller children complain about older skateboarders and bikers, Bartsch suggests that they take their children to the park during hours when it is quieter and the older kids are in school. Napa will be expanding the park soon and Bartsch says they want to stick to the concept of an open public park, free and accessible to everyone to use all the time. They don't want to limit or regulate park use any more than absolutely necessary. They will be adding obstacles for beginners in an area adjacent to the more advanced section so younger kids can safely watch and learn from the older ones. This also will allow older- kids to keep an eye on their younger siblings. Napa's philosophy on skate parks is based on their experience, which is that the kids have a track record of being responsible in the way they use the park. They are self - managing and considerate of each other. The older ones watch out for the younger ones. Bartsch feels that if you start trying to control use and regulate activities, it will impinge on the freedom the kids are pursuing, enjoying and learning from. It would change the nature of their sports. It would deny their ability to be responsible for themselves. Skate park society: builds responsibility and community; across the country, skate parks are currently one of the biggest things happening in recreational facilty development - Social Issues Parks &_Recreation, March, 2002 by F\aron spohn << _Pagel Continued from page 4. Previous I Next This approach probably isn't going to work everywhere. Even if the kids can handle it, it will take a certain kind of park administration to pull it off. Kathy Bartsch acknowledges that things could change and more controls might be necessary. But her concept of a free and open park certainly aligns with what we know of the attitudes of kids who use skate parks. In a skate park kids want a freestyle environment, not rules. They want to express their individuality, not be part of a team. They want to direct their aggression at mastering an obstacle, not toward another person. They want to enjoy the supportive camaraderie of their friends. This is not to say that the trend towards supervised parks with youth development programs necessarily runs counter to what kids want. If a city supervises in order to regulate park activities through restrictive rules enforcement in order to meet administrative agendas, as opposed to the users' interests, there's a good possibility that the kids will abandon the park and take to the streets again. If a city's motivation to supervise is to enhance the qualities that kids enjoy in their park and to enrich the experiences they pursue there, and if it is administered by people who can connect with and earn the respect of the users, then it will become a magnet for the community's youth and a truly successful skate park. For information on municipal park supervision requirements and planning, and options for supervision via public- private partnerships, contact Kirsten Bradford at Spohn Ranch Skate Parks, 15131 Clark Ave., Industry, Calif. Phone: (626) 330 -5803. Web site: www.spohnranch.com, cc, File: Message to Parks and Recreation - City Departments I File: SPAUSA is a national non profit organization that provides information to individuals and cities that are considering building a skatepark. Most information gets sent out to young skaters, free of charge across the USA information is al -.n supplied, free { charge, t tie d a_ :>i:NNu�. ia� of c��aiyc, W %it1CJ allU private individuals. It is important to work with professionals in the skatepark industry. There are no current building and safety codes available in the USA. SPAUSA is working with the best builders to develop some but until they are finished you have no controls. That means if you put it out to bid no one can check the work. Here are a couple of examples of what can go wrong: 1) The city of Barnstable Ma. (near Hyannis Port) just built 2 concrete bowls, valued at over $100,000, that are unskateable. After going through the whole process they contracted the job to an inexperienced crew, wh03 brushed' the finish of the bowls. At this point it does not look like anything can be done to correct it. 2) Concrete bowls were built in Colorado and drains were not installed. This could cause a drowning if someone were to fall in and the bowls will float if the water level rises. They are using pumps to drain them. -3) Many concrete parks have trouble With the transitinng Thig XA ill cause a hinher rate of inii ini You will have spent the money and not solved the problem. Why should you build a skatepark anyway? Why not? The truth is I have never heard a valid reason for not building a skatepark. Everyone talks about providing services for older youth but most of the time it is just that, talk. Anytime kids want to do something that does not involve drugs, gangs or criminal activity, we should support them. They are our future. The passage of BILL # AB 2487 has allowed local public agencies to build unsupervised skateparks and post signs requiring safety equipment to be worn while skatinq_. Unsupervised skateparks are are very popular with skaters but care has to be taken to build them in safe locations. If you do not have an ideal location you may want to consider a supervised park or partnering with a private skatepark or other youth group such as a Church, Boys & Girls Club or YMCA. You may need help with fund raising and there are some good sources available right now. Both Pepsi and Coke have been putting money into skateparks in exchange for the placement of vending machines. According to Andy Spencer (Pepsi) the program has been 'Wildly successful'. Local lumber yards and construction companies have been known to donate the building supplies and some of the labor. Other successful ideas include skate demos, concerts and donations. You may not understand this sport or the way that these kids dress but make no mistake, they are athletes and they are passionate about their sport. They will keep skating. It behooves you to provide safe places for them to practice their sport. ARE YOU CONTRIBUTING TO THE DELINQUENCY OF This is a three billion dollar a year industry! Adult industry and government are making money off these children. Think about it for a minute... Manufacturers market their product to the kids, it is advertised in the magazines and on TV, sold in the stores, government and cities collect sales tax from the stores and manufacturers and the child purchases his dream... helmet, pads, a skateboard or in -line skates and a couple of videos and the next thing you know he is arrested! The police write a ticket (usually same fee as jay - walking) and the city collects more fees and these kids get multiple tickets ._. ... then they get an attitude. They spend their days fleeing authority figures and they grow up on the streets. They are usually 10 -11 yr. old when they start. By the time they are 12 -14 yr. they are hard for the police to catch. These were not at risk youth when they started, they were little kids. Cities and municipalities have an obligation to their communities to provide safe places for their youth to skate. It is an investment in their future. When children are looked after and cared for by adults they grow up into responsible, caring adults. That is a known fact and that is why we have parks & rec programs. As responsible adults we cannot turn our backs on these kids. So what do we do now? " Designate land or a building for a skatepark: if you think that you don't have any to spare, ask me about the eminent domain act - a city can seize abandoned railroad land for their use - this land is quite suitable for skating needs. But you may need to do a feasibility study. " Get it approved... sometimes this is difficult... don't give up. " We have a list of qualified contractors and designers to help you build your park you will need anywhere from $25,000 - $250,000 depending on the size and design we can help you with almost anything including insurance! Some cities require that the youth raise some or all of the funds for the park. If your city has no funds and it has been your pattern to require the basketball or baseball players to raise the funds for their facilities then you may want to go that route. If however you have funded every other sport and now put your hands in your pockets, then I think you are being unfair and may be entering into some civil liberties issues. Ouch! Don't you hate it when I bring that up. Some cities partner with a private group, they provide the land /building and the group builds and manages the park. This can be a win /win situation. Your concerns would be that the park is affordable for the immediate neighborhood youth and you may have to work out something with the park to provide scholarships. You also need to be sure that the group is qualified to work with children. I would advise background checks for all staff and encourage the city to stay involved on some level. GOOD LUCK!!! Heidi Lemmon SkatePark Association USA 310 - 453 -7855 BY ADAM BOFFEY July 23, 2006 BRECKENRIDGE - Angus Morrison has grown accustomed to being surrounded by kids. As the local skateboard instructor gave closing remarks at his latest summer camp at the Breckenridge Rec Center on Friday, roughly a dozen youngsters listened attentively to the expert rider. Some of the avid pupils had not yet even been to kindergarten. The presence of local 5- year -old Noah Begley at Morrison's four -day camp was a telling sign that the popularity of skateboarding is increasing as it reaches younger demographics. "(Noah) started riding a two - wheeler at age 3 and he skis," Jill Begley said of her active son. "He's coordinated, so we figured he was ready." Ginger Ebbinghouse has worked at summer camps with Morrison for several years and has witnessed an increase in young children wanting to skateboard. She has also noticed a trend among the very youngest. "Usually at 5 and 6 they're pretty fearless," Ebbinghouse said. "When they fall, they get right back up. After they get to be 7 or 8, their fear seems to grow. I think they just realize more how much it can hurt when they fall." Falling, of course, is an inevitable part of skateboarding, which is where the safety equipr6ent cornes into play. "The first thing we show them is how to use their (knee and elbow) pads and helmets," Ebbinghouse said. "(The instructors) wear them too, to show the kids it's obviously the best way to keep yourself skating for a long period of time." Paula Wielinski, who brought her son, Joseph, on Friday as a drop -in participant, said Morrison's safety talk put her 8- year -old at ease. "(Joseph) was pretty reluctant at first after he saw other kids going off ramps," Wielinski said. "But Angus came up and said, 'Today, we're going to teach you how to fall correctly. You still might come away with a scrape, but you can avoid breaking bones.' I think that's a good fundamental starting place for a kid." Joseph Wielinski was not alone in his trepidation, according to fellow 8 -year old and Summit local Wyatt Dickerson. "The first time we dropped in (to the bowl), I didn't know how to do it," Dickerson said. "Angus just said follow the leader and went, so I went. It was kind of scary." According to Ebbinghouse, the advent of skate parks has helped increase the popularity of skateboarding, and Colorado as a whole has done a great job to support the growth of the sport. "Every little town in the state has a skate park now," she said. "I think people are glad to see (skateboarding) happening more in those areas rather than all over the place, so they're accepting it more." Morrison runs the Summit Skate Club, which helps young local riders experience the multitude of skate parks Colorado has to offer. The Summit Skate Club, which is open to 10- to -15- year -olds, travels to a different park each Monday. Destinations this summer have included Denver, Aspen and Carbondale. "People just have to sign up ahead of time at one of the rec centers," Morrison said. "The cost is $5 and we're gone for eight hours.... It's a grant - funded program - The Summit Foundation really hooked us up." One of Morrison's top priorities for the weekly outings is to ensure that Summit Skate Club members represent themselves positively wherever they go. "We go to different parks and pick up trash before we leave," Morrison said. "We try to set a good example for the local kids.... Sometimes it seems that skateboarding is lacking in positive role models. Too many people want to be the hard -core street Hessian." Skate club trips are limited to 12 kids per week. For more information, call (970) 547 -4333 Adam Boffey can be contacted at (970) 668 -4634, or at <fi-_r�fe; ag_r_irnicicil..r .cam, Distr. q@ Mtg. 0f:14LY -1 6, cc: cc: File: File: SKATE OR DIE, DUDE To the Editors of American Demographics: Do you have some demographic and psychographic information on kids who skateboard? Ann Rogers WVEU -TV New Orleans, La. Dear Ann: There's so much to tell you about skateboarders, I'm not quite sure where to begin. Let's start with the basics: According to market research firm American Sports Data, Inc. (ASD), there are 12.5 million skateboarders today, up an astounding 60 percent from 1999, when there were a mere 7.8 million of them on the nation's sidewalks and streets. It's no surprise that skateboarders are predominantly young and predominantly male. According to ASD, 85 percent of those who have used a skateboard in the past year are under age 18, of those, 74 percent are boys. For the sake of simplicity, we'll conduct our psychographic analysis on skateboarders who are 12- to 17- years -old and use data from Simmons Market Research Bureau's latest in -depth survey of 3,237 teens conducted from April 2000 to May 2001. Because there are often distinct psychological differences between casual skateboarders and die -hard board- heads, we will also differentiate between the 15 percent of teens who said they skateboard once in a while or sometimes and the 8 percent who said they skate every chance they get. At first glance, skateboarders seem to fall in line with what is deemed stereotypical of the skateboarding culture. According to Simmons, avid skateboarders (those who say they skate every chance they get) are significantly less likely than their peers to agree with the statement "I get along with my parents." While 74 percent of non - skating kids ages 12 to 17 and 70 percent of casual skaters of the same age say they get along with their parents, only 62 percent of avid teen skateboarders say the same. Perhaps that's because many skaters (69 percent of avid skaters and 56 percent of occasional board riders) say their ideas are "very different" from those of their parents; 45 percent of non - skateboarding teens feel their ideas are similarly divergent. But individualistic thinking doesn't necessarily translate into a slacker attitude so commonly assumed to be held by skateboarding teens. According to Simmons; teens who skate are just as likely as those who don't to say "it's important to work hard at school" and that they "enjoy going to school." They're also generally on par with other teens when it comes to seeking higher education: 86 percent of casual skaters and 83 percent of avid board -heads say they would like to go to college, compared with 86 percent of non - skaters who say the same. Whatever you do, don't call skaters confonnists. The survey suggests that many of today's trendsetters and early adopters may have been board -heads in their youth. Simmons reports that avid skaters are 32 percent more likely than the average teen to say they are always the first to try new things and 58 percent more likely to consider themselves experts in new technology. Indeed, skaters - casual and avid alike - are more likely than other teens to own a MiniDisc player, a Digital Compact Cassette player, a digital audio tape player and a pager or beeper. Furthermore, 52 percent of avid skaters say they are very stylish and 31 percent say they like to stand out in a crowd, compared with 45 percent and 24 percent, respectively, of all teens. And just where do skaters turn for the latest standout fashions? Specialty stores - not the mall - are the hiDDest DlaceS to find Skater marh Arrnrdinn to Rnarri -Trac a Trahnrn Canyon Calif. based research c:_M . _. .,.. �,.. �.., y...., �.w.�. uuacu �c >coi �i� mini specializing in marketing to young people who participate in board sports, 59 percent of skaters say they go to specialty stores when shopping for clothing, shoes and accessories, compared with 5 percent of all teens. Still, business at such stores must be good. Board -Trac reports that the typical teenage male avid skater spends about $95 a month on clothes, and the teen female avid skater spends even more: $109. Even on the halfpipe, women outspend the fellas. i aMA I the €sark ent©ats surraundi�gs. Be €cw left, the iur landsca€ a a€ . skIate eated by SITE Qes�gn in th �tt €s%ncis N ry u' �l ate!• hy-- . .h -xg �y "C a-re a, fit. -. ,4 i 3 j iP r r src it ri:n .f• c rx e L f (rJP �'4{t� A; `3GS �1 , It.t VW • R {S S µ, n3's 1 4 yS �•;�'t'k 4' s+ 3 � L .t_ Distr. @ Mtg. Of: cc: cc: File: File: TO: INTERESTED PARTIES U <E- ?o- RE: PUBLIC SKATE PARK FACILITY CONSULTING SERVICES z ° Ym � nN WORMHOUDT INCORPORATED— FIRM PROFILE 6 V roNm ohm u5 Many municipalities today are considering the development of public skate parks. Because this 0 6 °m form of recreational facility is so new, most public agencies do not have an established development plan. Basic issues such as liability, appropriate facility location and design, often m �m stall or stop projects from moving forward. 1- lowever, the demand for public skate parks is great E N C N and will only continue to grow. 1 hope the following information about Wormhoudt, �' v Incorporated's experience designing public skate parks may help you and your community in its 0 efforts to undertake this development. cl Wormhoudt Incorporated has been designing skate parks since 1974 and now specializes exclusively in public skate park facility planning and design. This specialization has given us the unique ability to provide skate park facility designs that skater's want, while fulfilling operational requirements. All of our park designs are based on skater input, safety, affordability, durability and environmental sensitivity. We are confident that through our design approach, and over 30 years of actual design and skating experience, we can assist you in developing a highly successful skate park facility. Please let me know if you have any questions or if 1 can provide you with any additional information. You can also visit us at: htt :/� /\v\ \v_skate )al rla.com Good luck with your project! Sincerely, 07ccr/�ai" (via email) Zachary A. Wormhoudt Principal Landscape Architect FIRM PROFILE Ken Wormhoudt established Wormhoudt Incorporated in 1963, providing landscape architectural services for the design of parks, schools, playgrounds, commercial projects, public projects and private residences. As a Landscape Architect with over 45 years of experience, Ken Wormhoudt is widely recognized as the pioneer of public skate park facility design and planning. Ken's user input based designs demonstrated his dedication to client needs and has set the standard for most public skate parks being built 'today. Upon Ken's death, his son Zachary Wormhoudt became the primary partner of the practice. Today, Wormhoudt Incorporated continues to take pride in being a full service professional practice committed to the sound principles of environmental planning, personalized service, and innovative cost effective design solutions. Wormhoudt Incorporated first became involved in the field of skate park facility design and planning in 1973. The City of Santa Cruz, California contracted with our office for the master plan of a community park (Derby Park), and a skating facility was part of the proposed program. Utilizing input from local skaters for the design, a plan was created and the park was built. Today Derby Park is still heavily used, and is one of the nations oldest public skate parks. Since Derby, Wormhoudt Incorporated has become consistently more involved in the field of skate park design and planning. As with the sport of skating, park designs, construction plans and construction materials have gone through extreme evolution. Our office is proud to provide services that include, site selection, design and planning, construction document preparation and construction observation proven to ensure the long term success of skate park facilities for both operation and use alike. SKATE PARK ]FACILITY EXPERIENCE AND DESIGN APPROACH Wormhoudt Incorporated has designed over fifty skate park facilities that are in use throughout the nation. Presently, Wormhoudt Incorporated is working on the designs of many other skate park facilities to be built throughout the nation. All of the skate parks have been built, or are going to be built, by cities within new or existing public parks. All of the skate parks are constructed of concrete, but differ from each other, reflecting the requests. of the various skaters that we have worked with in each community. For most projects, the planning and design process begins with determining a location for the proposed facility. This phase of planning is critical and will heavily influence the overall success of the project. Wormhoudt Incorporated has assisted over four hundred public agencies in evaluating sites for the location of permanent skate parks. In most cases, the site selection process includes evaluating the physical, social and demographic opportunities and constraints specific to each available site. The process often involves several community meetings to gather information and to present our findings and recommendations. Once a site has been selected and the other parameters (size, available budget, related site improvements i.e.; parking, restrooms etc.) for the project have been established, the design of the skate park begins. The design process is based on input gathered through a series of public workshops. The first public workshop serves to introduce the project to skaters and any other interested members of the public. After introducing the project, we show a power point presentation that outlines the entire process of designing and building a public skate park. Then we provide modeling clay and drawing tools for the skaters so that they can create the features they would like to have in their park. Public Work Shop / Modei / Construction This process provides us with an opportunity to discover the skater's likes and dislikes about a proposed park design and to show them the limitations they may have to accept concerning costs and safety factors. After the skaters have created their features for their park, our office constructs an electronic model of the proposed park, incorporating their features into the model. Once the model is complete, a second workshop is conducted to present the proposed design to the skaters and Project Staff for review and approval. Upon approval of the model, our office then prepares the plans and specifications for the construction of the skate park. The construction documents are sent to Project Staff for review, and after a Contractor is selected, our office provides site visits to observe the installation work and to ensure that the facility is being constructed as specified. Louisville, Kenluckv RESUME OF PRINCIPAL AND PROJECT TEAM Zachary A. Wormhoudt, Principal and Project Manager Zachary Wormhoudt is a licensed Landscape Architect in the following states: CA, ID, KY, MI, UT, WA. Zachary Wormhoudt has a Bachelor of Science Degree in Landscape Architecture from California State Polytechnic University, San Luis Obispo. Mr. Wormhoudt has served as senior designer for Wormhoudt Incorporated for the past ten years and now manages; project design, document preparation and construction observation. Mr. Wormhoudt has been an avid surfer for over twenty years and has surfed professionally for over twelve years. He has been recreationally skating for twenty -four years and enjoys snowboarding and mountain biking. Charles J. Prograce, R3CE, Registered Civil Engineer No. 68222 — CA Licensed Contractor No.793683 Charles Prograce has a Bachelor of Science degree from California State University Fullerton in Civil Engineering. Mr. Prograce has obtained his E.I.T. certificate and is actively pursuing his P.E. License. Mr. Prograce applies 13 years of professional CADD experience and an unrivaled attention for detail to create all of our 3D presentations and has set the standards for the preparation of our construction documents. Mr. Prograce is also a licensed builder of wood skate features, which we use exclusively for prototype development. He believes in the philosophy of skate parks by skaters, for skaters. Thomas Paffel, Skate Park Designer, Model Builder As with the rest of our design team Mr. Paffel is an avid skater with over 25 years of skating and skate park design experience. Committed to the pursuit of creative solutions to the most difficult skate park construction problems, Mr. Paffel is our valued design consultant and scale model builder. Errol Griffin, Skate Park Design Consultant Mr. Griffin brings 30 plus years of direct experience skating pools and skate parks to the design team. Maintaining a practical understanding of skater's needs and abilities, Mr. Griffin assists with design development and construction support services. The project team incorporates a dynamic understanding of public skate park facilities and the public planning process. Together, the team will work to ensure community participation for the diverse activities that will be part of the project. The project team represents a service oriented attitude and intense personal interest in the successful design of a facility for activities they actively pursue in their spare time. DIRECT EXPERIENCE The following is a list of public skate parks now in use that Wormhoudt Incorporated has designed. The facilities are listed by; location, name of the contact person, phone number, facility size, and construction cost. Please note: * indicates the use of in -kind services. (Donated materials and /or labor) Santa Cruz, California Jim Lang: Director of Parks 831 -420 -5270 Size: 4000 square feet Cost: $25,000 Built: 1976 Palo Alto, California Dawn Calvert: Recreation Supervisor 650- 463 -4906 Size: 9,000 square feet Cost: $96,000 Built: i 9005 Santa Rosa, California Bill Montgomery: Director of Parks 707 -543 -3271 Size: 17,000 square feet Cost: $110,000 Built: 1994 Napa, California Heather Stanton: Director of Parks 707 - 257 -9529 Size: 8,000 square feet Cost: $50,000* Built: 1995 Yuba City, California Yucca Valley, California Jim Schooler: Director of Community Services 619- 369 -7211 Size: 7,500 square feet Cost: $50,000 Built: 1995 Pleasanton, California Mike Fulford: Assistant Director of Parks 510- 484 -8050 Size: 8,000 square feet Cost: $49,000* Built: 1995 Templeton, California Yuba City, California Steve Dutchler: Public Works 916- 822 -4226 Size: 14,000 square feet Cost: $140,000 Built: 1996 Carson City. Nevada John Berkich, City Manager 702 - 887 -2100 Size: 11,500 square feet Cost: $125,000 Built: 1997 Bend, Oregon Carrie Whitaker, Executive Director 541-389-7275 Size: 11,500 square feet Cost: $80,000* Built: 1997 Arcata, California Karen Diemer: Director of Parks 707- 822 -7091 Size: 10,000 square feet Cost: $70,008 Built: 1997 Vancouver, Washington Dan George: Urban Parks Manager 360- 696 -8189 Size: 12,000 square feet Cost: $163,000 Built: 1998 Petaluma, California Jim Carr: Director of Parks and Recreation 707 - 778 -4380 Size: 14,400 square feet Cost: $ l 31,000 Built: 1996 Wenatche, Washington Gene Anderson: Project Manager 509- 662 -5187 Size: 11,500 square feet Cost: 80,000* Built: 1996 Milpitas, California Carol Randisi: Senior Park Supervisor 406 - 943 -2465 Size: 8,700 square feet Cost: $65,000 Built: 1996 Salinas, California Hanford, California Mickey, Stoddard: Recreation Manager 209 -585 -2529 Size: 9,200 square feet Cost: $118,000 Built: 1998 Los Banos, California Joe Souza: Director of Public Services 209 - 827 -7034 Size: 6,000 square feet Cost: $80,000 Built: 1998 Wasilla, Alaska Kaye Sloan: Recreation Manager 907 - 376 -9053 Size: 12,500 square feet Cost: $170,000* Built: 1998 Ventura, California Rob Duboux: City Engineer 805- 654 -7821 Size: (3 parks) 3,200, 3,200 & 3,000 square feet Cost: $120,000 Built: 1998 Camarillo, California Jon Williamson: General Manager 805- 482 -1996 Size: 12,500 square feet Cost: $159,000 Built: 1998 Indianapolis, Indiana Gilroy, California Bill Headley: Facilities and Parks Manager 408 -846 -0450 Size: 10,000 square feet Cost: $180,000 Built: 1999 Midland, Michigan Salinas, California 4 Y a 989 - 839 -9661 831- 758 -7209 Size: 15,000 square feet Size: 15,000 square feet Cost: $250,000* Cost: $234,000 Built: 1999 Indianapolis, Indiana Gilroy, California Bill Headley: Facilities and Parks Manager 408 -846 -0450 Size: 10,000 square feet Cost: $180,000 Built: 1999 Midland, Michigan Salinas, California Denise Spencer: Director, Midland Foundation Ed Piper: Park Planner 989 - 839 -9661 831- 758 -7209 Size: 15,000 square feet Size: 15,000 square feet Cost: $250,000* Cost: $234,000 Built: 1999 Built: 1999 Indianapolis, Indiana Donald A. Colvin Jr.: Principal Planner 317-327-7031 Size: 15,000 square feet Cost: $420,000 Built: 1999 Pacifica, California Sonoma, California John Gurney: Chief of Police 707- 996 -3602 Size: 12,400 square feet Cost: $161,000* Built: 1999 Rocklin, California Mark Riemer: Director Community Services 916- 632 -4100 Size: 8,000 square feet Cost: $160,000 Built: 1999 Truckee, California Steve Randall: General Manager 530 -582 -7720 Size: 10,000 square feet Cost: $167,000* Built: 1999 Chico, California Dennis Beardsley: Director of Parks 530- 895 -4972 Size: 10,000 square feet Cost: $I 10,000 Built: 1999 Healdsburg, California Pat Warner: Project Manager 707 - 433 -9283 Size: 20,000 square feet Cost: $335,000* Built: 2000 "Templeton, California William Van Orden, General Manager 805 -434 -4900 Size: 10,000 square feet Cost: $215,000 Built: 2000 llollister, California David Rubeic, City Engineer 831- 636 -4340 Size: 8,000 square feet Cost: $219,000 Built: 2000 Antioch, California Dave Sanderson: Project Manager 5110- 778 - '1'158 Size: 15,000 square feet Cost: $240,000 Built: 2000 Healdsburg, California Livermore, California Rich Lange, Senior Recreation Supervisor 925 -373 -5710 Size: 11,000 square feet Cost: $269,600 Built: 2000 Truckee, California Auburn, California Alain Grenier, District Administrator 530- 885 -8461 ext. 11 Size: 15,000 square feet Cost: $224,000* Built: 2000 Ogden, Utah Annette Cottle: Recreation Manager 801 - 629 -8253 Size: 12,000 square feet Cost: $167,000 Built: 2000 Santa Cruz County, California Gary Carlson: Park Planner 831- 454 -2466 Size: 4,000 square feet Cost: $45,000 Built: 2000 Grass Valley, California John Payne, Project Manager 530 -272 -2500 Size: 23,000 square feet Cost: $170,000* Built: 2001 Traverse City, Michigan Tim Schreiner, Director of Parks Recreation 213 -922 -4818 Size: 15,000 square feet Cost: $315,000 Built: 2001 Twin balls, Idaho Dennis Boyer, Director Parks and Recreation 208 -736 -2265 Size: 10,000 square feet Cost: $170,000 Built: 2001 Louisville, Kentucky Martha Berner, City Landscape Architect 502- 456 -8135 Size: 80,000 square feet Cost: $1,760,000 Built: 2002 Novato, California Michael Hanlon, City Engineer 415- 897 -4330 Size: 14,000 square feet Cost: $318,000 Built: 2002 Huntington Woods, Michigan Tony Lehmann, City Manager 248 - 541 -4300 Size: 6,000 square feet Cost: $170,000 Built: 2002 Grass Valley, California Cameron hark, California Bob Gilbert, Recreation Supervisor S30-677-2231 Size: 12,000 square feet Cost: $270,000 Built: 2001 St. George, Utah Lynne Scott, Parks Superintendent 435 -634 -5869 Size: 15,000 square feet Cost: $227.000 Built: 2001 Midland, Michigan Greenfield, California John Alves: City Project Manager 831 -674 -2635 Size: 11,000 square feet Cost: $247,000 Built: 2002 Bay City, Michigan Brian Berthiaume: Project Manager, Bay City P.D. 989 -892 -5900 Size: 17,000 square feet Cost: $430,000 Built: 2002 Redwood City, California Christopher Beth, Superintendent of Recreation 650- 780 -7253 Size: 13,000 square feet Cost: $364,000 Built: 2003 Martinez, California Dave Kitia, Chief of Police 925- 372 -3445 Size: 10,500 square feet Cost: $323,000 Built: 2003 Poway, California John Smith, City Engineer 858- 679 -4222 Size: 14,400 square feet Cost: $417,600 Built: 2003 Sunnyvale, California Scott Morton, Parks Supervisor 408 -730 -7596 Size: 18,000 square feet Cost: $436,000 Built: 2003 San Jose, California Loren Rundle, Landscape Architect 408 -794 -1300 Size: 5,500 square feet Cost: $148,000 Built: 2003 Moraga, California Karen Alley, Director of Recreation 925 -63'1 -6842 Size: 9,000 square feet Cost: $255,000 Built: 2003 Novato, California Windsor, California Mr. Paul W. Wade, Senior Civil Engineer 707 - 838 -5344 Size: 15,000 square feet Cost: $296,000 Built: 2003 San Lorenzo Valley, California Barry Samuel, Director of Santa Cruz County Parks 831- 454 -7900 Size: 8,500 square feet Cost: $255,000 Built: 2003 Louisville, Kentuchy Folsom, California Jim Simpson, Park Planner— Landscape Architect 916 - 355 -7249 Size: 21,000 square feet Cost: $430,000 Built: 2003 Oxnard, California David Gorcey, Park Development Supervisor 805- 385 -7962 Size: 15,000 square feet Cost: $275,000 Built: 2004 Marina, California Charles E. Johnson, P.E. Director of Public Works 805- 385 -7962 Size: 11,000 square feet Cost: $375,000 Built: 2004 Charlotte, Michigan Bryan Mrykle, Community Development Director. 517 -543 -8853 Size: 13,000 square feet Cost: $299,000 Built: 2004 Elk Grove, California David Wigginton, Parks Administrator 916- 685 -6920 Size: 11,000 square feet Cost: $225,000 Built: 2004 Willits, California David Madrigal, Public Works director 707- 459 -4605 Size: 18,000 square feet Cost: $462,000 Built: 2004 Penwith, United Kingdom Claire Foxford, District Council 11- 441 - 884 - 825786 Size: 9,000 square feet Cost: 111,000 pounds Built: 2004 Marina, California Pacifica, California Mike Perez, Recreation Supervisor 650- 738 -7389 Size: 14,000 square feet Cost: $434,000 Built: 2005 Oxnard, California Scotts valley, California Ken Anderson, Director of Public Works 831 -438 -5854 Size: 20,000 square feet Cost: $514,000 Built: 2004 Richland, Washington Phil Pinard, Parks and Recreation 509- 942 -7463 Size: 20,000 square feet Cost: $416,000 Built: 2004 Los Osos, California Mark Wilwand, Capital Projects Coordinator 805-781-4395 Size: 17,000 square feet Cost: $524,000 Built: 2005 Menlo Park, California Dirk Alverado, Recreation Supervisor 650 - 330 -2245 Size: 14,000 square feet Cost: $370,000 Built: 2005 lone, California Janice Traverso, City Administrator 209 - 274 -2412 x102 Size: 7,500 square feet Cost: $224,835.45 Built: 2005 ; Marina, California Pacifica, California Mike Perez, Recreation Supervisor 650- 738 -7389 Size: 14,000 square feet Cost: $434,000 Built: 2005 Oxnard, California Scotts valley, California Ken Anderson, Director of Public Works 831 -438 -5854 Size: 20,000 square feet Cost: $514,000 Built: 2004 Richland, Washington Phil Pinard, Parks and Recreation 509- 942 -7463 Size: 20,000 square feet Cost: $416,000 Built: 2004 Los Osos, California Mark Wilwand, Capital Projects Coordinator 805-781-4395 Size: 17,000 square feet Cost: $524,000 Built: 2005 Menlo Park, California Dirk Alverado, Recreation Supervisor 650 - 330 -2245 Size: 14,000 square feet Cost: $370,000 Built: 2005 lone, California Janice Traverso, City Administrator 209 - 274 -2412 x102 Size: 7,500 square feet Cost: $224,835.45 Built: 2005 The following list identifies municipalities that Wormhoudt Incorporated currently has active contracts with for skate park facility design and planning services: Half Moon Bay, CA* Santa Cruz City, CA* Honolulu, III* Benicia, CA* Tel Aviv, Israel Eureka, CA* Venice Beach, CA Morro Bay, CA Saginaw, Ml Cayucos, CA Sebastopol, CA* Boston, MA San Jose, CA San Juan, PR Kapolei. 1-11 Note: *indicates contracts that are complete through construction documents and are currently out to bid, or under construction. Wormhoudt Incorporated maintains a consistent workload by balancing our production with large and small projects. Our ability to deliver projects that satisfy client needs and expectations can be verified by any contact person identified in the completed project list. RELATED EXPERIENCE • Wormhoudt Incorporated has written the skate park facility design and safety standards adopted by the Public Agency Risk Sharing Authority of California. • Wormhoudt Incorporated has provided skate park facility planning and design consulting services for over 480 municipalities throughout the world. SKATE PARK FACILITY DESIGN AWARDS • Outstanding Facility Award - California Park and Recreation Society - Hanford CA • Excellence in Urban Design Award - Community Pride Design Award, WA - Vancouver, WA • E.H.A. Parks Excellence Award - Nevada Recreation and Parks Society - Carson City, NV • Outstanding Achievement in Concrete Award -- American Concrete Institute - Indianapolis, IN • Award for Excellence - Concrete Skate Park Design - Skate Park Association, USA • Skate Park of the Decade Award - Concrete Skate Park Design - Skate Park Association. USA • Award for Excellence - Skate Park Design - California Parks & Rec. Society - Redwood City, CA • Achievement Award - Facility Design - California Parks & Rec. Society - Folsom, CA • Outstanding Design - State of California Counties - District V111 - Oxnard, CA • Project of the Year Award - Structures - American Public Works Association - Oxnard, CA TYPICAL SERVICES SITE EVALUATION Many projects begin with the process of selecting a site for the proposed skate park. The goal of the site selection process is to determine the available sites for the project and select a site that will satisfies the site selection criteria. The criteria usually include physical, social, and economic factors that will influence the short and long- term success of the project. Several Project Staff and community meetings typically accompany this process. DESIGN DEVELOPMENT Review of the site, organization of reference documents, and Project Staff meetings are the typical first steps of the design development process. Once the primary design criteria have been established a series of interactive public workshops are conducted. The workshops are intended to allow for a hands on design development process between the design team, future park users, and any members of the community interested in the project. Utilizing the information gathered from the first public workshop, the. relevant base data, and our ideas; a design (three - dimensional computer scale model) for the proposed skate park and related site improvements is prepared. The design is then presented back to the public at a second public workshop. The public is invited to comment and critique the design with the goal of reaching a final design that has community support and meets the requirements of the project. After a consensus has been reached a final design, construction material type and quantity estimate, and cost estimate are prepared. For many communities the rendering of the proposed skate park, material estimate, and cost estimate are used to promote the project and assist with obtaining project funding. CONSTRUCTION DOCUMENTATION Upon approval of the proposed design and written direction to proceed, construction drawings and technical specifications are prepared for the project. Construction drawings include layout plans, grading and drainage ntan¢ anal ennQt —ot ;— detail$ The techliic�l 'r- - +:--- '.J„ 'sa.,... ' - � r- ^ -••�> •- al speci'At�.MIUJJ� PIVY) l- wrltt0lJ inJtrijcbons and proGCdures for the installation of the various elements shown on the drawings. • Construction Documents are submitted to the client at various stages of completion for review and approval. • Construction Documents are available in electronic and hard copy formats. • Construction Documentation typically includes preparing a Final Estimate of Construction Cost. • Structural Calculations are available for most projects. CONSTRUCTION ASSSITANCE Construction assistance services typically begins with support during the bidding process including: • Bid document assistance; prequalification language, contract period allowance, etc. • Providing a list of qualified Contractors with skate park construction experience. • Preparation Addenda and response to Requests for Clarification as determined appropriate by the Owner. • Review and evaluation of bids. During construction services typically include: • Review and respond to Requests for Information, Change Orders, Product Submittals, and Shop Drawings. • Preparation of Supplemental Instructions. • Attending construction meetings. • Providing on site Construction Observation. • Preparation of Field Reports and a Final Punch List. • Providing recommended maintenance and cleaning manual. SCHEDULE The following schedule identifies the typical time anticipated to complete each Phase identified in the Scope of Services_ Design Development: completed in four to six weeks from date of the first public workshop. Construction Documentation: completed in six (6) weeks. Construction Assistance: completed as contracted. COST AND COMPENSATION An P3tim -,-- -- fnr a S1Cat° park --, by a �C,iir8ctvr (awardcu the protect via pUb11G blddlll��, .-- lclud)ng material, labor overhead and profit typically ranges from $25 -35 per square foot. These figures represent an average construction cost, actual construction figures will vary with site conditions, time of year the project is built and local building material costs, etc. The fee for services performed by Wormhoudt, Inc. varies depending on the specific scope of services, size of the facility being designed and the location of the project. Please call for a project specific fee quotation. ADDITIONAL INFORMATION The following site information will be needed before the development of the preliminary design: • A survey of the site showing existing conditions including property lines, utilities, grades, contours, plant materials, etc. • A project specific Geotechnical Investigation of the selected site, indicating the type of soil, the depth of the water table and providing construction design recommendations. ®istr. @ Mtg. ®f: l 1` /� y / 0 Le cc: P. €� cc: A k� , 4. File: File: Skateboarding is one of the fastest growing sports in the world. It's also one of the most enjoyaii eany skateboarder and they'll tell you about the "rush" or the "high" and how skateboarding is an integral part of their life. Some skateboarders ride in the streets, grinding rails and jumping stairs, while others spend time carving the ever - growing number of skateparks. Others prefer a long, winding downhill. Skateboarding also is growing among the cruiser set — men, women, boys and girls who skate from here to there along the sidewalks and around town. 1 jS1 Y�F 1,,,� IS THE jfVP jS I j z Board -Trac pegs annual sales volume for 2004 at about $5.2 billion. Board -Trac surveys the consumer (skateboarders). A Leisure Trends Group's report pegs the core skate retail industry at about $2.41 billion. A "Core" retailer, as defined in the report, excludes sporting goods stores, department stores and specialty chains. But no matter how you look at it, the skate segment is on the rise. • In 2001, there were 10.3 million skateboarders in the U.S. In 2005, there are nearly 12 million. (Board -Trac) • Skateboarding is one of the fastest growing sports among females. Female participation doubled from 2001 to 2004. Females now make up 15% of skateboarders. (Board -Trac) • Skateboarding had the sixth highest increase in participation in 2004 vs. 2003. ( National Sporting Goods Association) • The number of skateparks is estimated to be 1,B00, up from 200 in 1996. In California, the number of skateparks began to boom in the late 1990s, coinciding with a new IASC- driven state law that designat- ed skateboarding as a "dangerous and hazardous sport," which offered cities some immunity frorn lawsuits. (Concrete Disciples, IASC) • The average skatepark is about 10,000 sq. ft. and costs roughly $25 to $30 per sq. ft. The trend is toward larger skateparks. (Tony Hawk Foundation, Skatepark Association of the United States of America, IASC) iy C ACCOMPLISH ENTS Go Skateboarding Day June 21, IASC's annual push to get everyone on a skateboard, was even bigger than the inaugural 2004 event. Skateboarders were out in force in cities around the globe. A sampling of the media that covered the event included: the New York Times, Houston Chronicle, the Oregon Register Guard and Fuel TV. This year IASC Scnt IN Id ardeiS to SCIt slid to skate camp. IASC donated $2,500 in scholarships to the Patrick Kerr Foundation. IASC presented $2,500 to the Tony Hawk Foundation. IASC held its first Casino Night Fundraiser at Vans in Orange. Of the funds raised, $3,000 will be used to send six to 10 kids to skateboard camp. IASC is set to publish a Skatepark Development Assistance Guide, a handbook on how to build a skatepark from start to finish. IASC added about 20 new members this year and now has 80 members. IASC added new service providers offering more savings for members. }� m 'j.J r' ,,j�S r ".. ®istr. @ Mtg. ®f: l 1` /� y / 0 Le cc: P. €� cc: A k� , 4. File: File: Skateboarding is one of the fastest growing sports in the world. It's also one of the most enjoyaii eany skateboarder and they'll tell you about the "rush" or the "high" and how skateboarding is an integral part of their life. Some skateboarders ride in the streets, grinding rails and jumping stairs, while others spend time carving the ever - growing number of skateparks. Others prefer a long, winding downhill. Skateboarding also is growing among the cruiser set — men, women, boys and girls who skate from here to there along the sidewalks and around town. 1 jS1 Y�F 1,,,� IS THE jfVP jS I j z Board -Trac pegs annual sales volume for 2004 at about $5.2 billion. Board -Trac surveys the consumer (skateboarders). A Leisure Trends Group's report pegs the core skate retail industry at about $2.41 billion. A "Core" retailer, as defined in the report, excludes sporting goods stores, department stores and specialty chains. But no matter how you look at it, the skate segment is on the rise. • In 2001, there were 10.3 million skateboarders in the U.S. In 2005, there are nearly 12 million. (Board -Trac) • Skateboarding is one of the fastest growing sports among females. Female participation doubled from 2001 to 2004. Females now make up 15% of skateboarders. (Board -Trac) • Skateboarding had the sixth highest increase in participation in 2004 vs. 2003. ( National Sporting Goods Association) • The number of skateparks is estimated to be 1,B00, up from 200 in 1996. In California, the number of skateparks began to boom in the late 1990s, coinciding with a new IASC- driven state law that designat- ed skateboarding as a "dangerous and hazardous sport," which offered cities some immunity frorn lawsuits. (Concrete Disciples, IASC) • The average skatepark is about 10,000 sq. ft. and costs roughly $25 to $30 per sq. ft. The trend is toward larger skateparks. (Tony Hawk Foundation, Skatepark Association of the United States of America, IASC) iy C ACCOMPLISH ENTS Go Skateboarding Day June 21, IASC's annual push to get everyone on a skateboard, was even bigger than the inaugural 2004 event. Skateboarders were out in force in cities around the globe. A sampling of the media that covered the event included: the New York Times, Houston Chronicle, the Oregon Register Guard and Fuel TV. This year IASC Scnt IN Id ardeiS to SCIt slid to skate camp. IASC donated $2,500 in scholarships to the Patrick Kerr Foundation. IASC presented $2,500 to the Tony Hawk Foundation. IASC held its first Casino Night Fundraiser at Vans in Orange. Of the funds raised, $3,000 will be used to send six to 10 kids to skateboard camp. IASC is set to publish a Skatepark Development Assistance Guide, a handbook on how to build a skatepark from start to finish. IASC added about 20 new members this year and now has 80 members. IASC added new service providers offering more savings for members. cc: cc: File: File: Contacts John Bernards Executive Director of the International Association of Skateboard Companies. Phone: (949) 589 -8863. e -mail jkrna,rds ri_iasc.or <� David Madrigal City of Willits Public Works Director (707) 459 -4605. e -mail .com Dan Hubley Executive Director Of the Rohnert Parks Boys and Girls Club (707) 321 -6779. e -mail cihublevie-ticomcast.net Bart Bloomberg Owner Gone Surfing 665 - 0100x205 e -mail Bart(�u�onesurtin .conr Heidi Lemmon Director Skate Park Association of the United States of America (3 10) 453 -7885. e -mail 1_leidia rr- sfr�us<i.org Guy Miller Rohnert Park Recreations Dept. 588 -3475 e -mail 11 *IIcr(�i,)r)cit�oI" Teri Dutra City of Cotati Parks and Recreation Department. 792 - 4600 x640. e -mail Wu Ui (i)ci.cotati.or_; Zachary A. Worrnhoudt Skateparks.com 831 426 -8424 e -mail admin @skateparks.com Skyler Page Representative of Northstate Playgrounds (877) 473 -7619 e -mail skyler ((iJnor-thstateplay (,rounds.com Sonja California Amateur Skateboard League. CASL e -mail caslusl�iiearthlinl <.net phone 909 883 -6176. Office hours Monday through Friday 1 to 4pm. - - -- Sara Sanders Program coordinator for Sacramento Skate Park. e -mail ss fsacramento.org 1 -916 919 -5795 Cindy Peterson Rohner park Pros committee 321 -9145. 0 U. 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LM v O z 3N ;° c.3 '3 (.c o/v� i e o��� c�a L Qi R = O E -(ov p E .� R �i as = tm m i C to > E E > ° :n CL L R _ Q U- p w t� U ch .c N 0 E -c r- -Fu >- 4-d c Q) 75 4- 0 _0 _ 0 .- 4-J fu 6 U u 0 ro U 4-5 D _0 4-) ru ru Q) > 0 4-J m -0 U (D 0 0 :T--; >. ru :3 0 o 0 C ro 0) Q) o V) Q) -0 Q) " U (1) Q) > v) E Lr) 0 . 0 ru F- 0 0 E c) -r 0 CL ry) _0 V) 4-J Q) 0) ro 0 0 - Ln ra m 0 E r CS Ln V) 4-, M Q) 4-J tn O 4-J u o u m ru > 0- u w -0 u Lu > Q) .. s r ca iII 3 - � L LL BE a� a =o Q LLi L •L = O a �.� R U O IA iL (� u0i�IAsMmL)Luva Rohnert Park City Council Meeting ( Distr. @ Mtg. Of: /L' cc: cc: File: In California, the dental health problem is a "silent ep ckmk- �� times more common for children to have oral health problems than asthma. It is a big problem, yet it is almost entirely preventable with inexpensive measures. California must make significant improvements in oral health during the next 4 years for the State to meet the Healthy People 2010 goals. Research has proven that the effective way to take on the problem of oral health is to approach it in a "lifespan" perspective — from pregnancy to birth, from childhood to adulthood. Oral health should be considered an integral part of the general health care delivery system because it is an important component in every person's quality of life. Education and public awareness is where we begin. ]Dental Policies that the City of Rohnert Park can adopt. 1. Support Community Water Fluoridation A new statewide assessment by the Dental Health Foundation was released in February 2006. This report stated that about one in four children across the state suffer from untreated tooth decay. Community water fluoridation has been endorsed by numerous public health and professional organizations, including the American Dental Association, the American Medical Association, the American Association of Public Health, U.S. Public Health Service, and the World Health Organization. Community water fluoridation is the most cost effective way to prevent tooth decay. Dental sealants can prevent 80% of dental caries in youths. The combination of fluoride use in the form of oral tablets or toothpaste improves oral health for both children and adults. However, the majority of Sonoma County still does not have access to fluorinated drinking water. The only city with fluoridated water in Sonoma County is Healdsburg. We need to have fluoride in our drinking water. How much does it cost to fluoridate a community =s water? The cost per person of fluoridation varies by the size of the community. The average cost of providing fluoridated water to communities with more than 20,000 residents is about 50 cents per year. CDC National Oral Health Surveillance System !M: / /www.ede.pov /nohss /guideFL.htm 24 October, 2006 Rohnert Park City Council Meeting 2. Increase in Community Resources Sonoma County has community resources that support oral health care but these resources are limited to about 200 private practice dentists, five community health /dental clinics, one mobile dental van, and a dental clinic at Indian Health Services facility. There is lack of specialists that accept Medi -Cal insurance. Most of health centers have long waiting lists, and transportation poses a significant barrier to those who are referred to UCSF in San Francisco, or Children's Hospital in Oakland for pediatric oral care. The recent announcement of the opening of a Santa Rosa dental surgery center this summer, the Pediatric Dental Initiative (PDI), is a great addition to our community. The Pediatric Dental Initiative clinic will cater to those who have special needs or are disabled. Sonoma County should investigate and replicate successful county - administered clinics in operation (e.g. Santa Cruz). 3. School ordinance that will promote healthy habits for children School oral health programs can influence over 1 billion children worldwide. These programs reinforce oral health education and healthy lifestyle practices for school children of all ages - "the most influential stages in children's lives, during which lifelong beliefs, attitudes, and skills are developed." The 1 -..- ITealth --r, 'uz Ll 11 kl WHO) rccommenda schools develop broad policies that address oral health issues create a sustainable policy process that is adaptable to changing social, political, and economic situations. To follow the WHO recommendations, what can we do in our schools? Advocate dietary changes to reduce the amount of sugar and increase the nutrient rich foods in snacks, cafeteria lunches, vending machines, and educating students on the importance of nutrition. • Utilize and encourage the use of water fountains and potable tap water with fluoride. The convenience of bottled water is on the rise; encourage the use of bottled water that contains fluoride while discouraging the consumption of soda. • Teach proper oral hygiene as part of Health and Science curriculum. Include exercise, diet, and self esteem program activities for children. 2 24 October, 2006 Rohnert Park City Council Meeting • Encourage the use of helmets, mouth guards, and facemasks in preventing oral — facial injuries in karate, judo, and other martial arts, and the use protective equipment in other sports. ® Provide programs to teach children about cigarette and tobacco use, alcohol consumption, drug use, and its prevention. Providing children who might not have health insurance with health coverage improves the quality of their lives. These children "do better in school, feel better physically, and get along with their peers." 4. Develop a central information center a. This type of center should be in a central location where dissemination of information is effective such as libraries, government buildings, senior citizen halls, local newspapers or newsletters. According to the study of the Maternal, Child, Adolescent Health Program (MCAH) of Sonoma County — of the 112,000 children under age 18; an estimated 8,000 are uninsured. About 5,330 uninsured children of these 8,000 are eligible for either Medi -Cal or Healthy Families but did not apply for such benefits. One third or 2,670 are not eligible for public health insurance. b. Hosting of Health Fairs once a year for the community. i. Invite all community resources: Health & allied professionals to provide public education and public service ii. Invite social workers to be part of the team — sign up residents who are otherwise eligible for public benefits. Include government agencies in providing information concerning offices & services. c. Classes should be provided in collaboration with the community resources such as: health and allied professionals, environmentalists, volunteers, teachers, businesses etc... that foster education healthy habits and lifestyles... towards finally achieving the goal of a healthy community. Thank you for your time. CITY COUNCIL SPEAKER CARD - 0 CW Date: Address: �! �j'°I —D Phone TOPIC: / Brief Summary omments: v h See Reverse –> October 23, 2006 Rohnert Park City Council 6750 Commerce Blvd Rohnert Park Ca 94928 Dear Rohnert Park City Council: Distr. a@ Mtg. ®f: cc: cc: File: File: On behalf of myself and three neighboring properties at 1054, 1055, 1060 and 1061, Camino Coronado we would like to ask the City Council to put in place some kind of plan to eliminate the constant graffiti attacks on our homes. It is a problem that has been going on for years and most recently has become almost a daily event. I have included a photo collection of just the last two months for your review While the city's public works department comes out and covers the graffiti with spray paint it is not the solution. There are several wide openings between the existing shrubs that allow students from the nearby, continuation school the opportunity to quickly put a tag on the houses on their way to and from school, I have asked the department of public works to replant the landscaping where it has expired for two years with no results. Last year I spent over $4,000 dollars to have my house painted and the contractor did a very satisfactory job. The city on the other hand has just done a cover up job that is unacceptable, many of the old tags are still visible through the covering paint, there are numerous runs and blotches on that wall, which if my contractor had done I would not have paid him. Recently the police department set up a surveillance camera and did identify two students tagging my house. The camera was in place for a week, however some of the tapes expired before the detectives could return to replace them. During that week my house was tagged approximately 15 times, 1060 was tagged once with a large spray paint saying "Champ ". The color of paint used by the city on my house is a match in tone but not in quality. The cover up colors on the other three homes is not close to a match at all. Another concern to all of us is the maintenance, or lack of, the landscaping and pathways. When the landscaping is rarely pruned, most of the cuttings are left behind the shrubs near the property walls creating an already vulnerable fire hazard. The dead cuttings and dry grass is not cleaned out, I have done it myself on several occasions for fear of some one tossing a cigarette butt in the bushes and igniting one of the houses. 1. We ask the City Council to take action to rectify this ongoing problem. 2. Suggestions, not necessarily solutions. Schedule the maintenance of the pruning and cleaning of debris of the pathways to a reasonable and consistent time frame necessary to properly maintain a safe environment. Replant the deceased landscaping with thorny shrubs (maybe Pyracantha) to fill in the voids along the pathway. Repaint the properties walls adjoining the pathways with the proper color and application. -2— October 23, 2006 Install a security gate at the driveway to El Colegio School to be locked at night as it is on the south side of the park to prevent late night traffic in the parking lot that disturbs the residences. Install an ascetically pleasing fence along the pathway's concrete edges. Increase police patrols during the schools start and ending periods. Install a traffic camera on the light standard on the south side of the street to monitor activity. Eliminate the pathway leading to Copeland creek. Sincerely, Richard Bra y 4 -1055 1060 061 a * t br �• Y �.i...� 1 a i :Xri i-A -VA fs tV i :Xri i-A -VA L; 53wX ix�v- " ey RAI NERVE 2 WNW., q SAO sk 2' HAS how- k - too shmsm-P L i wrom Ems 415 a 5 pool wv MTN 3 41192:2 -1 go Rks" ''.� � � 2�. � y :� � /� � � � 4'swunds ME Is= . . . . . . . . . . R 0 POT 7.1" A, ■ To VAN to I MO i gyn OPMARSUS PAZ! All W ATIT cot AVIV 00, KAI QQ n �v CITY OF ROHNERT PARK CONCURRENT MEETING MINUTES FOR: City Council Community Development Commission Rohnert Park Financing Authority October 10, 2006 Tuesday The Concurrent Meetings of the City of Rohnert Park for the City Council, the Community Development Commission and the Rohnert Park Financing Authority met this date in Regular Session for a meeting to commence at 6:00 p.m. at the Rohnert Park City Hall, 6750 Commerce Boulevard, Rohnert Park, with Mayor Smith presiding. Call to Order: Mayor Smith called the meeting to order at 6:03 p.m. Roll Call: Breeze, Flores, Vidak- Martinez, Smith Absent: Mackenzie (excused absence) Staff present for all or part of the Regular Session: City Manager Donley, Assistant City Attorney Whelan, Assistant City Manager Schwarz, Information Systems Manager Grundman, Director of Public Works /City Engineer Jenkins, Senior Planner Rich and Videographer Beltz. 1. WORK SESSION: Document Imaging — Review of cost, time and effort by James Grundman, Information Systems Manager: City Manager Donley shared opening comments, and Information Systems Manager Grundman DISTRIBUTED the Staff Report and responded to Council questions and comments on matters including cost, staff involvement, timing with the new City Hall, public access. Mayor Smith expressed a desire for video streaming and for one or two computer terminals available to the public at the new City Hall. Councilmember Breeze expressed a desire that the document imaging system be a part of efforts towards a paperless agenda for City Council. Council discussion /direction /action: Council CONCURRED to direct staff to provide an update (1) on a feasible start date and (2) on which fiscal year budget the system will affect. City Manager Donley noted staff's recommendation to start the system on July 1, 2008 due to the need to install the video - streaming camera in the new City Hall. At the request of City Manager Donley, Information Systems Manager Grundman showed Council an example of video - streaming from the City of Las Vegas' Web site. CLOSED SESSION: Mayor Smith adjourned Council to Closed Session at 6:30 p.m. to consider Potential Litigation and Real Property Negotiation Matters. REGULAR SESSION: Mayor Smith reconvened the Regular Session at 6:56 p.m. City of Rohnert Park CONCURRENT MEETINGS Minutes (2 of 8) October 10 2006 for City CounciUCoinnrunity Development Commission /Rohnert Park Financing Authority PLEDGE OF ALLEGIANCE: Calvin Jenkins, First Grade Student at Marguerite Hahn Elementary School, led the Pledge of Allegiance. Mayor- Smith PRESENTED Calvin with a card, a pen, and a token with the flags of the United States and Italy. 2. MAYOR'S REPORT ON CLOSED SESSION: Mayor Smith indicated that there was no reportable action from the Closed Session. ANNOUNCEMENT: Mayor Smith read a letter from The Press Democrat editorial section, ATTACHED TO THE ORIGINAL SET OF MINUTES, entitled "Connected by train" by Ron Trouse. He stated that said article expressed support for Measure R as it allows citizens to become neighbors through mutual action to improve each other's lives and to combat congestion and pollution. 3. SCHEDULED APPEARANCES /PRESENTATIONS: Mayor's Presentation of Resolution to Recourse Mediation Services, Proclaiming Tuesday, October 17, 2006 as "Conflict Resolution Day ": Mayor Smith READ AND PRESENTED said resolution to a representative from Recourse Mediation Services, who shared brief comments of appreciation for the recognition. Robert Abramson, Membership Chair, United Nations Assoc. of Sonoma County, requesting proclamation observing United Nations Day, Tuesday, October 24, 2006 and flying the United Nations Flag during the week of October 17 -24, 2006: Mr. Abramson asked that the City honor United Nations Day with the requisite proclamation and the flying of the U.N. flag. He SUBMITTED said flag to City Manager Donley. Mr. Abramson DISTRIBUTED AND REVIEWED an informational document about the United Nations Association Film Festival's (UNAFF) Travelling Film Festival — Sonoma County, on Saturday, November 11, at Santa Rosa Junior College. He INVITED Council and members of the public to attend. At this time, Mayor Smith pulled Resolution 2006 -247 from the Consent Calendar for Council consideration. 2006 -247 Proclaiming Tuesday, October 24, 2006 as "United Nations Day" A MOTION was made by Mayor Smith, seconded by Vice Mayor Vidak- Martinez, to adopt Resolution 2006 -247. Under discussion, Councilmember Flores reviewed recent humanitarian and peace- keeping efforts of the United Nations. After the motion, which was APPROVED 4 -0 -1 with Councilmember Mackenzie absent, reading was waived and Resolution 2006 -247 was ADOPTED. Kyle Jackson, Sister Cities Student Ambassador to Hashimoto City, Japan: Student Ambassador Report to Council: Cortney Pastrick, Sister Cities Chair, shared opening comments about the Sister .Cities program and thanked Council for its support. Kyle Jackson expressed gratitude for the opportunity to travel to Japan. He shared a Power Point presentation of his trip, and he responded to Council questions and comments. City of Rohnert Park CONCURRENT MEETINGS Minutes (3 of 8) October 10, 2006 for City Council/Community Development Commission / Rohnert Park Financing Authority Mayor's Presentation of Proclamation Honoring Kyle Jackson: Mayor Smith READ AND PRESENTED Mr. Jackson with said proclamation. ACKNOWLEDGEMENT: Mayor Smith acknowledged that Jud Snyder of The Community Voice was back in the audience after recently recovering from heart surgery. 4. SSU STUDENT REPORT: Sonoma State University Associated Students, Inc. by Whitney Diver, Legislative Representative: Ms. Diver DISTRIBUTED copies of The Star to Council, and she reported on matters including midterms, feedback for the University Center, the bookstore resolution, and a crackdown on drinking on the campus. 5. UNSCHEDULED PUBLIC APPEARANCES /COMMENTS: No speaker cards for public comments were submitted to Mayor Smith. 6. CONSENT CALENDAR: Mayor Smith asked if there were any questions about matters on the Consent Calendar. Councilmember Breeze signified removal of the Special Sessions Meetings Minutes for September 26, 2006. B. Approval of Bills /Demands for Payment concurrently for: City of Rohnert Park/City Council in the amount of $1,754,816.08 C. Resolutions for Adoption: 2006 -248 Proclaiming Saturday, October 28, 2006 as "Make -a- Difference Day in Rohnert Park" 2006 -249 Approving Amendment No. 2 to the Contract for Janitorial Maintenance with Universal Building Services 2006 -250 Authorizing the Purchase of a New Air Compressor for the Mobile Air Support Unit 9943 for the Public Safety Department 2006 -251 Delegating Authority to Approve the Final Plans and Specifications to the City Engineer and Authorizing the Call for Sealed Proposals or Bids for the City Hall Relocation - Site Improvements, Project No. 2004 -33 2006 -252 Authorizing and Approving an Agreement with Persinger Architects for Architectural Services for the Community Center ADA (Americans with Disabilities Act) Improvements and Beam Replacement Project, City Project No. 2005 -05 Upon MOTION by Vice Mayor Vidak- Martinez, seconded by Councilmember Flores, and APPROVED 4 -0 -1 with Councilmember Mackenzie absent, reading was waived and the Consent Calendar, with the exception of Item A, Special Session Meetings Minutes for September 26, 2006, was ADOPTED AS AMENDED. City of Rohnert Park CONCURRENT MEETINGS Minutes (4 of 8) October 10 2006 for City Council/Community Development Commission / Rohnert Park Financing Authority Item for Consideration: A. Approval of City Council Portion of Concurrent Meeting Minutes for: • Special Sessions & Regular Concurrent City Meetings - September 26, 2006 Councilmember Breeze called attention to the Special Sessions Minutes, Item 2, Neighborhood Preservation, and she requested augmentation of her comments regarding public recognition in terms of a Front Yard /Back Yard of the Month Club for residents with various examples and ideas of code enforcement on their property, including xeriscaping. A MOTION was made by Mayor Smith, seconded by Councilmember Flores, to approve Item A of the Consent Calendar with the Special Sessions Meetings Minutes of September 26, 2006, AS AMENDED. Said motion was APPROVED 4- 0-1 with Councilmember Mackenzie absent. 7. COUNCIL COMMITTEE AND /OR OTHER REPORTS: 1. Evergreen Walk- A -Thon, 9/29/06: Mayor Smith noted his attendance at said event. 2. Sonoma State University (SSU) Reopening of Darwin Hall, 9/29/06: Mayor Smith noted that he spoke at said event. 3. Art Ibleto's 80`'' Birthday Party, 10/1/06: Mayor Smith noted his attendance at said event. 4. Noon Times: Candidate Forum, 10/4/06: Councilmembers Breeze and Flores and Mayor Smith noted their attendance at said event. 5. Press Democrat Leadership Forum, 10/4/06: Mayor Smith noted his attendance at said event. 6. Wal -Mart Health Care Facility, 10/5/06: Mayor Smith and Vice Mayor Vidak- Martinez noted their attendance at said event. Vice Mayor Vidak- Martinez DISTRIBUTED brochures for the Quick Health Clinic located inside Wal -Mart. 7, North Bay Industries Barbeque, 10/6/06: Mayor Smith noted his attendance at said event. He SUBMITTED a flag made by North Bay Industries to the City, and he requested that staff, when they decide where to fly said flag, invite representatives from North Bay Industries. 8. Dedication for Improvements to Burton Avenue Recreation Center, 10/10/06: Mayor Smith noted his attendance at said event. Said brochure was DISTRIBUTED at the Council meeting. 9. Fleet Week Activities, 10/10/06: Mayor Smith noted that all Councilmembers attended the Fleet Week activities within Rohnert Park. Councilmembers commended the sailors from the USS Bon Homme Richard for performing volunteer service at the Boys & Girls Club. 10. Other informational reports, if any: a. M Section Tennis Courts: Mayor Smith noted that said tennis courts have been resurfaced. b. Rancho Cotate PTSA's Welcome Back Barbeque: Mayor Smith stated that he attended this event and was "dunked" in the dunking machine. 8. COMMUNICATIONS: Councilmember Flores called attention to the following communications: City of Rohnert Park CONCURRENT MEETINGS Minutes (5 of 8) October 10, 2006 for City CounciUCommunity Development Coninaission/Rohnert Park Financing Authority 1. Letter from Matt Haymen requesting that the City abolish the Party Ordinance as it is negatively impacting his college experience. 2. Letter from Geraldine Duncann re opposition to Rancho Verde Mobile Home Park conversion: Councilmember Flores stated that it is important that Council and staff be diligent about the due process to follow in this matter. 3. Letter from Barb] Buchanan of the Pop Warner Cougar Cheer Team requesting use of the Callinan Sports Center for practices: Councilmember Flores noted staff's recommendation to pass this matter on to the Parks & Recreation Commission for consideration, and he REQUESTED that the Mayor send a letter to the School District in an effort to support children in the community with appropriate activities. U I_:ll J 07 W1 0 Z17u /1 Eel ZK91ilYy7 F 1. Provide direction to Parks & Recreation Commission on converting old pocket parks to neighborhood gardens: Vice Mayor Vidak- Martinez explained the opportunity of urban agriculture /community gardens. She discussed how food could be grown and donated to Neighbors Organized Against Hunger (NOAH) or to the Senior Center. Council discussion /direction: Council discussion concluded with Council CONCURRENCE (1) to have staff thoroughly review the idea of community gardens and provide options for Council, and (2) to have the Parks & Recreation Commission come back with recommendations for Council in terms of which parks to start with, for example. 2. Santa Rosa Plain Conservation Strategy Implementation Committee: Implementation Options Workshop, Santa Rosa City Council Chambers, 6:00 p.m. -9:00 p.m., 10/18/06: Mayor Smith noted that Councilmember Mackenzie will be attending said meeting. 3. Schedule of Events and Meetings: Councilmembers and staff highlighted the following events: a. Mayor Smith — Friday 10/13 —Fiji Day Celebration Opening Ceremonies. He noted that he will be speaking at said event. b. Mayor Smtih — Thursday 10/12 — "Bridging the Town -Gown Divide: Issues in Transportation and Housing" at U.C. Davis. He noted that he and City Manager Donley will be attending said event. c. Councilmember Breeze — Wednesday 10 /11 — Association of Retired Employees luncheon. She noted that she and Councilmember Flores will be attending. d. City Manager Donley — Thursday 10/12 — ABAG Emergency Preparedness Symposium on Homeland Security/UASI. He noted that Public Safety Lieutenant Frazer will be representing the City at said symposium. 4. City Council Agenda Forecast: Document provided to Council in agenda packet. 5. Other informational items, if any: None. City of Rohnert Park CONCURRENT MEETINGS Minutes (6 of 8) October 10 2006 for City CouncillCommunity Development Commission /Rohnert Park Financing Authority 10. CITY MANAGER'S /CITY ATTORNEY'S REPORTS: Mobile Home Park Condominium Conversion Fact Sheet: Assistant City Attorney Whelan reviewed the Staff Report and responded to Council questions and comments. Councilmember Flores recommended that the City provide a copy of said Staff Report to all interested parties. Mayor Smith suggested that staff post the Staff Report on the City's Web site. Update on Graffiti Issues: Assistant City Manager Schwarz reviewed the contents of the Staff Report. He noted that a full report will be provided to Council at the October 24th City Council meeting. 3. Other informational items, if any: a. Homebuilders' Association: City Manager Donley noted that he was invited to speak at the Homebuilders' Association meeting on October 181h 11. PUBLIC COMMENTS: Mayor Smith invited members of the public interested in speaking to come forward. No members of the public responded. ADJOURNMENT: Mayor Smith adjourned the City Council meeting at 8:05 p.m. to consecutively and separately CONVENE the meetings of the Community Development Commission and the Rohnert Park Financing Authority. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK MINUTES Tuesday, October 10, 2006 Call to Order: 8:05 p.m. Roll Call: Breeze, Flores, Vidak- Martinez, Smith Absent: Mackenzie (excused) Also present: Executive Director Donley, Executive Assistant Director Schwarz, Assistant General Counsel Kenyon and Recorder Leonard Unscheduled public appearances: None. 1. CONSENT CALENDAR: Chairperson Smith asked the Commissioners if there were any questions about matters on the CDC Consent Calendar. Chairperson signified removal of CDC Resolution Nos. 2006 -26 and 2006 -27 per his recommendation. 1. Approval of CDC Portion of Concurrent City Meeting Minutes for: Regular Meeting - September 26, 2006 City of Rohnert Park CONCURRENT MEETINGS Minutes (7 of 8) October 10, 2006 for City Council/Community Development Commission/Rohnert Park Financing Authority 2. Approval of CDC Bills /Demands for Payment in the amount of $33,749.69 A MOTION was made by Vice Chair Vidak- Martinez, seconded by Commissioner Flores, to approve the Consent Calendar with the exception of CDC Resolution Nos. 2006 -26 and 2006 -27. Said motion was APPROVED, AS AMENDED, 4 -0 -1 with Commissioner Mackenzie absent. Items for Consideration: CDC Resolutions for Adoption: 2006 -26 Authorizing and Approving Agreement for Mitigation Credits and Escrow Instructions with Hazel Mitigation Preserve, LLC and 2006 -27 Authorizing and Approving Agreement for Mitigation Credits and Escrow Instructions with Davis Preserve, LLC Chairperson Smith indicated that he is opposed to the idea of the City paying for mitigation, and that he will be voting against said resolutions for that reason. A MOTION was made by Commissioner Flores, seconded by Commissioner Breeze, to jointly and separately approve CDC Resolution Nos. 2006 -26 and 2006 -27. Under discussion, Commissioner Flores discussed how wetland mitigation represents an important step in progressing forward with a project. Chairperson Smith indicated that the City should never have agreed to pay for such mitigation, but rather the buyer should have paid for it. After the motion, which was APPROVED 3 -1 -1 with Chairperson Smith dissenting and Commissioner Mackenzie absent, reading was waived and CDC Resolution Nos. 2006 -26 and 2006 -27 were ADOPTED SEPARATELY AND CONSECUTIVELY. 2. Economic Development CDC Sub - Committee - Consideration of establishing a Community Development Commission Sub - Committee for CDC economic development issues: Chairperson Smith explained this matter. Commission discussion /direction /action: Council CONCURRED with Chairperson Smith's appointment of Vice Chair Vidak - Martinez and Commissioner Flores to serve on this CDC Subcommittee for CDC economic development issues. Economic Development Agreement with MBIA - Consideration of an agreement for services with MBIA Muniservices Company (MMC) for economic development: Staff Report: Executive Assistant Director Schwarz reviewed the contents of the Staff Report. 2. Public Comments: None. 3. CDC Resolution for Adoption: 2006 -28 Approving an Agreement for Services with MBIA Muniservices Company (MMC) City of Rohnert Park CONCURRENT MEETINGS Minutes (8 of 8) October 10 2006 for City Council /Community Development Commission /Rohnert Park Financing Authority Upon MOTION by Vice Chair Vidak - Martinez, seconded by Commissioner Breeze, and APPROVED 4 -0 -1 with Commissioner Mackenzie absent, reading was waived and CDC Resolution 2006 -28 was ADOPTED. 4. ADJOURNMENT: There being no further business, Chairperson Smith adjourned the CDC meeting at 8:10 p.m. ROHNERT PARK FINANCING AUTHORITY AGENDA Tuesday, October 10, 2006 Call to Order: 8:10 p.m. Roll Call: Breeze, Flores, Vidak- Martinez, Smith Absent: Mackenzie (excused) Also present: Executive Director Donley, Executive Assistant Director Schwarz, Assistant General Counsel Kenyon and Recorder Leonard Unscheduled public appearances: None. I. CONSENT CALENDAR: Chairperson Smith asked the Members if there were any questions about matters on the RPFA Consent Calendar. No matters were raised. 1. Approval of RPFA Portion of Concurrent City Meeting Minutes for: Regular Session — September 26, 2006 A MOTION was made by Member Flores, seconded by Member Breeze, to approve the RPFA Consent Calendar as outlined in the agenda. Said motion was APPROVED 4 -0 -1 with Member Mackenzie absent. 2. ADJOURNMENT: There being no further business, Chairperson Smith adjourned the Meeting of the RPFA at 8:10 p.m. Leonard Tim Smith C tired Shorthand Reporter Mayor C.S.R. 11599 City of Rohnert Park Approval of Bills /Demands for Payment ITEM iR • t CITY OF ROHNERT PARK BILLS FOR APPROVAL October 24, 2006 Checks 164185 - 164457 Date October 10 -19, 2006 $998,059.79 TOTAL $998,059.79 Accepting Cash /Investments Reports for: *Final Report for Fiscal Year Ending June 30, 2006, and *Month Ending July 31, 2006 ITEM J -10A 4 FOR RESO. NO. ZO 0 & -0?53 CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: October 24, 2006 Department: Community Development Department Submitted By: Cas Ellena, Housing & Redevelopment Manager Submittal Date: October 10, 2006 Agenda Title: Lease Agreement with the Neighbors Organized Against Hunger ("NOAH) Food Bank Requested Council Action: Approve resolution authorizing Lease Agreement with the NOAH Food Bank Summary: NOAH utilizes areas within the Rohnert Southwest Boulevard Fire Station located at 436 Southwest Boulevard, Rohnert Park for services associated with the Food Bank and food distribution. Attached, for the City Council's consideration, is a Lease Agreement which defines the terms for use of the City facilities including locations, facilities and services, terms, rent, and allowed uses. The Lease Agreement also provides that the Lessee shall carry liability and property damage insurance and shall indernn4 and hold the City of Rohnert Park harmless from and against any and all liability for the Food Bank's use of City facilities. This insurance provision is provided by the Redwood Empire Foodbank on behalf of NOAH.. Enclosures: -Lease Agreement - Resolution CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney. CITY MA'NAGER'S RECOMMENDATION: A Consent Item Approval (} Public Hearing Required ) Not Recommended () Sub with Comment {) Policy Determination Co { ) City Comments: City Manager's Signature: ( ) Regular Time Date: C b �� - 5:05 -b RESOLUTION NO. 2006- 253 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING A LEASE AGREEMENT WITH NEIGHBORS ORGANIZED AGAINST HUNGER ( "NOAH") FOOD BANK FOR USE OF CITY FACILITIES WHEREAS, the City Council of the City of Rohnert Park desires, in order to serve the public purpose, to assist local food banks in providing food distribution services to residents of Rohnert Park by allowing the use of City facilities for services associated with the food distribution; and WHEREAS, a Lease Agreement has been prepared which defines the terms associated with the use of the City facilities. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve a Lease Agreement by and between the Neighbors Organized Against Hunger Food Bank, a non -profit organization, and the City of Rohnert Park, a municipal corporation, for use of City of Rohnert Park facilities associated with food bank services. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute same for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 24th day of October, 2006. ATTEST: City Clerk CITY OF ROHNERT PARK Mayor Tim Smith LEASE AGREEMENT BETWEEN NEIGHBORS ORGANIZED AGAINST HUNGER (NOAH) AND CITY OF ROHNERT PARIS 1. Parties. This Lease Agreement (the "Lease ") is made and entered into by and between THE CITY OF ROHNERT PARK, a California municipal corporation (hereafter referred to as "Landlord" or "City") and Neighbors Organized Against Hunger (NOAH), anon -profit organization (hereafter referred to as "Tenant "), and is effective as of .2006 (the "Effective Date "). 2. Premises. City hereby leases to Tenant and Tenant leases from City for the Term (as defined in Section 4), at the Rent (as defined in Section 5), and upon all of the conditions set forth herein, that certain front portion of the building, defined as the two rooms next to the front door and the entrance, located in the building owned by City on certain real property situated in the County of Sonoma, State of California, commonly known as the Southwest Boulevard Fire Station and located at 435 Southwest Boulevard, Rohnert Park (the "Premises "). The Tenant is not to have any use of the fire bay or any other areas of the building that is not intended for public access 3. Facilities and Services. 3.1 Facilities. In addition to the Premises, Landlord hereby provides the use of the following facilities ( "Facilities "): restrooms, parking spaces, kitchen, and storage. 3.2 Services. City shall provide Tenant with gas, electricity, water and garbage for the Premises. 4. Term. The term of this Lease shall run indefinitely (the "Term "). However, either party may provide 90 days notice of its intent to terminate this Lease at any time. 5. Rent. Tenant shall pay to City as rent for the Premises, use of the Facilities and provision of Services, the sum of One Dollar ($1.00 ) per year, payable in advance on the first day of June of each year. 6. Care of Premises. Tenant accepts the Premises in their present condition, as -is. Tenant shall maintain Premises in broom -clean condition during the entire Term of the Lease. 7. Use. 7.1 Time and Purpose. Tenant shall use the Premises for the sole purpose of food distribution and only during the hours of 12 :00 p.m. and 7:00 p.m. on Wednesdays. Tenant may, however, store food on the Premises in connection with the weekly distribution. Tenant shall not use the Premises for any other purposes or at any other time without first obtaining the City's written or verbal consent. 7.2 Lawful Uses. Tenant, in its use of the Premises, shall comply with any and all applicable local, state and/or federal ordinances, laws and regulations. 8. Insurance. Tenant shall, at Tenant's expense, carry and maintain general liability and property damage insurance with aggregate limits on an occurrence basis in the amount of $1,000,000. The City shall be named thereon as an additional insured. Further, the policy shall provide for notification to the City in writing at least thirty (30) days prior to any cancellation or expiration. In addition, Tenant shall carry and maintain workers' compensation insurance to the extent required by law. Tenant, at its own expense, shall provide a copy of such policies to Cas Ellena, Housing and Redevelopment Manager, City of Rohnert Park, 6750 Commerce Boulevard, Rohnert Park, CA 94928, within 20 days of execution of this Lease. 9. Indemnity. Tenant shall defend, indemnify, and hold the City of Rohnert Park, its officers, employees, and agents, harmless from and against any and all liability, loss, expense (including reasonable attorney's fees), or claims for injury or damages arising out of the performance of this Lease, to the extent such liability, loss, expense, attorney's fees, or claims for injury damages are caused by or resulting from the negligent or intentional acts or omissions of Tenant, its officers, employees, or agents. 10. Assignment and Subletting. Tenant shall not assign, mortgage, sublet, or otherwise transfer or encumber all or any part of Tenant's interest in this Lease or in the Premises. Any attempted assignment, transfer, mortgage, encumbrance or subletting shall be void, and shall constitute a breach of this Lease. 11. Tenant's Default; Landlord's Remedies. If Tenant at any time is in default in the keeping and performing of any~of its covenants or agreements herein contained, and such default continues for thirty (30) days after written notice thereof from the City to Tenant specifying the particulars of such default, or if such other default is of a nature that curing such default will take more than thirty (30) days and Tenant has failed to commence such cure within such thirty (30) days and to thereafter diligently pursue completion of such cure, Tenant will be considered in default. Upon the occurrence of any such default, the City, in addition to any and all other rights or remedies of the City hereunder, or by law or in provided, shall have the sole option to terminate this Lease by giving Tenant notice of termination. Any holdover by Tenant after the expiration of the Lease shall be considered a month -to -month tenancy, subject to all the covenants, conditions, and obligations contained in this Lease. 12. 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. 13. Time of Essence. Time is of the essence. 14. 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. 2 15. 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_ 16. Notices. Any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery or by certified mail, and if given personally or by mail, shall be deemed sufficiently given if addressed to Tenant or to City at the address noted below the signature of the respective parties. 17. 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 hereunder by City shall not be a waiver of any preceding breach by Tenant of any provision hereof_ 18. Governing Law. This Lease shall be governed by the laws of the State of California. 19. Attorney's Fees. If either party brings an action to enforce the terms hereof or declare rights hereunder, the prevailing party in any such action, on trial or appeal, or on any petition for review, shall be entitled to its reasonable attorney's fees to be paid by the losing party as fixed by the court. 20. 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. The parties hereto have executed the Lease at the place and on the dates specified immediately adjacent to their respective signatures. LANDLORD: Executed at . on Address: 6750 Commerce Blvd. Rohnert Park, CA 94928 Approve "s to form: y Attorne TENANT: !�:) Executed at on CITY OF ROHNERT PARK Name and Title: Stephen R. Donley, City Manager Per Resolution No. 2006 -253 adopted by the City Council on October 24, 2006 Attest: NOAH City Clerk Address: Name and Title 3_ Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2d & e 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 Three (3) Mondays prior to Council meeting dates Agenda Items with related attachments via email to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting dates Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday mornings One (1) week prior to Council meeting dates Agenda Packets distributed to City Council and Agendas postcd/distnbuted/maded on Wednesday afternoons One (1) week prior to Council meeting dates for compliance with Rohnert Park Municipal Code Section 2.08.050 (This section for City Clerk Use Only) Council: X Miscellaneous Communications A ends O Co to: Copy to: FOR RESO. NO. aoo&-a.s4 CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: Department. Submitted By: Submittal Date: Agenda (Subject only) Title: October 24, 2006 Dept. of Public Works/Engineering Division Darrin Jenkins, Director of Public Works/City Engineer BY: Ellen Beardsley, Administrative Assistant October 10, 2006 First Amended Cooperative Agreement to Provide Funding and Support Information for the Santa Rosa Plain Groundwater Study Requested Council Action: Approve the amended funding agreement and authorize the Mayor to execute the agreement on behalf of the City. Summary: The Original Cooperative Agreement dated August 17, 2005, provided for funding of a regional groundwater study to include the Santa Rosa Plain, conducted by the U.S. Geologic Survey in conjunction with the Sonoma County Water Agency. The study includes development of a GIS database for the Santa Rosa Plain, development of a detailed geohydrologic model of the groundwater /surface water systems in the study area, and identification of factors that influence the optimal distribution of water resources between them. including Rohnert Park, there are 8 participating agencies providing a shared total of $1,925,000 in funding for the Original Agreement: Sonoma County Water Agency, Santa Rosa, Cotati, Sebastopol, Windsor, Cal American Water and the County of Sonoma. Assuming federal grant funds of $500,000, there is a balance of $1,425,000 that would be shared by the participating agencies. Rohnert Park's 5 -year total share of the groundwater study is estimated to be $191,600. The purpose of the Original Agreement was to provide a funding mechanism by which a shared total of approximately $200,000 could be contributed to pay for the first year of the study, and to establish a working relationship among technical staff. Since the execution of the Original Agreement, participants desire to amend the Agreement to provide funding for the second year of study as identified in "Attachment A -Cost Allocation." Rohnert Park's share for Year 2, October 2006 — September 2007, will be approximately $50,295. Enclosures: Resolution, First Amended Cooperative Agreement CITY ATT'ORNEY'S REVIEW: CITY MANAGER'S RECOMMENDATION: Consent Item () Regular Time X(�pproval ( ) Public Hearing Required ( ) Not Recommended () S ed with Comment ( ) Policy Determination by ( ) City Comments: City Manager's Signature: Date: (Revised 2806) OS-b Vo � -�/00 d " RESOLUTION NO. 2006- 254 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PART{ AUTHORIZING AND APPROVING THE FIRST AMENDED COOPERATIVE AGREEMENT BETWEEN AND AMONG THE SONOMA COUNTY WATER AGENCY, THE COUNTY OF SONOMA, THE CITIES OF COTATI, ROHNERT PARK, SANTA ROSA, AND SEBASTOPOL, THE TOWN OF WINDSOR, AND CAL AMERICAN WATER COMPANY TO PROVIDE FUNDING AND SUPPORT INFORMATION FOR THE SANTA ROSA PLAIN GROUNDWATER STUDY BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the first amended cooperative agreement between and among the Sonoma County Water Agency, the County of Sonoma, the Cities of Cotati, Rohnert Park, Santa Rosa, and Sebastopol, the Town of Windsor, and Cal American Water Company to provide funding and support information for the Santa Rosa. Plain Groundwater Study. BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to execute this agreement in substantially similar form to the attached agreement for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 2e day of October, 2006. ATTEST: City Clerk CITY OF ROHNERT PARK Mayor Tim Smith 3H- S:05-f jdh: \\fileserver\ data\ techw\agremnts\sr plain groundwater coop amd 1.doc version: 9/27/2006 2:27:00 PM TW 03/04 -104A FIRST AMENDED COOPERATIVE AGREEMENT TO PROVIDE FUNDING AND SUPPORT INFORMATION FOR SANTA ROSA PLAIN GROUNDWATER STUDY This Agreement is made by, between, and among the Sonoma County Water Agency, ( "Agency "), and the County of Sonoma, City of Cotati, City of Santa Rosa, City of Sebastopol, City of Rohnert Park, Town of Windsor, and Cal American Water Company, a California Corporation, (collectively referred to as "Participants "). RECITALS A. Agency and Participants all utilize groundwater pumped from the Santa Rosa Plain Groundwater Basin ( "Basin ") and utilize the Basin for all or part of their municipal water supply. B. A comprehensive study of the Basin was last completed in 1982 by the Department of Water Resources in cooperation with the Sonoma County Water Agency. C. Agency and the United States Geological Survey ( "USGS ") have proposed a study to evaluate the groundwater resources of the Basin. The objective of the study is to: (1) develop an updated assessment of the geohydrology, geochemistry, and geology of the Santa Rosa Plain, including: development of a Geographical Information System database, identification of annual pumpage quantities by sub -area, and estimated quantities and locations of annual recharge; (2) develop a multi- aquifer groundwater flow model for Santa Rosa Plain; and (3) evaluate the hydrologic impacts of alternative groundwater management strategies for the Basin. D. The base cost of the study is estimated to be approximately $1,925,000 over five years and could increase if the scope of work is expanded to include supplemental study activities. USGS has indicated the study may be eligible for up to $500,000 in federal matching funds over four years of the five -year study period. Assuming the study qualifies for complete matching federal funds, a balance of $1,425,000 would be paid by participating co- funding agencies over the life of the study. E. Agency first entered into this agreement with USGS for the first year of the study, and Participants agreed to share in the funding responsibility for that year pursuant to the terms and conditions of the "Cooperative Agreement to Provide Funding and Support Information for Santa Rosa Plain Groundwater Study" executed by Agency on August 17,2005" ( "Original Agreement "). F. The purpose of the Original Agreement was to (1) provide a funding mechanism by which approximately $200,000 could be contributed to pay for the first year of the study of the Basin and (2) establish a working relationship among technical staff, together with tools and protocols that will be necessary for the success of additional studies as well as any future groundwater management strategies. G. Since the execution of the Original Agreement, Agency and Participants have found it desirable to amend the Agreement to provide additional funding for the second year of study as identified herein. H. Agency is willing to enter into an agreement with USGS for the second year of the study provided that Participants are willing to share in the funding responsibility for that year. Cooperative Agreement To Provide Funding and Support Information For Santa Rosa Plain Groundwater Study 1 I. Agency and Participants agree it is in the public interest to work cooperatively with other entities whose service areas or boundaries overlie the Basin. J. Agency and Participants have negotiated a projected cost sharing for the study based on groundwater usage and population served. K. This Agreement provides for funding the first and second years only and neither Agency nor Participants are obligated to participate in further studies or to provide funds in other years. L. Upon execution of this First Amended Agreement by all parties, the Original Agreement will terminate and is superseded by this First Amended Agreement, AGREEMENT Agency and Participants agree as follows: 1. RECITALS The above recitals are true and correct. 2. LIST OF ATTACHMENTS AND ORDER OF PRECEDENCE The following attachments are incorporated by reference as though fully set forth herein, and in accordance with the provisions of this Agreement: 1) Attachment A: Cost Allocation 2) Attachment B: Draft Conceptual Study Description 3) Attachment C: Draft Joint Funding Agreement with USGS In case of any conflict between the terms of the Agreement and the attachments, the terms of these documents control and prevail in the following order: l) Agreement, 2) Attachment A, 3) Attachment B, and 4) Attachment C 3. COMMUNICATION/DESIGNATED REPRESENTATIVES The persons identified below as the Designated Representative shall, upon execution of this Agreement, have authority to grant discretionary approvals identified in this Agreement. Except as otherwise specifically provided in this Agreement, any notice, submittal, or communication required or permitted to be served on a party, may be served by personal delivery to the person or the office of the person identified below. Service may also be made by mail, by placing first -class postage, and addressed as indicated below, and depositing in the United States mail to: Agency City of Santa Rosa Project Manager: Don Se moor, P.E. Project Manager: David Guhin PO Box 11628 Utilities Administration, 69 Ston y Circle Santa Rosa, California 95406 Santa Rosa, California 95401 Phone: 707 - 521 -1808 Phone: 707 - 543 -4299 Fax: 707 - 524 -3782 Fax: 707- 543 -3936 Email: dseymour@scwa.ca.gov Email: dgubin@srcity.org Desi ated Re resentative: Randy D. Poole _..Designated Representative: Richard Dowd Cooperative Agreement To Provide Funding and Support Information For Santa Rosa Plain Groundwater Study 2 City of Rohnert Park City of Sebastopol Project Manager: Darrin Jenkins, P.E. Project Manager: Susan Kell 6750 Commerce Blvd. Engineering Department, 714 Johnson Street Rohnert Park, California 94928 Sebastopol, California 95472 Phone: 707 - 588 -2243 Phone: 707 - 823 -2151 Fax: 707- 588 -2274 Fax: 707- 823 -4721 Email: da'enkins @r ci .or Email: suekeUy@sonic.net Designated Representative: Stephen R. Donley Designated Representative: David D. Brennan City of Cotati Town of Windsor Project Manager: Toni Bertolero Project Manager: Craig Scott Winzler & Kelly, 495 Tesconi Circle PO Box 100 Santa Rosa, California 95401 Windsor, California 95492 Phone: 707 -523 -1010 Phone: 707 - 838 -5978 Fax: 707 - 527 -8679 Fax: 707 - 838 -5830 Email: tonibertolero @w - and -k.com Email: cscott@townofwindsor.com Designated Representative: Terry L. Stubbin s Designated Representative: J. Matthew Mullan County of Sonoma Cal American Water Company Project Manager: John Maitland Project Manager: Andy Soule 2300 County Center Dr. Ste B 100 4701 Beloit Drive Santa Rosa, California 95403 Sacramento, California 95838 Phone: 707 - 565 -2528 Phone: 916- 568 -4212 Fax: 707 - 565 -2620 Fax: 916- 568 -4286 Email: con ohnm @sonoma -coup .or Email: asoule @amwater.com Designated Representative: David Knight De si ated Representative: Ben an- n Lewis 4. COST SHARING The estimated cost to complete the five -year groundwater study as outlined in this Agreement is $1,925,000. Participants and Agency shall share in the approximately $200,000 local share Year 1 cost of the study and approximately $333,000 for Year 2 as listed in Attachment A and paragraph 7 and shall, for subsequent years, consider amending this Agreement to provide the additional funding identified in Attachment A. 5. THE STUDY The study is described in Attachment B. 6. AGENCY RESPONSIBILITIES A. Prepare and negotiate a proposed agreement with the USGS to provide funding to support the first year and second year of the groundwater study in generally the form attached as Attachment C. Renew the USGS agreement annually throughout the study period, provided Agency's Board of Directors determines that adequate Participant support continues. B. Act as liaison with USGS, prepare initial GIS data, and provide technical review, project management, and project coordination. This responsibility includes coordinating any necessary technical review meetings and providing at least quarterly status updates to Participants at such meetings and as needed. Cooperative Agreement To Provide Funding and Support Information For Santa Rosa Plain Groundwater Study 3 C. Coordinate with Participants and assist with data acquisition. D. Agency shall have no obligation to provide funding for the study after Year 1 and Year 2 except upon approval of Agency's Board of Directors or amendment of this Agreement. E. Distribute draft copies of any reports received from USGS to each Participant, notifying the Participants of any USGS requirement regarding confidentiality and distribute final copies of any reports received from USGS to each Participant. F. Distribute final reports to the public during the term of the study. G. If requested, assist Participants' staff in making any presentations to Participants' governing boards regarding the study. H. Maintain complete and accurate records of all transaction in compliance with generally accepted accounting principles for enterprise accounting as promulgated by the American Institute of Certified Public Accountants and the Governmental Accounting Standards Board. Maintain complete project files with all correspondence, including letters and meeting notes. Such records shall be available to each Participant at all reasonable times for inspection and analysis. 7. PARTICIPANT RESPONSIBILITIES A. Year 1: Within 30 calendar days of notification by Agency that it has executed a contract with the USGS for Year 1, each Participant shall deposit with Agency its share for Year 1 of the study cost as described in Attachment A of this Agreement. B. Year 2: Within 30 calendar days of notification by Agency that it has executed a contract with the USGS for Year 2, each Participant shall deposit with Agency its share for Year 2 of the study cost as described in Attachment A of this Agreement. C. Year 3 through 5: Participants shall have no obligation to provide funding for the study after Year 1 and Year 2 except pursuant to amendment of this Agreement. D. Each Participant's Project Manager shall provide technical review and comment on draft work products and study results during the course of the study and shall attend technical review meetings to the extent practicable. The Participants shall maintain the confidentiality of any draft USGS reports to the extent Agency notifies them that such confidentiality is requested by the USGS, subject to Participants' obligations under the California Public Records Act. Each Participant shall make available to Agency, USGS and other Participants all technical data in its possession relevant to the groundwater study. E. Each Participant shall cooperate with Agency efforts to obtain additional funding for groundwater studies. 8. ADDITIONAL REQUIREMENTS A. Authority to Amend Agreement: Changes to the Agreement may be authorized only by written amendment to this Agreement, signed by the Designated Representative of each party or such other representative as is authorized by the governing body of each party. B. No Waiver of Breach: The waiver by any party of any breach of any term or promise contained in this Agreement shall not be deemed to be a waiver of such term or promise or any subsequent breach of the same or any other term or promise contained in this Agreement. C. Construction: To the fullest extent allowed by law, the provisions of this Agreement shall be construed and given effect in a manner that avoids any violation of statute, ordinance, regulation, or law. The parties covenant and agree that in, the event that any provision of Cooperative Agreement To Provide Funding and Support Information For Santa Rosa Plain Groundwater Study 4 this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. D. Making of Agreement: Participants and Agency acknowledge that they have each contributed to the making of this Agreement and that, in the event of a dispute over the interpretation of this Agreement, the language of the Agreement will not be construed against one party in favor of the other. Participants and Agency acknowledge that they have each had an adequate opportunity to consult with counsel in the negotiation and preparation of this Agreement. E. No Third -Par!y Beneficiaries: Nothing contained in this Agreement shall be construed to create and the parties do not intend to create any rights in third parties. F. Applicable Law and Forum: This Agreement shall be construed and interpreted according to the substantive law of California excluding the law of conflicts. Any action to enforce the terms of this Agreement or for the breach thereof shall be brought and tried in the County of Sonoma. G. Captions: The captions in this Agreement are solely for convenience of reference. They are not a part of this Agreement and shall have no effect on its construction or interpretation. H. Merger: 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 Code of Civil Procedure Section 1856. No modification of this Agreement shall be effective unless and until such modification is evidenced by a writing signed by all parties. I. Time of Essence: Time is and shall be of the essence of this Agreement and every provision hereof. J. Entire Agreement: This Agreement is the entire Agreement between the parties. 9. AGREEMENT BECOMING EFFECTIVE This Agreement shall become effective upon execution by the Agency and all Participants. 10. TERMINATION Any Participant may terminate its participation in this Agreement by giving one hundred eighty (180) days advance written notice to all other parties of its intent to terminate its participation in this Agreement. Termination shall not relieve the Participant of its obligation to pay costs due before the effective date of the termination. 11. COUNTERPART SIGNATURES This Agreement may be executed in counterpart and each of these executed counterparts shall have the same force and effect as an original instrument and as if all of the parties to the aggregate counterparts had signed the same instrument. .Cooperative Agreement To Provide Funding and Support Information For Santa Rosa Plain Groundwater Study 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as set forth below. Reviewed as to substance by County of Sonoma: Department Head Reviewed as to form: County Counsel COUNTY OF SONOMA Chair, Board of Supervisors Attest: County Clerk CITY OF SANTA ROSA By: Title: Attest: City of Santa Rosa Clerk Approved as to form: City of Santa Rosa Attorney CITY OF ROHNERT PARK By: Mayor Authorized by Resolution No. Attest: City of Rohnert Park Clerk Approved as to form: ISTI Reviewed as to funds by Agency: Division Manager - Administrative Services Reviewed as to substance by Agency: Department Head SONOMA COUNTY WATER AGENCY Chair, Board of Directors Date: Attest: County Clerk and ex- officio Clerk of the Board of Directors CITY OF COTATI By: City Manager or Designated Representative CITY OF SEBASTOPOL By: Mayor Approved as to form: City of Sebastopol Attorney TOWN OF WINDSOR _ By: Town Manager Attest: Town Clerk CAL AMERICAN WATER COMPANY, a California Corporation By: Benjamin Lewis, Service Delivery Vice President, Western Region Cooperative Agreement To Provide Funding and Support Information For Santa Rosa Plain Groundwater Study 6 i i' .i i 0 v 0 M O Ap i-{ a� w 0 O tLY U O _N N aj w 0 :C U .N v r4 Xy o CD I o 0 0 C) 0 0 O O O O O O ~ O i� N EZ 0 cM Q - Efl <fl 60, 613 fA O c0 O O C p O o C o = C O o O O o 0 O O U N T to T Efl T Ef? r Ef3 T ffl LLB lfl C O o O o 0 0 v (D m "E Qo � Q � 61). 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U •� H ATTACHMENT B Draft Conceptual Study Description Title: Evaluation of the ground -water resources of the Santa Rosa Plain Cooperating agency: Sonoma County Water Agency (SCWA) Period of project: 2006 -2010 Geographic Scope: The Santa Rosa Plain in Sonoma County. Problem: The Santa Rosa Plain, home to approximately half of the population of Sonoma County, faces growth in population and demand for water. Water supply is provided by a combination of ground water and water delivered via aqueduct from the Russian River. Water managers face the challenge of meeting the increasing water demand with a combination of Russian River water, which has uncertainties in its future availability, and local ground -water resources. The water use decisions by the different entities in the Santa Rosa Plain will have an impact on other ground -water users. Water managers need to determine the likely effects of future ground -water development in the Santa Rosa Plain and to identify efficient strategies for surface - water /ground -water management that will assure the long -term viability of water supply. Objectives: 1) develop an updated assessment of the geohydrology and geochemistry of the Santa Rosa Plain; 2) develop a multi- aquifer ground -water flow model for Santa Rosa Plain; and 3) evaluate the hydrologic impacts of alternative ground -water management strategies for the basin. Relevance and Benefits: The proposed study will provide hydrologic information needed by SCWA, m »*ucipalities it the Santa Rosa Plain, and other management and regulatory agencies to better understand the potential impacts of increasing ground -water use on ground -water levels, stream - aquifer interaction, subsidence, and water quality. The study will consider several priority USGS water - resource issues including surface- and ground -water interactions, effects of urbanization on water resources, and hydrologic - system management. Approach: (1) data compilation, utilizing a Geographic Information System (GIS); (2) new data collection, focusing on water - quality sampling; (3) data interpretation and geohydrologic characterization - including refining hydrologic budgets and updating conceptual models of the ground -water flow system based on the new data and the results of ongoing USGS geologic studies in the basin; and (4) simulation of ground -water flow in Santa Rosa Plain. A set of potentially important additional data collection activities also are presented. Anticipated products: a summary USGS report (WRIR), a fact sheet, and several journal articles. Cooperative Agreement To Provide Funding and Support Information For Santa Rosa Plain Groundwater Study B -1 Water Resources Availability and Management in Sonoma County, California: Phase 2 - Evaluation of the ground -water resources of the Santa Rosa Plain PROBLEM The Santa Rosa Plain, home to approximately half of the population of Sonoma County, faces growth in population and demand for water. Water supply is provided by a combination of ground water and water delivered via aqueduct from the Russian River. Water managers face the challenge of meeting the increasing water demand with a combination of Russian River water, which has uncertainties in its future availability, and local ground -water resources. The water use decisions by the different entities in the Santa Rosa Plain will have an impact on other ground -water users. The two overarching ground -water management questions in the Santa Plain are: 1) What will be the effects of future ground -water development in the Santa Rosa Plain? In particular, the increase in ground -water demand resulting from urban growth and other land use changes will affect water levels, recharge, surface -water discharge, and water quality. Current regional water - quality concerns in the Santa Rosa Plain include iron, manganese, and arsenic. There also is localized contamination from volatile organics such as PCE. Increasing ground -water development may also induce land subsidence. 2) What are efficient strategies for surface -water /ground -water management that will assure the long -term viability of water supply in the Santa Rosa Plain? Historically, individual ground -water users in the Santa Rosa Plain - municipal, agricultural, and domestic— have proceeded independently in their utilization of ground water. As pumpage has increased, it is becoming clear that changes in pumpage in one location can have impacts on ground -water conditions elsewhere in the basin. Similarly, Russian River water and ground water have historically been used as separate sources of supply, but not explicitly managed in a linked manner. The increasing water demand, potential reduction in availability of Russian River water, likely lowering of some maximum contaminant limits (MCLs), and increasing environmental awareness in the region, make integrated surface - water / ground -water management essential. Management strategies may include aquifer storage and recovery (ASR) projects. ASR projects could be operated on a seasonal basis to capture surplus winter flows or on a multi-year climatic basis to store water for drought protection. To properly address these two questions requires a thorough reassessment of the geohydrology and geochemistry of the Santa Rosa Plain and development of a computer simulation model of the ground- water flow system. SCOPE This proposal describes a cooperative project that will study and report on the geohydrology and ground -water management issues of the Santa Rosa Plain. This project will be the second phase of the county -wide work plan delineated in the USGS proposal for study of "Water Resources Availability and Management in Sonoma County, California." That proposal describes county -wide water management and the importance of the linkage between the Russian River basin - the main source of water supply —and the other basins that are dependent, in part, on Russian River water. This long term cooperative plan involves geohydrological assessment of each of the county's major ground -water basins, including the development of geographic - information systems (GIS) and ground -water flow models. The ongoing first phase of the work in the original proposal focuses on the Sonoma Valley and Russian River system Cooperative Agreement To Provide Funding and Support Information For Santa Rosa Plain Groundwater Study 13-2 OBJECTIVES The primary objectives of this second phase of the program are to: 1) develop an updated assessment of the geohydrology and geochemistry of the Santa Rosa Plain; 2) develop a multi- aquifer ground- water flow model for Santa Rosa Plain; and 3) evaluate the hydrologic impacts of alternative ground- water management strategies for the basin. RELEVANCE AND BENEFITS As in the first phase of the USGS -SCWA cooperative studies of integrated multi-basin management of ground -water resources in Sonoma County; the proposed work in this phase will provide much of the hydrologic information needed by SCWA, municipalities in the Santa Rosa Plain, and other management and regulatory agencies to better understand the potential impacts of increasing ground- water use on ground -water levels, stream discharge, stream - aquifer interaction, subsidence and water quality. The program also will provide the information and modeling tools needed by SCWA and others to efficiently utilize the County's surface- and ground -water resources. This project will consider several priority water- resource issues identified in the "Strategic Directions for the Water Resources Division, 1999-2008," including surface- and ground -water interactions, effects of urbanization on water resources, and hydrologic- system management. The long term plan for this cooperative program, after completion of ground -water flow models of individual basins, is to develop a model that interrelates surface water, both local and imported, with the multiple ground -water basins for optimization of water resources utilization in Sonoma County. Such a model will provide transferable tools for analyzing multi-basin water- management plans in other areas of the nation. STUDY AREA The Santa Rosa Plain is bounded to the southwest the Mendocino mountains and to the northeast by the Sonoma and Mayacama mountains (fig. 1). To the southeast is a structural rise separating the Santa Rosa Plain from the Petaluma Valley. The California Dept. of Water Resources (1982) suggests that the Adobe Creek Anticline may act as the barrier between the two basins. To the northwest, a series of hills separates the Santa Rosa Plain from middle part of Russian River system. The two basins are linked by a gap in the hills southeast of HeaIdsburg (Caldwell, 1958). GEOLOGIC FRAMEWORK OF THE SANTA ROSA PLAIN Ongoing work by geologists at USGS indicates several geologic aspects of the Santa Rosa Plain that may have important implications for ground water (Robert McLaughlin, USGS, Menlo Park, written communication 2003). The Santa Rosa Plain is separable into two basins, the Cotati and Windsor basins, filled to 2.5 -3.0 km in depth with Miocene to Holocene sedimentary deposits and volcanic rocks. The Cotati basin is further subdivided into two sub - basins. These basins are floored with Mesozoic rocks of the Franciscan Complex, and could include serpentinite of the Coast Range ophiohte and strata of the Great Valley sequence. On the western side of the Santa Rosa Plain, the basement is overlain by Pliocene marine strata and nonmarine Pliocene - Pleistocene fluvial deposits. On the eastern side are Pliocene- Pleistocene fluvial deposits that may overlap the age of the marine strata to the west. Volcanic rocks of Pliocene to Miocene age underlie and are intercalated with parts of the marine and non - marine section. The age of the buried part of the basin section is largely unconstrained. Along the western margins of the Santa Rosa Plain are north- trending, down -to -the -east normal faults of Pliocene and younger age, exposed only in a few places. Along the northeastern margins are the active north - northwest trending Healdsburg and Rodgers Ck faults. The Windsor and Cotati basins are separated by a basement high associated with the west - northwest trending, northeast dipping Cooperative Agreement To Provide Funding and Support Information For Santa Rosa Plain Groundwater Study B -3 Trenton thrust fault, which is exposed only locally. The Cotati basin is subdivided by a deeper basement ridge which is sub - parallel to the Trenton fault. The origin of this ridge is uncertain. GENERAL HYDROLOGIC DESCRIPTION OF SANTA ROSA PLAIN Water supply in the Santa Rosa Plain is met by combinations of surface -water delivery from the Russian River and ground water from local basins. Santa Rosa is the largest city in the county (136,000 people in 1998) and has had the most rapid growth. It utilizes primarily Russian River water, but maintains wells for emergency supply. Rohnert Park and Sebastopol currently use ground water for most of their supply. Windsor receives water from the aqueduct as well as its own wells located near the Russian River. Windsor also has wells within the Santa Rosa Plain for emergency supply. Cotati primarily uses aqueduct water, but maintains wells to provide backup supply and meet peak summer demands. The Sonoma County Water Agency (SCWA) operates three deep wells in the Santa Rosa Plain that are tied into the aqueduct. In addition, there are numerous private wells in the Santa Rosa Plain that provide water for vineyards, cattle, and domestic use. The USGS (Cardwell, 1958) and the California Department of Water Resources (1982) have completed studies of the Santa Rosa Plain. Caldwell identified the main water - bearing units to be the Pliocene Merced Formation, the Pliocene -to- Pleistocene Glen Ellen Formation, and the Pleistocene and Recent alluvium. The California Department of Water Resources (1982) stated that the two major water - producing zones in the Santa Rosa Plain are the Merced Formation and the alluvial fan deposits (Pleistocene to Holocene). Other potential water bearing units in the basin include the Pliocene Petaluma Formation and Sonoma Volcanics. Santa Rosa Creek, Mark West Creek, and the Laguna de Santa Rosa (Laguna) provide the main surface drainage for the area. Santa Rosa and Mark West Creeks originate in the mountains to the east of the Plain. The Laguna runs along the western margin of the basin in the northern part of the Plain and is described by Caldwell (1958) as "a swampy, intermittent drainage course" that "discharges to the Russian River through a narrow outlet." The USGS annual California water data summary states the following about the Laguna. "The Laguna is a natural water channel and overflow basin connecting the Santa Rosa Creek, Mark West Creek, and other smaller creeks with the Russian River. During floods, directions of flow may be either to or from the Russian River, and the Laguna acts as a natural regulator of floods on the lower Russian River." (Friebel and others, 2002) Caldwell (1958) noted that the streams in the Santa Rosa Plain were generally fed by discharge from ground water and that most ground -water recharge is from direct precipitation. As ground -water pumpage has increased, the stream- aquifer dynamics have likely changed. The general ground -water flow pattern is toward the center of the plain from the uplands to the east and west. APPROACH The study has four principal tasks: (1) data compilation -- a GIS will be the primary means of organizing data for archiving, searching, interrelating, and displaying hydrologic and related information; (2) collection of new data, with a focus of water - quality sampling; (3) data interpretation and geohydrologic characterization - including refining hydrologic budgets, and updating conceptual models of the ground -water flow system based on the new data and the results of ongoing USGS geologic studies in the basin; and (4) simulation of ground -water flow in Santa Rosa Plain. In this document, the basic required components of these four principle tasks are delineated. In addition, a set of potentially important additional data collection activities are presented. Cooperative Agreement To Provide Funding and Support Information For Santa Rosa Plain Groundwater Study 134 I. Development of Geographic Information System (GIS) The USGS will work collaboratively with SCWA to develop a GIS of the Santa Rosa Plain. This work will build on the existing data bases that have been developed for the Sonoma Valley and Russian River areas by SCWA, the Sonoma Ecology Center, and the USGS. The GIS will form the basis for all subsequent tasks, including determination of needs for new data collection. A partial list of data that would be included in the GIS is provided in table 1. 2. New Data Collection Water quality samples will be collected from selected wells, springs, and streams. Initially, existing wells will be used and selected based on compiled data in the GIS and in consultation with County technical staff. As described in the section on "Possible additional data collection," there would be great value to drilling and installing multiple -well monitoring sites in the Santa Rosa Plain. Such monitoring sites would allow for discrete depth- dependent sampling/ measuring of water quality, water levels, and hydraulic properties. Sampling will focus on delineating the source and age of ground water in the main water - bearing zones in the Santa Rosa Plain and characterizing the processes of (potential) water - quality degradation. The sampling will build on the recent water - quality data collected as part of the Groundwater Ambient Monitoring and Assessment (GAMA) program. Water - quality analysis in this study will include basic inorganic constituents and nutrients. The stable isotopes of oxygen and hydrogen will be used to provide information on sources of recharge, and tritium /helium will be used to provide information on ground -water age and travel time. Specific analyses of constituents of particular concern, such as arsenic, iron, and manganese, also will be conducted. Specifically, we propose to sample approximately 20 wells in each of the first two years of the project. All wells would be analyzed at the USGS Central Lab for major and minor ions; basic nutrients; trace metals; arsenic, iron, and chromium speciation; and stable isotopes of oxygen and hydrogen. Selected wells would be analyzed for tritium /helium dating and /or carbon -14 /Carbon 13/12 analyses. Limited additional sampling would be conducted in year 3. Sampling locations and analytes would be chosen based on the results from the first two years of sampling. Other additional constituents that could be considered for sampling and analysis are listed in the section on "Possible additional data collection." Quality assurance plans will be developed. All new data collected in this study will be input into the project GIS. In addition all these data will be entered into the USGS national data bases (NWIS or GWSI). 3. Data Interpretation and Geohydrologic Characterization The geohydrologic characterizations of the Santa Rosa Plain based on previous USGS and DWR studies will be updated using data collected for this program and the results of modeling. This will involve reassessing the hydrostratigraphy, quantifying the distribution and quantity of recharge and discharge (including pumpage), and evaluation of basin water quality. The main goals are to develop an updated representation of the hydrostratigraphy of the basin, obtain improved estimates of the hydraulic properties of the water - bearing deposits, determine the sources and ages of ground water, characterize the general ground -water quality characteristics, quantify the three- dimensional basin ground -water budget, and evaluate the dynamics of surface - water /ground -water interaction. There will be particular focus collecting information on the changing dynamics stream aquifer interaction along Santa Rosa Creek, Mark West Creek, and the Laguna as ground -water pumpage increases. Note that there are currently eight active USGS gaging stations in the Santa Rosa Plain, but none of these stations have a long -term historical discharge record. The California Department of Water Resources (DWR) maintains a monitoring network of nearly 40 wells in the Santa Rosa Plain. Water levels in these wells are measured semi - annually. The network Cooperative Agreement To Provide Funding and Support Information For Santa Rosa Plain Groundwater Study B-5 will be evaluated to determine if additional wells need to be added in order to provide adequate data for continuing hydrologic studies. Data from the networks will be analyzed to assess any long -term trends in ground -water levels and relations between precipitation and water levels. As part of this study, USGS researchers in Geologic Discipline in Menlo Park will develop a geologic framework model of the major water - bearing units in the Santa Rosa Plain. This framework model will provide the starting point for our reassessment of the geohydrology of the area and initial development of the ground -water simulation model This framework modeling will be conducted as part of a geologic/ geophysical project being coordinated by Robert McLaughlin. The overall goal of that project is to define the three - dimensional geology through areal geologic mapping, geophysical surveys, and various topical studies (including geochronology, sediment transport patterns, and fault histories). A particularly valuable benefit of the parallel geologic/ geophysical study in the Santa Rosa plain relates to the possible additional data collection activities described later. These activities could provide a wealth of new hydrologic and geologic information. The Menlo Park geologists and geophysicists, whose salaries are already covered, would be interested and available to analyze such new data if the costs of the field work and some student assistants were covered. We will coordinate with the USGS geologic/ geophysical study to compile the most recent geologic and soil mapping, geologic and geophysical well logs, and regional geophysical surveys. We will use these data along with newly collected geochemical data to reassess the hydrostratigraphy of the ground- water basins. GIS coverages of aquifer geometries will be created. As much as possible, pumpage data will be complied from the relevant entities. When that is not available, especially for historical periods, pumpage will be derived from land -use and well- location data. Recharge areas will be identified using topography, geologic and soils maps, ground -water level records, and stable isotopes. Estimates of annual recharge will be made using data from precipitation stations, ground -water levels, water chemistry, and environmental isotopes (tritium). Estimates of evapotranspiration along the creeks, particularly the Laguna, will be estimated based on hydraulics and vegetation types and densities. Chemical data from this study, combined with data from other sources, will be used to identify geographic areas and depth zones where poor quality water exists and diminishes the quantity of potable water available. Particular concerns with iron, manganese, and arsenic will be addressed. Sampling for volatile organics compounds (VOCs) is not included as part of the basic data collection for the study, but is listed as a possible additional task. If such sampling is undertaken, characterization of the presence of low -level VOCs is in the regional ground -water system would also be completed. Note that data on low -level VOCs for the Santa Rosa Plain has recently been collected as part of the GAMA study. 4. Simulation Model of the Santa Rosa Plain A ground -water simulation model using MODFLOW will be developed for the Santa Rosa Plain. The model serves first as an analytic tool for synthesizing all available geohydrologic information. The completed model then can be used as a management tool to assess the hydrologic impacts of alternative water - management scenarios. As noted above, the initial determination of model layering will be based very closely on the three - dimensional geologic framework model to be developed by the USGS Geologic Discipline in Menlo Park. Based on the previous hydrologic investigations, the model will be designed to simulate conditions in the recent and older alluvium, the Glen Ellen Formation, the Merced Formation, and the Sonoma Volcanics. The model development will be based very closely on the new geologic framework work being conducted by the USGS Geologic Discipline. Data from the existing DWR water level Cooperative Agreement To Provide Funding and Support Information For Santa Rosa Plain Groundwater Study B-6 monitoring network will be used for model calibration. Both steady state and transient simulations will be conducted. In the current modeling of the Sonoma Valley, 1974 is being used for a steady state simulation. Because of the more extensive ground -water development in the Santa Rosa Plain, an earlier period may have to be used for steady -state simulation. The transient simulation would then extend from the steady state time period through to present conditions. It will be important that the model adequately represent the interaction between ground water and the major streams. As noted earlier, the surface water regime is likely to change as a result of changes in ground -water conditions. It also will be essential to accurately represent the hydraulic linkage between the Santa Rosa Plain and the adjacent basins - the middle Russian River system to the northwest, the Petaluma Valley to the south, and the Bennet, Rincon, and Kenwood Valleys to the east. The model will be a useful tool for testing the hydraulic impact of mapped faults in the basin using the Horizontal -Flow- Barrier package. Finally, the model will be formulated with the Inter -Bed Storage package, in order to have the capability of simulating subsidence. The model will be particularly valuable for simulating the likely long -term hydrologic consequences of alternative future scenarios. Scenarios would include a base case representing continued operation under current conditions. Other scenarios would likely consider shifts in pumping locations (both areally and vertically) and rates, ASR projects, and changes in delivery of Russian River. The model can also be used in a particle tracking mode. This enables detailed evaluation of the ground -water flow field and assessment of the potential advective transport of contaminants. POSSIBLE ADDITIONAL DATA COLLECTION ACTIVITIES In addition to the sampling and monitoring of existing wells and surface waters, there are additional data collection activities that could provide invaluable geohydrologic data. Many of these activities would take advantage of the available expertise in the USGS Geologic Discipline. These data collection tasks are described briefly here. A more detailed presentation of the specifics of the monitoring well drilling and coring is provided a separate document. Similarly detailed information, including costs, on the other possible additional data collection activities also can be provided. Drilling, coring, and logging deep (1200 -1500 ft.) drill holes and installation of multiple -well monitoring sites -- This task is described in detail in a separate document. In the course of evaluating existing well data - predominantly production wells with only driller's logs -- as part of the current cooperative USGS -SCWA study, it has become clear that there is a crucial need for strategically located deep multiple -well monitoring sites. Without at least a few such monitoring sites, it is not possible the thoroughly characterize the three - dimensional ground -water flow system in the Santa Rosa Plain or in the other Sonoma County basins. During the drilling of such sites, there would be detailed logging by USGS geologists providing accurate characterizations of lithology. At selected sites continuous coring would be conducted. The cores provide in situ sample of the materials and allow for direct assessment of lithology, detailed stratigraphy, paleontology, tephra , paleomagnetic orientation, hydraulic and thermal properties, and pore fluid chemistry. Once drilled, a broad suite of geophysical logs would be conducted in the borehole. Finally, four -to -six individual piezometers would installed at different depths to allow for long term monitoring of depth- dependent water levels and water quality. Additional water - quality sampling -- There is a broad range of additional water - quality sampling and analyses that could be conducted, including low -level VOCs, additional isotopes such as strontium, nitrogen, and boron. More extensive carbon and tritium helium analyses could also be considered. Cooperative Agreement To Provide Funding and Support Information For Santa Rosa Plain Groundwater Study I B-7 Depth- dependent sampling - The USGS has specialized equipment for conducting depth dependent water - quality sampling within production wells. Combined with flow -meter logging, this procedure can quantify the different vertical chemical inputs that are contributing to the overall bulk water - quality of water pumped from a production well. Areal Geologic Mapping -This would be used to focus and improve the 1:24,000 -scale geologic mapping around the Santa Rosa plain, to better carry surface stratigraphy into the third dimension, and to better define the distribution and recency of faults. Potential Field Geophysics - This would involve collection and interpretation of new detailed gravity data along with existing high - resolution aeromagnetic data. This work would be used to improve constraints on the shape of the basement (Franciscan) surface beneath the water bearing units, the location, shape, and offset of faults within and bounding the Plain, and the distribution of mafic volcanics of the Sonoma Group. High Resolution Seismic Reflection Profiling - This work would be used to image the subsurface reflectors from at least 50 m to 1 km deep, with the goals of exploring the stratigraphic organization and architecture of the basins and the details of bounding and internal faults. An ultimate long term goal would be to conduct a 10 -12 -km -long profile (NE -SW) across both the Windsor and Cotati basins and a NW -SE longitudinal survey ( -20 km long) to determine basin geometries and structure of sills between basins. REPORTS As currently planned a summary USGS report (WRIR), a fact sheet, and several journal articles would be completed as part of this study. In addition to the formal reports, progress reports, frequent meetings, and a website will be utilized to facilitate communication and coordination with SCWA and other relevant stakeholders. PERSONNEL The project will require four senior hydrologists/ geographers (1/3 to 1/2 time per year) focusing on the geohydrology, geochemistry, simulation modeling, and GIS. In addition, there would be a 1/4- time field technician in years 1 -4. At least two researchers from the USGS Geologic Discipline will work 1/8 to 1/4 time in years 1 and 2. BUDGET. COSTS: Federal fiscal year Year 1- Year 2- Year 3- Year 4- Year 5- (October 1- 2006 2007 2008 2009 2010 September 30 Labor and travel $283,000 $401,000 $400,000 $404,000 $296,000 Lab analysis, supplies, and $42,000 $57,000 $81,000 $40,000 $44,000 contracts TOTAL $325,000 $458,000 $481,000 $444,000 $340,000 Cooperative Agreement To Provide Funding and Support Information For Santa Rosa Plain Groundwater Study B-8 FUNDS: Federal fiscal year Year 1- Year 2- Year 3- Year 4- Year 5- (October 1 - 2006 2007 2008 2009 2010 September 30 X X X X Requested federal funds $125,000 $125,000 $125,000 $125,000 $125,000 Cooperative funds $200,000 $333,000 $356,000 $319,000 $215,000 TOTAL $325,000 $458,000 $481,000 $444,000 $340,000 As indicated above, a total of $125,000 in federal matching funds has been requested for all five years of the study. The exact amount of Federal funding is not certain at this point. Final determination of federal funding is expected by September, 2005. Additional costs would be incurred for any of the additional data collection activities. WORK PLAN The work plan assumes that the project will start in federal fiscal year 2006 (October 1, 2005 - September 30, 2006). It does not incorporate any of the additional data collection tasks. REFERENCES California Department of Water Resources, 1982, Bulletin 118 -4, Evaluation of ground water resources: Sonoma County, Volume 2: Santa Rosa Plain, 107 p. Cardwell, G.T., 1958, Geology and ground water in the Santa Rosa and Petaluma Valley areas Sonoma County: U.S. Geological Survey Water - Supply Paper 1427, 273 p. Friebel, M.F., Freeman, L.A., Smithson, J.R„ Webster, M.D., Anderson, S.W., and Pope, G.L., 2002, Water Resources Data, California, Water Year 2001, Volume 2, Pacific slope basins from Arroyo Grande to Oregon State line except Central Valley, Water -Data Report CA-01-02,450 p. Cooperative Agreement To Provide Funding and Support Information For Santa Rosa Plain Groundwater Study i 2006 2007 2008 2009 2010 Geographic information X X X X New Data Collection X X X Data interpretation and geohydrologic characterization (conducted collaboratively with X X X X ongoing geologic study) Simulation model of Santa Rosa Plain X X X X Reports preparation and review X X X REFERENCES California Department of Water Resources, 1982, Bulletin 118 -4, Evaluation of ground water resources: Sonoma County, Volume 2: Santa Rosa Plain, 107 p. Cardwell, G.T., 1958, Geology and ground water in the Santa Rosa and Petaluma Valley areas Sonoma County: U.S. Geological Survey Water - Supply Paper 1427, 273 p. Friebel, M.F., Freeman, L.A., Smithson, J.R„ Webster, M.D., Anderson, S.W., and Pope, G.L., 2002, Water Resources Data, California, Water Year 2001, Volume 2, Pacific slope basins from Arroyo Grande to Oregon State line except Central Valley, Water -Data Report CA-01-02,450 p. 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E 0r m 0 0 (D O O Q -0 cm m o .0 Y O W z J J w Z W. j Ca 0 :3 0O U N O 2 ATTACHMENT C Draft Joint Funding Agreement Form 9 -1366 U.S. Department of the Interior Agreement No. (Nov. 1998) U.S. Geological Survey Customer No. Joint Funding Agreement Project No. FOR WATER RESOURCES INVESTIGATIONS TIN #: THIS AGREEMENT is entered into as of the day of by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the , party of the second part. 1. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation , hereinafter called the program. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. (a) $ by the party of the first part during the period to (b) $ by the party of the second part during the period to (c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulation respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records or reports normally will be published by the party of the first part. However, the parry of the second - part reserves the right to publish the results of this program and, if already published by the party of the first part shall, Cooperative Agreement To Provide Funding and Support Information For Santa Rosa Plain Groundwater Study C-1 upon request, be furnished by the party of the first part, at cost, impressions suitable for purpose of reproduction similar a to that for which the original copy was prepared. The maps, records or reports published by either party shall contain statement of the cooperative relations between the parties. 9. Billing for this agreement will be rendered . Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B- 212222, August 23, 1983.). L-121 U.S. GEOLOGICAL SURVEY UNITED STATES By DEPARTMENT OF THE INTERIOR (Signature and Title) (Signature and Title) Michael V. Shulters, District Chief 0 (Signature and Title) (Signature and Title) Cooperative Agreement To Provide Funding and Support Information For Santa Rosa Plain Groundwater Study C_2 Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2v4 & 0 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 Two (2) Tuesdays prior to Council meeting dates • Agenda Items with related attachments via email to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting dates • Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than 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) week prior to Council meeting dates for compliance with Rohnert Park Municipal Code Section 2.08.050 {This section for City Clerk Use Only) Council: Miscellaneous Communications A da o4+ Copy to: Copy to: FOR RESO. NO, d;Z0 0-5 -07 ss' CITY OF ROIINERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: October 24, 2006 Department: Engineering Submitted By: Darin Jenkins, P.E., City Engineer/Public Works Director (Name & Me) Submittal Date: October 12, 2006 �a g /ob Agenda (Subject Only) Title: Amendment No. 3 to Task Order 2004 -14 between the City of Rohnert Park and Winzler & Kelly Consulting Engineers to Provide Supplemental Services Associated with the Eastside Trunk Sewer (City Project No. 2004 -5) Requested Council Action: Approve attached resolution amending Task Order 2004 -14 Summary: The City's General Plan, Public Facilities Plan and sewer modeling efforts all indicate the need for the construction of a new trunk sewer to serve planned development on the eastside of the City. On September 28, 2004 the City Council approved Task Order 2004 -14 with Winzler & Kelly Consulting Engineers to provide predesign services for this project. A subsequent amendment added detailed design in order to construct the project. Amendment 2 authorized the inclusion of widening Snyder Lane from Southwest Boulevard to Jasmine Circle. This Amendment 3 authorizes Winzler & Kelly to provide supplemental services for easement negotiations, public outreach, and the design of Snyder Lane improvements from Jasmine Circle to the north side of Rohnert Park Expressway. The work will be funded by deposits from developers and will have no impact on the City's General Fund or Sewer Enterprise Fund. Enclosures: Resolution, Amendment No. 3 to Task Order 2004 -14, Attachment "A ", Attachment "B" 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 Public HRequired ( ) Not Recommended ( ) SubmL,iwiltdhl om ment ( ) Policy Determination b cil ( ) City Comments: 1—J65� City Manager's Signature: A Date: 0 ri RESOLUTION NO. 2006- 255 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING AMENDMENT NO.3 TO TASK ORDER 2004-14 WITH WINZLER & KELLY CONSULTING ENGINEERS FOR SUPPLEMENTAL ENGINEERING SERVICES ASSOCIATED WITH THE EASTSIDE TRUNK SEWER PROJECT (CITY PROJECT NO. 2004-05) WHEREAS, Winder & Kelly will provide supplemental services for easement negotiations and public outreach related to the Trunk Sewer, and the design of Snyder Lane improvements from Jasmine Circle to the north side of Rohnert Park Expressway, as related to the City of Rohnert Park Eastside Trunk Sewer Project. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve Amendment No. 3 to Task Order No. 2004 -14 by and between Winzler & Kelly Consulting Engineers, a California Corporation, and the City of Rohnert Park, a municipal corporation, for design and supplemental services associated with the Eastside Trunk Sewer (City Project No. 2004 -05). BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute this amendment in substantially similar form to the attached amendment for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 2e day of October, 2006. ATTEST: City Clerk CITY OF ROHNERT PARK Mayor Tim Smith AMENDMENT NO.3 TO TASK ORDER NO. 2004-14 CITY OF ROHNERT PARK AND WINZLER & KELLY AUTHORIZATION OF PROFESSIONAL SERVICES TO PROVIDE SUPPLEMENTAL SERVICES ASSOCIATED WITH THE EASTSIDE TRUNK SEWER PROJECT (CITY PROJECT NO. 2004-05) SECTION 1— PURPOSE The purpose of this Task Order is to authorize and direct Winzler & Kelly to proceed with the work specified in Section 2 below in accordance with the provisions of the AGREEMENT between the City of Rohnert Park ( "City ") and Winzler & Kelly ( "Consultant ") hereto dated July 26, 2006. SECTION 2 — SCOPE OF WORK The items authorized by this Task Order are presented in Attachment A — Scope of Services and consists of tasks necessary to complete supplemental services for easement negotiations and public outreach related to the Trunk Sewer and the design of Snyder Lane improvements as part of the Eastside Sewer Trunk Project. SECTION 3 — COMPENSATION AND PAYMENT Compensation shall be as provided in the AGREEMENT between the parties heretofore referenced in SECTION 1 above. The total cost for services as set forth in SECTION 2 are presented in Attachment B and shall be actual costs (time and materials) not to exceed $143,630. SECTION 4 — TIME OF PERFORMANCE The work described in SECTION 2 is anticipated to be completed in summer ?,A SECTION 5 — ITEMS AND CONDITIONS All items and conditions contained in the AGREEMENT for professional services between City and Consultant are incorporated by reference. Approved this 20 day of October, 2006. CITY OF ROHNERT PARK WINZLER & KELLY ENGINEERS Stephen R. Donley, City Manager (Date) Marc Solomon, Region Manager (Date) Per Resolution No. 2006- 255 adopted by the City Council on October 24, 2006 ATTACHMENT "A" CITY OF ROHNERT PARK EASTSIDE TRUNK SEWER SCOPE OF SERVICES w AMENDMENT NO.3 SUPPLEMENTAL SERVICES Winzler & Kelly will provide supplemental services for easement negotiations and public outreach related to the Trunk Sewer, and the design of Snyder Lane improvements from Jasmine Circle to the north side of Rohnert Park Expressway, as related to the City of Rohnert Park Eastside Trunk Sewer as follows: Eastside Trunk Stw_er Tasks Task 1-- Easement Appraisal & Negotiations: Winzler & Kelly will meet with meet with representatives of COSTCO and Cotati Rohnert Park Unified School District (CRPUSD), prepare an appraisal in accordance with standard "Right of Way" appraisal practices, and negotiate acquisition of both temporary and permanent sewer easements crossing the COSTCO and CRPUSD property in Rohnert Park. Sales agreement and deeds will be prepared for execution by property owners and City. Deliverables: Appraisal Sales Agreements & Deeds Task 2 — Public Outreach: Winzler & Kelly will assist the City in executing a Public Outreach Plan, crafting and distributing construction information, and addressing and mitigating concerns with construction impacted residents, businesses, and schools. We will meet with schools and businesses directly impacted by construction to accommodate concerns. A web page will be maintained throughout construction to keep the public informed as the project progresses. A construction "hotline" will to respond to public questions. and or complaints. Deliverables: Web Page Construction Phone Hotline Media Material Snyder Lane Widening Tas - 1MfflingQrclg 12 Rohnert Park Ex resswa Task 1— Geotechnical Investigation: 1. No additional Geotechnical Investigation is proposed. 2. Consultant will review and utilize the finding of the geotechnical report for the original design segment of Snyder Lane (south of Jasmine) and review existing geotechnical data available from previously proposed improvements related to adjacent development projects. R values from these reports will be utilized for pavement design. 1 of 4 Task 2 — Easement(s) -- Temporary Construction Easement (TCE): 1. Consultant will obtain Title Reports for the following parcel(s): + No additional reports anticipated: 2. Consultant will perform field surveys to locate property boundary markers, where available, for the adjacent properties (i.e. subdivision north of Jasmine). 3. Neither a permanent easement, TCE, nor additional rights of way are anticipated for the proposed improvements related to this amendment. Task 3 - Utility Coordination, Locating & Potholing: 1. Existing utilities associated with the proposed signal installation and roadway improvements will be located. 2. No additional potholing is proposed. Task 4 - Supplemental Surveys L Consultant will prepare supplemental field surveys to support preparation of the contract drawings. The proposed supplemental coverage area is a swath approximately 50 feet wide and generally following the existing right of way along Snyder Lane, from Jasmine to Rohnert Park Expressway, and including the intersection or RPX and Snyder Lane, 2. Consultant will survey mark outs made by utility locator as applicable. Task 5 — Construction Documents: Task includes incremental additional effort related to the Snyder Lane/RPX Intersection project work associated with the following subtasks: 1. Consultant will prepare plans and specifications suitable for public bid. 2. Plans will detail the work to be completed (as applicable) including temporary facilities, abandonment and demolition of existing facilities, plan and profile drawings for new roadway, utility relocation design, construction details and conceptual traffic control plans showing allowable lane closures, work area, and detours. For traffic design components: Conceptual Signal Design and Modification plans will be prepared, including the lane geometries, changes to signing on signal poles, preliminary placement or relocation of poles, and existing and proposed new vehicle and pedestrian heads, pull boxes, controller and service cabinets, detector loops and luminaires. Based on comments received from the City .on the conceptual signal plans, Preliminary plans (90 percent submittal) will be prepared. These plans will include all of the existing and proposed new conduits, pullboxes, poles, vehicle and pedestrian heads, controller and service cabinets, luminaires, conductor and equipment schedules, preemption equipment, and all pertinent notes and legends. 2 of 4 3. Drawings will be prepared using AutoCAD Version 2006 software and formatted for 11" x 17" and 22" x 34" sheets. Consultant will utilize City standard details where applicable. Consultant will use its own drafting standards. 4. Specifications will establish the minimum level of quality acceptable including relevant reference standards, allowable materials and construction methods, and testing procedures and acceptance requirements. Consultant will also provide editing of the City's standard bid and contract forms to meet funding agency requirements and the specifics of the project. Special provisions for the traffic signal installation and modification will be prepared based on the Caltrans Special Provisions and modified to meet the City of Rohnert Park's requirements. Specifications and other documents will be prepared using Microsoft Word 2000 software in CSI format. 5. An estimate of probable construction cost will be provided with a detailed breakdown of material and labor costs organized by specification section, with a separate summary in the same format as the bid schedule. 6. A Progress Submittal will be made at an approximate 35% level of completion. Formal design submittals will be provided at the 90% and Final design levels. Review comments from the 90% submittal will be addressed and a Final design will be prepared for back -check review by the City. The City will receive six copies of the design submittals, with half -size (11" x 17 ") drawings. 7. Consultant will provide quality assurance and quality control review of each design submittal before submitting to the City. Task 6 — Bid Phase Services: Task includes incremental additional effort related to the Snyder Lane/RPX Intersection project work associated with the following subtasks: 1. Consultant will provide the City with photo -ready signed originals of the bid documents for reproduction by the City. Drawings will be provided in both full and half -size sets. 2. Consultant will attend the pre -bid meeting and job walk as a representative of the City and be prepared to address technical questions, as appropriate. 3. Consultant will respond to questions from plan holders and document responses. 4. Consultant will prepare addenda to be distributed to plan holders by the City. 5. Consultant will attend the bid opening at the City's offices in Rohnert Park. Consultant will evaluate bids and prepare the bid tabulation. A letter of recommendation for award will also be provided. 6. Consultant will prepare photo -ready conformed documents incorporating all addenda for reproduction by the City. Drawings will be provided in both full and half -size sets (5 EA, respectively). 3 of 4 Task 7 -- ]Project Management: Task includes incremental additional effort related to the Snyder LanefRPX Intersection project work associated with the following subtasks: 1. Consultant will conduct a project kickoff meeting with the City's staff. The kickoff meeting Will be used to communicate the project work plan, propose design alternatives, gather background information, and solicit comments and questions from the City. 2. Consultant will convene regular coordination meetings at its office in Santa Rosa to review progress to date, identify key issues on the critical path, and prepare action items for the next two -week period. The City will be invited to attend the coordination meetings at their option. 3. Consultant will submit progress reports each month summari zing the work accomplished, critical issues requiring resolution, and budget and schedule status. The progress reports will be submitted with invoices that identify the City's project number, hours worked, hourly charges with staff classifications, progress and percent completion. Task 8 — City Coordination and Support Services: Task includes incremental additional effort related to the Snyder LaneWX Intersection project work associated with the following subtasks: 1. Consultant will coordinate and support the City staff in various meetings (our fee includes S Meetings) and tasks such as reports to Council, attending meetings with staff, developers and others upon request, and attending design team meetings to communicate City administrative /policy requirements needed to make project implementation consistent with said City requirements. 2. Consultant will prepare record drawings following the completion of the project, Record drawings will be completed using clear and accurate markups provided by the contractor. 4 of 4 1 35% Plans 21350/o Specifications 3 35 % Cost Estimate 4i90% Plans - - - Eastside Trunk Sewer Project Amendment No. 3 - 2 16 9/13/2006 $63,91 12 - - - 40 86 D n Personnel Estimated Man - Hours b Project Item, __ PIC Pro' A/ C Pro' Staff Struct Elec Env urvey LLS Staff CADD Acct WP Total Data Geoff W -Trans Cousum- Other Total _Position Mgr 6 En r En r En r En r Bio Crew Survey 2 MH Instincts Hornsby abtes Costs Cost Task Description - Design Phase MS MM/BS TW TM MH SB EP 12; I JO __ AB LW_ BB AA 34 3000, $2,640 $195 $160 $165 $130 $110 $130 $110 $95 1 $260 1 $145 I $95 $110 $85 $65 _ $4,780 Subtotal 8 1 35% Plans 21350/o Specifications 3 35 % Cost Estimate 4i90% Plans - - - 4 - - 2 16 -- 12i $63,91 12 - - - 40 86 $11,000',_ - $4301 $21,76 5'90% Specifications 4 2. 16 - -- 8 - - - -- 8; - - 4 - 42 - -- $4,000'; $210' - $9,44 -- o -- - - - - - 6'95 /o Cost Estimate - 4 - 2 - - 4 12 - - -- 6 8 1 22 $1000 , $110 _ $3,92.. 7 Final Plans 4 2 16 - 121 12; 32 $660 78 8000 $3901 $17,84 8 Final Specs - - - 4 2' 12; 4; 8! - _ 4 34 3000, $2,640 $7,36 8' Final Cost Estimate 2 2' 4 12 $120' i i -- 20 1000 $100; $3,59 9 Landsca e & trri ation O tional' $4,780 Subtotal 8 12 - - 16 36 $180' $4,78 Total Fee 44 I t . Pre -bid Meeting &_Questiow 2 Addenda I :City Meetings 2 Coordination Meeting 3 Progress Report /Financial /P,oject Tracking I Council Meeting /External Coordination Meeting 2 Record Drawings - Subtotal 22 12 68 24 36 40 72 8 282 28000 1410 $63,91 1` i' € 4 4 $20, -_ -- t0 $501 $1,41.. Subtotal 6 8 1 14 $701 ` $2,070 4 _ - $20. $660 4 4 $20: $660 16 $2,640 Subtotal 24 I Ai 24 $120' i i $3,960 b 12 /6 36 $180! $4,780 Subtotal 8 12 - - 16 36 $180' $4,78 Total Fee 44 1 8 40 6 445 $34,50011 $16,000 11 528,000 11 $2,225 11 $800 $143,630 Resolution 2006=25.6 Awarding the Contract for the City Hall Relocation Project, Phase (Building Pad Grading), City Project No. 2004 -33 ITEM m • I t u). 0, Council: x Miscellaneous Communications A enda CITY OF ROHNERT PARK d >7 Co to: COUNCIL AGENDA ITEM TRANSMITTAL REPORT Co y to: Meeting Date: October 24, 2006 Department: Community Development Department Submitted By: Cas Ellena, Housing & Redevelopment Manager Submittal Date: October 10, 2006 Agenda Title: City Council Consideration of Extension of Ordinance Imposing Moratorium on Condominium Conversions Requested Council Action: Adopt Ordinance Extending Moratorium on Condominium Conversions Summary: In April 2006, the City received two applications for condominium conversion for Holly Manor and for The Commons. On August 8, 2006, the City Council directed staff to research whether the number of proposed condominium conversions warranted a moratorium on condominium conversions in order to permit staff to determine whether further regulations in this area are warranted. The City's Condominium Conversion Ordinance stipulates that a conversion application cannot be accepted if the City's vacancy rate for rental units is 5 percent or less. Research determined that the market data entities which provide market data for the area, one of which was utilized to support the two applications, do not provide a representative of all rental housing types in the City as required by the Ordinance (i.e. the vacancy rate did not consider senior units nor affordable units). Staff performed an in -house vacancy survey, inclusive of senior units and affordable units, which reflected a total of 3898 apartment rental units in the City with 190 vacancies. This indicates a current vacancy rate of 5 1/6, (not accounting for the units which may be converted from rental units to home- ownership units by the Holly Manor and The Commons conversions). The vacancy rate reflected by the in -house survey is lower than the vacancy rate provided by the Data Research Company for the two condominium conversion applications. On September 12, 2006, the City adopted an Urgency Condominium Conversion Ordinance (in accordance with Government Code Section 65858) which provided 45 -days for City Staff to determine the appropriate surveys to require of applicants as well as whether any additional regulations which may be needed to insure that the City's rental housing stock will remain at an acceptable level. Government Code Section 65858 also allows for the City to extend the moratorium for an additional 10 months and 15 days. Staff is working to implement methods to provide for a true assessment of the City's vacancy rate, including implementation of an annual mailing to all multi- family residential units (over 20 units) asking them to report vacancy rates each year. Staff is also contacting various market data resources to determine capacity and ability to provide the City's accurate vacancy rate. Staff needs additional time to research what the most appropriate surveys would be to require of applicants as well as whether any additional regulations are needed to insure that the City's rental housing stock will remain at an acceptable level. Staff recommends an extension of the Moratorium for the period of time necessary to determine the appropriate surveys to require of applicants, to determine the City's true vacancy rate, to determine whether any additional regulations are needed to ensure that the City's rental housing stock will remain at an acceptable level, and to determine what impact the two existing condominium conversion applications in process will have on the City's rental housing stock. In compliance with Government Code Section 65090, Notice of the public hearing regarding the City Council's consideration of the Ordinance Extending Moratorium on Condominium Conversions was noticed in the Press Democrat on October 13, 2006. Enclosures: - Public Hearing Notice - Urgency Ordinance Imposing Moratorium on Condominium Conversions CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney. _C VrY MANAGER'S RECOMMENDATION: ( ) Consent Item Approval ---- ubhc Hearing Required Not Recommended ( 4 Submitted with Comment ( ) Policy Determination ( } City Comments: City Manager's Signature Regular Time Date: ORDINANCE NO. 768 EXTENSION OF AN URGENCY ORDINANCE OF THE CITY OF ROHNERT PARK CONTINUING A MORATORIUM UPON CONDOMINIUM CONVERSIONS FROM OCTOBER 24, 2006 THROUGH AND INCLUDING SEPTEMBER 8, 2007 WHEREAS, Rohnert Park Municipal Code section 17.07.020(HH) regulates condominium conversions in the City; and WHEREAS, Rohnert Park Municipal Code section 17.07.020(HH)(2)(f) requires that an applicant for a condominium conversion submit a recent survey of rental housing located within the City that shows the current vacancy rate for the City; and WHEREAS, City staff has learned that the current provider of these surveys does not count low income or senior housing in its rental housing surveys; and WHEREAS, City staff believes that low income and senior housing should be included in rental housing surveys in order to determine whether or not a rental housing shortage exists in order to make an appropriate recommendation with regard to an application to convert rental housing to condominiums; WHEREAS, the City of Rohnert Park has received two applications to convert a total of 202 rental housing units to condominiums in the last year; and WHEREAS, the City of Rohnert Park has a total of 3,898 rental housing units in the City; and WHEREAS, the purpose of the City's condominium conversion ordinance is to "reduce the impact of such conversion on residents in the rental housing who may be required to relocate due to the conversion of apartments to condominiums;" and WHEREAS, in order to approve a condominium conversion application, the City must find that the proposed project will not result in a shortage of rental housing in the City; and WHEREAS, the City Council adopted a 45 -day moratorium on condominium conversions in accordance with the requirements of Government Code section 65858 on September 12, 2006; and WHEREAS, Government Code Section 65858 provides that the City's 45 -day moratorium may extended for an additional ten months and fifteen days; and WHEREAS, an extension is necessary because staff needs additional time to determine the appropriate surveys to require of applicants, to determine the City's true vacancy rate, to determine whether any additional regulations are needed to ensure that the City's rental housing stock will remain at an acceptable level, and to determine what impact the two existing condominium conversion applications in process will have on the City's rental housing stock. NOW, THEREFORE, the City Council of the City of Rohnert Park does hereby ordain as follows: 1. Section 1. Findings Declaration of Ur eg_n_c_y_ The City Council of the City of Rohnert Park hereby finds and declares that A. There is a need to adopt this urgency interim ordinance establishing a moratorium on condominium conversions, subject to the findings and conditions contained in this Ordinance. The City has received two applications to convert a total of 202 rental units to condominiums. There are a total of 3,898 rental units in the City. The City's condominium conversion currently states that there is a shortage of rental housing when the vacancy rate falls below five percent. Staff has learned that the vacancy rate surveys submitted by applicants currently do not include senior and low- income housing. In order to insure that the City maintains an adequate stock of rental housing, City staff needs time to determine the appropriate surveys to require of applicants as well as whether any additional regulations are needed to insure that the City's rental housing stock will remain at an acceptable level. B. If condominium conversions were to continue without the City verifying that an adequate stock of rental housing remains in the City, such conversions could conflict with the requirements of the City's General Plan, including its Housing Element. A shortage of rental housing would be detrimental to the public's health, safety, and welfare. Failure to enact this moratorium during the stated period may result in a significant, irreversible loss of rental housing in the City. Based on the foregoing, the City Council declares that this urgency ordinance is necessary to protect the public health, safety, and welfare while considering revisions to the City's condominium conversion ordinance. Section 2, Moratorium The City Council hereby declares a moratorium on any and all condominium conversions. Based on the findings set forth herein, no application for a condominium conversion may be accepted for the effective period of this Ordinance. Section 3 Conflicting Laws For the term of this Ordinance, as set forth in Section 5, the provisions of this Ordinance shall govern. To the extent that there is any conflict between the provisions of this Ordinance and the provisions of any other City Code, ordinance, resolution, or policy; aU such conflicting provisions shall be suspended. Section 4. Hardship Exception. The City, on a case -by -case basis, shall have the authority, upon a showing of good cause by an applicant, to waive the interim prohibition/moratorium imposed by this Ordinance and allow for the granting of permits to said applicant. Good cause shall mean a factual and evidentiary showing by the applicant that the interim moratorium, if not waived, will deprive the applicant of substantially all reasonable use of his or her property. All such applications for waiver shall be filed with the City Planning Department. Fees for waiver applications and associated appeals shall be the same as those charged for a Conditional Use Permit. Section 5. Effective Date and Period. This Ordinance is an urgency ordinance and shall take effect and be enforced immediately upon adoption. In accordance with Government Code section 65858, this Ordinance shall be in full force and effect from October 24, 2006, through and including September 8, 2007. Section 6. Publication and Posting. A summary of this Ordinance and the names of those Councilmembers voting for and against the Ordinance shall be published once in the Community Voice, a newspaper of general circulation, printed and published in Santa Rosa and circulated in the City ofRohnert Park, within fifteen days from and after its adoption. The City Clerk shall post at City Hall a copy of the full text of this Ordinance and the names of those Councilmembers voting for and against the Ordinance. This Ordinance shall take effect immediately upon its adoption. The foregoing urgency ordinance was introduced and duly adopted by a four -fifths vote of the City Council of the City of Rohnert Park, County of Sonoma, at the regular meeting of the City Council of such City, held on the 2e day of October, 2006 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF RORNERT PARK City Clerk Judy Hauff Mayor Tim Smith Approved as to form: Assists City Alto y enjamin Winig �OK oKDenIANCE 00. r}6 ' -,tv1co cil: CITY OF ROHNERT PARK Miseellaneou COUNCIL AGENDA ITEM TRANSMITTAL REPORT Communicati A ends b ' to: Meeting Date: October 24, 2006 to: Departm ent: Community Development Department Submitted By: Maureen Rich, Senior Planner Submittal Date: September 22, 2006 Agenda Title: City Council Review of Proposed Municipal Code Amendments (Tree Preservation and Protection) Requested Council Action: Introduction and adoption of an Ordinance amending Rohnert Park Municipal Code, Chapter 12.24 (Public Tree Care) of Title 12 - Streets and Sidewalks and Chapters 17.04 (Definitions) and 17.15 (Tree Preservation and Protection) of Title 17 - Zoning. Background: In July 2000, the Council adopted the City's General Plan. One of the policies in the Environmental Conservation Element (EC -12) requires the adoption of a Tree Ordinance. The proposed Ordinance, being considered by the Council, is intended to implement this General Plan policy. The new policy has been reviewed and is endorsed by the City's Arborist, Lew Edson. On August 25, 2006, the Planning Commission conducted a public hearing on the proposed amendments and recommended approval on a 4 -0 vote with the following addition to the end of Section 17.15.050 C. Location of replacement trees: "Every effort shall be made to replant the replacement trees on the site of the original tree removal." The City Attorney has advised, however, that such a provision is unenforceable. Therefore, revised language addressing the City Attorney's concerns appears in the ordinance itself There were no members of the public present to speak either for or against the proposed Ordinance. A subsequent meeting was conducted by the Commission on September 14, 2006 at Staff's request. The purpose of the meeting was to further discuss the exemptions on fully developed single family lots; no action was taken. Project Description: The General Plan offers policies that are intended to regulate habitat and biological resources. In particular, policy EC -12 which states: "Protect oaks and other native trees that are of significant size through the establishment of a heritage tree preservation ordinance." In response to this policy and controversial tree removals on private property, Planning Staff drafted a Tree Preservation and Protection Ordinance to assist in regulating trees located on private property. The adoption of this Ordinance would introduce to Title 17 - Zoning, a new Chapter 17.15 - Tree Preservation and Protection, and new definitions to Chapter 17.04 - Definitions. Adoption of this Ordinance would also amend Section 12.24.050 F. 1.c. of Chapter 12.24 - Public Tree Care (within Title 12 - Street and Sidewalks). Chapter 12.24 addresses tree care and treatment of street trees and trees within public places. Page I C:1Dowmet* and Settings) hauft%ocaI Setting U mpotary Internet HeAOLK23UMe Ordinance Amended Oct 12 CCRep 06 10 24 (2�doe The purpose of this report is to explain the details of the project as it relates to the proposed Municipal Code amendments. Project Analysis Chapter 12.24 PUBLIC TREE CARE Section 12.24.050 Tree planting, alteration, removal, relocation F. The provisions of this section shall not apply if the trimming, removal, or clearing of any street tree, tree or their branches or roots eliminates: a. Interference with the lines of any public utility, city water, sewer, storm drain lines, and open storm drain channels; b. Interference with any city streets, sidewalks, curbs and gutters, parks, or public activities. c. A public nuisance; or d. Interference with the maintenance of adequate lines of sight along city streets and entrances to such streets including lines of sight of vehicles and pedestrians to traffic control signs and signals. Discussion: The City Arborist has determined that the existing section, which allows for the removal of a public tree for aesthetic purposes, is too permissive and should be eliminated. Minor changes to the syntax were made for clarity sake and result in no substantive changes. Chapter 17.04 DEFINITIONS 17.04.030 Definitions of words and terms (beginning with the word tree under the heading "T"): "Tree' means any living, woody plant having a single trunk diameter of 4 Inches or more, or a combination of multiple trunks with a total diameter of 8 inches or more. The diameter shall be measured at a point 4.5 vertical feet above the undisturbed, natural grade. The diameter is the circumference divided by 3.14. The following six definitions shall apply when implementing Chapter 17.15 (Tree Preservation and Protection): Alter: To take an action that could foreseeably diminish the health or vigor of a tree. includes, but is not limited to, excessive or improper pruning of a tree, grade changes around or near a tree, excessive irrigation of a tree, and trenching within the root zone of a tree. The term after does not include periodic trimming, shaping, thinning, or pruning of a tree to preserve or protect its health, growth, or appearance in accordance with accepted arboricultural standards and practices. Dripiine: A line that may be drawn on the ground around a tree directly under its outermost branch tips which locates where rainwater tends to drip from the trees. When depicted on a map the dripiine will appear as an irregular shaped circle that follows the contour of the tree's branches as seen from overhead. Protected: Includes any tree which is not exempt pursuant to Section 17.15.030(8) (Exemptions), any tree which was required to be planted as environmental mitigation; or any tree, identified by Council resolution, as having protected tree status. Relocate: To move a tree from the place where it is growing and replanting it in another location in accordance with accepted arboricuitural standards and practices and with the intent and a reasonable expectation that the tree will survive and grow in the new location. Remove: The cutting down of a tree or the relocation of a tree in a manner that Is not in accordance with accepted arboriiculturai standards and practices. Value: The value of a tree shall be determined using the latest edition of the "Guide for Plant Appraisdl," published. by the Council of Tree and Landscape Appraisers. The appraisals shall be completed on the most recent "Form for Northern California," published by the international Society of Arboriculture (ISA). Page 2 Discussion: To provide clarity to terms that are used in the proposed Ordinance. Chapter 17.15 Tree Preservation and Protection 17.15.010 Purpose and Intent. The City Council of the City of Rohnert Park establishes that these policies, regulations and standards are necessary to ensure that the City will continue to realize the benefits provided by its urban forest and adopts this ordinance in the interest of public health and safety and with the intention to: A. Foster a vibrant, attractive, and healthy mixed -age and mixed - species urban forest; B. Establish and maintain existing and future tree cover on private lands in the city; and C. Maintain city trees in a healthy, attractive, and non - hazardous condition through good arboricultural practices. Discussion: In the few opening paragraphs of any ordinance, it is customary to provide a purpose and intent statement. In this ordinance the purpose is to encourage a mixed urban forest and maintain healthy trees within the city. Section 17.15.020 Applicability. The contents of this Chapter shall apply to ail trees as defined in Chapter 17.04 (Definitions) which are located on private lands except those trees which are exempted in Section 17.15.030(6) (Exemptions). Discussion: This ordinance would apply to trees located on private property. Public trees are regulated in Title 12, Chapter 24 (Public Tree Care). 17.15.030 Requirements. A. Application. No person shall alter, remove, or relocate any tree on private property that is not exempted by this Chapter, unless the Community Development Director or his /her designee has issued a Tree Removal Permit in accordance with Section 17.15.040 (Permit Processing). B. Exemptions. The following trees shall be exempt from the requirements of this Chapter: 1. A street tree, as defined in the Rohnert Park Municipal Code, Title 12 (Streets and Sidewalks), Section 12.24.020(H) , in which case alteration, removal, or relocation shall be governed by Chapter 12.24 (Public Tree Care); 2. Any proposed tree alteration, removal, or relocation which is part of a larger project. In such cases, the alteration, removal, or relocation shall be processed along with the primary entitlement request which was submitted for the project; 3. Tree pruning on private property which has been performed In conformance with the International Society of Arboriculture (ISA) standards and in which no more than one third of the tree canopy will be removed; 4. Trees which have been determined to be an imminent threat to the public's health, safety, or general welfare as determined by either the Director of public Safety, Director of Public Works, City's Arborist, or Director of Community Development; 5. Any of the following trees: Acacia spp.(Acacia), Ailanthus spp. (Breath of Heaven), Ugustrum spp. (Privet), Liquidambar styraciflua ( Liguidambar), or Pinus radiata (Monterey Pine); S. Any tree which, in the opinion of the City Arborist, is growing in an Inappropriate location and should be removed to preserve a structure or other real property. 7. Any tree which is located on a fully developed lot in an "R -L" zoning district that has been developed to its maximum density where the tree is neither a protected tree nor a tree that was planted as a replacement; 8. Orchard trees which have been planted or held for cash crop or commercial purpose. Discussion: This Ordinance would apply to trees on private property. Public trees (i.e., those which are located on public property) are, and would continue to be, regulated by Chapter 12.24 (Public Tree Care). Page 3 The main purpose of this Section is to list the trees and activities that are exempt from the regulations proposed and include: street trees, trees that are part of a larger project; tree pruning when it is done in conformance with accepted ISA practices, trees deemed to be dangerous or hazardous, certain tree species, non - protected trees that are located on fully developed R -L zoned lots, and trees used for commercial (cash crop) purposes. The pressing question is how this ordinance applies to a fully developed lot which is zoned "R -L ?" The answer is that if the lot is fully developed with a single family residential use and the tree in question is neither exempt (i.e., the tree is not an Acacia, Breath of Heaven, Privet, Liquidambar, or Monterey Pine), dangerous, or inappropriately located, then the property owner will need to first acquire a Tree Permit. 17.15.040 Permit Processing. A. Application content. For any tree that is not exempt pursuant to Section 17.15.030(8) (Exemptions), the following items shall be included with a Tree Removal Permit and shall be prepared and signed by a licensed and certified Arborist: 1. A site plan drawn to scale showing the location of the tree to be altered, removed or relocated, adjacent structures and utilities, and any other pertinent information; 2. A brief description of the tree(s), including number, type, diameter, height and reason for alteration, removal, or relocation; 3. A letter or report describing the health and condition of the tree; and 4. Photographs of the tree(s) to be altered, removed, or relocated. B. Review procedure. 1. Referrals. All applications shall be referred to the City Arborist for review and comment prior to any action or decision. 2. Processing. The Tree Removal Permit shall be processed pursuant to Article V of Chapter 17.25 (Administrative Permit) of this Code. 3. Findings. The Tree Removal Permit application shall be approved or conditionally approved if, on the basis of the application and supporting materials, each of the following findings can be made: i. The request is consistent with the General Plan goals, objectives and policies; ii. The request is consistent with the regulations and standards of the Rohnert Park Municipal Code; iii. The request is necessary in order to protect the public's health, safety and general welfare. Discussion: This section addresses the "how to" of permit processing. Generally, any person who wishes to remove a tree which is not exempt must submit an application to the Community Development Department. The application must be accompanied by information pertaining to the site, specifics related to the tree to be removed, and a report on the health of the tree. To insure that the information is appropriately reviewed and analyzed, all applications shall be referred to the City Arborist for review and comment. If the tree removal request is acceptable then the permit may be approved through an administrative process (i.e., notice to surrounding property'owners and a public hearing only when requested). 17.15.050 Tree Replacement. A. Required. Any non- exempt tree which has been approved for alteration, removal, or relocation shall be replaced in accordance with the formula in 17.15.050(B). (Replacement formula) unless other arrangements have been made in writing between the applicant and the City's Department of Community Development. B. Replacement formula. Tree replacement shall be based on the value of the tree as defined in 17.04.030 (Definitions of words and terms). An in -lieu fee which is equivalent to the appraised value of the tree(s) removed may be deposited with the City's Recreation and Parks Department. The funds may only be used toward tree planting and/or replanting within parks, public landscape areas or other areas deemed appropriate by the City of Rohnert Park. C. Location of replacement trees. If deemed feasible and appropriate by the City Arborist, replacement trees shall be replanted on the site of the original tree removal. otherwise, replacement trees may be located on any parcel within Rohnert Park city limits, depending on the feasibility and appropriateness of the site as determined by the City Arborist." Page 4 Discussion: This section provides information on how to calculate tree replacement that is based on the value of a tree removed. The industry convention involves utilizing the "Guide for Plant Appraisal" where the primary factors used to evaluate a tree include the: 1) species; 2) condition; 3) size; and 4) location. Once the value of the tree, to be removed, has been determined the applicant can either buy and plant a number of trees equivalent in value to the tree(s) being removed or deposit money in -lieu of tree replanting. In -lieu fees would be collected by the City's Recreation and Parks Department and may be used to plant trees anywhere within the City of Rohnert Park (as deemed appropriate). At the August 10, 2006 Planning Commission meeting, the Planning Commission recommended adding the following to paragraph C: "Every effort shall be made to replant replacement trees on the site of the original tree removal." However, the City Attorney has advised that such a provision is unenforceable. Thus, revised language appears above and in the ordinance itself. 17.15.060 Tree Protection During Construction. For the purpose of safeguarding trees during construction activities, the following conditions shall apply to all trees that have not otherwise been approved for alteration, removal, or relocation: A. Prior to commencement of construction activities, the property owner, developer, and/or contractor shall hire a licensed and certified Arborist to inventory all trees on the building site by size, species and location. B. The property owner, developer, and/or contractor shall erect protective barriers around all trees to be safeguarded on a construction site. The barrier's shall be in place prior to the start of construction activities, shall be at least five feet in height, and shall be placed directly beneath the dripline of the tree. Upon the completion of all construction activities, the barriers may be removed pending written authorization as provided by the Community Development Department. C. There shall be no storage of equipment, materials or chemicals, rinsing or dumping of paints, solvents, or cementitious products, or vehicle parking within the dripline of any tree to be preserved. D. No trenching shall be permitted within the dripline of any tree to be preserved unless authorized and conducted under the supervision of a licensed and certified Arborist. Discussion: This section instructs how to safeguard trees that will remain in place during construction. The requirements for tree protection include: 1) confirming that the field conditions are consistent with the original report and 2) installation of barriers to prevent material storage or disposal and trenching which would be damaging to the tree(s) to be protected. Barriers may only be removed after all of the construction has been completed and the City has granted written authorization to remove the barriers. 17.15.070 Security Deposits. In the interest of maintaining the purpose and intent of this Chapter, the City shall collect a security deposit from the property owner, developer, and /or contractor for any project which includes as a condition of project approval the protection and preservation of on or off site trees. The security deposit may be used to replace trees which were intended to be protected, but failed to survive for the minimum period of 24 months as measured from the date of project occupancy. A. Deposit amount. The property owner, developer, or contractor shall submit a security deposit equal to thirty percent of the value, as defined in 17.04.030 (Definitions of words and terms), of each tree for the first $25,000 in tree value. For tree values in excess of $25,000, applicant shall submit an additional security deposit equal to twenty percent of such value. The total security deposit for any project shall not exceed $30,000. B. Use of security deposits, in the event that a protected tree does not survive or is otherwise harmed as a result of site development within 24 months measured from the date of project occupancy, the City of Rohnert Park may use the security deposit funds to purchase replacement trees for on- or off -site use._ Tree replacement shall be determined in accordance with Section 17.15.050(B) (Replacement Formula). C. Security deposit exemptions. The following projects are exempt from the payment of security deposits: 1. Any project which was sponsored by the City of Rohnert Park. 2. A remodel or addition of a single family residence on a developed lot. D. Security deposit refund. Any unused portion of a security deposit shall be refunded to the entity or person who originally posted the security. Page 5 Discussion: To stress the importance of adhering to the requirements of this Chapter, any person who has the charge of protecting and preserving a tree(s) shall be required to deposit a security with the City. Generally, the security is based on a round figure of $40 for each square inch of tree trunk area measured 4.5 feet above grade. To illustrate, a tree with a six -inch diameter would have a trunk area of approximately 28.3 square inches' and a value of about $1,132. There are other variables that may increase or decrease the value such as size, species, location, and health. The corresponding security would total approximately $340 (30% of $1,132). Depending upon the condition of the tree, 24 months following project occupancy, the security deposit would either be released to the person who originally posted the security or kept by the City to compensate for a tree that has become ill or has perished. 17.15.080 Enforcement. A, Penalty. A violation of any of the provisions or failure to comply with any of the requirements of this Chapter shall be subject to the penalties set forth in Chapter 1.16 of the City's Municipal Code. Nothing in this section shall preclude or limit the City from seeking any manner of judicial relief for violations of this Chapter, including, but not limited to, seeking recovery of the value of any tree that is altered, relocated, removed or otherwise damaged in violation of this Chapter. The value of any tree altered, relocated, removed or otherwise damaged shall be consistent with Section 17.15.050(8) (Replacement formula). Discussion: The purpose of this section is to formalize the potential penalty for not abiding by the provisions of this ordinance. Code Amendments When considering an amendment to the Municipal Code, factors that must be considered by the decision - makers include: General Plan Consistency, benefits to the public's health, safety, and welfare; and potential impacts to the availability of housing sites which count toward the City's "Fair Share" of the regional housing needs used by the State Department of Housing and Development. General Plan Consistency General Plan Policy EC -12 states "Protect oaks and other native trees that are of significant size through the establishment of a Heritage Tree Preservation Ordinance." Criteria Satisfied: The proposed Tree Preservation and Protection Ordinance would apply to any tree that is not listed as exempt, including Oak trees. Benefits to the Public's Health, Safety and Welfare: Criteria Satisfied: Preserving and protecting private property trees would assist in beautifying, shading, and mitigating the `urban heat island effect2' by shading pavement and other dark surfaces through the cooling effects of the trees' natural evapotranspiration. Preservation of Housing Sites. Criteria Satisfied: The proposed ordinance does not impact parcels that are zoned or intended for development of housing that will be used to meet the State housing requirements. Environmental Review The proposed ordinance preserves and enhances the environment, in that the City ofRohnert park currently has no means for preserving trees on private property. In accordance with CEQA Section 15061(b)(3), "[C]EQA applies only to projects, which have the potential for causing a significant effect on the environment, Where it Trunk area at 45 above grade = f jr z 2 The effects resulting from the sun's energy being absorbed into a dark surface (usually black asphalt) which then increases the overall temperature of a micro -zone. Page 6 can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." Staff has determined that the amendments have no potential for causing a significant effect on the environment and are therefore exempt from CEQA review. Public Notification City Staff has complied with Planning and Zoning Law Chapter 2.7 (Public Hearings). Specifically, since the proposed amendment affects all of Rohnert Park and therefore more than 1,000 owners, an eighth page advertisement was placed in the local paper (Press Democrat) 10 days prior to this hearing. Recommendation The Department of Community Development and the Planning Commission recommend that the City Council introduction an Ordinance amending Rohnert Park Municipal Code: Title 17 Zoning Ordinance: Chapters 17.04 (Definitions) and 17.15 (Tree Preservation and Protection) and Title 12 - Public Streets: Chapter 12.24 (Public Tree Care). Attachments: - Public Hearing Notice - Planning Commission Minutes — August 10, 2006 - Planning Commission Resolution — 2006 -41 - Ordinance 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 Items Regular Time Approval Public Hearing Required ( ) Not Recommended ( } Submitted with Comment ( ) Policy Determination by Council ( } City Comments: /"\ _ r-, City Manager's Signature: Page 7 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: Council Chambers at the City Offices 6750 Commerce Boulevard Rohnert Park, California WHEN: Tuesday, October 24, 2006, at the hour of 6:00 p.m. or as soon thereafter as the matter is reached on the agenda. PURPOSE: To solicit input regarding the introduction and adoption of an Ordinance titled Tree Preservation and Protection and applicable to trees located on private property. Representatives of this proposal will be available to respond to questions. Related documents are available for review at City Hall upon request. All persons interested in this matter should appear at the October 24, 2006 City Council meeting. Written statements may be submitted 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. Questions regarding this matter should be directed to: Judy Hauff, City Clerk (707) 588 -2227, and/or Maureen Rich — Senior Planner 588 -2211 I Dated: October 14, 2006 Clerk Planning- Commission Minutes August 10. 2006 Revisions to Municipal Code File Flo. PL2006 -031 MC City of Rohnert Park — Tree Preservation consultants, statt has determined that the proposed Amendment conforms to the City's General Plan and recommends that the Planning Commission report the Amendment's conformance to the CDC and City Council. Upon further clarification and explanation by Ms. Ellena, a motion was made by Commissioner Adams, seconded by Commissioner Kilat to adopt Resolution No. 2006 -42 making a report determining the Amendment's conformance with the City's General Plan and recommending to the CDC and'City Council adoption of the Negative Declaration and approval and adoption of the Amendment. The motion passed with a 4 -0 vote. Maureen Rich gave the staff analysis. Ms. Rich reported that the General Plan offers policies that are intended to regulate habitat and biological resources, as specifically noted in policy EC -12 which states: "Protect oaks and other native trees that are of significant size through the establishment of a heritage tree preservation ordinance." In response to this policy as well as past and controversial tree removals on private property, Planning Staff has drafted a Tree Preservation and Protection Ordinance to assist in regulating trees located on private property. She stated that the adoption of a new Ordinance includes a new Chapter17.15 (Tree Preservation and Protection) in the Zoning Code. In addition, a minor correction is being proposed in Title 12 (Street and Sidewalks) of the Rohnert Park Municipal Code specifically, Chapter 12.24 (Public Tree Care) which addresses tree care and treatment of street trees and trees within public places. In so far as the chapter discusses public trees, it is silent on private property tree preservation and protection. Ms. Rich provided the commission with an outline of the proposed changes to existing chapters as noted above and gave a detailed presentation of the proposed new ordinance. She stated that based on the information provided, staff is recommending that the Planning Commission recommend to the City Council introduction of an Ordinance amending Rohnert Park Municipal Code: Title 17 — Zoning Ordinance: Chapter 17.15 (Tree Preservation and Protection) and Title 12 — Streets and Sidewalks: Chapter 12.24 (Public Tree Care). Discussion was held between Commissioners and staff concerning individual land owner tree issues on private property. Questions were raised whether the new regulations could be imposed onto a resident whose tree might be endangering or causing damage to an adjoining property or would that remain a civil matter between the two property owners. In most cases it would not fall under the proposed ordinance and those kinds of tree issues would remain a civil matter between the two parties. A concern was also raised regarding notification of the proposed new regulations regarding trees and tree removal to the residents of Rohnert Park. How would this information best be publicized so that residents would be aware of the requirements for the removal of trees on private property? Suggestions were made and it was the consensus of the commission to perhaps include an article in the local newspaper (The Community Voice) as.well as a flyer inserted into utility bills sent out by the city. It was the desire of the Commission to also ensure that every effort be made to plant replacement trees in the original location. A motion was made by Commissioner Adams 2 seconded by Commissinnr-r Kilat Planning Commission Minutes Auqust 10, 2006 to adopt Resolution No. 2006 -41 recommending to the City Council introduction of an Ordinance amending RP Municipal Code: Title 17 — Zoning Ordinance: Chapter 17.15 (Tree Preservation and Protection) and Title 12 — Streets and Sidewalks: Chapter 12.24 (Public Tree Care) with the following amendment: Section 17.15.050 Tree Replacement (C) add the language: However, every effort should be made to replant replacement trees on the site of the original tree removal and as approved by the City Arborist. The motion passed with a 4 -0 vote. Matters From Commissioner Stafford asked if staff had any knowledge regarding the sale of Commissioners Wendy's and possible expansion of the Wendy's site into Rohnert Park Retail Center. Ms. Rich indicated that she had no such knowledge but would ask the question of fellow staff members and report back. Matters from Planning Ms. Rich reported on the following: Staff . Memorandum from staff regarding Housing Element Law • Upcoming agenda items: Holly Manor/The Commons Condo Conversion, Tuff Shed Signage; Residential Parking Exemptions Ordinance Adjournment There being no further business, Chairperson Stafford adjourned the meeting at 8:10 PM until Thursday, August 24, 2006. Chairperson ecording Jerk PC RESOLUTION NO. 2006-41 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING TO THE COUNCIL OF THE CITY OF ROHNERT PARK AMENDING ROHNERT PARK MUNICIPAL CODE: TITLE 17 — ZONING ORDINANCE: CHAPTER 17.15 (TREE PRESERVATION AND PROTECTION) AND TITLE 12 — STREETS AND SIDEWALKS: CHAPTER 12.24 (PUBLIC TREE CARE). CITY FILE NO. PL2006 -031MC WHEREAS, policy EC -12 in the City of Rohnert Park's General Plan states: "Protect oaks and other native trees that are of significant size through the establishment of a Heritage Tree Preservation Ordinance;" and WHEREAS, the proposed Tree Preservation and Protection Ordinance furthers this General Plan policy in that it preserves and protects trees located on private property and trees with particular significance if so deemed by the Council; and WHEREAS, the Planning Commission of the City of Rohnert Park has reviewed and considered the findings and determinations proposed by Planning Staff, the oral and written staff reports, and comments, statements and other evidence presented by all persons, including members of the public, who appeared and addressed the Planning Commission on the proposed amendments for this project at the public hearing held on August 10, 2006 and the comments and materials submitted prior thereto; and WHEREAS, the Planning Commission of the City of Rohnert Park finds that pursuant to Section 15061(b)(3) of the Guidelines for CEQA that the project is exempt under the General Rule which states, "[t]hat CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." THEREFORE, BE IT RESOLVED, THAT THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. Findings. The Planning Commission, in recommending approval to the Council of the City of Rohnert Park, Planning Application No. 2006 -031 MC to amend Rohnert Park Municipal Code: Title 17 Zoning Ordinance: Chapter 17.15 (Tree Preservation and Protection) and Title 12 — Streets and Sidewalks: Chapter 12.24 (Public Tree Care) as follows: makes the following findings: I. The project is consistent with the General Plan specifically General Plan Policy EC -12 which states: "Protect oaks and other native trees that are of significant size through the establishment of a Heritage Tree Preservation Ordinance." The proposed Tree Preservation and Protection Ordinance would apply to any tree that is not listed as exempt, including Oak trees. 9, riLE: PL2006 -031MC DATE: 8/10,12006 COF ITEM: 2 PC RESOLUTION NO. 2006-41 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING TO THE COUNCIL OF THE CITY OF ROHNERT PARK AMENDING ROHNERT PARK MUNICIPAL CODE: TITLE 17 — ZONING ORDINANCE: CHAPTER 17.15 (TREE PRESERVATION AND PROTECTION) AND TITLE 12 — STREETS AND SIDEWALKS: CHAPTER 12.24 (PUBLIC TREE CARE). CITY FILE NO. PL2006 -031MC WHEREAS, policy EC -12 in the City of Rohnert Park's General Plan states: "Protect oaks and other native trees that are of significant size through the establishment of a Heritage Tree Preservation Ordinance;" and WHEREAS, the proposed Tree Preservation and Protection Ordinance furthers this General Plan policy in that it preserves and protects trees located on private property and trees with particular significance if so deemed by the Council; and WHEREAS, the Planning Commission of the City of Rohnert Park has reviewed and considered the findings and determinations proposed by Planning Staff, the oral and written staff reports, and comments, statements and other evidence presented by all persons, including members of the public, who appeared and addressed the Planning Commission on the proposed amendments for this project at the public hearing held on August 10, 2006 and the comments and materials submitted prior thereto; and WHEREAS, the Planning Commission of the City of Rohnert Park finds that pursuant to Section 15061(b)(3) of the Guidelines for CEQA that the project is exempt under the General Rule which states, "[t]hat CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." THEREFORE, BE IT RESOLVED, THAT THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. Findings. The Planning Commission, in recommending approval to the Council of the City of Rohnert Park, Planning Application No. 2006 -031 MC to amend Rohnert Park Municipal Code: Title 17 Zoning Ordinance: Chapter 17.15 (Tree Preservation and Protection) and Title 12 — Streets and Sidewalks: Chapter 12.24 (Public Tree Care) as follows: makes the following findings: I. The project is consistent with the General Plan specifically General Plan Policy EC -12 which states: "Protect oaks and other native trees that are of significant size through the establishment of a Heritage Tree Preservation Ordinance." The proposed Tree Preservation and Protection Ordinance would apply to any tree that is not listed as exempt, including Oak trees. 9, I�iLE: PL2006 -031MC DATE. 8/10 /2006 ITEM: 2 2. The project would benefit the publics' overall health, safety and welfare, insofar as preserving and protecting private property trees would assist in beautifying, shading, and mitigating the `urban heat island effect' by shading pavement and other dark surfaces through the cooling effects of the trees' natural evapotranspiration. 3. The proposed ordinance would not impact parcels that have been zoned for housing developments that have been targeted to meet state and regional housing requirements. Section 3. Enviromnental Clearance. In accordance with CEQA Section 15061(b)(3), "[C]EQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." The proposed Tree Preservation and Protection Ordinance would result in positive benefits to the environment, public health, safety and welfare and therefore staff has determined that the amendments are exempt from CEQA review. Section 4. Amendments. The Planning Commission does hereby recommend that the City Council approve Application No. PL2006 -031 MC amending Rohnert Park Municipal Code as follows: Title 12 Street and Sidewalks Chapter 12.24 Public Tree Care Section 12.24.050 Tree planting, alteration, removal, relocation. F. The provisions of this section shall not apply to the following: 1. The trimming, removal, or clearing of any street tree, tree or their branches or roots: a. From interfering with the lines of any public utility, city water, sewer, storm drain lines, and open storm drain channels; b. From interfering with any city streets, sidewalks, curbs and gutters, parks, or public activities; c. So as to eliminate a public nuisance; or d. From interfering with the maintenance of adequate lines of sight along city streets and entrances to such streets including lines of sight of vehicles and pedestrians to traffic control signs and signals. Title 17 Zoning Ordinance Chapter 17.04 Definitions Section 17.04.030 Definitions of words and terms (Beginning with the letter "T ") "Telecom hotel or carrier hotel" means facilities made to house equipment instead of people. "Temporary use /event/building" means a use, event, or building which will be in existence either seasonally or for a period of two years or less. "Townhouse ": See "dwelling, single - family, attached." "Trailer" means a vehicle without motor power, designed so that it can be drawn by a motor vehicle, to be used for human habitation or for the transporting of personal property. 10 1� 1LE: PL2006 -031 MC DATE: 8/10/2006 ITEM: 2 "Transitional housing" means housing provided for longer term (generally up to twenty -four months) with varying degrees of support services (e.g., life skills training, financial management, job hunting skills, as well as case management and counseling) to enable people to successfully transition to and maintain permanent housing. "Tree" means any woody plant measured 4.5 feet from the undisturbed grade and having a single trunk diameter of 4 inches or more or a combination of multiple thinks with a total diameter of 8 inches or more as measured 4.5 feet from the undisturbed grade; where the diameter is the circumference divided by 3.14. Alter: To take an action that could foreseeable diminish the health or vigor of a tree. Includes, but is not limited to, excessive or improper pruning of a tree, grade changes around or near a tree, excessive irrigation of a tree, and trenching within the root zone of a tree. The term alter does not include periodic trimming, shaping, thinning, or pruning of a tree to preserve or protect its health, growth, or appearance in accordance with accepted arboricultural standards and practices. Dripline: A line that may be drawn on the ground around a tree directly under its outermost branch tips which locates where rainwater tends to drip from the trees. When depicted on a map the dripline will appear as an irregular shaped circle that follows the contour of the tree's branches as seen from overhead. Protected: Includes any tree which is not exempt pursuant to Section 17.15.030.B. (Exemptions), any tree which was required to be planted as environmental mitigation; or any tree, identified by Council resolution, as having protected tree status. Relocate: To move a tree from the place where it is growing and replanting it in another location in accordance with accepted arboricultural standards and practices and with the intent and a reasonable expectation that the tree will survive and grow in the new location. Remove: The cutting down of a tree or the relocation of a tree in a manner that is not in accordance with accepted arboricultural standards and practices. "Truck terminal" means an area or building where cargo is stored and where trucks load and unload cargo on a regular basis. Chapter 17.15 Tree Preservation and Protection Sections 17.15.010 Purpose and Intent 17.15.020 Applicability 17.15.030 Requirements 17.15.040 Permit Processing 17.15,050 Tree Replacement 17.15.060 Tree Protection During Construction 17.15.070 Security Deposits 11 I-ILE: PL2006 -031MC DATE: 8/10/2006 ITEM: 2 17.15.080 Enforcement 17.15.010 Purpose and intent. The Council of the City of Rohnert Park establishes that these policies, regulations and standards are necessary to ensure that the city will continue to realize the benefits provided by its urban forest and adopts this ordinance in the interest of public health and safety and with the intention to: A. Foster a vibrant, attractive, and healthy mixed -age and mixed- species urban forest; B. Establish and maintain existing and future tree cover on private lands in the city; and C. Maintain city trees in a healthy, attractive, and non - hazardous condition through good arboricultural practices. 17.15.020 Applicability. The contents of this Chapter shall apply to all trees as defined in Chapter 17.04 (Definitions) which are located on private lands except those trees which are exempted in Section 17.15.030.B. (Exemptions). 17.15.030 Requirements. A. Application. No person shall alter, remove, or relocate any tree on private property that is not exempted by this Chapter, unless the Planning and Community Development Director or his/her designee has issued a Tree Removal Permit in accordance with Section 17.15.040 (Permit Processing). B. Exemptions. The following trees shall be exempt from the requirements of this Chapter and include: 1. A street tree, as defined in the Rohnert Park Municipal Code, Title 12 (Streets and Sidewalks), Section 12.24.020(H) , in which case alteration, removal, or relocation shall be governed by Chapter 12.24 (Public Tree Care); 2. Any proposed tree alteration, removal, or relocation which is part of a larger project, in which case, the alteration, removal, or relocation shall be processed along with the primary entitlement request which was submitted for the project; 3. Tree pruning on private property which has been performed in conformance with the International Society of Arboriculture (ISA) standards and in which no more than one third of the tree canopy will be removed; 4. Trees which have been determined to be an imminent threat to the public's health, safety, or general welfare as determined by either the Director of Public Safety, Director of Public Works, City's Arborist, or Director of Community Development; 5. Any of the following trees: Acacia spp., Ailanthus spp., Ligustrum spp., Liquidambar styraciflua, or.Pinus radiata; 12 FILE: PL2006 -031 MC DATE: 8/10/2006 ITEM: 2 6. Any tree which, in the opinion of the City Arborist, is growing in an inappropriate location and should be removed to preserve a structure or other real property. 7. Any tree which is located on a fully developed lot in an "R -L" zoning district that has been developed to its maximum density where the tree is neither a protected tree nor a tree that was planted as a replacement: 8. Orchard trees which have been planted or held for cash crop or commercial purpose. 17.15.040 Permit Processing. A. Application content. For any tree that is not exempt pursuant to Section 17.15.030B. (Exemptions), the following items shall be included with a Tree Removal Permit and shall be prepared and signed by a licensed and certified Arborist: 1. A site plan drawn to scale showing the location of the tree to be altered, removed or relocated, adjacent structures and utilities, and any other pertinent information; 2. A brief description of the tree(s), number, type, diameter, height and reason for alteration, removal, or relocation; 3. A letter or report describing the health and condition of the tree; and 4. Photographs of the tree(s) to be altered, removed, or relocated. B. Review procedure. I. Referrals. All applications shall be referred to the City Arborist for review and comment prior to any action or decision. 2. Processing. The Tree Removal Permit shall be processed pursuant to Chapter 17.25 Article V. (Administrative Permit) of this Code. 3. Findings. The Tree Removal Peen it application shall be approved or conditionally approved if, on the basis of the application and supporting materials, each of the following findings can be made: i. The request is consistent with the General Plan goals, objectives and policies; ii. The request is consistent with the regulations and standards of the Robnert Park Municipal Code; and iii. The request is necessary in order to protect the public's health, safety and general welfare. 17.15.050 Tree Replacement. A. Required. Any non- exempt tree which has been approved for alteration, removal, or relocation shall be replaced in accordance with the formula in 17.15.050B. (Replacement formula) unless other arrangements have been made in writing between the applicant and the City's Department of Community Development. B. Replacement formula. Tree replacement shall be based on the value of the tree as determined using the latest edition of the "Guide for Plant Appraisal ", published by the Council of Tree and Landscape Appraisers. ,The appraisals shall be completed on the 13 PILE:. PL2006 -031MC DATE: 8/10/2006 ITEM: 2 most recent "Form for Northern California ", published by the International Society of Arboriculture (ISA). An in -lieu fee which is equivalent to the appraised value of the tree(s) removed may be deposited with the City's Recreation and Parks Department. The funds may only be used toward tree planting and /or replanting within parks, public landscape areas or other areas deemed appropriate by the City of Rohnert Park. C. Location of replacement trees. Replacement trees shall be located on any parcel within Rohnert Park city limits depending on the feasibility and appropriateness of the site as determined by the City Arborist. However, every effort should be made to replant replacement trees on the site of the original tree removal and as approved by the City Arborist. 1715.060 Tree Protection During Construction. For the purpose of safeguarding trees during construction activities, the following conditions shall apply to all trees that have not otherwise been approved for alteration, removal, or relocation: A. Prior to commencement of construction activities, the property owner, developer, and/or contractor shall hire a licensed and certified Arborist to inventory all trees on the building site by size, species and location. B. The property owner, developer, and/or contractor shall erect protective barriers around all trees, to be saved, on a construction site. The barriers shall be in place prior to the start of construction activities, shall be at least five feet in height, and shall be placed directly beneath the dripline of the tree. Upon the completion of all construction activities, the barriers may be removed pending written authorization as provided by the Planning and Community Development Department. C. There shall be no storage of equipment, materials or chemicals, rinsing or dumping of paints, solvents, or eementitious products, or vehicle parking within the dripline of any tree to be preserved. D. No trenching shall be permitted within the dripline of any tree to be preserved unless authorized and conducted under the supervision of a licensed and certified Arborist. 17.15.070 Security Deposits. In the interest of maintaining the purpose and intent of this Chapter any project, which includes as a condition of project approval the protection and preservation of on or off site trees, shall require the City to collect a security deposit from the property owner, developer, and/or contractor. The security deposit may be used to replace trees which were intended to be protected, but failed to survive for the minimum period of 24 months as measured from the date of project occupancy. A. Deposit amount. The property owner, developer, or contractor shall submit a security deposit equal to thirty percent of the value of each tree for the first $25,000 in tree value. For tree values in excess of $25,000, applicant shall submit an additional security deposit equal to twenty percent of such value. The total security deposit for any project shall not exceed $30,000. B. Use of security deposits. In the event that a protected tree does not survive or is otherwise harmed as a result of site development within 24 months measured from the date of project _14 FILE: PL2006 -031 MC DATE: 8/10/2006 ITEM: 2 occupancy, the City of Rolunert Park may use the security deposit funds to purchase replacement trees for on- or off -site use. Tree replacement shall be determined in accordance with Section l 7.l 5.050B (Replacement Formula). C. Security deposit exemptions. The following projects are exempt from the payment of security deposits: 1. Any project which was sponsored by the City of Rohnert Park. 2. A remodel or addition of a single family residence on a developed lot. D. Security deposit refund. Any unused portion of a security deposit shall be refunded to the entity or person who originally posted the security. 17.15.080 Enforcement. Penalty. A violation of any of the pravisions or failure to comply with any of the requirements of this Chapter shall constitute an infraction. Moreover, nothing in this section shall preclude or limit the City from seeking any manner of judicial relief for violations of this Chapter, including, but not limited to, seeking recovery of the value of any tree that is altered, relocated, removed or otherwise damaged in violation of this Chapter. The value of any tree altered, relocated, removed or otherwise damaged shall be consistent with Section 17.15.050B (Replacement formula). THEREFORE BE IT RESOLVED, that the Planning Commission does hereby recommend to the Council of the City of Rohnert Park the introduction of an Ordinance to amend Rohnert Park Municipal Code: Title 17 — Zoning Ordinance: Chapter 17.15 (Tree Preservation and Protection) and Title 12 — Streets and Sidewalks: Chapter 12.24 (Public Tree Care). DULY AND REGULARLY ADOPTED on this 10th day of August, 2006, by the City of Rohnert Park Planning Commission by the following vote: Pam fford, Cha rpersc Attest: Susan A evedo, Recording S 'cretary Rohnert Park Planning Commission AYES: �' NOES: ABSENT: ABSTAIN: ADAMS CALLINAN A HUBLEY ! KILAT l STAFFORD ORDINANCE NO. 769 AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA AMENDING CHAPTER 12.24 (PUBLIC TREE CARE) AND TITLE 17 (ZONING ORDINANCE) OF THE ROHNERT PARK MUNICIPAL CODE TO ADDRESS TREE PRESERVATION AND PROTECTION WHEREAS, the purpose of the proposed Tree Preservation and Protection Ordinance is to implement General Plan Policy EC -12 which states, "Protect oaks and other native trees that are of significant size through the establishment of a heritage tree preservation ordinance;" WHEREAS, the proposed Tree Preservation and Protection Ordinance furthers this General Plan policy in that it preserves and protects trees located on private property and trees that the City Council has deemed to have particular significance; and WHEREAS, on August 25, 2006, the Planning Commission conducted a public hearing, reviewed the reports and testimony and recommended to the City Council adoption of the Ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, does hereby ordain as follows: SECTION 1. Recitation. That the above recitations are true and correct. SECTION 2. Findings. The City Council makes the following findings per Rohnert Park Municipal Code, Section 17.25.073, to wit: I . The project is consistent with the General Plan, specifically General Plan Policy EC-12, which states: "Protect oaks and other native trees that are of significant size through the establishment of a Heritage Tree Preservation Ordinance." The proposed Tree Preservation and Protection Ordinance would apply to any tree that is not listed as exempt, including Oak trees. 2. The project would benefit the public's overall health, safety and welfare, insofar as preserving and protecting private property trees would assist in beautifying, shading, and mitigating the `urban heat island effect' by shading pavement and other dark surfaces through the cooling effects of the trees' natural evapotranspiration. 3. The proposed ordinance would not impact parcels that have been zoned for housing developments that have been targeted to meet state and regional housing requirements. SECTION 3. The City Council of the City of Rohnert Park does ordain as follows: A. Section 12.24.050 (Tree Planting, alteration, removal, relocation) of Chapter 12.24 (Public Tree Care) of Title 12 ( Street and Sidewalks) of the Rohnert Park Municipal Code is amended as follows: A. Any person desiring to plant, engage in tree maintenance, after, remove, or relocate any street tree or any tree located on public places shall apply in writing to the director of public works to do so. The application shall state the number, identity, and location of each tree sought to be planted, maintained, altered, removed, or relocated; shall contain a statement of the reason(s) the permit is requested; and shall contain such other pertinent information as the director of public works may require. The application may also include documentation of any type, including written recommendations from a certified arborlst concerning the health, quality and desirability of alternatives to the tree or trees in question. 8. Property owners fronting along the proposed area of the tree planting, removals, or replacements will be notified. C:\DoaymeNa and SWft gs \Awffi.oiW &ffings\TwVway Internet Fiks\OL= \Tree Ord wive Amended Oct 12 0614 24 CMd (2�DOC 9Q418v1 80078/0012 C. Upon receipt of an application, the director of public works may make a determination as to the acceptability of the requested tree planting, maintenance, alteration, removal, or relocation including an analysis of: 1. The overall condition of the tree, including any diseases and pests that may or have attacked it, the tree's projected lifespan, the area the tree would hit if it, or any substantial part of it, were to fall, its symmetry and aesthetics, its proximity to existing structures, and any interference it may or has caused with underground or overhead utility lines. 2. The topography of land and the effect the tree may have on possible erosion or soil retention problems or on decreasing the flow or diversion of surface waters. 3. The number, species, size, and location of other existing trees in the area and the effect the requested action will have on shade areas, air pollution, historic values, scenic beauty, and the general welfare of the city. 4. Whether the request is supported by good urban forestry practices and standards such as, but not limited to, the number of healthy trees that a given parcel of land will support. D. Prior to making a determination on the application, the director of public works may inspect the tree(s) sought to be planted, maintained, altered, removed, or relocated. The director of public works may also refer the application to another department, board, commission or committee of the city, as deemed appropriate, and may cause such additional investigation to be made deemed necessary in order to make an informed decision on the application. E. If the director of public works approves an application to plant, maintain, alter, remove, or relocate a street tree or a tree located on public places, written notification shall be sent to the applicant. F. The provisions of this section shall not apply if the trimming, removal, or clearing of any street tree or its branches or roots eliminates: 1. Interference with the lines of any public utility, city water, sewer, or storm drain lines, or open storm drain channels; 2. Interference with any city streets, sidewalks, curbs and gutters, parks, or public activities; 3. A public nuisance; or 4. Interference with the maintenance of adequate lines of sight along city streets, and entrances to such streets, including lines of sight of vehicles and pedestrians to traffic control signs and signals. B. Section 17,04.030 (Definitions of words and terms) of Chapter 17.04 (Definitions) of Title 17 (Zoning) is amended to include the following new definitions (beginning with the word tree under the heading "T "): "Tree" means any living, woody plant having a single trunk diameter of 4 inches or more, or a combination of multiple trunks with a total diameter of 8 inches or more. The diameter shall be measured at a point 4.5 vertical feet above the undisturbed, natural grade. The diameter is the circumference divided by 3.14. The following six definitions shall apply when implementing Chapter 17,15 (Tree Preservation and Protection): Alter: To take an action that could foreseeably diminish the health or vigor of a tree. Includes, but is not limited to, excessive or improper pruning of a tree, grade changes around or near a tree, excessive irrigation of a tree, and trenching within the root zone of a tree. The term alter does not include periodic trimming, shaping, thinning, or pruning of a tree to preserve or protect its health, growth, or appearance in accordance with accepted arboricuitural standards and practices. Driptine: A line that may be drawn on the ground around a tree directly under its outermost branch tips which locates where rainwater tends to drip from the trees. When depicted on a map, the dripline will appear as an irregular shaped circle that follows the contour of the tree's branches as seen from overhead. Protected: Includes any tree which is not exempt pursuant to Section 17.15.030(B) (Exemptlons), any tree which was required to be planted as environmental mitigation-, or any tree, identified by Council resolution, as having protected tree status. C:\Do� and Settings)aufflomf Settings \Tem"my Internet FilesOLMUree, Ordinance Aid Oct 12 0610 24 CCOrd (2).DOC 96241M 80078/0012 Relocate: To move a tree from the place where it is growing and replanting it in another location in accordance with accepted arboricultural standards and practices and with the intent and a reasonable expectation that the tree will survive and grow in the new location. Remove: The cutting down of a tree or the relocation of a tree in a manner that is not in accordance with accepted arboricultural standards and practices. Value: The value of a tree shall be determined using the latest edition of the "Guide for Plant Appraisal," published by the Council of Tree and Landscape Appraisers. The appraisals shall be completed on the most recent "Form for Northern California,' published by the International Society of Arboriculture (ISA). C. Title 17 (Zoning) of the Rohnert Park Municipal Code is amended to read as follows: Chapter 17.15 TREE PRESERVATION AND PROTECTION Sections 17.15.010 Purpose and Intent. 17.15.020 Applicability. 17.15.030 Requirements. 17.15.040 Permit Processing. 17.15.050 Tree Replacement. 17.15.060 Tree Protection During Construction. 17.15.070 Security Deposits. 17.15.080 Enforcement. 17.15.010 Purpose and Intent. The City Council of the City of Rohnert Park establishes that these policies, regulations and standards are necessary to ensure that the City will continue to realize the benefits provided by its urban forest and adopts this ordinance in the interest of public health and safety and with the intention to: A. Foster a vibrant, attractive, and healthy mixed -age and mixed - species urban forest; B. Establish and maintain existing and future tree cover on private lands in the city; and C. Maintain city trees in a healthy, attractive, and non - hazardous condition through good arboricultural practices. 1715.020 Applicability. The contents of this Chapter shall apply to all trees as defined in Chapter 17.04 (Definitions) which are located on private lands except those trees which are exempted in Section IT15.030(B) (Exemptions). 17.15.030 Requirements. A. Application. No person shall alter, remove, or relocate any tree on private property that is not exempted by this Chapter, unless the Community Development Director or his/her designee has issued a Tree Removal Permit in accordance with Section 17.15.040 (Permit Processing). B. Exemptions. The following trees shall be exempt from the requirements of this Chapter. 1. A street tree, as defined in the Rohnert Park Municipal Code, Title 12 (Streets and Sidewalks), Section 12.24.020(H) , in which case alteration, removal, or relocation shall be governed by Chapter 12.24 (Public Tree Care); 2. Any proposed tree alteration, removal, or relocation which is part of a larger project, in such cases, the alteration, removal, or relocation shalt be processed along with the primary entitlement request which was submitted for the project; C:\DoaimeMs and Serlinps hauffl mal soningswenvormy Internet Files \0M3 \Trw Ordinance Amended Oct 12 0610 24 MOM (2�WC 962418v1 80078/0012 3. Tree pruning on private property which has been performed in conformance with the International Society of Arboriculture (ISA) standards and in which no more than one third of the tree canopy will be removed; 4. Trees which have been determined to be an imminent threat to the public's health, safety, or general welfare as determined by either the Director of Public Safety, Director of Public Works, City's Arborist, or Director of Community Development; 5. Any of the following trees: Acacia spp.(Acacia), Ailanthus spp. (Breath of Heaven), Ligustrum spp. (Privet), Liquidambar styraciflua ( Liquidambar), or Pinus radiata (Monterey Pine); S. Any tree which, in the opinion of the City Arborist, is growing in an inappropriate location and should be removed to preserve a structure or other real property. 7. Any tree which is located on a fully developed lot in an "R -L" zoning district that has been developed to its maximum density where the tree is neither a protected tree nor a tree that was planted as a replacement; 8. Orchard trees which have been planted or held for cash crop or commercial purpose. 17.15.040 Permit Processing. A. Application content. For any tree that is not exempt pursuant to Section 17.15.030(!3). (Exemptions), the following items shall be included with a Tree Removal Permit and shall be prepared and signed by a licensed and certified Arborist: 1. A site plan drawn to scale showing the location of the tree to be altered, removed or relocated, adjacent structures and utilities, and any other pertinent information; 2. A brief description of the tree(s), including number, type, diameter, height and reason for alteration, removal, or relocation; 3. A letter or report describing the health and condition of the tree; and 4. Photographs of the tree(s) to be altered, removed, or relocated, B. Review procedure. 1. Referrals. All applications shall be referred to the City Arborist for review and comment prior to any action or decision. 2. Processing. The Tree Removal Permit shall be processed pursuant to Article V of Chapter 17.25 (Administrative Permit) of this Code. 3. Findings. The Tree Removal Permit application shall be approved or conditionally approved if, on the basis of the application and supporting materials, each of the following findings can be made: i. The request is consistent with the General Plan goals, objectives and policies; ii. The request is consistent with the regulations and standards of the Rohnert Park Municipal Code; iii. The request is necessary in order to protect the public's health, safety and general welfare. 17.15.050 Tree Replacement. A. Required. Any non - exempt tree which has been approved for alteration, removal, or relocation shall be replaced in accordance with the formula in 17.15.050(B) (Replacement formula) unless other arrangements have been made in writing between the applicant and the City's Department of Community Development. B. Replacement formula. Tree replacement shall be based on the value of the tree as defined in 17.04.030 (Definitions of words and terms). An in -lieu fee which is equivalent to the appraised value of the tree(s) removed may be deposited with the City's Recreation and Parks Department. The funds may only be used toward tree planting and/or replanting within parks, public landscape areas or other areas deemed appropriate by the City of Rohnert Park. C. Location of replacement trees. if deemed feasible and appropriate by the City Arborist, replacement trees shall be replanted on the site of the original tree removal. Otherwise, replacement trees may be located on any parcel within Rohnert Park city limits, depending on the feasibility and appropriateness of the site as determined by the City Arborist. CADocnmenb and Sdtiagi\PauS\ 0M1 Se tWP \TW"WY Wemet Files 0LK23 \Tree Ovikame Amended Oct 12 0610 24 +CCOrd (2�DOC 962418v1 80078/0012 17.15.060 Tree Protection During Construction. For the purpose of safeguarding trees during construction activities, the following conditions shall apply to all trees that have not otherwise been approved for alteration, removal, or relocation: A. Prior to commencement of construction activities, the property owner, developer, and /or contractor shall hire a licensed and certified Arbonst to inventory all trees on the building site by size, species and location. B. The property owner, developer, and /or contractor shall erect protective barriers around all trees to be safeguarded on a construction site. The barriers shall be in place prior to the start of construction activities, shall be at least five feet in height, and shall be placed directly beneath the dripline of the tree. Upon the completion of all construction activities, the barriers may be removed pending written authorization as provided by the Community Development Department. C. There shall be no storage of equipment, materials or chemicals, rinsing or dumping of paints, solvents, or cementitious products, or vehicle parking within the dripline of any tree to be preserved. D. No trenching shall be permitted within the dripline of any tree to be preserved unless authorized and conducted under the supervision of a licensed and certified Arborist. 17.15.070 Security Deposits. In the interest of maintaining the purpose and intent of this Chapter, the City shall collect a security deposit from the property owner, developer, and /or contractor for any project which includes as a condition of project approval the protection and preservation of on or off site trees. The security deposit may be used to replace trees which were intended to be protected, but failed to survive for the minimum period of 24 months as measured from the date of project occupancy. A. Deposit amount. The property owner, developer, or contractor shall submit a security deposit equal to thirty percent of the value, as defined in 17.04.030 (Definitions of words and terms), of each tree for the first $25,000 in tree value. For tree values in excess of $25,000, applicant shall submit an additional security deposit equal to twenty percent of such value. The total security deposit for any project shall not exceed $30,000. B. Use of security deposits. In the event that a protected tree does not survive or is otherwise harmed as a result of site development within 24 months measured from the date of project occupancy, the City of Rohnert Park may use the security deposit funds to purchase replacement trees for on- or off -site use. Tree replacement shall be determined in accordance with Section 17.15.050(8) (Replacement Formula). C. Security deposit exemptions. The following projects are exempt from the payment of security deposits: 1. Any project which was sponsored by the City of Rohnert Park. 2. A remodel or addition of a single family residence on a developed lot. D. Security deposit refund. Any unused portion of a security deposit shall be refunded to the entity or person who originally posted the security. 17.15.060 Enforcement. A. Penalty. A violation of any of the provisions or failure to comply with any of the requirements of this Chapter shall be subject to the penalties set forth in Chapter 1.16 of the City's Municipal Code. Nothing in this section shall preclude or limit the City from seeking any manner of judicial relief for violations of this Chapter, including, but not limited to, seeking recovery of the value of any tree that is altered, relocated, removed or otherwise damaged in violation of this Chapter. The value of any tree altered, relocated, removed or otherwise damaged shall be consistent with Section 17.15.050(B) (Replacement formula). SECTION 4, EnvironmentM Clearance. In accordance with CEQA Section 15061(b)(3), "[C]EQA applies only to projects, which have the potential for causing a signfcant of bet on the C.\)) and SeWngsy'ha M oear SetinpUemporary Internet ReAOLK23Uree Ordinance Amended Oct 12 06 10 24 CCOrd (2).DOC 962418v1 80078/0012_ environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the enviromneut, the activity is not subject. to CEQA." There is no possibility that the preservation and protection of tomes would have a significant effect on the environment, and thus the adoption of the Ordinance has been determined to be exempt from CEQA review. SECTION 5. aeverabilijY. The City Council hereby declares that every section, paragraph, sentence, clause and phrase of this Ordinance is severable. If any section, paragraph, sentence, clause or phrase of this Ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases. SECTION 6. Effective Date. This ordinance shall be in full force and effective 30 days after its adoption, and shall be published and posted as required by law. Development applications that have been deemed complete pursuant to Government Code Section 65944 shall be processed in accordance with the laws and ordinances which were in effect at the time the application was deemed complete. This ordinance was introduced by the Council of the City of Rohnert Park on the day of 2006; and DUL YARD REGULARL YAD011ED this day of , 2006 by the following vote: AYES_ NOES: ABSENT: ABSTAIN: CITY OF ROHNERT PARK Mayor Tim Smith ATTEST: APPROVED AS TO(FORM: City Clerk Judy Hauff in Winig C :\Docwnents and SettmgsyhauflU,ocat Settingffemporary faterna Fites\0LK23 \Tree Ordinance Amended Oct 12 06 10 24 CCOrd (2).DOC 962418v1 8007810012 Council: g Miscellaneous Communications Agenda U 2 Copy to: copy to: COMMUNITY DEVELOPMENT COMMISSION BILLS FOR APPROVAL October 24, 2006 Checks 4551 - 4563 Dated October 11 -19, 2006 $20,756.03 TOTAL $20,756.03 FOR CDC RESO. NO. 2 0 d to -°-o?q Meeting Date Department: Submitted By: Submittal Date: Agenda Title: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK COMMISSION AGENDA ITEM TRANSMITTAL REPORT October 24, 2006 Community Development Department Cas Ellena, Housing & Redevelopment Manager October 10, 2006 Council: X Miscellaneous Communications A ends 0 Copy to: Coy to: /0/1f /06 C.,,- 4v- Loan Agreement by and Between the Community Development Commission of the City of Rohnert Park and Sonoma Mountain Business Cluster Requested Commission Action: Approve Resolution authorizing Loan Agreement by and between the Community Development Commission of the City of Rohnert Park and Sonoma Mountain Business Cluster Summary: The CDC is vested with the responsibility for carrying out the Redevelopment Plan (the "Redevelopment Plan ") for the Rohnert Park Redevelopment Project. Major goals of the Redevelopment Plan include stimulation of new private investment opportunities, encouragement of continued investment in the Project Area, and improvement of employment opportunities, economic stability and productivity. The Redevelopment Plan identifies various redevelopment activities proposed by the CDC to eliminate and prevent the spread of blight by initiating or providing other assistance for redevelopment activities, including redevelopment of land by private enterprise and the rehabilitation of existing structures in the Project Area. Health and Safety Code Section 33037(b) authorizes the CDC to advance funds for the purpose of assisting in making improvements necessary for the redevelopment or rehabilitation of blighted areas of the Project Area. Health and Safety Code Section 33444.5 authorizes the CDC to loan funds to owners or tenants for the purpose of rehabilitating commercial buildings or structures within the Project Area. The Five Year Implementation Plan for the Project Area specifies as one of its programs, an Infill Reuse Program for the purposes of redeveloping vacant properties and buildings to allow for economically viable use. Sonoma Mountain Business Cluster (the "Incubator") is a business incubator that has entered into a Lease Agreement with the owner of a currently vacant building at the former Agilent Technologies business (the "Property"). (Business incubation is explained in detail in the attached webpage from the National Business Incubation Association). The Incubator is focused on attracting and assisting in the development of new start -up companies that specialize in sustainable resources and medical technology. The Incubator anticipates that companies operating under its program will comprise a base of 50 jobs. In addition, it is anticipated that many graduating companies of the Incubator program will remain in close proximity to the Incubator site. Incubator and City staff would work to help encourage and assist these graduating companies to remain in Rohnert Park. The direct benefit to the CDC of job creation at the former Agilent site is augmented by significant indirect value. The Incubator is intended to serve as an attractant for other companies in the sustainable resources and medical technology fields. Additionally, the investment of the CDC would enhance the viability of Sonoma Mountain Village as it transitions from the abandoned Agilent site to a thriving new community, thus realizing some of the major goals of the Redevelopment Plan. The Incubator desires to improve the Property by constructing certain tenant improvements and installing certain equipment required for operation of a business incubator on the Property. The planned business incubator facility will include approximately 29,000 square feet of office and laboratory space (the "Improvements "). The Incubator is requesting a loan from the CDC to finance a portion of the Improvements in order to occupy and operate the Business Incubator Program on the Property. The 2006/07 Fiscal Year Community Development Commission Budget provides for $500,000 for the redevelopment of the former Agilent Technologies site. Attached for the CDC's consideration is a Loan Agreement which provides for a loan to the Incubator in the amount of $500,000 at 3% simple interest per year on the unpaid balance. So long as the Incubator completes the Improvements on the Property in accordance with the Loan Agreement, and continuously operates the Business Incubator Program in accordance with the Loan Agreement and is not in default under the Loan Agreement, there shall be no payments due and the entire outstanding principal and all accrued interest due and owning shall be forgiven in full ten years from the date of execution of the promissory note evidencing the loan. Enclosures: Resolution Loan Agreement NBIA webpage 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 Of Approval () Public Hearing Required ( ) Not Recommended () Submitted with Comment ( )Policy Determination b Co cil ( ) City Comments: City Manager's Signature: Da1e: `� 3usiness Incubation Facts - NB1A To see a Flash presentation of the Business Incubation FAQ, click here. For more facts and figures on business incubation, shop for the following titles in the NBIA Bookstore: 2002 State of the Business Incubation Industry Business Incubation Works Incubating in Rural Areas Incubating Technology Rusinesses Best Practices in Action 1998 State of the Business inttp:// wwv v. nbia .org /resource_centerllbus_inc_ facts /index.php What are business incubators? Business incubators nurture the development of entrepreneurial companies, helping them survive and grow during the start-up period, when they are most vulnerable. These programs provide their client companies with business support services and resources tailored to young firms. The most common goals of incubation programs are = creating jobs in a community, enhancing a community's entrepreneurial climate, retaining businesses in a community, building or accelerating growth in a local industry, and diversifying local economies. Click here for a more complete description of business incubation. Is business incubation a new industry? No. The term "business incubator" gained popularity in the media with the explosion and subsequent demise of so- called Internet incubators between 1999 and 2001, but the business incubation model traces its beginnings to the late 1950s. Click here for more information about the history of business incubation. How many business incubators are there? Today, there are about 1,000 business incubators in North America, up from only 12 in 1980. There are about 4,000 business incubators worldwide. The incubation model has been adapted to meet a variety of needs, from fostering commercialization of university technologies to increasing employment in economically distressed communities to serving as an investment vehicle. Incubation Industry What are the different types of business incubators? Incubation programs come in many shapes and sizes and serve a variety of communities and markets: • Most North American business incubators (about 90 percent) are nonprofit organizations focused on economic development. About 10 percent of North American incubators are for - profit entities, usually set up to obtain returns on shareholders investments. • 47 percent are "mixed- use," assisting a range of early -stage companies. • 37 percent focus on technology businesses. • 7 percent serve manufacturing firms. • 6 percent focus on service businesses. • 3 percent concentrate on community - revitalization projects or serve niche markets. • 44 percent of business incubators draw their clients from urban areas, 31 percent from rural areas and 16 percent from suburban areas. Nearly a tenth (9 percent) of all programs draw clients from outside their region or from outside the United States. Who sponsors business incubators? Incubator sponsors — organizations or individuals who support an incubation program financially — may serve as an incubator's parent or host organization or may simply make financial contributions to the incubator. � • About 25 percent of North American business incubators are sponsored by academic institutions- 0 16 percent are sponsored, by government entities. • 15 percent are sponsored by economic development organizations- * 10 percent are sponsored by for - profit entities. of 3 10/13/2006 1:49 PM dvhat Is Business Incubation? - NBIA What Is Business Incubation? 4 i You are here: NBIA Home > Resource Center -Learn About Business Incubation 6,J ro Click here for a short history of business incubation and NBIA. Principles and Best Practices of Successful Business Incubation Business Incubation Success Stories http:Uwww.nbia.org/ resource center what _is /index.php s -,f V, )1 A ny r� 10 results > What Is Business Incubation? Critical to the definition of an incubator is the provision of management guidance, technical assistance and consulting tailored to young growing companies. Incubators usually also provide clients access to appropriate rental space and flexible leases, shared basic business services and equipment, technology support services and assistance in obtaining the financing necessary for company growth. Incubators vary in the way they deliver their services, in their organizational structure and in the types of clients they serve. Highly adaptable, incubators have differing goals, including diversifying rural economies, providing employment for and increasing wealth of depressed inner cities, and transferring technology from universities and major corporations. Incubator clients are at the forefront of developing new and innovative technologies — creating products and services that improve the quality of our lives in communities around the world. The earliest incubation programs focused on a variety of technology companies or on a combination of light industrial, technology and service firms — today referred to as mixed -use incubators. However, in more recent years, new incubators have emerged targeting industries such as food processing, medical technologies, space and ceramics technologies, arts and crafts, and software development. Incubator sponsors have also targeted programs to support microenterprise creation, the needs of women and minorities, environmental endeavors and telecommunications. For information on incubation programs in your state, go to the Links to Member Incubators page or send an e-mail message to info(d)nbia.orq. of 2 10/13/2006 1:50 PM What Is Business Incubation? - NBIA bttp: / /Nvww.nbia.org /resource center what_is /index.php N.lj no<, a,:�d up to " a r,etcent due to rr-; nOmg. " Otr.er responses mcsudcd coo,niunr?,i =+ev tah�aticn Incubation programs, i))CUNtio ") ,,,nd - orntr. " §S This page was lasl updated on March 31. 2006. Please send your comments and suggestions to webmaster nbia.org Contents Copyright 2002 by NBIA. All Rights Reserved Worldwide. of 2 10/13/2006 1:50 PM RESOLUTION NO. 2006- 29 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA ( "CDC"), APPROVING A LOAN AGREEMENT BY AND BETWEEN THE CDC AND SONOMA MOUNTAIN BUSINESS CLUSTER WHEREAS, The CDC is vested with the responsibility for carrying out the Redevelopment Plan (the "Redevelopment Plan ") for the Rohnert Park Redevelopment Project (the "Project ") originally adopted by the City Council of the City of Rohnert Park on July 14, 1987, by Ordinance No. 479, as amended to date; and WHEREAS, As provided in Part IV of the Redevelopment Plan, the purposes and major goals of the Redevelopment Plan are, among other things, to eliminate and prevent the spread of blight and deterioration within the Project Area; to stimulate and provide new private investment opportunities by revitalizing property characterized by deterioration, blight or functional obsolescence and to encourage continued investment in the Project Area; to improve the visual image of the City and, specifically, the Project Area, by reinforcing existing assets and by expanding the potentials of the Project Area; and to improve employment opportunities, economic stability and productivity and to increase public revenues within the Project Area. Part IV of the Redevelopment Plan also identifies various redevelopment activities proposed by the CDC to eliminate and prevent the spread of blight by initiating or providing other assistance for redevelopment activities, including redevelopment of land by private enterprise or public agencies for uses in accordance with the Redevelopment Plan; the alteration, improvement, modernization, reconstruction, or rehabilitation, or any combination of these, of existing structures in the Project Area; and the replanning, redesign or original development of undeveloped areas which are stagnant or improperly utilized. Section W.B.1 of the Redevelopment Plan provides in part that owners and tenants of real property in the Project Area shall be given a reasonable opportunity to participate in redevelopment by rehabilitation or improvement of existing buildings or improvements or new development; and WHEREAS, Health and Safety Code Section 33037(b) authorizes the CDC to advance funds for the purpose of assisting in making improvements necessary for the redevelopment or rehabilitation of blighted areas of the Project Area; and WHEREAS, Health and Safety Code Section 33444.5 authorizes the CDC to loan funds to owners or tenants for the purpose of rehabilitating commercial buildings or structures within the project area; and WHEREAS, The Five Year Implementation Plan for the Project Area specifies as one of its programs, an Infill Reuse Program for the purposes of redeveloping vacant properties and buildings to allow for economically viable use; and WHEREAS, The 2006107 Fiscal Year Community Development Commission Budget provided for $500,000 for the redevelopment of the former Agilent Technologies site; and WHEREAS, Sonoma Mountain Business Cluster (the "Lessee ") has entered into a Lease Agreement with the owner of a currently vacant building at the former Agilent Technologies business park located within the Project Area at 1300 Valley House Drive, Suite 100 (the "Property ") to operate a business incubator specializing in sustainable resources and medical technology, Lessee's function is to assist technology entrepreneurs and start-up companies in achieving success through provision of an affordable physical infrastructure, an intellectual and entrepreneurial environment, a supportive service network and mentorship. Successful incubator operation will fulfill the purposes of creating jobs, revitalizing a vacated business park, enhancing learning opportunities at local colleges and universities, and advancing science in the spirit of social welfare; and WHEREAS, the Lessee desires to improve the Property by constructing certain tenant improvements and installing certain equipment (the "Improvements ") required for operation of a business incubator on the Property. The planned business incubator facility will include approximately 29,000 square feet of office and laboratory space (the "Business Incubator Facility "). Following completion of the Improvements on the Property, the Lessee intends to operate on the Property a business incubator (the "Business Incubator Program "); and WHEREAS, the Lessee is requesting a loan from the CDC to finance a portion of the Improvements in order to occupy and operate the Business Incubator Program on the Property. NOW THEREFORE BE IT RESOLVED, that the Community Development Commission of the City of Rohnert Park hereby approves the Loan Agreement by and between the Community Development Commission of the City of Rohnert Park and Sonoma Mountain Business Cluster, including without limitation the loan of funds to Lessee to assist in financing the Improvements to the Property and to facilitate the operation of the Business Incubator Program on the Property, as provided for under the Loan Agreement. BE TT FURTHER RESOLVED, that the Community Development Commission of the City of Rohnert Park hereby authorizes the Executive Director of the CDC to execute the Loan Agreement, subject to any minor, clarifying and conforming changes that may be approved by CDC's Counsel. The Executive Director is further authorized to take such actions and execute such documents as may be necessary to carry out the CDC's obligations under the Loan Agreement, including without limitation all actions necessary to fund the loan to Lessee in accordance with the terms and conditions set forth in the Loan Agreement. DULY AND REGULARLY ADOPTED this 2e day of October, 2006. COMMUNITY DEVELOPMENT COMMISSION OF ATTEST: THE CITY OF ROHNERT PARK Secretary Chairperson Tim Smith (2) LOAN AGREEMENT THIS LOAN AGREEMENT ( "Agreement ") is entered into as of -- ---,2006. by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF 1101-INERT PARK, a public body, corporate and politic, 'organized and. existing under the Community Redevelopment Law of the State of California (Health and Safety Code Section 33000 et seq.) (the "CDC "), and SONOMA MOUNTAIN BUSINESS CLUSTER, a California nonprofit public benefit corporation ( "Lessee "). RECITALS A. The CDC is vested with the responsibility for carrying out the Redevelopment Plan (the "Redevelopment Plan ") for the Rohnert Park Redevelopment Project (the "Project ") originally adopted by the City Council of the City of Rohnert Park on July 14, 1987, by Ordinance No. 479, as amended to date. B. As provided in Part IV of the Redevelopment Plan, the purposes and major goals of the Plan are, among other things, to eliminate and prevent the spread of blight and deterioration within the Project Area; to stimulate and provide new private investment opportunities by revitalizing property characterized by deterioration, blight or functional obsolescence and to encourage continued investment in the Project Area; to improve the visual image of the City and, specifically, the Project Area, by reinforcing existing assets and by expanding the potentials of the Project Area; and to improve employment opportunities, economic stability and productivity and to increase public revenues within the Project Area. Part IV of the Redevelopment Plan also identifies various redevelopment activities proposed by the CDC to eliminate and prevent the spread of blight by initiating or providing other assistance for redevelopment activities, including redevelopment of land by private enterprise or public agencies for 'uses in accordance with the Redevelopment Plan; the alteration, improvement, modernization, reconstruction, or rehabilitation, or any combination of these, of existing structures in the Project Area; and the replanning, redesign or original development of undeveloped areas which are stagnant or improperly utilized. Section IV.13.1 of the Redevelopment Plan provides in part that owners and tenants of real property in the Project Area shall be given a reasonable opportunity to participate in redevelopment by rehabilitation or improvement of existing buildings or improvements or new development. C. Health and Safety Code Section 33037(b) authorizes the CDC to advance funds for the purpose of assisting in making improvements necessary for the redevelopment or rehabilitation of blighted areas of the Project Area. Health and Safety Code Section 33444.5 authorizes the CDC to loan funds to owners or tenants for the purpose of rehabilitating commercial buildings or structures within the Project Area. D. Lessee has entered into a Lease Agreement (the "Property Lease ") with the owner. ( "Owner ") of a currently vacant building at the former Agilent Technologies business park 9582690 80121 /0003 located within the Project Area at 1300 Valley House Drive, Suite 100 (the "Property "). The Property consists of the Lessee's leasehold interest in a portion of the former Agilent Technologies business park, now commonly referred to as Sonoma Mountain Village, and more particularly described in Exhibit A, attached hereto and incorporated herein by reference. E. Lessee is a sector- focused business incubator specializing in sustainable resources and medical technology. Its function is to assist technology entrepreneurs and start-up companies in achieving success through provision of an affordable physical infrastructure, an intellectual and entrepreneurial environment, a supportive service network and mentorship. Successful incubator operation will fulfill the purposes of creating jobs, revitalizing a vacated business park, enhancing learning opportunities at local colleges and universities, and advancing science in the spirit of charity. F. Lessee desires to improve the Property by constructing certain tenant improvements and installing certain equipment, all as more particularly described in Exhibit B, attached hereto and incorporated herein by reference (the "Improvements "), required for operation of a business incubator on the Property. The planned business incubator facility will include approximately 29,000 square feet of office and laboratory space (the "Business Incubator Facility "). Following completion of the Improvements on the Property, the Lessee intends to operate on the Property a business incubator program ( "Business Incubator Program "), as more fully described in Exhibit C, attached hereto and incorporated herein by reference. G. The CDC wishes to provide a loan to assist Lessee in financing the Improvements in consideration for Lessee's construction and installation of the Improvements and future operation and management of the Business Incubator Program on the Property. AGREEMENTS NOW, THEREFORE, THE AGENCY AND LESSEE AGREE AS FOLLOWS: Section 1. Loan Commitment. A. In consideration for the Lessee constructing and installing the Improvements on the Property and operating the Business Incubator Program on the Property, the CDC shall loan Lessee the principal sum of FIVE HUNDRED THOUSAND DOLLARS ($500,000) (the "Loan ") to pay a portion of the costs for the Improvements, subject to the terms and conditions hereinafter set forth. B. The Loan shall be evidenced by and repaid pursuant to a promissory note (the "Note ") in substantially the form of Exhibit D, attached hereto and incorporated herein by reference. The Note provides that so long as Lessee completes the Improvements provided for in Exhibit B hereto, continuously operates the Business Incubator Program on the Property in accordance with Exhibit C hereto, and is not in default with respect to any terms or conditions set forth in this Agreement or the Note,_ there shall be no payments due under the Note. Further, 2 9582690 80121 /0003 so long as Lessee complies with said requirements; the entire outstanding principal and all accrued interest under the Note shall be forgiven in full ten (10) years following the date the Business Incubator Facility is open for business (as more particularly defined in the Note). C. The CDC shall pay Lessee the proceeds of the Loan upon satisfaction of all conditions precedent set forth in Section 5, below, and pursuant to the provisions of Section 6, below. The Loan proceeds shall be disbursed to the Lessee from time to time to pay for costs incurred by the Lessee for the Improvements, based upon evidence submitted to the CDC of such costs. Section 2. Restrictions on Lessee's Use of Proceeds. Lessee covenants that it shall use the proceeds of the Loan solely to finance the Improvements in accordance with Exhibit B, pursuant to valid, bona fide contracts made by Lessee in the ordinary course of its business. Lessee shall not use the Loan proceeds, or permit them to be used, for any purpose other than as set forth in this Section 2. The CDC shall not be responsible for any costs or charges incurred in the construction and installation of the Improvements, except for the Loan provided for hereunder. Section 3. Schedule of Performance of Improvement Obligations. Lessee shall commence and diligently proceed to take (or cause to be taken) all actions necessary, including obtaining all permits and approvals necessary, to undertake and complete the Improvements within the time set forth in Section 5, below. Section 4. Security for Loan. As security for performance of all Lessee's obligations to the CDC under this Agreement, including, but not limited to Lessee's payment of all amounts due under the Note, Lessee shall grant to the CDC a security interest in the Improvements, including Lessee's leasehold interest under the Property Lease and Lessee's interest in the Improvements constructed and installed by or on behalf of Lessee on the Property, which security shall be evidenced by the filing of a UCC -1 Financing Statement with the California Secretary of State. In addition, Lessee shall obtain from Owner an agreement and waiver by Owner of any rights Owner may have in the Improvements, which agreement and waiver (the "Owner's Waiver ") shall be in substantially the form attached hereto as Exhibit E and incorporated herein by reference. Section 5. Conditions to Funding. As a condition precedent and prior to delivering the proceeds of the Loan to Lessee, Lessee shall submit to the CDC the following, all of which shall be subject to the approval of the CDC: A. Copy of Lessee's executed Property Lease, showing that the Lessee holds a vested leasehold interest in the Property.. B. Copy of a construction contract with Lessee's contractor(s) for the Improvements to be constructed and installed on the Property. 3 9582690 80121/0003 C. Evidence satisfactory to the CDC that, in addition to the Loan, the Lessee has sufficient equity capital or financing commitments necessary to undertake and complete the construction and installation of all tenant improvements and equipment necessary for the Business Incubator Program to open for business. D. The Promissory Note, fully executed by Lessee (Exhibit D). E. Certificates of insurance, as required by Section 7 of this Agreement. F. Evidence that Lessee has obtained (or caused to be obtained) all permits and approvals necessary to undertake and complete the Improvements. G. Owner's Waiver, fully executed by Owner (Exhibit E). H. Evidence that Lessee is a lawfully formed 501(c)(3) not -for -profit corporation, licensed to do business in the State of California. The Loan proceeds may be disbursed to, or on behalf of, Lessee in one or more disbursements; provided each such disbursement shall be based on evidence submitted by Lessee of the costs incurred by or on behalf of Lessee for the construction of the Improvements. If the Lessee fails to satisfactorily complete all of the conditions precedent set forth above by September 30, 2007, then the CDC, in its sole discretion, may terminate this Agreement by delivering written notice of such termination.to the Lessee. Following such termination, neither party shall have any further rights, duties or obligations hereunder, and the CDC shall have no obligation to fund any portion of the Loa„ provided for hereunder. Section 6. Loan Closing. The CDC shall deliver the proceeds of the Loan, or portions thereof, as applicable, to the Lessee upon satisfaction of all the conditions set forth in Section 5, above. Concurrently with delivery of the first disbursement of proceeds of the Loan to the Lessee, the CDC shall file the UCC -1 Financing Statement with the California Secretary of State. The Lessee shall pay all fees, charges and costs related to the Loan, including without limitation any filing fees incurred by CDC for filing of the UCC -1 Financing Statement. Section 7. Insurance. A. ' Worker's Compensation. Lessee, at its own cost and expense, shall carry and maintain full Worker's Compensation Insurance and Employer's Liability with limits as required by California law with an insurance carrier reasonably satisfactory to the CDC. The policy shall provide that no cancellation, major change or expiration shall become effective or occur until at least thirty (30) days after receipt of written notioe by the CDC. 0 9582690 80121/0003 B. Liability and Property Damage. 1. Lessee, at its own cost and expense, shall maintain a commercial general liability policy written on an occurrence basis with a combined single limit of TWO MILLION DOLLARS ($2,000,000). The CDC, the City, and their officers and employees, shall be named as additional insured. The policy shall cover the Property. 2. Lessee at its own cost and expense, shall also maintain an all risk form of casualty insurance, full replacement value. The CDC shall be named a loss payee under the policies to the extent of its interest. The policies shall cover the Property including the improvements, fixtures and equipment for which the proceeds of the Loan are to be used as set forth in Section 2 of this Agreement. 3. All insurance shall be with insurers and under forms of policies satisfactory in all respect to the CDC and shall provide that notice must be given to the CDC at least thirty (30) days prior to cancellation or material change. The policies shall stipulate that this insurance will operate as primary insurance and that no other insurance effected by the CDC will be called upon to contribute to a loss suffered by Lessee hereunder. 4. Lessee agrees to furnish any certificates of insurance evidencing the above - described policies as requested by the CDC. Such certificates must be returned to CDC and approved by the CDC before any payments will be made under this Agreement. Upon notification of receipt by the CDC a notice of cancellation or major change in coverage, Lessee shall file with the CDC a certified copy of the required new or renewal policy and certificates for such policy. Section 8. Indemnification. Lessee shall defend, assume all responsibility for and hold the CDC and the City, and their respective officers and employees, harmless from all demands, claims, actions and damages to any person or property arising out of or caused by any of Lessee's activities under this Agreement, whether such activities or performance thereof be by Lessee or anyone directly or indirectly employed or contracted with by Lessee and whether such damage shall accrue or be discovered before or after completion of the Improvements. Section 9. Prevailing Wages. In the event it is determined that any of the Improvements are considered to be public works under State law, Lessee shall and shall cause its contractor(s) and subcontractors to pay prevailing wages in the construction. and installation of the Improvements as those wages are determined pursuant to Labor Code Sections 1720 et seq. and implementing regulations of the Department of Industrial Relations and comply with the other applicable provisions of Labor. Code Sections 1720 et seq. and implementing regulations of the Department of Industrial Relations. Lessee shall and shall cause its contractor(s) and 5 958269v3 80121 /0003 subcontractors to keep and retain such records as are necessary to determine that prevailing wages have been paid as required by law. Lessee shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the CDC) CDC and City against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including I- essee, its contractor(s) and subcontractors) to pay prevailing wages as required by law or to comply with the other applicable provisions of Labor Code Sections 1720 et seq. and implementing regulations of the Department of Industrial Relations in connection with construction and installation of the hmprovements or any other work undertaken in connection with the Property or this Agreement. The foregoing indemnity shall survive any termination of this Agreement. Section 10. Maintenance of Records. A. Maintenance of Records. Lessee shall maintain all necessary books and records, including property, personal and financial records, in accordance with requirements prescribed by CDC with respect to all matters covered by this Agreement. Such records shall be maintained for a period of three (3) years after receipt of the final payment under this Agreement. B. Documentation on Expenditures. Lessee shall document all expenditures under this Agreement with properly executed payroll, time records, invoices, contracts, vouchers or other official documentation evidencing in appropriate detail the nature and propriety of the charges. All checks, payroll, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. C. Access by CDC. Lessee, at such time and in such forms as CDC may require, shall furnish to CDC statements, records, reports, data and information pertaining to matter covered by this Agreement. Upon request for examination by CDC, Lessee at any time during normal business hours, shall make available all of its records with respect to all matters covered by this Agreement. Lessee shall permit the CDC to audit, examine and make excerpts or transcripts from these records. Section 11. Nondiscrimination. Lessee, for itself and its successors and assigns, agrees that in the performance of the Improvements provided for in this Agreement, the Lessee will not discriminate, and will not allow any discrimination against any employee or applicant for employment because of race, color, creed, religion, sex, marital status, ancestry or national origin. _ 6 9582690 80121/0003 Lessee covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall the Lessee itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property. Section 12. Default. A. Defaults. Any one or all of the following events shall constitute a default by Lessee: Any inaterial misleading statement, misrepresentation or warranty of Lessee herein or in any other writing at any time furnished by Lessee to CDC; 2. Nonperformance when due of any of the obligations described herein, or failure to perform any obligation or covenant contained herein where such nonperfornance continues for thirty (30) days after written notice thereof by CDC to Lessee; provided, however, that if the nature of the default is such that such default cannot reasonably be cured within the 30 -day period, Lessee shall not be deemed to be in default if Lessee shall within said 30 -day period commence such cure and thereafter diligently prosecute the same to completion; 3. The filing by or against Lessee of a petition for relief under the Bankruptcy Reform Act of 1978 or any bankruptcy or debtor relief law; 4. A general assignment by Lessee for the benefit of creditors or the appointment of any receiver or trustee of all or any portion of the assets of Lessee; 5. A determination by CDC based upon evidence that there exists; or the actual existence of, any material deterioration or impairment in the ability of Lessee to meet Lessee's obligations to the CDC under this Agreement or the Note evidencing the Loan; 6. The filing of any liens, levy, attachment, executions, tax assessments or similar processes against Lessee's interest in the Property or the Improvements not released within twenty (20) days; 7. The transfer or assignment of this Loan Agreement or the Note without approval by the CDC; 7 9582690 80121/0003 8. Failure of the Lessee to complete the Improvements, or any portion thereof, in accordance with Exhibit B hereto, within the time set forth in Section 5 of this Agreement, subject to any extensions of time mutually agreed to by the parties; 9. Lessee fails to use the Loan proceeds for any purpose other the purposes set forth in Section 2 of this Agreement; or 10. Lessee fails to continuously operate the Business Incubator Program on the Property in accordance with the terms and conditions set forth in Exhibit C hereto. B. Remedies. Upon the occurrence of a default, the CDC, at its option, may declare this Agreement to be in default and, in such event, the CDC shall have all of the rights and remedies prescribed in the Note and at law or in equity. Following an event of default, the CDC shall have no further obligation to disburse all or any portion of the Loan. C. No Liability of CDC Member. No member, official or employee of the CDC or City shall be personally liable to Lessee, or any successor in interest, in the event of any default or breach by CDC under this Agreement or for any amount which may become due to Lessee or any successor or on any obligations under the terms of this Agreement. Section 13. Miscellaneous Provisions. A. Transfer or Assignment. As long as any balance of the Note is remaining to be paid, the Lessee shall not transfer or assign this Loan Agreement, the Note, or its leasehold interest in the Property or its interest in any of the Improvements without prior written approval by the CDC. Approval of any such transfer or assignment shall be at the sole discretion of the CDC. B. Interest of Members of CDC. No member of the governing body of the CDC and no other officer, employee or agent of the CDC who exercises any functions or responsibilities in connection witb the carrying out of the CDC's work shall have any personal interest, direct or indirect, in the Agreement. 8 9582690 80121/0003 C. Charges Incurred Under Agreement. All advances, charges, costs and expenses incurred or paid by the CDC in exercising any rights, power or remedy conferred by this Agreement or in the enforcement thereof resulting from any default of Lessee, shall be paid to the CDC by Lessee within ten (10) days and without demand, with simple interest thereon at the rate equal to the lower of the highest rate then allowed by law or two percent (2 %) over the prime interest rate announced by Bank or America, as of the date of the default. D. Compliance With Governmental Regulations. Lessee shall, at its sole cost and expense, comply with all applicable municipal, county, state and federal laws, rules, regulations and ordinances now in force, or which may hereafter be in force, pertaining to any and all activities contemplated under this Agreement, including, but not limited to, issuance of building and use permits and compliance with all federal and state labor laws. E. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, to the jurisdiction of which the parties hereto submit. F. Time of the Essence. Time is of the essence of each and every provision of this Agreement. G. Notices. Notices or other communications given under this Agreement shall be in writing and shall be served personally or transmitted by first class mail, postage prepaid. Notices shall be deemed received either at the time of actual receipt or, if mailed in accordance herewith, on the third (3rd) business day after mailing, whichever occurs first. Notices shall be directed to the parties at the following addresses or at such other addresses as the parties may indicate by notice: CDC: Community Development Commission of the City of Rohnert Park 6750 Commerce Blvd. Rohnert Park, CA 94928 Attention: Executive Director 9582690 80121 /0003 9 H. Headings. The titles and headings of the various sections of this Agreement are intended solely for reference and are not intended to explain, modify or place any interpretation upon any provision of this Agreement. I. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such or the remaining provisions of this Agreement. J. Waiver. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not sirmlar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executing in writing by the party making the waiver. K. Number and Gender. As used in this Agreement, the masculine, feminine or neuter gender, and the singular or plural number, shall each include the others whenever the context so indicates or requires. L. Further Assurances. The parties shall execute, acknowledge, file or record such other instruments and statements and shall take such additional action as may be necessary to carry out the purpose and intent of this Agreement. M. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties' respective legal representatives, successors and assigns. N. Entire Agreement. This Agreement and Exhibits A, B, C, D and E which are incorporated herein, together constitute the entire agreement between the parties and supersede all prior or contemporaneous agreements, representations, warranties and understandings of the parties concerning the subject matter contained herein, 10 95826910 80121/0003 written or oral. No change, modification, addendum or amendment to any provision of this Agreement shall be valid unless executed in writing by each party hereto. O. Attorneys' Fees. In the event of any litigation arising out of this Agreement, the prevailing party in such action, or the nondismissing party where the dismissal occurs other than by reason of a settlement, shall be entitled to recover its reasonable costs and expenses, including, without limitation, reasonable attorneys' fees and costs paid or incurred in good faith. The "prevailing party," for purposes of this Agreement, shall be deemed to be that party who obtains substantially the result sought, whether by settlement, dismissal or judgment. 11 9582690 80121/0003 IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the day and year first above written. Approved as to form: eneral Cou 9582690 80121 /0003 C DC: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK By: _ Stephen R. Donley (Date) Its: Executive Director Per CDC Resolution No. 2006- 29 _ adopted by the Commission on October 24, '2006 Attest: - - - - -_ Secretary —_ -- LESSEE: SONOMA MOUNTAIN BUSINESS CLUSTER a California nonprofit public benefit corporation i Its: (Date) 12 EXHIBIT A DESCRIPTION OF THE PROPERTY EXHIBIT B LESSEE'S IMPROVEMEN'T PROPOSAL The Loan will be used to pay certain costs associated with tenant improvements and installation of certain equipment necessary for operation of a Business Incubator Program on the Property, including the following. The Improvements shall be constructed in accordance with plans approved by the CDC and City, which approval shall not be unreasonably withheld, and in compliance with all permits, conditions and other approvals applicable to the Improvements. For purposes of this Agreement, approval of plans by the City shall be deemed an approval of such plans by the CDC. The planned facility will be located within a currently vacant building located at the former Agilent Technologies business park in the City of Rohnert Park. The facility will consist of approximately 29,000 square feet of leasable area with offices and laboratory space available in rooms of 250, 300, 400, 500 and 600 square feet. Client companies may rent one or any combination of spaces. Additional flexibility will be afforded by utilizing cubicles adjacent to the offices to create suite - like layouts. The facility will have a reception area, conference rooms, kitchen facility, library, and a lounge area for breaks and information gatherings. The Business Cluster's facility and staff capacity will allow for residence by up to 15 to 25 client companies. In addition, the facility may provide single person offices available as pre- incubators. Pre - incubator offices may be cubicles as small as 100 square feet. Exhibit B Error! Unknown,document property name. EXHIBIT C BUSINESS INCUBATOR PROGRAM Following completion of the Improvements provided for in Exhibit B to this Agreement and the date the Business Incubator Facility is open for business, Lessee shall use good faith efforts to operate on the Property a small business incubator program ( "Business Incubator Program "). For purposes of this Agreement, the "date the Business Incubator Facility is open for business" shall mean the date which is thirty (30) days after Owner notifies Lessee that the Property is ready for occupancy, or the date on which Lessee shall open the Business Incubator Facility for business to the public, whichever shall first occur. The purposes and goals of the Business Incubator Program are to assist technology entrepreneurs and start-up companies in achieving success by providing an affordable physical infrastructure, an intellectual and entrepreneurial environment, a supportive services network and mentorship. The Program shall be operated substantially in accordance with that certain Sonoma Mountain Business Cluster at Rohnert Park Business Plan (the "Business Plan "), prepared by Lessee and approved by the CDC, as such Business Plan may be amended from time to time by Lessee, subject to the approval of the CDC, which approval shall not be unreasonably withheld. The services to be provided by Lessee fall into two categories: core services and entrepreneurial assistance, all as more fully described in the Business Plan. Lessee shall use good faith efforts to comply with the following performance standards: a. For purposes of this Agreement, a "Year" shall mean each twelve -month period of operation of the Business Incubator Program, with "Year 1 " commencing on the date the Business Incubator Facility is open for business and ending on the first anniversary of such date, and each subsequent Year commencing and ending on each subsequent anniversary thereafter, accordingly. b. At the end of Year 1, not less than twenty -five percent (25 %) of the rentable Incubator space available in the Business Incubator Facility shall be occupied by client companies of the Program, and not less than 10 full -time equivalent employee positions shall exist within the Program. C. At the end of Year 2, not less than fifty percent (50 %) of the rentable Incubator space available in the Business Incubator Facility shall be occupied by client companies of the Program, and not less than a total of 21 full -time equivalent employee positions shall exist within the Program. d. At the end of Year. 3, not less than seventy -five percent (75 %) of the rentable Incubator space available in the Business Incubator Facility shall be occupied by client Exhibit C Error! Unknown document property name. companies of the Program, and not less than a total of 28 full -time equivalent employee positions shall exist within the Program. e. At end of Year 41 and each subsequent Year end thereafter, additional full -time equivalent employee positions (jobs) shall exist within the Program, as follows: Year: 4 5 6 7 8 9 l0 Total Jobs Created: 32 35 38 41 44 47 50 Within thirty (30) days after the end of each Year, Lessee shall prepare and provide to CDC a written report indicating the total number of client companies occupying space within the Business Incubator Facility, the amount of space occupied by each such client company, and the total number- of employee positions (jobs) which have been created by the Program. To the extent the occupancy levels and number of employee positions created do not meet the performance standards set forth above, Lessee's report shall also include an explanation of the reasons for such shortfall, and Lessee's proposed plan to overcome such shortfall and meet the performance standards established for the following Year. Lessee agrees that during the term of this Agreement, Lessee shall exercise its good faith efforts to recruit and hire full -time employees and provide entrepreneurial opportunities to persons who are residents of the City of Rohnert Park. Accordingly, Lessee shall cooperate with the staff of the CDC to develop an employment recruitment program which provides local residents with early notice of available positions and required qualifications; and which extends reasonable preferences to qualified residents of Rohnert Park. 2 958269v380121/0003 EXHIBIT D PROMISSORY NOTE $500,000 , 2006 Rohnert Park, California For value received, SONOMA MOUNTAIN BUSINESS CLUSTER, a California nonprofit public benefit corporation ( "Lessee "), promises to pay the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK, a public body, corporate and politic, duly organized and existing under the laws of the State of California (the "CDC "), at 6750 Commerce Blvd., Rohnert Park, CA 94928, or such other place as the CDC may from time to time designate in writing, the principal sum of FIVE HUNDRED THOUSAND DOLLARS ($500,000) or as much as has been advanced to Lessee, together with interest from the date hereof, at a simple interest rate of Three Percent (3 %) per year on the unpaid principal balance, until fully paid, in lawful money of the United States of America, subject to the terms, conditions and limitations contained in this Note. 1. This Note is being given in consideration of Lessee's obligations under that certain Loan Agreement by and between the CDC and Lessee dated 2006 (the "Loan Agreement "). Pursuant to the Loan Agreement, the CDC has provided the Loan to Lessee for the purpose of payment of costs for construction and installation of certain tenant improvements and equipment (collectively, the "Improvements ") to be completed on the Property (as defined in the Loan Agreement). Following completion of the Improvements, Lessee will operate a small business incubator program (the "Business Incubator Program ") on the Property in accordance with the Loan Agreement. This Note is to be construed in conjunction with the Loan Agreement. 2. A. So long as Lessee completes the Improvements on the Property in accordance with Exhibit B to the Loan Agreement, continuously operates the Business Incubator Program in accordance with Exhibit C to the Loan Agreement, and is not in default under the Loan Agreement or this Note, and subject to the limitations in this Note, there shall be no payments due under this Note. B. So long as Lessee completes the Improvements on the Property -in accordance with Exhibit B to the Loan Agreement, continuously operates the Business Incubator Program in accordance with Exhibit C to the Loan Agreement, and is not in default under the Loan Agreement or this Note, and subject to the limitations in this Note, the entire outstanding principal and all accrued interest due and owing under this Note shall be forgiven in full Ten (10) Years from the date the Business Incubator Facility is open for business (as further defined below), and the outstanding principal balance of this Note shall be reduced to -0 -. In such event, the CDC shall execute such documents and take such actions as may be necessary to release the Exhibit D Error! Unknown document property name. lien of this Note and the UCC -1 Financing Statement from the Improvements and Lessee's interest in the Property. For purposes of this Section 2.B., the "date the Business Incubator Facility is open for business" shall mean the date which is thirty (30) days after Owner notifies Lessee that the Property is ready for occupancy, or the date on which Lessee shall open the Business Incubator Facility for business to the public, whichever shall first occur. C. if at any time during the term of this Note the Lessee ceases to operate the Business Incubator Program on the Property or is in default with respect to any other terms or conditions set forth in the Loan Agreement or this Note (and following expiration of any applicable cure period), then any amounts due and owing under this Note (including the outstanding principal, together with all accrued interest) may, at the option of the CDC, become immediately due and payable. 3. Any notice to Lessee provided for in this Note shall be given by personal delivery or by mailing such notice by first class or certified mail, return receipt requested, addressed to Lessee at the address stated below, or to such other address Lessee may designate by written notice to the CDC. Any notice to the CDC shall be given by personal delivery or by mailing such notice by first class or certified mail, return receipt requested, to the CDC at the address stated above, or at such other address as may have been designated by written notice to Lessee. Mailed notices shall be deemed delivered and received three (3) days after deposit in accordance with this provision in the United States mails. 4. The occurrence of any of the following shall constitute an event of default under this Note: (a) Lessee fails to diligently prosecute and complete the Improvements to the Property in accordance with the terms and conditions set forth in the Loan Agreement, and such failure is not cured within thirty (30) days following receipt by Lessee of written notice from the CDC; or (b) following completion of the Improvements to the Property, Lessee thereafter ceases to continuously operate a Business Incubator Program on the Property in accordance with the terms and conditions set forth in the Loan Agreement, and such failure is not cured within thirty (30) days following receipt by Lessee of written notice from the CDC; or (c) Lessee fails to pay any amount due hereunder within thirty (30) days of its due date; or (d) any other default by Lessee under the Loan Agreement or this Note. Upon the occurrence of any event of default (and following expiration of any applicable cure period), or at any time thereafter, at the option of the CDC, the entire unpaid principal and interest owing on this Note shall become immediately due and payable. CDC's failure to exercise such option shall not constitute a waiver of such option with respect to any subsequent event. CDC's failure in the exercise of any other right or remedy hereunder or under any agreement which secures the indebtedness related thereto shall not affect any right or remedy and no single or partial exercise of any such right or remedy shall preclude any further exercise thereof. 5. At all times when Lessee is. in default hereunder by reason of Lessee's failure to pay amounts due under this Note thirty (30) days after the applicable due date, the interest rate on the sums as to which Lessee is in default (including principal, if CDC has elected to declare it immediately due and payable), shall be the lower of the highest rate then allowed by law or two Exhibit D 2 Error! Unknown document property name. percent (2 %) over the prune interest rate announced by Bank or America, as of the date of the default. 6. Lessee agrees to pay the following costs, expenses and attorneys' fees paid or incurred by the CDC or adjudged by a Court: (a) reasonable costs of collection, costs and expenses, and attorneys' fees paid or incurred in connection with the collection or enforcement of this Note or any part of it or of any covenant of this Note, whether or not suit is filed; (b) costs of suit and such sum as the Court may adjudge as attorneys' fees in any action to enforce payment of this Note or any part of it; and (c) costs of suit and such sum as the Court may adjudge as attorneys' fees in any other litigation or controversy connected with this Note, including, but not limited to actions for declaratory relief that the CDC is required to prosecute and defend and actions for relief based on rescission, or actions to cancel this Note that the CDC is required to defend. 7. This Note is nonnegotiable and not transferable by the Lessee. The CDC, at its sole option, may negotiate transfer or assumption of this Note. u 8. Lessee waives presentment for payment, demand and protest and notice of protest, and of dishonor and nonpayment of this Note, and expressly consent to any extension of the time of payment hereof or of any installment hereof, to the release of any party liable for this obligation, and any such extension or release may be made without notice to any of said parties and without any way affecting or discharging this liability. 9. The Lessee shall have the right to prepay, at any time and from time to time, all or any portion of the amounts owing under this Note without any premium or penalty. 10. This Note and all of the covenants, promises and agreements contained in it shall be binding upon and inure to the benefit of the respective legal and personal representatives, successors and assigns of the CDC and Lessee. 11. This Note shall be construed in accordance with and be governed by the laws of the State of California. 12. This Note is secured by a lien of the CDC on Lessee's leasehold interest in the Property and Lessee's interest in the Improvements to be constructed and installed on the Property, pursuant to a UCC -1 Financing Statement to be filed with the California Secretary of State. The UCC -1 Financing Statement shall secure the Lessee's performance of the obligations contained therein and in the Loan Agreement. Executed at Rohnert Park, California, on this day of' , 2006. LESSEE: SONOMA MOUNTAIN BUSINESS CLUSTER, a California nonprofit public benefit corporation C Its: Exhibit D 4 Error! Unknown document property name. EXHIBIT E AGREEMENT AND WAIVER BY OWNER This Agreement and Waiver between SONOMA GREEN, LLC, a California limited liability corporation, and KDRP, LLC, a California limited liability corporation (collectively, "Owner ") and COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK ( "CDC ") is entered into in connection with that certain Loan Agreement entered into between CDC and SONOMA MOUNTAIN BUSINESS CLUSTER, a California nonprofit public benefit corporation ( "Lessee "), dated as of 2006 (the "Loan Agreement "). Owner is the owner of certain real property located at 1300 Valley House Drive, Suite 100, Rohnert Park, California, consisting of a portion of a currently vacant building at the former Agilent Technologies business park, now commonly referred to as Sonoma Mountain Village, located within the Rohnert Park Redevelopment Project Area (the "Property "). Pursuant to that certain Lease Agreement (the "Property Lease ") entered into between Owner and Lessee, dated as of , 2006, Lessee has agreed to lease the Property for purposes of operating a small business incubator program (the 'Business Incubator Program "). Pursuant to the Loan Agreement, CDC has provided a loan to Lessee to assist Lessee in financing the construction of certain tenant improvements and installation of certain equipment (collectively, the "Improvements ") required for operation of the Business Incubator Program on the Property. Owner, as fee title owner to the Property, hereby agrees that: (a) As used herein, "Improvements" shall include all equipment, machinery (including power- driven machinery), furniture and fixtures, all accessions, parts, accessories, attachments and appurtenances thereto, substitutions therefore and replacements thereof, and all proceeds and products of all of the foregoing, whether now owned or hereafter acquired with funds advanced by CDC to Lessee pursuant to the Loan Agreement and located on the Property; all inventory, raw materials, work in process, supplies and accounts; and all documents, instruments, documents of title and policies and certificates of insurance (including _proceeds, contract rights and general intangibles) relating to the Improvements; (b) The Improvements may be located at the Property and, at all times, shall be deemed to be personal property; (c) The Improvements may be removed from the Property by CDC in the exercise of its secured creditor or other rights; (d) Owner hereby subordinates any claim or lien against the Improvements to CDC and will permit CDC or its designated agent to enter upon the Property to remove the Improvements; Exhibit E Error! Unknown document property name. (e) Owner agrees to provide CDC written notice of any default by Lessee under the Property Lease and a reasonable opportunity for CDC to cure any such default; and (f) This Agreement shall be binding on the successors and assigns of the Owner and shall benefit and be enforceable by CDC and its successors and assigns. CDC agrees to pay for any damage to the Property directly caused by removal of the Improvements from the Property by CDC or its designated agent. This Agreement and Waiver is executed and delivered by the parties as of 2006. OWNER: SONOMA GREEN, LLC, a California limited liability company By: Its: KDRP, LLC, a California limited liability company By: Its: CDC: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK By: F-1-4 1 0 • 2006 LEGISLATIVE SESSION �rav_ (W =u�:a AB 773 (Mullin) Redevelopment: referendum Position: Support Location: Chapter 161, Statutes of 2006 Summary: All voters have 90 days to gather signatures to qualify a referendum challenge to a redevelopment ordinance. The current law's division between big cities, those with populations over 500,000, that have had 90 days to collect signatures, and smaller cities, under 500,000 people, that have had 30 days, is eliminated. AB 782 (Mullin ) Redevelopment: project area Position: Support Location: Chapter 113, Statutes of 2006 Summary: The exception for "antiquated subdivisions" has been removed from the definition of physical and economic blight in the Health & Safety Code. Specifically, it deletes Health & Safety Code Section 33031(a) (4). "Antiquated subdivisions" can be used as one finding of blight IF in an urbanized area. AB 1387 (Jones) CEQA: Residential Infill Projects Position: Support Location: Chapter 715, Statutes of 2006 Summary: A public agency is not required to produce another environmental impact report for the impacts of a residential project on traffic if it meets certain criteria: not more than 100 units with a minimum density of 20 units per acre and a half mile from. a transit stop; on an infill site in an urbanized area; is in compliance with the traffic, circulation, and transportation policies in the general plan or zoning ordinance of the city or county; meets certain other criteria; and the local jurisdiction requires that the mitigation measures in the report are implemented. AB 1893 (Salinas) Redevelo ment Position: Watch Location: Chapter 98, Statutes of 2006 Summary: Existing law prohibits a redevelopment agency from using tax increment funds for the construction of a city hall or county administration building. This prohibition is extended to the acquisition of land upon which such building is to be constructed. AB 2144 (Montanez ) Hazardous Materials: land use Position: Watch Location: Chapter 562, Statutes of 2006 Summary: The Memorandum of Agreement between the Department of Toxic Substances Control and the Regional Water Quality Control Boards regarding agency oversight of remediation is i codified and the electronic submission of environmental reports is instituted. SB 53 (Kehoe Redevelopment Position: Watch Location: Cha ter 591, Statutes of 2006 Summary: When a redevelopment plan is amended to extend the time limit for exercising eminent domain, the agency must make findings that significant blight remains within the project area and that it can not be eliminated without the use of eminent domain. Agencies must provide a description of their program to use eminent domain, which can contain restrictions. B r SB'I48 Fcott) Alcoholic beverages: licenses Rosl tion- Support '> oealtion:, Chapter 625, Statutes of 2006 Sujmmary With the passage of SB 148, local agencies can trigger an action by the Department of Alcoholic Beverage Control (ABC), which can result in conditions being placed on grandfathered liquor stores. Local agencies must provide "substantial evidence" that a licensee must take reasonable steps to correct objectionable conditions within a reasonable period of time. If the licensee fails to take corrective action, the ABC must hold a hearing within 60 days of the filing of the complaint by the local jurisdiction. After its own investigation, ABC may either adopt the conditions requested by the local jurisdiction or notify the jurisdiction's governing body that it has determined the evidence is insufficient to adopt the conditions. ABC is authorized to impose conditions it determines are reasonable to meet these conditions. SB 354 (Escutia) Hazardous Materials: remediation Position: Support Location: Chapter 523, Statutes of 2006 Summary: Specific exceptions to the definition of "property" in the California Land Environmental Restoration and Reuse Act have been removed. The exceptions were: ■ a site that is or becomes subject to a specified enforcement action or order issued by a California regional water quality control board (regional board) or a specified enforcement action by the department, ■ a site that is or becomes subject to a corrective action requirement or for which a no- further- action determination has been issued by a regional board or a local oversight program as specified, unless a specified finding is made. SB 989. (Senate Environmental Quality Committee ) Hazardous Material: Bona Fide Ground Tenant Position: Watch Location: Chapter 510, Statutes of 2006 Summary: Immunity and access to the remediation process with an oversight agency provided under the California Land Reuse and Revitalization Act of 2004 has been extended to bona fide ground tenants that meet the specified conditions in the Act. Bona fide ground tenants are defined, including a requirement that a 25 -year or longer lease on the property is held. SB 1206 Kehoe) Redevelopment Position: Oppose Location: Chapter 595, Statutes of 2006 Summary: The provisions in SB 1206 include: ■ The statutory definition of blight is tightened including eliminating "high turnover rates" and "impaired investments" as indicators of economic blight. It deletes "or other similar factors," which limits the allowed blighting factors to the list specified in law. ■ Local jurisdictions are required to submit additional reports, as outlined in the bill, to the Department of Finance. These reports include projections on tax increment as well as project the population changes and the number of school -age children during the 35 -year life of the redevelopment project area. Agencies must reimburse school districts for their part in preparing the reports. ■ The Attorney General and Department of Finance are named as interested persons in challenges to plan adoptions and amendments. ■ "Antiquated subdivisions" is removed as a stand -alone condition of blight. ■ Blight findings shall be based on "clearly articulated and documented" evidence. ■ The requirements, that referendum petitions related to redevelopment plan adoption, amendment or modification be submitted within 90 days of the adoption of the ordinance instead of 30 days is extended to all cities and counties. • Using tax increment funds for land acquisition, related site clearance, and design costs in the construction of a city hall or county administration building is prohibited. • For those mergers of project areas not contiguous, substantial blight must be found to remain within one of the project areas and that the blight cannot be eliminated without the merger. SB 1210 (Torlakson) Eminent Domain Position: Watch Location: Chapter 594 , Statutes of 2006 Summary: Amended sections of the Eminent Domain Law are applicable to all public agencies and public utilities that use eminent domain. The provisions are as follows: ■ It is more time - consuming and more difficult for agencies to obtain orders of prejudgment possession. An exception is provided for public utilities which allow an accelerated process in the event of an emergency situation. ■ When a court determines that the public entity's offer was unreasonable aild defendant's demand was not, the public entity is responsible for the dependant's costs including litigation expenses. A definition for litigation expenses, "reasonable attorney's fees and costs, including reasonable expert witness and appraiser fees," which is current practice, is added. ■ Following a notice of condemnation or an offer to purchase "under a threat of eminent domain," the public entity must pay for the independent appraisal of the property by a licensed appraiser. The appraisal cost is capped at $5,000. ■ An officer who is also a member of the governing body of an organization that has an interest in, or to which the public agency may transfer an interest in, property that the public agency may acquire by eminent domain is prohibited from voting on any matter affecting that organization. • An amendment to a redevelopment plan extending the time limitation on exercising the power of eminent domain must include findings of substantial remaining blight and that the blight cannot be removed without the use of eminent domain. _ SB 1266 (P rata) Highway Safety, Traffic Reduction, Air Quality Position: Support Location: Chapter 25, Statutes of 2006 Summary: The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 is enacted. It authorizes a $19.925 billion of general obligation bonds for transportation corridor improvements, trade infrastructure and port security projects, school bus retrofit, transportation improvements, transit and rail improvements, state -local transportation projects, transit security, local bridge retrofit, highway - railroad grade and crossing projects, highway rehabilitation, local street and road improvements. SB 1266 is Proposition 1B on the November ballot. SB 1317 (Torlakson ) Property Tax Revenue Allocations: public utilities: qualified property Position: Watch Location: Chapter 872, Statutes of 2006 Summary: The assessed value of "qualified property" placed in service by a public utility must be allocated entirely to the county in which the property is located. The balance of these revenues remaining after these allocations have been made is allocated to fire districts, water districts, cities, or the county. "Qualified property" is defined as " as all plant and associated equipment, ... placed in service by a public utility on or after January 1, 2007, and related to: a) electrical substation facilities that either operate at 50,000 volts or have a transformer with a high -side voltage of 50,000 volts; b) electric generation facilities that have a nameplate generating capacity of 40 megawatts or more; or c) electric transmission line facilities.of 200,000 volts or more." The Bureau of Equalization is not required to modify its computerized tax rolls. SB 1650 (K hoe) Eminent Domain Position: Watch Location: Chapter 602, Statutes of 2006 Summary: Public entities are required to lease a condemned property to the original owner if the entity IS not going to use the property for a public use in the next two years. In addition, if a public entity uses eminent domain to take private property for a public use, but later decides to use the condemned property for another public use, a two - thirds vote by the public entity's governing body is required. If a public entity fails to justify the change in public use, the public entity must offer a first right of refusal to sell the property back to the original property owner at an affordable price. If the condemned property was a single - family residence and the owners are low- or moderate - income, the public entity must sell the property to the original property owners at the acquisition price. If the original owner declines the first right of refusal, the public entity then must sell the property as surplus property and any financial gain paid to the former owner. SB 1689 (WP rata) Housing and Emer eucy Shelter Trust Fund Act Position: Support Location: Chapter 27, Statutes of 2006 Summary: The Housing and Emergency Shelter Trust Fund Act of 2006 is enacted. It authorizes the issuance of $2.85 billion of general obligation funds of which the proceeds will be used to finance various existing housing program, capital outlay related to infill development, brownfield cleanup that promotes infill development, and housing - related parks. The Transit - Oriented Development Implementation Program is established to receive finding from the proceeds of the bond act. SB 1689 is Proposition I C on the November ballot. SB 1809 (Machado Redevelopment: eminent domain Position: Watch Location: Chapter 603, Statutes of 2006 Summary: Adding to the current requirement that a legislative body record a statement upon the adoption of a redevelopment plan to reflect that property is located within a redevelopment project area, recordation must take place within 60 days and a statement whether the plan authorizes use of eminent domain and what limitations are imposed on that use is required. SCA 7 (Torlakson ) Transportation Investment Fund Position: Support Location: Chaptered; Resolution Chapter No. 49 Summary: A proposed amendment to the Constitution would authorize a suspension, in whole or in part, of a transfer of motor vehicle fuel sales tax funds to the Transportation Investment Fund for a fiscal year under certain circumstances. A suspension is prohibited from occurring more than twice during a period of 10 consecutive fiscal years and a suspension in any fiscal year in which a required repayment from a prior suspension has not been fully completed is also prohibited. SCA 7 is Proposition IA on the November ballot. _r >uncil• . C'OM [MTY DEVELOPMENT COMMISSION Communicagans OF THE CITY OF ROHNERT PARK Agenda lo o� Copy to:.: COMMISSION AGENDA ITEM TRANSMITTAL REPORT Copy to: Meeting Date: October 24; 2006 10 ((g /o (, Department: Community Development Department Submitted By: Cas Ellena, Housing & Redevelopment Manager Submittal Date: October 11, 2006 Agenda Title: California Redevelopment Association ( "CRA ") 2006 Regional Briefings Requested Council Action: Hear Summary Regarding CRA 2006 Regional Briefing Summary: Each year, CRA holds members -only meetings throughout the state on redevelopment issues, legislation and CRA activities. Staff will be attending the CRA 2006 Regional Briefing on October 17, 2006 in Vallejo. Topics will include what has happened at the State Capital over the past year and insights into what is likely to happen in the coming year. The review will include changes to redevelopment law contained in SB 1206 (Kehoe) as well as other legislation that responded to the concerns raised by the Kelo decision: AB 773 (Mullin), AB 782 (Mullin), AB 1893 (Salinas), AB 2922 (Jones), SB 53 (Kehoe), SB 1210 (Torlakson), SB 1650 (Kehoe), and SB 1809 (Machado). An update on the various initiatives on the November ballot including the propositions that comprise the "Infrastructure Bond Package" and Proposition 90 will also be provided. Staff will provide a summary of the CRA 2006 Regional Briefing at the October 24, 2006 Community Development Commission meeting. 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 () Submitted with Comment ( ) Policy Determination b Council '{City Comments: � v��n - �iGV��� re �d��� vt o c�� �`ca rtNcAe- ' City Manager's Signature: 0 Date: Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2nd & 0' Tuesdays of each month: Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney and Assistant City Manager via email to review for "approvals as to form" and agenda planning DUE no later than NOON Three (3) Mondays prior to Council meeting dates Agenda Items with related attachments via email to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting dates Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than 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) week prior to Council meeting dates for 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) Council: X Miscellaneous Communications A enda COPY to: Co to• CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Agenda (Subject Only) Title October 24, 2006 Administration Dan Schwarz, Assistant City Manager October 18, 2006 Review of Graffiti Issues in Rohnert Park (0.1$.6 Requested Council Action: Provide direction to staff on priorities for deterring and abating graffiti. Summary: At its September 12, 2006 meeting, the Council asked staff to evaluate the levels and types of graffiti appearing in Rohnert Park, summarize staff's efforts to deter and abate graffiti, and provide options for increasing the City's efforts to curb the problem. As was reported to Council at its October 10, 2006 meeting, City Manager Steve Donley is leading an administrative task force to assess and address graffiti issues. The task force has identified several opportunities to the City to enhance its existing efforts to deter and abate graffiti and will being implementing them as soon as possible. Graffiti Vandalism of City of Rohnert Park Property The City's best statistical measures of graffiti derive from documentation about incidents where City property has been vandalized. The Departments of Public Safety and Public Works work in conjunction with one another to document such incidents of graffiti vandalism. Graffiti vandalism of City property falls into two categories: reported and unreported. Incidents are considered "reported" when Public Safety is notified about graffiti by the public. An incident is considered "unreported" when Public Works finds and addresses graffiti in the field. Until recently, the City had limited data about unreported incidents of graffiti. As Sergeant Art Sweeney notes in the attached memorandum, the primary reason that many unreported incidents went undocumented is that the time it was taking to log the incident was dramatically increasing the City's cost to abate the problem. In August 2006, the departments instituted streamlined reporting procedures so that better records and more accurate data could be collected with minimal additional cost to the City. Although it will take some time for the new reporting system to build a robust data set from which to draw conclusions, Sergeant Sweeney was able to use existing information to make a conservative estimate as to the financial impact of graffiti on the City. As he notes in his memo, the City's labor costs to abate graffiti on City -owned property total approximately $50,000 annually. Review of Graffiti Issues in Rohnert Park October 24, 2006 Page 2 Graffiti Vandalism of Other Property Rohnert Park Municipal Code Section 1.24.030(D)(20) defines graffiti as a nuisance and requires its removal after 72 hours. The burden for removing the graffiti rests with the property owner. The unfortunate — but necessary — reality of graffiti vandalism is that its victims must abate the nuisance or face punitive action. In general, Rohnert Park property owners address graffiti incidents without the intervention of the City. However, City staff does receive reports or directly observe graffiti on private property about 2 -3 times per month. In response, Barbara Denlis, the City's Neighborhood Preservation Officer, issues a "Notice of Violation" and gives the property owner 14 days to remove the graffiti. (A sample notice is attached to this report.) Property owners have generally complied prior to the re- inspection deadline. Reducing Graffiti in Rohnert Park The City's challenge in reducing incidents of graffiti vandalism is determining the most effective form of deterrence. In response to an increase in incidents at specific locations, the Department of Public Safety will increase patrols and /or conduct stakeouts. Public Safety has also employed cameras to observe and record behavior in areas that have been repeatedly vandalized. Such targeted efforts require significant man hours and represent a substantial investment for the City. And while these efforts may, at least temporarily, stop incidents at a particular location, they do not address citywide graffiti vandalism. The International City /County Managers Association online library offers a wealth of material from municipalities around the country that suggests that the most cost - effective means to deter graffiti vandalism is an aggressive abatement program. The consensus opinion is that graffiti vandals want their work to be on display for a long period of time and that aggressive abatement will reduce their interest in targeting the community. Rohnert Park already employs the two most widely recognized best practices — quick removal of graffiti on City -owned property and a nuisance ordinance that requires removal on private property after 72 hours. In reviewing what other cities are doing to go beyond these standards, staff has found that there are some simple measures it can implement to improve its abatement efforts. At the ,Council's October 10, 2006 .meeting, staff provided the attached memorandum identifying four changes that can be made to increase our efforts. Staff is working to implement these changes. Staff has also reached out to the Cotati - Rohnert Park Unified School District to determine how its students can fulfill community service requirements by assisting the City with graffiti abatement and other clean -up activities. Another approach to deterrence that the Council may wish staff to explore is increasing the penalties for graffiti vandalism. The California Penal Code (Section 640 et. seq.) establishes minimum penalties for this type of vandalism. For minor violations, financial penalties and community service are required. For more significant violations, criminal charges may be brought. Local jurisdictions are allowed to draft a graffiti abatement program that increases the penalties for minor violations. The Council may wish to have staff draft such a program. Finally, a less common approach to abatement is to attempt to co -opt so- called graffiti artists. Municipalities that have employed this approach have identified sites within the city where graffiti artists are allowed to create murals. Some cities that have employed this approach report a reduction in graffiti "tags" in other parts of the city. The assumption is that the graffiti artists employ peer pressure to deter graffiti vandals. The Council may wish for staff to do additional research on this approach and identify potential mural sites. Enclosures: Oct. 11 memo from A. Sweeney; sample abatement letter; Oct 5 memo from D. Schwarz 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 () Submitted with Comment - (7�Policy Determination by o ncil ( ) City Comments: City Manager's Signature: Date: 0 / (Revise 62806 JH- S:05 -b Rohnert Park Department of Public Safety Inter - Office Memorandum Date: Wednesday, October 11, 2006 To: Director Thomas R. Bullard From: Sergeant Arthur Sweeney Subject: Graffiti Cases At your request, I have completed research concerning Graffiti vandalism where the City of Rohnert Park was victim between June 30, 2003 and June 30, 2006. Only graffiti vandalism is reported, however other malicious acts such as breaking sprinklers, driving on the lawn or breaking mirrors and windows resulted in a similar expense to the city. There were 314 cases of graffiti vandalism reported to Public Safety in our city parks, facilities and on city owned property during this period. These 314 cases are but a slight fraction of the actual cases abated by our Public Works Department. The events went unreported in all but the most egregious of cases; the main reason that these crimes were not being reported was the amount of time required on the part of employees from both departments. A minor graffiti case involving $100 damage could take up to 30 minutes to officially document. Both the Public Works employees and the Public Safety Officers were already being tasked with more activity than anytime prior. When I met with Public Works Supervisor Brad Rosaschi in August of 2006, we agreed a change was needed. Together Brad and I created a streamlined method of incident reporting, using the job costing paperwork already being created, digital photographs and e -mail. Now each case is being documented with only Brad and me, and an office assistant is involved as well. One downside to the lack of official documentation is my inability to report anything but estimated numbers of these crimes. One way to define the scope of the graffiti problem is to look at the impacts upon our Public Works Department. Brad Rosaschi estimates that impact upon his employees to be: Employee: Estimated % time: Rob Kofoid: Del Reid Bill Place Tom Kelley Eugene Fallis Michael Phillips George Howard SMA (Seasonal Mainten 20% 23% 23% 3% 3% 2% 1% 2% ance Assistant) Primary Duties: Maint. of traffic signs, traffic markings, and street & foot bridge maintenance Parks maintenance, overseeing landscape maintenance contractor activity Parks maintenance, vandalism repair, overseeing OADS activity Athletic field maint., playground inspection and maintenance, parks maintenance Athletic field maint., playground inspection and maintenance, parks maintenance Weed abatement, traffic markings, street maintenance Maintenance of all City buildings Assisting in any or all categories listed above As much as 5% of P.W. Supervisor Rosaschi's time is dedicated to graffiti by: ➢ Receiving calls, complaints, or notification of graffiti ➢ Assigning graffiti abatement work orders to the most available or most suitable personnel. ➢ Receiving, forwarding, and photo documentation from staff ➢ Reporting graffiti to Public Safety, either as an incidental report or "Vandalism Alert" ➢ Preparing Property Damage reports relating to graffiti, if needed ➢ Responding to requests from Public. Safety or D.A. for information about specific damage reports to determine restitution values Taking only the top three employees from this list and converting the percentages to the amount of base salaries, the cost for their time to abate graffiti on city property is $39,039 per year. This is an estimated cost for the labor alone, it does not include the cost of supplies and equipment needed, nor does it factor the percentage of employee benefits received. The cost for the time of the other employees is about $11,000. Graffiti is now at an all time high in our city. August of 2006 was the first month in which the partnership with Public Works has allowed for an accurate accounting of these events. This is a breakdown of graffiti occurring in Rohnert Park's Municipal Parks between August 1, 2006 and August 31, 2006: DATE LOCATION NUMBER OF INDIVIDUAL GRAFFITI 8/4/2006 M -Park 14 8/7/2006 G -Park 6 Com. Cntr. 1 8/8/2006 E -Park 7 S -Park 6 D -Park 7 G -Park 2 8/9/2006 B -Park 2 M -Park 9 G -Park 3 8/11/2006 S -Park 2 G -Park 2 R -Park 10 8/14/2006 G -Park 11 M -Park 13 H -Park 2 8/15/2006 B -Park 8 A -Park 3 M -Park 3 8/16/2006 M -Park 1 8/18/2006 M -Park 83. A -Park 4 8/22/2006 M -Park 1 B -Park 2 8/25/2006 G -Park 27 M -Park 10 Page 2 of 4 Pages 8/28/2006 M -Park 23 AUGUST 2006 27 CASES 262 INDIVIDUAL TAGS It is estimated that the cost to the city for each of the standard graffiti cases is $100.00. This amount considers the cost of labor and the cost to remove, repaint, replace or otherwise abate the graffiti. The egregious attacks can and have cost the city tens of thousands of dollars during recent years. Just the 314 cases reported during the FY 03/04 to 05/06 are estimated to have cost $68,650.00. This figure was established through actual cost reporting by our Public Works Department and, in the majority of cases, by estimating the cost based upon other reports. Analysis indicates a severe increase in the number of city property cases that occurred last year over the two prior years. I — Reasons for this 355% increase in cases during the last Fiscal Year are primarily a result of increased tagging activity and damage to city parks by graffiti. Another factor is the increased on -view case reporting resulting from a return to full staffing of our Community Services Officers. The August of 2006 cases documented were 27, while the August of 2005 cases, still at an all time high, were only four (4). I believe this dramatic increase to be the result of both a visible increase in the frequency of Criminal Street gang "Tagging" in Rohnert Park and the streamlining of the reporting process for Public Works. There have been 854 specific individual monikers or "Tags" identified in these 314 cases. Of those 854 tags, 51 % or 434 Monikers were documented. I have attached a listing of those tags to this report. There are various forms of graffiti. One of the simplest forms is that. of individual markings such as slogans, slurs, or political statements. Examples of this type of graffiti commonly are found in bathrooms or on exterior surfaces, and this graffiti is usually handwritten. Another simple form is that of the tag which is a fancy scribble -like writing of one's name or nick -name. Other graffiti is the result of "Tagger Crews" who unite to engage in the behavior and establish their presence or importance. Another form is the stylized handwriting of Street Gangs where messages are often publicly communicated in a kind of code. These messages are also used to lay claim to a geographical area and warn other gangs away. Individual gang members gain notoriety by the boldness and placement'of their tags that can often, be only their gang nick - name." In conclusion, only graffiti vandalism was reported here. Other malicious acts such as breaking sprinklers, driving on the lawn or breaking mirrors and windows have also resulted in a significant Page 3 of 4 Pages expense to our city. There is a true sense of teamwork between the Public Works and Public Safety Departments in combating this problem. Since 2005 the Public Safety Department has arrested nearly a dozen young people for vandalism at our city parks. 50% of those arrests were for Graffiti Vandalism. The department is currently working on an investigation of graffiti tagging, those responsible will soon be arrested. The department has put significant time and effort into this case. Albeit an effective way to deal with this one ideal location (not in a park), our staffing will not allow for this same degree of investigation to resolve the greater problem. Page 4 of 4 Pages ig I,IF0RN1 September 29, 2006 Neighborhood Revitalization & Code Enforcement 6750 Commerce Boulevard Rohnert Park, CA 94928 32 Phone: (707) 588 -2219 Fax: 588 -2274 E -mail: bdenlis(a,rpcity.org RE: NOTICE OF VIOLATION — address, Rohnert Park (APN # # #- # # #- # # #) Dear * * * Rohnert Park is home to thousands of people who enjoy its well kept residential and commercial areas. In order to preserve the high quality of Rohnert Park's neighborhoods, the City has adopted codes pertaining to the proper use and maintenance of private property. It was recently brought to the City's attention and observed by inspection that the following Code violation exists on your property at address, Rohnert Park: The fence along the north side of your property has been spray painted with graffiti and is in violation of Section .24.030(D)(20) Unlawful Property Nuisances of the Rohnert Park Municipal Code which prohibits "...graffiti which remains on the exterior of any building, fence or other structure for at least 72 consecutive hours and is visible from a public street, alley or any adjoining property. " While the graffiti may be the act of vandals, it is the responsibility of the homeowner to remove it. Please note that there is a Graffiti Remover that you can purchase in the Paint Supply Department at Home Depot, or Lowes that will remove the graffiti without having to paint your fence. To avoid further action by this department please remove the graffiti from the fence on the north side of your property within 14 days of receipt of this letter. Your property will be re- inspected on October 17, 2006 for compliance. Maintaining an attractive high quality living and business environment in Rohnert Park is the responsibility of all of us. We appreciate your prompt attention in addressing this matter. Please feel free to call me at (707) 588 -2219, if you have questions. Sincerely, City of Rohnert Park Barbara Denlis Neighborhood Preservation Officer cc: Ron Bendorf, Community Development Director r October 5, 2006 CITY ADMINISTRATION •A ►� ►1 TO: Honorable Mayor Smith and Members of the City Council FROM: Dan Schwarz, Assistant City Manager SUBJECT: Update on Graffiti Issues At its September 12, 2006 meeting, the Council directed. staff to evaluate the level and types of graffiti appearing in Rohnert Park and to devise strategies to address this problem. City Manager Steve Donley is leading an administrative task force to respond to the Council's directive. Staff has been evaluating its current procedures for receiving and responding to reports of graffiti and is considering changes that should increase and improve the City's efforts. At the October 24, 2006 Council meeting, staff will present data complied by the Departments of Public Safety and Public Works about the volume and forms of graffiti found in Rohnert Park. Staff will present detailed information about the City's current efforts to combat graffiti (on both public and private property), as well as the costs associated with these efforts. Staff has been and will continue to be aggressive in deterring and removing graffiti on City property. Staff is exploring concepts to enhance its efforts to reduce graffiti on non -City property. These concepts include: • Forming a partnership with the Sonoma County Waste Management Agency to offer free, recycled paint to residents to cover graffiti; • Listing a "Graffiti Reporting Line" in the City of Rohnert Park section of the phone book; • Consolidating the initial response to graffiti reports under one position; and • Increasing staff resources devoted to code enforcement and the issuance of graffiti abatement notices. http : //www.cevs.ucdavis.edu /Cofred /Public /Aca/WebSec cfm ?confid= 277 &webid =139 Parking: — T✓OK ITEM q, A parking attendant will be at the entrance to parking lot #25 starting at 7:30 AM handing out complimentary parking permits to conference attendees. Shuttle from the Hallmark Inn: For those out -of -town guests staying at the conference hotel, the Hallmark Inn, we will provide free shuttle service between the Hallmark Inn and the ARC. Please look for the Unitrans Bus. Pick ups begin at 8:00 AM and run continuously until 9:30 AM. Luggage: We will provide a locked storage area at the conference site for luggage. Agenda: 8:30 -9:30 a.m. Registration with continental breakfast 9:30 a.m. Campus welcome: . Chancellor Larry Vanderhoef City of Davis welcome: Mayor Sue Greenwald, City of Davis Conference overview and purpose: Mayor Tom Bates, City of Berkeley Mayor Ron Loveridge, City of Riverside 10:00 —10:35 Introduction of Plenary. Speaker: Assemblymember Lois Wolk Plenary Session Speaker: Assemblymember John Laird 10:45 -12:15 Workshops in Transportation or Housing - select one Transportation: The Search for the Perfect Parking Space Moderator: Cliff Contreras, Director, Transportation and Parking Services, UC Davis Panel: Larry Paegler, Director of Parking, UCSC Mike Delo, Director of Parking, UCR Mike Rotkin, Chair, SC Metro Transit . Transportation: City-University Transit Moderator: Mayor Ron Loveridge, City of Riverside Panel: Geoff Straw, Unitrans, UC Davis Eyedin Zorobi, San Jose State University Tony Fulton, San Diego State Univeristy Guy Heston, City of Long Beach Transit Page 3 of 5 Housing: Collaborative City - Campus Planning Moderator: Mayor Tom Bates, City of Berkeley Panel: Dick Rush, CSU Channel Islands Ken Gutierrez, Director of Planning, City of Riverside Mathew Taecker, Planner, City of Berkeley David DeMauro, Vice President Administration & Finance, CSU San Bernardino 10/10/2006 Page 4 of f 12:15 -1:30 12:25 — 12:35 12:35 — 1:30 1:45 -3:00 p.m Plenary session and lunch Introduction Speaker: Joseph Cortright The Young and the Restless in a Knowledge Economy Workshops in Transportation or Housing select one Transportation: The Road Not Taken - Alternative Transportation Moderator: Matt Nichols, Transportation Planner, City of Berkeley Panel: Renee Fortier, UCLA Dept. of Transportation Gary Beddingfield, Fresno State Brodie Hamilton, Stanford Housing: Creative Approaches to Student, Faculty and Staff Housing Moderator: Bob Segar, Campus Planner, UC Davis Panel: Beth Pugliese, San Jose State and Brandy Hoffman -Ooka, City of San Jose Bill Dickerson, Cal State Fullerton Harry LeGrande, UC Berkeley Housing: Off - Campus Student Housing Moderator: Ken Gutierrez, Dir. Plan., City of Riverside Panel: Jeanne Rosenberger, VC, Univ. of Santa Clara Shirley Wong, UCLA Housing Jeff Bond, Planning Mgr., City of Albany 10 -4:00 p.m. Closing Plenary session "Two -Hats Panel:" Former campus or city leaders who have worked in city and university settings." Moderator: John Meyer, Vice Chancellor, UC Davis Panel: Michael Beck, Asst. City Manager, City of Riverside Ryan Coonerty, Councilmember, City of Santa Cruz Karl Mohr, Associate Campus Planner, UC Davis Closing Remarks: Mayor Ron Loveridge, City of Riverside 4:00 -5:00 p.m. Reception Thanks very much for your registration. Ale look forward to seeing you on Thursday. 'lease call UC Davis, Government and. Community Relations at (530) 752 -9795, if you have any questions. 10/10/2006 www.fiiidavusa.com Phone: (707) 623 0166 e-mail.fiiidgmg@yahoo.com 6301 Montecito Blvd #14, Santa Rosa, CA95409 Sept 1 A 2006 His Worship The Mayor A , City of Rohnert Park copy to: California I copy to: id -Jg.64 FIJI DAY CELEBRATION OPENING - FRIDAY 13`h OCTOBER 2006 Dear Sir The Fiji Day is a celebration by all Fiji islanders all over the world to commemorate Fiji's independence from Great Britain. This year the Fiji Day USA is being hosted by the Fijian Community in Santa Rosa and the central venue for the celebration is RohnervPark. The celebration is a two(2) day long event of competitive sports such as Rugby, Soccer, Netball and Volleyball, games that have been an intergral part of our growing up back home in Fiji. As the venue of the event is in Rohnert Park, the organizing committee, Santa Rosa Fijian Association, would be very honored to have Your Worship as the Chief Guest in the opening of the Fiji Day USA Celebration 2006. We therefore humbly invite Your Worship the Mayor, to open the celebrations on the morning of Friday 13', October 2006, 9.30am at Magnolia Park, 1401 Middlebrook Way, Rohnert Park. The Fiji Ambassador to the US will also be present during the opening ceremony and throughout the weekend long celebration. We await a much favorable response from your office and we would be very honored by your acceptance of this invitation.. Thanking You Mr Maciu Cerewale President 2K6 Santa Rosa Fijian Association k ROWNERT PARK CITY COUNCIL ECONOMIC DEVELOPMENT SUB - COMMITTEE MEETING AGENDA Friday, October 13, 2006 . 2:00 p.m. Rohnert Park Administrative Offices - Council Chambers 6750 Commerce Boulevard Committee Members: Armando F. Flores, Councilmember Vicki Vidak- Martinez, Vice Mayor Ci Staff Steve Donley, City Manager Dan Schwarz, Assistant City Manager Maureen Rich, Senior Planner Guests: Jerry Peeler, MBIA MuniServices Company Denise Conley, Conley Consulting Group Al Zelinka, RBF Consulting Jason Jones, RBF Consulting 2:00 p.m. REGULAR. SESSION — Open to Public Call to Order 1. Public Comments, if any 2. Rohnert Park Economic Development Strategic Plan Discussion and direction to staff and consultants on preparation of plan. 3. Corridor Concept Plans Discussion and direction to staff and consultant on refinement of scope of work/outline of project. 4. City Matters 5. Adjournment Posted in accordance with state law Disabled Accommodation: If you have a disability which requires an interpreter or other person to assist you while attending this meeting, please contact the City Offices at (707) 588.2226 at least 72 hours prior to the meeting to ensure City accommodations. RECEIVED. • County 0 T I 1 20 i f Fw.n.bp° P • o Aithdity Council. X. PUBLIC HEARING: SCTA FY06 /07 Budgets —DISCUSSION/ACTION Miscellaneous Corr Communications October 16, 2006 - 3:00 p.m. Agenda Jog or; Transportation Fund for Clean Air Budget* Copy t Mike Kerns, V. Chair Copy to Sonoma County Permit & Resource Management Department Board of Directors O: Directors X. PUBLIC HEARING: SCTA FY06 /07 Budgets —DISCUSSION/ACTION AGENDA Robert Jehn, Chair SCTA Operation Budget* October 16, 2006 - 3:00 p.m. Cloverdale Transportation Fund for Clean Air Budget* 520 Mendocino Avenue site 240 Mike Kerns, V. Chair Measure M Program Budgets* Sonoma County Permit & Resource Management Department Sonoma County Planning Commission Hearing Room - 2550 Ventura Avenue, Santa Rosa, California Bob Blanchard ITEM FAX: 707- 565 -5370 Santa Rosa 1. Public Comment Stanley Cohen Sonoma I1. Consent Items — ACTION Patricia Gilardi A. Minutes of the September 11, 2006 Meeting* Cotati B. Vali Cooper & Associates Contract Extension* Mike Healy C. Bicycle & Pedestrian Master Plan — Authorization to Negotiate* Petaluma 111• Reports - INFORMATION /ACTION Linda Kelley Sebastopol A. Executive Committee Report (Chair Jehn) B. SMART Report (Chair Jehn) Paul Kelley C. MTC Report (Director Blanchard) Sonoma county D. NCRA Report (Director P. Kelley) .lake Mackenzie E. SCTA Staff Report Rohnert Park Warin Parker IV. Infrastructure Bond Program Update — DISCUSSION /ACTION Windsor A. Corridor Mobility Improvement Account Guidelines and Process* Mike Reilly B. Mendocino, Sonoma, Marin Hwy 101 Planning Concept Sonoma County V. Caltrans update on projects - DISCUSSION /ACTION Lisa Schaffner Healdsburg VI. Project Study Report Priority List* — DISCUSSIONIACTION VII. Transportation Fund for Clean Air Programming Criteria* DISCUSSION /ACTION VIII. Administrative and Operational Travel Demand Modeling Guidelines* — DISCUSSION /ACTION IX. SCTA Comprehensive Transportation Plan Update — Grant Proposal* — DISCUSSION /ACTION Suzanne smith X. PUBLIC HEARING: SCTA FY06 /07 Budgets —DISCUSSION/ACTION Executive Director A. SCTA Operation Budget* B. Transportation Fund for Clean Air Budget* 520 Mendocino Avenue site 240 C. Measure M Program Budgets* Santa Rosa, CA 95401 PH: 707 -565 -5373 FAX: 707- 565 -5370 Continued 4.41 XI. Other'Business /Director Announcements — DISCUSSION XI1. Adjourn — ACTION * Materials attached The next SCTA meeting will be held November 13, 2006. DISABLED ACCOMMODATION: If you have a disability that requires the agenda materials to be in an alternate format or that requires an interpreter or other person to assist you while attending this meeting, please contact SCTA at least 72 hours prior to the meeting to ensure arrangements for accommodation. Copies of the full agenda packet are available at: www.sctainfo.org Hauff,Judy From: Sent: To: oem Subject: Melinda McCutcheon [mmocutch @sonoma- county.org] Page 1 of.1 Council: X _Miscellaneous Communications Copy to: Copy to: Wednesday, September 27, 2006 2:33 PM BDcowsmilk @aol.com; carolynw @cobblestonehomes.com; unitedwinegrowers @comcast.net; vvm92tam @comcast.net; wadnparker @comcast.net; cwilcox @dfg.ca.gov; susan_moore @fws.gov; dan @lagunafoundation.org; policy @marckelley.com, donareed@sbcglobal.net; janetorchard @sbcglobal.net; penningt@sonic.net; Mike Kerns; Mike Reilly; Pete Parkinson; Tim Smith; frey @sonomawinegrape.org; mmarbni@srcity.org; srabinowitsh @srcity.org; joan@vilms.net dwoftering @ci.cotati.ca.us; tstubbings @ci.cotati.ca.us; sallen@ci.sante- rosa.ca.us; cay_goude @fws.gov; Theresa_Marino@Mws.gov; davesmith @merritt- smith.com; Gabrielle Whelan - Business; mkenyon @mhalaw.com; Schwarz, Dan; Donley, Steve; Seana Gause; Allison Sanford; Carol Mills; Darcy Major; Jennifer Barrett; Jill Saudan, Steve Sharpe; Steve Shupe; lex@sonomacountyfarmbureau.com; bfarrell @srcity.org; cregalia @srcity.org; jkolin@srcity.org; jmccann @srcity.org; mmeredith @srcity.org; ssheppard@srcity.org; tgriffin @srcity.org; mmullan @townofMndsor.com; pchamberiin @townofwindsor.com; vnebb@wafterpistole.com October 18, 2006 - Information Workshop Attachments: Agenda for Implementation Options Workshop 10_18_06.pdf Implementation Committee Members, Alternates and interested parties: The Santa Rosa Plain Conservation Strategy Implementation Committee will host an informational workshop on options for implementing the Conservation Strategy under the federal and state Endangered Species Ads. The workshop will be held on Wednesday, October 18, 2006, from 6:00 pm to 9:00 pm at the Santa Rosa City Council Chambers. A copy of the workshop agenda is attached. The workshop is intended to inform the Implementation Committee's future discussions and recommendations on local agency implementation of the Conservation Strategy. Ultimately, each local jurisdiction (the County of Sonoma and the cities of Santa Rosa, Rohnert Park and Cotati and the Town of Windsor) will need to decide these Implementation issues, so all governing body members from these jurisdictions are encouraged to attend. Please feel free to share this announcement with anyone you think would be interested. This will be a public meeting and all are welcome to attend. Pete Parkinson Sonoma County PRMD 10/2/2006 Santa Rosa Plain Conservation Strategy Implementation Committee Implementation Options for the Conservation Stramm orWh -oV Agenda October 18, 20o6, 6:oo p.m. to 9:oo p.m. Santa Rosa City Council Chambers 1. Introduction and Brief Overview of "take authorization" mechanisms under the federal Endangered Species Act (ESA) and the California Endangered Species Act (CESA) (US Fish and Wildlife Service & California Department of Fish and Game staff: i, — 20 minutes) II. Overview of Section 7 Programmatic Biological Opinion implementation option (FWS staff. 30 minutes) A. . Questions and Answers M. Overview of Section xo Incidental Take permit process (including. Habitat Conservation Plans) (FWS staff: 45 minutes) A. Template and "Low Effect" HCPs B. Individual Section io permits C. Regional Section xo permits D. Questions and Answers [lo minute break] 1V. Experiences of Other Jurisdictions (Panel Discussion: 6o — go minutes) A. John Kopchik, East Contra Costa -- HCP development issues B. Steve Mayo, San Joaquin County -- Implementation issues C. Questions and Answers V. Public Comment on Issues Not on the Agenda J RECEIVED OCT 1 0 2006 CITY OF ROHNERT PARK SONOMA COUNTY WASTE M" AGEIfiIENT AGENCY Special Meeting Regular Meeting (immediately following Special Meeting) October 18, 2006 8:30 am. City of Santa Rosa Utilities Department Subregion! Water Reclamation System Laguna Plant 4300 Llano Road, Santa Rosa, CA 95407 Estuary Meeting Room ITEM AC 1. Call to Order Special Meeting 2. Open Closed Session PURSUANT TO GOVERNMENT CODE SECTION 54957(bXl) and (4) PUBLIC EMPLOYEE PERFORMANCE EVALUATION TITLE: AGENCY DIRECTOR 3- Adjourn Clod Session 4. Call to Orderllntroductions d W (OUNTY Waw Asaxy Council: Miscellaneous Communications Agenda ()/g Copy to: Tsv,a f k copy to: 5. MgMmenWcorresoondence: Director's Agenda Notes 6. On file w /Clerk- for cony call 555 -3579 Res0IUti0n 2006-013 Second Amendment to Agreement with ECS Refining Resolution 2W"14 Establishing a Policy for Cost Recovery for amending the NDFE 7. Public Comments Q9.Ua= (w /attachments) 8.1 Minutes of September 20, 2006 Discussion/Action 2300 C-x ty Center Drive, Sues eloo Sartln RoW CnGim W VM RIM 707/585 2231 Fax TdTM"Tol wwwAwyctena "g 9.1 Spanish Language Eno -Desk Fitt Project (Attachments)[Wef is/Cioak] Discussion/Action 9.2 Education Program Update (Chit] DiscussioNAction HOtJ��HOLO HA7AI�IN'lt t� ���s max- 10.1 PreftkMY R on Evaluation of HHW Program(AnachrnentXftlisf weetSw1 DiscusSkwVActictn INiST ATIpN 11.1 Future Agency Funding (AttachmentsXWeRs/Coieson} Discussion/Action _G_OMPOSTIN ZAA -inn WAGS' 12.1 Program Status Report (Atfanhments)UlfeASJ DiscussioNAction 13. Boardmember Comments 14. Staff Comments 15. Adjourn CONSENT CALENDAR: These matters include routine financial and admili Stretive actions and are usually aPProved by a single majority vote. Any Boardmember may consent calendar. remove an item from the REGULAR CALENDAR: These items include Significant and adrmdnistrative actions of special we noticed and am classified by dam amen. The regular calendar also includes -Set Malt m," which hearings. work sessions and public hearings. PUMX COUNTS: Pursuant to Rule 6, Rules of Mme of the Sonoma Courtly Waste Agency, *dsdk*m Of the nos of the public desiring to sPeak on items that are within the Agency shall Dave an opportunity at the beg#eundng and during each regular ul A#iey. Where recognized by the Chak, each prior should give his/her rep name and address and comments to 3 minutes. Pub comments win fo#M the staff and subsequent Boardmember questions on that Agenda "item, and before Boardm a tubers P e a motion to vote on any item, DISABLED ACCOMMODATION: if you have a disability that requires the agenda materials to be in meaitemativa format or requires an it meter or other person to assist you white attending tits Ong. Ple"O contact Ken Wells at the Sonoma County Waste. Management Agency Office at 2300 County Center Drive, Suite !3100, Santa Rosa, (7707) 565 -Mg. at least 72 hours prior to the meeting. to ensure arrangements for accommodation by the Agency. 2M Coar0y Ceakr Drive, Suite 8100 Sande Rase. Cag"M 05403 panne: 707!565-2231 Fwc 7 071585 -3703 www.recyck aw.mg Compam"es dumplomc groods on U ®So consumer Less - stringent Council: environmental Miscellaneous Communications regulations Agenda allow product, Copy to: barred by { at: oD EU, Japan fnp T M 1Sy MARLA CONE LOS ANGELES TIMES OA19 AND — Destined for American kitch- ens, planks of birch and poplar plywood are stacked to the ceiling of a cavernous port ware- house. The wood, which arrived in California on a cargo ship, carries two labels: One pro - claims "Made in China," while the other warns that it contains formaldehyde, a cancer - causing chemical. Because formaldehyde wafts off the glues in this plywood, it is- illegal to sell in many coun- Tries — even tree one where it originated, ut1i- na. But in the United States this wood is legal, and it is routinely %crafted into cabinets and furniture. As the European Union and other nations have tightened their environmental stan- dards, mostly in the past two years, manufac- turers — here and around the world — are sell- ing goods to U.S. consumers that fail to meet other nations' stringent laws for toxic chemi- cals. Wood, toys, electronics, pesticides and cos- metics are among U.S. products that contain substances that are banned or restricted else- where, particularly in Europe and Japan, be- cause they may raise the risk of cancer, alter hormones or cause reproductive or neurologi- cal damage- . Michael Wilson, a professor at UC Berke- ley's Center for Occupational and Environ- mental Health; said the United States is be- coming a "dumping ground" for consumer goods that are unwanted and illegal in much of the world. Wilson warned earlier this year TURN TO DUMP, PAGE A9 X CONTINUED FROM PAGE Al in a report commissioned by ;the California Legislature that — the United States has fallen —behind globally in the move to- ,..,„ward cleaner technologies -" EU's strict standards The European Union, driv- en by consumers' concerns, has banned or heavily restrict- ed hundreds of toxic substanc- es in recent years, invoking its "precautionary principle," which is codified into law . and prescribes that protective steps should be taken when there is scientific evidence of risks to public health or the en- vironment. Meanwhile, the Environ- mental Protection Agency and other federal agencies have re- lied on voluntary steps from industries rather than regula- tions, saying the threats posed by low levels of chemicals are too uncertain to eliminate Products valuable to consum- ers or businesses. In the absence of U.S. regula- tions, some international con porations, including Hewlett- Packard, Dell, Mattel, Revlon and Orly International, have declared that -all their prod- ucts, no matter where they are made or sold, will comply with EU standards, the most strin- gent chemical laws in the world. "We don't operate to differ- ent standards in different parts of the globe, regardless of differing environmental standards," said John Frey, manager of corporate environ. mental strategies at Palo Alto - based Hewlett- Packard. But many U.S. and foreign companies do. Some toys; nail polishes and other beautyprod- ucts are made with plastic soft- eners and solvents called ph- thalates that the EU has banned as reproductive toxins. Several of U.S. agriculture's most popular herbicides and insecticides, including atra- zine, endosulfan and aldicarb, are illegal or restricted Jo emergency uses in other coun- tries. And a .few electronic items, including Palm's Treo 650 smart phone -and Apple's iSight camera, were pulled off shelves in Europe this sum- mer because of lead compo- nents but are still sold here. Industry groups say their products have undergone rig- orous reviews in the United States and are not only legal here but safe. They say some governments, particularly the EU, have overreacted and banned chemicals with little or no evidence of a human health threat. "Consumers can remain con- fident about using their cos- metics given their oversight by the Food and Drug Admin- istration, the extensive re- search on their- safety and long history of safe use," the Cos- metic, Toiletry and Fragrance Association said. Few bans from EPA The EPA hasn't eliminated any industrial compounds since it sought unsuccessfully to ban asbestos 18 years ago. Unlike EU policies, U.S. law re- quires the EPA to prove a tox- ic substance "presents an un- reasonable' risk of injury to health or the environment," consider the costs of restrict- ing its use and choose "the least • burdensome" approach to regulate industry. "The dumping problem is concentrated in a few product sectors. But these sectors hap- pen to be really ubiquitous in the everyday lives of Ameri- cans. Chemical risks are being spread all over the country in ways that are invisible to con- sumer's," said Alastair Iles; an international chemical policy expert who was a research fel- low at UC Berkeley and still works. with faculty there on consumer issues. Last Year, China exported to the United States more than half a billion dollars' worth of hardwood plywood — enough to build cabinets for 2 million kitchens, a sixfold increase since 2002.' While China sends low- formaldehyde timber to Japan and Europe, Americans are receiving wood that emits substantially higher levels of the chemical - One birch plank from Chi - na, bought at a Home Depot store in Portland, gave off 100 . times more formaldehyde than legal in Japan and 30 times more than allowed in Eu- rope and China, according to July tests conducted by a lab hired by an. Oregon -based wood products manufacturer. Types of • - • Flammable .. Pounds Collected 1,200,000- 1,000,000- 800 000 - ❑ 2006 est. ■Rover N _�»r o > i HHWCF 600,000 — „ " s _ ■ Load Check o a ■Sea Ranch ■Gualala 400,000 ❑ CESQG Taxi a ? .. �' ❑CESQG " a' 200,000— - ''S;- " ■ Taxi CTC 0 Paint Related 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 Year Excluding used oil centers Types of • - • Flammable .. Flammable Liquids Paint Related - :i9 S _ Automotive Motor Oil 5% Poisons 4% Fluorescent 2% Aerosols 2% Antifreezes 2% Latex Paint 32% Cylinders 1% Othert Household 1% `l Participation by Community f_.; It 5 i Participation by Household 16,000�� :- a 14,000 12,000 p 5 y E s ®Sea Ranch 10,000 4 -_ �. ❑ Gualala d 8,000 *L ■ Cloverdale Guerneville p 6,000`: 0 Windsor _ 4,000, ■ Healdsburg al ■ Cotati 2,000_ '# M. ■Sonoma - _ ■ Sebastopol 1997 1998 1999 2000 2001 .2002 2003 2004 2005 o Rohnert Park ■ Petaluma Year ■ Santa Rosa oil centers Excluding used Participation by Community f_.; It 5 Preliminary Program Comparisons Targeted survey Jurisdictions Central Contra Costa District / FACILITY HHW FACILITY CESQG TOXIC -ROVER CTC HHW CTC CESQG LOAD CHECK TOTAL Number of Participants 12,911 204 220 1051 8 21 Pickups 14,394 Total Recycled/ Disposed (pounds) 936,937 50,912 83,765 96,379 625 60,634 1,229,251 HHNCF,iCESQG, Reuse• Sonoma County � 472,725 facility, Usedbil centers;; Total Recycled/ Disposed Costs $426,712 $34,566 $45,021 $50,261 $543 $27,141 $584,244 Mobilization Costs $260,571 $5,100 $8,838 $57,941 $200 $3,150 $335,800 Total Costs $687,283 $39,666 $53,860 $108,202 $743 $30,291 $920,044 Revenue Fee Paid Fee Paid Pounds per participant 73 250 381 92 78 Cost per pound. $0.73 $0.78 $0.84 $1.12 $1.19 $0.50 Cost per Participant $53 $194 $245 $103 $93 Percentage -Total Pounds 76% 4.1 % 5.8% 7.8% 0.05% 4.9% 100% Total Costs 75% 4.3% 5.9% 11.8% 0.08% 3.3% 100% Targeted survey Jurisdictions Central Contra Costa District / HHWCF, CESQG, Reuse Mt. View Sanitary District 440,000 facility, Used oil centers HHWCF (2), CESQG, Kern County 757,900 HHWCE (22), reuse City of Sacramento 457,500 HHWCF, CESQG, Reuse Monterey Regional Waste 425,000 HHWCF, CESQG, Reuse Management District Center, Used oil centers San Joaquin County 664,116 HHWCF, CESQG, Reuse HHNCF,iCESQG, Reuse• Sonoma County � 472,725 facility, Usedbil centers;; CTC, Mobile 9 Surveyed Program Cost Summary Comparison Public versus Private Operated HHW Program Program Feature Private: Operated; : Public Operated Labor Cost Central Tends higher Disposal Tends higher San Supplies Inconclusive Contra Inconclusive Cost per pound Inconclusive Joaquin City of Sonoma Costa San. Kern Monterey County Sacramento County District County RWMD Summary Cost Category Private Private Private Public Public Public Labor $186,000 $169,823 $286,640 $470,000 $364,000 $255,000 Percent of total 33.9% 457% 35.5% 48.4% 70.6% 63.8% Supplies contractor provides $57,070 $17,760 $64,500 $58,000 $15,000 Percent of total 0.0% 15.4% 2.2% 6.6% 11.3% 3.8% Disposal $355,000 $124,384 $490,518 $361,000 $93,470 $100,000 Percent of total - 64.7% 33.5% 60.7% 37.2% 18.1% 25.0% Subtotal Labor, Supplies, Disposal $541,000 $351,277 $794,918 $895,500 $515,470 $370,000 Total $548,885 $371,595 1 $807,758 $971,500 $515,470 $400,000 Comparison Public versus Private Operated HHW Program Program Feature Private: Operated; : Public Operated Labor Cost Tends higher Disposal Tends higher Supplies Inconclusive Pounds collected Inconclusive Cost per pound Inconclusive Percent Households Served Tends higher Findings & Recommendations • Existing Facility Operations • Paint Bulking • Expand Existing Facility • Reuse Program • CESQG Collection • Toxic Rover Mobile Collection • Community Toxic Collection (CTC) Existing Facility Operations • Facility constantly crowded • Serves as hub for waste deliveries • Weekly Shipment — time intensive • Recommendations — Reorganize bays for better segregation — Consider alternative disposal options for non- hazardous or low hazard wastes — Expand external storage 8 Expand Existing Facility • Expand use of outside storage area — Relocate Latex Paint bulking and storage — Used oil and antifreeze tank relocation — Universal waste storage • Expand interior storage capacity — End of aisle storage — Reconfigure ventilation hood area 9 Paint Bulking • New operation to save cost & increase reuse • Improve bulking operation for increased efficiency and ergonomics — Use air mixer — Redesign paint filtering apparatus — Use stationary drum holder — Increase work height Reuse Program • Provides significant -cost savings — 273,989 pounds reused (minimum estimate) — $202,751 estimated cost savings • Recommendations — Simplify Reuse Program tracking system - Obtain actual weights on reuse 10 CESQG Collection • Currently assess $25 registration fee plus disposal cost • Facility - Collected 50,912 pounds in 2005 — Charged $39,666 • CTC — Collected 625 pounds in 2005, Charged $742.50 • Recommendations Reevaluate cost fee structure - Increase user fee for large amounts 11 wlw�wiw��w�■���� wiiwwi■��i�� • w!iliw�www��■� wliwliwl�r liiwwiwi�� CESQG Collection • Currently assess $25 registration fee plus disposal cost • Facility - Collected 50,912 pounds in 2005 — Charged $39,666 • CTC — Collected 625 pounds in 2005, Charged $742.50 • Recommendations Reevaluate cost fee structure - Increase user fee for large amounts 11 Toxic Rover - Mobile Collection • $35 fee for pickup service • Free for homebound seniors and disabled • 2005 Data — 220 Users with 149 paying for service — Collected 83,379 pounds,, — Cost $53,960 • Recommendations — Evaluate increasing user fee Community Toxic Collection (CTC) • Users 1,051 @ 37 events in 2005 • Collected 96,379 pounds • Cost $108,202 • Recommendation — Consider locating additional storage locations at frequent sites 12 Future Infrastructure Analysis • Current infrastructure undersized & facility is physically limited for additional expansion • Anticipated population and program growth will only exacerbate limitations of the current system by putting additional demands on the system. • Typically, the cost of the permanent collection facility is the most cost effective part of the program on a per pound and per customer served basis. • Additional permanent collection sites will provide higher levels of service, and could be designed to reduce the operating pressure on the HTF. • Additional permanent collection sites could be sized and located to strategically to provide better system availability and increased efficiencies. 13 Program Usage Comparison 14,000 1,000,000 900,000 ` 12,000 800,000 700 000 10,000 N 600X0 8,000 N _ 3 >3 3 500,000 V p 6,000 400,000 fl 300,000 $ §rt r 4,000 FZ 200,000 ate;. 2,000 100,000 - 0 i O G G G +\� ,`G OPO G PG\�\ 40 F G\��� FP Total Pounds —4�— Number of Participants Future Infrastructure Analysis • Current infrastructure undersized & facility is physically limited for additional expansion • Anticipated population and program growth will only exacerbate limitations of the current system by putting additional demands on the system. • Typically, the cost of the permanent collection facility is the most cost effective part of the program on a per pound and per customer served basis. • Additional permanent collection sites will provide higher levels of service, and could be designed to reduce the operating pressure on the HTF. • Additional permanent collection sites could be sized and located to strategically to provide better system availability and increased efficiencies. 13 Percent of HHW Service to Cities by the HTF City Percent of HHW Provided by HTF Petaluma 98.2% Cotati 97.9% Rohnert Park 96.5% Sebastopol 96.2% Santa Rosa 91.2% Sonoma 85.9% Windsor 68.3% Healdsburg 65.8% Cloverdale 56.4% Participation by Community 'C' �. lwaY L: f � O =Household Tobcs Facility (HTF) a " A = Car nwnity Toxics Collections (CTC) • = CTC Serviced byMendocino $ran Francisco _ = Participation in HTF greater than 80% l ,ems = Participation in HTF betweeng0%and 90% = Participation in HTF less 6. 70% im Satellite Facility Expansion • Expansion of the permanent collection system can take different forms including: • Type A - Full- service collection facility similar in nature to the existing HTF • Type B - Full- service collection facility with more limited hours and little or no processing • Type C - Collection point that provides a building for staging of materials, supplies, and storage of partially full containers Remaining Tasks • Finalize the current tasks • Finish research on funding sources • Final Report Expected November 2006 15 3 C]w OF RpHNER 4AN AGJJ' ��- E i josuods tuluAloid sjUaAa Slqj 01 S31UIglql SUEN SZ6t,6 VD 'Nlud IIOLNO�l PJCADlnog 0013wwOO 0S0 loomu" 1(41D � OJUOG ;)AOIS g +,.3-100 rfl LOV96 VD't'SO'dulut'S OOIL XOq *0 'd UOISIA!G-UJOqVOM NOIIVIZ)OSSV SMU'llfIll 9WO14 s3ljlunauwmwmj3qj ul Sulpllnq3tuoq Sulp3ile Isom smm, 3qj uo lqSlsul ilaql Sulallo snSeue"p l4uno3 etuouoS leilu331 jo pued e slu3s3id uolspila uj3qjjoN 3INV8H SONOMA MOUNTAIN d /obeli VILLAGE The Largest Private Solar System in California Turn -On -The Power Event Tuesday, October 24, 10 AM Sonoma Mountain Village, Rohnert Park We invite you to the dedication of the largest private solar system in the State of California on Tuesday, October 24 at 10 am at Sonoma Mountain Village on the former Hewlett - Packard/Agilent Campus in Rohnert Park. This massive 90,000 square foot solar panel installation, provided by Powerlight, will generate an impressive 1.14 Megawatts and power the majority of the Sonoma Mountain Business Center, which includes four large office buildings that are being renovated for reuse in this state -of- the -art New Urbanism community. The energy from the system is enough to completely power 750 homes during peak periods and enough to power 400 homes year- round. For more information, visit us at www.sonomamountainvillage.com or call 707 - 795 -3550. 9 (10 Council: I X 1 Miscellaneous i Sonoma County Library I Coy to: ' ROHNERT PARK - COTATI REGIONAL LIBRARY ADVISORY BOA 'y t.. o: AGENDA 16 • 19.66 Tuesday, October 17, 2006 6:30 p.m. Conference Room 6250 Lynne Conde Way, Rohnert Park, CA 94928 1. CONVENING 2. MINUTES OF THE MEETING OF July 18, 2006 3. PUBLIC APPEARANCES An opportunity for members of the public to address the Board. 4. LIBRARY COMMISSIONER'S REPORT An opportunity for the Commissioner to share information. 5. LIBRARY DIRECTOR'S REPORT An opportunity for the Library Director to share information. 6. BRANCH MANAGER'S REPORT An opportunity for the Branch Manager to share information. 6.1 Art Committee Action item. 7. CITY LIAISONS' REPORT An opportunity for the city liaisons to share information. 8. FRIENDS' OF THE LIBRARY REPORT An opportunity for the Friends to share information. 8.1 Book sale and bookstore Report 9. ADVISORY BOARD INFORMATION ITEMS An opportunity for members of the advisory board to present brief, factual information, respond to public comments, place items on the next agenda, or to request information from the Library Director or the Branch Manager. 10. ADJOURNMENT COUNCIL COMMUNICATIONS (10/24/06) North Bay Corporation PO Box 1916 Santa Rosa, CA 95402 -1916 p 707 - 586 -5533 f 707- 586 -5543 Linda Huntley City of Rohnert Park 6800 Hunter Drive, Suite B P.O. Box 1489 Rohnert Park CA 95428 October 3, 2006 Re: AB939 Diversion Rate Dear Linda, RECEIVED OCT 1 0 2006 CTTy OF ROMERT PARK COUNCIL: MISCELLANEOUS COMMUNICATIONS AGENDA COPY TO: COPY TO: I b P6 I5� In August, the California Integrated Waste Management Board (CIWMB) announced that the State of California has achieved an overall AB 939 Diversion Rate of 52 %. This follows years of concerted efforts by jurisdictions throughout the State to develop and implement successful diversion and waste reduction programs. North Bay Corporation, in partnership with the City of Rohnert Park, is pleased to be a part of the effort that has put the City and the County of Sonoma ahead of this California milestone. The CIWMB recently reported the Sonoma County diversion rate in Sonoma County as 59 %. The combined efforts of single stream recycling, weekly yard waste collection, aggressive public education and waste reduction efforts in the residential, commercial and multifamily sectors, along with the funding by North Bay Corporation for a new AB939 Base Year Study, has helped place the City of Rohnert Park and the County of Sonoma ahead of the curve. North Bay Corporation looks forward to working with the by to continue this trend in the future. Sincer ly, Pa ela Davis Community Outreach & Recycling Manager .�� VAR- ,. Cc: 1-111efflaNk � ,�. � xs'�City Council Kristina Owens, Utility Billing Manager Sandy Lipitz, Finance Director James Salyers, North Bay Corporation attachment 'alifornia reaches environmental milestone: State recycling office an.. California Home Press.Room Home Archived Releases Broadcasts I Videos News Media Resources Search the Press Room Diversion Rates Integrated Waste Management Board August 29, 2006 2006 - Release 32 http://www.ciwmb.ca.gov/Pressroom/2006/August/32.htm Search Index Contact Us Help For more information contact: )on Myers I Lanny Clavecilla (916) 341 -6300 E -mail the Public Affairs Office California reaches environmental milestone: State recycling office announces 50% waste diversion met SACRAMENTO —Thank you California, you've done it! After more than a decade of infrastructure and effort, early years of doubt and nay saying and a seismic shift in public opinion, California now diverts 52 percer of the 88 million tons of solid municipal wastes it generates yearly. The official 52 percent statewide diversion rate meets a legislatively imposed mandate and places the state at the forefront of national efforts to reduce and recycle our trash. Meeting at the California Environmental Protection Agency building in Sacramento today, the California Integrated Waste Management Board announced that the goal first set forth in the Integrated Waste Management Act of 1989 has been reached, reversing a time when residents and workplaces routinely landfilled 90 percent of their garbage. "I am proud of how California has once again accomplished the so- called 'impossible' through perseverance and ingenuity," said Board Chair Margo Reid Brown. "Achieving this goal demonstrated a long -term commitment from both private and public enterprises and a willingness to do what is right for our environment." Calculated through a series of comprehensive standards used by the California Integrated Waste Management Board, the new rate reflects the impact of population and economic growth during the year. The Board reviews waste generation and disposal tonnages and annual reports submitted to the State by hundreds of cities, counties and regional waste management compacts. In addition, waste tonnages are calculated based on landfill disposal fees collected by the State Board of Equalization and paid to the Waste Board. The Waste Board receives approximately $1.40 for every ton of waste disposed in California landfills. The state's landmark Integrated Waste Ianagement Act of 1989 charged the Board with implementing far - reaching provisions and moving cities and counties —and ultimately the state, itself —to higher waste diversion levels. In 1990, California diverted just 10 percent of its waste stream, causing consternation in some circles as to the remaining landfill capacity needed to meet disposal requirements. The Act required individual cities and counties to cut their disposal rates in half, but left the mechanics for doing so largely up to each jurisdiction, in light of thei individual needs and available resources. The Board provided Ztate sweeping oversight, as well as technical guidance and financial assistance on programs to increase waste diversion. Over the years, the Board has awarded approximately $413,000,000 through more than 6,100 grants to further waste reduction and recycling activities in the state. Today, California views the folly of throwing so much away in reminisce. Nearly 500 cities, counties and regional waste management compacts around the state contribute to a multi - million dollar infrastructure of waste handling options for of 2 10/3/06 3:00 PM .alifornia reaches environmental milestone: State recycling office an... http:// www. ciwmb. ca. gov /PressroonV2006 /August/32.htm residents and businesses talike. Curbside waste pickup services, recycling bins, waste sorting facilities, green waste composting, used oil collection centers, hundreds of permitted and active landfills, household hazardous waste amnesty days or centers, recycled content procurement practices, broadcast and written public education campaigns, electronic waste stewardship, waste tire tracking manifests, "green" buildings, public recognition awards and myriad other programs abound, routing tons of salvageable materials to innovative markets that didn't exist just a few years ago. The outcome is a statewide municipal waste diversion record, a blossoming recycling- oriented economy and the creation and expansion of robust markets for recyclable materials that leads the nation by example. In California, waste recycling and management ranks on a scale comparable to the state's vaunted entertainment industry in terms of produced yearly revenue and is responsible for the creation of thousands of jobs. By reducing the trash thrown away and recycling it or reusing it, California has created a mainstream Industry of statewide importance comprised of 5,300 establishments. Recycling now accounts for 85,000 jobs, generates $4 billion in salaries and wages and produces $10 billion worth of goods and services annually. The environmental impacts of recycling are astounding. Each year recycling saves enough energy to power 1.4 million California homes and reduces water pollution by 27,047 tons. Furthermore, each year recycling saves 14 million trees and helps to reduce air pollution by 165,142 tons. All of these efforts are working to reduce greenhouse gas emissions by an amount equal to taking 3.8 million passenger cars off the highway. The California Integrated Waste Management Board is the State's leading authority on recycling and waste reduction. It promotes a zero waste California in partnership with local government, industry, and the public. This means reducing waste whenever possible, promoting the management of all materials to their highest and best use, and protecting public health and safety and the environment. The California Integrated Waste Management Board is one of six boards, departments, and offices within the California Environmental Protection Agency (Cal EPA). Zero Waste California Visit us at www.ciwmb.ca.gov to learn more about reducing waste. Press Room http: / /www.ciwmb.ca.gov /Pressroom/ Public Affairs Office: opa @ciwmb.ca.gov (916) 341 -6300 @1995, 2006 California Integrated Waste Management Board. All rights reserved. Terms of Use /Privacy of 2 10/3/06 3:00 PM ✓ essage Lidster, Beth From: L Hammer [Ihammer @lightspeed.net] Misc Sent: Thursday, October 05, 2006 5:23 PM Com Agei To: CRldude @aol.com Copy to: Cc: 'mike retzlaff Copy to: Subject: RE: Follow up from Rohnert Park Page 1 of 1 ets move forward and plan on the first 70 foot PSW Cal Ripken Regional to be in Rohnert Park for 2007. was impressed with your facilities, committee and community. I will be at international meeting first week of December and hope to ave better picture of host family program, and direction that Babe Ruth will let us follow.but I think we need to move forward with lans that it will be optional and should be ready to house min of 5 teams. ooking forward to working with you to make this a great regional tournament. 'hanks again eonard - - - -- Original Message---- - From: CRIdude @aol.com [mailto:CRIdude @ aol.com] Sent: Wednesday, October 04, 2006 9:39 PM To: Ihammer @lightspeed.net Subject: Follow up from Rohnert Park Leonard, I didn't get the chance to officially thank you for taking the time to come visit with us and see our facilities. It was a pleasure talking with you about baseball and life in general. We greatly appreciated you taking the time out of your busy schedule to come to Rohnert Park. I believe we have some of the finest facilities in Northern California and we would be honored to be chosen the host of the 2007 Pacific NW 12 year old 70' Regional Tournament. I personally think you could not go wrong doing this. That is how much I believe in the Board, the City and the baseball people who reside in the area. If there is anything else I can provide just let me know. Otherwise I look forward to hearing from you concerning the tournament some time in the near future. Once again thanks for coming and thank you for all you have given to youth baseball over the years. I appreciate it, my sons do and I'm sure all those that you have touched do. Keep up the good work. Best Regards, Mark Giunchigliani District 2 Commissioner 707 -321 -8457 No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.0.407 / Virus Database: 268.12.13/463 - Release Date: 10/4/2006 o virus found in this outgoing message, hecked by AVG Free Edition. ersion: 7.0.407 / Virus Database: 268.12.13/463 - Release Date: 10/4/2006 0/12/2006 1 CITY OF ROHNERT PARK DEPARTMENT OF PUBLIC SAFETY POLICE AND FIRES RVI Eq Thomas R. Bullard, Director RECEIVED Carl Wong, Ed.D. OCT Y 6 2006 Superintendent of Schools 5340 Skylane Boulevard CITY OF ROHNERT PARK Santa Rosa, Ca 95403 -8246 Dear Dr. Wong: COUNCIL: � MISCELLANEOUS COMMUNICATIONS AGENDA COPY T0: COPY TO: 500 CITY CENTER DRIVE - ROHNERT PARK, CALIFORNIA -- 94928-2118 phone: (707) 584 -2600 - fax: (707) 584 -2683 N. Sonoma Count ®Office ofEducation October 5, 2006 5340, Skylane Boulevard Santa Rosa, CA 95403 -8246 (707) 524 -2600 ■ www.scoe.org Thomas Bullard Director of Public Safety Department of Public Safety 500 City Hall Drive Rohnert Park, CA 94928 Re: Officer John Gilson It is my professional privilege, on behalf of the Son a om County Office of Education and the Rohnert Park Community School, to submit this "Letter of Commendation" of Officer John Gilson for his active support of the students and staff at this alternative school. The Community School, located at 201 -A Jimmy Rogers Lane, provides educational services to high school students, addressing diploma and GED requirements. In communications with my office, Cotati - Rohnert Park Unified School District Superintendent Michael Watenpaugh confirms the positive and collaborative partnership that exists between the district and the Public Safety Team. It is clear that both agencies view campus safety and security as important as academic standards and student achievement. The ability of Officer Gilson to be responsive to the needs of the Community School as well as special education classes at Creekside Middle School and Rancho Cotate High is appreciated by staff, students, and parents. The support our school staff receives from Officer Gilson is greatly valued, especially since this is above and beyond his official duties. (I understand that he is not assigned to the Community School in the official capacity of a School Resource Officer.) Recognizing that limited resources challenge the Public Safety Department, I would welcome a meeting with you to discuss how our office might make a small contribution to support the services of Officer Gilson at the Rohnert Park Community School, Please contact me at 524 -2603 or Email: cwong @scoe.org. Once again, our collective "Thanks" to Officer Gilson for his professional and personal efforts in support of Sonoma County's students! Sincerely, Carl Wong, Ed. D. cc. Superintendent Michael Watenpaugh Cotati- Rohnert Park Unified School District Carl Wong, Ed.D. ■ Superintendent of Schools Board of Education ■ Karen Bosworth, Pat Hummel, Jill Kaufman, John Musilli, Ray Peterson, Kathleen Willbanks, David B. Wolf, Ph.D. Upcoming Events Next Council Meeting October 24, 2006 Please let Beth know the events that you wish to attend Note: Mayor Tim Smith out of town 12/8 -12/13 Councilmember Mackenzie out of town 12/8 -12/14 Dan Schwarz away 10/25 -27 Thursday, 10/12 ABAG Emergency Preparedness Symposium - What Every Elected Official Should Know 9:00am- 12:30pm. Oakland. (Lt. Frazer attending) Thursday, 10/12 Bridging the Town -Gown Divide: Issues in Transportation and Housing UC Davis. 9am -5pm (TS attending) Friday, 10/13 Fiji Day Celebration Opening Ceremonies w/FIJI Ambassador to US attending 9:30am. Magnolia Park 1401 Middlebrook Way (TS attending) Friday, 10/13 Economic Development Subcommittee Meeting 2:00pm. Conference Room (AF/WM attending) Friday, 10/13 Free Small Business Fair (State Board of Equalization) 9am — 4pm. Marin Center; San Rafael Saturday, 10/14 Casino Night for Project Graduation 7pm- midnight. Sonoma Mountain Village October 16 Bay Area Elected Officials Forum UC Berkeley (TS attending) Monday, 10/16 Sonoma County Transportation Authority (SCTA) 3:00pm. 2550 Ventura Avenue; Santa Rosa. (JMattending) October 16 — 20 Community Cleanup Tuesday, 10/17 Ribbon Cutting re: Hinebaugh Creek Bicycle/Pedestrian Bridge 11 am. Commerce Blvd. / Hinebaugh Creek Bike Bridge Wednesday, 10/18,11/15 Community Tours of Rancho Cotate High School (see great things happening to campus) 9 -10am. Meet at Flagpole. October 10 -20 Watershed Partnership Seminar [Executive Level Course in watershed science & management techniques] Mission Inn. Riverside, CA Wednesday, 10/18 Santa Rosa Plain Conservation Strategy Implementation Committee Workshop 6:00- 9:00pm., Santa Rosa City Council Chambers Wednesday, 10/18 City Managers Night Santa Rosa (TS /SD attending) Friday, 10/20 Tribal Ad Hoc Committee 2:30 p.m. - Santa Rosa (TS/VVM attending) Saturday, 10/21 ECA's 14"' Annual "Days of Wine & Dozers" Rock & Roll Fabulous Fifties Auction Santa Rosa Golf & Country Club Saturday, 10/21 Sonoma County 4 -H Achievement Night 7:00 p.m. Rohnert Park 4 -H Center (TS attending) Monday, 10/23 Election: Voter Registration Deadline Monday- Wednesday 10/23 -10/25 CALFED Bay -Delta Science Conference [Science for a Changing Environment] Sacramento Convention Center Tuesday, 10/24 Sonoma Mountain Village Turn on the Power Event 10:00 a.m. (TS attending) WednesdU, 10/25 Community Voice Newspaper meeting to get ideas /suggestions for weekly publication 6 -8pm. RP Community Center. Refreshments served Thursday, 10/26 RRWA BOD Meeting with Guest Speaker Jennifer Jackson of EBMUD (JM attending) ThursdU, 10/26 ABAG Fall General Assembly Sam — 2:30pm Oakland Marriott City Center Saturday, 10/28 Senior Variety Show Performing Arts Center Tuesday, 10/31 Election: Deadline to request Absentee Vote by mail Wednesday, 11 /1 Santa Rosa Subr,,gional Water Reuse System T A C Cancellation Laguna Treatment Plant Wednesday, 11 /1 Noon Times 11:30am. Wedgewood Banquet Center; Foxtail (TS attending) Friday, 11/3 Dr. Chris Thornberg, Senior Economist with UCLA Anderson Forecast Breakfast. Hyatt Vineyard Creek Hotel, SR. Thursday. Community Choice Aggregation: A Workshop for Local Government Leaders I Oam- 3:30pm Oakland (Steve Donley attending) Thursday, 11/9 The Ambrose & Barbara Nichols Founders Society Luncheon Noon -2pm. The Cooperage, SSU (TS attending) Tuesday, 11/14 Women in Business: Suzanne Woo, Author 72 Secrets for Successful Business Golf November 15 -17 MWMA 2006 Fall Summit [Municipal Waste Management] West Palm Beach, FL 202 -861 -6770 Thursday, 11/16 2 "d Annual Bay Area Local Elected Officials Leadership Forum 8:45am- 4:30pm UC Berkeley Thursday, 11/30 6th Annual Spirit of Sonoma County Awards Luncheon [honoring chambers, trade organizations throughout county] DoubleTree Hotel, RP December 5 Election: Deadline to certify election results December 5 -8, 2006 ACWA Fall Conference & Exhibition Disneyland Hotel; Anaheim i AGENDA FORECAST November 14, 2006 City Council Meeting Mayor Smith out of town 12/8 -12/13 Council Member Mackenzie out of town 12/8 -12/14 Gabrielle: 510-273-8787 Work Session: Pledge of Allegiance: Waldo Rohnert Elementary School Student Closed Session: Scheduled Public Speaker: Chamber of Commerce Quarterly Report, Goals, New Member Highlights, and Events State of CA Housing and Community Development [HCD] Presentation of Workforce Housing Reward Program Award Consent Calendar: 2006 - Landscape Maintenance Contract, Call for Bids 2006 -CIMIS weather station agreement - 2 agreements (tentative agenda item) 2006 - Hinebaugh Creek Bike Bridge Notice of Completion (tentative agenda item) 2006 -Canon Manor Lateral Inspection Memorandum of Understanding Individual City Council Items: Community Development Commission City of RP & CDC will hold a joint public hearing to consider 3`a Amendment to the Redevelopment Plan for the RP Redevelopment Project (to increase the limit of the amount of bonded indebtedness which may be outstanding at any one time from $80 million to $150 million. Ordinances ■ Adoption of Ordinance No. 769 Amending Chapter 12.24 (Public Tree Care) and title 17 (Zoning Ordinance) of the Rohnert Park Municipal Code to Address Tree Preservation and Protection (File Number PL2006- 031MC) Committee Reports: Water Issues Subcommittee meeting, 10/25 — AF /JM Creeks Master Plan Subcommittee meeting, 10/25 — AF /JM Russian River Watershed Association meeting, 10/26 — JM ABAG Fall General Assembly, 10/26 — JM Tennis Courts Dedication, 10/26 — TS /JM Rebuilding Together, 10/28 — TS ( ?) Sports Center Solar Panel, Re -Roof, and Weight Equipment Dedication, 11/6 — TS /JM Veterans Day Celebration, 11/11 — TS /JM North Bay Industries Flag Ceremony — 11 /11 — TS /JM City Manager's /City Attorney's Report Page 1 of 2 Tim Smith Council: _. Miscefianeon From:. tsmithlaw @comcast.net Communications Sent: Monday, October 16, 2006 6:32 AM Agenda e Copy to: To: Tim Smith Copy to: Subject: Bee/Weintraub on Sun /10- 15 -06: retiree benefits 1 a • jQ • b6 g - roR ITEM 11,1 --- Daniel Weintraub: In a pickle over plans to pay for retirement By Daniel Weintraub - Bee Columnist Published 12:00 am PDT Sunday, October 15, 2006 When Tim Smith was running for City Council a few years ago in the Sonoma County town of Rohnert Park, he noticed a footnote in a city document that mentioned the public's liability for health care benefits the city had promised its employees in retirement: $39 million. That seemed like a big number for such a small town, and Smith, who is now mayor, began asking questions. Why did the city owe so much money? How was it going to pay its obligation? And why was such an important issue buried in a footnote instead of front and center in the city's budget? "Most people don't read footnotes," Smith said. Now, a lot of people are asking those questions all over California. Thanks to a ruling from a board that oversees government accounting practices, the state, local governments and school districts will soon be forced to come clean about the cost of promises they have made to their employees over the years. For the state government alone, those costs are now projected at more than $40 billion. The costs for counties, cities and schools will likely add tens of billions of dollars more to that tab. The problem stems from the fact that many government employees are allowed to retire with full pension benefits in their 50s, years before the federal Medicare program kicks in for their health care. To cover them until they turn 65 and to fill some gaps in Medicare even after retirees are eligible for that program, governments have agreed to pay for insurance in retirement. But unlike pension obligations, which are usually prepaid at the time the employee is working and earning his or her benefit, retiree health care has been treated as a "pay -as- you -go" item, with little or no money set aside to cover the future cost. That means taxpayers years from now will be on the hook to pay for the health care of today's employees when they retire, at the same time those taxpayers will also be paying the salaries and health care for an active work force that is providing services. And since the number of retirees is growing and the cost of health care is rising, recent estimates of the future burden have shown it soaring to the point it may not be manageable. That's certainly the case in Rohnert Park, according to the mayor. After Smith was elected to the council, he became something of an evangelist on this issue, warning 10/16/2006 Page 2 of 2 anyone who would listen that his city's experience was a tiny microcosm of the problem faced by public agencies everywhere. An updated analysis for the city has concluded that Rohnert Park's obligation for retiree health care was even larger than Smith feared. It is now estimated at $52 million and rising. To pay for the li`ealih`care of current retirees and eliminate that unfunded liability for those who will retire in the future, the city would have to set aside about $4.6 million a year for the next 30 years. But Rohnert Park, a city of about 44,000 people, has a budget of only about $28 million a year. That means that about 16 percent of the budget would have to go for the health care obligation, an amount equivalent to about half of what the city now spends on everything other than public safety. "This is not the kind of situation you can solve by saying we're going to mow the grass every other week instead of every week," Smith said. "You can't address it in a meaningful way without taking a holistic approach to the benefits that are offered to our city employees." Unlike pension benefits, which the courts have ruled are vested rights that cannot be taken away, the legal consensus on health care seems to be that in most cases, the coverage is not guaranteed until the employee retires and begins depending on it. So governments still have the ability to adjust their policies for current workers who have not yet retired. Given the projected costs, such adjustments seem inevitable, unless voters want to pay higher taxes or reduce their services in order to pay for the health care of public employees who retire before age 65. The sooner those changes are made, the better, so employees know what to expect and can better plan for their retirements. In the end, the most logical, sustainable way to deal with the issue is to make public sector employees, like most private sector employees, responsible for their own health insurance premiums if they choose to retire before they are eligible for Medicare. Employees who plan to stop working before they turn 65 can set aside some of their paycheck each month so that they can pay their premiums in early retirement. Government employers can even set up accounts with automatic deductions to make this easier for their workers. If public agencies decide instead that the taxpayers should continue to pay for retiree health care, then they need to be honest about it, stop putting off the obligation, and ask the voters to begin paying up -- now. About the writer: • The Bee's Daniel Weintraub can be reached at (916) 321 -1914 or at dweintraub@sacbee.com 10/16/2006 Hauff, Jud From: Schwarz, Dan Sent: Tuesday, October 17, 2006 2:42 PM To; Hauff,Judy Subject: CM report Judy: Under City Manager Report, Steve would like this bullet: Asst. City Manager appointed by Municipal Managers of Northern California to League of California Cities Committee on Housing, Community, and Economic Development. Feel free to use abbreviations if you need space. Dan Dan Schwarz, Asst. City Manager City of Rohnert Park dschwarz @rpcity.org (707) 588 -2212 (707) 588 -2263 fax www.rpcity.org 1