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2008/05/13 City Council Agenda PacketJudy Hauff City Clerk City Hall City of Rohnert Park ♦ 6750 Commerce Boulevard ♦ Rohnert Park, California 94928 Phone: (707)588 -2227 ♦ FAX: (707)588 -2274 ♦ WEB: www.rpeity.org ROHNERT PARK CITY COUNCIL Community Development Commission Rohnert Park Financing Authority CONCURRENT MEETINGS AGENDA Tuesday, May 13, 2008 MEETING LOCATION: CITY HALL - COUNCIL CHAMBERS 6750 Commerce Boulevard, Rohnert Park, California NOTICE OF PARTICIPATION BY TELECONFERENCE These special and concurrent meetings will include the participation of Council Member Vicki Vidak- Martinez by teleconference in the Doubletree Hotel located at 201 Marquette N.W., Albuquerque, New Mexico, in a location that is publicly accessible. This Agenda shall be posted at that location. 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 Council /CDC /RPFA Agendas and Minutes may be viewed at the City's website: www.rpcityor� Council /CDC /RPFA may discuss and /or take action on any or all of the items listed on this agenda. If you challenge decisions of the City Council, 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.) Copies of all staff reports and documents subject to disclosure that relate to each item of business referred to on the agenda are available for public inspection by 11:00 a.m. the Friday before each regularly scheduled City Council meeting at City Hall, located at 6750 Commerce Boulevard. Any writings or documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will also be made available for inspection at City Hall between the hours of 8:00 a.m. and 5:00 p.m. City of Rohnert Park CONCURRENT MEETINGS Agenda (2 of 6) May 13, 2008 for City Council /Community Development Commission /Rohnert Park Financing Authority 5:00 p.m. SPECIAL MEETING /WORK SESSION City Council Special Meeting /Work Session - Call to Order Roll Call (Breeze_ Smith_ Stafford_ Vidak - Martinez_ Mackenzie 1. Unscheduled Public Appearances /Comments 2. Work Session Items for Review, Discussion and /or Direction: • Three Year Budget Review • City Budget for Fiscal Year 2008 -2009 urnment of Special Meeting/Work Session no later than 6:30 p.m. 6:30 p.m. CITY COUNCIL REGULAR MEETING - Call to Order Roll Call (Breeze_ Smith_ Stafford_ Vidak - Martinez_ Mackenzie ) Pledge of Allegiance — Led by K. C. McNaughton, Student, Thomas Page Elementary School 1. SONOMA STATE UNIVERSITY (SSU) STUDENT REPORT • Sonoma State University Associated Students, Inc. by Heather Hanson, University Affairs Coordinator 2. UNSCHEDULED PUBLIC APPEARANCES /COMMENTS: For public comment on items listed or not listed on the agenda, or on agenda items if unable to speak at the scheduled time (limited to 3 -5 minutes per appearance and a 30 minute total time limit, or allocation of time based on number of speaker cards submitted) - PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING — *SEE NOTE ON LAST PAGE OF THIS AGENDA 3. CONSENT CALENDAR All items on the consent calendar will be 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. Approval of Minutes for: • Special Joint Meeting of the Rohnert Park City Council and the Parks, Recreation and Open Space (PROS) Committee — April 22, 2008 • City Council Portion of Regular Concurrent Meetings — April 22, 2008 2. Approval of City Bills /Demands for Payment 3. Accepting Cash /Investments Report for: Months Ending July, August, September, and October, 2007 City of Rohnert Park CONCURRENT MEETINGS Agenda (3 of 6) May 13, 2008 for City Council /Coinniunity Development Comnaission/Rohnert Park Financing Authority 4. Resolutions for Adoption: 2008 -66 Congratulating Sara Choi and Wishing Her Every Success as She Competes for the Miss California Title 2008 -67 Calling for Sealed Proposals for Park Cleaning Services 2008 -68 Authorizing and Approving Task Order No. 2008 -03 with Coastland Civil Engineering for Engineering Design Services for the 2008 Lancaster Drive Rehabilitation Project, City Project No. 2007 -14 2008 -69 Recognizing the Efforts and Contributions of the Parks, Recreation, and Open Space Committee, Accepting the Park and Recreation Facilities Master Plan, and Dissolving the Park and Recreation and Open Space Committee 2008 -70 Approving a Cooperation, Reimbursement, and Purchase and Sale Agreement with the Community Development Commission of the City of Rohnert Park for the Acquisition of Property Located at 6750 Commerce Boulevard (Assessor's Parcel Number 143 - 380 -015) and Authorizing the City Manager to Execute the Agreement 2008 -71 Authorizing and Approving an Agreement for Election Services with the County of Sonoma 4. GRADING ORDINANCE AMENDMENTS - Consideration of Proposed Amendments to Chapter 15.50, Excavations, Grading and Fills, of Title 15, Buildings and Construction, of the Rohnert Park Municipal Code 1. Staff report 2. Public Comments 3. Ordinance for Introduction: No. 798 Amending Chapter 15.50, Excavations, Grading and Fills, of Title 15, Building and Construction, of the Rohnert Park Municipal Code • Council motion • Council discussion • Council roll call vote 5. COUNCIL COMMITTEE AND /OR OTHER REPORTS 1. Association of Bay Area Governments (ABAG) Spring General Assembly, 4/24 (PS) 2. Water Issues Subcommittee meeting, 4/30 (JM /PS) 3. Creek Master Plan Subcommittee meeting, 4/30 (JM /PS) 4. Sonoma County Transportation Authority (SCTA) Comprehensive Transportation Plan Update — Public Workshop, 4/30 (JM) 5. General Plan Steering Committee, 511 (JM /VVM) 6. Commissioners' Event, 5/2 (JM /TS /PS /VVM) 7. Other informational reports, if any Councilmember Smith: Rebuilding Together National "Rebuild Day ", 4/26; Welcome Center Dedication at Cross and Crown Lutheran Church, 4/27; Responding to Violence with Compassion Luncheon, 4/30; League of California Cities North Bay Division General Membership meeting, 4/30; meeting with Jim Madaffer, President, League of California Cities, 511; Animal Shelter Volunteer Appreciation Party, 5/9; Annual Leadership Breakfast for Affordable Housing Week, 5/12; other reports, if any Council Member Breeze: other reports, if any City of Rohnert Park CONCURRENT MEETINGS A14enda (4 of 6) May 13, 2008 for City Council /Community Development Commission /Rohnert Park Financing Authority Council Member Vidak - Martinez: Seminar at Sonoma Mountain Business Cluster, 4/23; Reception/Sonoma County Alliance, 4/24; gave climate change talk to APIC members, 4/29; meeting with Jim Madaffer, President, League of California Cities, 511; North Bay Business Showcase, 511; Rancho Cotate High School Stadium open house, 5/2; Chernobyl Children's fundraiser, 5/3; Animal Shelter Volunteer Appreciation Party, 5/9; other reports, if any Vice -Mayor Stafford: other reports, if any Mayor Mackenzie: North Coast Integrated Regional Water Management Plan meeting, 4/23; Sonoma County Alliance Political Action Committee: 2008 Legislative Reception, 4/24; 2008 North Bay Transportation Summit, 4/25; meeting with Jim Madaffer, President, League of California Cities, 511; Sustainable Enterprise Conference 2008, 5/2; Animal Shelter Volunteer Appreciation Party, 5/9; other reports, if any 6. 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. 7. MATTERS FROM /FOR COUNCIL 1. Calendar of Events 2. City Council Agenda Forecast 3. Other informational items, if any 8. CITY MANAGER'S /CITY ATTORNEY'S REPORTS 1. Other informational items, if any 9. PUBLIC COMMENTS For public comment on items listed or not listed on the agenda, or on agenda items if unable to speak at the scheduled time (limited to 3 -5 minutes per appearance and a 30 minute total time limit, or allocation of time based on number of speaker cards submitted) - PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING — *SEE NOTE ON LAST PAGE OF THIS AGENDA ADJOURN the City Council meeting to consecutively and separately CONVENE the meetings of Community Development Commission & Rohnert Park Financing Authority City of Rohnert Park CONCURRENT MEETINGS Agenda (5 of 6) May 13, 2008 for City Council /Community Development Commission/Rohnert Park Financing Authority COMMUNITY DEVELOPMENT COMMISSION (CDC) OF THE CITY OF ROHNERT PARK AGENDA Tuesday, May 13, 2008 Meeting Location: City Hall, 6750 Commerce Blvd., Rohnert Park, CA CDC MEETING - Call to Order Roll Call (Breeze_ Smith_ Stafford_ Vidak - Martinez_ Mackenzie Unscheduled public appearances - for public comment on agenda items or other matters 1. CDC 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 Meeting Minutes for: • CDC Portion of Regular Concurrent Meetings — April 22, 2008 2. Approval of CDC Bills /Demands for Payment 3. Accepting CDC Cash/Investments Report for: Months Ending July, August, September, October, November, and December 2007 4. CDC Resolutions for Adoption: 2008 -07 Approving a Cooperation, Reimbursement, and Purchase and Sale Agreement with the City of Rohnert Park for the Acquisition of Property Located at 6750 Commerce Boulevard (Assessor's Parcel Number 143- 380 -015) and Authorizing the Community Development Commission's Executive Director to Execute the Agreement 2. ADJOURNMENT of CDC meeting ROHNERT PARK FINANCING AUTHORITY (RPFA) AGENDA Tuesday, May 13, 2008 Meeting Location: City Hall, 6750 Commerce Blvd., Rohnert Park, CA RPFA MEETING Call to Order Roll Call (Breeze_ Smith_ Stafford_ Vidak - Martinez_ Mackenzie) Unscheduled public appearances - for public comment on agenda items or other matters 1. RPFA 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 Minutes for: • RPFA Portion of Regular Concurrent Meetings — April 22, 2008 2. Accepting RPFA Cash/Investments Report for: Months Ending July, August, September, October, November, and December 2007 2. ADJOURNMENT of RPFA meeting City of Rohnert Park CONCURRENT MEETINGS Agenda (6 of 6) May 13, 2008 for City Council /Community Development Commission / Rohnert Park Financing Authority 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. This agenda was posted in compliance with California Government Code section 54954.2(a)(1). JH /TG:051308 AGENDA- RPCity Council- CDC- RHA.doc ffin From: Heather Hanson [hansonhe @sonoma.edu] Sent: Tuesday, May 13, 2008 3:12 PM To: Griffin, Terri Subject: Sonoma State Announcements Dear Mr. Mayor, I'm sorry I am unavailable to make it to the meeting tonight. Here are a few announcements that I thought the general public would be interested in hearing about. If you could please address them on my behalf I would be greatly appreciative. The Sonoma State Baseball team are the CCAA Champs! They had a 7 -4 victory over Chico state in the finals last Saturday. This is the second straight title and the 5th in 10 years. They are going into the NCAA West Regional Tournament ranked No.1. The tournament will be held in Chico starting this coming Thursday. GO SEAWOLVES!!! Graduation is upon us. Commencement for the class of 08 will be held on Saturday May 24 on the Commencement Field. Graduation times: 9a.m.- School of Science and Technology, School of Social Sciences 3p.m.- School of Arts and Humanities, School of Business and Econ, School of Education. Congratulations to all graduating seniors! Thank you and Best Wishes, Heather Hanson Sonoma State University Associated Students, Inc. 1 J'�, -fo d,f6-)-f- T C N .0 u c 4� c 41 c C 4) O R� c u a O 41 u u q) C 44 O �lJ N N U O a u c u ro E O .i; c (� E < U� +1 N _0 0 0 _I- O E c0 0 0 c ...; CL c V. - ya C L 1 L -O bfj ro (0 L m C -C Cll-O c ro f� L 0 �Q E 0 c ro L 0 a� tl- J c O 0 bfj ro F- 0 u E 0 E� 0 3 Q 3 4J c .� L -c 0 1L 4 z w C 4 cL ° `• 4 r cam' $ id y' Q 1 t w.rY { COURTESY AGENDA 05/13/08 NOTE: cc: J. Hauff, City Clerk (2) Place marker on agenda for each T. Griffin, Deputy City Clerk individual recipient. K. Leonard, Shorthand Reporter Kathy Dennison Rohnert Park - Cotati Regional Library 6250 Lynne Conde Way Rohnert Park, CA 94928 Linda Beltz 6182 San Bruno Court Rohnert Park, CA 94928 Heather Hanson University Affairs Director SSU — Associated Students Inc. hansonhe(a-sonoma.edu Jonathan White K.C. McNaughton Roger M. Kirkpatrick SSU — Associated Students Inc. 129 Keyt Way rogerk(&cots- homeless.org white ion(&sonoma.edu Cotati, CA 94931 COTS�x Committee on the Shelterless INVITATION TO SERV1C1 STORIES FROM COTS Why help people` What does it ear% This collecti_1 and staff,&' Shelterless} , heart, and invat v :. With inspiring stonesrbt a broad spectrum ��.< of economic, family, and ,,',, s backgrounds, Invitation to Service reveals why people dive their precious time to help and what they derive from the experience. About COTS: COTS' award - winning programs help 1,500 homeless children and adults.'-each year SOTS provides food, safe shelter, and housing, helps adults deyelop'steady incomes; trains parents to break, tfite lntergenerat- 'al cycle of homelessness; and helps people get a k u»cwr asroof of their own. To lean �dt about COTS, please visit www.cots- homeless.org. r l g5 (l l SAS f ISBN 978 -0-6151-8253-7 9 780615 182537 CITY COUNCIL SPEAKER CARD Of Date- Item #: Name: Address: Phone: � A s/ 7 TOPIC: Brief Summary of Comments: GIs , e ae Cdr- y rem . See Reverse !. WIff-1-11,111T oevw_ MRS, ® Napa Insider • WealthWise SA YS. 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Liability refund of $181 K. • Retiree dental and vision costs less than budget. • Recruitment costs $88K over budget. N iY \ EXPENDITURES 40 36.1 35-11 — 3Q:1 - -- 28.6 30 25 20 15 10 5 - -- 0 2007 2008 10 -Month 10 -Month Actual Budget Budget Actual GENERAL GOVERNMENT • Housing Manager position vacant. • IS Manager position vacant. • Insurance deductibles for worker's comp less than budget. Liability refund of $181 K. • Retiree dental and vision costs less than budget. • Recruitment costs $88K over budget. N PUBLIC SAFETY Under budget in training, supplies, contractual expense, gas and vehicle repairs. o Animal Shelter P/T positions vacant. Fire Preventions Sergeant position vacant. Fire Marshall position vacant most of the year. Facility improvements not completed. i RECREATION 2500000 -- - -- 2000000 111,831 195,250 161,575 � Rec Admin 10 -Month 1500000 - Budget 10 -Month Actual 191,894 o Senior Center Budgeted Loss 341,557. � Rentals 261,452 ❑Rec Programs $962,802 314,198 ®Contract Classes 1000000 -- 60,000 278'710 a Swimming Pools 10 -Month 63,114 o Sports Center 428,765 -- Actual Loss 500000 422,505 -- -- $882,221 471,951 392,173 10-Month 1,923,552 1,771,423 i Budget 10 -Month Actual i /y PERFORMING ARTS CENTER 900000 800000 63,333 49,061 10 -Month 700000 3,750 `" 1,158 Budgeted Loss 1a7s17 $272,500 600000 198,059 ❑Sign 5,000 ❑ Rentals 10 -Month 500000 ' ., -4,900 Actual Loss M Presentations $271,084 400000 0 Arts]Ed o Administration 300000 543,833 499,028 200000 100000 0 10 -Month Budget 10 -Month Actual 803,833 752,206 SUMMARY Revenue performed unfavorable to budget by $395K due to current economic conditions and the decline in housing sales and starts. v Expenditures are under budget by $1.5M based on the following: Vacancies: $400K Facility Improvements: $150K Vehicles /Equipment: $225K Insurance: $300K Based on 10 -month status, deficit expected to be $3.9M, $700K lower than budgeted. Reserve balance projected at $16.1M, not including Retiree Medical Reserve. No surplus land left to sell. 0 ECONOMIC OUTLOOK • The economy in Sonoma County has weakened considerably and is heading towards a recession. • There was no job growth and the unemployment rate has risen to 4.8 %, matching the U.S. rate. • Consumers are burdened with troubles in the housing and credit market as well as soaring food and energy prices. As a result, retail sales have fallen. • Nationwide, home sales dropped 8.5% and sales are down 37% from last year. Home prices are down 10 %, with economist predicting that the glut in inventory could drive prices down by another 10 to 15 %. The foreclosure rate is up 116% over the last year. • It is difficult to predict when the economy will begin to recover. RETIREE MEDICAL RESERVE ■ Negotiated reduction in retiree health ❑ Reduced premium coverage from 100% to 80% of lowest cost plan and coverage from family to employee + 1 dependent ❑ Increased vesting period from 10 to 15 years to receive 50% of benefit ❑ Eliminated benefit for new hires. New Hires to receive $75 /month in Retiree Health Savings Account ❑ Reduction in benefit reduced unfunded liability by $4.5Million and annual contribution to $3.1 M (865K lower) 10 Unrestricted . Reserve Balance* 8.0 1.4 0.8 *excludes retiree medical reserve Revenue assumes 1 %, 2% & 3% consecutive growth respectively Revenue includes transfers, FIGR MOU, reserves and new development assumptions Expenses assumes no cuts and projected 2% growth for each year Retiree Medical liability fully funded each year THREE YEAR FINANCIAL PROJECTION FY 2009 -2011 (with cuts) 2009 2010 2011 `Revenue _ $ 26.1 $ 28.2: $ 34.9 Expense _ (31.0)' (31.6) _ (32.3) Retired Medical (2.0) (2.0) (2.0) Surplus (Deficit) (6.9)` (5.4) 0.6 Unrestricted ;Reserve Balance *. 9.2 3.8 ' 4.4 *excludes retiree medical reserve Revenue assumes 1 %, 2% & 3% consecutive growth respectively Revenue includes transfers, FIGR MOU, reserves and new development assumptions Expenses assumes $1.2M in cuts and projected 2% growth for each year Retiree Medical liability fully funded each year 11 ■ THERE CONTINUES TO BE A STRUCTURAL IMBALANCE BETWEEN OPERATING REVENUES AND EXPENDITURES WITH THE GAP BEING FILLED THROUGH RESERVES. ■ ALL SURPLUS PROPERTY WILL BE SOLD BY 2009. ■ THREE -YEAR PROJECTION BASED ON ASSUMPTIONS FOR NEW DEVELOPMENT AND THE CASINO OPENING BY 2011. ■ WITH NO CUTS /SERVICE LEVEL IMPACTS, THE CITY WILL NOT HAVE ENOUGH RESERVES TO OPERATE PAST FISCAL YEAR 2011. THE TALE OF TWO BUDGETS Operational Budget Deficit — Changes from last year Two Factors: economic recession impacting existing revenues, and collapse of housing market severely restricting future residential and commercial growth. Capital Budget PFFP CDC Bonds Able to develop resources to implement Council's infrastructure goals 12 ADDRESSING OPERATIONAL BUDGET SHORTFALLS ■ The need to cut 10% of the budget to survive recession ■ If economy declines further and rebound is greater than three years out, further cuts will be required ■ Base cuts on Council goals COUNCIL GOALS • Raise Revenues • Infrastructure: Maintain /Increase • Increase Safety • Sustainability • Partnerships /Cooperation 13 OPERATIONAL BUDGET • Need to focus cuts on areas that impact the General Fund • At current staffing levels, cuts will result in service reductions ❑ Once direction is given, staff will present service reduction options • Key General Fund cost centers ❑ Public Safety ❑ Public Works ❑ Recreation ❑ Performing Arts Center • Largest cost in Public Safety ❑ Need to minimize cuts that impact core services ❑ In order to minimize cuts, greater cuts must be made in lower priority areas FUTURE EFFORTS ■ Existing Economic Development Efforts o Rohnert Park must continue to aggressively implement its economic development efforts, maximize CDC funds to energize economy o Local efforts can be extraordinary, yet must acknowledge greater regional /state /national economic challenges 14 FUTURE MEASURES • Park assessments ❑ Fund improvements /maintenance • Public Safety Sales Tax (dedicated funding for public safety) • Fire Benefit Assessment • Enhance citizen volunteer efforts such as C -CORP 15 MEMORANDUM Office of the City Manager WORK SESSION Council: X Miscellaneous Communications Agenda: 5113108 X 5/7/08 -TG Copy to: DATE: May 13, 2008 TO: Mayor Mackenzie and Members of the City Council FROM: Stephen Donley, City Manager SUBJECT: FISCAL YEAR 2008 -09 BUDGET STUDY SESSION At the March 10, 2008 Goal Setting Session, the City Council was presented a six month review of the City's budget and a three -year financial projection. In summary, the presentation showed a trend of reduced revenues projections and slow revenue growth in future years. These trends are mirrored in neighboring cities in Sonoma County and are deeply impacting the State of California. As a result of the projections, the City Council concurred with staff's recommendation of reducing existing year expenditures and directed staff to develop a Fiscal Emergency Action Plan. From this direction, staff prepared an initial scenario of a 10% reduction in General Fund expenditures and opportunities to recover operational costs. Further budget reduction measures of 15% and 20% are being prepared as a contingency measure. Based on review of future growth scenarios in Sonoma County and the status of the State of California's budget, it will be critical for the City to enact budget reduction measures. If budget reduction measures are not enacted, the City will not be a secure position to fund future operations. At the May 13, 2008 budget study session the City Council will be asked to provide policy direction on budget reduction and enhancement measures. Specific reduction scenarios and the service related impacts will be discussed at future budget work sessions. To facilitate the policy discussion, staff will be presenting the following: 1. Review of current year (attached). Update to presentation provided to the City Council in March. 2. Three -year financial projection (attached). Attached to this memorandum are two three -year financial projections —one with budget cuts, one without budget cuts. The scenario without budget cuts places the City in a position of running very low on its reserves in FY 2009 -10; the scenario with budget cuts places the City in a more secure financial position. Both scenarios project fully funding the City's retiree medical liability. Based on the current actuarial Future Measures • Park assessments o Fund improvements /maintenance Public Safety Sales Tax (dedicated funding for public safety • Fire Benefit assessment • Enhance citizen volunteer efforts such as C -CORP In conclusion, during this time of great economic uncertainty in the future of the State and regional economies, it will be important to be decisive in making tough budget decisions. Uncertainly also creates the need to review the budget on an ongoing basis. Growth and revenue trends will be closely analyzed and further adjustments may be required. As the City of Vallejo illustrates, cities cannot financially survive if tough budget decisions are avoided. While the Council took substantial steps last year to address its retiree medical costs, the collapse of the housing market and its effect on the economy will require reductions in city operations. On the positive side, it is important to note that every economic cycle does turn around and the Council's actions to invest in the City's infrastructure and emphasis on implementing the General Plan has laid the foundation for a successful future. ATTACHMENTS: 1. April 30, 2008 Revenue Report 2. Three Year Financial Projection (no Cuts) 3. 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Z In Z. ❑ W a� m n. a c op- co a� (fl c c� E LO v, O69- m eH a) U z N -Op CL i 'o � O cri N C U � U N O � N � fB Y O i r O0 N •— O i 00 N 00 c) e Lo ; s— O 1- O O .c W N ui o ± g U H > N 0 o � N LL R) W J Um �"0 �' O U W : : M O i U) F� u�i a U N m 0 r O_ D W ON Z N �_ O LL J qZ "C7 T O a+ ■ � E N �(�LL�aUU� ■ y ca U C w W � U Z co O U :� C O — = N J LO C N U M 0 O O C LO cl" O O LAi J N N O N L6 N T- M 0 0 0 0 0 0 10 O 00 M ti Lr) r r jO N O 0 0 0 0 0 0 0)C CA N Cr) f,— LC) r- O ci O 0 0 0 0 0 0 N N co 00 I� M ti CA �- Ocyi O 000000 N N M a� m n. a c op- co a� (fl c c� E LO v, O69- m eH a) U z N -Op CL i 'o � O cri N C U � U N O � N � fB Y O i r O0 N •— O i 00 N 00 c) e Lo ; s— O 1- O O N 00 O O O O O N N -4 d• v N N ;= O ;- (O N (O 00 00 N o0 rY 1� I� M r d W N ui g U H N ELL �N CL LL R) W J Um �"0 �' O U W d U N O U) F� u�i a U o w = w L'j m 0 (6 U U D W 0. Z N �_ O LL J qZ "C7 T a+ F ' � E �(�LL�aUU� wUU' UH �W- ca U w W � U Z co w Z :� a a. O C N U M 0 LO O N LO cl" N LAi N 00 O O O O O N N -4 d• v N N ;= O ;- (O N (O 00 00 N o0 rY 1� I� M r d W ui g U H Z ELL �N CL LL R) W J Um �"0 �' O U W d U M z U) F� u�i a U o w = w L'j m 0 -J J. 0 D W 0. Z N �_ O LL J qZ f/� J LL LL. m - w a+ F ' fi �(�LL�aUU� wUU' UH �W- w W E Z co w Z :� DEPARTMENTAL EXPENSES Department Budgeted Water/ CDC CDC Total . Net Budgeted Surplus/ Name inept Expense Sewer % Project % Housing% Recharge Expense Revenue Deficit General Government City Council 1100 106,447 5% 10% 10% 25% 79,835 (79,835) City Manager 1200 965,571 15% 10% 25% 50% 482,786 102,000 (380,786) (1) Finance 1300 1,369,273 50% 10°x6 10% 70% 410,782 854,632 443,850 (2) IT 1310 577,418 25% 5% 5% 35% 375,322 (375,322) Legal 1500 350,000 1% 1% 346,500 (346,500) Planning 1600 455,565 5% 5% 15% 25% 341,674 50,000 (291,674) (5) Human Resource 1700 353,420 15% 5% 5% 25% 265,065 (265,065) Rent Appeals 1710 139,763 139,763 (139,763) City Hail 1800 487,320 20% 10% 5% 35% 316,758 (316,758) City Annex 1810 67,600 50% 10% 10% 70% 20,280 (20,280) Non Department 1900 1,749,360 32% 5% 796 44% 979,653 (979,653) Retiree Medical 1910 1,098,061 1,098,061 (1,098,061) Leases 1930 323,277 323,277 (323,277) Public Safety PS Personnel 2100 15,517,771 15,517,771 653,000 (14,864,771) (8) Police 2200 1,851,444 1,851,444 513,000 (1,338,444) (4) Fire 2300 418,060 418,060 (418,060) Fire Preveniton 2310 424,756 424,756 250,000 (174,756) (6) Animal Control 2400 480,873 480,873 50,000 (430,873) (7) Animal Shelter 2410 115,160 115,160 (115,160) Central Station 2500 3,900 3,900 (3,900) Main Station 2510 500,000 500,000 (500,000) Northern Station 2600 27,300 27,300 (27,300) Southern Station 2610 26,000 26,000 (26,000) Haz Mat 2700 29,100 29,100 (29,100) YFS 2800 125,464 125,464 (125,464) Total PS 19,519,828 19,519,828 1,466,000 (18,053,828) Engineering 3100 1,008,027 50% 10% 5% 65% 352,809 300,000 (52,809) Building 3200 570,044 570,044 521,500 (48,544) (3) Public Works General Services 3300 674,420 35% 1% 36% 431,629 (431,629) Landscape 3410 287,518 287,518 (287,518) Streets 3420 509,777 509,777 (509,777) Street Lighting 3600 264,237 264,237 (264,237) Traffic Signal Maint. 3700 100,000 100,000 (100,000) Storm Drains 3910 60,000 60,000 (60,000) Weed Abatement 3920 6,000 6,000 (6,000) Parks Park Maintenance 4001 659,503 659,503 (659,503) , Alicia Park 4010 28,100 28,100 (28,100) Benecia Park 4011 45,100 45,100 (45,100) Caterpillar Park 4012 8,500 8,500 (8,500) Colegio Vista Park 4013 31,340 31,340 (31,340) Dorotea Park 4014 26,500 26,500 (26,500) Eagle Park 4015 27,380 27,380 (27,380) Golis Park 4016 34,000 34,000 (34,000) Honeybee Park 4017 22,000 22,000 (22,000) Ladybug Parts 4018 31,000 31,000 (31,000) Sunrise Park 4019 45,500 45,500 (45,500) Magnolia Park 4020 70,300 70,300 (70,300) Roberts Lake Park 4021 18,000 18,000 (18,000) Rainbow Park 4022 15,180 15,180 (15,180) Total Parks 1,062,403 1,062,403 (1,062,403) (11) 85% of Housing Manager position budgeted in CDC (2) Business License ($497K); Animal license ($55K); Refuse Reimbursement ($303K) (3) Building Permits ($346.5K); Plan Check Fees ($175K) (4) Fines & Forefeltures ($195K); PS Augmentation Fund ($230K); P.O.S.T ($10K); PS Fees ($50K); Vehicle Abatement ($28K) (5) Zoning & Subdivision Fees (6) Fire Inspection Fees (7) Animal Shelter Fees (8) F.I.G.R. funding for S E U Recreation A Pool 5710 60,191 60,191 26,000 (34,191) B Pool 5720 91,951 91,951 29,000 (62,951) L Pool 5730 62,271 62,271 25,200 (37,071) H Pool 5740 225,113 225,113 106,000 (119,113) M Pool 5750 74,991 74,991 22,000 (52,991) Total Pools 514,517 514,517 208,200 (306,317) Rea Commission 5100 30,113 30,113 (30,113) Rea Admin 5200 104,084 104,084 (104,084) Contract Classes 5300 72,000 72,000 110,000 38,000 Rea Programs 5400 377,037 377,037 174,000 (203,037) Senior Center 5501 234,300 234,300 53,400 (180,900) Sports Center 5810 566,341 566,341 515,800 (50,541) Comm Ctr Grounds 5815 45,440 45,440 0 (45,440) Community Center 5830 291,580 291,580 60,000 (231,580] Burton Ave Rea Ctr 5840 55,446 55,446 25,000 (30,446) Benecia Rea Ctr 5850 1,580 1,580 0 (1,580) Ladybug Rea Ctr 5860 15,822 15,822 6,500 (9,322) Scout Hut 5870 1,000 1,000 600 (400) PAC Admin 6210 652,600 652,600 92,600 (560,000) Productions 6211 225,500 225,500 210,000 (15,500) Arts/Ed 6213 6,000 6,000 10,000 4,000 Rentals 6215 4,500 4,500 145,000 140,500 Sign 6216 76,000 76,000 180,000 104,000 Total PAC (327,000) Total General Fund 35,379,209 31,617,860 5,085,232 (26,532,628) (11) 85% of Housing Manager position budgeted in CDC (2) Business License ($497K); Animal license ($55K); Refuse Reimbursement ($303K) (3) Building Permits ($346.5K); Plan Check Fees ($175K) (4) Fines & Forefeltures ($195K); PS Augmentation Fund ($230K); P.O.S.T ($10K); PS Fees ($50K); Vehicle Abatement ($28K) (5) Zoning & Subdivision Fees (6) Fire Inspection Fees (7) Animal Shelter Fees (8) F.I.G.R. funding for S E U CITY OF ROHNERT PARK CONCURRENT MEETING MINUTES FOR: SPECIAL JOINT MEETING City Council Parks, Recreation and Open Space Committee (PROS) April 22, 2008 Tuesday The Concurrent Meetings of the City of Rohnert Park City Council and the Rohnert Park Planning Commission met this date for a Special Joint Meeting to commence at 5:00 p.m. at the Rohnert Park City Hall, 6750 Commerce Boulevard, Rohnert Park, with Mayor Mackenzie presiding. SPECIAL JOINT MEETING Call to Order: Mayor Mackenzie called the Special Joint Meeting to order at 5:02 p.m. Roll Call - City Council: Breeze, Smith, Stafford, Vidak - Martinez, Mackenzie Roll Call — PROS Committee: Adams, Armerding, Aronis, Bird, Black, Danesi, Peterson, Blanquie Absent — PROS Committee: Griffin Staff present for all or part of the Special Joint Meeting: City Manager Donley, Assistant City Attorney Winig, Assistant City Manager Schwarz, Recreation Services Manager Miller, Community Development Assistant Azevedo, and Videographer Beltz. 1. UNSCHEDULED PUBLIC APPEARANCES /COMMENTS: None. 2. ITEMS FOR REVIEW, DISCUSSION, AND /OR DIRECTION: Parks and Recreation Master Plan — Consideration of the Parks and Recreation Master Plan Prepared by Nancy Kaiser, Moore Iacofano Goltsman (MIG), Inc,: Assistant City Manager Schwarz shared introductory comments and referred to the documents distributed. PROS Committee Chair Blanquie provided a brief update and introduced the City's consultant, Nancy Kaiser of Moore Iacofano Goltsman (MIG), Inc. Ms. Kaiser provided a brief summary of the "Rohnert Park Parks and Recreation Facilities Master Plan" via a Powerpoint presentation. City of Rohnert Park JOINT SPECIAL MEETING Minutes (2 of 2) April 22, 2008 for City Council /Parks, Recreation and Open Space Committee (PROS) Council discussion concluded with CONSENSUS on the following matters: (1) Follow the recommendations outlined in Assistant City Manager Schwarz' Memorandum, thereby directing the Parks and Recreation Commission establish a work program based on the Master Plan; (2) Direct the Parks and Recreation Commission to bring back said work program to Council for review; (3) Forward the three highlighted areas of the Memorandum to the General Plan Steering Committee for prioritization and recommendations, and then return said findings to the Council for consideration; and (4) Direct staff to bring back the PROS Report /Parks and Recreation Facilities Master Plan for formal acceptance by the City Council at its next meeting. ADJOURNMENT: There being no further business, Mayor Mackenzie adjourned the Joint Special Meeting at 6:15 p.m. *Katy Leonard Certified Shorthand Reporter C.S.R. 11599 *(Minutes written in absentia) Jake Mackenzie Mayor City of Rohnert Park Rpxtr>:rs7 pARk ig 62 CAL FORIA" CITY OF ROHNERT PARK CONCURRENT MEETING MINUTES FOR: City Council Community Development Commission Rohnert Park Financing Authority April 22, 2008 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 for a Regular Meeting to commence at 6:30 p.m. at the Rohnert Park City Hall, 6750 Commerce Boulevard, Rohnert Park, with Mayor Mackenzie presiding. REGULAR MEETING Call to Order: Mayor Mackenzie called the Regular Meeting to order at 6:40 p.m. Roll Call: Breeze, Smith, Stafford, Vidak - Martinez, Mackenzie Staff present for all or part of the Regular Meeting: City Manager Donley, Assistant City Attorney Winig, Assistant City Manager Schwarz, Director of Public Works /City Engineer Jenkins, Senior Planner Rich, Director of Public Safety Bullard, Deputy City Engineer Barnes, Housing and Redevelopment Assistant Goodman, Community Development Assistant Azevedo, and Videographer Beltz. PLEDGE OF ALLEGIANCE: Angela Todt, Girl Scout and Student, Monte Vista Elementary School, led the Pledge of Allegiance. Mayor Mackenzie PRESENTED Angela with a card and a pen. MOMENT OF SILENCE: Mayor Mackenzie called for a Moment of Silence in memory of Officer Pat Lynd, retired Rohnert Park Public Safety Officer. 1. MAYOR'S PRESENTATION: Mayor's Presentation of Resolution No. 2008 -56 Proclaiming May 11 -17, 2008, as Affordable housing Week to Jim Leddy of Sonoma County Housing Coalition and Melinda Rivera of St. Joseph Health System — Sonoma County: Mayor Mackenzie READ AND PRESENTED Mr. Leddy with a proclamation of Resolution No. 2008 -56. Mr. Leddy shared brief comments and INVITED Council to the "Leadership Breakfast for Affordable Housing" in Santa Rosa on May 12`x' City of Rohnert Park CONCURRENT MEETINGS Minutes (2 of 9) April 22, 2008 for City Council /Community Development Commission /Rohnert Park Financing Authority Mayor's Presentation of a Proclamation Proclaiming April 25, 2008, as Children's Memorial Day in Memory of Children Who Have Died by Violence to Steve Barry of Minimizing Occurrences of Violence in Everyday Society (MOVES): Mayor Mackenzie READ AND PRESENTED Steve Barry of MOVES with said proclamation. Mr. Barry shared brief comments. 2. SONOMA STATE UNIVERSITY (SSU) STUDENT REPORT: Heather Hanson, University Affairs Coordinator, on behalf of Sonoma State University Associated Students, Inc. (ASI) DISTRIBUTED The Star and some pens and bands, and she provided a brief update on several items, including a recent hate crime at SSU; results of the ASI elections on 4/15 and 4/16; and statewide budget cut matters affecting SSU. 3. UNSCHEDULED PUBLIC APPEARANCES /COMMENTS: 1. Jennifer Dawes spoke in support of adoption of a Living Wage Ordinance. 2. Ben Boyce spoke in support of adoption of a Living Wage Ordinance. 3. Barbara Giordano spoke in support of adoption of a Living Wage Ordinance. Mayor Mackenzie referred discussion of a Living Wage Ordinance to agenda item No. 12, "Matters for /from Council." 4. CONSENT CALENDAR: Council Members Smith and Breeze signified removal of the City Council Portion of Regular Concurrent Meetings — April 8, 2008. Council Member Breeze and Vice Mayor Stafford signified removal of Resolution 2008 -59. Council Member Smith signified removal of Resolution 2008 -60. 2. Approval of City Bills /Demands for Payment in the amount of $3,807,874.86 3. Resolutions for Adoption: 2008 -58 Authorizing the Naming of the Public Safety V Floor Conference Room the "Robert E. Dennett Conference Room" 2008 -61 Summarily Vacating Creek Path Easement, Approving and Authorizing Exchange of Deeds for Realignment of Creek Path Easement, Redwood Creek Apartments Site, 500 -600 Rohnert Park Expressway, (APN 143 -391- 083) 2008 -62 Authorizing and Approving Amendment No. 1 to Task Order No. 2007 -03 with Winzler & Kelly Engineers for Construction Management of the Eastside Trunk Sewer Phase I, Project #2004 -05 Upon MOTION by Council Member Vidak - Martinez, seconded by Council Member Breeze, and UNANIMOUSLY APPROVED, reading was waived, and the Consent Calendar, with the exception of the City Council Portion of Regular Concurrent Meetings — April 8, 2008, and Resolution Nos. 2008 -59 and 2008 -60, was ADOPTED. City of Rohnert Park CONCURRENT MEETINGS Minutes (3 of 9) April 22, 2008 for City Council /Community Development Commission /Rohnert Park Financing Authority Items for consideration: 1. Approval of Minutes for: Special Joint Meeting of the Rohnert Park City Council and the Rohnert Park Planning Commission — April 8, 2008 City Council Portion of Regular Concurrent Meetings — April 8, 2008 Item 6.3, page 4: Council Member Smith called attention to a typographical error, noting the vote should read "4 -1." Item 4, page 3: Vice Mayor Stafford called attention to a typographical error, noting the vote should read "4 -1." Item 8, page 6: Council Member Vidak- Martinez amended the language from "as well as her intention to volunteer" to "as well as her volunteering." Item 10, page 6: Council Member Vidak - Martinez amended the language to include, "and requested that the City apply for such status." Upon MOTION by Council Member Smith, seconded by Vice Mayor Stafford, the Special Joint Meeting of the Rohnert Park City Council and the Rohnert Park Planning Commission — April 8, 2008, and the City Council Portion of Regular Concurrent Meetings — April 8, 2008, were UNANIMOUSLY APPROVED AS AMENDED. 2008 -59 Awarding the Contract for Janitorial Maintenance at Various City Facilities Council Member Breeze and Vice Mayor Stafford commended staff for their budget - conscious efforts. Upon MOTION by Council Member Vidak- Martinez, seconded by Council Member Breeze, and UNANIMOUSLY APPROVED, reading was waived and Resolution 2008 -59 was ADOPTED. 2008 -60 Authorizing and Approving an Agreement with Robinson Oil Corporation for Groundwater Discharge Sewer Rate for the Rotten Robbie Service Station Located at 201 Southwest Boulevard Director of Public Works /City Engineer Jenkins responded to questions posed by Council Member Smith regarding environmental mitigation matters and billing issues. Upon MOTION by Council Member Smith, seconded by Council Member Vidak - Martinez, and UNANIMOUSLY APPROVED, reading was waived and Resolution 2008 -60 was ADOPTED. 5. ALCOHOL BAN IN CITY PARKS: Consideration of Amending Chapters 9.34 and 9.62 of the Rohnert Park Municipal Code to Prohibit Alcohol Consumption in City Parks Without a Permit and Establishing an Alcohol Permit Program in City Parks: 1. Staff Report: City Manager Donley introduced said item and stated that Director of Public Safety Bullard was present. Staff responded to Council questions and comments. 2. Public Comments: None. City of Rohnert Park CONCURRENT MEETINGS Minutes (4 of 9) April 22 2008 for City Council /Community Development Commission / Rohnert Park Financing Authority 3. Ordinance for Adoption: Waive Further Reading and Adopt Ordinance by Reading Title: No. 796 Amending Sections 9.34.010 and 9.34.020 of Chapter 9.34, Alcoholic Beverages, and Adding Subsection 9.62.010.V to Chapter 9.62, Public Parks and Recreation Facilities, of the Rohnert Park Municipal Code A MOTION was made by Council Member Vidak- Martinez, seconded by Vice Mayor Stafford, to adopt Ordinance No. 796. Under discussion, Council Member Breeze referred Council to her previous comments during introduction of the ordinance. She reiterated her intention to vote against said ordinance, noting her support for a mechanism by which the City can implement a permitting process, but her opposition to amending the Municipal Code in order to do so. Reading was waived, and said ordinance, APPROVED 4 -1 with Council Member Breeze dissenting, was ADOPTED BY ROLL CALL VOTE. 6. WEED ABATEMENT PROTEST HEARING: Consideration of Abatement of Weeds that Are Growing Within the City Boundaries, which Pose a Fire Hazard and Health Menace and Are Otherwise Noxious and Dangerous and Cause A Public Nuisance: 1. Staff Report: Assistant City Manager Schwarz reviewed the contents of the Staff Report. 2. PUBLIC HEARING for property owners having objections to the proposed destruction or removal of hazardous weeds: Mayor Mackenzie opened the Public Hearing at 7:22 p.m. There being no members of the public desiring to speak on said matter, Mayor Mackenzie closed the Public Hearing at 7:22 p.m. 3. Resolution for Adoption: 2008 -63 Ordering the City Manager to Abate Nuisances Existing within the City Upon MOTION by Council Member Vidak- Martinez, seconded by Council Member Breeze, and UNANIMOUSLY APPROVED, reading was waived and Resolution 2008 -63 was ADOPTED. 7. TENTATIVE MAP APPROVAL FOR PROFESSIONAL CENTER DRIVE CONDOMINIUM CONVERSION: Consideration of Approving a Tentative Map for the Professional Center Drive Condominium Conversion Located at 150 and 170 Professional Center Drive (Planning File No. P12007 -028) 1. Staff Report: Senior Planner Rich reviewed the contents of the Staff Report, and staff responded to Council questions and comments. 2. PUBLIC HEARING: Mayor Mackenzie opened the Public Hearing at 7:28 p.m. There being no members of the public desiring to speak on said matter, Mayor Mackenzie closed the Public Hearing at 7:28 p.m. City of Rohnert Park CONCURRENT MEETINGS Minutes (5 of 9) April 22, 2008 for City Council /Community Development Commission/Rohnert Park Financing Authority 3. Resolution for Adoption: 2008 -64 Approving a Tentative Map (Lands of Professional Center LLC, et al.) Located at 150 and 170 Professional Center Drive; Assessor Parcel Number 143 - 021 -061 (Planning File No. P12007 -028) Upon MOTION by Council Smith, seconded by Council Member Vidak - Martinez, and UNANIMOUSLY APPROVED, reading was waived and Resolution 2008 -64 was ADOPTED. 8. CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (Ca1PERS) CONTRACT AMENDMENT: Consideration of an Amendment to the Contract between the City Council of the City of Rohnert Park and the Board of Administration of the California Public Employees' Retirement System (CalPERS) regarding the Annual Cost -of- Living Allowance Increase: 1. Staff Report: Assistant City Manager Schwarz reviewed the contents of the Staff Report. 2. Public Comments: None. 3. Resolution for Adoption: 2008 -65 Intention to Approve an Amendment to Contract between the Board of Administration, California Public Employees' Retirement System and the City Council, City of Rohnert Park A MOTION was made by Council Member Vidak - Martinez, seconded by Vice Mayor Stafford, to adopt Resolution 2008 -65. Under discussion, Council Member Breeze stated that she would be voting in opposition to said resolution, questioning the anticipated savings by the City and noting the difficulties the resolution may create in terms of recruiting. After the motion was APPROVED 4 -1 with Council Member Breeze dissenting, reading was waived and Resolution 2008 -65 was ADOPTED. 4. Ordinance for Introduction: Waive Further Reading and Introduce Ordinance by reading title: No. 797 Authorizing an Amendment to the Contract between the City Council of the City of Rohnert Park and the Board of Administration of the California Public Employees' Retirement System Upon MOTION by Vice Mayor Stafford, seconded by Council Member Vidak- Martinez, and APPROVED 4 -1 with Council Member Breeze dissenting, reading was waived and Ordinance No. 797 was INTRODUCED BY ROLL CALL VOTE. 9. COMMISSION /COMMITTEE /BOARD APPOINTMENT: Council Action regarding One Vacancy on the Bicycle Advisory Committee: ■ Bicycle Advisory Committee 1 — two -year term (expires 12/31/08) City of Rohnert Park CONCURRENT MEETINGS Minutes (6 of 9) April 22, 2008 for City Council /Community Development Commission /Rohnert Park Financing Authority Council CONCURRED with Council Member Vidak - Martinez' nomination of Paola Harris to fill the Bicycle Advisory Committee vacancy. 10. COUNCIL COMMITTEE AND /OR OTHER REPORTS: 1. Mayors' and Councilmembers' Association meeting, 4/10: Mayor Mackenzie provided a brief report. 2. Redwood Empire Municipal Insurance Fund Board of Directors' meeting, 4/10: Council Member Smith provided a brief report. 3. Sonoma County Transportation Authority Board of Directors meeting, 4/14: Mayor Mackenzie provided a brief report. 4. Rohnert Park - Cotati Regional Library Advisory Board meeting, 4/15: Council Member Smith provided a brief report. 5. Economic Development Subcommittee meeting, 4/16: Council Members Breeze and Vidak- Martinez shared brief reports. Mayor Mackenzie noted meetings with the general manager of Hampton Suites and representatives of the old archive building. 6. Sonoma County Waste Management Agency meeting, 4/16: Council Member Smith provided a brief report. 7. Other informational reports, if any: Councilmember Smith: "An Inconvenient Ride" Reception, 4/18; Rohnert Park Green Day, 4/19. Other reports, if any: None. Council Member Breeze: Other reports, if any: None. Council Member Vidak - Martinez: "An Inconvenient Ride" Reception, 4/18. Other reports, if any: Santa Rosa Gang Policy Committee in Santa Rosa, 4/9; Mayors' & Councilmembers' Association meeting, 4/10; Site visit to Infineon for a children's charity event, 4/11; "North Bay Business Journal" reception honoring the Top 40 Under 40, including City Manager Steve Donley, 4/17; Funeral for Officer Pat Lynd, 4/18; Rohnert Park Green Day, 4/19. She noted receipt of her copy of a two - minute clip entitled "Mayoral Moments," to air on the Sundance Channel program "The Green" on May 16, regarding the City's efforts in terms of climate change, and she indicated she will DISTRIBUTE copies of said clip to staff and Council. Vice -Mayor Stafford: An Inconvenient Ride" Reception, 4/18. Other reports, if any: Northeast Specific Plan meeting; Fundraiser for Rancho Cotate Music Boosters at Sonoma Mountain Village; Meeting with Cotate - Rohnert Park Unified School District, along with Mayor Mackenzie and City Manager Donley; Cultural Arts Commission meeting. She also acknowledged the "North Bay Business Journal" Top 40 Under 40 recognition of City Manager Donley's efforts. Mayor Mackenzie: Cal Air Resource Board Haagen -Smit Symposium, 4/9 -4/10 (JM); "An Inconvenient Ride" Reception, 4/18. Other reports, if any: Rohnert Park Green Day, 4/19. City of Rohnert Park CONCURRENT MEETINGS Minutes (7 of 9) April 22, 2008 for City Council /Community Development Commission/Rohnert Park Financing Authority 11. COMMUNICATIONS: Mayor Mackenzie FORWARDED a communication to City Manager Donley from Paul Stutrud regarding tankless water heaters. Council Member Smith acknowledged the report from Neighbors Organized Against Hunger (NOAH). Mayor Mackenzie stated that he signed the petition to establish a League of California Cities' University Community Issue Group. 12. MATTERS FROM /FOR COUNCIL: Calendar of Events: FOR THE RECORD, Mayor Mackenzie highlighted several events /meetings, in addition to those on the calendar, as follows: Transportation Summit in Petaluma, 4/25, in which Mayor Mackenzie will be attending as a member of the Leadership Institute Board of Directors; Rebuilding Rohnert Park, 4/26; Workshop in Sacramento, 4/28, Mayor Mackenzie attending; Creek Master Plan meeting, 4/30; General Plan Steering Committee meeting regarding the Housing Element, 5/1; Water Issues Subcommittee meeting, 5/4; Water Advisory Committee (WAC) meeting, 5/5; Mayor Mackenzie's appearance before the State Water Board on behalf of WAC, 5/6. 2. City Council Agenda Forecast: Document provided to Council in the agenda packets. 3. Other informational items, if any: Living Wage Ordinance: Council Member Smith SUBMITTED to staff a document regarding the importance of a Living Wage Ordinance. Following brief Council discussion, Council CONCURRED TO AGENDIZE consideration of a living wage ordinance for its May 27t" meeting. Council Member Vidak - Martinez stated that she will not be in attendance for the May 13t" Council meeting as she will be en route to the International Council for Local Environmental Initiatives' (ICLEI) conference. Public Safety event at Creekside Middle School, 4/19: At the suggestion of Council Member Vidak- Martinez, Council CONCURRED to direct staff (1) to acknowledge Officer Bates for his efforts in organizing said event; and (2) to send a letter of thanks to the School District for permitting the use of their facility for the event. National League of Cities Energy- Efficiency block grant program: At the suggestion of Council Member Vidak - Martinez, Council CONCURRED to direct staff to send an appropriate letter, properly copied, to the City's legislative representatives urging them to approve said bill. Mayor Mackenzie noted his participation in the National Autism Walk at Sonoma State University on 4/19. City of Rohnert Park CONCURRENT MEETINGS Minutes (8 of 9) April 22, 2008 for City Council /Community Development Commission / Rohnert Park Financing Authority 13. CITY MANAGER'S /CITY ATTORNEY'S REPORTS: 1. Other informational items, if any: Sewer Rate Forecast: City Manager Donley DISTRIBUTED AND REVIEWED the "Sewer Rate Forecast" document. 14. PUBLIC COMMENTS: None. ADJOURNMENT: Mayor Mackenzie adjourned the City Council meeting at 8:35 p.m. to consecutively and separately convene the meetings of the Community Development Commission and the Rohnert Park Financing Authority. MINUTES FOR THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK Tuesday, April 22, 2008 Call to Order: 8:35 p.m. Roll Call: Breeze, Smith, Stafford, Vidak- Martinez, Mackenzie Also present: Executive Director Donley, Assistant Executive Director Schwarz, Assistant General Counsel Winig, Housing and Redevelopment Assistant Goodman, Recorder Azevedo, and Videographer Beltz Unscheduled public appearances: None. 1. CDC CONSENT CALENDAR: Approval of Meeting Minutes for: CDC Portion of Regular Concurrent Meetings — April 8, 2008 2. Approval of CDC Bills /Demands for Payment in the amount of $22,615.94 3. CDC Resolutions for Adoption: 2008 -05 Authorizing and Approving Cooperation with the County in Assigning the 2008 Single Family Allocation for a Mortgage Credit Certificate (MCC) Program, and Maintaining the Existing Cooperation Agreement with the Sonoma County Community Development Commission ( "SCCDC ") 2008 -06 Authorizing a Request for Proposals for Construction Management Services for the City Center Plaza and Fire Bay Realignment Projects A MOTION was made by Commissioner Vidak- Martinez, seconded by Commissioner Breeze, to approve the Consent Calendar. After the motion, reading was waived, and the CDC Consent Calendar, as outlined in the agenda, was UNANIMOUSLY APPROVED. City of Rohnert Park CONCURRENT MEETINGS Minutes (9 of 9) April 22, 2008 for City Council /Conznaunity Development Comniission/Rohnert Park Financing Authority 2. EXECUTIVE DIRECTOR'S REPORT: Update regarding Mortgage Meeting held on April 12, 2008: Housing and Redevelopment Assistant Goodman updated Council on the April 12 "Consumer Home Mortgage Information" presentation, and he responded to Council questions and comments. 3. ADJOURNMENT: There being no further business, Chairperson Mackenzie adjourned the CDC meeting at 8:38 p.m. MINUTES FOR THE ROHNERT PARK FINANCING AUTHORITY Tuesday, April 22, 2008 Call to Order: 8:38 p.m. Roll Call: Breeze, Smith, Stafford, Vidak- Martinez, Mackenzie Also present: Executive Director Donley, Assistant Executive Director Schwarz, Assistant General Counsel Winig, Recorder Azevedo, and Videographer Beltz Unscheduled public appearances: None. 1. RPFA CONSENT CALENDAR: Approval of Minutes for: RPFA Portion of Regular Concurrent Meetings — April 8, 2008 Upon MOTION by Member Vidak - Martinez, seconded by Member Breeze, the RPFA Consent Calendar, as outlined in the agenda, was UNANIMOUSLY APPROVED. 2. 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E» O O O 0 0 Efl O O O to N O O N O O O Cl 0 0 X (D 3 CD 0 3 a: N = CD 0 a1 0 ,n 0 0 U) N O O N O o 0 O O O 4A 0 0 0 °o 00 0 ffl O O O O O Co O O O N O O N O O O O O O O Cl O O c7 D -o D r O c r m c Z v CD C W W � O � N 0 O ^ 4 lG CD < CD C N m C x `D CD 3 C. G -s N DW c (Q G1 C � N 0 <D W � ,Cl N O O 4 _ 3 St1 T D -0h N tc D c (D -C r r N 3 o D a -G x c CD C 4 Z CD C v CL c m N Resolution No. 2008 -66 Council: X Miscellaneous _ Communications Agenda: 5113108 X 517108 -TG Copy to: A Resolution of the City Council of the City of Rohnert Park Congratulating Sara ewai =dm&&V tier weW ea=w ae die eompe%im 46 ✓l too ealflaraia ✓ZZ&Oe WHEREAS, Sara Choi has acquired a long list of accomplishments in the world of pageantry which has evolved over time from a beauty pageant to a scholarship program wherein contestants must show proficiency in many areas; and WHEREAS, Sara was named Miss Sonoma County in March of this year; and WHEREAS, Sara also captured the title of California Junior Miss in 2005 and was top scholar of all contestants; and WHEREAS, Sara is a gifted violinist who has performed with the world-famous cellist Yo -Yo Ma; and WHEREAS, her accomplishments reach far beyond pageantry, to name a few: Sara attends Harvard University where she is studying biological anthropology and serves as Assistant Concert Master of the Harvard Box Society Orchestra, she is President and Founder of the DR School Project in the Dominican Republic, and she was one of only three Interns (worldwide) to the United Nations. NOW, THEREFORE, BE IT PROCLAIMED by the City Council of the City of Rohnert Park that it recognizes the self - discipline and dedication necessary for competition at this level and sends our best wishes for victory with Sara Choi as she competes for the Miss California Title in Fresno in June. DULYAND REGULARLY PROCLAIMED this 13`x' day of May, 2008. CITY OF ROHNERT PARK Mayor ATTEST: City Clerk Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2 & 4 1 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} RESO. NO. 2008-67 Council: X Miscellaneous Communications Agenda: 5 /13108 X 5/7/08-rc Copy to: CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: May 13, 2008 Department: Public Works - Parks Submitted By: Angie Smith, Purchasing Agent Submittal Date: May 1, 2008 Agenda Title: PARK CLEANING SERVICES Requested Council Action: Adopt Resolution Calling for Sealed Proposals for Park Cleaning Services Summary: The City has been under contract with Old Adobe Development Services for Park Cleaning Services since 1994. The City has not gone out to bid for these services in fourteen years. Due to budget constraints and numerous vendors able to provide the same type of service, staff would like to solicit bids for a two year contract. The current contract expires June 30, 2008. Therefore, it is staff's recommendation to Call for Sealed Proposals for Park Cleaning Services. Enclosures: Resolution CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney. CITY MANAGER'S RECOMMENDATION: () Consent Item () Regular Time ( ) Approval ( ) Public Hearing Required ( ) Not Recommended ( ) Submitted with Comment ( ) Policy Determination by Council "j— City d,() City Comments: � � S r tit ty Manager's Signature: Date: �3 6 JH- S:05-b RESOLUTION NO. 2008 -67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK CALLING FOR SEALED PROPOSALS FOR PARK CLEANING SERVICES BE IT RESOLVED by the City Council of the City of Rohnert Park, California, as follows: That sealed proposals for Park Cleaning Services are hereby solicited and the City Manager is directed to post as required by law a Notice Inviting Sealed Proposals for said program referring to the specifications on file in the City Offices, the first posting of which shall be at least ten (10) days prior to the time fixed for opening bids. Notice shall be published at least twice, not less than five (5) days apart, in a newspaper of general circulation, printed and published in the City. Said sealed proposals shall be delivered to the City Manager of said City on or before 10:00 a.m. on Thursday, June 5, 2008, said time being not less than ten (10) days from the time of first posting of said notice. Bids will be publicly opened, examined, and declared on said day and hour and referred to and considered by the Council at its meeting on June 24, 2008 at 6:00 p.m. or as soon thereafter as the item is reached on the agenda. DULY AND REGULARLY ADOPTED this 13th day of May 2008. CITY OF ROHNERT PARK Mayor ATTEST: City Clerk JH- S:05 -d Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2„d & 4`h Tuesdays of each month: • Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via email for review and approval as to form DUE no later than NOON Three (3) Mondays prior to Council meeting date • Agenda Items w /attachments via email and hard copy to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting date • Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday morning One (1) week prior to Council meeting date • Agenda Packets distributed to City Council and Agendas posted/distributed /mailed on Wednesday afternoon One (1) week prior to Council meeting date in compliance with Rohnert Park Municipal Code Section 2.08.050 {This section for City Clerk Use Only) RESO. NO. 2008-68 Council: X Miscellaneous Communications Agenda: 5113108 X 5 /7 /08 -TG Copy to: CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: May 13, 2008 Department: Department of Public Works /Engineering Division Submitted By: Patrick Barnes, Deputy City Engineer Submittal Date: May 2, 2008 Agenda Title: Task Order No. 2008 -03 with Coastland Civil Engineering for Engineering Design Services for the Lancaster Drive Rehabilitation Project, City Project No. 2007 -14 Requested Council Action: Authorize and Approve Task Order No. 2008 -03 under the Master Agreement with Coastland Civil Engineering for Design Services for the 2008 Lancaster Drive Rehabilitation Project #2007 -14 Summary: The 2008 Lancaster Drive Rehabilitation project work consists of the overlay or reconstruction of Lancaster Drive to prolong the life of existing pavement. The work will include adding detectable warning surfaces to pedestrian ramps, sewer manhole grade rings and frame & covers replacement, and bicycle lane striping and signage. The project costs are estimated at $1.2 million and will be funded by 1B, Gas Tax and Measure M funding sources. Coastland Civil Engineering has submitted a proposal for Professional Engineering Design Services separated into two phases: Phase I - Scoping Study Phase with an estimated cost of $22,560 and Phase H - Design /PS &E Phase with an estimated cost of $65,370 -The total not -to- exceed cost for this work is $87,930. Staff recommends approval of the attached Task Order to be performed under the Master Agreement for Construction Management and Design Services approved through Resolution No. 2007- 169 by Council on October 9, 2007. Enclosures: Resolution, Task Order No. 2008 -03, 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: _.(4 Consent Item ( ) Regular Time - (Approval () Public Hearing Required ( ) Not Recommended () Submitted with Comment ( ) Policy Determination by C cil ( ) City Comments: City Manager's Signature: a Date:. (Revised 1050 JH:TG- S:05 -b RESOLUTION NO. 2008-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING TASK ORDER NO. 2008-03 WITH COASTLAND CIVIL ENGINEERING FOR ENGINEERING DESIGN SERVICES FOR THE LANCASTER DRIVE REHABILITATION PROJECT, CITY PROJECT NO. 2007-14 WHEREAS; the City desires to obtain engineering services for the design of the 2008 Lancaster Drive Rehabilitation Project No. 2007 -14; WHEREAS, Council approved a Master Agreement with Coastland Civil Engineering through Resolution No. 2007 -169 adopted by Council on October 9, 2007, to provide construction management and design services on an as- needed basis; and WHEREAS, Coastland Civil Engineering submitted a proposal to provide Scoping Study Services and Design Services for the Lancaster Drive Rehabilitation project and is qualified to perform such services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve Task Order No. 2008 -03 by and between Coastland Civil Engineering, a California corporation, and the City of Rohnert Park, a municipal corporation, for engineering design services for the 2008 Lancaster Drive Rehabilitation Project for a not -to- exceed cost of $87,930. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute this Task Order in substantially similar form to the attached Task Order for and on behalf of the City of Rohnert Park and execute any other document or instrument and take any additional action, including approval of an extension to the Time of Performance of the work set forth in the Task Order, that does not change the intent of the Task Order or require the expenditure of City funds as may be necessary to carry out the purpose of the Task Order. DULY AND REGULARLY ADOPTED this 13`h day of May, 2008 ATTEST: City Clerk CITY OF ROHNERT PARK Mayor COASTLAND CIVIL ENGINEERING TASK ORDER NO. 2008-03 CITY OF ROHNERT PARK AND COASTLAND CIVIL ENGINEERING AUTHORIZATION TO PROVIDE ENGINEERING DESIGN SERVICES FOR THE 2008 LANCASTER DRIVE REHABILITATION PROJECT NO. 2007 -14 SECTION 1— PURPOSE The purpose of this Task Order is to authorize and direct Coastland Civil Engineering to proceed with the work specified in Section 2 below in accordance with the provisions of the MASTER AGREEMENT between the City of Rohnert Park ( "City ") and Coastland Civil Engineering ( "Consultant ") hereto dated October 15, 2007. SECTION 2 — SCOPE OF WORK The items authorized by this Task Order are presented in Attachment "A" - Scope of Services. SECTION 3 — COMPENSATION AND PAYMENT Compensation shall be as provided in the MASTER AGREEMENT between the parties hereto referenced in SECTION 1 above. The total cost for services as set forth in SECTION 2 shall be actual costs (time and materials) based on Consultants' standard labor charges in accordance with the provisions of the MASTER AGREEMENT and as shown in Attachment `B" for an amount not -to- exceed $87,930. SECTION 4 — TIME OF PERFORMANCE The work described in SECTION 2 shall be completed by January 31, 2009, or as extended by the City Manager. SECTION 5 — ITEMS AND CONDITIONS All items and conditions contained in the MASTER AGREEMENT for professional services between City and Consultant are incorporated by reference. Approved this day of May, 2008. CITY OF ROHNERT PARK Stephen R. Donley, City Manager (Date) Per Resolution No. 2008- adopted by the City Council at its meeting of May 13, 2008. COASTLAND CIVIL ENGINEERS Scott Reynolds, Vice - President (Date) ATTAC� "A" PROJECT UNDERSTANDING AND APPROACH The City of Rohnert Park is proposing to rehabilitate approximately one mile of Lancaster Street, a major collector, from the City limits south to the cul -de -sac. The City will be applying for 1 B funding to assist with the costs associated with rehabilitating the road. The street was originally constructed in 1972 and rehabilitated with an overlay in 1989. The condition of the street varies along its length. Based on our field review,. the southern section appears to be structurally sound with only a few cracks, but the surface is raveling and in very poor condition. The mid and northerly sections appear to degrade rapidly as you head north. Growing alligator cracks and failed subgrade areas plague the mid section and it is difficult to find large areas that are structurally sound in the north area. We also noticed the existing curb and gutter is in fair condition along its length and would only need replacing in specific areas to accommodate the roadway rehabilitation improvements. Based on recent recommendations from the City's pavement management data, the road section may include 4 different repair methods. The repair methods are listed as slurry seal, thin and thick overlays and reconstruction. As noted in the scope of services below, this data will be used only as an aid in. determining the actual repair method. The City has asked that our services be separated into two phases including a Scoping Study Phase and a Design and PS &E Phase. The scope of services pro_ vided below identifies the tasks we propose for each of these phases. In an effort to provide the City with a comprehensive Scoping Study, we believe it would be valuable to obtain a second opinion on our recommended repair methods from a third party. We propose to team with Kleinfelder who will work with us on identifying the preferred rehabilitation methods for the various road sections. They will also provide recommendations on the design of the reconstruction section with a focus on the weak subgrade. In addition, we will collaborate with them and the City on various construction methods that can be used to preserve the weak subgrade during construction. We have extensive experience working with the City of Santa Rosa on roadway reconstruction projects which have similar subgrade qualities and Kleinfelder has similar experience with other jurisdictions in the area, including the County of Sonoma. We believe together we can provide the City with a quality project that meets the City's expectations and concerns regarding the subgrade conditions. As requested, all pedestrian ramps within the project area will be fitted with detectable warning surfaces and all sewer manhole grade rings and frame and.covers will be replaced. In addition, we will include bicycle striping and signage along the length of the repaired roadway. We believe the surface repairs, including overlays and seals can be designed on City base maps. This will reduce costs associated with survey efforts. For surface repairs, all pertinent information on striping, typical cross sections, conforms, sewer manhole improvements and other surface utilities will be clearly shown on the base maps. The reconstruction section, however, will require topographic data to assure proper grades and existing conforms are met. To complete the survey we will be teaming with Cinquini & Passarino. COASTLAND 1 CITY OF ROHNERT PARK SCOPE OF SERVICES Phase f -- Scop i ng Study TASK I - MEETINGS WITH CITY REPRESENTATIVES We propose to meet with City staff to discuss project details, establish goals, review the project schedule and coordinate efforts. Included will be a meeting for project kick -off. TASK 2. - BACKGROUND INFORMATION We will assemble all of the available City information pertaining to the project including as -built drawings, benchmark information, utility information, base maps and any additional pertinent information for the project. As mentioned above, we will use the City Base Maps or aerial maps as our background for all paving improvements except for reconstruction areas. We will also obtain pavement management data and, past soil reports within the project area. This data will assist us in determining what pavement repair measures may be necessary. Lastly, we will take digital photos of the site and observe existing conditions in the field so we will be able to identify any unusual or special condition that may affect the project design or construction. During our field review we will also review the pavement to identify potential digout repair areas, overlay conform locations and utility manholes or boxes that will need to be adjusted to grade. TASK 3 EVALUATION OF PAVEMENT REPAIR OPTIONS Once we have compiled all the available background data, including field review findings we, will meet with Kleinfelder to discuss paving repair alternatives. All possible options will be considered, including the following: ➢ Conventional (HMAC).pavement deep lift sections and overlays ➢ Rubberized asphalt concrete (RAC) overlays ➢ Rubberized asphalt concrete (RAC) seals ➢ Alternative reconstruction methods (in -place recycling, mill & fill, etc.) ➢ Use of pavement reinforcing fabrics and crack sealants ➢ Locations and treatments of failed pavement sections (base repairs) ➢ Full -width and wedge, grinding requirements (based on existing cross slope) ➢ Surface seal treatments Design alternatives will include an evaluation of the design service life. A service life of 20 years will be the goal for structural repair areas. The goal for surface treatments includes a 10 to 15 year service life. New pavement structural sections, where appropriate, will be developed using the design methods in Caltrans Highway Design Manual. Kleinfelder will assist in designing appropriate roadway repair sections; including reconstruction sections. Recommended repair methods will be identified for the entire length of roadway. Mapping will be prepared to illustrate the approximate limits of each of the repair sections. A typical repair detail will be provided for each repair section. Construction cost estimates will be prepared for each roadway repair section. If more than one repair alternative is found to be viable for a section, an estimate will be prepared for each alternative. COASTLAND 2 CITY OF ROHNERT PARK TASK 4 - SCOPING STUDY REPORT' Following the evaluation of pavement repair options, we will prepare a Scoping Study Report. The report will then summarize recommendations, which at a minimum, will include the following: ➢ Description of analysis performed for the project including mapping illustrating repair cross sections and limits ➢ Recommended alternatives for pavement rehabilitation including cost comparisons ➢ Recommendations for rehabilitation of any excessive pavement damage, defects, poor sub -base, and/or steep cross slopes ➢ Preliminary construction cost estimates based on overall pavement design recommendations Under this task we- propose to meet with the City and Kleinfelder to review the report and associated findings. Phase 11-- Design and RS&E Based . on the City's direction following the ' scoping study report meeting, we will proceed with designing and preparing PS &E documents for the preferred alternatives. Please note that in an effort to provide the City with a comprehensive design proposal, the following scope of services assumes the preferred alternatives will be similar to the City's pavement management condition survey as provided by e-mail from the City on March 7, 2008. Based on this data, the reconstruction limits will be between Liman Street and the City Limits. if the reconstruction area is found to deviate from these limits we will notify the City and provide a revised scope and fee as necessary. TASK 1-COORDINATION WITH UTILITY COMPANIES AND REGIONAL BOARD COORDINATION We propose to coordinate with outside utility companies to ensure that all existing facilities, both underground and overhead, are identified accurately during the design phase. This task will include Writing letters to PG &E,,AT &T and Comcast informing them of the project and requesting their facility drawings: In an effort to accurately locate utilities on the design drawings, we will also request that they field locate their facilities. We will also request that the City mark out storm drain, sewer and water facilities. Our goal will be to identify all utilities that will be impacted by construction and who is responsible for relocating. Under this task we will prepare submittal packages to each of the utility companies so they can verify the accuracy of their facilities and the need for relocation. We will also coordinate our efforts with the Regional Water Quality Control Board to find if the area of work is within a contaminated zone.. We will provide the City with the Boards findings. if the Board finds that the site has a potential to be contaminated, we will review the results with the City. Due to the minor underground work associated with this project (reconstruction and sewer manhole work), it is unlikely contaminated soil. will require additional effort. If additional effort is found to be necessary we would be happy to povide the City with a scope and fee to provide such services for consideration. COASTLAND 3 CITY OF ROHNERT PARK TASK 2 - SURVEYING Cinquini and Passarino (C &P) will be.preparing the topographic survey for the reconstruction repair work associated with this project. Under this task we have included time to coordinate with C &P and to develop background design drawings from the survey files. TASK 3 - 50% SUBMITTAL Following obtaining City base maps or aerial mapping, utility coordination and topographic survey we will begin preparing the 50% submittal. While the survey is being prepared we will focus our efforts on roadway sections requiring surface treatments such as overlays and slurry seals. As mentioned, this design will be illustrated on City base maps, which are assumed to be available in ACAD format. The base maps will be developed into design drawings which will clearly illustrate limits of pavement repair, type of repair, striping, bicycle signage, location of detectable warning. surf aces, sewer manhole riser replacements, utilities to be raised to grade, curb replacement areas and other items necessary for pavement repair., Upon. completion of the topographic survey for the reconstruction area, we will deLvelop background data and prepare design drawings. Conform areas will be identified and necessary cross slopes will be illustrated. We will attempt to achieve a 21% cross slope on all reconstructed roadways. Under this task we will also coordinate with Kleinfelder on possible construction methods to allow reconstruction of the roadway while not impacting the subgrade. With our combined experience in repairing roads.with weak subgrade materials, we believe we can provide the City with a specification that will mitigate concerns and issues during construction. We will also work with the City under this task to confirm all necessary 1 B funding requirements are provided in the specifications. The submittal will include outline specifications, 3 sets of preliminary plans and a preliminary estimate of probable. construction costs. TASK 4 - 70% SUBMITTAL We propose to meet with the City to review the 50% design comments. Following the review of the 50% submittal, we will prepare a 70% submittal including 3 sets of full size plans, 3 copies of draft technical specifications and 3 copies of the engineer's estimate. The submittal will address all comments on the 50% submittal.. The 70% design will include all typical roadway repair structural sections and all necessary details. Also for the reconstruction section this submittal will include roadway sections at every 25 feet as well as all finish grade elevations. TASK 5 - 90% SUBMITTAL Again, we propose to meet with the City to review the 70% design comments. Following this review we will prepare the 90% submittal. The project design will essentially be complete for this submittal. All comments from the 70% submittal review will be addressed. We will also address all relevant items in the City's Exhibit D "Design Consultant Requirements ". OASTLAND 4 CITY of RoHNERT PARK Included in the submittal will be 3 sets of plans, 2 copies of the specifications and 2 copies of the engineer's estimate. TASK 6 - FINAL SUBMITTAL Following the 90% review meeting with the City, we. will prepare final..bid documents, including stamped and signed mylar drawings and camera ready technical specifications with a stamped and signed cover. An electronic copy of the drawings and specifications will also be provided. TASK 7 - BID, CONTRACT AND CONSTRUCTION ASSISTANCE Under this task we will provide services on all relevant items outlined in the City's Exhibit D "Design Consultant Requirements ". Exceptions to Scope of Services The following work is not included in our proposal. However, Coastland would be pleased to provide these services.if the City desires: • Environmental assistance /soil contamination. • Geotechnical evaluation. ■ Right -of -way determination or preparation of associated documents. • Public participation effort. • Construction assistance beyond those services mentioned above (excludes Design During Construction Assistance) • Meetings beyond those noted above. • Council presentations or other staff presentations. Coordinating with more than one City Department. Project Schedule We understand the City will be awarding the project in early May. Following award the City would like the scoping study to be complete by June 30, 2008 and the final PS &E delivered by January 31, 2009. We will focus our efforts and work with the City to meet these desired completion goals. COASTLAND 5 CITY OF ROHNERT PARK rM a F 0 a 0 E U 10 f� a fI� O U _ 0 O 0 �.r 6e N v� � tf) C4 __ v w 00 00 w a0 00 O N V N c� �/ ' `-4 O N N' 0q�0 W � - � po o o U 1,9 IS 61 o o 0% 10 � ai ai y 0 O O PC CID a d- d. V• N V N V V O N NC-4 ON N x "Ci '� •p pp 'g � 0 00 Tn a o a U w oC� H M " 60 as U h . � j cs� �A � Q .rn oo N tl- �• .0 U Q a9 � 0 •� 00 p q 00 00 N IN N N � a w W W v q q 0 00 '0 •V lu a� r. y p iYi 0 oN •a a � � � � � W U `" U U 0. d[i bA •i s H C7 g 0 ° •O U 71 V J d d O � N x ti t7 �} Fl rM a F 0 a 0 E U 10 f� a fI� O U U 00 O 0 �.r 6e N v� � tf) C4 __ kn 00 00 w 00 N V N c� 0 W q � � o � ai ai y 0 O O PC CID U C Cd •y "Ci '� •p pp 'g � 0 00 Tn a o a U H M rM a F 0 a 0 E U 10 f� a fI� O U a x iTr 0 F U I r-- O A op G � N d C A A A N a co up� 0o 'ct o 0O0 pp O o 'V r p p S ON .NV p N W p S b pp 't} • y O 000 pp p p O S p U �-• M M O o0 t` O O a` N O Oi G1 V GT N 00 69 N 64 69 N 69 dS H yj V' 69 69 69 69 yy V 69 vi 69 69 6�9 ��y s N 69 N 6Fi 669 M 69 N 69 M 69 r 69 ^ r1 fA H Co eq 00 00pp W O V M V �o I.D F ., bD C N6 O cV � U' 00 69 U N et N N A � U N 669 A " W ti � rn G M oo N M N 00 ON DD O N ON Q C NO V o0 � W .+ H 69 QC W 00 <t N cp N N � V 00 -j- Vl � G 0 •� � G by r 00 V V N N N N 00 a w 69 eu CO CIS N C Cd a� Q p •$ c O a> ' C"i a> •N (oUJ N � •�' cV y C co � C N O G 4' V E-, v W p W rY � W pFa A G ( C� N a$ U p N .0 cl N ' '� c b v en v -' co U Cd Vl V] `� A 0 •� O A V1 0 W p v a U cn U RS v� b °En �awc�a orr�a�Uau� m z a x iTr 0 F U I r-- O A ATTACHMENT :.ifBo Coasiland's current.Schedule of Hourly Rates is below. Work and associated fees wily be determined upon it is our understanding that the exact Scopes of assignment of projects. This fee schedule includes each position classification required, and all reimbursable fees and expenses. SCHEDULE OF HOUf2L .RATES July 01 , 2007 through June 30, 2008 PROFESSIONAL SERVICES Principal Engineer. $1.55 175/hour Supervising Engineer $130- 145/hour Senior Engineer $100- 135/hour Associate Engineer $90-1 10/hour Assistant Engineer $75 -95 /hour Junior Engineer. $70- 85/hour Principal.Designer $90-130/hour Engineering Assistant $90 115/hour Senior Engineering Technician $80- 95fiour. Engineering Technician $70=85 /hour Engineering Aide $507701hour Resident Engineer $100- 1401hour Constriction Manager $100- 1351hour Construction inspector *.. $85- 110/hour Building Official $110- 135/hour Building Plan Check Engineer $100- 135/hour Building.Inspector $80- 95/hour Plans Examiner $85 -1 10/hour Building Technician $65 -80 /hour 2 -Man Survey Crew $180 200 /hour CLERICAL VEHICLE $50- 70/hour MILEAGE $10- 14/hour OUTSIDE SERVICES $0 -00 /mite MATERIALS Cost t 15% Cost f 15% Computer time is included in the hourly rates used above. Consultation in connection with litigation and court appearances will be quoted separately. Additional billing classifications may be added to the above listing during the year as new positions are created. includes services subject to prevailing wage rates. Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2°d & 4th Tuesdays of each month: • Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via email for review and approval as to form DUE no later than NOON Three (3) Mondays prior to Council meeting date • Agenda Items w /attachments via email and hard copy to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting date • Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday morning One (1) week prior to Council meeting date • Agenda Packets distributed to City Council and Agendas posted/distributed /mailed on Wednesday afternoon One (1) week prior to Council meeting date in compliance with Rohnert Park Municipal Code Section 2.08.050 {This section for City Clerk Use Only) RESO. NO. 2008-69 Council: X Miscellaneous Communications Agenda: 5113108 X 5/7i08-TG Copy to: CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: May 13, 2008 Department: Administration Submitted By: Daniel Schwarz, Assistant City Manager Submittal Date: May 5, 2008 Agenda Title: PARKS, RECREATION AND OPEN SPACE (PROS) COMMITTEE Requested Council Action: Adopt resolution recognizing the efforts and contributions of the Parks, Recreation and Open Space (PROS) Committee, accepting the Park and Recreation Facilities Master Plan, and dissolving the PROS Committee. Summary: The Park, Recreation, and Open Space (PROS) Committee was formed on January 11, 2005, to develop a parks master plan and to consider the future of the area known as the "Community Fields." Over a three - year period the PROS Committee held regular meetings and conducted citizen surveys, public forums, and stakeholder interviews. In April 2008 the PROS Committee produced the 2008 Park and Recreation Facilities Master Plan, which was presented to the City Council during a joint work session held on April 22, 2008. The attached resolution accomplishes the following: 1) Acknowledges the work of the Park, Recreation, and Open Space (PROS) Committee; 2) Accepts the 2008 Park and Recreation Facilities Master Plan; 3) Directs the Parks and Recreation Commission to produce an report concerning the Master Plan; and 4) Dissolves the PROS Committee. Enclosures: Resolution CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney. CI Y MANAGER'S RECOMMENDATION: Consent Item ( ) Regular Time 'j�Approval ( ) Public Hearing Required ( ) Not Recommended () Submitted with Comment ( ) Policy Determination by Council ( ) City Comments: City Manager's Signature: LQA- Dater (Revise 105 7) :TG- S:05 -b RESOLUTION NO. 2008-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK RECOGNIZING THE EFFORTS AND CONTRIBUTIONS OF THE PARKS, RECREATION, AND OPEN SPACE COMMITTEE, ACCEPTING THE PARK AND RECREATION FACILITIES MASTER PLAN, AND DISSOLVING THE PARK AND RECREATION AND OPEN SPACE COMMITTEE WHEREAS, the Park, Recreation, and Open Space (PROS) Committee was formed on January 11, 2005 to develop a parks master plan and to consider the future of the area known as the "Community Fields "; WHEREAS, over its three -year existence, the PROS Committee members volunteered countless hours to meet their charge; WHEREAS, the PROS Committee engaged the citizens of Rohnert Park through a comprehensive survey, public forums, and stakeholder interviews; WHEREAS, the PROS Committee produced the 2008 Park and Recreation Facilities Master Plan; WHEREAS, the Park and Recreation Facilities Master Plan was presented to and discussed by the City Council as part of a workshop on April 22, 2008; and WHEREAS, at this workshop, the Council discussed that the Master Plan should serve as the framework for future deliberations by the Parks and Recreation Commission. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rohnert Park that it acknowledges and extends its deepest appreciation to the members of the PROS Committee for their efforts on behalf of the citizens of Rohnert Park. BE IT FURTHER RESOLVED that City Council accepts and adopts the 2008 Park and Recreation Facilities Master Plan. BE IT FURTHER RESOLVED that City Council directs the Parks and Recreation Commission to produce, no later than March 31 of each year, a report that evaluates the City's progress in implementing the Master Plan and recommends any amendments to the Master Plan for the Council's consideration. BE IT FURTHER RESOLVED that the PROS Committee is dissolved. DULY AND REGULARLY ADOPTED this 13t" day of May, 2008. CITY OF ROHNERT PARK Mayor ATTEST: City Clerk CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT RESO. NO. 2008-70 Council: X Miscellaneous Communications Agenda: 5113108 X 5/7108 -TG Copy to: Meeting Date: May 13, 2008 Department: Community Development Department Submitted By: Brian Goodman, Housing and Redevelopment Assistant Submittal Date: May 2, 2008 Agenda Title: Sale of Real Property: 6750 Commerce Boulevard (APN 143 - 380 -014) and Directing Staff to Prepare a Request for Proposals (RFP) Requested Commission Action: Approve Resolution authorizing a Purchase and Sale Agreement for the City Hall Site Located at 6750 Commerce Boulevard (APN 143- 380 -014). Summary: On May 7, 2007, the Community Development Commission of the City of Rohnert Park (CDC) amended its redevelopment plan which updated the projects to be implemented for the period of 2004 -05 through 2008 -09. The adopted redevelopment plan allocated $10,110,000 toward the redevelopment of 6750 Commerce City Hall site as well as other properties, such as 100 and 120 Avram Avenue, for affordable housing and $1,000,000 toward the development of a mixed -use component. The City of Rohnert Park's General Plan has designated the properties on 100 and 120 Avram Avenue as high - density residential and planned redevelopment of the site is consistent with the City's General Plan. On February 13, 2007, the CDC approved the issuance of tax allocation bonds which provided non - housing bonds of $37 million (2007R Bond Series) and housing bonds of $27 million (2007H Bond Series). The CDC has allocated funding from the 2007H Bond Series for acquisition of the property. The 2007H Bond is secured by the Housing Fund. The Housing Fund is comprised of 20% of the tax increment revenues allocated to the CDC. The purpose of this fund is to increase, improve and preserve the community's supply of low- and moderate - income housing available at affordable housing costs. The City of Rohnert Park owns the site located at 6750 Commerce Blvd where City Hall is currently located. With a new City Hall under construction, the CDC has an opportunity to acquire the current City Hall allowing the CDC to further its goal of working with a developer to build affordable housing on the site. The purchase amount has been set using an Appraisal Report performed by a licensed appraiser, Ronald J. Crocker, MAI, CA License No. AG008219. This report is available for viewing at the Housing and Redevelopment office. The final purchase price for 6750 Commerce Blvd. is $1,135,000. The property is a frame office building containing approximately 7,450 square feet of gross building area situated on an approximately 37,500 square foot parcel improved with 51 on -site parking spaces. The purchase price is within the funding available from the 2007H Bond Series proceeds. The CDC's Executive Director has successfully negotiated the purchases of both 100 and 120 Avram Avenue, and both properties are now held by the CDC. The existing tenants are relocating once their leases expire and both properties should be vacant prior to the end of the calendar year. Staff was authorized to issue a Request for Qualifications (RFQ) for redevelopment of the properties on April 10, 2007 per CDC Resolution 2007 -05. Based on review of the responses received, staff has generated a short list of three firms that met the qualifications. The three firms that were selected were Bridge Housing, Burbank Housing and Sherman Associates. Should the CDC decide to move forward with the acquisition, approval of the RFP will be scheduled on an agenda at a future meeting. Enclosures: - Resolution - Purchase and Sale Agreement CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney. CITY MANAGER'S RECOMMENDATION: Consent Item ( ) Regular Time — (-6 Approval () Public Hearing Required ( ) Not Recommended () Submitted with Comment ( ) Policy Determination b cil ( ) City Comments: City Manager's Signature: Date: RESOLUTION NO. 2008-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING A COOPERATION, REIMBURSEMENT, AND PURCHASE AND SALE AGREEMENT WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK FOR THE ACQUISITION OF PROPERTY LOCATED AT 6750 COMMERCE BOULEVARD (ASSESSOR'S PARCEL NUMBER 143 -380 -015) AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, the City of Rohnert Park ( "City ") owns certain real property located within the Redevelopment Project area boundaries described as Assessor's Parcel Number 143- 380 -015, located at 6750 Commerce Boulevard ( "Old City Hall Site "); WHEREAS, the City's General Plan has designated 6750 Commerce as high - density residential and planned redevelopment of the site is consistent with the City's General Plan; WHEREAS, on May 7, 2007, the Community Development Commission ( "CDC ") amended its redevelopment plan which updated the projects to be implemented for the period of 2004 -05 through 2008 -09; WHEREAS, the adopted redevelopment plan allocated $10,110,000.00 toward the redevelopment of the Old City Hall Site and other sites including 100 and 120 Avram Avenue with an additional $1,000,000.00 designated for the development of a mixed -use component; WHEREAS, pursuant to section 33640 et seq. of the California Health and Safety Code, the CDC has issued bonds, with a portion of these proceeds to be used for the purpose of increasing, improving and preserving the community's supply of low -and moderate - income housing available at affordable housing costs; WHEREAS, on February 13, 2007, the CDC approved the issuance of tax allocation bonds which provided non - housing bonds of $37 million (2007R Bond Series) and housing bonds (2007H Bond Series) of $27 million; WHEREAS, the CDC desires to use 2007H Bond Series Proceeds to purchase the Old City Hall Site from City for subsequent transfer to an affordable housing developer pursuant to an anticipated disposition and development agreement; WHEREAS, the execution of the purchase agreement is consistent with the CDC's redevelopment plan and is consistent with the intended use of housing bond proceeds; and WHEREAS, the one million, one hundred thirty-five thousand dollar purchase price ($1,135,000.00) is within the funding of the tax allocation bonds. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Rohnert Park approves the Cooperation, Reimbursement, and Purchase and Sale Agreement and authorizes its execution by the City Manager in substantially the similar form currently of the agreement attached hereto and incorporated herein, subject to any minor, clarify and /or conforming changes as may be approved by counsel. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to sign and execute any and all documents necessary to complete the sale of the property. DULY AND REGULARLY ADOPTED this 13th day of May, 2008. CITY OF ROHNERT PARK Mayor ATTEST: City Clerk COOPERATION, PURCHASE AND SALE AGREEMENT (Old City Hall Site) This Cooperation, Purchase and Sale Agreement ( "Cooperation Agreement ") is made and entered into on this day of May, 2008 ( "Effective Date ") by and between the Community Development Commission of the City of Rohnert Park, a public body corporate and politic ( "Commission ") and the City of Rohnert Park, a California municipal corporation ( "City "). RECITALS A. City has adopted the Rohnert Park Community Development Project ( "Redevelopment Project ") pursuant to the Redevelopment Plan therefor adopted by Ordinance No. 479 of the City Council of City on July 14, 1987 ( "Redevelopment Plan "), as amended, incorporated herein by reference. B. Pursuant to section 33640 et seq. of the California Health and Safety Code, Commission has issued bonds, which bond proceeds are intended for the purposes of increasing, improving and preserving the community's supply of low -and moderate - income housing available at affordable housing costs ( "2007H Bond Proceeds "). C. City owns certain real property located within the Redevelopment Project area boundaries at 6750 Commerce Boulevard, Rohnert Park, California, APN 143- 380 -015 as more particularly described in Exhibit A attached hereto and incorporated by reference ( "Property "). D. Commission desires to use the 2007H Bond Proceeds to purchase the Property from City for subsequent transfer to an as -yet unidentified affordable housing developer pursuant to an anticipated disposition and development agreement, for development of affordable housing in furtherance of Redevelopment Plan goals and in accordance with permitted uses of the 2007H Bond Proceeds. E. Pursuant to their general powers and section 33220 of the California Health and Safety Code, Commission and City desire to enter into this Cooperation Agreement to cooperate in Commission's acquisition of the Property in furtherance of the goals of the Redevelopment Plan, and to set forth the terms and conditions of such acquisition. AGREEMENT 1. Offer to Purchase; Acceptance. Commission hereby offers to purchase the Property under the terms and conditions set forth in this Cooperation Agreement, and City hereby accepts such offer. 2. Terms. 1092030v1A 80078/0022 (a) Purchase Price. The purchase price for the Property shall be $1,135,000 ( "Purchase Price "). The Purchase Price is based on the fair market value appraisal of the Property prepared by The Crocker Company dated April 18, 2007 with a valuation date of March 5, 2007. Attached hereto as Exhibit B and incorporated by reference are appraisal excerpts which address the conclusion of value. (b) Closing Costs. Closing costs shall be paid by Commission. (c) Prorations. Prorations of assessments and other charges attributable to the Property, if any, shall be prorated as of the Closing of Escrow based on a 365 -day year. 3. Escrow and Closing. (a) Escrow Account. Commission has opened escrow number 142649 ( "Escrow ") with North Bay Title Company located at 431 E Street, Santa Rosa CA 95404, (707) 526 -2000 (Attention: Patti Billing) ( "Escrow Holder ") for conveyance of the Property to Commission. (b) Title Report. Escrow Holder's title insurer ( "Title Company ") shall deliver to each City and Commission a standard preliminary title report ( "Report ") with respect to the title of the Property, together with legible copies of the documents underlying the exceptions ( "Exceptions ") set forth in the Report. Commission shall have the right to approve or disapprove the Report and any Exceptions. (c) Escrow Deposits. In connection with the Escrow, Escrow Holder has received or shall receive the following: From Commission: A. This Cooperation Agreement executed by all parties; B. The Purchase Price in immediately available U.S. funds; C. The Final Closing Statement (defined below); D. An original Certificate of Acceptance duly executed on behalf of Commission and acknowledged in the form of Exhibit D; E. Funds sufficient to pay recording costs, escrow fees, and title insurance premiums pursuant to Section 2(b) hereof, and F. Funds sufficient to pay those prorations, taxes, and other amounts chargeable to, or to be paid by, Commission pursuant to Section 2(c) hereof ii. From City: 1092030v1A 80078/0022 2 A. A duly executed and acknowledged grant deed transferring ownership of the Property to Commission ( "Grant Deed ") in the form of Exhibit D; B. Funds sufficient to pay those prorations, taxes, and other amounts chargeable to, or to be paid by, City pursuant to Section 2(c) hereof. (d) Close of Escrow. Escrow shall close as soon as practicable after satisfaction of the following conditions. If such conditions are not satisfied within 120 days after the Effective Date, Escrow Holder shall return all Escrow deposits to the depositing party and Escrow shall be terminated, except as otherwise mutually agreed by the parties. i. Deposit into Escrow of the foregoing items; ii. Written Commission approval of the Report and Exceptions; iii. Satisfaction of both California Government Code section 65402 and the Surplus Lands Act (California Government Code §§ 54220 et seq.) (collectively, "Government Code Sections "); and iv. Satisfaction of other applicable laws and governmental requirements. (e) Title Insurance. Concurrently with recordation of the Grant Deed, Title Company shall issue to Commission a CLTA owner's policy of title insurance ( "Title Policy "), together with such endorsements as are reasonably requested by Commission, in the amount of the Purchase Price and insuring that title to the Property is vested in Commission. Escrow Holder shall provide Commission with a copy of the Title Policy. (f) Escrow Instructions. This Cooperation Agreement shall serve as joint escrow instructions. The parties may execute supplemental escrow instructions in furtherance of this Cooperation Agreement. 4. Effectiveness. City must satisfy the Government Code Sections before any portion of this Cooperation Agreement becomes fully effective, notwithstanding Council approval of this Cooperation Agreement, or City's and /or Commission's signature hereto. In addition, satisfaction of the Government Code Sections is a condition precedent to execution of the Grant Deed and Close of Escrow. The purchase and sale transaction contemplated under this Cooperation Agreement is categorically exempt from the California Environmental Quality Act, California Public Resources Code sections 21000 et. seq. ( "CEQA ") pursuant to CEQA guidelines section 15312 (Surplus Government Property Sales). 5. Commission and City Approvals and Actions. Whenever a reference is made herein to an action or approval to be undertaken by Commission, the Executive Director of Commission or his/her designee is authorized to act on behalf of Commission unless 1092030v1A 80078/0022 specifically provided otherwise or the context should require otherwise. Whenever a reference is made herein to an action or approval to be undertaken by the City, the City Manager of the City or his or her designee is authorized to act on behalf of the City unless specifically provided otherwise or the context should require otherwise. The City Manager and Executive Director shall have the authority to issue waivers and /or enter into amendments to this Cooperation Agreement on behalf of the City and Commission, respectively, City so long as such actions do not materially or substantially change the terms of this Cooperation Agreement and such waivers and /or amendments may include extensions of time to perform obligations hereunder. Any other material or substantive waivers of or amendments to this Cooperation Agreement shall require the consideration, action and written consent of the City and Commission. 6. Miscellaneous. This Cooperation Agreement is made and entered into in the State of California and shall be interpreted, construed and enforced in accordance with the laws of the State of California without reference to its choice of laws rules. If any provision of this Cooperation Agreement is declared invalid or is unenforceable for any reason, that provision shall be deleted from the document and shall not invalidate any other provision contained in the Cooperation Agreement. The word "including" shall be construed as if followed by the words "without limitation." This Cooperation Agreement shall be interpreted as though prepared jointly by both parties. Nothing contained herein nor any acts of the parties hereto shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture by the parties hereto or any relationship other than the relationship of City and Commission. Nothing herein is intended to create any third party benefit. Each individual or entity executing this Cooperation Agreement represents and warrants that he or she or it is duly authorized to execute and deliver this Cooperation Agreement on behalf of his, her, or its respective party and that such execution is binding upon such party. The recitals to this Cooperation Agreement and all exhibits attached to this Cooperation Agreement are hereby incorporated by reference as though fully restated herein. This Cooperation Agreement contains the entire and final agreement between the parties hereto, and contains all of the terms and conditions agreed upon, and no other agreements, oral or otherwise, regarding the subject matter hereof shall be deemed to exist or to bind the parties hereto, it being the intent of the parties that neither of them shall be bound by any terms, conditions, or representations not herein written. [Signatures follow on next page] 1092030v1A 80078/0022 4 IN WITNESS WHEREOF, Commission and City have executed this Cooperation Agreement as of the Effective Date. Dated: ATTEST: Commission Secretary APPROVED AS TO FORM: General Counsel Dated: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 1092030v1A 80078/0022 5 COMMISSION: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK, a public body corporate and politic By:_ Name: Title: [Signature must be notarized] CITY: THE CITY OF ROHNERT PARK, a California municipal corporation By: Nai Title: [Signature must be notarized] EXHIBIT A LEGAL DESCRIPTION OF PROPERTY DESCRIPTION: The land referred to herein is situated in the State of California, County of Sonoma, City of Rohnert Park, and is described as follows: PARCEL ONE: LOT 1, AS SHOWN UPON THE MAP OF ROHNERT PARK SUBDIVISION NO. 9, UNIT A, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SONOMA COUNTY, CALIFORNIA, ON JULY 13, 1966 IN BOOK 107 OF MAPS, PAGE 46. EXCEPTING THEREFROM THE NORTHERLY 109.36 FEET, FRONT AND REAR MEASUREMENTS. PARCEL TWO: A RIGHT OF WAY FOR PARKING AND LANDSCAPING PURPOSES OVER AND ACROSS THE FOLLOWING DESCRIBED LAND: ALL THAT REAL PROPERTY LYING WITHIN RANCHO COTATI, AND BEING A PORTION OF THE LANDS DESCRIBED IN THE DEED TO DAVID ROSENBERG AND OTHERS, DATED MARCH 3, 1967 AND RECORDED MARCH 7,1967 IN BOOK 2256 OF OFFICIAL RECORDS, PAGE 916, SERIAL NO. K- 29477, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF LOT 1 OF ROHNERT PARK SUBDIVISION NO. 9, ACCORDING TO THE MAP THEREOF FILED FOR RECORD ON JULY. 13,1966 IN BOOK 107 OF MAPS, PAGE 46, DISTANT SOUTH 0° 06' 24" EAST, 109.36 FEET FROM THE NORTHEAST CORNER OF LOT 1; THENCE CONTINUE ALONG THE EAST LINE OF LOT 1, SOUTH 00 06'24" EAST, 175.32 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1, AND A POINT. ON THE NORTHERLY LINE OF ARTHUR AVENUE: THENCE ALONG THE NORTHERLY LINE OF ARTHUR AVENUE, NORTH 890 53' 36" EAST, 20.00 FEET; THENCE NORTH 00 06' 24" WEST, 175.32 FEET; THENCE SOUTH 89° 53'36" WEST, 20.00 FEET TO THE POINT OF BEGINNING. APN: 1 143- 380 -015 Page 3 Order No.: 56201 - 62244550 -CEH EXHIBIT B APPRAISAL EXCERPTS the crockerocompany ronald jay crocker MAI, SRA April 18, 2007 Via Hand Delivery Cas Ellena Housing & Redevelopment Manager City of Rohnert Park 6750 Commerce Boulevard Rohnert Park, CA 94928 Re: 6750 Commerce Boulevard Rohnert Park, CA 94928 Dear Ms. Ellena: linda damell crocker JD Pursuant to the Agreement for Services last executed February 22, 2007, the crocker,company has completed an appraisal of the above- referenced real property, an existing administrative office building comprising approximately *7,450 square feet of gross and rentable building area situated on an approximately ±37,500 square foot site, in the east central section of the city of Rohnert Park in Sonoma County, California. The subject property is more fully described in the attached report. Based on the physical inspection of the subject property, which was conducted on March 5, 2007, and the subsequent research and analysis, the concluded opinion of market value of the fee simple interest in the subject under the indicated appraisal premises, subject to the assumptions and conditions of value herein, as of the valuation date of March 5, 2007, is as follows: Value As is ONE MILLION ONE HUNDRED THIRTY -FIVE THOUSAND DOLLARS ($1,135,000) Value As though Vacant NINE HUNDRED THIRTY -EIGHT THOUSAND DOLLARS ($938,000) The above Value as though Vacant is based on the hypothetical condition that the subject is vacant land with no improvements as of the effective valuation date, which it was not. The Client is aware of and understands that the concluded opinion of Value as though Vacant may be affected by use of this hypothetical. voice 707.538.7771 fax 707.538.7779 email realprop@thecrocker • com 4171 old vineyard lane Santa rosa ca 95404 -1330 www.thecrocker•com Cas Ellena Page 2 April 18, 2007 The attached Summary Appraisal Report was prepared in conformance with the appraisers' understanding of the requirements of the current Uniform Standards of Professional Appraisal Practice (USPAP) adopted by the Appraisal Standards Board of the Appraisal Foundation. Further, the opinions of value stated herein are subject to the Statement of Assumptions and Limiting Conditions and Certifications and the special Conditions of Value stated in the Property Summary and Conclusion of Value contained within this report. The attached appraisal report contains 74 pages plus a 30 -page Appendices. Should you have any further questions regarding the subject real property, please do not hesitate to contact us. Very truly yours, P", � (2 f)z - Ronald J. Croc r, MAI, SRA CA License Number AG008219 License Expiration: 12.08.08 RJUL.DC: at Attachment Linda Darnell Cr, cker, JD CA OREA License Number AG008275 License Expiration: 1.14.09 the crocker.company 6750 Commerce Boulevard Rohnert Park CA 94928 the crocker.company PROPERTY SUMMARY AND CONCLUSIONS OF VALUE CONDITIONS OF VALUE The concluded opinions of market value are conditioned upon the Statement of Assumptions and Limiting Conditions and Certifications, attached, and the following special conditions of value. ❑ The subject is appraised based on a site size of ±37,500 square feet, pursuant to information provided by the Sonoma County Assessor's Office. Should there be a material change in the subject's site size based on data available subsequent to the effective valuation date, the crocker.company expressly reserves the right to amend the concluded opinions of value ❑ The value indicator developed in the Cost Approach under the As Is appraisal premise is based on the hypothetical condition that the subject carries an Office Commercial orequivalent zoning in which office use is allowed as of right, in consonance with the general plan, and consistent with the theory of highest and best use for the subject as currently improved. ❑ The concluded opinion of market value under the As Is appraisal premise is predicated on the extraordinary assumption that the City of Rohnert Park has completed a minor lot line adjustment along the subject's northerly boundary in order to provide adequate ingress /egress to the subject site and to eliminate any potential building encroachments. ❑ An Environmental Site Assessment (ESA) was not provided for this assignment. The concluded opinions of market value are predicated on the extraordinary assumption that there exists neither on the subject property nor adjacent properties any known or unknown soils or groundwater contamination, chemical wastes, toxic molds, toxic wastes, or other hazardous building materials, or hazardous substance releases of any kind that would adversely impact the subject's utility and /or market value. ❑ Recent soils, hydrology, or geotechnical studies on the subject site were not provided for this assignment. The concluded opinions of value are predicated on the extraordinary assumption that the subject site is capable of development in compliance with the City of Rohnert Park land use documents, policies, and regulations; and, further, that there exist no jurisdictional wetlands, endangered species or biotic resources that would adversely impact the subject's utility and /or its market value. ❑ A building inspection report was not provided for this assignment. The concluded opinion of market value under the As Is appraisal premise is predicated on the extraordinary assumption that the subject improvements are structurally sound. ❑ The improvement sketch of the subject is provided as a visual representation of the building as configured as of the valuation date. The measurements are approximate and no warranty is made as to the precise building dimensions. This building sketch is intended solely for use by the client herein, is not to be relied upon by any other unintended users for any purpose. ❑ The concluded opinion of market value under the As though Vacant appraisal premise is predicated on the hypothetical condition that the subject is vacant land ready for development to its highest and best use under its current zoning, with existing structures removed or demolished in compliance with industry standards. 07- 719- 32/City of Rohnert ParklCtty Hall Property 4 EXHIBIT C GRANT DEED [following two pages] Recording Requested by and After Recordation Mail to: Community Development Commission of the City of Rohnert Park 6750 Commerce Boulevard Rohnert Park, CA 94928 -2486 Attention: Executive Director This document is exemptfrom the payment of a recording fee pursuant to Government Code § 27383, and exempt from transfer tax per Revenue & Transfer Code § 119221 For valuable consideration, the receipt of which is hereby acknowledged, the CITY OF ROHNERT PARK, a California municipal corporation hereby grants to the Community Development Commission of the City of Rohnert Park, a public body corporate and politic, the real property located in the City of Rohnert Park, California, described in Attachment No. 1 attached hereto. Dated: , 2008 CITY OF ROHNERT PARK, a California municipal corporation By: Print Name: Its: [Signature must be notarized] APPROVED AS TO FORM: City Attorney ATTACHMENT NO. 1 LEGAL DESCRIPTION OF PROPERTY DESCRIPTION: The land referred to herein is situated in the State of California, County of Sonoma, City of Rohnert Park, and is described as follows: PARCEL ONE: LOT 1, AS SHOWN UPON THE MAP OF ROHNERT PARK SUBDIVISION NO. 9, UNIT A, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SONOMA COUNTY, CALIFORNIA, ON JULY 13, 1966 IN BOOK 107 OF MAPS, PAGE 46. EXCEPTING THEREFROM THE NORTHERLY 109.36 FEET, FRONT AND REAR MEASUREMENTS. PARCEL TWO: A RIGHT OF WAY FOR PARKING AND LANDSCAPING PURPOSES OVER AND ACROSS THE FOLLOWING DESCRIBED LAND: ALL THAT REAL PROPERTY LYING WITHIN RANCHO COTATI, AND BEING A PORTION OF THE LANDS DESCRIBED IN THE DEED TO DAVID ROSENBERG AND OTHERS, DATED MARCH 3, 1967 AND RECORDED MARCH 7,1967 IN BOOK 2256 OF OFFICIAL RECORDS, PAGE 916, SERIAL NO. K- 29477, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF LOT 1 OF ROHNERT PARK SUBDIVISION NO. 9, ACCORDING TO THE MAP THEREOF FILED FOR RECORD ON JULY. 13,1966 IN BOOK 107 OF MAPS, PAGE 46, DISTANT SOUTH 0° 06' 24" EAST, 109.36 FEET FROM THE NORTHEAST CORNER OF LOT 1; THENCE CONTINUE ALONG THE EAST LINE OF LOT 1, SOUTH 00 06'24" EAST, 175.32 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1, AND A POINT ON THE NORTHERLY LINE OF ARTHUR AVENUE: THENCE ALONG THE NORTHERLY LINE OF ARTHUR AVENUE, NORTH 89° 53' 36" EAST, 20.00 FEET; THENCE NORTH 00 06' 24" WEST, 175.32 FEET; THENCE SOUTH 89° 53,36" WEST, 20.00 FEET TO THE POINT OF BEGINNING. APN: 143 - 380 -015 Page 3 Order No.: 56201 - 62244550 -CEH EXHIBIT D CERTIFICATE OF ACCEPTANCE ffollowing one page] CERTIFICATE OF ACCEPTANCE This is to certify that the fee interest in real property conveyed by Grant Deed dated , 2008, from the City of Rohnert Park, a California municipal corporation, as grantor, to the Community Development Commission of the City of Rohnert Park ( "Commission "), a public body corporate and politic, as grantee, is hereby accepted by the Executive Director pursuant to authority conferred by Resolution No. of the Commission Board adopted on , 2008, and the Commission, as grantee, consents to recordation of said Grant Deed. Date: .2008 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK, a public body corporate and politic By: Name: Title: [Signature must be notarized] Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2" a & 4`h Tuesdays of each month: Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via email for review and approval as to form DUE no later than NOON Three (3) Mondays prior to Council meeting date Agenda Items w /attachments via email and hard copy to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting date Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday morning One (1) week prior to Council meeting date Agenda Packets distributed to City Council and Agendas posted/distributed /mailed on Wednesday afternoon One (1) week prior to Council meeting date in compliance with Rohnert Park Municipal Code Section 2.08.050 {This section for City Clerk Use Only) RESO. NO. Council: X Miscellaneous Communications Agenda: 5113108 X 5/7/08 -TG Copy to: CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: May 13, 2008 Department: Administration Submitted By: Judy Hauff, City Clerk Submittal Date: May 5, 2008 Agenda Title: AGREEMENT WITH SONOMA COUNTY FOR CONDUCTING MUNICIPAL ELECTIONS Requested Council Action: Adopt resolution approving an Agreement for Election Services with the County of Sonoma. Summary: Government Code section 51301 provides that a city legislative body may contract with a county for the performance by its appropriate officers and employees, of city functions. The City of Rohnert Park contracts with the county for the provision of municipal election services, including: • Conducting, managing, and supervising all municipal elections held within the City during the term of the agreement pursuant to all applicable state and federal laws governing the conduct of municipal elections; • Procuring and furnishing all supplies and equipment to be used in said elections, including those supplies required to meet the federal Help America Vote Act (HAVA); • Performing all related services and functions necessary to the accomplishment of the agreement including any additional language requirements that may be imposed as a result of the federal Voting Rights Act during the term of this Agreement. The current contract was approved by the City Council on September 11, 2003, for a five -year term. Staff recommends that the City Council, by resolution, approve the attached Agreement for Election Services with the County of Sonoma for a four -year term. Enclosures: Resolution Agreement for Election Services CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney. C Y MANAGER'S RECOMMENDATION: Consent Item ( ) Regular Time Approval () Public Hearing Required ( ) Not Recommended O Submitted with Comment ( ) Policy Determination by C un it �. ( ) City Comments: City Manager's Signature: _ Date: LS >/7 /,� 4e r (Revised O1 507) H:TG- :05 -b RESOLUTION NO. 2008 -71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING AN AGREEMENT FOR ELECTION SERVICES WITH THE COUNTY OF SONOMA WHEREAS; Government Code section 51301 provides that a city legislative body may contract with a county for the performance by its appropriate officers and employees, of city functions; WHEREAS, the City of Rohnert Park ( "City ") contracts with the County of Sonoma ( "County ") for the provision of municipal election services; WHEREAS, the current contract for election services was approved by the City Council on September 11, 2003, for a five -year term to expire December 31, 2008; and WHEREAS, the City wishes to contract with the County for election services for a four - year term to expire December 31, 2012. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve an agreement by and between the County of Sonoma, a political subdivision of the State of California, and the City of Rohnert Park, a municipal corporation, for services related to conducting municipal elections. BE IT FURTHER RESOLVED that the City Manager 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 13th day of May, 2008. ATTEST: City Clerk CITY OF ROHNERT PARK Mayor AGREEMENT FOR ELECTION SERVICES THIS AGREEMENT is made and entered into on , 2008, by and between the COUNTY OF SONOMA, a political subdivision of the State of California, hereinafter referred to as the "County," and the CITY OF ROHNERT PARK, a municipal corporation, hereinafter referred to as the "City." The parties mutually agree as follows: This Agreement is made and entered into pursuant to Government Code Section 51300 et seq. and is subject to all the provisions thereof. 2. At the City's request, the County shall render the following services to the City: a. Conduct, manage, and supervise all municipal elections held within the City during this period pursuant to all applicable state and federal laws governing the conduct of municipal elections; b. Procure and furnish all supplies and equipment to be used in said elections, including those supplies required to meet the federal Help America Vote Act (HAVA); c. Perform all related services and functions necessary to the accomplishment of this Agreement including any additional language requirements that may be imposed as a result of the federal Voting Rights Act during the term of this Agreement. This Agreement shall be in effect once signed by both parties, and shall continue in force and effect until notice of termination is given or December 31, 2012, whichever occurs first. 4. For the purposes of conducting said elections, the Sonoma County Clerk and Registrar of Voters shall exercise such powers and duties conferred by law upon the clerk of the City with respect to elections, as agreed to by both parties. Such duties shall include, but not be limited to, those powers and duties set forth in Division 3, commencing with Section 3000; Division 10, Part 2, commencing with Section 10100, excluding the issuance and filing of nomination documents unless specifically agreed upon in writing by the Registrar of Voters and the City Clerk not less than 180 days prior to the date of the municipal election; Division 13, commencing with Section 13000; and Division 15, commencing with Section 15000, of the California Elections Code. 5. The County shall not be obligated to conduct any election, the procedures for the administration of which are not specified in state law; nor any election which employs any method of tabulation of votes other than a "one vote equals one vote" manner, including, but not limited to, those methods referred to as choice voting, cumulative voting, distributive voting, instant run -off voting, ranked choice voting, limited voting, or preferential voting. Adoption by the City of an alternative method of voting terminates this contract, unless both parties agree in writing to amend the Agreement to provide for administration of the alternative voting method . 6. Upon the completion of the official canvass of the votes cast, and upon proper demand by the County, the City shall forthwith reimburse the County for any and all expenses incurred by the County in connection with said election as follows: a. EQUIPMENT AND SUPPLIES: i. The County shall procure all equipment and supplies in the name of, and on behalf of, the City. ii. The amount, source and nature of said equipment and supplies will be determined in accordance with applicable laws. The County will have complete discretion in making determinations in procurement of equipment and supplies. iii. Expenses incurred by the County in the accomplishment of this Section 6 of the Agreement shall, at the option of the County, either be paid directly by the City upon confirmation by the County, or shall be paid to the County upon proper demand. b. POSTAGE: Postage shall, upon request of the County, either be prepaid by the City by warrant in the requested amount payable to the U.S. Postal Service or be paid to the County upon proper demand. c. POLLING PLACES AND ELECTION OFFICIALS: The City shall, upon proper demand, pay its pro -rata share of polling place expenses and compensation of election officials attributable to the conduct of such election, including the cost of insurance if necessary. d. COUNTY STAFF SERVICES AND SUPPLIES: The City shall pay its pro -rata share of expenses incurred by the County for staff services and use of County supplies. "Expenses" as used in this subsection shall include the cost or the reasonable value of the following: i. Time and effort expended by County officers and employees; ii. Equipment and supplies furnished by the County; iii. Any other necessary expenditures made by the County in the accomplishment of this Agreement. 7. The City shall provide suitable locations for polling places and /or the consolidation of returns and perform any other necessary functions, including the issuance of Vote by Mail ballots or establishment of Vote by Mail drop -off or early voting locations, if requested by the County. County employees assigned to duties in the performance of this Agreement shall remain at all times under supervision or control of the County. The City shall exercise no supervision or control of such employees. If questions arise on the part of the City as to performance, such questions shall be referred directly to the County Clerk and Registrar of Voters as the supervisor of such employees, and the determination or resolution of questions or problems shall be settled as mutually agreed upon by the parties to this Agreement. For purposes of workers' compensation insurance, it is intended that all persons performing services under this Agreement shall remain in the general service of the County, and that their services on behalf of the City shall be considered a special employment which shall not subject the City to liability under workers' compensation laws. However, it is understood that the County, in computing the cost of its services hereunder, may take into account its direct cost of providing workers' compensation insurance coverage for such employees in proportion to time spent in the performance of this Agreement. The County shall hold harmless, defend and indemnify the City from and against any liability, claims, actions, costs, damages or losses to any person, or damage to any property, arising out of the County's activities under this Agreement. The City shall hold harmless, defend and indemnify the County from and against any liability, claims, actions, costs, damages or losses to any person, or damage to any property, arising out of the City's activities under this Agreement. The County, in computing its costs of services under this Agreement, may take into account the direct cost of providing adequate liability insurance to cover operations under this Agreement. The parties understand that each party maintains insurance programs under workers' compensation laws and in protection of various other liability risks and exposures; each party shall continue to maintain such programs as a matter of its own discretion. In the event liability is imposed upon the parties to this Agreement under any circumstances in which the above provisions of this paragraph do not control, and if the liability is joint and several, the parties shall contribute equally to the settlement of any claim or judgment. The City shall not be obligated or liable for payment hereunder to any party other than the County. 9. Nothing contained in this Agreement shall relieve the City of the ultimate responsibility for canvassing the returns of any election held hereunder, nor shall the County be obligated in any case to defend or prosecute any action at law or equity arising out of any such election or contesting the validity of any such election. The City shall be responsible for defending any court action brought to challenge any election held pursuant to this Agreement. 10. It is expressly recognized that this Agreement transfers ministerial duties only. In the event that policy questions arise, such questions will be referred to the City for decision by the appropriate City officials. 11. For any fiscal year commencing after December 31, 2007, either the City or the County, at the time of its respective annual budget deliberations, may terminate this Agreement by giving the other party a 90 -day written notice of termination. In such event, the County will not be responsible for the conduct of elections occurring thereafter. If no such notice is given, this Agreement will be deemed to have been renewed for an additional term of one year. 12. Any notices regarding termination or amendment to the Agreement, or demand for payment, shall be in writing and either served personally or sent by prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other parry at the address set forth hereinbelow. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: Judy Hauff, City Clerk City of Rohnert Park 6750 Commerce Blvd. Rohnert Park, CA 94928 If to County: Janice Atkinson County Clerk - Registrar of Voters P.O. Box 11485 Santa Rosa,'CA 95406 -1485 13. This Agreement constitutes the complete and exclusive statement of the agreement between the County and the City and shall supersede any previous agreements, whether verbal or written, concerning the same subject matter. 14. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted. 15. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. 16. If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein. 17. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals. COUNTY OF SONOMA i (SEAL) MIKE KERNS, CHAIRMAN SONOMA COUNTY BOARD OF SUPERVISORS DATE 4 ATTEST: COUNTY CLERK & REGISTRAR OF VOTERS DATE CITY OF ROHNERT PARK mo i (SEAL) MAYOR DATE ATTEST: CITY CLERK Im DATE Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2 "d & 4th Tuesdays of each month: Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via email for review and approval as to form DUE no later than NOON Three (3) Mondays prior to Council meeting date Agenda Items w /attachments via email and hard copy to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting date Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday morning One (1) week prior to Council meeting date Agenda Packets distributed to City Council and Agendas posted /distributed /mailed on Wednesday afternoon One (1) week prior to Council meeting date in compliance with Rohnert Park Municipal Code Section 2.08.050 {This section for City Clerk Use Only) ITEM NO. 4 ORD. NO. 798 (INTRO.) Council: X Miscellaneous Communications Agenda: 5113108 X 5/7/08 -TG Copy to: CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: May 13, 2008 Department: Engineering Submitted By: Patrick Barnes, Deputy City Engineer Submittal Date: May 2, 2008 Agenda Title: GRADING ORDINANCE AMENDMENTS Requested Council Action: Introduce Ordinance Amending Chapter 15.50 Excavations, Grading and Fills of Title 15 Buildings and Construction of the Rohnert Park Municipal Code Summary: The Grading Ordinance being proposed will replace the City's reference in Section 15.50 of the Municipal Code that adopts the grading standards stipulated in the Uniform Building Code (UBC). The purpose of having a local ordinance rather than relying on the 2007 Edition of the California Building Standards Code (the current model code) is that the proposed grading ordinance language is designed to clarify the grading standards for mass grading activities related to subdivisions and new development. The California Building Standards Code is written to address grading related to buildings and structures. This ordinance will facilitate new development, particularly large subdivisions, by clarifying grading guidelines and standards. Having these standards will help streamline the development review process. The changes to the existing ordinance include additions from the 2007 California Building Standards Code, grammar and spelling corrections, and delegating additional authority to the City Engineer, Enclosures: Ordinance No. 798 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 egular Time A) Approval O Public Hearing Required ( ) Not Recommended O Submitted with Comment ( ) Policy Determination by ncil ( ) City Comments: City Manager's Signature: Date: �Slglok (Revised 01'0507) :TG- S :05 -b ORDINANCE NO. 798 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING CHAPTER 15.50, EXCAVATIONS, GRADING AND FILLS, OF TITLE 15, BUILDING AND CONSTRUCTION, OF THE ROHNERT PARK MUNICIPAL CODE The City Council of the City of Rohnert Park (City) does ordain as follows: SECTION 1. Chapter 15.50 Excavations, Grading and Fills of the Rohnert Park Municipal Code Title 15 Building and Construction is amended in full to read as follows: "Chapter 15.50 EXCAVATIONS GRADING AND FILLS Sections: 15.50.010 Purpose, scope and authority. 15.50.020 Definitions. 15.50.030 Permits required. 15.50.040 Application — Fees. 15.50.050 Application — Contents. 15.50.060 Issuance of permit — Prerequisites. 15.50.070 Bonds. 15.50.080 Permit duration and expiration. 15.50.090 Excavating, grading and filling Regulations. 15.50.100 Inspection. 15.50.110 Completion of work. 15.50.120 Enforcement — Stop work order and revocation of permit.. 15.50.130 Violation and penalties. 15.50.140 Appeal procedures. 15.50.010 Purpose, Scope and Authority A. Purpose. It is in the public interest, and it is necessary for the promotion and protection of the public safety, convenience, comfort, prosperity, general welfare and the protection of the city's natural resources, to establish minimum requirements for grading on public or private property in order to preserve and enhance the natural beauty of the land, streams and creek banks and; reduce or eliminate the hazards of earth slides, mud flows, rock falls, undue settlement, erosion, siltation and flooding. B. Scope. This section sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments; establishes the administrative procedures for issuance of permits; and provides for approval of plans and inspection of grading activities..Any grading activity, whether or not a permit is required, is subject to erosion and sediment control regulations as provided for in Chapter 15.52. C. Flood Hazards. The provisions of this chapter shall not apply to grading, excavation and earthwork construction, including fills and embankments, in floodways within flood hazard areas or in flood hazard areas where design flood elevations are specified but floodways have not been designated, unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed work will not result in any increase in the level of the base flood. D. Authority. The City Engineer, or his /her designee, has authority for administering and carrying out the provisions in this chapter. 15.50.020 Definitions For purposes of this chapter, the following terms shall be defined as follows: A. "As- graded" means the actual surface conditions present on completion of grading. B. "Bench" means a relatively level step excavated into earth material on which fill is to be placed, or within a cut or fill slope. C. "Borrow" means earth material acquired from an off -site location for use in grading on a site. D. "Certification" means a written engineering or geologist opinion concerning the progress and completion of the work. E. "Compaction" is the densification of earth material by mechanical means. F. "Contour rounding" means the rounding of cut and fill slopes in the horizontal plane to blend with existing contours or to provide horizontal variation, to eliminate the artificial appearance of slopes. G. "Cut ". See Excavation H. "Down Drain" is a device for collecting water from a swale or ditch located on or above a slope, and safely delivering it to an approved drainage facility "Drip line" means a line extending around a tree directly underneath the outermost branches of the tree. J. "Earth material" is any rock, natural soil or fill and /or any combination thereof. K. "Engineering geologist" means a professional engineering geologist registered by the state to practice in the field of engineering geology. L. "Erosion" means the wearing away of the ground surface as a result of the movement of wind, water, and /or ice. M. "Excavation" means the removal of earth material by artificial means. Excavation is also referred to as a "cut." N. "Fill" means a deposit of earth material placed by artificial means. 2 O. "Grade" means the vertical location of the ground surface. "Existing grade" is the grade prior to grading; "rough grade" is the stage at which the grade approximately conforms to the approved plan. P. "Grade, Finished ". The grade of the site at the conclusion of all grading efforts and which conforms to the approved plan. Q. "Grading" means any excavating or filling or combination thereof. R. "Grading Inspector" shall mean the City representative that is conducting the inspection of the on -site grading activities, as designated by the City Engineer. S. "Key" means the designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope. T. "Large -scale projects" means a grading project that affects 50 acres or more or 200 lots or more. U. " Permittee" is the person who is issued the permit. The permittee may also be the applicant but under all circumstances must either be the owner or an authorized representative of the owner of the property where the grading is being done. V. "Sensitive Area" refers to the limits of impervious area that will be located less than 200 feet away from a natural water quality resource including a wetland, stream, pond, spring or river. W. "Slope ". An inclined surface, the inclination of which is expressed as a ration of horizontal distance to vertical distance. X. " Geotechnical engineer" means a civil engineer experienced and knowledgeable in the practice of soil engineering, or geotechnical engineering. Y. "Terrace" means a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. Z. "Variable slope" means the variation in steepness of a cut or fill slope in a combination of the horizontal and vertical planes of the slope. 15.50.030 Permits required A. The exceptions outlined in this section shall not apply to grading within or immediately adjacent to natural drainage channels or courses. B. Exemption from the permit requirements of this section shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. C. No person shall do any grading without first having obtained a grading permit from the City Engineer except for the following: 3 An excavation for basements and footings of a building, swimming pool, or other structures authorized by a valid building permit. This subsection shall not exempt from permit requirements any excavation having an unsupported height greater than five feet after the completion of such structure; 2. The construction of retaining walls or other structures. This subsection shall not exempt from permit requirements any excavation having an unsupported height greater than five feet after the completion of such structure; 3. Cemetery graves; 4. Refuse disposal sites controlled by other regulations; Excavations for wells or underground storage tanks no greater than 10,000 gallons in size when work is being done under the authority of a valid County well permit or City Building Permit; 6. Excavation for utilities when performed by a public utility; 7. Stockpiling of dirt, rock, sand, gravel, aggregate or clay of 50 cubic yards or less . for a period of ten (10) days or less. 8. Exploratory excavations of 50 cubic yards or less under the direction of a geotechnical engineer or engineering geologist. 9. An excavation of 50 cubic yards or less which is less than two feet in depth, at any one given point, or; does not create a cut slope greater than four feet in height and steeper than two horizontal to one vertical and is not part of a phased grading operation. 10. A fill of 50 cubic yards or less which is less than two feet in depth and placed on a slope, flatter than five horizontal to one vertical, not intended to support structures, on a single lot or parcel, and does not obstruct a drainage course or alter the drainage of neighboring properties and is not part of a phased grading operation. 11. Work conducted in any city street, public right -of -way, or easement when the work is being done under the authority of a valid encroachment permit issued by the City. 15.50.040 Application — Fees A. Plan -check fees. Before accepting a set of plans and specifications for checking, a plan - check fee shall be collected. The Council shall, by resolution, establish plan -check fees. The Council may, from time to time, amend such fees by resolution. B. Grading permit fees. A grading permit fee shall be collected prior to issuance of a grading permit. The Council shall, by resolution, establish grading permit fees. The Council may, from time to time, amend such fees by resolution. The grading permit fee includes a grading inspection fee. in C. Additional work. The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. D. Any work which commences without the required permit is a violation of this chapter. 15.50.050 Application — Contents A. For subdivisions, applications for a grading permit shall be accompanied by plans 22 inches by 34 inches in size prepared at a scale of 1 inch = 40 feet or at another scale acceptable to the City Engineer. For grading that is not part of a subdivision, the City Engineer, at his /her discretion, may allow waivers or deviations from the requirements specified in this paragraph, depending on the site - specific conditions. Title page shall identify owner's name, owner's mailing address, owner's phone number, site address, assessor's parcel number, planning application number (if any), cubic yards of cut and cubic yards of fill; 2. A vicinity sketch showing roads, adjoining subdivisions and other data to adequately indicate the site location and show its relation to the community; Property lines of the property on which the work is to be performed. The widths, location and identity of all existing easements; 4. Location of any buildings, structures, drainage devices or public improvements within fifty feet of the proposed grading work. Date, north arrow, scale and accurate contours showing the topography of the existing ground of the proposed site and at least fifty feet beyond its boundary. Indicate source and date of existing contours. 6. Elevations, dimensions, location, extent and slopes of all proposed grading shown by contours and /or other means. Contours shall be shown at intervals of not greater than five feet, and of not greater than two feet if slope of land is less than ten percent. 7. Details of all surface and subsurface drainage devices, walls or other protective devices to be constructed in connection with, or as part of, the proposed work. A certificate stating the amount and location of any material to be imported from or exported to areas other than that shown on the plans. 9. Type, circumference and drip line of existing trees with a trunk diameter of six inches or more, measured twenty -four inches above existing grade. Any trees or vegetation proposed to be removed shall be so indicated. 10. Schedule of work. 11. Erosion control plan and other storm water regulations as provided for in Chapter 15.52. 5 B. All grading in excess of 5,000 cubic yards, grading for "large projects" or with cuts /fills greater than four feet or when directed by the City Engineer as he /she deems necessary due. to site conditions, shall be designated as "engineered grading." All other grading is designated "regular grading." In addition to meeting the requirements under Subsection A of this section, the application for engineered grading shall also contain the following: A map prepared by a civil engineer showing the location of all areas subject to storm water runoff to and from the site and adjacent areas. A complete hydraulic analysis including the location, width, direction and quantity of flow of each watercourse shall accompany the map; 2. A soils report prepared by registered soils engineer identifying: the nature and distribution of existing soils; conclusions and recommendations for grading procedures; soil design criteria for any structures or embankments required to accomplish the proposed grading; and, where necessary, slope stability studies, and recommendations and conclusions regarding site geology. 3. For sites with mapped maximum considered earthquake spectral response accelerations at short periods greater than 0.5g, a study of the liquefaction potential of the site shall be provided with recommendations incorporated in the plans. 4. A geologist report, prepared by an engineering geologist, including an adequate description of the geology of the site and conclusions and recommendations regarding the effect of geologic conditions on the proposed work. 5. A letter from a soils engineer or engineering geologist verifying that he /she has been employed by the applicant and agrees to provide inspection, furnish as -built grading plans and submit final approval statement in accordance with this chapter. 6. The erosion control plan shall be submitted to the City Engineer and shall include the placement of structural and non - structural storm water pollution prevention controls that prevent erosion during construction and post construction. Erosion control plans for large -scale projects or when directed by the City Engineer in Sensitive Areas shall be prepared by a certified erosion control specialist 15.50.060 Issuance of permit — Prerequisites A. No permit shall be issued until all of the required data has been submitted for the application, the City Engineer has approved the plans and other related documents, and all required fees have been paid. B. In the case of subdivisions, the grading permit may be issued, after grading plans are approved and all required grading bonds, grading permit fees, subdivision improvement agreement and deeds (if applicable) have been received, and after approval of the tentative map by the City Council. 10 15.50.070 Bonds A. Posting Required. A permit shall not be issued unless the permittee shall first post a bond executed by the permittee and a corporate surety authorized to do business in the state as a surety in an amount sufficient to cover the cost of the corrective work necessary to clean up and remove all debris, to eliminate all hazards or to return the land to its natural condition as much as is possible should the project be abandoned. This amount shall be based upon an engineer's cost estimate furnished by the applicant and approved by the City Engineer. The engineer's cost estimate of the grading work, including installation of erosion control measures, is acceptable as the bond amount, provided said estimate is approved by the City Engineer. In lieu of a surety bond, the applicant may file a cash bond, certificate of deposit, or instrument of credit in an amount equal to that which would be required in the surety bond. Every bond or other surety shall: Comply with all of the provisions of the applicable laws, ordinances and requirements of the City Attorney; 2. Comply with all terms and conditions of the permit for excavation or fill to the satisfaction of the City Engineer; and Include conditions that the permittee shall complete all of the work under the permit within the time limit specified in the permit. The City Engineer may, for sufficient cause, extend the time specified in the permit, but no such extension shall release the surety. B. Term. The term of each bond shall begin upon the date of issuance of the grading permit and shall remain in effect until released by the City Engineer upon acceptance of completed grading improvements. C. Failure to complete work. In the event of failure to complete the work and failure to comply. with all of the conditions and terms of the permit, the City Engineer may order the work required by the permit to be completed to his /her satisfaction. The surety executing such bond or deposit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the governing agency in causing any and all such required work to be done. If the work is not completed within the time period specified in Section 15.50.080, the permittee shall be deemed to have abandoned the project, and the City Engineer may, in his /her discretion, order the land to be returned, as much as possible to its natural condition, and the surety shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the governing agency in causing such restoration work to be done. In the case of cash deposit, said deposit, or any unused portion thereof, shall be refunded to the permittee in whatever amount is not necessary to complete the work described. 15.50.080 Permit duration and expiration If the work authorized by any permit under this chapter is not commenced within six months of the date of issuance, or as otherwise indicated on the permit, or if the work is not completed (including permittee's submission of final reports and drawings in accordance with Section 7 15.50.110) within one year of the date of issuance, or sooner if indicated on the permit, the permit shall expire and become null and void. 15.50.090 Excavating, grading and filling — Regulations A. The following regulations shall apply to all excavating, grading and filling activities: One copy of the approved plans and approved revisions thereof, the Storm Water Pollution Prevention Plan, and grading permit shall be kept on the site at all times during the progress of the grading and shall be made available during inspections. 2. All grading and noise there from, including but not limited to, warming of equipment motors, shall be limited to the hours stated in Chapter 14.30 Construction Hours Limited. All graded surfaces and materials, whether filled, excavated, transported or stockpiled, shall be wetted, protected, covered or contained in such a manner as to prevent any nuisance from dust, sediment site runoff, or spillage onto adjoining property or streets. Best management practices in accordance with Chapter 15.52 Erosion and Sediment Control shall be incorporated in the grading activities. 4. The faces of cut and fill slopes shall be prepared and maintained to control erosion. Erosion control for slopes shall be installed as soon as possible and prior to calling for final inspection. No grading shall be conducted so as to encroach upon or alter the established gradient and riparian habitat of natural drainage courses except when a valid permit and other necessary approvals are obtained from the appropriate state and federal authorities and the necessary environmental review and approvals are received. 6. Whenever any portion of the work requires entry onto adjacent property for any reason, the permittee or applicant shall obtain a right of entry from the adjacent property owner in a form acceptable to the City Attorney. 7. Grading shall be designed so that lot lines are at the top of slope and with adequate property line setback from the slope to provide for required vertical slope rounding. The tops and toes of cut lines and structures shall be designed to be as far as necessary to provide for safety of adjacent property, safety of pedestrians, and vehicular traffic, required slope rounding adequate foundation support, required swales, berms and drainage facilities and applicable zoning requirements. Except for pier -type foundations or other special foundation design, setback from property lines shall be not less than shown in Figure J108.1, of the California Building Standards Code. Cut and fill slopes shall be set back from the property lines in accordance with this subsection. Setback dimensions shall be measured perpendicular to the property line and shall be as shown in Figure J108.1, of the California Building Standards Code unless substantiating data is submitted justifying reduced setbacks. The setback at the top of a cut slope shall not be less than that shown in 8 Figure J108.1, or less than is required to accommodate any required interceptor drains, whichever is greater. Where required to protect adjacent properties at the toe of a slope from adverse effects of the grading; additional protection, approved by the City Engineer, shall be included. Such protection may include but shall not be limited to: a. Setbacks greater that those required by figure J108.1; b. Provisions for retaining walls or similar construction; C. Erosion protection of the fill slopes; and, d. Provisions for the control of surface waters. 9. The permittee and the grading contractor shall be responsible for the protection of adjacent properties during grading operations. Prior to commencing any grading of the site, the exterior boundaries shall be marked as required by the Grading Inspector. Boundary markers shall be maintained throughout the grading operation. Temporary barriers and /or protective fencing shall be used when necessary to protect adjacent properties. 10. Proper soil stabilization is required for all graded areas. Slopes, both cut and fill, shall be provided with subsurface drainage as necessary for stability. 11. Slopes, both cut and fill, shall be no steeper then is safe for the intended use, and shall be no steeper than two horizontal to one vertical (2:1), unless special circumstances applicable to the property, including size, shape, topography, location or surroundings would cause the strict application of the standard to deprive such property of reasonable use. If these conditions are met, a thorough geological and engineering analysis shall verify that steeper slopes are safe and appropriate erosion control measures are specified. 12. A cut surface may be at a slope of 1.5 horizontal to 1 vertical (67 percent) provided that all the following are met: a. It is not intended to support structures or surcharges. b. It is adequately protected against erosion. It is not more than 8 feet in height. d. It is approved by the City Engineer. 13. Cut and fill slopes shall be contour - rounded unless the City Engineer finds special circumstances applicable to the property that would require deviation from this requirement. E 14. Variable slopes shall be used to mitigate environmental and visual impacts of grading unless the City Engineer finds special circumstances applicable to the property that would require deviation from this requirement. 15. Unless otherwise recommended by a registered design professional, drainage facilities and terracing shall be provided, except that terracing need not be provided where the ground slope is not steeper than 3 horizontal to 1 vertical (33 percent) 16. Terraces at least six feet in width shall be established at not more than thirty -foot vertical intervals, subject to maximum height limitations, to control surface drainage and debris on cut or fill slopes. Suitable access shall be provided to permit proper cleaning and maintenance. 17. Where more than two terraces are required, one terrace located at approximately mid - height, shall be at least 12 feet in width. 18. Swales or ditches shall be provided on terraces. They shall meet the following requirements: have a minimum gradient of 20 horizontal to 1 vertical (5 percent); be made with materials suitable to the application; and, have a minimum width of 5 feet. 19. All drainage facilities shall be designed to carry waters to the nearest practical drainage way approved by the City, the Sonoma County Water Agency and other appropriate jurisdiction as a safe place to deposit such waters. If drainage facilities discharge on natural ground, riprap and /or energy dissipaters shall be constructed. 20. Drainage across property lines shall not exceed the drainage which existed prior to grading. Excess or concentrated drainage shall be contained on site or directed to an approved drainage facility. Erosion of the ground in the area of discharge shall be prevented by installation of nonerosive down drains or other devices. 21. A single run of swale or ditch shall not collect runoff from a tributary area exceeding 13,500 square feet (projected) with discharging into down drain. 22. Interceptor Drains shall be installed along the top of cut slopes receiving drainage from a tributary width greater that 40 feet measured horizontally. They shall have a minimum depth of 1 foot and a minimum width of 3 feet. The slope shall be approved by the City Engineer, but shall not be less than 50 horizontal to 1 vertical (2 percent). The drain shall be lined with concrete materials suitable to the application. Discharge from the drain shall be accomplished in a manner to prevent erosion and shall be approved by the City Engineer. 23. All building sites shall be graded and sloped away from the building foundation with a minimum slope of two percent for a distance of ten feet on all sides of every building except where yard requirements are less than twenty feet, in which case the soil shall be graded away from the foundation to a minimum of two - tenths of a foot in elevation at a distance not less than one -half the required yard 10 width; or if the lot size and site conditions are such that this requirement can not be met, the City Engineer may allow a minimum slope of two percent away from the building for a distance of four feet. Lot surface drainage shall be directed toward approved drainage facilities at a minimum gradient of one -half percent and shall not cross property lines without the appropriate drainage facilities and /or easement. 24. No cut or fill may intrude closer than the drip line of any tree to be retained on the site. B. Unless otherwise recommended in the approved soils report, fills shall conform to the following provisions: The ground surface shall be prepared to receive fill by removing vegetation, non- complying fill, topsoil and other unsuitable materials, then scarifying surface to provide a bond with new fill. 2. Fill on slopes steeper than 5:1 and higher than 5 feet shall require benching into sound bedrock or other competent material as determined by the soils engineer. Bench shall be a minimum width of 10 feet and 2 feet in depth. The area beyond the top of fill shall be sloped for sheet overflow or an approved drainage facility provided. 3. When fill is placed over a cut, the bench under the top of fill shall be at least 10 feet wide and the cut shall be made before placement of the fill and acceptance by the soils engineer or engineering geologist as a suitable foundation for fill. 4. Detrimental amounts of organic material shall not be permitted in fills. No rocks or similar irreducible material with a minimum dimension greater than 12 inches shall be buried or placed in fills. The City Engineer may permit placement of larger rock only upon receipt and approval of a method of placement prepared by a soils engineer and under his/her direction. The following conditions shall.also apply: e. Rock disposal areas shall be delineated on grading plan. f. Rock sizes greater than 12 inches in maximum dimension shall be 10 feet or more below finished grade, measured vertically. g. Rocks shall be placed so as to assure filling of all voids with fines. All fills shall be compacted to a minimum 90 percent of maximum density as determined by ASTM D 1557, Modified Proctor, in lifts not exceeding 12 inches in depth. In place density shall be to the satisfaction of the City Engineer. 15.50.100 Inspection A. General. All grading operations for which a permit is required shall be subject to inspection by the Grading Inspector. Special inspection of grading operations and special testing shall also be performed in accordance with the provisions of Subsection C of this 11 section. The permittee shall notify the Grading Inspector at least 48 hours prior to the start of construction. B. Engineered Grading designation. The City Engineer may have cause to believe that hydraulic, geologic or other factors require engineered grading for grading that is less than the amounts defined for engineered grading in Subsection 15.50.04013 and shall, at his /her sole discretion, so designate the grading work as engineered grading. C. Engineered grading requirements. 1. For engineered grading it shall be the responsibility of the civil engineer who prepares the approved grading plan to incorporate all recommendations from the geotechnical engineering and engineering geology reports into the grading plan. He /she shall also be responsible for the professional inspection and approval of the grading within his /her area of technical specialty. The civil engineer shall act as the coordinating agent in the event the need arises for liaison between the other professionals, the contractor, the City Engineer, and the Grading Inspector. The civil engineer shall also be responsible for the preparation of revised plans and the submission of as -built grading plans upon completion of the work. 2. Geotechnical engineering and engineering geology reports shall be required in accordance with Section 15.50.050. During grading, all necessary reports, compaction data and geotechnical engineering and engineering geology recommendations shall be submitted to the civil engineer and the Grading Inspector by the geotechnical engineer and the engineering geologist. The geotechnical engineer's area of responsibility shall include, but need not be limited to, professional inspection and approval concerning the preparation of ground to receive fills, testing for required compaction, stability of all finish slopes and the design of buttress fills, where required, incorporating data supplied by the engineering geologist. 4. The engineering geologist's area of responsibility shall include, but need not be limited to, professional inspection and approval of the adequacy of natural ground for receiving fills and the stability of cut slopes with respect to geological matters, and the need for subdrains or other groundwater drainage devices. He /she shall report findings to the geotechnical engineer and the civil engineer for engineering analysis. The Grading Inspector shall inspect the project at the various stages of the work requiring approvals and at more frequent intervals necessary to determine that adequate control is being exercised by the professional consultants. D. Regular grading requirements. The City Engineer, at his /her discretion, may require inspection and testing by an approved testing agency at the permittee's expense. 12 2. The testing agency's responsibility shall include, but need not be limited to, certification concerning the inspection of cleared areas and benches to receive fill, and the compaction of fills. E. Notification of noncompliance. If, in the course of fulfilling their responsibility under this section, the civil engineer, the geotechnical engineer, the engineering geologist or the testing agency finds that the work is not being done in conformance with this section or the approved grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and the Grading Inspector. Recommendations for corrective measures, if necessary, shall be submitted. F. Transfer of responsibility. If the civil engineer, the geotechnical engineer, the engineering geologist, or the testing agency of record is changed during the course of the work, the work shall be stopped until the replacement has agreed to accept the responsibility within the area of their technical competence for approval upon completion of the work. 15.50.110 Completion of work A. Final reports. Upon completion of the rough grading work and at the final completion of the work, the permittee shall submit the following reports and drawings and supplements thereto to the City Engineer no later than the expiration of the permit in accordance with Section 15.50.80 (unless permittee is granted an extension by the City Engineer, in his or her sole discretion, to submit such final reports): As -built grading plan, including original ground surface elevations, as- graded ground surface elevations, lot drainage patterns and locations and elevations of all surface and subsurface drainage facilities. 2. The grading contractor shall submit a statement that his work was in conformance to said as -built grading plan. B. For engineered grading, in addition to meeting the requirements in subsection A of this section, the following shall also be required: 1. The geotechnical engineer shall submit a statement certifying that, to the best of his /her knowledge, the work within his /her area of responsibility is in accordance with the approved geotechnical engineering report. 2. The civil engineer shall submit a statement certifying that, to the best of his /her knowledge, the work within his /her area of responsibility was done in accordance with the approved grading plan. 3. A final soils grading report prepared by the geotechnical engineer including locations and elevations of field density tests, summaries of field and laboratory tests and other substantiating data and comments on any changes, made during grading, and their effect on the recommendations made in the geotechnical engineering investigation report. 4. If requested by the City Engineer, a final geologic grading report prepared by the engineering geologist including a final description of the geology of the site, 13 including any new information disclosed during the grading and the effect of that geology on recommendations incorporated in the approved grading plan. 15.50.120 Enforcement - Stop work order and revocation of permit In the event that any person doing work related to the approved plans pursuant to this chapter violates the terms of the approved plans or performs the work in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or the site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the City Engineer may order the construction stopped by notice in writing, or may suspend or revoke the grading permit. 15.50.130 Violation and penalties No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill or cause the same to be done, contrary to, or in violation of, any terms of this ordinance. Any person violating any of the provisions of this ordinance shall be deemed guilty of an infraction and each day during which any violation of any of the provisions of this ordinance is committed, continued, or permitted, shall constitute a separate offense. In addition, any person, partnership, or corporation convicted of violating any of the provisions of this chapter shall be required to bear the expense of such restoration. 15.50.140 Appeal procedures Any person under this chapter who may be dissatisfied with the action of the City Engineer, Planning Director, Building Official or Grading Inspector on the application or permit may, within five days after such action is taken, file an appeal with the City Manager by giving written notice of such appeal to the City Clerk. A Stop Work Order shall be effective upon issuance, and shall continue in effect during the pendency of any appeal. The appeal shall state the name and address of the appellant, the nature of the determination being appealed, the reason the appellant believes the determination is incorrect, and what the correct determination of the appeal should be. Failure to file such a statement within the time or in the manner required waives the appellant's objections, and the appeal shall be dismissed. Unless the appellant and City agree to a longer time period, the appeal shall be heard by the City Manager within 30 days of receipt of the notice of appeal. At least ten days prior to the hearing, the City shall mail notice of the time and place of the hearing to the appellant. The City Manager shall hear and determine the appeal on the basis of the appellant's written statement and any additional evidence deemed appropriate. The appellant may present testimony and oral argument at the hearing either personally or by counsel. The City Manager shall issue a written decision within 10 days of the date of the hearing. The decision of the City Manager is final. SECTION 2. Environmental 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 amendments would not impact the environment, and therefore staff has determined that the amendments are exempt from CEQA review. 14 SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause or phrase hereof not declared invalid or unconstitutional without regard to any such decision or preemptive legislation. SECTION 4. Effective Date and Publication. This ordinance shall be in full force and effect 30 days after the second reading. Pursuant to California Government Code Section 36933, before the expiration of fifteen (15) days after its passage, this ordinance, or a summary thereof, shall be published at least once in a newspaper of general circulation, published and circulated in the City of Rohnert Park, along with the names of the members of the City Council voting for and against its passage. This ordinance was introduced on the 13th day of May, 2008 and DULY AND REGULARLY ADOPTED this day of , 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF ROHNERT PARK City Clerk Mayor APPROVED AS TO FORM: az� ""t� 1 rz�� 4551 y Attorney 15 ASSOCIATION OF BAY AREA GOVERNMENTS Representing City and County Governments of the San Francisco Bay Area FEB 2 8 2008 CITY OF ROHNERT PARK GENERAL ASSEMBLY BUSINESS MEETING 12:15 P.M., Thursday, April 24, 2008 Palace Hotel (Formerly Sheraton Palace) 2 New Montgomery Street San Francisco, California 1. CALL TO ORDER 2. CONFIRMATION OF QUORUM 3. PUBLIC COMMENT 4. APPROVAL OF SUMMARY MINUTES ** Aprill9, 2007, General Assembly Business Meeting 5. PRESIDENT'S REPORT Council: X Miscellaneous__ Communications Agenda: 5113108 X I sores -TG - -C- -off to: -- - A G E N D A Status Action 6. PRESENTATION ON ABAG STRATEGIC PLAN Information 7. PROPOSED ANNUAL BUDGET AND WORK PLAN ** Fiscal Year 2008 -2009 Including Member Dues Action 8. ANNOUNCEMENTS 9. ADJOURNMENT H r ry L. G , rdn r, Secretary- Treasurer * *Attachment included. Mailing Address: P.O. Box 2050 Oakland, California 94604 -2050 (510) 464 -7900 Fax: (510) 464 -7970 info @abag.ca.gov Location: Joseph P. Bort MetroCenter 101 Eighth Street Oakland, California 94607 -4756 ABAG II. ROHNERT PARK CITY COUNCIL WATER ISSUES SUB - COMMITTEE MEETING AGENDA CT REVISED Wednesday, April 30, 2008 Noon Rohnert Park Administrative Offices 6750 Commerce Boulevard Committee Members: Jake Mackenzie, Mayor Pam Stafford, Vice Mayor City Staff: Dan Schwarz, Assistant City Manager Darr in Jenkins, Director of Public Works / City Engineer Eydie Tacata, Management Analyst Michelle Kenyon, City Attorney / Ben Winig, Assistant City Attorney 12:00 noon REGULAR SESSION — Open to Public Call to Order 1. Public Comments, if any 2. Sonoma County Water Agency Update 3. Water Advisory Committee Report 4. Technical Advisory Committee Report 5. Sonoma/Marin Saving Water Partnership MOU 6. Water Conservation Measures 7. Water Rates 8. Flood Discussion 9. Sewer Lateral Grant Program 10. Rohnert Park Staff Update 11. Additional Comments, if any 12. 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. 1 rluncil: iscellaneous _ Communications HX Agenda: 5113108 5 17108 -TG Co to: Committee Members: Jake Mackenzie, Mayor Pam Stafford, Vice Mayor City Staff: Dan Schwarz, Assistant City Manager Darr in Jenkins, Director of Public Works / City Engineer Eydie Tacata, Management Analyst Michelle Kenyon, City Attorney / Ben Winig, Assistant City Attorney 12:00 noon REGULAR SESSION — Open to Public Call to Order 1. Public Comments, if any 2. Sonoma County Water Agency Update 3. Water Advisory Committee Report 4. Technical Advisory Committee Report 5. Sonoma/Marin Saving Water Partnership MOU 6. Water Conservation Measures 7. Water Rates 8. Flood Discussion 9. Sewer Lateral Grant Program 10. Rohnert Park Staff Update 11. Additional Comments, if any 12. 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. ROHNERT PARK CITY COUNCIL CREEK MASTER PLAN SUB - COMMITTEE MEETING AGENDA Council: _ X Miscellaneous Communications Agenda: 5113108 X 5 / ?i08 -TG Cc to: Wednesday, April 30, 2008,1:00 — 3:00 p.m. Rohnert Park Administrative Offices 6750 Commerce Boulevard, Rohnert Park, CA Committee- Jake Mackenzie, Mayor, City of Rohnert Park Pam Stafford, Council Member, City of Rohnert Park David Armstrong, Planning Commissioner, City of Rohnert Park Jerry Griffin, Parks & Recreation Commissioner, City of Rohnert Park Misti Harris, Assistant Planner, City of Cotati (representing Geoff Fox, Council Member, and Dianne Thompson, City Manager, City of Cotati) Michael Thompson, Deputy Chief Engineer, Sonoma County Water Agency Craig Dawson, Director of Environmental Health & Safety, Sonoma State University Joe Honton, Restoration and Management Plan Project Manager, Laguna de Santa Rosa Foundation Stakeholder Participants: Wade Belew (Cotati Creek Critters), Jenny Blaker (Cotati Creek Critters), Kara Heckert (Sotoyome RCD), Julie Bright (Sonoma State University) City Staff. Eydie Tacata, Management Analyst 1:00 P.M. REGULAR SESSION — Open to Public Call to Order L Introductions 2. Goal- Shaping Session Results: Review • Go through issue areas and discuss draft goals and objectives • Any there issues which seem to be "missing "? 3. Next steps 4. Announcements / comments from the Subcommittee members 5. Public Comments, if any 6. Adjournment Council: --i X T ---i Sonoma County Transportation Authority Wants Your Help in Improving Mobility Comprehensive Transportation Plan Update Public Workshops Every four years the Sonoma County Transportation Authority prepares an update of its Comprehensive Transportation Plan (CTP). The CTP states the vision, goals and objectives for maintaining and improving Sonoma County's streets, highways, transit systems and bicycle /pedestrian pathways. An important component of the CTP Update process is the upcoming series of public workshops. The purpose of these workshops is to educate the community about SCTA's efforts to improve mobility in Sonoma County, to share the results of current planning activities, and discuss specific issues and potential solutions for improving mobility and quality of life in Sonoma County. SCTA wants your input about: • How to address traffic congestion • How to best reduce green house gas emissions and to protect our environment • How to reduce the number of single driver cars and increase transit ridership • How to fund new transit alternatives such as the SMART train • How to improve the quality of existing road and highways • How to secure and maintain funding in the face of shrinking local government resources Get Involved - Attend a Public Workshop Near You! 6:30 PM Tuesday, April 15 Santa Rosa Veterans Memorial Auditorium 1351 Maple Ave, Santa Rosa 6:30 PM Thursday, April 17 Petaluma Community Center 320 N. McDowell Blvd., Petaluma 6:30 PM Monday, April 21 Windsor Public Library Community Room 9291 Old Redwood Hwy., Windsor 6:30 PM Tuesday, April 22 Sonoma Community Center Room 110 276 East Napa Street, Sonoma 6:30 PM Wednesday, April 23 Sebastopol Veterans Memorial Conf. Room 282 High Street Sebastopol 6 :30 PM Wednesday, April 30 Rohnert Park Public Library Community Room 6250 Lynne Conde Way, Rohnert Park For more information, to be added to the CTP Update e- newsletter list or to make accessibility arrangements call Matt Stevens at 707 - 570 -0100. Para hacer arreglos en espanol flame a Matt Stevens al 707 -570 -0100. Council: X Miscellaneous Communications Agenda: 5/13108 X 5m08-rc Copy to: ROHNERT PARK GENERAL PLAN UPDATE STEERING COMMITTEE AGENDA Thursday, May 1, 2008 2:00 to 4:00 P.M. Spreckels Performing Arts Center- Events Room 5409 Snyder Lane, Rohnert Park, CA 94928 CALL MEETING TO ORDER • Roll Call: ❑ Chairperson Mackenzie ❑ Ahanotu ❑Kilat ❑ Vidak- Martinez • Approval of Minutes — April 3, 2008 • Acknowledgment of Planning staffs report on the posting of the meeting's agenda. Agenda has been posted in three public places: Community Center, Public Safety Building and City Hall. Item #1 1 Housing Element Item #2 1 Other Matters Item #3 I Public Comment Adjournment Disabled Accommodation: If you have a disability which requires an interpreter or other person to assist you while attending this Steering Committee Meeting, please contact the City Offices at (707) 588 -2236 at least 72 hours prior to the meeting to insure arrangements for accommodation by the City. Please make sure the Planning Division is notified as soon as possible if you have a visual impairment that requires the meeting materials be produced in another format (Braille, audio -tapg, etc.). Council: X Miscellaneous Communications Agenda: 5113/08 X 5/7/08 -TG Copy to: A volunteer check -in and kick -off breakfast meeting will be held between 7:30 and 5:00 a.m. in the parking lot of 49 -Niner Pets, 375 Southwest Blvd. Rohnert Park. Please wear work clothes and, if you have them, bring hand tools or gardening tools (pruning shears, hand trowels, rakes, shovels, etc.) EWS - \ N the Building space to share faith. Council: X Miscellaneous Communications Agenda: 5/13108 X 5/7/08 -TG Copy to: RECEIVED APR 1 7 2008 CITY OF ROHNERT PARK A WELUUME CENTER DEDICATION AT CROSS & CROWN On Sunday, April 27, 2008 Cross and Crown Lutheran Church will dedicate it's newly completed Welcome Center. The dedication service will begin at 4:00 p.m. in the church sanctuary at 5475 Snyder Lane in Rohnert Park and will move to the newly completed Welcome Center directly after for a reception of food and fellowship. It is our honor to welcome all local community members to join us as we celebrate this joyous occasion. In the sultry evening of a warm spring day let us gather together to worship, sing praises, and enjoy great fellowship. Join us in dedicating our magnificent, new Cross and Crown Welcome Center! It has been only 37 weeks since groundbreaking which occurred on Saturday, August 11, 2007. 37 weeks seems an appropriate amount of time to give birth to a new phase of the Envision the Future capital campaign; the dedication of the Cross and Crown Lutheran Church magnificent new welcome center and a welcoming ministry infused with the passion and excitement of every member of our congregation! Cross and Crown Lutheran Church would like to thank the blessed support and assistance of each congregation member and the many friends and benefactors who through their guidance, financial support, physical labor, and prayers; have helped us succeed in the ambitious undertaking of this beautiful new building. Come one and all to help us fill this glorious new space with the songs of our hearts and the joys of our souls. Everyone is welcome in our Father's house! For more information about this event or Cross and Crown Lutheran Church please contact Deborah Muchmore at 707 - 486 -2361 or the Cross and Crown Office at office @crossandcrownrp.org. "Faith is the assurance of things hoped for, Council: X Miscellaneous Communications Agenda: 5113108 X 5/7 /08 -TG Copy to: Please reserve your space by completing the form below and returning via fax: (707) 585 -6155 or email: robinb @calparents.org Name/Title: TM SMi Agency: C I T Y o�- -PP k t< Phone: 70 i- S eY- - R a a Email: -5 C r p C. t ❑ I am enclosing my donation of- ❑ Please charge my Visa /Mastercard. Card # Expires: We work to treat andprevent chiCd abuse by nurturing and advocating for the health of affchifdren, parents andfamifies. OEAIF RR.JNI l�iCITIES NORTH BAY DIVISION MEMBER CITIES MARIN COUNTY BELVEDERE CORTE MADERA FAIRFAx LARKSPUR MILL VALLEY NGVATO Ross SAN ANSELMO SAN RAFAEL SAUSALITO TIBURON NAPA COUNTY AMERICAN CANYON CALISTOGA NAPA ST. HELENA YOUNTVILLE SOLANO COUNTY BENICIA DLxoN FAIRFIELD RIO VISTA SUISUN CITY VACAVILLE VALLEJO SONOMA COUNTY COTATI HEALDSBURG PETALUMA ROHNERT PARK SANTA ROSA SEBASTOPOL SONOMA WINDSOR DIVISION OFFICERS PRESIDENT JACK GINGLES MAYOR- CALISTOGA FIRST VICE PRESIDENT SHAWN MARSHALL MAYOR - MILL VALLEY NORTH BAY DIVISION GENERAL MEMBERSHIP MEETING Hosted by the Town of Yountville Wednesday, April 30, 2008 u . Napa Valley Grille w 6795 Washington Street, Yountville With a Special Presentation by: JIM MADAFFER President, League of California Cities Ulu Council Member City of San Diego Welcome Reception 6:00 pm Dinner 7:00 pm Program 7:30 pm SECOND VICE PRESIDENT STANLEY COHEN COUNCIL MEMBER- SONOMA PAST PRESIDENT LEN AUGUSTINE MAYOR- VACAVILLE LEAGUE DIRECTOR MICHAEL SEGALA COUNCIL MEMBER - SUISUN CITY LEAGUE STAFF AMY O'GORMAN REGIONAL PUBLIC AFFAIRS MANAGER MARY CREASEY PUBLIC AFFAIRS ANALYST Carneros Dinner Menu — First Course House Made Seasonal Soup fresh garnish Fresh Baked Focaccia and Sliced Baguette extra virgin olive oil, balsamic vinegar Entrees (Please select one) Grilled Trout haricot verts, sliced lemons, crispy potato cake, brown butter vinaigrette Five Dot Ranch Flat Iron Chefs Set Vegetarian option available upon request Dessert Three Petite Creations warm valhrona chocolate cake gingerbread pudding seasonal fruit galette Wine, Gourmet Coffee or Hot Tea $50 per person Please RSVP by Friday, April 25th to: Su Sneddon, City of Calistoga (707) 942 -2807/ ssneddon(&ci.calistoga.ca.us Checks payable to North Bay Division, LOCC C /O: Su Sneddon, City of Calistoga, 1232 Washington Street Calistoga, CA 94515 Questions? Please contact Amy O'Gorman, (707) 291 -3270 / ao og rman@cacities.org or Mary Creasey (916) 658 -8243/ mcreasey@cacities.org Sonoma County Housing Coalition Council: X Accountable Development Coalition Miscellaneous BuckelewPrograms Burbank Housing at Flamingo Hotel, Santa Rosa Communications Monday May 12, 7 :30 a.m. - 10:00 a.m., Santa Rosa, Community Housing Sonoma County Agenda: 5/13/08 X 517/08 -TG Copy to: .. NIMBYism, who will provide practical strategies for building community May 11 th to May 17th, 2008 .3 Affordable Housing Week ®IE0111 DON'T MISS! Accountable Development Coalition Annual Leadership Breakfast BuckelewPrograms Burbank Housing at Flamingo Hotel, Santa Rosa Committee on The Shelterless Monday May 12, 7 :30 a.m. - 10:00 a.m., Santa Rosa, Community Housing Sonoma County $35 per person, Elected Officials and one city /county staff may attend at no charge. EAH Housing Inc, Habitat for Humanity Housing Land Trust Please RSVP to kathygoodacreCsbcglobaLnet Affordable Housing Week .. NIMBYism, who will provide practical strategies for building community May 11 th to May 17th, 2008 With two featured speakers: Santa Rosa Memorial Hospital Lynn Jacobs, Director of CA Department of Housing % Community SPONSORS Development, who is leading the statewide effort to establish a "Permanent The North Bay Business Journal Press Democrat Celebrate Community Source" of revenue for California's housing trust fund. Exchange Bank (See full bio below) First Community Bank and Luther Burbank Savings Eric Sten, Portland City Commissioner and newly appointed Fellow North Bay Association of Realtors for the national, non - profit affordable housing organization, Living NVB Business Bank Cities. Mr. Sten wilt share the innovative practices and programs Sonoma Bank Summit State Bank f for affordable housing that are working in Portland and what they learned along the way. (See full bio below) PARTNERS Accountable Development Coalition Special Workshop, Winning Community and Political Acceptance BuckelewPrograms Burbank Housing Monday, May 12at 10:15 a.m., (No charge. Please RSVP to Committee on The Shelterless kathygoodacre@sbeglobal.net) Community Housing Sonoma County led b y EAH Housing Inc, Habitat for Humanity Housing Land Trust P Debra Stein, President of GCA Strategies and author of several books on f �y - .. NIMBYism, who will provide practical strategies for building community Northbay Family Homes Oakmont Senior Living xa,� support for controversial land use projects and how to translate public Santa Rosa Memorial Hospital ' attitudes into political action. Sonoma County Community Development Commission - Sonoma County Asthma Coalition Sonoma County Taskforce for the Homeless Join now as a partner for Affordable Housing Week and receive all announcements, invitations and notices for Affordable Housing Week and join the list of early partners and sponsors to be acknowledged in all outreach, publicity, and web communications. Other Affordable Housing Activities and Events during May 11 -17 (check back often for weekly updates of Affordable Housing events) Housing Advocacy Teach -In, "How to get more affordable housing in your town" ' - Tuesday, May 13, 1 p.m. - 3 p.m., California Human Development Corp., 3315 Airway Drive, Santa Rosa, Hosted by Housing Advocacy Group and Accountable Development Coalition. This event will show ways for residents to get involved in their jurisdiction's Housing Element Updates, currently underway. Green Affordable Housing Panel - Tuesday, May 13, 6 p.m - 8:30 p.m., First Congregational United Church of Christ, 2000 Humboldt Street, Santa Rosa, hosted by Accountable Development Coalition, Sonoma County Conservation Action, Habitat for Humanity, and Greenbelt Alliance. This event explores how affordable housing can be environmentally sustainable. Light dinner wilt be served. Contact Jessica Diaz, 321 -1577 or diaz.adc@gmail.com to RSVP or for more information. http:// www. schousingcoalition .org /housing_week_intro.htm 5/6/2008 Council: X Miscellaneous Communications Agenda: 5113108 X 517/08 -TG Copy to: The Sonoma County Alliance Political Action Committee Board of Trustees invites you to the 2008 Legislative Reception. Please join us for a Cocktail Reception honor your service to our community. April 24th 5:3 0 p m to 7-3 0 m Hyatt vineyard Creek Courtyard Santa Rosa execdir( sonomacoun a Nance. com or 525.8377. 6�'41� n, e,p lJxv Presents NORTH ;. ,dip Q yEns T*IK A GTy Friday, April 25, 2008 Sheraton Hotel, Petaluma Registration 7:30 a.m. Program 8:00 a.m. —I 1:30 a.m. PLANNED FUTURE: FUNDED AND APPROVED PROJECTS IN THE NORTH BAY'S Council: 1 X a Miscellaneous -- Communications Agenda: 5113108 X 5 /7 /08 -TG Copy to: Dianne Steinhauser Suzanne Smith Steve Heminger Transportation Authority of Marin Sonoma Coun Transportation Authority Metropolitan Transportation Commission HY ?- THE CONSEQUENCES OF DOING NOTHING & THE BOTTOM LINE BENEFITS OF TAKING ACTION! Supervisor Tim Smith County of Sonoma Fireman's Fund Insurance Company Supervisor Charles McGlashan Lillian Hames Christy Garland Craig Tackabery Cindy Gillespie County of Marin /SMART Sonoma -Marin Area Rail Transit 511 Regional Rideshare Program County of Marin Amy's Kitchen Platinum Sponsor. Gold Sponsor: KAISER Om, -- PERMANEWE„ thrive i cel CONSERVATION OUR- EARTIl, OUA Mlsi10%,' -OUR 108.1 Silver Sponsors: Agilent Technologies, Courtyard Marriot- Marin /Sonoma, AAA of Northern California, Nevada, & Utah Leadership Institute for Ecology & the Economy, Northbay Family Homes, The Pasha Group, Sutter Health $35 per person • $280 table of eight • Pre - registration required. No refunds after reservation deadline. ____________________Deadline for reservations April 18, 2008 -------------------------------------------------- ----------------------- - - - - -- ---------------------------------------- 2008 Transportation Summit: Registration: 7:30 a.m. Program: 8:00 a.m. to 11:30 a.m. Continental breakfast included. Name(s) Company Address Email City /State /Zip Phone Fax Please reserve seats at $35 per person or table(s) of 8 at $280 (incl. company name on table sign). • Enclosed is my check for $ Please make payable to North Bay Leadership Council. • Please charge my credit card. Card number: Name as it appears on the card: Exp. Date: Security Code (last 3 digits on back): o Visa ❑ MasterCard (NBLC only accepts Visa or MasterCard) Mail or fax to: North Bay Leadership Council, Transportation Summit, 775 Baywood Dr., Suite 101, Petaluma, CA 94954; 707.283.0028 Fax: 707.763.3028. Seating is limited. No refunds. Registration deadline April 18, 2008. Includes a subscription to North Bay Policy Watch. For online registration and payment, log onto www.northbayleadership.org. COUNCIL COMMUNICATIONS (5113/08) Hilary Smith 373 Laguna Drive Rohnert Park, CA 94928 (915) 539 -1514 April 19, 2008 RECEIVED APR 2 2 2008 CITY OF ROHNERT Re: Citizen Observation of Law Enforcement Activity California Highway Patrol Attn_ Captain Kelly Young 6100 La Bath Avenue Rohnert Park, CA 94928 Dear Captain Young, Council: Miscellaneous Co►nnaunications Agenda Copy to Copy to: On April 16, 20081 was driving home from work and saw a couple pulled over by two CHP officers and so, in carrying out my civic duty, I pulled over to watch the interaction between two citizens and two of my public servants. I approached the scene with an open and deliberately non- threatening posture. This was at the intersection of Redwood Drive and Highway 116. Attending the scene were a male officer and a female officer. When I asked the female officer whether I could observe the stop, she told me "no." I protested and she told me I could watch but that 1 had to stand approximately 25 feet away from the activity. Of course 25 feet was much too far away for me to reasonably survey and understand what was happening. I then asked the female officer if I could collect her name. The officer rolled her eyes and ignored my request. Not wanting to become a target myself, I chose not to press the issue. Instead, I noted the officers' patrol vehicle license plate numbers, which were 1248222 & 1240220. Once the two officers had finished, 1 asked the male citizen who'd been stopped why he and his partner had been stopped_ He said he didn't want to talk about it because he was afraid that one of the officers would hear him and arrest him. When I left the site of the stop, I decided to leave my car in the parking lot of the Star Restaurant for fear that I would become the object of reprisal if l took to the road with the officers behind me. Following my experience, 1 called the Rohnert Park_ PD to ask what.the best way would be for -a citizen to observe public law enforcement servants as the w erformed routine law enforcement. as told not to do it. If I wanted to observe, 1 could arrange to participate in a prearranged "r de -I along." 5.135 After calling the Rohnert Park PD, I called the CHP switchboard to ask them the same question. Again, I was told not to observe law enforcement servants as they perform their public service. The dispatcher placed me on hold while she contacted the Rohnert Park CHP office to inquire as to guidelines for citizen observation of law enforcement activity. The officer who she spoke with happened to be the male officer involved in the traffic stop 1 attempted to witness. He explained to her that, while I was not in violation of the law, what I had done was "inappropriate." Captain Young, if what I did was inappropriate, please provide official guidelines detailing how community members may appropriately, and in a non - prearranged and impromptu fashion, observe the day - today activities of public law enforcement servants. In a free society, citizens must have the ability to cant' out these duties of observation at any time so chosen. Please do not explain that for my own safety, I should accept that law enforcement operations would be conducted in secret, when they should be conducted with the utmost transparency. One could argue that a free society is inherently unsafe and any student of history knows that public safety has always been used as an excuse to conceal and excuse executive abuses. In closing, I believe that the officers I encountered on April 96th showed a lack of respect for me as a civilian. This is concerning in a self - governing and democratic society. Please respond officially to my request for citizen- observation guidelines. Thank you for your service and thank you in advance for helping this community carry out its duty to our country. Cc: Congresswoman Lynn Woolsey Assemblyman Jared Huffman Supervisor Mike Kearns Mayor Jake Mackenzie, Rohnert Park Mayor Pat Gilardi, Cotati Ann Gray Byrd, ACLU Sonoma County Marsha Vas Dupre, SRJC Board of Trustees Grand Jury, Sonoma County Communications Studies_Dept., Sonoma State U _. Press Democrat News Office - O_KR `A LYNN WOOLSEY 6TH DISTRICT, CALIFORNIA COMMITTEES: EDUCATION AND LABOR CHAIRWOMAN, SUBCOMMITTEE ON WORKFORCE PROTECTIONS SUBCOMMITTEE ON EARLY CHILDHOOD, ELEMENTARY AND SECONDARY EDUCATION SCIENCE AND TECHNOLOGY SUBCOMMITTEE ON ENERGY AND ENVIRONMENT FOREIGN AFFAIRS SUBCOMMITTEE ON AFRICA AND GLOBAL HEALTH RECEIVED The Honorable Jake MacKenzie Mayor APR 2 2 2008 City of Rohnert Park CITY OF 6750 Commerce Boulevard ROHNERT PARK Rohnert Park, California 94928 Dear Mr. MacKenzie: Council: Miscellaneous Communications Agenda Copy to: Copy ta: March 19 marked the fifth anniversary of the U.S. invasion of Iraq. Five years later, our country finds itself in an unwinnable quagmire, with our troops constantly in harm's way, and Iraq in the midst of a civil war. As you know, I opposed this action from the beginning and have continued to speak out against this ill- advised and wasteful occupation. I have held hearings in Washington, DC on Iraq, how we got there, and how we need to end this illegal U.S. action. I introduced the first legislation calling for the President to bring our troops home. In these efforts, the majority of my constituents have expressed their support for ending the occupation of Iraq. From the beginning, cities and counties throughout the nation have joined their constituents in taking a stand against this occupation. A few local governments in the Sixth Congressional District have done so, and I thank them. Others have not taken the matter up or have stated that they will focus on strictly local issues. Yet, this unwinnable situation is affecting every citizen — from our brave troops who are being wounded or killed to all of us who bear the brunt of the lost opportunity costs of at least $11 billion per month. That's why so many of us continue to voice our opposition, day in, and day out. We're fighting on behalf of every family who will lose a loved one while fighting in Iraq, every family who will struggle financially even though they live in the richest country in the world, and on behalf of the people of Iraq who want to control their own destiny. To bring an end to the occupation and to halt the hemorrhage of tax dollars from local projects, I encourage local governments to add your voices to your constituents' by adopting resolutions sending a strong message to Washington - our troops have done everything that has been asked of them, and it's time to bring them home. PRINTED ON RECYCLED PAPER ;.13•.r bt WASHINGTON OFFICE: U.S. HOUSE OF REPRESENTATIVES 2263 RAYBURN BUILDING WASHINGTON, DC 20515 (Congre55 of the aulteb 6tato TELEPHONE: (202)225 -5161 DISTRICT OFFICES: 1101 COLLEGE AVENUE, SUITE 200 A { �Q A ft ,y wr oor of 3aeprcantatlbO SANTA ROSA, CA 95404 TELEPHONE: (707) 542 -7182 y Wshnngton, ;X 20515 -0506 1050 NORTHGATE DRIVE, SUITE 354 SAN RAFAEL, CA 94903 TELEPHONE: (415) 507 -9554 April 11, 2008 WEB PAGE AND E -MAIL: http://www.woolsey.house.gov RECEIVED The Honorable Jake MacKenzie Mayor APR 2 2 2008 City of Rohnert Park CITY OF 6750 Commerce Boulevard ROHNERT PARK Rohnert Park, California 94928 Dear Mr. MacKenzie: Council: Miscellaneous Communications Agenda Copy to: Copy ta: March 19 marked the fifth anniversary of the U.S. invasion of Iraq. Five years later, our country finds itself in an unwinnable quagmire, with our troops constantly in harm's way, and Iraq in the midst of a civil war. As you know, I opposed this action from the beginning and have continued to speak out against this ill- advised and wasteful occupation. I have held hearings in Washington, DC on Iraq, how we got there, and how we need to end this illegal U.S. action. I introduced the first legislation calling for the President to bring our troops home. In these efforts, the majority of my constituents have expressed their support for ending the occupation of Iraq. From the beginning, cities and counties throughout the nation have joined their constituents in taking a stand against this occupation. A few local governments in the Sixth Congressional District have done so, and I thank them. Others have not taken the matter up or have stated that they will focus on strictly local issues. Yet, this unwinnable situation is affecting every citizen — from our brave troops who are being wounded or killed to all of us who bear the brunt of the lost opportunity costs of at least $11 billion per month. That's why so many of us continue to voice our opposition, day in, and day out. We're fighting on behalf of every family who will lose a loved one while fighting in Iraq, every family who will struggle financially even though they live in the richest country in the world, and on behalf of the people of Iraq who want to control their own destiny. To bring an end to the occupation and to halt the hemorrhage of tax dollars from local projects, I encourage local governments to add your voices to your constituents' by adopting resolutions sending a strong message to Washington - our troops have done everything that has been asked of them, and it's time to bring them home. PRINTED ON RECYCLED PAPER ;.13•.r bt I urge the City of Rohnert Park to consider showing your support for ending the Iraq occupation by adopting such a resolution. Sincerely, Lynn Woolsey Member of Congress LW:wf In California, Building a Town With a Gentle Footprint washingtonp ost co In California, Building a Town With a Gentle Footprint By Katherine Salant. Saturday, May 3, 2008; F04 Can a new house reduce your ecological footprint? An ecological footprint is a way of quantifying human impact on the earth. The originator of the concept, environmentalist Mathis Wackernagel, sees it as a way to help average people wrap their brains around an overwhelming amount of data. Page 1 of 4 Wackernagel converted all the earth's resources into a single unit of measurement, productive hectares of land.- He terms that a global hectare. Then he calculated each person's share. That's the ecological footprint. With 6.6 billion people on the planet, the average stands at 1.8 global hectares per person. (1.8 global hectares equals 2.2 acres.) The size of an average American's ecological footprint, however, has ballooned to 9.6 global hectares. If everyone on earth lived like we do, we would need five planets, clearly an unsustainable proposition. Scaling down to a "one - planet lifestyle" would require many changes. When it comes to housing, size might seem to be the main issue. However, it's not as big a factor as you might think. Where you live and the type of transportation you use are just as important. If you have to drive to every activity outside your house, transportation takes up a significant share of your ecological footprint. Of the choices available to new -home buyers, one of the smallest footprints could belong to a house in a New Urbanist community -- that is, one that follows the planning philosophy that models new suburban developments on older, walkable city neighborhoods. With its mixed -use land planning, shopping areas are within walking distance of most houses, so residents can use their cars less. When such a development adjoins public transportation, many two -car households get rid of one car. To achieve true one - planet living, however, requires more. Fossil fuels would not be used, so the energy for heating, air conditioning and electricity would be produced by on -site renewable sources. To conserve local water sources, rainwater would be stored, treated and recycled. To the extent possible, building materials would be locally manufactured with recycled content. Achieving all this community -wide would be considered impossible by most land developers and home builders. But it has been done in England by the BioRegional Development Group, http: / /www.washingtonpost. com/wp- dyn/co'ntent /article /2008/05/02/AR2008050201... 5/5/2008 In California, Building a Town With a Gentle Footprint Page 2 of 4 which is now working with a U.S. developer. That developer, Codding Enterprises, based in Rohnert Park north of San Francisco, is in the final planning stages of what promises to be America's first one - planet - living community, Sonoma Mountain Village. Construction is expected to begin next year and end in 2021. The eventual population is projected at about 5,000. From a distance, Sonoma Mountain Village will appear to be a typical New Urbanist town, but close up, a visitor will see significant differences, said Geof Syphers, Codding's chief sustainability officer. At 35 units to the acre, the housing density will be comparable to that in older neighborhoods such as Georgetown. Fifty stores and small businesses will line 10 blocks in the town- square area. To attract an economically diverse population, more than half of the 1,900 housing units will be multifamily condominiums, senior housing, rental apartments and affordable housing. The 900 single - family houses will range from 500- square -foot cottages to conventional 3,000- square- foot, four - bedroom models. The average will be 1,400 square feet. The one - planet aspects of Sonoma Mountain Village will be less obvious. Heat, hot water and electricity will be produced on site with renewable sources. Roof - mounted solar collectors will provide hot water. Passive solar design features that tap the warmth of the sun will produce most household heat; the cloudy weather backup heating will be provided by a community -wide grid of geothermal heat pumps that capture the warmth of the earth. Electricity will come from solar photovoltaic panels, which will be arrayed on the roofs of all the commercial and some residential buildings. The combined output of that system will be shared among the households and businesses. Cisterns throughout the project will collect and treat rain to be used for irrigating the landscape during the nine -month dry season. To give the local economy a boost and reduce the environmental impact of shipping materials across the country, some major construction components, including cabinetry and framing, will be produced by local firms. Codding is also using recycled and reused materials to an impressive degree. The firm opted for steel framing instead of wood because there is less waste, and the framing will be made from recycled automobile parts. Every front door will be made of reclaimed wood salvaged from local rivers and lakes by a firm that also makes the doors. The flooring for the front porches will be recycled, lightweight, fly ash concrete. Unlike conventional concrete that is made with energy- intensive Portland cement, fly -ash concrete is made with the waste that accumulates at coal - powered electric plants. For many people, though, the most interesting aspect of this project could be the social engineering. The company said it wants to create a sense of community and a consensus for living within a smaller ecological footprint. http: / /www.washingtonpost. com/wp- dyn/content/ article /2008/05/02/AR200805 0201... 5/5/2008 In California, Building a Town With a Gentle Footprint Page 3 of 4 To do that, it needs to foster casual socializing. Each neighborhood will have a New Urbanist treatment: narrow streets lined with wide sidewalks and porches. In many cases, kitchens will overlook the street so that a resident working at the sink can wave to passersby or chat when windows are open. Each neighborhood will have a pocket park with public art. To reduce car use, the town center will offer essential services as well as entertainment venues, a movie theater, restaurants, a bakery and a daily farmers market. For commuting, residents can choose carpools, buses or a shuttle service to the local train station. For those willing to eschew a car altogether, the developer will organize a car -share club that lets members rent hybrid or electric cars by the hour. For more information on the ecological footprint, see http: / /www. footprintnetwork. off. For more information on Sonoma Mountain Village, seehtW:/ /www.sonomamountainvillage.com. Katherine Salant can be contacted via her Web site, http://www.katherinesalant.com. O 2008 Katherine Salant Post a Comment View all comments that have been posted about this article. You must be logged in to leave a comment. Login I Register Comments that include profanity or personal attacks or other inappropriate comments or material will be removed from the site. Additionally, entries that are unsigned or contain "signatures" by someone other than the actual author will be removed. Finally, we will take steps to block users who violate any of our posting standards, terms of use or privacy policies or any other policies governing this site. 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You are fully responsible for the content that you post. © 2008 The Washington Post Company REAL ESTATE FEATURED ADVERTISERS • Toll Brothers - America's Luxury Home Builder • Build Your Lifestyle With Your New Stanley Martin Home. • Brookfield Homes, where design is the difference. • Find the perfect home in the perfect location with Bozzuto Homes. • At Ladysmith Village, Home is Much Bigger than Your House. http: / /www.washingtonpost. com/wp -dyn/ content / article /2008/05/02/AR2008050201... 5/5/2008 G�1 L U T N E,Q9 z c A]KgR Councilmember Tim Smith City of Rohnert Park City Hall 6750 Commerce Blvd. Rohnert Park, CA 94928 Dear Councilmember Smith, C imm and Oman Rutft e*an eft u*ch 5475 SnVdex .Cane • sahnett 9;aec Catif ewtia 94928 council: April 30, 2008 to: OF /D Pastors: Newton Kerney Daren Erisman Laura Ziehl Cross and Crown Lutheran Church would like to express our sincere appreciation of your attendance at the April 27, 2008 Welcome Center building dedication ceremony. The event was made even more special by your attendance as a representative for the City of Rohnert Park. We enjoyed meeting with you and hope that you found the occasion enjoyable as well. We appreciate the sacrifice of your personal time so that you could spend time joining us as we celebrated our accomplishments. You are welcome to visit our services or events at any time. If you have any questions about the church, the school, or the work we are involved in for our community both here and around the world, please feel free to contact me at 707- 795 -7853. Sincerely, Newton W. Kerney, Lead Pastor NWK:ba Phone: (707) 795 -7853 • Fax: (707) 795 -0509 • E -mail: office @crossandcrownrp.org www.crossandcrownrp.org ' North Bay Corporation PO Box 1916 Santa Rosa, CA 95402 -1916 p 707- 586 -5533 f 707- 586 -5543 May 2, 2008 Linda Babonis City of Rohnert Park 6750 Commerce Blvd Rohnert Park, CA 94928 Dear Ms. Babonis: REcEivED MAY 0 5 2008 CITY OF ROHNERT PARK Council: Miscellaneous S.s•og Communications bl Agenda ( "opy to: my to. We are pleased to let you know we have started using our new trucks in Rohnert Park. These biodiesel trucks are by far the most advanced ecologically friendly vehicles available and will further advance Rohnert Park's goal of reducing its carbon footprint. We would like to offer you a demonstration of the new vehicles. Let us know a convenient time for you to do so. Rohnert Park Disposal is looking forward to finalizing the extension of the Solid Waste and Recycling Franchise. We are very proud of our relationship with Rohnert Park and take great pride in the services we provide the City. It is our long -term goal to maintain this relationship and will be ready to assist the City in its desire to be the most advanced "Green" city in the County. Please give me a call if you have any questions or concerns. Thank you. Sincerely, Steve McCaffrey Director of Governmental Affairs Cc: Steve Donley Jim Salyers Vallejo votes to declare Chapter 9 bankruptcy S F G rate —,,,, tAgp to: Vallejo votes to declare Chapter 9 bankruptcy to: Carolyn Jones, Chronicle Staff Writer Wednesday, May 7, 2008 Page 1 of 2 (05 -07) 00:12 PDT Vallejo -- The Vallejo City Council voted to declare bankruptcy Tuesday night after months of last -ditch wrangling failed to rescue the city from financial catastrophe. The North Bay city of 117,000 now heads into largely uncharted territory, as no California city of this size has ever opted for this route. "This has been a long frustrating process for everyone," said City Manager Joseph Tanner. "There are no winners here tonight." After about four hours of discussion and public comment from the standing- room -only crowd, the council voted 7 -0 to approve Tanner's recommendation to declare Chapter 9 bankruptcy protection as a means to reorganize its finances, which have been shattered by spiraling public employee salaries and the plummeting housing market. The move allows the city to freeze its debts while maintaining city services. Police, fire and other unions and many in the audience were outraged at the move, accusing the council of poor leadership. The city suffers from mismanagement and has less debt than it claims, said a union spokesman, Ken Shoemaker, a representative of the electrical union. Vallejo faces a $16 million shortfall and no money in its reserve account for the fiscal year beginning July 1. In March, the city shaved several million dollars from its payroll, museums, public works, senior centers, libraries and other services to avoid bankruptcy, but needed to make further cuts to meet increased expenses in the next fiscal year. The city and its police and fire unions held a final contract negotiating session Sunday but failed to reach an agreement before Tuesday's City Council meeting. The city and its public safety unions have been at the bargaining table for about two years. The city is asking for its police and firefighters to take salary, benefit and staff cuts, while the unions say any further cuts would endanger public safety as well as the safety of the police and firefighters. Vallejo spends 74 percent of its $8o million general fund budget on public safety salaries, http:// www. sfgate .com /cgi- bin/aiticle.cgi ?f = /c /a /2008 /05 /07 /BACH1 OHUK6.DTL &... 5/7/2008 Vallejo votes to declare Chapter 9 bankruptcy Page 2 of 2 significantly higher than the state average. The generous contracts are the result of deals struck in the 1970s, following a police strike that left the city in turmoil. The City Council had been split on whether to declare bankruptcy. Some, including Mayor Osby Davis, said the stigma would threaten the city's long -term economic development and discourage investors, while others said it would give the city time to restructure its budget and offer protection from creditors. What's unknown is whether bankruptcy will dissolve the city's labor contracts, which most City Hall staffers say is the primary reason for the city's financial mess. A judge will have to decide whether to dissolve the contracts. Vallejo became the second California city to declare bankruptcy, but the first to do so because of long -term economic woes. Desert Hot Springs (Riverside County) declared bankruptcy in 2001 after losing a lawsuit brought by a developer. Orange County declared bankruptcy in 1994 after losing $1.6 billion in bad investments. Cities and counties throughout the state are in a predicament similar to Vallejo's, and many are watching to see what happens in the North Bay city over the next few months. If the regional and national economies suffer another down year, numerous Bay Area cities - especially those highly dependent on the housing market for property- and transfer -tax revenues - are likely to be investigating bankruptcy options. E -mail Carolyn Jones at carolynjones @sfchronicle.coin. http: / /sfgate.com /cgi- bin /article. cgi ?f = /c /a /2008 /05/07 /BACH 10HUK6. DTL This article appeared on page B - 1 of the San Francisco Chronicle http: / /www. sfgate.com/cgi- bin/article. cgi ?f = /c /a /2008 /05/07 /BACH 1 OHUK6.DTL &... 5/7/2008 Griffin, Terri From: Donley, Steve Sent: Monday, May 12, 2008 12:10 PM Council: Misc To: Lidster, Beth; Griffin, Terri Corr Subject: Op Ed and May 15 Divestiture Workshop Report Ages Attachments: OpEd.pdf; Mayl5workshopreport.pdf Copy to: Copy to For Council Communications. Page 1 of 1 laneous Attached is the draft Op Ed sent to the Press Democrat in addition to the Board agenda item for the May 15th workshop in divestiture. Let me know if you have any questions. 5/12/2008 /Y of 11 DRAFT Can Private Industry Be a Partner to Help Solve Sonoma County's Solid Waste Issues? By Mike Kerns and Tim Smith A recent Press Democrat editorial expressed concerns about the environmental impacts and greenhouse gas emissions resulting from hauling the garbage we generate to out -of- county landfills. We share these concerns, which is why we are optimistic about the potential for forming a partnership with private industry to resume in- county waste. disposal. Such a partnership, in combination with the participation of the cities of Sonoma County, could enhance Sonoma County's ability to meet its goals of minimizing impacts on the environment. It could also provide mandated financial security to manage past and future city and county obligations related to seven closed landfills located throughout the county. Accordingly, the county Board of Supervisors is actively pursuing a plan to examine the potential to sell the landfill to a private company who could re- establish in county waste disposal. If this plan is successful, the community will achieve a number of environmental objectives including: reduced greenhouse gas emissions, continued protection of groundwater resources, continued composting programs and increased waste diversion through expanded recycling opportunities (the county currently diverts approximately 64 percent, a trend which continues to increase). The central landfill also presents opportunities; for producing clean renewable energy. Sonoma County currently produces about six megawa#ts of clean renewable energy which is enough to.power 12,.0001ocid homes, and equivalent to keeping 20,000 tons of CO2 out of the air each year - and there is a possibility that more could be produced. In the long term, in- county waste disposal could provide the greatest opportunity for the community to achieve often competing environmental objectives while responsibly managing county's solid waste at a reasonable cost. The potential sale of the landfill and other county owned solid waste assets would allow the county to gain a private partner with greater experience, expertise and the capital resources necessary to resume operation of the central landfill_ The county is currently engaged in a process to evaluate whether interest within the industry exists, and. if so, whether the sale of the landfills would provide long term benefits to the community in achieving these goals. We agree with the community that providing safe, reliable in- county waste disposal . is in all our interests. That said, the path forward includes significant hurdles that can be overcome only with the cooperation of other partners including regulatory agencies and the cities of Sonoma County. Unless the county and cities can reach a consensus to manage their waste together (thus providing the economic incentives of a larger volume of waste to support an in- county landfill) and unless we can work cooperatively with Draft DRAFT regulatory agencies to address the full spectrum of environmental issues (including reduction of greenhouse gas emissions and groundwater protection), we must continue to send our garbage out of county. We share the community's concerns about the environmental issues resulting from the long distance transport of our waste to out -of- county landfills. The current, interim, solution of hauling garbage out of county was implemented to address the ongoing need to responsibly dispose of our waste, while working with the Regional Water Quality Control Board to ensure other important environmental objectives (including protecting our groundwater) are also achieved at the central landfill. It is our desire that out - hauling remain an interim solution only until we can locally manage our garbage — but the cooperation and partnerships with cities, regulatory agencies and private industry are vital to our success, If you are interested in learning more about the County's solid waste divestiture hprogram, the Board of Supervisors will be holding an informational workshop on May 15t starting at approximately 10 am at the Board Chambers located at 575 Administration Drive, Room-'102A, in Santa Rosa. @end Draft Agenda Committee Action: (} Consent Calendar Date Scheduled: ! / (} Regular Calendar Time Scheduled: (If required) COUNTY OF SONOMA clerk of the Board Use Only AGENDA ITEM Meetin Date Held Until 5.J r l oY I J SUMMARY REPORT Age teal No: Agenda Item No: Department: Trans ortation and Public Works 4/5 Vote Re uired Contact: Phone: Board Date: Deadline for Board Action: Jay Jasperse, Divestiture 565.3651 May 15, 2008 Project Mgr. AGENDA SHORT TITLE: Solid Waste Asset Divestiture Evaluation Project REQUESTED BOARD ACTION: 1 _ Receive a report on the status of the Solid Waste Asset Divestiture Evaluation Project to include a discussion of: • process and schedule; • public /stakeholder input received through outreach activities; and • next steps 2. Provide an opportunity for additional public /stakeholder input regarding the divestiture process, goals, etc. CURRENT FISCAL YEAR FINANCIAL IMPACT EXPENDITURES ADD'L FUNDS REQUIRING BOARD Estimated Cost $ Contingencies $ (Fund Name:) Amount Budgeted $ Unanticipated Revenue $ (Source:) Other Avail Approp. $ Other Transfer(s) $ (Explain below) (Source:) Additional Requested: $ Add't Funds Requested: $ Explanation (if required): Funding for the evaluation of the landfill divestiture process is included in the Transportation and Public Works FY 2007 -08 Budget. Prior Board Action(s): 11/06/2007 Board adopted a Resolution authorizing staff to issue an RFQ in connection with possible divestiture, and made certain required declarations and findings; 05/22/2007 Board authorized staff to develop and release an RFI and an RFQ for divestiture of Solid Waste Facilities; 04/25/06 Board gave direction to department staff on long term alternatives and directed staff to look at options for use of the Central Landfill including divestiture. Alternatives - Results of Non - Approval: The Board could determine that a status report is unnecessary. Staff would proceed with prior Board direction to explore divestiture options, and return to the Board at a later date with a status report and or recommendations for how to proceed. Background: The County is evaluating the potential divestiture of its solid waste facilities. To that end, a Divestiture Project Team, led by Jay Jasperse, SCWA, and comprised of staff from the Department of Transportation and Public Works, County Counsel, and the County Administrators Office, are working with support from legal and financial advisors, to pursue a process through which to assess this opportunity. Preliminary goals identified by the Board are guiding the assessment process. The Divestiture Team has conducted outreach activities with the public and stakeholders to provide information regarding the divestiture process and to request input on the preliminary divestiture goals. This workshop represents continued outreach to the public and stakeholders regarding the divestiture process and is intended to: • provide background information regarding the County's process and schedule for evaluating divestiture of the solid waste facilities; • describe public /stakeholder input received from prior outreach activities; and, • receive additional public /stakeholder input regarding the preliminary divestiture goals Solid Waste Facilities Considered for Divestiture The solid waste facilities being considered for divestiture include the County's Central Landfill and the Annapolis, Central, Guerneville, Healdsburg and Sonoma Transfer Stations. The County owns each of these assets in fee. The Central Landfill is operated by the County of Sonoma - Department of Transportation and Public Works. The Central Landfill has an onsite energy plant that sells power to several entities, with the largest amount sold to the Power and Water Resources Pooling Authority. The Annapolis, Guerneville, Healdsburg and Sonoma Transfer Stations are presently operated pursuant to a contract between the County and West Sonoma County Disposal. The Central Transfer Station is operated by the County of Sonoma- Department of Transportation and Public Works. (continued on next page) R: 19act0815- 13- 08tDivestitureworksho .doc Attachments: On File With Clerk: BVA Report CLERK OF THE BOARD USE ONLY Board Action (if other than "Requested ") Vote: Background: (Continued) The Central Landfill was permitted as a municipal solid waste facility in 1971. It is comprised of two solid waste management units known as Landfill 1 and Landfill 2, which began operation in 1971 and 2000 respectively. In 2003, during operation of Landfill 2, constituents of concern were discovered in the underdrain system under the constructed liner. As a result, the Regional Water Quality Control Board (RWQCB) issued new WDRs addressing both Landfill 1 and 2. The Waste Discharge Requirements (WDRs) prohibit further liner construction without an application for new WDRs. Consequently, the County ceased accepting waste and active landfill operations in both Landfill 1 and 2 in October 2005 and began interim out -- hauling of waste to out -of- County landfills. In 2004, the County retained Brown, Vence and Associates (BVA) to evaluate long -term options for solid waste management. BVA's evaluation consisted of a detailed analysis of 11 options for long -term management using specific criteria based, in part, on public and stakeholder input. As a result of this assessment, BVA identified four preferred system scenarios, each consisting of one or more alternatives. Financial modeling was conducted on these system scenarios and out -haul via trucking was found to be the preferred scenario. BVA also recommended that if the County could not secure City partner participation, in continuing to own and operate a public landfill, then divestiture of the County's solid assets should be evaluated. On the basis of this recommendation, in April 2006 the Board directed County staff to evaluate the potential for divestiture. The purpose for divesting our solid waste assets would be to secure a private sector partner that could better achieve the goals described below, and, in particular, assume liabilities associated with the site and develop in- county operations at a competitive price (tipping fee) which are absolutely fundamental to securing continued city participation in a collective solid waste system. Preliminary Goals for Solid Waste Management The County's primary goals for the Divestiture are as follows: • Maximize the monetary return for divestiture of the facilities; • Reduce or eliminate exposure for past, current and future environmental, operational and closure /post- closure liabilities related to the facilities; • Provide a location for solid waste disposal of the municipal solid waste stream at reasonable prices; • Transfer, through a divestiture, all of the facilities; in Assure that the facilities be operated in the future in an environmentally sound and safe manner consistent with applicable law and regulations; = Assure facilities are operated in the future in a manner that reduces greenhouse gases, complies with the California Global Warming Solutions Act of 2006 (AB 32) and other County climate protection initiative, such as through the use of rail or other appropriate means; and ■ Support diversion goals consistent with AB 939 and the Countywide Integrated Waste Management Plan (continued on next page) Background: (Continued) Secondary goals identified include: • Achieve an in- county Central Landfill solution, if the Divestiture terms are such that they substantially alter the findings of the BVA study, which led to the County Board of Supervisor's decision to move toward a permanent out -haul solution; • Assist impacted employees to compete for and find employment with the successful purchaser; • Involvement in tip rate setting process; and • Preserve capacity at the Central Landfill for the County- generated waste stream. Divestiture Process The divestiture process is organized in the following four discrete phases: • Phase 1 — Request for Information (RFI) • Phase 2 — Request for Qualifications (RFQ) • Phase 3 — Industry review, public outreach, and development of Request for Proposals (RFP) • Phase 4 -- Evaluate proposals and select winning proposal The divestiture process is designed to allow the Board to evaluate the degree to which its objectives are likely to be met through divestiture at each phase and to determine whether to proceed to the next phase or discontinue the process. Each of these phases is briefly described below. Phase 1 - On July 27, 2007, the County issued an RFI to solicit information from stakeholders, public, and industry regarding the level of interest in divestiture, preferred structure of a divestiture process, and the type of information needed to support a divestiture process. The County received input in response to the RFI indicating significant interest in divestiture of its solid waste facilities. Phase 2 - Based on the information received from the RFI, the Board directed staff to issue an RFQ on November 7, 2007. The RFQ was posted on the County's website and made available to all interested parties. The RFQ contained some of the following elements: • description of the assets being considered for divestiture, • preliminary County goals for divestiture, • request for experience and qualifications, and • request for approach to divestiture. The RFQ described the procedures and criteria for evaluating Statement of Qualifications (SOQs) received in response to the RFQ. The evaluation process consisted of evaluating each SOQ for specified pass /fail and responsiveness criteria. Finally, each SOQ that met the pass /fall and responsiveness criteria was evaluated in detail for the demonstrated experience and qualifications of the proposer (weighted 65 %) and the approach to divestiture (weighted 35 %) based on criteria provided in the RFQ. In order to provide a fair and objective process, the evaluation of SOQs was conducted on a confidential basis. Based on the evaluation of SOQs by the Divestiture Team, a short -list of proposers was identified. The Board gave real property negotiating instructions to staff, including direction to proceed with Phase 3 of the divestiture process. (continued on next page) Background: (Continued) Phase 3 — The current phase of the divestiture process involves working with the short - listed parties to develop an appropriate RFP and Purchase and Sales Agreement (PSA) which reflects the County's goals and has terms and conditions that are fully defined so that the proposals received by the County will differ only in compensation. In addition, Phase 3 involves conducting public /stakeholder outreach regarding the divestiture process and the preliminary goals for divestiture. Phase 3 began in early February 2008 and is anticipated to be completed by June 2008. The development of an RFP and PSA involves a process of working closely with short - listed parties on a confidential basis to ensure that the process is objective and each proposer is provided equal access to the same information. The process includes a series of individual meetings with each short - listed proposer to: • improve the proposer's understanding of the County's goals, RFP, and PSA; • facilitate due diligence activities conducted by the proposers; • maximize the value and quality of the proposals; • incorporate input and ideas from the short- listed parties into the RFP and PSA; • minimize the need for post - selection negotiations; and • structure the RFP and PSA to provide for an "apples" to "apples" comparison of bids so that a transparent and objective final selection by the Board can be made. As mentioned above, the other significant activity during Phase 3 involves outreach to the public and stakeholders. To date, the Divestiture Team has conducted outreach meetings as follows: Regular AB 939 Local Task Force Meeting City Managers Association Meeting Special Evening Meeting of the AB 939 Local Task Force — Noticed to a broad list of Stakeholders and Public Quarterly Central Landfill Neighborhood Meeting Mayors and City Council Members Association As part of the workshop, staff will provide the Board with a summary of input received to date regarding the preliminary divestiture goals, the process, etc. Phase 4 — The final phase of the divestiture process involves issuing an RFP and PSA to the short- listed proposers, continuing to work with those parties as they conduct due diligence activities and, as appropriate, to further refine the contract terms of the PSA. At the conclusion of the Phase 4 stage (estimated late summer 2008), the Board will receive proposals from the short- listed parties at a noticed public meeting. At this point, County staff will evaluate the proposals to identify the responsive high bid and determine whether the high bid meets the County's goals for divestiture. Staff will return to the Board in a noticed public meeting (anticipated in Fall 2008) with a recommendation to either execute the PSA with the high bid proposer or to discontinue the divestiture process because the high bid did not meet the County's divestiture goals. Council: Page 1 of 2 Miscellaneous Communications X ! 5113 Agenda j Copy to: Coov to: Griffin, Terri From: Donley, Steve Sent: Monday, May 12, 2008 3:44 PM To: Griffin, Terri Subject: FW: 2008 Codes Committee - Election Results and Appointment For Communications. Steve Donley City Manager City of Rohnert Park 6750 Commerce Blvd. Rohnert Park, CA 94928 voice: (707) 588 -2226 fax: (707) 588 -2263 From: Bruck, Peter Sent: Thursday, May 08, 2008 9:51 AM To: Bendorff, Ron; Donley, Steve; Schwarz, Dan Subject: FW: 2008 Codes Committee - Election Results and Appointment I have just been notified that I have been elected to the U.S. Green Building Council's Code Committee. This is quite an honor to be elected by the USGBC membership to serve on this national green building committee. Peter K. Bruck Building Official City of Rohnert Park 707 - 588 -2257 pbruck @rpcity.org 64 Please consider the environment before printing this email. From: Jeremy Sigmon [mailto:jsigmon @usgbc.org] Sent: Thursday, May 08, 2008 9:30 AM To: a— design @earthlink.net; erik.olsen @cityofchicago.org; klaus @waterless.com; greg @rethinkdev.com; walterv@mazzetti.com; studioab @earthlink.net; Strawnet @aol.com; afloyd @scottsdaleaz.gov; s.baer @fivewinds.com; Bruck, Peter; brace @hammondandcompany.com; peggy.white @hdrinc.com; zaida .basora @dallascityhall.com; sheila.blake @cityofhouston.net; chip @contects.com; randall.higa @sce.com Cc: Jason Hartke; Cory Shindel; Chris Marshall Subject: 2008 Codes Committee - Election Results and Appointment Members of the 2007 and 2008 Codes Committee: After a meeting with the USGBC Executive Committee yesterday, the final list of Committee 2008 committee members is now available — many thanks to the Nominations Subcommittee for their guidance and input through the election process. We have a great group of individuals, not only on the 2008 committee, but also on the outgoing committee. 5/13/2008 Page 2 of 2 Thank you very much to Kelly, Erik, Klaus, Greg and Walt for your participation in the work of the committee and your commitment to U.S. Green Building Council. We highly value your contributions and look forward to engaging you as the next group of individuals tackles the work of tomorrow. Congratulations to the newly - elected and appointed members to the Committee! The outgoing and incoming committee is listed below, and in further detail in the attached spreadsheet. Please verify your contact information so we have it correctly. Member 2007 Committee Kelly Jon Andereck Erik Olsen Klaus Reichardt Gregory Reitz Walt Vernon 2008 Committee Glynis Berry David Eisenberg Anthony Floyd Steven Baer Peter K. Bruck Bruce Hammond Peggy White Zaida Basora Sheila Blake Chip Henderson Randall Higa Position Secretary Voting Member Voting Member Voting Member Voting Member Elected /Appointed Appointed Appointed Elected Elected Elected Term End Date April 2008 April 2008 April 2008 April 2008 April 2008 Voting Member Appointed May 2009 Chair Appointed May 2009 Vice -Chair Appointed May 2009 Voting Member Re- Elected May 2010 Voting Member Voting Member Voting Member Voting Member Voting Member Voting Member Voting Member Elected Appointed Elected Elected Elected Re- Elected Re- Elected May 2010 May 2010 May 2010 May 2011 May 2011 May 2011 May 2011 Our first monthly meeting to which both new and outgoing committee members are invited will be Thursday, May 15 from 2:30- 3:30pm Eastern time (every third Thursday of the month). Recognizing that this time may not be suitable for this new group of 11, we are certainly open to discussing what time might work better for the group. A meeting agenda and any other materials will be sent out by Monday, 5/12. Looking forward to working with everyone — please contact me should you have any questions. All the best, Jeremy Sigmon Jeremy Sigmon Advocacy & Board Communications Coordinator U.S. Green Building Council 1800 Massachusetts Ave, NW Suite 300 Washington, D.C. 20036 202.742.3811 (direct) 202.828.7422 (main) isigmon@usgbc.org www. usg bc.org 5/13/2008 Calendar of Events Next Council Meeting May 13, 201 Wednesday, 5/7 Tour of Sonoma County to view Larry Simon's Architecture 2 -7pm. Reception 5 -7pm. 110 Stony Point road (TS attending) Friday, 5/9 Volunteer Appreciation Party Burton Avenue Rec Center 7421 Burton. 6:30- 8:30pm. rsvp mzeldes(Mrocity.org (JM attending) 5/11 -17 — Affordable Housing Week Monday, 5/12 Leadership Breakfast for Affordable Housing 7:30am. Flamingo Hotel (TS attending) Council: X g Miscellaneous Communications Agenda: 5113108 X 5/7/08 -TG Copy to: Wednesday- Friday, May 13 -16 ICLEI Local Action Summit 2008 Albuquerque, NM (Vvm attending) Friday, 5/16 Climate Protection: Everybody Profits IV 8am- 2pmVilla Chanticleer, Healdsburg (JM /PS attending) Saturday, 5/17 Ted Giesige Retirement Party (JM attending) Saturday, 5/17 Luther Burbank Rose Parade & Festival (JM riding bicycle) Begins at Santa Rosa Veterans Memorial Building Parking Lot 10am Tuesday, 5/20 Building the North Bay 2008 Construction Conference 8:00- 11:30am. (JM attending) Wednesday, 5/21 Bay Area Open Space Council 10th Annual Conference 8am- 4:30pm. Golden Gate Club / San Francisco (JM attending) Wednesday, 5/21 Winzler & Kelly Seminar "Where's the New Water ?" 11:30am- 1:30pm. May 22 — May 25 — Mayor Mackenzie out of Town June 4 -6 League of CA Cities North Bay Division Mayors & Councilmembers Academy- Executive Forum Resort at Squaw Creek / Squaw Valley (Vvm attending) June 5 -6 Bay Area Local Elected Officials Leadership Forum UC Berkeley Campus (JM/TS attending) AGENDA FORECAST Tuesday, May 27, 2008 Council: X Miscellaneous Communications Agenda: 5113108 X smoe -rG Copy to: Pledge Student: Danielle Gardner - Stockton, Student Thomas Page Elementary Sonoma State University Student Report — Heather Hanson, ASI Representative JAKE WILL BE OUT OF STATE MAY 22 -MAY 25 JAKE WILL BE OUT OF STATE JUNE 13 — JUNE 23 Budget Work Session Mayor's Presentation Sara Choi Resolution Chamber of Commerce Update Santa Rosa presentation on the Geysers (Dan Carlson) Consent Calendar Accepting Project and Directing the City Engineer to File Notice of Completion for SCADA System Maintenance and Upgrade Project No. 2006 -16 Accepting Project and Directing the City Engineer to File Notice of Completion for the Booster Pump Station Project No. 2003 -12 Authorization for Bids for the Rohnert Park Various Streets Surface Repair Project, City Project No. 2007 -13 Awarding the Contract to Coast Landscape Management, Inc. for Landscape Maintenance Services — Rohnert Park South Awarding the Contract to Trugreen Landcare, Inc. for Landscape Maintenance Services — Rohnert Park North Authorizing a Job Description and Salary Range for the Position of Supervising maintenance Worker Authorizing and Approving a License Agreement with Sonoma County Office of Education for use of Rohnert Park Community School for Annual Summer Program Individual Items Living Wage — Ben Boyce Amended and Restated Agreement with Rohnert Park Disposal Annual Report on Growth Management Ca1PERS Contract Amendment Council Protocols / Council Benefits Ordinances Adoption. Grading Ordinance Council Committee and /or other Reports Other: ICLEI Local Action Summit 5/14 -16 —Vvm Climate Protection: Everybody Profits IV 5/16 — JM/PS Building the North Bay 2008 Construction Conference 5/20 — JM Bay Area Open Space Council 10" Annual Conference 5/21 — JM Tiger Salamander meeting Community Development Rohnert Park Financing Authority Council: X Miscellaneous Communications Agenda: 5113108 X 5/7/08 -TG Copy to: COMMUNITY DEVELOPMENT COMMISSION BILLS FOR APPROVAL May 13, 2008 Checks 4997 - 5007 Dated April 22 - May 6, 2008 $10,137.44 TOTAL $10,137.44 vim pal \ IN C, 2 cn o 5 c� � m w m \ �? o Q Q v F- + O •` a o o V \ �\ t AMMe ,,.. S.. SAWS ii _. 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NO. 2008-07 Council: X .Miscellaneous Communications Agenda: 5113108 X 5/7/08 -TG Copy to: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK COMMISSION AGENDA ITEM TRANSMITTAL REPORT May 13, 2008 Community Development Department Brian Goodman, Housing and Redevelopment Assistant May 2, 2008 Purchase of Real Property: 6750 Commerce Boulevard (APN 143 -380- 014) and Directing Staff to Prepare a Request for Proposals (RFP) Requested Commission Action: Approve Resolution authorizing a Purchase Agreement for the City Hall Site Located at 6750 Commerce Boulevard (APN 143 - 380 -014). Summary: On May 7, 2007, the Community Development Commission (CDC) amended its redevelopment plan, thereby updating the projects to be implemented for the period of 2004 -05 through 2008 -09. The adopted redevelopment plan allocated $10,110,000 toward the redevelopment of the City Hall site at 6750 Commerce Boulevard and adjacent properties along Avram Avenue for affordable housing. An additional $1,000,000 was allocated toward the development of a potential mixed -use component within the project. The City of Rohnert Park's General Plan and Zoning Map have designated all of the properties as "High- Density Residential" and planned redevelopment of the sites with affordable housing would be consistent with this. Development of a mixed -use component would require amendments to the General Plan and Zoning Map to permit a commercial component within the development. On February 13, 2007, the CDC approved the issuance of tax allocation bonds which provided non - housing bonds of $37 million (2007R Bond Series) and housing bonds of $27 million (2007H Bond Series). The CDC has allocated funding from the 2007H Bond Series for acquisition of the property. The 2007H Bond is payable and secured by the Housing Fund, which is comprised of 20% of the tax increment revenues allocated to the CDC. The purpose of this fund is to increase, improve and preserve the community's supply of low- and moderate - income housing available at affordable housing costs. The purchase amount has been set using an Appraisal Report performed by a licensed appraiser, Ronald J. Crocker, MAI, CA License No. AG008219. This report is available for viewing at the Housing and Redevelopment office. The final purchase price for 6750 Commerce Blvd. is $1,135,000. The 37,500 square foot parcel is currently improved with a 7,450 square foot wood frame office building served by 51 on -site parking spaces. The purchase price is within the limit of funding available from the 2007H Bond Series proceeds. The CDC's Executive Director has successfully negotiated the purchases of both 100 and 120 Avram, and both properties are now held by the CDC. The existing tenants are relocating once their leases expire and both properties should be vacant prior to the end of the calendar year. Staff was authorized to issue a Request for Qualifications (RFQ) for redevelopment of the properties on April 10, 2007 per CDC Resolution 2007 -05. Based on review of the responses received, staff has generated a short list of three firms that appear qualified to undertake the project: Bridge Housing, Burbank Housing and Sherman Associates. Should the CDC decide to move forward with the acquisition, staff will prepare a Request for Proposals (RFP) for the CDC's review at a future meeting. This RFP would subsequently be provided to the three finalists and proposals received would be used to select the preferred developer. Enclosures: - Resolution - Purchase and Sale Agreement GENERAL COUNSEL'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the General Counsel. EXECUTIVE DIRECTOR'S RECOMMENDATION: (2�1 Consent Item ( ) Regular Time (247pproval ( ) Public Hearing Required ( ) Not Recommended ( ) Submitted with Comment ( ) Policy Determination by Council ( ) City Comments: Vr—L— Executive Director's Signature: Date: RESOLUTION NO. 2008-07 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK, APPROVING A COOPERATION, REIMBURSEMENT, AND PURCHASE AND SALE AGREEMENT WITH THE CITY OF ROHNERT PARK FOR THE ACQUISITION OF PROPERTY LOCATED AT 6750 COMMERCE BOULEVARD (ASSESSOR'S PARCEL NUMBER 143 - 380 -015) AND AUTHORIZING THE COMMUNITY DEVELOPMENT COMMISSION'S EXECUTIVE DIRECTOR TO EXECUTE THE AGREEMENT WHEREAS, the City of Rohnert Park ( "City") owns certain real property located within the Redevelopment Project Area boundaries described as Assessor's Parcel Number 143- 380 -015, located at 6750 Commerce Boulevard ( "Old City Hall Site "); WHEREAS, the City's General Plan has designated 6750 Commerce as high - density residential, and planned redevelopment of the site is consistent with the City's General Plan; WHEREAS, on May 7, 2007, the Community Development Commission ( "CDC ") amended its redevelopment plan which updated the projects to be implemented for the period of 2004 -05 through 2008 -09; WHEREAS, the adopted redevelopment plan allocated $10,110,000.00 toward the redevelopment of the Old City Hall Site and other sites including 100 and 120 Avram Avenue with an additional $1,000,000.00 designated for the development of a mixed -use component; WHEREAS, pursuant to section 33640 et seq. of the California Health and Safety Code, the CDC has issued bonds, with a portion of these proceeds to be used for the purpose of increasing, improving and preserving the community's supply of low -and moderate - income housing available at affordable housing costs; WHEREAS, on February 13, 2007, the CDC approved the issuance of tax allocation bonds which provided non - housing bonds of $37 million (2007R Bond Series) and housing bonds (2007H Bond Series) of $27 million; WHEREAS, the CDC desires to use 2007H Bond Proceeds to purchase the Old City Hall Site from City for subsequent transfer to an affordable housing developer pursuant to an anticipated disposition and development agreement; WHEREAS, the execution of the purchase agreement is consistent with the CDC's redevelopment plan and is consistent with the intended use of housing bond proceeds; and WHEREAS, the one million, one hundred thirty-five thousand dollar purchase price ($1,135,000.00) is within the funding of the tax allocation bonds. NOW THEREFORE BE IT RESOLVED, that the Community Development Commission of the City of Rohnert Park approves the Cooperation, Reimbursement, and Purchase and Sale Agreement and authorizes its execution by the Executive Director in substantially the similar form of the agreement attached hereto and incorporated herein„ subject to any minor, clarifying and /or conforming changes as may be approved by counsel. BE IT FURTHER RESOLVED that the Executive Director is hereby authorized and directed to sign and execute any and all documents necessary to complete the purchase of the property. DULY AND REGULARLY ADOPTED this 13th day of May, 2008. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK Chairperson ATTEST: Secretary COOPERATION, PURCHASE AND SALE AGREEMENT (Old City Hall Site) This Cooperation, Purchase and Sale Agreement ( "Cooperation Agreement ") is made and entered into on this day of May, 2008 ( "Effective Date ") by and between the Community Development Commission of the City of Rohnert Park, a public body corporate and politic ( "Commission ") and the City of Rohnert Park, a California municipal corporation ( "City "). RECITALS A. City has adopted the Rohnert Park Community Development Project ( "Redevelopment Project ") pursuant to the Redevelopment Plan therefor adopted by Ordinance No. 479 of the City Council of City on July 14, 1987 ( "Redevelopment Plan "), as amended, incorporated herein by reference. B. Pursuant to section 33640 et seq. of the California Health and Safety Code, Commission has issued bonds, which bond proceeds are intended for the purposes of increasing, improving and preserving the community's supply of low -and moderate- income housing available at affordable housing costs ( "2007H Bond Proceeds "). C. City owns certain real property located within the Redevelopment Project area boundaries at 6750 Commerce Boulevard, Rohnert Park, California, APN 143- 380 -015 as more particularly described in Exhibit A attached hereto and incorporated by reference ( "Property "). D. Commission desires to use the 2007H Bond Proceeds to purchase the Property from City for subsequent transfer to an as -yet unidentified affordable housing developer pursuant to an anticipated disposition and development agreement, for development of affordable housing in furtherance of Redevelopment Plan goals and in accordance with permitted uses of the 2007H Bond Proceeds. E. Pursuant to their general powers and section 33220 of the California Health and Safety Code, Commission and City desire to enter into this Cooperation Agreement to cooperate in Commission's acquisition of the Property in furtherance of the goals of the Redevelopment Plan, and to set forth the terms and conditions of such acquisition. AGREEMENT 1. Offer to Purchase; Acceptance. Commission hereby offers to purchase the Property under the terms and conditions set forth in this Cooperation Agreement, and City hereby accepts such offer. 2. Terms. 1092030v1A 80078/0022 (a) Purchase Price. The purchase price for the Property shall be $1,135,000 ( "Purchase Price "). The Purchase Price is based on the fair market value appraisal of the Property prepared by The Crocker Company dated April 18, 2007 with a valuation date of March 5, 2007. Attached hereto as Exhibit B and incorporated by reference are appraisal excerpts which address the conclusion of value. (b) Closing; Costs. Closing costs shall be paid by Commission. (c) Prorations. Prorations of assessments and other charges attributable to the Property, if any, shall be prorated,as of the Closing of Escrow based on a 365 -day year. 3. Escrow and Closing. (a) Escrow Account. Commission has opened escrow number 142649 ( "Escrow ") with North Bay Title Company located at 431 E Street, Santa Rosa CA 95404, (707) 526 -2000 (Attention: Patti Billing) ( "Escrow Holder ") for conveyance of the Property to Commission. (b) Title Report. Escrow Holder's title insurer ( "Title Company ") shall deliver to each City and Commission a standard preliminary title report ( "Report ") with respect to the title of the Property, together with legible copies of the documents underlying the exceptions ( "Exceptions ") set forth in the Report. Commission shall have the right to approve or disapprove the Report and any Exceptions. (c) Escrow Deposits. In connection with the Escrow, Escrow Holder has received or shall receive the following: i. From Commission: A. This Cooperation Agreement executed by all parties; B. The Purchase Price in immediately available U.S. funds; C. The Final Closing Statement (defined below); D. An original Certificate of Acceptance duly executed on behalf of Commission and acknowledged in the form of Exhibit D; E. Funds sufficient to pay recording costs, escrow fees, and title insurance premiums pursuant to Section 2(b) hereof, and F. Funds sufficient to pay those prorations, taxes, and other amounts chargeable to, or to be paid by, Commission pursuant to Section 2(c) hereof. ii. From City: 1092030v1A 80078/0022 A. A duly executed and acknowledged grant deed transferring ownership of the Property to Commission ( "Grant Deed ") in the form of Exhibit D; B. Funds sufficient to pay those prorations, taxes, and other amounts chargeable to, or to be paid by, City pursuant to Section 2(c) hereof. (d) Close of Escrow. Escrow shall close as soon as practicable after satisfaction of the following conditions. If such conditions are not satisfied within 120 days after the Effective Date, Escrow Holder shall return all Escrow deposits to the depositing party and Escrow shall be terminated, except as otherwise mutually agreed by the parties. Deposit into Escrow of the foregoing items; ii. Written Commission approval of the Report and Exceptions; iii. Satisfaction of both California Government Code section 65402 and the Surplus Lands Act (California Government Code §§ 54220 et seq.) (collectively, "Government Code Sections "); and iv. Satisfaction of other applicable laws and governmental requirements. (e) Title Insurance. Concurrently with recordation of the Grant Deed, Title Company shall issue to Commission a CLTA owner's policy of title insurance ( "Title Policy "), together with such endorsements as are reasonably requested by Commission, in the amount of the Purchase Price and insuring that title to the Property is vested in Commission. Escrow Holder shall provide Commission with a copy of the Title Policy. (f) Escrow Instructions. This Cooperation Agreement shall serve as joint escrow instructions. The parties may execute supplemental escrow instructions in furtherance of this Cooperation Agreement. 4. Effectiveness. City must satisfy the Government Code Sections before any portion of this Cooperation Agreement becomes fully effective, notwithstanding Council approval of this Cooperation Agreement, or City's and /or Commission's signature hereto. In addition, satisfaction of the Government Code Sections is a condition precedent to execution of the Grant Deed and Close of Escrow. The purchase and sale transaction contemplated under this Cooperation Agreement is categorically exempt from the California Environmental Quality Act, California Public Resources Code sections 21000 et. seq. ( "CEQA ") pursuant to CEQA guidelines section 15312 (Surplus Government Property Sales). 5. Commission and City Approvals and Actions. Whenever a reference is made herein to an action or approval to be undertaken by Commission, the Executive Director of Commission or his/her designee is authorized to act on behalf of Commission unless 1092030v1A 80078/0022 3 specifically provided otherwise or the context should require otherwise. Whenever a reference is made herein to an action or approval to be undertaken by the City, the City Manager of the City or his or her designee is authorized to act on behalf of the City unless specifically provided otherwise or the context should require otherwise. The City Manager and Executive Director shall have the authority to issue waivers and /or enter into amendments to this Cooperation Agreement on behalf of the City and Commission, respectively, City so long as such actions do not materially or substantially change the terms of this Cooperation Agreement and such waivers and/or amendments may include extensions of time to perform obligations hereunder. Any other material or substantive waivers of or amendments to this Cooperation Agreement shall require the consideration, action and written consent of the City and Commission. 6. Miscellaneous. This Cooperation Agreement is made and entered into in the State of California and shall be interpreted, construed and enforced in accordance with the laws of the State of California without reference to its choice of laws rules. If any provision of this Cooperation Agreement is declared invalid or is unenforceable for any reason, that provision shall be deleted from the document and shall not invalidate any other provision contained in the Cooperation Agreement. The word "including" shall be construed as if followed by the words "without limitation." This Cooperation Agreement shall be interpreted as though prepared jointly by both parties. Nothing contained herein nor any acts of the parties hereto shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture by the parties hereto or any relationship other than the relationship of City and Commission. Nothing herein is intended to create any third party benefit. Each individual or entity executing this Cooperation Agreement represents and warrants that he or she or it is duly authorized to execute and deliver this Cooperation Agreement on behalf of his, her, or its respective party and that such execution is binding upon such party. The recitals to this Cooperation Agreement and all exhibits attached to this Cooperation Agreement are hereby incorporated by reference as though fully restated herein. This Cooperation Agreement contains the entire and final agreement between the parties hereto, and contains all of the terms and conditions agreed upon, and no other agreements, oral or otherwise, regarding the subject matter hereof shall be deemed to exist or to bind the parties hereto, it being the intent of the parties that neither of them shall be bound by any terms, conditions, or representations not herein written. [Signatures follow on next page/ 1092030v1A 80078/0022 4 IN WITNESS WHEREOF, Commission and City have executed this Cooperation Agreement as of the Effective Date. Dated: ATTEST: Commission Secretary APPROVED AS TO FORM: General Counsel COMMISSION: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK, a public. body corporate and politic By: Name: Title:. [Signature must be notarized] CITY: THE CITY OF ROHNERT PARK, a California municipal corporation Dated: By :_ Name: Title: [Signature must be notarized] ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 1092030v1A 80078/0022 5 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY DESCRIPTION: The land referred to herein is situated in the State of California, County of Sonoma, City of Rohnert Park, and is described as follows: PARCEL ONE: LOT 1, AS SHOWN UPON THE MAP OF ROHNERT PARK SUBDIVISION NO. 9, UNIT A, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SONOMA COUNTY; CALIFORNIA, ON JULY 13, 1966 IN BOOK 1.07 OF MAPS, PAGE 46. EXCEPTING THEREFROM THE.NORTHERLY 109.36 FEET, FRONT AND REAR MEASUREMENTS. PARCEL TWO: A RIGHT OF WAY FOR PARKING AND LANDSCAPING PURPOSES OVER AND ACROSS THE FOLLOWING DESCRIBED LAND: ALL THAT REAL PROPERTY LYING WITHIN RANCHO COTATI, AND BEING A PORTION OF THE LANDS DESCRIBED IN THE DEED TO DAVID ROSENBERG AND OTHERS, DATED MARCH 3, 1967 AND RECORDED MARCH 7,1967 IN BOOK 2256 OF OFFICIAL RECORDS, PAGE 916, SERIAL NO. K- 29477, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF LOT 1 OF ROHNERT PARK SUBDIVISION NO. 9, ACCORDING TO THE MAP THEREOF FILED FOR RECORD ON JULY.13, 1.966 IN BOOK 107 OF MAPS, PAGE 46, DISTANT SOUTH 0° 06' 24" EAST, 109.36 FEET FROM THE NORTHEAST CORNER OF LOT 1; THENCE CONTINUE ALONG THE EAST LINE OF LOT 1, SOUTH 0° 06' 24" EAST, 175.32 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1, AND A POINT ON THE NORTHERLY LINE OF ARTHUR AVENUE: THENCE ALONG THE NORTHERLY LINE OF ARTHUR AVENUE, NORTH 890 53' 36" EAST, 20.00 FEET; THENCE NORTH 0° 0& 24" WEST, 175.32 FEET; THENCE SOUTH 890 53'36 WEST, 20.00 FEET TO THE POINT OF BEGINNING. APN: 143- 380 -015 Page 3 Order No.: 56201- 62244550 -CEH EXHIBIT B APPRAISAL EXCERPTS the. crocker.com any ronold jay crocker MAI, SRA April 18, 2007 Via Hand DeliveN Cas Ellena Housing & Redevelopment Manager City of Rohnert Park 6750 Commerce Boulevard Rohnert Park, CA 94928 Re: 6750 Commerce Boulevard Rohnert Park, CA 94928 Dear Ms. Ellena: linda domell crocker JD Pursuant to the Agreement for Services last executed February 22, 2007, the crocker,company has completed an appraisal of the above - referenced real property, an existing administrative office building comprising approximately ±7,450 square feet of gross and rentable building area situated on an approximately ±37,500 square foot site, in the east central section of the city of Rohnert Park in Sonoma County, California. The subject property is more fully described in the attached report. Based on the physical inspection of the subject property, which was conducted on March 5, 2007, and the subsequent research and analysis, the concluded opinion of market value of the fee simple interest in the subject under the indicated appraisal premises, subject to the assumptions and conditions of value herein, as of the valuation date of March 5, 2007, is as follows: Value As Is ONE MILLION ONE HUNDRED THIRTY -FIVE THOUSAND DOLLARS ($1,135,000) Value As though Vacant NINE HUNDRED THIRTY -EIGHT THOUSAND DOLLARS ($938,000) The above Value as though Vacant is based on the hypothetical condition that the subject is vacant land with no improvements as of the effective valuation date, which it was not. The Client is aware of and understands that the concluded opinion of Value as though Vacant may be affected by use of this hypothetical. voice 707.538.7771 fax 707.538.7779 - email realprop@thecrockerecom 4171 old vineyard lane santo rosa ca 95404 -1330 www.thecrockerecom Cas Ellena Page 2 April 18, 2007 The attached Summary Appraisal Report was prepared in conformance with the appraisers' understanding of the requirements of the current Uniform Standards of Professional Appraisal Practice (USPAP) adopted by the Appraisal Standards Board of the Appraisal Foundation. Further, the opinions of value stated herein are subject to the Statement of Assumptions and Limiting Conditions and Certifications and the special Conditions of Value stated in the Property Summary and Conclusion of Value contained within this report. The attached appraisal report contains 74 pages plus a 30 -page Appendices. Should you have any further questions regarding the subject real property, please do not hesitate to contact us. Very truly yours, P,,�(z7z onald J. Croc r, MAI, SRA CA License Number AG008219 License Expiration: 12.08.08 RJC/LDC: at Attachment Linda Damell Cr cker, JD CA OREA License Number AG008275 License Expiration: 1.14.09 the crocker.company 6750 Commerce Boulevard Rohnert Park CA 94928 the crocker.company PROPERTY SUMMARY AND CONCLUSIONS OF VALUE CONDITIONS OF VALUE The concluded opinions of market value are conditioned upon the Statement of Assumptions and Limiting Conditions and Certifications, attached, and the following special conditions of value. ❑ The subject is appraised based on a site size of ±37,500 square feet, pursuant to information provided by the Sonoma County Assessor's Office. Should there be a material change in the subject's site size based on data available subsequent to the effective valuation date, the crocker.company expressly reserves the right to amend the concluded opinions of value ❑ The value indicator developed in the Cost Approach under the As Is appraisal premise is based on the hypothetical condition that the subject carries an Office Commercial orequivalent zoning in which office use is allowed as of right, in consonance with the general plan, and consistent with the theory of highest and best use for the subject as currently improved. ❑ The concluded opinion of market value under the As Is appraisal premise is predicated on the extraordinary assumption that the City of Rohnert Park has completed a minor lot line adjustment along the subject's northerly boundary in order to provide adequate ingress /egress to the subject site and to eliminate any potential building encroachments. An Environmental Site Assessment (ESA) was not provided for this assignment. The concluded opinions of market value are predicated on the extraordinary assumption that there exists neither on the subject property nor adjacent properties any known or unknown soils or groundwater contamination, chemical wastes, toxic molds, toxic wastes, or other hazardous building materials, or hazardous substance releases of any kind that would adversely impact the subject's utility and /or market value. ❑ Recent soils, hydrology, or geotechnical studies on the subject site were not provided for this assignment. The concluded opinions of value are predicated on the extraordinary assumption that the subject site is capable of development in compliance with the City of Rohnert Park land use documents, policies, and regulations; and, further, that there exist no jurisdictional wetlands, endangered species or biotic resources that would adversely impact the subject's utility and /or its market value. ❑ A building inspection report was not provided for this assignment. The concluded opinion of market value under the As Is appraisal premise is predicated on the extraordinary assumption that the subject improvements are structurally sound. ❑ The improvement sketch of the subject is provided as a visual representation of the building as configured as of the valuation date. The measurements are approximate and no warranty is made as to the precise building dimensions. This building sketch is intended solely for use by the client herein, is not to be relied upon by any other unintended users for any purpose. ❑ The.concluded opinion of market value under the As though Vacant appraisal premise is predicated on the hypothetical condition that the subject is vacant land ready for development to its highest and best use under its current zoning, with existing structures removed or demolished in compliance with industry standards. 07- 719- 32/City of Rohned ParklClty Hall Property 4 EXHIBIT C GRANT DEED (following two pages] Recording Requested by and After Recordation Mail to: Community Development Commission of the City of Rohnert Park 6750 Commerce Boulevard Rohnert Park, CA 94928 -2486 Attention: Executive Director This document is exempt from the payment of a recording fee pursuant to Government Code §27383, and exempt from transfer tax per Revenue & Transfer Code § 11922] For valuable consideration, the receipt of which is hereby acknowledged, the CITY OF ROHNERT PARK, a California municipal corporation hereby grants to the Community Development Commission of the City of Rohnert Park, a public body corporate and politic, the real property located in the City of Rohnert Park, California, described in Attachment No. 1 attached hereto. Dated: , 2008 CITY OF ROHNERT PARK, a California municipal corporation By: Print Name: [Signature must be notarized] APPROVED AS TO FORM: City Attorney ATTACHMENT NO. 1 LEGAL DESCRIPTION OF PROPERTY DESCRIPTION: The land referred to herein Is situated in the State of California, County of Sonoma, City of Rohnert Park, and is described as follows: PARCEL ONE: LOT 1, AS SHOWN UPON THE MAP OF ROHNERT PARK SUBDIVISION NO. 9, UNIT A, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SONOMA COUNTY, CALIFORNIA, ON JULY 13, 1966 IN BOOK 107 OF MAPS, PAGE 46. EXCEPTING THEREFROM THE NORTHERLY 109.36 FEET, FRONT AND REAR MEASUREMENTS. PARCEL TWO: A RIGHT OF WAY FOR PARKING AND LANDSCAPING PURPOSES OVER AND ACROSS THE FOLLOWING DESCRIBED LAND: ALL THAT REAL PROPERTY LYING WITHIN RANCHO COTATI, AND BEING A PORTION OF THE LANDS DESCRIBED IN THE DEED TO DAVID ROSENBERG AND OTHERS, DATED MARCH 3, 1967 AND RECORDED MARCH 7,1967 IN BOOK 2256 OF OFFICIAL RECORDS, PAGE 916, SERIAL NO. K- 29477, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF LOT 1 OF ROHNERT PARK SUBDIVISION NO. 9, ACCORDING TO THE MAP THEREOF FILED FOR RECORD ON JULY. 13, 1966 IN BOOK 107 OF MAPS, PAGE 46, DISTANT SOUTH 0° 06'24- EAST, 109.36 FEET FROM THE NORTHEAST CORNER OF LOT 1; THENCE CONTINUE ALONG THE EAST LINE OF LOT 1, SOUTH 00 06'24" EAST, 175.32 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1, AND A POINT ON THE NORTHERLY LINE OF ARTHUR AVENUE: THENCE ALONG THE NORTHERLY LINE OF ARTHUR AVENUE, NORTH 890 53' 36" EAST, 20.00 FEET; THENCE NORTH 00 06' 24" W EST, 175.32 FEET; THENCE SOUTH 890 53' 36" WEST, 20.00 FEET TO THE POINT OF BEGINNING. APN: 143- 380 -015 Page 3 Order No.: 56201 - 62244550 -GEH EXHIBIT D CERTIFICATE OF ACCEPTANCE [following one page] CERTIFICATE OF ACCEPTANCE This is to certify that the fee interest in real property conveyed by Grant Deed dated , 2008, from the City of Rohnert Park, a California municipal corporation, as grantor, to the Community Development Commission of the City of Rohnert Park ( "Commission "), a public body corporate and politic, as grantee, is hereby accepted by the Executive Director pursuant to authority conferred by Resolution No. of the Commission Board adopted on , 2008, and the Commission, as grantee, consents to recordation of said Grant Deed. 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