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casino in the North Las Vegas mater- planned community of Aliante and a 58 acre parcel
off Tropicana Boulevard west of Interstate 15.
In connection with the take - private offer, Station assumed $3.4 billion in debt.
Five separate debt issuances aggregating $2.5 billion are traded on the public markets.
As of October 13, those issues were priced in the range of 16.375 cents on the dollar for
senior subordinated notes due 2009, to a high of 37.875 cents on the dollar for senior
unsecured debt due 2011. Given the coupon levels of this debt, this translates to yields
ranging from 15.84% to 42 %. However, this debt is not priced with a yield as it is being
traded as "distressed" debt.
Moody's Investor Services downgraded Station's credit rating once in July, and
again in October. Standard & Moor's downgraded Station's rating in September.
As reported by the rating agencies, the problem is that Stations currently does tint
have sufficient cash (known as liquidity) to sustain its current operations. Both Moody's
and Standard & Poor's predict covenant defaults on Station's bonds in the near future.
Moreover, Standard & Poor's acknowledges that the United Auburn contract will expire
soon and stages that even though Station's has several more projects in the pipeline, "the
timing and ability to_raise f nds_tct_ coniplete these _projects is unclear." Standard &
Poor's notes that "the failure to make substantial progress toward replacing [the Auburn]
source of cash flow could also result in rating downside pressure over `'the immediate
term."
Both Moody's and Standard & Poor's recognize five primary issues related to
Station's poor financial condition. Their reports cite Station's highly leveraged financial
profile (too much debt), limited liquidity (no cash), high probability of covenant default
in the near future (not meeting financial conditions required by the debt holders),
potential unavailability to draw under existing lines of credit, due to covenant default
(can't borrow) and continuing challenges in market conditions due to economic
conditions (business outlook is not good due to the economy and hitting Las Vegas
especially hard). .
In Moody's words, "Las Vegas continues to report larger than expected declines
in ganging revenues. Given the pace of deterioration in the market, continued economic
stress in the Las Vegas economy along with high debt levels incurred to finance its
leveraged buyout, Stations consolidated credit metrics are expected to weaken more than
expected just a. few months ago.
'The August 25, 2008 edition of Financial Week reports that Station Casino's may
be considering a delft exchange. Debt exchanges are a means by which "cash strapped
companies struggling with the weak econotny" can extend the maturities on their bonds.
"This can be a tool to avoid bankruptcy," said John Fenn, an analyst at Citigroup.
"[D]ealing with liquidity problems - -... Station Casinos-- -ha[s] signaled that it may be
considering a debt exchange." "'T'hough an exchange can keep a company out of
bankruptcy, it conies with a price in terms of higher interest rates." "Station Casinos has
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RESOLUTION NO. 2008-169
Council:
X
Miscellaneous
Communications
Agenda: 10128/08
X
10/22/08 -TG
Copy to:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
REJECTING THE CLAIM OF
Tavita Poti
(alleged injury to child from raised sidewalk)
BE IT RESOLVED by the City Council of the City of Rohnert Park
that that Claim for alleged damages dated September 9, 2008 and received
September 23, 2008, is hereby rejected.
DULY AND REGULARLY ADOPTED this 281h dgy of October, 2008
CITY OF ROHNERT PARK
Mayor
ATTEST:
City Clerk
Claim No. 2008 -16
Resolution No. 2008 -170
Approving and Adopting the
Plans &Specifications for the
Tanks 3 and 4 Interior Recoating
and Cathodic Protection, City
Project No. 2005 -01 and
Awarding the Contract to Quality
Painting &Maintenance
114MI N N =1 C
TO THE NOVEMBER 10, 2008,
CITY COUNCIL MEETING
Meeting Date:
Department:
Submitted By:
Submittal Date:
Agenda Title:
RESO. NO. 2008-171
Council:
X
Miscellaneous
Communications
Agenda: 10/28/08
X
10/22/08 -TG
Copy to:
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
October 28, 2008
Community Development
Brian Goodman, Housing & Redevelopment Assistant
October 22, 2008
Resolution Authorizing an Amendment to the Affordable Housing Agreement for
Watt Communities at CentreVille LLC for the CentreVille Project
Requested Council Action: Approve Resolution authorizing the First Amendment to the Affordable
Housing Agreement for Watt Communities at CentreVille LLC releasing affordability restrictions against
unsold Moderate Units at the CentreVille Project in exchange for a release payment by the developer.
Summary: The City Attorney's office has prepared a First Amendment to the Affordable Housing
Agreement between the City of Rohnert Park and Watt Communities at CentreVille LLC ( "First
Amendment "). The First Amendment and a City Council Resolution approving the First Amendment are
attached as Attachments A and B, respectively, and are hereby respectfully submitted for the City
Council's review and consideration. This First Amendment represents a proposal by Watt Communities
at CentreVille LLC ( "Watt Communities ") as developer of the CentreVille project located at the
northwest corner of State Farm Drive and Padre Parkway ( "CentreVille Project ") that the affordability
restrictions on the six (6) unsold moderate income units ( "Moderate Units ") be permanently released in
exchange for payment by Watt Communities of $20,553 in release funds per unit, for a total of $123,318.
Watt Communities' letter to the City is attached as Attachment C. The First Amendment sets out
procedures for the release payment and release of affordability restrictions as follows: (a) release funds
would be paid incrementally, upon close of escrow for each unit as it is sold, and (b) a quitclaim deed (or
similar instrument) releasing the affordability restrictions would be recorded concurrently with close of
escrow. The release funds would be deposited into the Housing Trust Fund and used to preserve, improve
and increase Rohnert Park's supply of low and moderate income housing.
The First Amendment sets time limits on release of the affordability restrictions, in that Watt
Communities must have opened escrow on each of the Moderate Units within six (6) months after the
execution of the First Amendment, and escrow must have closed on all of the Moderate Units within nine
(9) months after the execution of the First Amendment. Generally, if Watt Communities does not meet
the first timeframe as to any Moderate Unit, the City's agreement to release the affordability restrictions in
exchange for a release payment will be null and void as to that Moderate Unit; if Watt Communities
meets the first timeframe but does not meet the second timeframe as to any Moderate Unit, the City's
agreement to release the affordability restrictions in exchange for a release payment will be null and void
as to any Moderate Units remaining unsold at the end of the nine (9) month period. However, it is
important to note that the First Amendment does allow for the City Manager to (a) extend these
timeframes, and (b) negotiate other, minor changes to the First Amendment, at his /her discretion.
Staff feels that the proposal submitted by Watt Communities is a reasonable alternative equivalent action,
given current housing market conditions and the specific circumstances that have adversely affected Watt
Communities' ability to sell the Moderate Units. As such, Staff recommends that the Council adopt the
proposed First Amendment.
Background: The CentreVille Project was approved in 2003 to allow the development of up to seventy -
six (76) units on property located at the northwest corner of State Farm Drive and Padre Parkway
(Planning Commission Resolution 2003 -39). In compliance with the City's Inclusionary Housing
Ordinance and Condition of Approval #4 for the CentreVille Project, at least twelve (12) of the units were
1140099v 1 C 80078/0022
required to be sold to low- and moderate - income households. A low- income household is defined as one
earning up to 80% of Area Median Income (AMI) and a moderate - income household is defined as one
earning up to 120% of the AMI, based on income levels published annually by the United States
Department of Housing and Urban Development (HUD) for Sonoma County. Six (6) of the Centreville
units were reserved for sale to low- income households and six (6) were reserved for moderate - income
households. All of the units reserved for low income households were provided by Watt Communities
and sold to low- income households, and are not at issue here.
The Affordable Housing Agreement dated October 25. 2005 between the City of Rohnert Park and Watt
Communities at CentreVille LLC ( "Affordable Housing Agreement ", attached as Attachment D) was
recorded against all Moderate Units (and the remainder of the applicable property) on November 21, 2005
and currently requires that a Refinance and Resale Limitation Agreement and Option to Purchase
( "Resale Limitation Agreement "), attached as Exhibit D to the Affordable Housing Agreement, be
recorded against each Moderate Unit at close of escrow on each such unit. This Resale Limitation
Agreement is designed to protect future affordability of the Moderate Units and, among other things,
contains affordability restrictions that are to be in place for a minimum period of thirty (30) years, and
caps the maximum allowable resale price to percentage increase(s) in the AMI, with the maximum resale
price calculated using the actual purchase price. The maximum Affordable Sales Price for the Moderate
Units is based on the maximum purchase price affordable to the specified targeted income household (i.e.
120% of median income for a moderate income household). The maximum monthly housing payment is
equal to or less than one - twelfth (1/12) of thirty percent 30% of the total annual household income,
assuming a 10% down payment and an interest rate of 6 %. This maximum payment includes the
principal, interest, property taxes, homeowner's insurance and homeowner's association dues paid on a
monthly basis.
The Moderate Units are two bedroom units, with the maximum sales price calculated using a three person
household income. The first units within CentreVille were originally marketed in 2006, when the
applicable income was $81,100 for moderate income households. Using the 2006 HUD income levels,
the maximum sales price for the each Moderate Unit was $284,317. These figures are not static and will
vary as conditions change (e.g. interest rates, HUD income limits, association dues etc.). The Moderate
Units currently remain unsold. Based on the most recent income guidelines for 2008, the maximum
allowable sales price for each of these moderate units is $295,571. The Moderate Units have most
recently been listed through the Multiple Listing Service (MLS) for $183,000.
The Centreville sales office has indicated that potential buyers are wary of the Moderate Units resale
restrictions and that many moderate income buyers can qualify for comparable market rate units without
resale restrictions. The CentreVille sales office has also indicated that market rate units are thus
financially accessible, and more attractive, to qualified moderate income buyers who wish to capture all
of the appreciation equity on their properties, a goal currently restricted by the Resale Limitation
Agreement. Another factor that has contributed to Watt Communities' inability to sell the Moderate
Units is the difficulty potential buyers have experienced in their efforts to obtain financing. Banks have
recently become increasingly stringent in their lending practices, and according to the sales office at
CentreVille this is particularly true for condominiums and townhomes. The sales office at CentreVille
also indicated that banks are requiring a larger down payment for condominiums and townhomes, and
particularly for affordable units with resale restrictions. These types of units are considered higher loan
risks than detached single family dwellings, which compounds the challenges for potential Moderate Unit
buyers to secure financing.
Both the Affordable Housing Agreement with Watt Communities and the Refinance and Resale
Limitation Agreement and Option to Purchase contain provisions to allow for the release of the
affordability restrictions in the event that the units remain unsold. Section 1.3 of the Affordable Housing
Agreement allows Watt Communities to petition the City Council to consider an "alternative equivalent
action" in accordance with the requirements of the Inclusionary Housing Ordinance. Per the Ordinance, a
developer may propose an "alternative equivalent action ", subject to review and approval by the City
Council. While the Ordinance lists examples of an "alternative equivalent action" as: donation of vacant
land suitable for a non -profit housing developer, transfer of inclusionary unit credits, construction of
affordable units on another site or enforcement of required rental /sales price restrictions on existing
1140099v I C 80078/0022
market -rate dwelling units consistent with this section and development of second dwelling units,
however the Ordinance also expressly states that developers are not limited to those items. For any
"alternative equivalent action," even the listed examples, the developer must show how the alternative
would further affordable housing opportunities in Rohnert Park to an equal or greater extent than actually
providing the affordable units. Any proposed "alternative equivalent action" shall be considered by the
City Council on a case -by -case basis, and may be approved at the City Council's discretion if it
determines that the alternative will further affordable housing opportunities in Rohnert Park to an equal or
greater extent than actually providing the affordable units.
Enclosures:
Attachment A: First Amendment
Attachment B: Resolution
Attachment C: Watt Communities letter to City dated September 29, 2008
Attachment D: Affordable Housing Agreement
GENERAL COUNSEL'S REVIEW:
Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney.
EXECUTIVE DIRECTOR'S RECOMMENDATION:
Consent Item ( ) Regular Time
'Approval O Public Hearing Required
( ) Not Recommended () Submitted with Comment
( ) Policy Determination by Council
( ) City Comments: -7
Executive Director's Signature: Date:
1140099v1C 80078/0022
RESOLUTION NO. 2008 -171
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA, APPROVNG THE FIRSTAMENDMENT TO THE AFFORDABLE
HOUSING AGREEEMENT BETWEENTHE CITY OF ROHNERT PARK ANDWATT
COMMUNITIES AT CENTRE VILLE LLC FOR THE CENTRE VILLE PROJECT
WHEREAS, the City's Inclusionary Housing Ordinance requires that all new for -sale
residential projects reserve a minimum of 15 percent of the total dwelling units to be affordable
to low- and moderate - income households;
WHEREAS, the "CentreVille Project" was approved in 2003 to allow up to 76 units on
property located at the northwest corner of State Farm Drive and Padre Parkway (PL2002 -046
RZ /UP /SR);
WHEREAS, Condition #4 of the Project's approval requires that at least twelve (12) of
the units be reserved for sale to low- and moderate - income households for a minimum period of
30 years;
WHEREAS, Condition #4 of the Project's approval further states that an affordable
housing agreement shall be prepared to indicate the standards for maximum qualifying
household incomes for the affordable units, the party responsible for verifying incomes, how
vacancies will be marketed and sold, restrictions binding on the property upon sale or transfer,
maintenance provisions, and any other information required by the City to comply with the
conditions of approval for the Project;
WHEREAS, on October 25, 2005 the City Council of the City of Rohnert Park adopted
Resolution 2005 -319 approving an Affordable Housing Agreement with Watt Communities at
CentreVille LLC for the CentreVille Project, satisfying the requirement of Condition #4
( "Affordable Housing Agreement ");
WHEREAS, the Affordable Housing Agreement requires that six (6) of the units shall be
affordable to low- income households and six (6) of the units shall be affordable moderate -
income households, as defined in the Affordable Housing Agreement;
WHEREAS, the Affordable Housing Agreement allows Watt Communities to petition
the City Council to consider an "Alternative Equivalent Action" in the event that any of the
affordable units are not under sales contract within six (6) months after the issuance of a
certificate of occupancy, or escrow has not closed on any of the affordable units within nine (9)
months after the issuance of a certificate of occupancy;
WHEREAS, Watt Communities has sold the six (6) low- income units and to date has
been unable to sell any of the six (6) moderate units as each unit is sold;
WHEREAS, Watt Communities has proposed an "Alternative Equivalent Action" in a
letter dated September 28, 2008 which is a payment of $20,553.00 per unit to be paid through
escrow to release the affordability requirements and restrictions on the six (6) moderate units at
the CentreVille Project;
WHEREAS, these funds will be deposited into the housing trust fund which is
designated to preserve, improve and create the City of Rohnert Park's stock of affordable
housing;
WHEREAS, Staff has reviewed Watts' proposal dated September 28, 2008 and
recommends it to be an acceptable "Alternative Equivalent Action" given the current conditions
in the economy and the housing market;
WHEREAS, Staff recommends that the City Council accept Watts' proposal and release
the affordability requirements and restrictions on the six (6) moderate units in exchange for a
$20,553.00 payment per unit;
WHEREAS, the City Attorney's office has prepared a First Amendment to the
Affordable Housing Agreement between the City of Rohnert Park and Watt Communities at
CentreVille LLC for the CentreVille Project ( "First Amendment ");
WHEREAS, Watt Communities must open escrow on any or all of the moderate units
within 6 months after the execution of the First Amendment, and escrow must have closed on
these affordable units within 9 months after the execution of the First Amendment for the City of
Rohnert Park to accept payment to release the affordability restrictions on these six (6) moderate
units; and
WHEREAS, the City Council of the City of Rohnert Park has reviewed and considered
the information contained in the Staff Report and relevant materials regarding the First
Amendment to the Affordable Housing Agreement between the City of Rohnert Park and Watt
Communities at CentreVille LLC for the CentreVille Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that the City Council hereby finds and determines the following:
not occur; and
a. The alternative equivalent action will further the provision of inclusionary
housing in the City to an equal or greater extent than construction of the units;
b. An over - concentration of affordable housing in one area of the city will
C. I The alternative equivalent action will not financially burden the city.
BE IT FURTHER RESOLVED that the City Council does hereby authorize and approve
the First Amendment to the Affordable Housing Agreement between the City of Rohnert Park
and Watt Communities at CentreVille LLC for the CentreVille Project.
BE IT FURTHER RESOLVED that the City Manager and /or his /her designee is hereby
authorized to extend the time for performance of any obligation under the First Amendment and
to negotiate other, minor changes to the First Amendment, at his /her, or his/her designees, sole
discretion.
BE IT FURTHER RESOLVED that the City Manager and /or his /her designee is hereby
authorized and directed to execute the First Amendment to the Affordable Housing Agreement
between the City of Rohnert Park and Watt Communities at Centreville LLC, and execute any
future Amendments necessitated by those changes for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park this 28th day of October, 2008.
ATTEST:
City Clerk
CITY OF ROHNERT PARK
Mayor
FIRST AMENDMENT TO
AFFORDABLE HOUSING AGREEMENT
This FIRST AMENDMENT TO AFFORDABLE HOUSING AGREEMENT ( "First
Amendment ") is entered into by and between THE CITY OF ROHNERT PARK, a municipal
corporation ( "City "), and WATT COMMUNITIES AT CENTREVILLE LLC, a California
limited liability company ( "Developer "), dated as of the date of execution of this First
Amendment by City indicated on the signature page hereof ( "Effective Date ").
RECITALS
A. City, acting to carry out its obligations under Rohnert Park Municipal Code
Section 17.07.020(N) ( "Inclusionary Ordinance "), required that Developer construct twelve (12)
Affordable Units in the Project for sale to low and moderate - income households. Six (6) of the
Affordable Units were to be sold by Developer to Low Income Households ( "Low Income
Units ") and six (6) of the Affordable Units were to be sold by Developer to Moderate - Income
Households ( "Moderate Units "). The location of the Moderate Units is identified, and more
particularly described, in Exhibit A attached hereto.
B. On October 25, 2005, City and Developer entered into that certain Affordable
Housing Agreement ( "Original Agreement ") setting forth Developer's obligations to provide
affordable housing within the Project. The Original Agreement and this First Amendment,
including all exhibits, are collectively referred to herein as the "Agreement."
C. As part of the affordable housing obligations under the Original Agreement, City
procured assurances that the affordable housing would be sold, owned and occupied only by an
Eligible Household, and would be sold only for a price that does not exceed the Affordable
Sales Price pursuant to a Refinance and Resale Restriction Agreement (attached as Exhibit D to
the Original Agreement) ( "Affordability Restrictions ").
D. Developer maintains that the current downturn in the real estate market has made
the sale of the Moderate Units economically infeasible. Thus, Developer has proposed an
"alternative equivalent action" with regard to the Moderate Units which would allow Developer
to provide a release payment per unit in exchange for the release of the Affordability
Restrictions placed on the remaining Moderate Units. Such release payment would be deposited
into the City's Housing Trust Fund.
E. Developer has constructed and marketed the Affordable Units for sale to Eligible
Households within the last two (2) years. The Low Income Units have all sold to Low Income
Households. However, Developer has been unsuccessful in selling the Moderate Units.
F. Pursuant to the City's Inclusionary Ordinance and Section 1.3 of the Original
Agreement, Developer may propose an "alternative equivalent action" which will further
affordable housing opportunities in the City to an equal or greater extent than compliance with
the express requirements of Inclusionary Ordinance subsection 4.a, and that an over
concentration of affordable housing in one area will not occur.
1139620v1A 80078/0022
G. City has determined that Developer's proposed "alternative equivalent action" will
further affordable housing opportunities in the City to an equal or greater extent than
compliance with the express requirements of Inclusionary Ordinance subsection 4.a, and that an
over concentration of affordable housing in one area will not occur.
R C ",itv nnrl Developer have renrherl mrntnnl nvreemant nnr) rlPCira vn}hrntarily to
enter into this First Amendment to set forth the terms of the alternative equivalent action,
subject to the conditions and requirements set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and for other good and
valuable consideration, the receipt and adequacy of which are hereby acknowledged, City and
Developer hereby agree as follows:
1. Recitals; Capitalized Terms; Exhibits. The foregoing recitals are incorporated by
reference into this First Amendment. Capitalized terms used herein, and not otherwise defined,
shall have the meanings given to such terms in the Original Agreement. All exhibits attached
hereto are incorporated by reference as though fully set forth herein.
2. Release of Affordability Restrictions on Moderate Units. Upon satisfaction of the
terms and conditions of this First Amendment and in particular this Section 2, City will release
the Affordability Restrictions as to each Selling Moderate Unit (defined below) for which
Escrow has closed in exchange for $20,553 per unit (each a "Unit Release Payment ") to be paid
to City through Escrow (defined below), for a total of $123,318.
(a) Developer's Obligation to Open Escrow. As to each Moderate Unit,
within six (6) months of the Effective Date, Developer shall open an escrow account ( "Escrow ")
with a title company ( "Title Company" or "Escrow Officer "). Moderate Units for which an
Escrow has been established with a Title Company shall be referred to herein as "Selling
Moderate Units." In the event Developer has not opened Escrow for a Moderate Unit for any
reason whatsoever, this First Amendment shall automatically terminate as to that particular
Moderate Unit, and following such termination the Affordability Restrictions set forth under the
Original Agreement shall continue to apply to that Moderate Unit including any sale thereof,
regardless of when occurring.
(b) Developer's Obligation to Close Escrow. As to each Selling Moderate
Unit, within nine (9) months of the Effective Date, Close of Escrow shall have occurred on the
Sale Transaction. "Sale Transaction" means entry by Developer and a bonafide purchaser into a
valid purchase and sale agreement for a particular Moderate Unit. If Developer has not closed
Escrow on a Sale Transaction for a Moderate Unit for any reason whatsoever, this First
Amendment shall automatically terminate as to that particular Moderate Unit, and following
such termination the Affordability Restrictions set forth under the Original Agreement shall
continue to apply to that Moderate Unit including any sale thereof, regardless of when
occurring.
1 139620v1A 80078/0022
Escrow Instructions.
(a) "Close of Escrow" means (i) the consummation of the Sale Transaction for
each Selling Moderate Unit, (ii) payment of the Unit Release Payment to City for each Selling
Moderate Unit., and (iii) recordation and delivery of the Quitclaim Deed.
(b) Closing Date. Close of Escrow will occur no later than nine (9) months
after the Effective Date. The "Closing Date" shall mean the date on which Close of Escrow
occurs.
(c) Developer Deposit of First Amendment into Escrow. Within five (5) days
of opening Escrow for the sale of a Selling Moderate Unit, Developer shall deliver into Escrow
a true and correct copy of this First Amendment. Within three (3) business days after receipt of
this First Amendment, the Title Company shall execute a "Consent by Title Company" attached
hereto as Exhibit C, and shall notify the parties of the date of such receipt.
(d) City Deposit of Quitclaim Deed into Escrow. Prior to Close of Escrow for
each Selling Moderate Unit, City shall deliver into Escrow an executed and acknowledged
quitclaim deed ( "Quitclaim Deed ") in a form of Exhibit B attached hereto, which quitclaims any
and all interest in the Original Agreement recorded against the applicable Selling Moderate
Unit. City shall not deposit any funds into Escrow. Funds for the Unit Release Payment
applicable to each Selling Moderate Unit will come from proceeds of the Sale Transaction.
Developer must deposit any additional funds into Escrow as are necessary to satisfy the Unit
Release Payment for each Selling Moderate Unit. Developer and /or the purchaser of the Selling
Moderate Unit shall deposit any additional funds into Escrow as are necessary to close the Sale
Transaction. City reserves the right to withdraw any and all documentation submitted into
Escrow at any time prior to Close of Escrow. The delivery of documents into Escrow in no way
binds City. Developer shall bear all costs and expenses of each Sale Transaction and each
Escrow including, but not limited to, any applicable transfer taxes and recordation fees.
(e) Further Deposits into Escrow. City and Developer shall each deposit such
other instruments as are reasonably required by Escrow Officer or otherwise required to release
the Moderate Units of any Affordability Restrictions placed thereon in accordance with the
terms hereof. City and Developer agree to execute such reasonable additional and
supplementary escrow instructions as may be appropriate to enable Escrow Officer to comply
with the terms of this First Amendment provided, however, that in the event of any conflict
between the provisions of this First Amendment and any supplementary escrow instructions, the
terms of this First Amendment shall control.
(f) Conditions to Close of Escrow. As to each Sale Transaction, Close of
Escrow for each Selling Moderate Unit shall be conditioned upon the Escrow Officer's
fulfillment of the following in the manner hereinafter specified:
(i) Escrow Officer is unconditionally and irrevocably committed to
comply with these instructions and otherwise in the manner and within the time limits herein
specified, and nothing contained in these escrow instructions or instructions provided by any
1139620v1A 80078/0022
other party to this Escrow authorize or require Escrow Officer to take any actions that would
conflict with or prevent him/her from complying with the terms of these instructions.
(ii) Escrow Officer shall be in a position to disburse to City the Unit
Release Payment for each Selling Moderate Unit in accordance with the Closing Statement
(defined helow). F.nch i Tnit Relen,e Pavment shall he naid to City thrrniuh F,ccrow.
(iii) Escrow Officer shall have received:
a. All documents referenced in Subsections 4.c and 4.d; and
b. From Developer and /or the purchaser of the Selling
Moderate Unit, all closing funds, including those shown on the Closing Statement (defined
below).
(iv) Escrow Officer shall have, as applicable, inspected all submitted
documents to ensure that they are complete (with all exhibits attached and all blanks filled in),
fully signed, and acknowledged as applicable.
(v) Escrow Officer shall have executed and returned to City and
Developer the Consent by Title Company attached hereto as Exhibit C.
(vi) Escrow Officer shall have prepared and delivered to City and
Developer a preliminary closing statement of the Sale Transaction, reflecting that the full
amount of the Unit Release Payment for the applicable Selling Moderate Unit is to be paid to
City, and showing all other escrow disbursements and recipients thereof, as approved in writing
by City and Developer ( "Closing Statement "). Upon approval of such Closing Statement,
Escrow Officer shall telephonically advise City and Developer of any change therein and
receive telephonic approval of any such change. If such approval is not obtained, Escrow
Officer is not authorized to close Escrow.
(vii) Escrow Officer shall have telephonically advised City and
Developer that all of the foregoing conditions have been fulfilled and that Escrow Officer is in a
position to close Escrow in accordance with these instructions, and that no contrary demands or
instructions inconsistent with those herein contained have been given to Escrow Officer.
Escrow Officer shall not close Escrow until having given such telephonic confirmation and
having received from City and Developer final telephonic permission to close the Sale
Transaction hereunder.
(g) Close of Escrow Procedures. As to each Sale Transaction, when Escrow
Officer has received the items referenced in Subsections 4.c and 4.d above, and are in a position
to comply with Subsection 4.f above, then Escrow shall close by the following steps in the
manner and in the order hereinafter specified:
(i) Escrow Officer shall confirm closing of the Sale Transaction.
(ii) Escrow Officer shall pay to City the full amount of the Unit
Release Payment for each Selling Moderate Unit by wire or through other methods, and confirm
I I39620vIA 80078/0022
with City that payment is received in full. It is the express instruction of City that the full
amount of the Unit Release Payment be disbursed to City concurrently with the close of escrow.
(iii) Escrow Officer shall record the Quitclaim Deed in the Official
Records of Sonoma County, California.
4. Authority. of Manager. Notwithstanding any provision herein to the contrary,
the City Manager, or his or her designee, shall have the right and authority to, at his or her sole
discretion, (i) extend the time for performance of any obligation hereunder, including
satisfaction of any time frames specified in Section 2; and (ii) negotiate other, minor changes to
this First Amendment, at his or her sole discretion.
5. Miscellaneous. City and Developer acknowledge and agree that, except as
amended by this First Amendment (including the exhibits attached hereto), the Original
Agreement remains unmodified and in full force and effect in accordance with their respective
terms, which are incorporated herein by this reference. This First Amendment and the Original
Agreement contain the entire and final agreement between the parties hereto and supersede all
other agreements, oral or otherwise, regarding the subject matter hereof. This First Amendment .
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 First Amendment 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 First Amendment. The word "including" shall be construed as if
followed by the words "without limitation." This First Amendment 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.
Nothing herein is intended to create any third party benefit. Each individual or entity executing
this First Amendment on behalf of Developer represents and warrants that he or she or it is duly
authorized to execute and deliver this First Amendment on behalf of Developer and that such
execution is binding upon Developer.
[signatures follow on next page]
1139620v1 A 80078/0022
IN WITNESS WHEREOF, City and Developer have executed this First Amendment as set forth
below.
Dated:
Dated:
"Effective Date"
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
6
1139620v 1 A 80078/0022
WATT COMMUNITIES AT CENTREVILLE
LLC, a California limited liability company
By: Watt Developers LLC,
a California limited liability company
dba Watt Communities
Its: Sole Member
Its:
By:
Jeffrey B. Lawrence
Senior Vice President
"DEVELOPER"
THE CITY OF ROHNERT PARK, a municipal
corporation
Name:
Its:
"CITY"
Exhibit A
Legal Description of Moderate Units
Moderate Income Affordable Units: Units U63, U66, U69, U71, U73
Condominium Plan for Parcel C of subdivision map entitled "City Center
December 9, 2004, in Book 670 of Maps, at Pages 19 through 23, inclusive,
Records. [City staff to confirm accuracy of legal description.]
1139620v1A 80078/0022
and U74 within
Town Homes,"
Sonoma County
Recording Requested By
And When Recorded Mail To:
Exhibit B
Form of Quitclaim Deed
1
)
(Space Above This Line for Recorder's Use Only)
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE CITY OF ROHNERT PARK, a municipal corporation, hereby REMISES, RELEASES
AND FOREVER QUITCLAIMS to WATT COMMUNITIES AT CENTREVILLE LLC, a
California limited liability company, that property in Sonoma County, State of California,
described in "Attachment No. 1 " attached hereto and made a part hereof.
THIS DEED IS GIVEN TO RELEASE ANY AND ALL RIGHTS BY THE CITY OF
ROHNERT PARK AS THEY RELATE TO THAT CERTAIN AFFORDABLE HOUSING
AGREEMENT BY AND BETWEEN THE CITY OF ROHNERT PARK, A MUNICIPAL
CORPORATION, AND WATT COMMUNITIES AT CENTREVILLE LLC, A CALIFORNIA
LIMIT ED LIABILITY COMPANY, RECORDED NOVEMBER 21, 2005, SERIES NO. 2005-
172702, SONOMA COUNTY RECORD.
City of Rohnert Park:
By:
Print Name:
Its:
2
1139620v1A 80078/0022
Attachment No. 1
LEGAL DESCRIPTION OF PROPERTY
-1-
1139620v 1 A 80078/0022
Exhibit C
Consent by Title Company
By executing this consent where indicated below, you irrevocably and unconditionally agree to
act as escrow agent with resbect to (1) the Quitclaim Deed being: devosited with you by Citv and
(2) disbursement of the Unit Release Payment for each Selling Moderate Unit to City pursuant to
the First Amendment. You further agree to hold any such Quitclaim Deed and disburse the Unit
Release Payment in accordance with these instructions.
If this escrow has not closed within nine (9) months of the Effective Date of the First
Amendment, these instructions shall be automatically revoked. In that case, please immediately
telephone the undersigned for further instructions.
I acknowledge receipt of this First Amendment, and agree to act as escrow agent in this
transaction strictly in accordance with the foregoing instructions.
TITLE COMPANY
By:
Name:
Title:
Title Company:
Dated
-1-
I I39620v1A 80078/0022
�7 WATT
COMPANIES
September 29, 2008
V�ECE�V�D
of
Brian Goodman, Housing and Redevelopment Assistant
Linda T. Babonis, Interim Housing and Redevelopment Manager
City of Rohnert Park
Housing and Redevelopment Department
6750 Commerce Blvd.
Rohnert Park, CA 94928
Subject: Centreville - Moderate BMR Units — Request for Alternative
Equivalent Action at the October 14th 2008 City Council Meeting
Dear Brian and Linda,
This correspondence is a follow -up to correspondence from Joe Sordi to Ron Bendorff
on February 4, 2008 requesting City Council consideration of an Alternative Equivalent
Action. Since the February 4th letter, CRP staff and Watt staff have met together and
corresponded several times in an effort to create an action that is acceptable to both
parties. The process has been slow and, at times, frustrating but I believe that we
have reached a proposal that will work.
The City of Rohnert Park's concerns include maintaining affordable housing for its
constituents, maintaining the certification of the City's Housing Element and cautiously
setting precedent for any future amendment to the current inclusionary housing
ordinance that the City has put into place.
The builder's concerns are related to the "non- existent" market for resale restricted
housing, inability of any known entity to produce buyers interested in purchasing these
six units in over two years, ongoing carry cost of the unsold BMR units, and the
uncertainty of being able to sell these resale restricted units at all in the near future.
Based on these facts and concerns, we are once again requesting an Alternative
Equivalent Action (AEA) under Article 1, section 1.3 of the Affordable Housing
Agreement executed between the City and Developer. Our proposal for the AEA is an
in -lieu fee paid to the City's Housing fund in -lieu of the current resale restrictions in
place on the six remaining moderate below market rate units at Centreville. We
Watt Communities`, 375 Diablo Road`'. Suite 200`, Danville, CA 94526\ PI. 925.855.1571 925.855.1093
P1_�1��_1_�. -%1 /1 1 11 lifi
0epternber c9, cuvo
Brian Goodman
Linda Babonis
Alternative Equivalent Action
Page 2 of 2
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� *: ;i n +hn II^ �rrinhili4v ��nl: mafhnr: ^f n7�n1II7�11'1 /Y IY1_�ICII fL1GC 7C 1� IC
proposlri UOJIIL Lill-, i"i7ivi'iA C70.77iiSy vuF 7SIL+S::VLe v:
described in Section 4 -A -vi, page 4 -7 of the "Inclusionary Housing Toolbox ", a U.S.
Department of Housing and Urban Development funded document.
The proposed in -lieu fee would be $20,553.00 per moderate BMR unit as shown as
the affordability gap (Sales Price Less Cost & Expense) on the Centreville (aka City
Center, Rohnert Park) "Sales Price Calculation" sheet dated 10/14/05. The total in -lieu
fee paid will be $123,318.00 for all six units. The individual in -lieu fees will be paid out
of escrow as the six units are sold and escrows close. There are not sufficient funds
available within the project to pay these in -lieu fees up front.
We believe that this proposed Alternative Equivalent Action meets the interests of all
parties and makes the City housing fund whole as it pertains to this project.
As you know, timing of this Council action is key to us. The carry on these units runs
at $20,000.00 per month and we have been carrying them for more than a year
without any buyers. I am presuming that we will still make the October 14th City
Council agenda. I would greatly appreciate the opportunity to discuss the Council staff
report with you as soon as it is prepared. I presume that it will need to be prepared
and ready for submittal by October 3rd. Can we discuss it on the 2 "d.
Thank you and best re ards
r
Scott D. Alman, P.E.
Project Manager
'.,QUESTED BY AND
QED MAIL TO:
Rohnert Park
Planning Department
6750 Commerce Boulevard
Rohnert Park,.CA 94928 72486
I��I�IIY!�A�IW�IR�I�IR��
CHICAGO TITLE CO.
11/21/2005 09:42 AGMOH
RECORDING FEE: 0.00
PAID
2005172702
OFFICIAL RECORDS OF
SONOMA COUNTY
EEVE T. LEWIS
3 (� PGS
�-+ P CORD-
MA COJ
(Space_ Above This Line for Recorder's Use Only)
[Exempt from recording fee per Gov. Code § 273831
AFFORDABLE HOUSING AGREEMENT
THIS AFFORDABLE HOUSING AGREEMENT ( "Agreement ") is entered into as of the
25th, day of October, 2005 ( "Effective Date ".), by and between the CITY OF
ROHNERT PARK, a municipal corporation ( "City ") and Watt Communities at CentreVille LLC,
a California limited liability company ( "Developer ").
RECITALS
A. Developer is the owner of that certain real property located in the City of Rohnert
Park, County of Sonoma, State of California, more particularly described in. Exhibit A attached
hereto ("Site")- The Site is part of a residential development ( "Project ") being developed by
Developer in accordance with City of Rohnert Park Planning Commission Resolution No.
2003 -39 ('Resolution"), ' Housing has not yet been constructed. on the Site. As such, this
Agreement is being recorded against the Site to provide notice of and secure the obligation to
construct the Affordable Units. The location of the Affordable Units shall be as set forth in
Exhibit B, and housing constructed on the remainder of the Site shall not be subject to
affordability restrictions.
B. City issued the approval for the Project subject to certain conditions of approval.
Condition of Approval No.. 4 requires that the Developer reserve at least twelve (12) units in the
Project for sale to low and moderate- income households.
C. City is acting to carry out its obligations under Rohnert Park Municipal Code
Section 17.07.020(N) ( "Ordinance ") and any implementing regulations (collectively, the "City
Inclusionary Housing Requirements "), and Developer agrees to comply with the City
Inclusionary Housing Requirements. All terms and definitions not otherwise defined herein shall
have the same definitions as included in said Section 17.07.020(N).
D. Developer and City desire to set forth Developer's obligations to provide
aff6rdable housing in a recorded document. Developer and City hereby agree that twelve (12)
units on the Site (each an "Affordable Unit" and, collectively, the "Affordable Units ") as
described in Legal Description of Affordable Units, attached as Exhibit B hereto and
incorporated herein by reference, shall be subject to the conditions, restrictions, and rights of
City as specified below. The remaining units on the Site shall be referred to as "Market Rate
Units."
840756v8 80078/0022
NOW, THEREFORE, Developer and City agree as follows:
ARTICLE 1
SALE OF AFFORDABLE UNITS
1.1 Defined Terms. The following terms shall have the meanings set forth in this
Section 1.1:
A. "Affordable Sales Price" means the maximum purchase price that will be
affordable to the specified target income household. A maximum purchase price shall be
considered affordable only if the Owner.- Occupied Monthly Housing payment is equal to or less
than one - twelfth (1/12) of thirty percent (3'0 %) of income for the specified target income
household. Affordable Sales Price shall be based upon presumed occupancy levels of one person
in a studio unit, two persons in a one- bedroom unit, three persons in a two - bedroom unit, and one
additional person for each additional bedroom thereafter.
B. "Eligible Household" shall mean and include a person or household (1) meeting
the definition of "Low income Household" or "Moderate Income Household" under this Section
1.1; and (ii) who otherwise meets Developer's standard criteria for determining eligibility for
occupancy, which may include an evaluation of the applicant's ability to pay mortgage,
employment status and credit history. These standard criteria may vary from time to time, but
must be uniformly applied at all times.
C. "Low- Income Households" means those households with incomes of up to eighty
percent (80 %) of Median Income.
D. "Median Income" means the median income, adjusted for family size, applicable
to Sonoma County as published annually pursuant to Title 25 of the California Code of
Regulations, Section 6932 (or its successor, provision) by the United States Department of
Housing and Urban Development. ("HUD"). In the event that such income determinations are no
longer published or are not updated for a period of at least 18 months by HUD, Median Income
shall mean the area -wide median gross income for households in Sonoma County, adjusted for
family size, as published from time to time by the California Department of Housing and
Community Development ( "HCD "). In the event that such income determinations are no longer
published, or not updated for a period of at least 18 months, the City shall provide Developer.
with other income determinations which are reasonably similar with respect to methods of
calculation to those previously published by HUD or HCD.
E. "Moderate Income Households" means those households with incomes of up to
one hundred twenty percent (120°/x) of Median Income.
F. "Owner- Occupied Monthly Housing Payment" means the sum equal to the
principal, interest, property taxes, homeowner's insurance and homeowner's association dues
paid on, an annual basis divided by twelve (12).
-2-
840756x8 80078/0022
1.2 Affordability Requirements and Restrictions
.A. Developer shall construct twelve (12) Affordable Units in the Project, each of
which will be sold to and occupied by an Eligible Household. Six (6) of the Affordable Units
will be sold by Developer to Low Income Households and six (6) of the Affordable Units will be
sold by Developer to Moderate Income Households.
B. ' The Annual Household Income shall be considered for purposes of calculating the
applicable . income of the Eligible Household. "Annual .Household Income "means the combined
gross income for all adult persons living in a dwelling unit as calculated for the purpose of the
Section 8 program under the United States Housing Act of 1937, as amended., or its successor.
C Affordable Units shall be comparable in number of bedrooms, exterior
appearance and overall quality of construction to Market Rate Units in the Project. Subject to
the prior written approval of the planning and community development director and city
manager, square footage of Affordable Units and interior features in Affordable.Units may not
be the same as or equivalent to. those in Market Rate Units in the Project, so long as they are of
good quality and are consistent with contemporary standards for new housing. Affordable Units
shall be dispersed throughout the Project or, subject to the approval of the planning and
community development director and city manager, may be clustered within the Project when
this furthers affordable housing opportunities.
D. City shall not approve any final inspection, permit any occupancy, or authorize
the release of utilities for any of Buildings 101, 102, or 109 (as shown on Exhibit C attached
hereto and incorporated herein by reference), any unit therein, or any portion thereof, until the
final inspection of all Affordable Units that are required to be constructed has been approved.
E. Developer shall make a written designation to City, at the time the final
subdivision map for the Site is recorded, of those Units that shall be Affordable Units, which
designation shall be consistent with the terms of this Agreement, including without limitation
Exhibit A. The total number of Affordable Units being offered for sale in accordance with this
Article I shall be as required by Section 1.2.A. above. During the Term (as defined in Section
3.3) of this Agreement, the Affordable Units shall be subject to all of the requirements of this
Agreement, including without limitation the following additional restrictions and requirements:
1. Each Affordable Unit shall only be sold to and be occupied by an Eligible
Household. Six (6) of the Affordable Units shall only be sold to and occupied by Low Income
Households at a price that does not exceed the Affordable Sales Price for such Households. Six
(6) of the Affordable Units shall only be sold to and be occupied by Moderate Income
Households at a price that does not exceed the Affordable Sales Price for such Households.
2. The Affordable Units shall only be sold to Eligible Households approved
by City in accordance with this Agreement, the City Inclusionary Housing Requirements and the
City's Affordable Housing Program. Developer shall work with City to obtain names of Eligible
Households certified or maintained by City in accordance with City's Affordable Housing
Program. In the event City does not maintain a list of Eligible Households, at least thirty (30)
calendar days prior to any proposed sale or other transfer of any Affordable Unit during the
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840756v8 80078/0022
Tenn, Developer shall submit to City and such certifying agency (if any) as selected by City
- ( "Certifying Agency "): (a) a copy of the written agreement of purchase and sale; (b) the
prospective -purchaser's /transferee's income certification, evidence of the. purchaser's /transferee's
status as an Eligible Household, a list of all assets owned by the prospective purchaser /transferee
and any information reasonably necessary to enable City to determine compliance with the terms
of this Agreement, in a form reasonably approved by the City; and (c) the incorrie certification to
be provided to any lender making a loan on the Affordable Unit. The City may require
documentation reasonably evidencing and supporting the income and other financial information
contained in the certifications., including the prospective purchaser's /transferee's income most
recent income tax return. Developer shall bear all costs and expenses associated with such
certification and eligibility determination process. Within thirty(30) calendar days from receipt
of the documentation, City shall render a decision of eligibility or noneligibility. If the
prospective purchaser /transferee qualifies as an Eligible 'Household, the purchase price of the
Affordable Unit is within the definition of Affordable Sales Price; and the sale or transfer
complies with. the City Inclusionary Housing Requirements, the City shall so certify in writing
within such thirty (30) calendar days, and upon request shall execute.a certificate, in recordable
form, confirming that the proposed transaction complies with the requirements. of this Article 1.
If the prospective purchaser /transferee does not qualify as an Eligible. Household, the purchase
price of the Affordable Unit is not within the definition of Affordable Sales Price, or the sale or
transfer, does not comply with the City Inclusionary Housing Requirements, the City shall so
notify the Developer in writing, within such thirty.(30) calendar days, stating the basis for its
determination in reasonable detail and the Developer shall not sell the Affordable Unit to such
non - Eligible Household:
3. THERE SHALL BE NO SALE OR OTHER TRANSFER OF THE
AFFORDABLE UNIT WITHOUT THE WRITTEN CERTIFICATION BY CITY THAT THE
PURCHASER%TRANSFEREE IS AN ELIGIBLE HOUSEHOLD, THE PURCHASE PRICE OF
THE AFFORDABLE UNIT IS WITHIN THE DEFINITION OF AFFORDABLE SALES
PRICE. FOR SUCH PURCHASER/TRANSFEREE AND THE CATEGORY OF SUCH
AFFORDABLE UNIT, AND THE SALE OR TRANSFER COMPLIES WITH CITY'S
INCLUSIONARY HOUSING REQUIREMENTS. ANY SALE OR OTHER TRANSFER OF
THE AFFORDABLE UNIT IN VIOLATION OF THIS AGREEMENT SHALL BE VOID.
4. EACH PURCHASER OF AN AFFORDABLE UNIT SHALL ENTER
INTO AND RECORD AT THE CLOSE OF ESCROW A REFINANCE ANDRESALE
LIMITATION AGREEMENT AND OPTION. TO PURCHASE ( "LIMITATION
AGREEMENT"), IN A FORM SUBSTANTIALLY SIMILAR TO EXHIBIT D, ATTACHED
HERETO, SUPPLIED BY AND APPROVED BY CITY, AND FOR THE BENEFIT OF CITY.
UPON RECORDATION OF THE LIMITATION AGREEMENT: (A) THIS AGREEMENT
SHALL HAVE NO FURTHER FORCE OR EFFECT AS AN ENCUMBRANCE AGAINST
THE AFFORDABLE'UNIT ENCUMBERED BY THE LIMITATION AGREEMENT; AND
(B) DEVELOPER SHALL HAVE NO FURTHER OBLIGATIONS OR LIABILITIES WITH
RESPECT TO THE AFFORDABLE UNIT, ENCUMBERED BY THE LIMITATION
AGREEMENT, INCLUDING WITHOUT LIMITATION ANY RESPONSIBILITY FOR
COMPLIANCE BY THE BUYER OR ITS SUCCESSORS WITH THE TERMS AND.
CONDITIONS OF THE LIMITATION AGREEMENT SIGNED BY PURCHASER,
-4-
840756v8 80078/0022
PROVIDED THAT DEVELOPER HAS COMPLIED WITH THE TERMS OF THIS
AGREEMENT.
1.3 Alternative Equivalent Action. As to any Affordable Unit which is either (i) not under a
sales contract with six (6) months after the issuance of a certificate of occupancy, with pre -
approved financing, or (ii) for which escrow has not closed, within nine (9) months after
issuance of a certificate of occupancy and the sales contract has been terminated ( "Unsold
Affordable Unit "), Developer may petition the City Council to consider an "Alternative
Equivalent Action" as set forth in and in conformance with the City Inclusionary Housing
Requirements.
ARTICLE 2
MAINTENANCE AND MARKETING
2.1 Maintenance and Management. During the Term (as defined in Section 3.3 below), the
Site and the Project shall be maintained by the homeowners association formed to manage,
operate and maintain the Project. The maintenance obligations will include maintenance of the
improvements and landscaping. Developer agrees to maintain the Affordable Units in a clean
and orderly condition and in good condition and repair, including the maintenance of
improvements and landscaping, and to keep the Affordable Units free from accumulation of
debris and waste materials, until the close of escrow of -each Affordable Unit. Upon the sale and.
close of escrow on an Affordable Unit, the Eligible Household which purchased the Affordable
Unit will be a member of the Homeowners' Association and will be responsible for the payment
of Homeowners' Association assessments as provided in the Covenants,'Conditions and -
Restrictions ( "CC &R's ") for the Project. Developer represents and warrants that such .
Homeowners' Association assessments will equal $217.56 per Affordable Unit per year until
sales of Phase 2 of the Project are completed, at which point the Homeowners' Association
assessments will be reduced to $172.84 per Affordable Unit per year, subject to increases as
provided for in the CC &R's.
2.2 Marketing and Sales Program and Marketing Reports. To the extent permitted by law,
Developer and Certifying Agency shall work together to design a marketing and sales program
that gives preference in the sale of Affordable Units to persons and households who meet the
following criteria: (1) persons who live and work in Rohnert Park; (2) persons who live in
Rohnert Park, (3) persons who work in Rohnert Park; (4) all others. Within ten (10) days of
City's request, Developer shall deliver to City marketing and sales information for the-Affordable
Units in form and substance reasonably acceptable to the City.
2.3. Verification of Citizenship or Qualified Alien Status. At the time of sale, Developer shall
verify the citizenship or qualified alien status of all adult buyers as required under the. Personal.
Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law No. 104 - 193,.8
U.S.C. §1.621). Developer shall verify the citizenship or qualified alien status by causing the
applicants for purchase to complete and sign under penalty of perjury the HCD Benefit Status
Form 1 (2/98) or such other form provided by HCD for this purpose. The signed forms shall be
forwarded by Developer to City.
-5-
840756v8 80078/0022
x
2.4. Restrictions on Sales of Affordable Units. Developer shall .not sell an Affordable Unit to
any of the following: (a) any partner, officer, shareholder or employee of Developer or any
Family. Member (defined below) of any partner, officer, shareholder or employee of Developer,
(b) any member of the Rohnert Park City Council or any member of anrCity Board or
Commission; and (c) any City employee who exercises any function.or responsibility in
connection with the Site or who has, or whose Family Member (defined below) .has; an economic
interest in the Site pursuant to the provisions of the Political Reform Act, Government Code
section 87100 et seq. "Family Member" shall mean the spouse or child of the individual at issue.
or the individual's or his or her spouse's parent, grandparent, brother, sister, aunt, uncle, niece or
nephew.
2.5 Effect of Article 2. This Article 2 shall terminate and be of no further force and effect as
to Developer upon the first to occur. of (a) the last day of the Term; or (b) the closing of the sale
by Developer of, and the transfer of title to, the last Affordable Unit pursuant to Article .l above.
ARTICLE 3
GENERAL PROVISIONS
3.1 Conditions of Approval. This Agreement is intended to enable Condition of Approval
No. 4 imposed by the City pursuant to the Resolution. This Agreement shall not supercede any
conditions of approval for the Project pursuant to the Ordinance or other applicable City
Inclusionary Housing Requirements, but is-intended to be consistent with the Ordinance and
other applicable City Inclusionary Housing Requirements. In the event of any conflict between
this Agreement and the City Inclusionary Housing Requirements, the City Inclusionary Housing
Requirements in effect as of the date of this Agreement shall prevail.
3.2 _ Notices. Notices required to be given to City or to Developer shall be given by hand
delivery, recognized overnight courier (such as UPS, DHL or FedEx) or certified mail; .return.
receipt requested, to the following addresses, or to such other address(es) as a party may
designate from time to time by written notice to the other:
To the Developer:
Watt Communities at CentreVille LLC
375 Diablo Road, Suite 200
Danville, CA 94526
To the City:
City of Rohnert Park
Planning Department
6750 Commerce Boulevard
Rohnert Park, CA 94928
Attention: Housing Manager
3.3 Duration. The covenants set forth herein on the Affordable Units shall be covenants
running with the land and shall inure to the benefit of the City and its successors and assigns, and
840756v8 80078/0022
subject to any shorter time limitations specifically set forth herein, shall be enforceable by the
City and its successors and assigns, fora period of thirty (30) years from the later of (a) initial
occupancy of the Project or (b) issuance of a Certificate of Completion for each of the
Affordable Units ("Tenn"). Developer and City shall confirm the commencement and expiration
dates of the Term in a written, recordable instrument. The parties agree that for the Term, all
future deeds for or transfers of interest in the Affordable Units shall show or reference the
applicable restrictions of this Agreement. Upon recordation of the Limitation Agreement as to a
particular Affordable Unit, this Agreement shall have no further force or effect as an
encumbrance against the particular Affordable Unit to which such Limitation Agreement
pertains, and Developer shall have no further obligations or liabilities with respect to such
Affordable. Unit, including without limitation, any responsibility for compliance by the buyer or
its successors with the terms and conditions of the Limitation Agreement, provided that
Developer has complied with the terms of this Agreement.
3.4 No Discrimination. Developer covenants by and for itself and any successors in interest
that there shall be no discrimination against or segregation of any person or group of persons on
account of race, color, creed, religion, sex, physical or mental disability, age, marital status,
national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or
enjoyment of the Affordable Units, nor shall the Developer itself or any person claiming under or
through it establish or permit any such practice or practices of discrimination or segregation with
reference to the selection, location, number, use or occupancy of the Affordable Units.
3.5 Amendment. This Agreement may be amended only in writing by City and Developer.
3.6 No Impairment of Lien. No violation or breach of the covenants, conditions; restrictions;
provisions or limitations contained in this Agreement shall defeat or render invalid or in any way
impair the lien or charge of any mortgage, deed of trust or other financing or security instrument;
provided; however, that any successor of Developer to the Site shall be bound by such covenants,
conditions, restrictions, limitations and provisions, whether such successor's title was acquired
by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise.
3.7. Successors and Assigns.
A. Binding Effect; Covenants Run with Land. The covenants contained in this
Agreement shall inure to the benefit of the City and its successors and assigns, and shall be
binding upon Developer and any successor in interest as owner of fee title to the Site, or any part
thereof. Upon the transfer by Developer of all or any portion of its interest in the Site, all
references -in this Agreement to Developer thereafter shall mean and refer to such successor in
interest of Developer as may then be the owner of the.. Site or such portion thereof, or interest
therein. In the event that Developer transfers the Site or any portion thereof or interest therein to
more than one successor in interest, all successors in interest shall be collectively required to
comply with the provisions of this Agreement and shall be jointly and severally liable for any
breach or failure to comply, unless each successor and City enter into an agreement outlining the
specific obligations of each successor for compliance with this Agreement. The covenants in
this Agreement shall run in favor of City and.its successors and assigns for the entire period
during which such covenants shall be in force and effect. City, and its successors and assigns, in
the event of any breach of any such covenants, shall have the right to exercise all of the rights
7
840756v8 80078/0022
``J
and remedies, and to maintain any actions at law or suits in equity or other proper proceedings,
to enforce the curing of such breach.
B. Transfer.by Developer of Site. Except as expressly.permitted by this
Section 3.7.1, Developer shall not sell, transfer, convey, assign or ground lease the Site or any
part thereof or interest. therein ( "Transfer ") during the period between the date of recordation of
this Agreement and the closing date for the sale of the last Affordable Unit to be sold pursuant to
Article 1 above without prior..written approval of the City. The City's approval shall not be
unreasonably withheld or delayed. This restriction. shall not apply to (i) any Transfer of a Unit to
an individual homebuyer, (ii) any Transfer of Developer's interest in the Site to any trust,
partnership,' corporation, limited liability company or other entity that is managed and controlled
by Developer whether through any trust, partnership, _corporation, limited liability company or
other entity, or (iii) any Transfer after the closing date for the last Affordable Unit sold pursuant
to.Article 1 above. This restriction on Transfer shall not be deemed to limit or restrict the
making of dedications or granting of easements or permits to facilitate the development of the
Site, or to limit or restrict the sale of any individual Units. This restriction on Transfer shall also
not be deemed to prohibit, limit or restrict the assignment or. granting of any security interests in
the Site for the purpose of securing loans or funds to be used for financing the construction of the
improvements on the Site, or the exercise by any lenders of their rights and. remedies, including
without limitation foreclosure, under the agreements and instruments evidencing or securing any
such financing.
3.8 No Third Party Beneficiaries. Notwithstanding anything in this Agreement to the
contrary, there are no third party beneficiaries of this .Agreement.
3.9 Effect of Agreement. Notwithstanding anything.in this Agreement to the contrary,
nothing in this Agreement shall have any force or effect on any buyer or buyer's right, title or
interest in or to any unit other than an Affordable Unit, except that buyers of Affordable Units
shall execute and be subject to the Limitation Agreement. The foregoing exemption and release
shall be self - executing and require no further.instruments or assurances to be effective.
3.10 Default and Remedies.
A. Any failure by Developer to perform any term or provision of this Agreement
shall constitute an "Event of Default" (1) if Developer does not.cure such failure within
thirty (30) days following. written notice of default from City, or (2) if such failure is not of a
nature which cannot reasonably be cured within such thirty (30) day period, Developer does not
within such thirty (30) day period commence substantial efforts to cure such failure or thereafter
does not within a reasonable time prosecute to completion with diligence and continuity the
curing of such,failure.
B. Any notice of default given hereunder shall specify in detail the nature of the
failure in performance alleged by City and the manner in which such failure of performance may
be satisfactorily cured in accordance with the terms and conditions of this Agreement. During
the time periods herein specified for cure of a failure to perform, Developer shall not be
considered to be in default of this Agreement for any purposes.
-8-
840756v8 80078/0022
C_ Any failure or delay by City in asserting any of its rights or remedies as to any
Event of Default shall not operate as a waiver of any Event of Default or of any such rights or
remedies or deprive City of its right to institute and maintain any actions or proceedings which it
may deem necessary to protect, .assert or enforce any such rights or remedies.
D. In the event of an Event of Default under this Agreement, City shall have the right
to exercise all of the rights and remedies, and to maintain any actions under this Agreement, the
Ordinance, at law, inequity, or other remedy proceedings.
E. Notwithstanding the foregoing, in the event that Developer fails to comply with
-the terms of this Agreement, City may suspend issuance of building permits for Market Rate
Units, building inspections of Market Rate Units, or issuance of occupancy permits for Market
Rate Units, or pursue any other remedy available to it.
3.11 California Law. This Agreement shall be construed in accordance with and be governed
by the laws of the State of California.
3.12 Severability. Should any provision of this Agreement be found invalid or unenforceable
by a court or other body of competent jurisdiction, said invalidity, unenforceability or
ineffectiveness shall not affect. the validity of the remaining provisions which shall remain in
force and effect pursuant to the limitations and duration agreed to herein.
3.1.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties
and no modification hereof shall be binding unless reduced to writing and signed by the parties
hereto. The exhibits attached to this Agreement are incorporated by reference.
[Signature page follo)vsj
-9-
84075bv8 80078/0022
.:
IN WITNESS WHEREOF, City and Developer have caused this instrument to be
executed on their behalf by their respective officers thereunto duly authorized.
Date: l0
ATTEST:
By:
�ty Clerk
APPROV AS TO FORM:
By:
City Attorney
Date: `i 7
SIGNATURES MUST.BE NOTARIZED
840756v8 80078/0022
CITY:
THE CITY OF ROHNERT PARK
By:
Name: Stephen R. Donley.
Its: City Manager
Per Resolution No. 2005 - 319 adopted by the
City Council on October 25 2005
DEVELOPER:
WATT COMMUNITIES AT CENTREVILLE
LLC, a California limited liability company
By: Watt Developers LLC,
a California limited liability company
dba Watt C*ey miti
Its: Sole Me
By:
wrence
Its: Senior Vice President
-10-
State of California
) ss_
County of a06,+ra.
On `� `� before me, .1 --.04{ y , personally appeared J4&,eu B towr.tr
personally known to me (or proved to me on the basis of satisfactory evidence, to be the person(s)
whose naTne(s) is /are 'subscribed to the within instrument and acknowledged to me that
he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal. (Seal)
Signature
840756v8 80078/0022
R: L. DALY
tp
Comm. 11361102 N
NOTARY KWIC- CALIFORNIA
CWM Cosa Cowty
Nry Cwaa Enim kms t5, 20".
STATE OF CALIFORNIA. ) .
COUNTY OF SONOMA )
On October 28, 2005 before me, Ellen Beardsley the undersigned notary .public,
Personally appeared Stephen R. Don-ley
f X 1 personally known to mp- .,r '
I proved tome on the basis of satisfactory evidence.
to be.the person(s) Whose name(-,) is.subscribed to the within instrument and acknowledged to me that
he/shM4i--y executed the same: in his /hog4iGi€ authorized capacity(ies), and that by his /#ientl�wi€
signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted,.
executed the instrument.
�E, H FEAR
WITNESS my hand and official seal. Coal bsion 1601724 .
&ZIMM Notary public : CoWorcYa
cWtty
Signature klyConun. Expires Aug 19.
Type of Document: Affordable Housing Agreement by and between the City of Rohnert Park and Watt
Communities at Centreville LLf
ST E OF CALIFORNIA ) .
COUN OF COnfiYa
On nOy-e m O� before me, L •
personally appeared r3d t
f j personally know me; or
undersigned notary public,
( X) proved to me on the bas satisfactory e ` ence
to be the person(s) whose name(-,) is subscribe the ithin instrument and acknowledged to me that
he /she /they executed the same in his/her /their aut n capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s), the entity up behalf of which the person(s) acted,
executed the instrument. -
WITNESS my hand and offici
Signature
Type of ocument: f�.t.G�rcl� h1 . /Ix6 nll Q pj y p{rnPn � —
iI
Sd07560 80078/0022
L. D. PERRY
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COMM. #1587077
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Fo
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hsyComm ices June t2,.20p9
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EXHIBIT B
Legal Description of Affordable Units
Low Income Affordable - Units: Units U62, U64, U65, U67, U68 and U72 within.
Condominium Plan for Parcel C of subdivision map entitled "City Center Town Homes,"
December 9, 2004, in Book 670 of Maps, at Pages 19 through 23, inclusive, Sonoma County
Records.
Moderate income Affordable Units: Units U63, U66, U69, U71, U73 and U74 within
Condominium Plan for Parcel C of subdivision map entitled "City .Center Town Homes,"
December 9, 2004, in Book_670 of Maps, at Pages 19 through 23, inclusive, Sonoma County
Records.
Exhibit B
840756v8 80078/0022
EXHIBIT D
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Rohnert Park.
Planning Department
.6750 Commerce Boulevard
Rohnert Park, CA 94928 -2486
(Space Above This Line for Recorder's Use Only)
[Exempt from recording fee per Gov. Code § 27383]
REFINANCE AND RESALE' LIMITATION AGREEMENT
AND OPTION TO PURCHASE
For valuable consideration, the receipt of which is hereby. acknowledged,
(individually or collectively,
"Owner "), and THE CITY OF ROHNERT PARK ( "City') agree as follows; with reference to
the following facts:
RECITALS
A. Owner owns that certain real property located at , Rohnert Park,
California and more particularly described in.Attachment I attached hereto and
incorporated herein. The real property, which includes the land,. the residence and all
other improvements thereon, and all membership and other rights appurtenant thereto,
is referred to in this Agreement as the: "Affordable Unit. ". The Affordable Unit is part
of a residential community referred to herein as the "Project.
B._ City has acted to enforce the inclusionary housing requirements set forth in Rohnert
Park Municipal Code Section 17.07.020(N) ( "Ordinance ") and any implementing
regulations:(collectively, the "CityInclusionary Housing Requirements ") by
establishing an affordable housing program for the City of Rohnert Park. As part of the
affordable housing program, City has procured assurances that the Affordable Unit will
be sold, owned and occupied only by members of an Eligible Household (as.defined
below), and will be sold only for a price that does not exceed the Affordable Sales Price
(as defined below).
C. Owner has received the benefit of these assurances in purchasing the Affordable Unit,
and is providing the same assurances for the benefit of the City by entering into this
Agreement. Owner and City therefore agree. the Affordable Unit shall be subject to
the terms, conditions and restrictions, and the rights of City, as specified in this
Agreement.
Exhibit
840756v8.80078/0022 _ 1 _
NOW, THEREFORE, in this factual context, for good and valuable consideration,
Owner and City agree as follows:
1. Principal Residence. Owner shall occupy the Affordable Unit as his or her principal
and legal residence. Upon request by the City, the Owner shall submit an affidavit to
the City certifying that the Affordable Unit is the'Owner's principal and legal residence.
2. Documentation, Concurrently with execution of this Agreement, Owner shall execute a
Disclosure Statement 'in the form of Attachment 2, attached hereto, and shall execute
and acknowledge a Deed of Trust securing its obligations underAhis .Agreement in the
form of Attachment 3, attached hereto.. The Deed of Trust shall be recorded in the
Official Records of Sonoma County. City may execute and record a Request for Notice
of Default in the form attached hereto as Attachment 4.
3. Debt and Refinance Limitations. Without the City's prior written consent, Owner shall
not obtain or refinance any loan in connection with the Affordable Unit (a "Loan ") that
causes Owner's indebtedness (i.e. the total amount borrowed by Owner) in connection
with the Affordable Unit to exceed the Affordable Sales Price (as defined in
Section 4(a) below).
4. Submission of Loan or Refinance Information to City. Not less than forty -five (45)
days prior to obtaining or refinancing a Loan that requires City's approval, Owner shall
submit to City a copy of the proposed loan's terms together with any and all other
information reasonably requested by City, including without limitation a copy of the
loan application and Good Faith Estimate. Within fifteen (15) business days from
receipt of the information, City shall render a decision. If City does not approve the
Loan, City shall so notify Owner in writing within such fifteen (15) business days,
stating the basis for its determination in reasonable detail.
5. Resale Limitations. Except as otherwise provided in this Agreement during the Term
(as defined in section 17 below), the Affordable Unit shall only be sold to an Eligible
Household approved by City in accordance with the terms of the Agreement,, the City
Inclusionary Housing Requirements and the City's Affordable Housing Program for an
amount that does not exceed the Affordable Sales Price. As used in this Agreement:
a. "Affordable Sales Price" means the maximum purchase price that will be
affordable to the specified target income household. A maximum purchase
price shall be considered affordable only if the Owner- Occupied Monthly
Housing Payment is equal to or less than one - twelfth (1/12) of thirty percent
(30 %) of income for the specified target income household. Affordable sales .
price shall be based upon presumed occupancy levels of one person in a studio
unit, two persons in a one - bedroom unit, three persons in a two - bedroom unit,
and one additional person for each additional bedroom thereafter.
b. : "Eligible Household" shall mean and include a person or household (1) meeting
the definition of "Low Income Household" or "Moderate income Household"
under this Section 1.1; and (ii) who otherwise meets City's standard criteria for
Exhibit D
840756v8 80078/0022 - 2 -
determining eligibility for occupancy, which may include an evaluation of the
applicant's ability to pay mortgage, employment status and credit history. These
standard criteria may vary from time to time, but must be uniformly applied at
all times.
o>wRe1- :Jccupicd Monthly Housing Payment° means the sum equal to the
principal, interest, property taxes, homeowner's insurance and homeowner's
association dues p aid on an annual basis divided by twelve (12).
d. "Median Income" shall mean the area -wide median gross yearly income in
Sonoma County, adjusted for household size, as established from time to time
by the U.S. Department of Housing and Urban Development ( "HUD "), .or, by
the California Department of Housing and Community Development ( "HCD ")
if HUD ceases to establish such income standards. In the event that neither
HUD nor HCD are establishing such income standards, the City shall provide.
Owner with income standards which are determined in a manner reasonably
similar to the methods of calculation previously used by HUD or HCD.
e. Notwithstanding any other provision in this section: (1) the maximum sales
price. permitted on resale of an Affordable Unit intended for owner - occupancy
shall not exceed the seller's. purchase price, adjusted . for the percentage increase
in Median Income since the seller's purchase, plus the value of substantial
structural or permanent fixed improvements to the property, plus the cost of
reasonable seller's broker fee as determined by the city manager; (2) the resale
restrictions shall provide that in the event of the sale of an affordable unit
intended for. owner-occupancy, the city shall have the right to purchase or assign
its right to purchase such affordable unit at the maximum price which could be
charged to an eligible household.
Designation of Unit. The Affordable Unit is designated for ownership by a [Low
Income Household or Moderate- Income Household] (select original
designation of affordable unit) . Except as expressly permitted under this
Agreement, the Affordable Unit can be sold only to anEligible Household with
income limitations that do not exceed those of a (Low Income Household or
Moderate- Income Household) (select original designation of affordable unit,
as that term is defined in this Agreement.
6. Submission of Resale Information to City. Not less than forty -five (45) days prior to
any proposed sale or other transfer of the Affordable Unit during the Term, Owner shall
submit to City: (a) a Notice of Intent to Transfer in the form attached hereto as
Attachment 5, (b) a copy of the written agreement of purchase and sale, (c) the
prospective purchaser's /transferee's income certification, evidence of the
purchaser's /transferee's status as an Eligible Household, a list of all assets owned by the
prospective purchaser /transferee and any information reasonably necessary to enable
City to determine compliance with the terms of this Agreement, in a form reasonably
approved by the City, and (d) the income certification to be provided to any lender
making a loan on the Affordable Unit. City may require documentation reasonably
Exhibit D
840756v8 80078/0022 -3 -
evidencing and supporting the income and other mancial information contained in the
certifications, including the prospective purchaser's /transferee's income mostrecent
income tax return. Within thirty.(30) calendar days from receipt of the documentation,;
City shall render a decision of eligibility or noneligibility.. If the prospective
purchaser /transferee qualifies as an Eligible Household, the purchase price of the
Affordable. Unit is within the definition of Affordable Sales Price and the sale or
transfer complies with the City inclusionary Housing Requirements, the City shall so
certify in writing within such thirty (30) calendar days, and. upon . request shall execute a
certificate, in recordable form, confirming that the proposed transaction complies with
the requirements of this Agreement. If the prospective purchaser /transferee does not
qualify as an Eligible Household, the purchase price of the Affordable Unit is not
within the definition of Affordable Sales Price or the sale or transfer does not comply
with the City Inclusionary Housing Requirements, the City shall so notify Owner, in
writing, within such thirty (30) calendar days, stating the basis for its determination in
reasonable detail and Owner shalt not sell the Affordable Unit to such non - Eligible
Household.
7. Ineligible _ Transfers. EXCEPT AS EXPRESSLY PROVIDED IN THIS
AGREEMENT, THERE SHALL BE NO SALE OR OTHER TRANSFER OF THE
AFFORDABLE UNIT WITHOUT THE WRITTEN CERTIFICATION BY THE
CITY THAT THE PURCHASER / TRANSFEREE IS AN ELIGIBLE HOUSEHOLD,
THE PURCHASE PRICE OF THE AFFORDABLE UNIT IS WITHIN THE
DEFINITION OF AFFORDABLE SALES PRICE AND THE SALE OR TRANSFER
COMPLIES WITH THE CITY INCLUSIONARY HOUSING REQUIREMENTS.
ANY SALE OR OTHER TRANSFER OF THE AFFORDABLE UNIT IN
VIOLATION OF THIS AGREEMENT SHALL BE VOID.
8. Permissible Transfers. The following transfers of title to a Affordable Unit or any
interest therein are not subject to the City's prior written approval so long as the
transferee's household (i.e., the persons or persons acquiring ownership of the
Affordable Unit) qualifies as an Eligible Household and occupies the Affordable Unit
in compliance with the terms of this-Agreement- (a) transfer by gift, devise or
inheritance to the spouse, issue or adopted child of the Owner; (b) transfer resulting
from death of an Owner when the transfer is to a co -Owner or joint tenant; (c) transfer
by an Owner to any person who becomes a co -Owner of the Affordable Unit provided
(i) the Owner retains at least a 33 % interest in the Affordable Unit, (ii) the co -Owner
and Owner together qualify as an Eligible Household, and (iii) co -owner agrees to be
bound by this Agreement by signing a copy of this Agreement and delivering it to .the
City; (d) transfer of title to a spouse resulting from divorce; (e) decree of dissolution or
legal separation or from a property settlement agreement incidental to such a.decree in
which one of the Owners becomes the sole owner; (f) acquisition of title to the
Affordable Unit or interest therein in conjunction with marriage; or (g) a transfer
between co- Owners or a transfer by Owner into an inter vivos trust in which Owner is a
beneficiary and Owner continues to occupy the Affordable Unit.
Exhibit D
840756v8 80078/0022 - 4 -
9.. :Effect of Sale. THE PURCHASER OF THE AFFORDABLE UNIT FROM OWNER
SHALL ENTER INTO AND RECORD AT THE CLOSE OF ESCROW A NEW
REFINANCE AND RESALE LIMITATION AGREEMENT AND OPTION TO
PURCHASE, IN A FORM SIMILAR TO.THIS AGREEMENT, SUPPLIED AND
APPROVED BY THE CITY, AND FOR THE BENEFIT OF THE CITY. IF THE
AT TA 0L7 A QUT) I' A TT ( T!l t�tiT /�r TmT ti Tr �� s _
la 1`7`1,( i A IN A�i,KEi✓1viE i , PURCHASER WILL
REMAIN SUBJECT TO THIS AGREEMENT. UPON THE CLOSING, AND.
RECORDATION OF THE NEW REFINANCE AND RESALE LIMITATION
AGREEMENT AND OPTION TO PURCHASE, OWNER SHALL HAVE NO
FURTHER OBLIGATIONS OR LIABILITIES TO THE CITY WITH RESPECT TO
THE AFFORDABLE UNIT. INCLUDING WITHOUT LIMITATION ANY
RESPONSIBILITY FOR COMPLIANCE BY THE PURCHASER OR ITS
SUCCESSORS WITH THE TERMS AND CONDITIONS OF THE NEW
REFINANCE AND RESALE LIMITATION AGREEMENT AND OPTION TO
PURCHASE.
10: City's Option to Purchase.
a. Option Notice.. If Owner cannot in good. faith, and despite using best
commercially reasonable efforts, locate an Eligible Household to purchase the
Affordable Unit at an Affordable Sales Price, Owner shall have the right, but
not the obligation, to give the City written notice of such circumstances
( "Option Notice "). However, the Owner shall not sell the Affordable Unit for a
price that exceeds the Affordable Sales Price or to a non- Eligible Household
without first giving the City an Option Notice so that the City has the
opportunity-lo exercise the option granted by this Section 10.
b. Option. In the event Owner gives City an Option Notice or Owner is in default
under Section 15 below, the City may purchase the.Affordable Unit at 'a price.
equal to the lesser of (i) the fair market value of the Affordable Unit (as
determined by agreement of the parties or in the absence of an agreement, by an
appraisal acceptable to the City), or (ii) the Affordable Sales Price, using the
maximum housing cost for the Eligible Household, as adjusted for the
applicable unit size as defined.in Health and Safety Code Section 5.0052 or any
successor thereto. This option shall be exercised by the City giving the Owner
notice, no later than ninety (90) days following City's receipt of the Option
Notice or Owner's Default, of the City's intent to purchase the Affordable Unit
( "Exercise Notice "). The City may designate another governmental entity, a
nonprofit organization or an Eligible Household to purchase the Affordable
Unit. If City or its designee does not exercise the option to purchase the
Affordable Unit, then the terms of Section 12 below shall apply.
11. Escrow. If the City exercises its rights under Section 10 above, the closing of the
purchase and sale of the Affordable Unit to the City or its designee shall be effectuated.
in accordance with the following provisions:
Exhibit D
840756v8 80078/0022 5
a. Close of Escrow. Close of escrow shall occur no later than one hundred twenty
(120) days following the receipt by Owner of the Exercise Notice. If escrow is
required to close on a Saturday, Sunday or Holiday, it shall close on the next
business day.following the Saturday, Sunday or Holiday.
b. Prorations and Costs. All title insurance premiums, transfer,taxes and escrow
fees shall'be paid according to customary practice in Sonoma County.
C. Escrow Instructions. The parties shall execute all escrow instructions which the
Escrow Holder reasonably requires within fifteen (15) days after the request
thereof. All escrow instructions shall be. consistent with the provisions.of this
Agreement.
d. Proceeds of Escrow; Removal of Exceptions to Title. Owner shall convey the
Affordable Unit to City free and clear of all liens other than the lien for current,
unpaid, non- delinquent taxes. All amounts deposited into escrow by City shall
be applied first to the payment of liens recorded against the Affordable Unit in
order of lien _priority, and thereafter to the Owner's share of escrow fees and
closing costs. The balance of the Option purchase price remaining after
payment of liens and Owner's share of escrow fees.and closing costs, if any,
shall be paid to Owner upon the close of escrow.
12. Owner's Right to Sell Free of Restrictions. In the event City does not exercise the
purchase option provided pursuant to Section 10, or City does exercise the option but
fails to close the transaction as provided in Section I 1 above for any reason other than a
default by Owner, Owner shall have the right, for a period of 180 days after the date
City's option expired or.City failed to close, as the case may be, to.sell the Affordable
Unit for a market sales price to any buyer, regardless of income, without any obligation
on the part of the buyer to enter into and record a new Refinance and Resale Limitation
Agreement and Option to Purchase at closing. In the event of such a sale, this
Agreement shall have no force or effect as an encumbrance against the Affordable Unit
on and after the closing date. If Owner or the buyer requests, the City shall provide a
recordable quitclaim deed at closing in accordance with Section 17 below. If Owner
does not close on the sale of the Affordable Unit within the 180 day - period provided
herein, the requirements of this Agreement shall again apply to any proposed sale of the
Affordable Unit, including without limitation, the City option rights.
13. Transfer Fees_ Upon the transfer of the Affordable Unit during the Term, Owner shall
pay City a transfer fee in the. amount of
14. Other Covenants.
a. No. Discrimination. Owner covenants by and for itself and any successors in
interest that there shall be no discrimination against or segregation of any
person or I group of persons on account of race, color, creed; religion, sex, age,
marital status, disability, national origin or ancestry in the sale, lease, sublease,
transfer, use, occupancy, tenure or enjoyment of the Affordable Unit, nor shall
Exhibit D
840756v8 80078/0022 - 6 -
the Owner itself or any person claiming under or through it establish or permit
any such practice or- practices of discrimination or segregation with reference to.
the selection, location, number, use or occupancy of tenants, lessees or vendees
in the Affordable Unit.
V. ivianuenance. inuring the duration of this Agreement, Owner shall keep. the
Affordable Unit in good condition, order and repair and shall not commit waste
or permit impairment, demolition.or deterioration of the Affordable Unit. City
shall have the right to inspect the Affordable Unit, provided notice is given to
the owner prior to any such inspection..
c. Taxes and Assessments. Owner shall pay at least ten days before delinquency;
all taxes and assessments on the Affordable Unit.
d. No Liens. Owner shall keep the Affordable Property free from mechanic's and
other liens.
15. Defaults and Remedies.
a. Default. Failure or delay by Owner to perform any term
, provision or covenant
of this Agreement which, is not cured within thirty (30) days after receipt of
notice from City constittes a default under this Agreement ( "Default ").
b. Misdemeanors. It shall be unlawful, a public nuisance and a misdemeanor for
any person'to sell or rent. an affordable unit at a price or rent exceeding the
maximum allowed under this chapter or to a household not qualified under this
chapter, and such person shall be subject to a fine of five hundred dollars ($500)
per month from the date of original noncompliance until the affordable unit is in
compliance with this section.
b. Remedies. The Rohnert Park city attorney's office or the Sonoma County
district attorney, as appropriate, shall be authorized to abate violations of this
chapter and to enforce the provisions of this chapter and all implementing
regulatory agreements and resale controls placed on affordable units by civil
action, injunctive relief, and any other proceeding or method permitted by law.
City, in the event of any breach of any terms, provisions or covenants contained
herein, shall have the right to exercise all of its rights and remedies allowed by
this Agreement and by law, including the right to exercise the option set forth in
Section 10, and to maintain any actions at law or suits in equity or other proper
proceedings to enforce the curing of such breach.
16. Notices. Notices required to be given to the City or to Owner shall be given by hand
delivery, recognized overnight courier (such as UPS, DHL or FedEx) or by certified
mail, return receipt requested, to the following addresses, or to such other address(es)
as a party may designate from time to time by written notice to the other:
Exhibit D
840756v8 80078/0022
-7-
To City:
City of Rohnert Park
Planning Department
6750,Commerce Boulevard
Rohnert Park, CA 94928
To Owner:
At the address set forth in Recital A.
17. Duration. The covenants set forth herein shall be covenants running with the land and
shall inure to the benefit of the City and its.successors and assigns, and shall be
enforceable by the City of Rohnert Park or their successors and assigns, without regard
to whether the City is or remains an owner of any land or interest to which such
covenants relate, until the date that is 30 years after the date this Agreement is recorded
("Term "). The parties agree that for the Term of this Agreement, all future deeds or
transfers of interest shall show or reference the applicable restrictions of this
Agreement. Upon expiration of the Term, City shall provide Owner with a quitclaim,
release or other instrument, in recordable form, sufficient to confirm the release the
Affordable Unit from the effect of this Agreement.
18. Amendment. This Agreement may be amended only in a writing signed by City and
the Owner.
19. No Impairment of Lien. No violation or breach .of the.covenants, conditions,
restrictions, provisions or limitations contained in this Agreement shall defeat or, render
invalid or in any way impair the lien or charge of any mortgage, deed of trust or other
financing or security instrument; provided, however, that any successor to Owner as
owner of the Affordable Unit shall be bound by such covenants,. conditions, restrictions,
limitations and provisions, whether such successor's title was acquired by foreclosure,
deed in lieu of foreclosure, trustee's sale or otherwise.
20. Successors and Assigns. The covenants contained in this Agreement shall inure to the
benefit of the City and its successors and assigns and shall be binding upon Owner and
any successor in interest to the Affordable Unit. Provided that Owner has complied
with all terms of this Agreement, upon the transfer. by Owner, of all of its interest in the
Affordable Unit, such Owner shall automatically be released from and have no further.
obligations or liabilities under this Agreement, and all references in this Agreement to
Owner thereafter shall mean and refer to such successor in interest of a prior. Owner as
may then be the owner of the Affordable Unit. The covenants shall run in favor of the
City and its successors and assigns for the entire period during which such covenants
shall be in force and effect, without regard to whether the City is or remains an owner
of any land or interest. therein to which such covenants relate. The City, and its
successors and assigns, in the event of any breach of any such covenants, shall have the
right to .exercise all of the rights and remedies, and to maintain any actions_ at law or
suits in equity or other proper proceedings, to enforce the curing of such breach.
Exhibit D
840756v8 80078/0022 - $
2L No Third Party Beneficiaries; Notwithstanding anything in this Agreement to the
contrary, there are no third party beneficiaries of this Agreement.
22. California Law. This Agreement shall be construed in accordance with and be
governed by the laws of the State of California.
23. %Severability. Should any provision of this Agreement be found invalid or .
unenforceable by a court or other body of competent jurisdiction, said invalidity,
unenforeeability or ineffectiveness shall not affect the validity of the remaining
provisions which shall remain in force to the maximum extent possible.
[Signature page follows]
Exhibit D
840756v8 80078/0022
-9-
IN WITNESS WHEREOF, the City and the Owner have caused this Agreement to be
executed on their behalf by their respective officers thereunto duly authorized.
Dated for reference purposes only as of 120
CITY:
Date: THE CITY OF ROHNERT PARK
By:
Name:
Its: City Manager
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
OWNER:
. Date:
By: _
Name-
By: —
Name: —
SIGNATURES MUST BE NOTARIZED
Exhibit D
840756v8 80078/0022 -10-
State. of California )
)SS..
County of )
' ucfuic 111c, , personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) . is /are subscribed to the within instrument and acknowledged to me that
he /she/they executed the same in his/her /their authorized capacity(ies), and that by his/her /their
signature(s) on the instrument the person(s), or the ' entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal. (Seal)
Signature
State of California )
) ss.
County of )
On - before .me, ;personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) Ware subscribed to the within instrument and acknowledged to me that
he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal. (Seal)
Signature
840756v8 80078/0022
'ti J
State of California )
) ss.
County of )
On before me, , personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is /are subscribed to the within instrument and acknowledged to me that
he /she /they executed same in his/her /their authorized capacity(ies), and that by his/her /their
signature(s) on the instrument the person(s), or the entity upon behalf of which . the person(s)
acted, executed the instrument.
WITNESS my hand and official seal. (Seal)
Signature
840756v8 80078/0022
THERE ARE RESTRICTIONS ON THE SALE OF THE PROPERTY
YOU. ARE BUYING_ YOU MAY NOT SELL THE PROPERTY FOR
MARKET VALUE TO WHOMEVER YOU LIKE. YOU MUST SELL THE
PROPERTY TO AN "ELIGIBLE HOUSEHOLD" AT AN "AFFORDABLE
SALES PRICE.,'. IF YOU CANNOT DO SO, YOU MUST NOTIFY THE
CITY; WHICH HAS AN OPTION TO PURCHASE THE PROPERTY.-
THERE ARE ALSO RESTRICTIONS ON OBTAINING AND
REFINANCING LOANS IN CONNECTION WITH THE PROPERTY. YOU
MAY NOT OBTAIN. OR REFINANCE ANY EXISTING LOAN THAT
CAUSES YOUR INDEBTEDNESS TO EXCEED THE "AFFORDABLE
SALES PRICE," EXCEPT AS OTHERWISE APPROVED IN WRITING BY
THE CITY OF ROHNERT PARK.
THESE RESTRICTIONS WILL BE IN EFFECT UNTIL
20_. IF YOU SELL THE PROPERTY IN VIOLATION.
OF THE RESTRICTIONS, THE SALE SHALL BE VOID.
TO DETERMINE WHO IS AN ELIGIBLE HOUSEHOLD AND WHAT
AN AFFORDABLE SALES PRICE IS, YOU SHOULD CONTACT THE CITY
OF ROHNERT PARK'S HOUSING MANAGER.
I HAVE READ THIS DISCLOSURE STATEMENT AND THE RESALE
AND REFINANCE LIMITATION AGREEMENT AND OPTION TO
PURCHASE AND I UNDERSTAND WHAT THEY MEAN.
Owner
Owner
-I HAVE REVIEWED THE ABOVE DISCLOSURE STATEMENT AND .
THE RESALE AND REFINANCE LIMITATION AGREEMENT AND OPTION
TO PURCHASE WITH THE OWNER.
City Housing Manager
Attachment 2.
to Exhibit D
840756v8 80078/0022
t�
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Rohnert Park
Planning Department
6750 Commerce Boulevard
Rohnert Park, CA 94928 -2486
ATTACHMENT 3
(Space Above This Line for Recorder's Use Only)
[Exempt from recording fee per Gov. Code § 27383]
DEED OF TRUST AND SECURITY AGREEMENT
APN: h4a he insertedl
THIS DEED OF TRUST AND SECURITY AGREEMENT ("Deed of Trust ") is made
this day of 120
( "Trustor "), whose address is ,
( "Trustee "), whose address is , and the City of
Rohnert Park( "Beneficiary"), whose address is 6750 Commerce Boulevard, Rohnert Park, CA
94928.
Trustor irrevocably grants, conveys, transfers and assigns to Trustee in trust, with power of sale
and right of entry and possession, all of Trustor's right, title and interest now owned or hereafter
acquired in and to the real property in Sonoma County, California, described on Exhibit A
attached hereto and incorporated herein by this reference, together with all buildings, structures
and improvements now existing or hereafter constructed thereon ( "Improvements ") and all other
property and interests of any kind or character which may be reasonably necessary or desirable
to promote the present and future beneficial use and enjoyment of such real property and
improvements ("Property").
1. Secured Obligations. Trustor makes the grant, conveyance, transfer and assignment
herein for the purpose of securing Trustor's obligations under that certain Refinance and Resale
Limitation Agreement between Trustor and Beneficiary, dated ( "Secured
Obligations").
2. Maintenance and Repair. Trustor shall (a) keep the Property in good condition and
repair and not remove or demolish any building; (b) complete or restore promptly and in good
and workmanlike manner any building which may be constructed, damaged or destroyed; (c) pay
when due all claims for labor performed and materials furnished; (d) comply with all laws
affecting the Property or requiring any alterations or improvements to be made; (e) not commit
or permit waste; and (f) cultivate,. irrigate, fertilize, fumigate, prune and do all other acts which
from the character or use of the Property may be reasonably necessary.
3. Insurance. Trustor shall maintain hazard insurance against loss by fire, hazards included
with the term "extended coverage," and any other hazards for which Beneficiary requires
insurance, and liability insurance. The insurance carrier and the insurance policies and amounts
Attachment 3
to Exhibit D
840756v8 80078/0022 _ 1
of coverage shall be acceptable to Beneficiary, the liability policy. shall name Beneficiary as an.
additional insured, and shall require 30 days' prior notice to Beneficiary before the policy is
modified or terminated.
4. Defense of Security. Trustor shall appear in and defend any action or proceeding
purporting to affect the security or the rights or powers of Beneficiary or Trustee. Trustor shall
pay all costs and expenses, including costs of evidence of title and attorneys' fees, in any such
action or proceeding in which Trustee or Beneficiary may appear, and in any suit brought by
Beneficiary to foreclose this Deed of Trust:
5. Payment of.Taxes. and Liens: Trustor shall pay (a) at least 10 days before delinquency,
all_ taxes and assessments affecting the Property, including water stock assessments; (b) when
due, all encumbrances, charges and liens, with interest,.on the Property, which are or appear to
be prior or superior to this Deed of Trust; and (c) upon demand all costs, fees and expenses of
this Deed of Trust. If Trustor fails to make any payment or to do any act provided for in this
Deed of Trust, then Beneficiary or Trustee may, without obligation to do so, and with or without
notice to or demand upon Trustor, and without releasing Trustor from any obligation .under this
Deed of Trust: (i) make or do the same in such manner and to such extent as either may deem
necessary to protect the security, Beneficiary or Trustee being authorized to enter upon the
Property for such purposes; (ii) appear in or commence any action or proceeding purporting to
affect the security, or the rights or powers of Beneficiary or Trustee; (iii) pay, purchase, contest
or settle any encumbrance, charge or lien which. in the judgment of either appears to be senior to
this Deed of Trust; and (iv) in exercising any such powers, pay allowable expenses, including
attorneys' fees.
6. Reimbursement of Costs. Trustor shall pay upon demand all sums expended by
Beneficiary or Trustee provided for in this Deed of Trust or allowed by law, with interest from
date of expenditure at the maximum rate allowed by law.
7. No Waiver. By accepting payment of any sum after its due date, Beneficiary does not
waive its right either to require prompt payment when due of all other sums or declare a default
for failure to pay.
8. Reconveyance. That upon written request of Beneficiary stating that the Secured.
Obligations have been fulfilled, and upon surrender of this Deed of Trust, Trustee shall
reconvey, without warranty, the property then held hereunder. The recitals of such reconveyance
of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in such
reconveyance may be described as "the person or persons legally entitled thereto."
9. No Renting Allowed. Trustor may not rent or lease all or any portion of the Property.
10. Default and Foreclosure. Upon default by Trustor in performance of any Secured
Obligation, Beneficiary may deliver to Trustee a declaration of default and demand for sale and
of a notice of default and a notice of sale, which notice Trustee shall cause to be filed for record.
Beneficiary also shall deposit with Trustee this Deed of Trust and all documents evidencing the
Secured Obligations and expenditures, if any, secured by this Deed of Trust. Upon default of
any obligation secured by this.Deed of Trust and acceleration of all sums due, if any, Beneficiary
Attachment 3
to Exhibit D
840756v8 8007870022 - 2 -
v
may instruct Trustee to.proceed with a sale of the Property under the power of sale granted in
this Deed of Trust; noticed and held in accordance with California Civil Code Sections 2924,
et seq.; as such statutes may be amended from, time to time. Trustor waives all rights it may have
to require marshaling of assets or to require sales of assets in any particular order, including any
rights under California Civil Code Sections 2899 and 3433.
11. Substitution of Trustee. Beneficiary, or any successor beneficiary of the Secured
Obligations or of any indebtedness secured hereby, may from time to time, by instrument in
writing, substitute a successor or successors to any Trustee named herein or acting hereunder,
which instrument executed by the Beneficiary and duly acknowledged and recorded in the office
of the recorder of the county. or counties where the Property is situated, shall be conclusive proof
of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from
,the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument
must contain the name of the original Trustor, Trustee and Benef ciary hereunder, the book and
page where this Deed of Trust is recorded and the name and address of the new Trustee:
12. Successors 'and Assigns. This Deed of Trust applies to, inures to the benefit of; and
binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and
assigns. The term 'Beneficiary shall mean the holder; including pledgees, of the covenants set
forth in the Resale and Refinance Restrictions and Option to Purchase, whether or not named as
Beneficiary. herein.
13. Trustee Acceptance. Trustee accepts this trust when this Deed of Trust, duly executed
and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify
any party hereto of pending sale under any other deed of trust or of any action or proceeding in:
which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee:
14. Further Assurances. Trustor shall, at its own cost and expense, do, execute,
acknowledge, and deliver ail and every such fbi -the acts, deeds, Lonvcyarices; mortgages,
assignments, notices of assignments, transfers, and assurances as Trustee or Beneficiary shall
from time to time.require; for better assuring, conveying, assigning, transferring,_ and confirming
unto Trustee the Property and rights hereby conveyed or assigned or intended now or hereafter
sd to be, or which Trustor may be or may hereafter become bound to convey or assign'to Trustee,
or for carrying out the intention or facilitating the performance of the terms of this Deed of Trust,
or for filing, registering, or recording this Deed of Trust. Trustor shall, on demand, execute and
deliver, and hereby authorizes Trustee and Beneficiary, or either of them, to execute in the name
of Trustor, to the extent it may lawfully do so, one or more financing. statements, chattel
mortgages, or comparable security instruments, to evidence more effectively the lien heroof.
Immediately upon the execution and delivery of this Deed of Trust, and thereafter from time to
time, Trustor shall cause this Deed of Trust, and any security instruments creating a lien or
evidencing the lien hereof upon any personal property and each instrument of further assurance;
to be filed, registered, or recorded in such manner and in such places as may be required by any
present or future law in. order to publish notice of and fully to protect the lien hereof upon, and
the title of Trustee to, the Property encumbered hereby.
15. Condemnation and Insurance Proceeds. Immediately upon obtaining knowledge of
the institution of any proceedings.for the condemnation or other taking of all or any portion of
Attachment 3
to Exhibit D
840756v8 80078/0022 _ 3
the Property, or knowledge of any casualty damage to the Property, or damage in any other
manner, Trustor shall immediately notify Beneficiary thereof_ Trustorhereby authorises and
empowers Beneficiary as attorney =in -fact for Trustor to make proof of loss, to adjust and
compromise any claim under the insurance policies covering the Property, to appear in and
prosecute any action arising from such insurance. policies, to collect and receive insurance
proceeds,.and to deduct therefrom Beneficiary's expenses incurred in the.collection of such
proceeds; provided, however, that nothing contained in this Section shall require Beneficiary to
incur any expense or take any action hereunder. Trustor hereby authorizes and empowers
Beneficiary, at Beneficiary's option, as attorney -in -fact for Trustor, to commence, appear in and
prosecute, in Beneficiary's or Trustor's name, any action or proceeding relating to any
condemnation or other.taking of all or any part of the Property, whether direct or indirect, and to
settle or compromise any claim in connection with such condemnation or other taking. The
proceeds of any award payment or claim for damages, direct or consequential, in connection with
any condemnation or other taking, whether direct or indirect, of the Property, or any part thereof,
or for conveyances in lieu of the Property, or any part thereof, shall be paid to Beneficiary. The
foregoing powers of attorney are coupled with an interest and are irrevocable. Trustor hereby
authorizes Beneficiary to apply such awards, payments, proceeds or damages relating to
condemnation of the Property and insurance covering the. Property, after the deduction of
Beneficiary's expenses incurred in the collection of such amounts, at Beneficiary's option,
subject to the requirements of applicable law and the provisions hereof, to restoration or repair of
the Property or to payment of the sums secured by this Deed of Trust. Beneficiary shall be under
no obligation to.question the amount of any compensation, awards, proceeds, damages, claims,
rights of action, and payments relating to condemnation or other taking of the Property or insured
casualty affecting the Property, and may accept the same in the amount in which the same shall
be paid. Trustor shall execute such further evidence of assignment of any awards, proceeds
damages or claims arising in connection with such condemnation or taking or such insurance as
Beneficiary may require.
16. Severability. If any one or more of the provisions contained in this Deed of Trust shall
for any reason be held to be invalid, .illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provisions of this Deed of Trust, but this
Deed of Trust shall be construed as if such invalid, illegal, or unenforceable provision had never
been contained herein or therein, but only to the extent of such invalidity.
17. Estoppel Certificate. Trustor shall, within ten (10) days of a written request from
Beneficiary, furnish Beneficiary with a written statement, duly acknowledged, setting forth the
sums secured by this Deed of Trust and any right of set -off, counterclaim or other defense which
exists against such sums and the obligations of this Deed of Trust.
18. Due -Oil -Sale or Encumbrance. If all or any part of the Property, or any interest
therein, or any beneficial interest in Trustor (if Trustor is not a natural person or persons but is a
corporation, partnership, trust, limited liability company or other legal entity), is sold,
transferred, mortgaged, assigned, pledged, or further encumbered, whether directly or indirectly,
whether voluntarily or involuntarily or by operational law, Beneficiary may, at Beneficiary's
option invoke any remedies permitted by this Deed of Trust.
Attachment 3
to Exhibit D
840756v8 80078/0022 - 4 -
The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of
Sale hereunder be mailed to Trustor at Trustor's. address hereinbefore set forth.
TRUSTOR:
Name:
By:
Name:
Attachment 3
to Exhibit D
840756v8 80078/0022
-5-
L.J
Exhibit A
Situated in the State of California, City of Rohnert Park, County of Sonoma, and described as
follows:
[insert legal description]
i`
840756v8 80078/0022
State of California
) ss.
County of )
On hefnn- my
.. __ PLaoullally i11. pcarea
personally known to me_(or proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is /are subscribed to the within .instrument 'and acknowledged to me that
he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official sea]. (Seal)
Signature
State of California )
ss_
County of
On before me, , personally appeared
persoiiaiiy known to me (or proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is /are subscribed to the within instrument and acknowledged to me that
fie /she /they executed the same in _his/her/their authorized capacity(ies), and that by his/her /their
signature(s) on the instrument .the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal. (Seal)
Signature
840756v8 80078/0022
ATTACHMENT 4
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of.Rohnert Park
Planning Department
6750 Commerce Boulevard
Rohnert Park; CA 94928 -2486
[Exempt from recording fee per Gov. Code § 273831
REQUEST FOR NOTICE UNDER SECTION 2924B CIVIL CODE
In accordance with Section 2924b, Civil Code, request is hereby made that a copy of any Notice
of Default and a copy of any.Notice of Sale under the Deed of Trust recorded as Instrument No.
on , in the Official Records of Sonoma County, California, and
describing land therein as:
executed by
as Trustor, in which
is named as Beneficiary, and , as
Trustee, be mailed to the City of Rohnert Park, 6750 Commerce Boulevard, Rohnert Park, CA
94928, Attn:
By:
Name:
NOTICE: A COPY OF ANY NOTICE OF DEFAULT AND OF ANY NOTICE OF SALE
WILL BE SENT ONLY TO THE ADDRESS CONTAINED IN THIS RECORDED REQUEST_
IF YOUR ADDRESS CHANGES, A NEW REQUEST MUST BE RECORDED.
Attachment 4
to Exhibit D
840756v8 80078/0022
J
State of California,)
) ss
.County of . ).
Un before me, , personably appeared
personally known to me (or proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is /are subscribed to the within instrument and acknowledged to me that
he/she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their
signatures) on the .instrument the person(s), or the, entity upon behalf of which the person(s)
acted, executed the instrument_
WITNESS my hand and official seal. (Seal)
Signature I
,
840756x8 80078/0022
ATTACHMENT 5
Notice of Intent to Transfer
VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED
To: City of Rohnert Park
6750 Commerce Boulevard
Rohnert Park, CA 94928
Attn: Housing Manager
Date:
Re: Notice of Intent to Transfer
The undersigned Owner(s),
hereby give(s) notice of his/her /their intent to transfer the property located at
Rohnert.Park, California ("Property")- Owner may be contacted
at the Property or at the following address:
Owner's daytime telephone number is ( )
The proposed transfer of the Property is to the following person(s):
Name:
Address:
Telephone: { )
The proposed transfer is (check one):
❑ Sale
❑ Other Specify:
Owner(s) signature(s):
Attachment 5 to Exhibit D
840756v8 80078/0022
Agenda Packet Preparation TIMELINES for Regular City Council Meetings
held on the 2" d & 4d' 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)
RESOLUTION NO. 2008-172
Council:
X
Miscellaneous
Communications
Agenda: 10128/08
X
10/22108 -TG
Copy to:
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
Meeting Date: October 28, 2008
Department: ' Administration
Submitted By: Dan Schwarz, Interim City Manager
Submittal Date: October 22, 2008
Agenda Title: IDENTITY THEFT PREVENTION PROGRAM
Requested Council Action:. Adopt a Resolution Establishing an Identity Theft Prevention Program as
Required by the Fair and Accurate Credit Transactions Act (FACTA)
Summary:
The Federal Trade Commission (FTC), the federal bank regulatory agencies, and the National Credit
Union Administration (NCUA) have issued regulations (the Red Flags Rules) requiring financial
institutions and creditors to develop and implement written identity theft prevention programs, as part of
the Fair and Accurate Credit Transactions Act (FACTA). The programs must be in place by November 1,
2008, and must provide for the identification, detection, and response to patterns, practices, or specific
activities — known as "red flags" — that could indicate identity theft.
The Red Flag Rules apply to local government entities considered to be "creditors" with "covered
accounts." The FTC considers a government entity to be a creditor where it defers payment for goods or
services by its customers. As the City provides water, sewer, and refuse services to customers, and the
customers do not pay for these services until after they have been provided, the adoption of an identity
theft program is required. Failure to design and implement a program may lead to an administrative fine
from the FTC of up to $2500, as well as exposure to liability in civil actions.
Enclosures: Draft Resolution and Identity Theft Prevention Program (Exhibit A)
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: ><onsent Item ( ) Regular Time
Approval () Public Hearing Required
( ) Not Recommended O Submitted with Comment
( ) Policy Determination by Council
( ) City Comments:
Interim City Manager's Signature: f Date: % C�v
RESOLUTION NO. 2008-172
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ESTABLISHING AN IDENTITY THEFT PREVENTION PROGRAM
WHEREAS, the Federal Trade Commission ( "FTC ") has adopted regulations requiring
"creditors" with "covered accounts" to develop and implement by November 1, 2008, an identity
theft prevention program that complies with those regulations;
WHEREAS, the FTC considers a government entity to be a "creditor" where it defers
payment for goods or services by its customers;
WHEREAS, as the City provides water, sewer, and refuse services to customers, and the
customers do not pay for these services until after they have been provided, the adoption of an
identity theft program is required; and
WHEREAS, the City Council desires to take action to comply with the applicable FTC
regulations by adopting an identity theft prevention program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert
Park adopts and directs City staff to implement the City of Rohnert Park Identity Theft
Protection Program attached as Exhibit "A."
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park this 281h day of October, 2008.
CITY OF ROHNERT PARK
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Exhibit "A"
City of Rohnert Park
Identity Theft Prevention
Program
Effective November I, 2008
I. PROGRAM ADOPTION
The City of Rohnert Park ( "City ") developed this Identity Theft Prevention Program
( "Program ") pursuant to the Federal Trade Commission's Red Flag identity theft Rules ( "Red Flag
Rules "), which implements Section 114 of the Fair and Accurate Credit Transactions (FACT) Act
of 2003. The Program was adopted by the City Council of the City of Rohnert Park on October 28,
2008.
II. PROGRAM PURPOSE AND DEFINITIONS
A. Fulfilling requirements of the Red Flags Rule
Under the Red Flag Rules, every financial institution and creditor is required to develop and
implement a written identity theft prevention program tailored to its size, complexity and the nature
of its operation. Rohnert Park qualifies as a "creditor" under FACTA because it defers payments
for the sale of utilities given to customers on a daily basis which are paid at the end of a billing
cycle.
The purpose of the Program is to:
Identify relevant Red Flags for new and existing covered accounts and incorporate those
Red Flags into the Program;
2. Detect Red Flags that have been incorporated into the Program;
3. Respond appropriately to any Red Flags that are detected to prevent and mitigate
identity theft; and
4. Ensure the Program is updated periodically to reflect changes in risks to customers and
to continually protect the creditor from identity theft.
1139050v1A 80078/0012
Exhibit "A"
P. Definitions used in this Program
"Covered account ":
1. Any account the City offers or maintains primarily for personal, family or household
n thnt itw0IV— mnitl —IP --Pnt0 nr trano9ntinno rn�7PNPf1 gnon77nfv /nollirb-
pLlrpiJJO J, LIALLL Ail V VA Y J ASS LLALA�JSY I'LL. A13LSS.. VS L2 LL22J L!! LSV23J> vv Y! 2ve2 -- I-- S_Sb2 ALeby
but are not limited to, utility accounts; and
2. Any other account the City offers or maintains for which there is a reasonably
foreseeable risk to customers or to the safety and soundness of the creditor from identity
theft, including financial, operational, compliance, reputation or litigation risks.
"Director ":
The City Manager, or his /her designee.
"Identifying information ":
Any name or number that may be used, alone or in conjunction with any other information,
to identify a specific person, including: name, address, telephone number, social security number,
date of birth, government issued driver's license or identification number, alien registration number,
government passport number, employer or taxpayer identification number, unique electronic
identification number, computer's Internet Protocol address, or routing code.
"Red Flag(s) ":
A pattern, practice or specific activity that indicates the possible existence of identity theft,
as more particularly described in Section III, below.
III. IDENTIFICATION OF RED FLAGS.
In order to identify relevant Red Flags, the City considers the types of accounts that it offers
and maintains, the methods it provides to open its accounts, the methods it provides to access its
accounts, and its previous experiences with identity theft. The City identifies the following red
flags, in each of the listed categories:
Red Flags
A. Suspicious Personal Identifying Information
Identifying information presented that is inconsistent with other information the
customer provides (example: inconsistent birth dates);
2. Identifying information presented that is inconsistent with other sources of information;
3. Identifying information presented that is the same as information shown on other
applications that were found to be fraudulent;
4. Identifying information presented that is consistent with fraudulent activity (such as an
invalid phone number or fictitious billing address);
1139050v1A 80078/0012 2
5. An address or phone number presented that is the same as that of another person;
6. A person fails to provide complete personal identifying information on an application
when reminded to do so; and
7. A person's identifying information is not consistent with the information that is on file
for the customer.
B. Suspicious Account Activity or Unusual Use of Account
Red Flags
1. Change of address for an account followed by a request to change the account holder's
name;
2. Payments stop on an otherwise consistently up -to -date account;
3. Account used in a way that is not consistent with prior use (example: very high
activity);
4. Mail sent to the account holder is repeatedly returned as undeliverable;
5. Notice to the City that a customer is not receiving mail sent by the City;
6. Notice to the City that an account has unauthorized activity;
7. Breach in the City's computer system security; and
8. Unauthorized access to or use of customer account information.
C. Notifications and Warnings from Credit Reporting Agencies
1. Report of fraud accompanying a credit report;
2. Notice or report from a credit agency of a credit freeze on a customer or applicant;
3. Notice or report from a credit agency of an active duty alert for an applicant; and
4. Indications from a credit report of activity that is inconsistent with a customer's usual
pattern or activity.
D. Alerts from Others
Red Flay
Notice to the City from a customer, identity theft victim, law enforcement or other person
that the City may have opened or may be maintaining a fraudulent account for a person engaged in
identity theft.
1139050v1A 80078/0012 3
Exhibit "A"
IV. DETECTING RED FLAGS.
Red Flags will generally be detected when a person approaches the service counter to open
an account, pay for a service or undertake another type of transaction.
A XT..��, A ...........4..
In order to detect any of the Red Flags identified above associated with the opening of a new
account, City personnel will take the following steps to obtain and verify the identity of the person
opening the account:
Require certain identifying information such as name, date of birth, residential or
business address, principal place of business for an entity, driver's license or other
identification;
2. Verify the customer's identity (e.g. review driver's license or other identification card);
and
3. Review documentation showing the existence of a business entity (if applicable).
B. Existing Accounts
In order to detect any of the Red Flags for an existing account, City personnel will take the
following steps to monitor transactions with an account:
Verify the identification of customers if they request information, whether in person, via
telephone, via facsimile or via e -mail;
2. Verify the validity of requests to change billing addresses; and
3. Verify changes in banking information given for billing and payment purposes.
V. RESPONDING TO RED FLAGS AND MITIGATING IDENTITY THEFT
In the event City personnel detects any identified Red Flags, they shall take one or more of
the following steps, depending on the degree of risk posed by the Red Flag:
Responsive Action
1. Continue to monitor an account for evidence of identity theft;
2. Contact the customer;
3. Change any passwords or other security devices that permit access to accounts;
4. Not open a new account;
5. Close an existing account;
6. Reopen an account with a new number;
7. Notify the Director for determination of the appropriate step(s) to take;
8. Notify law enforcement; and /or
9. Determine that no response is warranted under the particular circumstances.
1139050v1A 80078/0012 4
Exhibit "A"
Protect customer identifyinIz information
In order to prevent of identity theft occurring with respect to covered accounts, the City will
take the following steps with respect to its internal operating procedures to protect customer
identifying information:
1. Ensure that office computers are password protected;
2. Keep offices clear of papers containing customer information;
3. Ensure computer virus protection is up to date;
4. Require and keep only the kinds of customer information that are necessary for utility
purposes; and
5. Ensure complete and secure destruction of paper documents and computer files containing
customer information.
VI. PROGRAM UPDATES
This Program will be periodically reviewed and updated to reflect changes in risks to
customers and the ability of the City to prevent identity theft. At least annually, the Director will
consider the City's experiences with identity theft, changes in identity theft methods, changes in
identity theft detection and prevention methods, changes in types of accounts the City maintains and
changes in the City's business arrangements with other entities. After considering these factors, the
Director will determine whether changes to the Program are warranted. If warranted, the Director
will update the Program and present the recommended changes to the City Council. The City
Council will make a determination of whether to accept, modify or reject those changes to the
Program.
VII. ADMINISTRATION OF PROGRAM
The Director shall be responsible for the development, implementation, oversight and
continued administration of the Program. City staff responsible for implementing the Program shall
be trained either by, or under the direction of, the Director in the detection of Red Flags, and the
responsive steps to be taken when a Red Flag is detected.
VIII. OVERSIGHT OF SERVICE PROVIDER ARRANGEMENTS
In the event City engages a service provider to perform an activity in connection with one or
more accounts, City will take the following steps to ensure the service provider performs its activity
in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the
risk of identity theft:
Require, by contract, that service providers have such policies and procedures in
place; and
2. Require, by contract, that service providers review the City's Program and report any
Red Flags to the Director.
1139050v1A 80078/0012 5
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. 806 (ADOPTION)
Council:
X
Miscellaneous
Communications
Agenda: 10128/08
X
10/22/08 -TG
Copy to:
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
Meeting Date: October 28, 2008
Department: Engineering Department
Submitted By: Patrick Barnes, Deputy City Engineer
Submittal Date: October 16, 2008
Agenda Title: Speed Limit Ordinance
Requested Council Action: Second reading and adoption of an ordinance declaring prima facie speed
limits on Rohnert Park Expressway from Snyder to Petaluma Hill Road
Summary: Regulation of vehicle speed is dictated by the California State Vehicle Code. The Vehicle
Code allows cities to set speed limits within their jurisdiction provided that the speed limits are set using an
"engineering and traffic survey" following the guidelines of the California Department of Transportation
(Caltrans).
The Vehicle Code states that local speed limits must be set by ordinance. The attached Ordinance No. 806
was introduced by a unanimous vote of the Council at the October 14, 2008, City Council meeting.
If the attached ordinance is adopted, signs will be erected showing the new prima facie speed limits on the
affected segment of Rohnert Park Expressway. At that point, enforcement of the new speed limits can
commence.
Enclosures: Ordinance Amending Section 10.20.010 of the Rohnert Park Municipal Code Declaring Prima Facie
Speed Limits
CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as
to form by the City Attorney.
CITY MANAGER'S RECOMMENDATION: () Consent Item (X) Regular Time
( ) Approval O Public Hearing Required
( ) Not Recommended O Submitted with Comment
( ) Policy Determination by Council
( ) City Comments: p
OInterim City Manager's Signature: Date: / (}
ORDINANCE NO. 806
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING SECTION 10.20.010 OF THE ROHNERT PARK MUNICIPAL CODE
DECLARING PRIMA FACIE SPEED LIMITS
The City Council of the City of Rohnert Park does ordain as follows:
SECTION 1. Section 10.20.010 of the Rohnert Park Municipal Code is hereby amended as
follows:
By adding thereto:
" Rohnert Park Exwy. from Snyder to Petaluma Hill Road 45 M.P.H."
SECTION 2. All other speed limits listed in the Municipal Code, not modified by this ordinance shall
remain in full force and effect.
SECTION 3. Repeal of Conflicting Ordinances. All former Ordinances or parts thereof conflicting or
inconsistent with the provisions of this Ordinance or of the Code hereby adopted are thereby repealed.
SECTION 4. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section,
subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections
subsections, sentences, clauses or phrases be declared unconstitutional.
SECTION 5. Effective Date. This Ordinance shall be in full force and effective thirty (30) days after its
adoption and shall be published and posted as required by law.
This ordinance was introduced on the 14`h day of October 2008 and DULY AND REGULARLY
ADOPTED by the City Council of the City of Rohnert Park this day of , 2008 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF ROHNERT PARK
Mayor
Agenda Packet Preparation TIMELINES for Regular City Council Meetings
held on the 2nd & 4u' Tuesdays of each month:
• Resolutions (other than standard formats for authorizations and approvals), Ordinances
& Agreements to Assistant City Attorney and Assistant City Manager via email to
review for "approvals as to form" and agenda planning DUE no later than NOON
Three (3) Mondays prior to Council meeting dates
• Agenda Items with related attachments via email to City Clerk DUE no later than
NOON Two (2) Fridays prior to Council meeting dates
• Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk
no later than Tuesday mornings One (1) week prior to Council meeting dates
• Agenda Packets distributed to City Council and Agendas posted /distributed/mailed
on Wednesday afternoons One (1) week prior to Council meeting dates for
compliance with Rohnert Park Municipal Code Section 2.08.050
{This section for City Clerk Use Only)
ITEM NO. 5
ORD. NO. 808
(INTRO. & ADOPTION)
Council:
X
Miscellaneous
Communications
Agenda: 10128108
X
10/22/08 -TG
Copy to:
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
Meeting Date: October 28, 2008
Department: Community Development
Submitted By: Maureen Rich, Senior Planner
Submittal Date: October 16, 2008
Agenda Title: Consideration of Moratorium on Private Smokers' Lounges and
Tobacco Shops
Requested Council Action: 1. Adopt an Urgency Ordinance to take effect immediately which
would impose a moratorium on private smokers' lounges and
tobacco shops; and
2. Provide direction to staff regarding further analysis of the
private smokers' lounges and tobacco shops issue.
Summary:
The establishment of private smokers' lounges and tobacco shops in Rohnert Park may have
.negative health impacts such as the dissemination of secondary smoke which can affect
employees, passers -by, and neighbors (more particularly minors, the elderly, sick and disabled).
Additionally, the lounges and shops could serve as marketing vehicles for tobacco products,
which can also have detrimental effects on minors by encouraging them to smoke.
An urgency moratorium ordinance would take effect immediately after it is passed by the
Council and would temporarily prohibit the establishment of private smokers' lounges and
tobacco shops to provide City staff sufficient time to study necessary changes to the City's
Zoning Code and smoking laws. An urgency moratorium ordinance requires a 4 /5ths vote for
enactment, is initially effective for 45 days, and may be extended for up to 22 months and 15
days. (Government Code section 65858).
Background:
State law regulates smoking in the workplace pursuant to California Labor Code section 6404.5,
which was adopted as AB 13 in 1994 and fully enacted in 1998. Chapter 8.32 of the Rohnert
Park Municipal Code ( "RPMC ") regulates the use of tobacco in public places and places of
employment within the City.
RPMC section 8.32.080 Smoking optional areas, provides for exceptions to the use of tobacco in
public places:
"retail or wholesale tobacco shops and private smokers' lounges in or attached
to a retail or wholesale tobacco shop that is dedicated to the use of tobacco
products, including but not limited to, cigars and pipes. Retail or wholesale
tobacco shop means an business establishment the main purpose of which is
the sale of tobacco products, including but not limited to, cigars, pipe tobacco,
and smoking accessories."
The RPMC zoning regulations do not currently specify which zoning districts permit private
smokers' lounges or retail /wholesale tobacco shops and what if any City approvals are required
for the establishment of those uses. City staff is in the process of reviewing the. RPMC to
determine a) how the "smoking optional areas" should be treated under the Zoning Code and b)
how the City's smoking laws in RPMC section 8.32 should be updated to conform with State law
and expanded to protect the public health.
Discussion:
The City's Zoning Code provides that "land uses that are not specifically listed are not permitted
unless determined by the Planning and Community Development Director, to be substantially
similar to a listed use." (RPMC sections 17.06.030; 17.06.060; 17.06. 100 etc.) Because Private
smokers lounges and i,00acco shops are not a type of use which is specifically defined in the
Rohnert Park Municipal Code's zoning regulations, an interested person could apply to conduct
such a use, and claim that it is similar to the listed use "retail, general and specialty." Then, that
person could seek to operate a private smokers' lounge and tobacco shop in various zoning
districts, potentially near schools, athletic venues, family establishments or places of religious
assembly.
The adoption of a moratorium will give City staff sufficient time to study this issue, and
prevent private smokers' lounges and tobacco shops from locating in the City until proper
procedures and regulations are established. The scope of the study resulting from the moratorium
may include:
(i) determining whether private smokers' lounges and tobacco shops should be permitted
anywhere in the City, and if they are allowed, which zoning districts would be appropriate for
these uses;
(ii) determining whether private smokers' lounges and tobacco shops should be
conditionally permitted uses, zoning administrator permitted uses, or permitted uses;
(iii) deciding whether to prohibit private smokers' lounges and tobacco shops from
locating near public or private schools, places of religious assembly, or other sensitive uses;
(iv) deciding whether private smokers' lounges and tobacco shops should be located a
minimum distance from other private smokers' lounges and tobacco shops;
(v) other related issues.
The moratorium must be approved by a 4 /5ths vote of the City Council, and would be effective
for forty -five (45) days.
Planning Staff will be making a brief presentation on this matter at the October 28, 2008
meeting.
Enclosures:
- Ordinance
- Letter from Nick Shea
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 (XX) Regular Time
(XX) Approval (XX) Public Hearing Required
( ) Not Recommended ( ) Submitted with Comment
( ) Policy Determination by Council
( ) City Comments:
Interim City Manager's Signature: r ate:
(Re ised 4 6) JH-S:OS -b
ORDINANCE NO. 808
AN URGENCY ORDINANCE OF THE CITY OF ROHNERT PARK
ADOPTING A MORATORIUM ON
PRIVATE SMOKERS' LOUNGES AND TOBACCO SHOPS
WHEREAS, State law regulates smoking in the workplace pursuant to California Labor
Code section 6404.5, which was adopted as AB 13 in 1994 and fully enacted in 1998;
WHEREAS, Chapter 8.32 of the Rohnert Park Municipal Code ( "RPMC ") regulates the
use of tobacco in public places and places of employment within the City;
WHEREAS, RPMC section. 8.32.080 provides specific exception for "smoking optional
areas" which includes, among other uses, retail or wholesale tobacco shops and private smokers'
lounges in or attached to a retail or wholesale tobacco shop that is dedicated to the use of tobacco
products;
WHEREAS, the RPMC does not currently specify which zoning districts permit private
smokers' lounges or retail /wholesale tobacco shops and what if any City approvals are required
for the establishment of those uses;
WHEREAS, City staff is in the process of reviewing the RPMC to determine a) how the
"smoking optional areas" should be treated under the zoning code and b) how the City's smoking
laws in RPMC 8.32 should be updated to conform with State law and expanded to protect the
public health;
WHEREAS, if private smokers' lounges and retail /wholesale tobacco shops were
established without updated regulations, such uses might be inconsistent with surrounding uses,
detrimental to the public health and welfare, and in conflict with the contemplated zoning
proposal and the effort to study and adopt new regulations regarding smoking; and
WHEREAS, this urgency ordinance is adopted in accordance with the requirements of
Government Code section 65858.
NOW, THEREFORE, the City Council of the City of Rohnert Park does ordain as follows:
Section 1. Findings; Declaration of Urgency.
The City Council of the City of Rohnert Park hereby finds and declares that:
A) There is a need to adopt this urgency interim ordinance establishing a moratorium on
all new private smokers' lounges and retail /wholesale tobacco shops, subject to the findings and
conditions contained in this Ordinance. The City has received inquiries regarding the
establishment of new smokers' lounges within the City. These uses may produce harmful
secondary smoke which can negatively affect workers, passers -by, and neighbors, particularly
minors, the elderly, sick and disabled. Moreover, the lounges and tobacco shops may serve as
marketing vehicles for tobacco, which can also have detrimental effects on minors by
encouraging them to smoke. To protect residents and businesses from harmful secondary effects
of smokers' lounges and retail /wholesale tobacco shops, City staff needs time to 1) study the
secondary health effects of such uses; 2) determine which, if any, zoning districts are appropriate
for such uses; and 3) determine what level of discretionary review is required for such uses. If
private smokers' lounges and retail /wholesale tobacco shops are allowed to proceed without
updated regulations, those uses could have potential adverse secondary effects on neighborhoods
in the City that present a clear and immediate danger to the public health and welfare.
B) If private smokers' lounges and retail /wholesale tobacco shops were established
without updated regulations, such uses might be inconsistent with surrounding uses, detrimental
to the public health and welfare, and in conflict with the contemplated zoning proposal. Failure
to enact this moratorium during the stated period may result in significant irreversible change to
neighborhood, and community character. The premature establishment or development of such
uses would also conflict with the City's effort to study and consider zoning and other proposals
to regulate or prohibit these uses. Based on the foregoing, the City Council declares that this
urgency ordinance is necessary to protect the public health and welfare while the City considers
revisions to the smoking and zoning regulations related to private smokers' lounges or
retail /wholesale tobacco shops.
Section 2. Moratorium.
The City Council hereby declares a moratorium on any and all new private smokers'
lounges or retail /wholesale tobacco shops. These uses include any retail or wholesale tobacco
shops and private smokers' lounges in or attached to a retail or wholesale tobacco shop that is
dedicated to the use of tobacco products, including, but not limited to, cigars and pipes. Retail or
wholesale tobacco shop means any business establishment the main purpose of which is the sale
of tobacco products, including, but not limited to, cigars, pipe tobacco, and smoking accessories.
Based on the findings set forth herein, no land use approval or building permit may be issued for
private smokers' lounges or retail /wholesale tobacco shops for the effective period of this
Ordinance.
Section 3. Conflicting Laws.
For the term of this ordinance, as set forth in Section 5 below, the provisions of this
ordinance shall govern. To the extent that there is any conflict between the provisions of this
ordinance and the provisions of any other city code, ordinance, resolution or policy, all such
conflicting provisions shall be suspended.
Section 4. Hardship Exception.
The City, on a case by case basis, shall have the authority, upon a showing of good cause
by an applicant, to waive the interim prohibition/moratorium imposed by this ordinance and
allow for the granting of permits to said applicant pursuant to the Conditional Use Permit process
set forth in Chapter 17.25 of the Rohnert Park Municipal Code. Good cause shall mean a factual
and evidentiary showing by the applicant that the interim moratorium, if not waived, will deprive
the applicant of substantially all reasonable use of his or her property. All such applications for
waiver shall be filed with the City Planning Department. Fees for waiver applications and
associated appeals shall be the same as those charged for a Conditional Use Permit.
Section 5. Effective Date and Period.
This Ordinance is an urgency ordinance and shall take effect and be enforced
immediately upon adoption. In accordance with California Government Code §65858, this
Ordinance shall be in full force and effect for a period of forty -five (45) days from the date of its
adoption. This period may be extended by the City Council in accordance with the provisions of
California Government Code §65858.
Section 6. Publication and Posting.
This Ordinance and the names of those council members voting for and against the
Ordinance shall be published once in the CommunityVoice, a newspaper of general circulation,
printed, published and circulated in the City of Rohnert Park, within fifteen (15) days from and
after its adoption. The City Clerk shall post at City Hall a copy of the full text of this Ordinance
and the names of those council members voting for and against the Ordinance. This Ordinance
shall take effect immediately upon its adoption.
The foregoing urgency ordinance was introduced and duly adopted by a four -fifths vote
of the City Council of the City of Rohnert Park, County of Sonoma, at the regular meeting of the
City Council of such City, held on the 28th day of October, 2008, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF ROHNERT PARK
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Oct 07 2008 9:53PM HP ISERJET FAX 415 -"i4 -0173 p,1
Attention: Ron (and the powers that be
1 am writing to inform you that the enlarged, embc Idened Ian guage in Rohnert
Park's municipal code allows businesses wanting to operat4 an indoor smoking
faclllty to locate and do business within its borders.
Despite any personal feelings city officials have related to th is matter, or generally
accepted policy in practice that has made it the CLIStom of R )hnert Park to deny
indoor smoking facilities their permit to operate, the law exp licitly states such a
business' legality and should reprove all existing policies ct rrently undermining
the law.
Evidence of this fact is already precedent, evidenced by sco -es of municipalities
across California, meaning interpretation of the e):act langu, ge of the above
referenced section of the municipal code Is accepted across the state to allow an
Indoor smoking facility to operate. Denial of this tact is imps udent, as
municipalities in California have ended up reveisl ng permit i lenial decisions at a
great waste of time and money to business owners and govt =rnments.
It is simple what I want to do. I want to open a bu; ►iness whc re responsible adults
can patronize and make their own decisions regarding what to consume. Do 1 not
have that right, according to the law and overbearing amour t of precedent
backing my position?
Thank you for your consideration.
Sincerely,
Nick Shea 415.497.4753
Chapter 5:32 USE. OF TOBACCO IN PUBLIC PLACES
8.32.080.Smoking optional areas.
For the purposes of this chapter, "place of employment" means 6 ny place so defined in
Section 6303 of the Labor Code with the following emeptions:
A. Sixty -five percent of guest rooms in a hotel, motel or similar try insient lodging
establishment.
B. Areas of the.lobby In a hotel, motel, or other simihrr transient Ii edging establishment
designated for smoking by the establishment provide ed that the ar as does not exceed
twenty -five percent of the total floor area of the lobby, or, if the to al area of the'lobby is two
thousand square feet or less, that the area does not e>iceed fifty >ercent of the total floor
area of the lobby. For the purposes of this paragraph, lobby mea is the common public
Oct 07 2008 9:53PM HF 9SERJET FAX 415 - ^54 -0173 p.2
area.of such an establishment in which registration and other sin illar activities are
conducted and in which the establishment's guests and member 3 of the public congregate.
C. Conference, meeting and banquet rooms in a hotel, motel, or other transient lodging
establishment. while those places are being used e):clusively for private functions, except
while food or beverage functions are taking place including setup', service, and cleanup
activities, or when the room is being used for exhibit purposes..
D. Retail or wholesale tobacco shops and private
smokers' lounges in or attacht.d to a *etail or
wholesale tobacco shop that is dedic 3ted to the use
of tobacco products, including, but n{ )t limited to,
Cigars and pipes. Retail or wholesale tpbaccc shop
means any business establishment the main
purpose of which is the sale of tobaci +o products,
including, but not limited to, cigars, pipe tobacco,
and smoking accessories.
E. Cabs of motortrucks as defined in Section 410 of the Californ a Vehicle Code, or track
tractors, as defined ih Section 655 of the California Vehicle Codi :, if no nonsmoking
employees are present.
P. Warehouse facilities with more than one hundred thousand s( uare,feet of total floor
space and twenty or fewer full -time employees working at the fa, :ility, but not including any
area within such a facility that is utilized as office space.
G.'Gaming clubs as defined in Section 19802 of the California B isiness and Professions
Code but not including bingo parlors.
H. Bars.
I. Theatrical production sites, if smoking is an integral part of the story in the theatrical
production.
J. Medical research or treatment sites if smoking is integral'to th a research and treatment
being conducted.
K Private residences, except for private residences licensed as `amity day care homes,
during the hours of operation as family daycare horries and in th )se areas where children
are present.
L. Patient smoking areas in long -term health care facilities as de 'ined in Section 1418 of
the California Health and Safety Code.
M. Breakrooms designated by employers for smokir g, provided hat all of the following
conditions are met;
1_ Air from the smoking room shall be exhausted directly to the c utside, by an exhaust fan.
Air from the smoking room shall not be recirculated to other part ; of the building.
Oct 07 2008 9:53PM HP 'ISERJET FAX
415 -m54 -0173 p.3
2. The employer shall comply with any ventilation sbindard or otl er standard utilizing
appropriate technology, including, but not limited to, mechanical, electronic, and
biotechnical systems, adopted by the Occupational 13afety and F ealth Standards Board or
the federal Environmental Protection Agency. If both adopt incor sistent standards, the
ventilation standards of the Occupational. Safety anc Health Star dards Board shall be no
less stringent than the standards adopted by the federal Environ mental Protection Agency.
3: The smoking room shall be located in a nonwork area where i o one, as part of his.or
her work responsibilities, is required to enter. For purposes of th s paragraph, "work
responsibilities "does not include any custodial or maintenance r fork carried out in the
breakroom when it is unoccupied.
4: There are sufficient nonsmoking break -rooms to accommodal 3 nonsmokers.
5. This section shall not be construed to require employers to pn,vide reasonable
accommodation to smokers, or to provide breakroor .is for smok( rs or nonsmokers. (Ord.
595 § 3, 1994: Ord. 574 § 5, 1993: Ord. 509 § I, 19E 9)
Agenda Packet Preparation TIMELINES for Regular City Council Meetings
held on the 2nd & 4"' Tuesdays of each month:
• Resolutions (other than standard formats for authorizations and approvals), Ordinances
& Agreements to Assistara City Attorney and Assistant City Manager via email to
review for "approvals as to form" and agenda planning DUE no later than NOON
Three (3) Mondays prior to Council meeting dates
• Agenda Items with related attachments via email to City Clerk DUE no later than
NOON Two (2) Fridays prior to Council meeting dates
• Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk
no later than Tuesday mornings One (1) week prior to Council meeting dates
• Agenda Packets distributed to City Council and Agendas posted/distributed /mailed
on Wednesday afternoons One (1) week prior to Council meeting dates for
compliance with Rohnert Park Municipal Code Section 2.08.050
{This section for City Clerk Use Only}
ORD. NO. 807 (ADOPTION)
RESO. NO. 2008-173
Council:
X
Department:
Miscellaneous
Submitted By:
Dan Schwarz, Interim City Manager
Communications
October 17, 2008
Agenda Title:
Agenda: 10/28/08
X
10/22/08 -TG
Copy to:
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
Meeting Date:
October 28, 2008
Department:
Administration
Submitted By:
Dan Schwarz, Interim City Manager
Submittal Date:
October 17, 2008
Agenda Title:
Council Protocols
Requested Council Action: Adopt Ordinance No. 807 Amending Chapter 2.08, "Council Procedural
Rules," and Resolution No. 2008 -173 adopting City Council Protocols
Summary: Chapter 2.08 establishes the time and place for regular meetings of the City Council and sets
forth the procedural rules by which the Council conducts its meetings and City business. Ordinance No.
807 removes all of the current provisions of Chapter 2.08 and requires instead that the Council establish
its regular meeting place and time by resolution. The ordinance further requires adoption, by resolution,
of City Council protocols for the conduct of City Council meetings and business. On October 14, 2008,
the Council introduced Ordinance No. 807 by unanimous vote.
At the same meeting, the Council also considered a resolution adopting draft City Council Protocols
( "Protocols "), which had been developed based on Council feedback during sessions in 2007 and 2008.
Following Council discussion regarding the need to occasionally use a PDA or other device to access
Council calendars, staff was directed to make the following revisions to the section regarding use of
electronic devices (page 7):
"2. Use of Electronic Devices
While the Council is in session, Council members will refrain from using haiidheld electronic
devices such as computers, cell phones, pagers, PDAs and other electronic devices that ean be
used -for the purposes of sending or receiving external communication. Council members are
permitted to use laptop computers to access electronic agenda packets while in session."
Council further directed staff to review existing City ordinances, resolutions and policies for potential
conflicts with the Protocols. Staff has identified several resolutions and policies that either conflict or
overlap with provisions of the Protocols. The attached resolution enumerates and repeals those
resolutions and policies.
In addition, staff has identified certain provisions that could benefit from minor changes or clarification.
These changes are indicated in the attached draft in legislative notation.
Should the Council adopt Ordinance No. 807 and Resolution No. 2008 -173 at this meeting, the Protocols
would become effective on November 27, 2008.
State' proposes switching to Thursdays for packet distribution commencing January 8, 2009, for the
January 13th City Council meeting.
Enclosures: Ordinance No. 807, Draft Resolution, Draft Protocols, Resolutions /Policies for Repeal
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
,�pproval O Public Hearing Required
(
)Not Recommended O Submitted with Comment
( ) Policy Determination by Counci O City Comme
City Manager's Signature: Date:
ORDINANCE NO. 807
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING CHAPTER 2.08, "COUNCIL PROCEDURAL RULES,"
OF THE ROHNERT PARK MUNICIPAL CODE
WHEREAS, Chapter 2.08, "Council Procedural Rules" of the Rohnert Park
Municipal Code establishes the time and place for regular meetings and sets forth the
rules by which the City Council conducts its meetings and City Council business;
WHEREAS, the City Council wishes to revise and update its procedural rules by
adopting Council Protocols; and
WHEREAS, the City Council wishes to adopt its Council Protocols by
resolution, which requires amending Chapter 2.08 of the Rohnert Park Municipal Code.
NOW, THEREFORE, the City Council of the City of Rohnert Park ordains as
follows:
SECTION 1. Chapter 2.08, "Council Procedural Rules" is retitled as "Council
Protocols" and amended to read as follows:
"Chapter 2.08 COUNCIL PROTOCOLS
2.08.010 Establishment of Time and Place for Regular Meetings of the City
Council
The City Council shall, by resolution, establish the time and place for its regular
meetings.
2.08.020 Adoption of Council Protocols
The City Council shall, by resolution, adopt protocols by which the City Council
conducts its meetings and members of the City Council conduct City business."
SECTION 2. Ef fective Date and Publication. This ordinance shall be in full force and
effective 30 days after its adoption, and shall be published and posted as required by law.
This ordinance was introduced on the 14th day of October, 2008, and DULY AND
REGULARLY ADOPTED this day of , 2008, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ROHNERT PARK
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
I+S�r. CfAttorney
RESOLUTION NO. 2008-173
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ADOPTING CITY COUNCIL PROTOCOLS AND REPEALING CERTAIN
CONFLICTING RESOLUTIONS AND POLICIES
WHEREAS, Chapter 2.08, "Council Procedural Rules" of the Rohnert Park
Municipal Code establishes the time and place for regular meetings and sets forth the
procedural rules by which the City Council conducts its meetings and City Council
business; and
WHEREAS, the City Council wishes to establish the time and place of its regular
meetings by resolution; and
WHEREAS, the City Council wishes to revise and update its procedural rules by
adopting, by resolution, the attached Council Protocols.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rohnert Park that Regular Meetings of the Council shall be held the second and fourth
Tuesdays of each month commencing at 6:00 p.m. in the City Council Chambers,
Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, California.
BE IT FURTHER RESOLVED that the City Council of the City of Rohnert
Park hereby adopts the Council Protocols attached hereto as Exhibit "A," said Council
Protocols to be effective 30 days after the adoption of Ordinance No. 807.
BE IT FURTHER RESOLVED that the Council repeals the following
resolutions, retaining in effect all prior repeals under Resolution No. 2005 -08, effective
30 days after the adoption of Ordinance No. 807:
1. Resolution No. 96 -84, Establishing Regulations for the Reception of Public
Testimony at Meetings of the Rohnert Park City Council;
2. Minutes Action of June 10, 1997, Adopting Procedures for Honoring Residents
and other Worthy Persons.
3. Resolution No. 2000 -94, Adopting Policies Relating to Format of City Council
Meeting Agendas;
4. Minute Action of January 9, 2001, regarding Regional Appointments;
5. Resolution No. 2001 -229, Stating the Policy of the City Council relating to
Confidentiality of Closed Sessions;
6. Resolution No. 2003 -160, Authorizing and Approving the Policy for Council
Committees;
7. Resolution No. 2005 -08, Authorizing Selection of Mayor and Vice Mayor by
Majority Vote and Repealing Resolution Nos. 2002 -219, 2000 -99 and 99 -68
Establishing Rotation of the City Council Members into the Offices of Mayor and
Vice Mayor; and
8. Minute Action of March 11, 2008, Approving Public Safety Briefing Policy.
DULY AND REGULARLY ADOPTED by the City Council of the City of
Rohnert Park this 28th day of October, 2008.
CITY OF ROIFiN ER'T PAR
Mayor
ATTEST:
City Clerk
City Attorney
City Council
PROTOCOLS
City of Rohnert Park • October 2008
Table of Contents
I. COUNCIL MEETINGS ......................................................................... .............................. -
1
A.
Regular Meetings -
1 -
1.
Other Locations .............................................................................. .............................. -
1 -
2.
Location during Local Emergency ................................................. .............................. -
1 -
3.
Canceled Meetings ................................................................. ............................... -
1-
B.
Special Meetings and Emergency Meetings ................... ......... ..... ...............................
1
C.
Adjourned Meetings ......................... ............................... .............. ...............................
1
D.
Closed Sessions ................................................................................... .............................. -
1-
E.
Cancellation of Regular Meetings ....................................................... ............................. -
2-
F.
Quorum ...................... ............................... ........ ......... .................... ......... ..............
2-
G.
Presiding Officer .................................................... .......................... ...............................
2-
1.
Absence of Mayor ........... ......... ............................. ................. ...............................
2-
2.
Mayor and Vice Mayor Absence ......... .................... ......... ...... ...............................
2-
3.
Selection of Mayor and Vice Mayor ..... ......... ......... ................. ...............................
2-
H.
Attendance by the Public ............... ......... ......... ........`................... ...............................
2-
1.
Agenda Packets ....... ........ .................... ...................................... ...............................
3-
J.
Action Minutes.......... ......................................................................... .............................. -
3-
I
Comments for the Record ......... ................................................ ...............................
3-
2.
Reading of the Minutes..' .............................................................. ...............................
3-
3.
Approval of Minutes ...... .............................................................. ...............................
3-
4.
Recordings of Meetings ................................................................. ...............................
3-
11. ORDER
OF BUSINESS
-
A.
General Order ..................................................................................... .............................. -
3-
B.
Action Agenda Items ......................................................................... ...............................
4-
C.
Presentations /Proclamations .............................................................. ...............................
4-
D.
Consent Calendar ............................................................................... .............................. -
4-
E.
Communications ................................................................................ ...............................
4-
F.
.................................................................. ...............................
Matters from /for Council -
-
1.
Requests for Discussion and Deliberation at a Subsequent City Council Meeting......-
5-
2.
Reports of Meetings, Community Activities, for Information Only .............................
5-
i
G.
Council Committee and Other Reports .............................................. ..............................
- 5-
H.
Travel Expenditures Quarterly Report ............................................... ..............................
- 5-
I.
Standard Adjournment ....................................................................... ..............................
- 5-
111.
RULES OF CONDUCT ..................................................................... ..............................
- 6-
A.
Roberts' Rules .................................................................................... ...............................
6-
B.
Powers and Duties of Presiding Officer or City Council ..................................................
6-
1 .
Participation ................................................................................... ...............................
6-
2.
Seating Arrangement for City Council ................................ ...............................
-6-
3.
Question to Be Stated .................... ............................... ................ ...............................
6-
4.
Signing of Documents ........ ............................... ........ .......:..:.. ...............................
6-
5.
Sworn Testimony and Subpoenas ..................... .................... ..... ...............................
6-
C.
Rules of Decorum ............................................................................. ...............................
7-
1.
Council Members ............................................::............................. .............'................
- 7-
2.
Use of Electronic Devices .. ............................... ............................
-7-
3.
Staff .............................................................................................. ..............................
- 7-
4.
Conduct of Speakers ................ ............................... ........ ..... ...............................
7-
D.
Rules of Debate ....... ...............................
- -
1.
Getting the Floor .......... . .............................. ........................... ...............................
7-
2.
Questions to Staff. ......... .......................................................... ...............................
7-
3 .
Interruptions .................. ......... ......... ..................................... ...............................
- 8-
4.
Points of Order..... ....... .............................................................. ...............................
8-
5.
` Point of Personal Privilege ............................................................ ...............................
8-
6.
Limitation of Debate ...................................................................... ..............................
- 8-
E.
Motions — Second Required ............................................................... ..............................
- 8-
F.
Preparation of Ordinances — Approval ............................................... ..............................
- 8-
G.
Reading of Ordinances and Resolutions ............................................ ...............................
9-
H.
Required Votes ............................. ...............................
- -
I.
Voting Procedure ............................................................................... ...............................
9-
J.
Disqualification for Conflict of Interest ............................................. ..............................
- 9-
K.
Failure to Vote ................................................................................... ...............................
9-
L.
Tie Vote ............................................................................................. ...............................
9-
M.
Changing Vote ............................................................................... ...............................
9-
N.
Reconsideration ................................................................................ .............................. -
10-
ii
O.
Serial Meetings ................................................................................
...............................
10-
P.
Teleconferencing ................................................................................
.........I.................. -10-
IV.
PUBLIC HEARINGS ......................................................................
...............................
10-
A.
General Procedure ..............................................................................
............................ -
10 -
B.
Time for Consideration
-
C.
Continuance of Hearings ..................................................................
.............................. -
11-
D.
Public Discussion a t Hearings ..........................................................
.............................. -
11-
1.
Public Member Request to Speak .................................. ............................... -
1 1 -
2 .
Council Questions of Speakers ..... ...............................
.......................... -11-
3.
Due Process ....................... ...............................
........ ............ ...............................
11-
4.
Public Oral Presentations .. ............................... .....................
........`. .....................1-12-
5.
Materials f o r Public Record .................. ............ ............................... ...................... -
12 -
6.
............. ......... ............
Germane Comments ... ............................... .... ......... ..............................................
12 -
E.
Communications and Petitions ............................. .........
............... ...............................
12 -
F.
Admissible Evidence .......... . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . .
..................... ...............................
12 -
V. ADDRESSING THE CITY COUNCIL ......: ....................
............. ...............................
12 -
A.
Staff Presentations
-
-
B.
Oral Presentations by Members of the Public ...... .........
............... ...............................
12 -
C.
Public Comments ..... ......... ` . . . . . . . . . I . . . . . . . . . . .....................................
...............................
13 -
l.
Timing ................
-
-
2.
Speaker Cards ....... ........ .........................................................
...............................
13 -
3.
City Business ...... . ........ ............................................................
............................ -13
-
4.
Council Deliberations Prohibited ................ ...............................
-
-
5.
Council Interaction with Public ...................................................
...............................
13 -
D.
Agenda Item Oral Presentations
-
1.
Time Limit .. ::.............................................................................
..............................-
14 -
2.
Project Applicant or Appellant ....................................................
...............................
14 -
3.
Presentation Submitted in Writing
-
E.
Power Point Presentations ................................................................ .............................. -
14 -
F.
Comments in Writing Encouraged ................................................... .............................. -
15 -
G.
Comment Cards ...............................................................................
...............................
15 -
H.
Repetitious or Dilatory Comments Prohibited ................................. .............................. -
15 -
I.
Waiver of Rules ...............................................................................
............................... 16 -
iii
J.
Non Exclusive Rules .......................................................................... ............................
-16 -
VI.
POLICY DECISION - MAILING PROCESSES ..............................................................
16 -
A.
Council Member Appointments and Assignments .......................... ...............................
16 -
B.
Mayor to Act as Council Ceremonial Representative .....................................................
16 -
C.
Honoring Residents and Other Worthy Persons .............................. ...............................
16 -
D.
Council Member Participation in Community Activities ................ ...............................
17 -
E.
Study /Work Session ......................................................................... ..............................
- 17 -
VII.
COUNCIL COMMITTEES
A.
Purpose .............................................. ............................... .............. ...............................
18 -
B.
Appointment .......................... ............................... ........ ........ ...............
- 18 -
C.
Conflict of Interest ......................................................................... ...............................
18 -
D.
Committee Meetings .......................................................................... ............................
-18 -
E.
................. ......... ............
Communications ................. ............................... ......... .............................................
18-
F.
Committee Materials ................... ............................... ........... .......
18 -
G.
Committee Recommendations ........ .................... .........::........... ...............................
18-
H.
Staffing ............. ............................... ......... .................... ......... ... ...............................
19 -
VIII.
COUNCIL MEMBER ADMINISTRATIVE SUPPORT ............. ...............................
19 -
A.
Mail ............................. ............... .................. ......................... ...............................
19 -
1.
Correspondence Addressed to Mayor and /or City Council ......... ...............................
19 -
2.
Letters Addressed to Individual Council Members ..................... ...............................
19 -
3.
Retention of Council Mail ........... ............................................... ...............................
19 -
B.
Council Correspondence.....' . . . . . . . . . : : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 20 -
1.
Personal Correspondence ............................................................. ..............................
- 20 -
C.
Clerical Support ....... ......................... ...............................
- -
D.
Master Calendar .............................................................................. ..............................
- 20-
E.
Requests for Research or Information ............................................. ...............................
20-
F.
Council Notification of Significant Incidents .................................. ...............................
20-
G.
Expense Reimbursement .................................................................. ..............................
- 21-
IX.
COUNCIL VACANCY
- -
X. FAILURE TO OBSERVE COUNCIL PROTOCOLS ........................ ...............................
21-
rev
ROHNERT PARK CITY COUNCIL PROTOCOLS
I. COUNCIL MEETINGS
A. Regular Meetings
Regular Meetings of the Council will be held the second and fourth Tuesdays of
each month commencing at 6:00 p.m. in the City Council Chambers, Rohnert
Park City Hall, 130 Avram Avenue, Rohnert Park, California.
1. Other Locations
The Council may, from time to time, elect to meet at other locations within the
City and upon such election will give public notice of the change of location
in accordance with provisions of the Government Code.
2. Location during Local Emergency
If, by reason of fire, flood or other emergency, it will be unsafe to meet in the
City Hall, the meetings may be held for the duration of the emergency at such
other place as may be designated by the Mayor or, if the Mayor does not so
designate, by the Vice Mayor or, City Manager.
3. Canceled Meetings
When the day for any regular meeting falls on a legal holiday, the regularly
scheduled meeting for that day will be deemed canceled unless otherwise
provided by the Council. The Council must meet regularly, however, at least
once each month.
B. Special Meetings and Emergency Meetings
Special meetings and emergency meetings of the Council may be called and held
from time to time pursuant to the procedures set forth in the Ralph M. Brown Act
(Government Code sections 54950, et seq.).
C. Adjourned Meetings
The Council may adjourn any regular, adjourned regular, special or adjourned
special meeting to 'a time and place specified in the order of adjournment pursuant
to the procedures set forth in the Ralph M. Brown Act (Government Code
sections 54950, et seq.).
D. Closed Sessions
Consistent with the Ralph M. Brown Act (Government Code sections 54950, et
seq.), the Council may hold closed sessions during any regular or special meeting,
or any time otherwise authorized by law to consider or hear any matter which is
authorized by State law to be heard or considered in closed session.
City Council Protocols
Draft: 10118;2008 1:26 PM Page I of 21
1. The City Council may exclude from any such closed session any person or
persons which it is authorized by State law to exclude from such closed
sessions.
2. The general subject matter for consideration will be expressed in an open
meeting before such session is held.
3. Council members may not reveal the nature of discussion or the decision
from a closed session unless required by law.
E. Cancellation of Regular Meetings
Any meeting of the Council may be canceled in advance by a majority vote of the
Council.
F. Quorum
A majority of the Council will constitute a quorum, but a lesser number may
adjourn from time to time.
G. Presiding Officer
The Mayor will preside over all Council meetings. The Mayor will have authority
to preserve order at all Council meetings, to remove any person from any meeting
of the Council for disorderly conduct, to enforce the rules of the Council and to
determine the order of business under the rules of the Council. The Mayor will
also have the power to administer oaths and affirmations.
1.
The Vice
2. Mayor and V
When the M
Council, the
pro tem, and
Mayor.
3. Selection of T
The Mayor at
the City Cour
ayor
'or will act as Mayor in the absence or disability of the Mayor.
and the Vice Mayor are absent from any meeting of the
bers present may choose another member to act as Mayor
person will, for the time being, have the powers of the
Vice Mayor will be selected by a majority vote of a quorum of
1.
H. Attendance by the Public
Except as specifically provided by law for closed sessions, all meetings of the
Council will be open and public in accordance with the terms, provisions and
exceptions consistent with the Ralph M. Brown Act (Government Code sections
54950, et seq.).
City Council Protocols
Draft: 1011812008 1:26 PM
Page 2 of 21
I. Agenda Packets
The City Council agenda packet, including all reports, communications,
ordinances, resolutions, contracts, documents, or other matters to be submitted to
the City Council at the regular meeting, will be delivered to members of the City
Council on-no later than the Thursday preceding the Tuesday Council meeting to
which the agenda packet pertains. The agenda packets will be made available for
public inspection upon its distribution to the City Council. 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
between been distributed will also be made available for public inspection at City Hall
tie'b3een the hours of 8:00 —a.m. a-a c.nn p.m. Ad.,.-da , tluough FFida ydurin
normal business hours.
J. Action Minutes
Minutes of Council meetings will be action minutes. Action minutes will include
final motions with votes. The minutes will also reflect the naives of public
speakers. Council and staff discussion and comments will not be included in the
minutes. The City Clerk will have exclusive responsibility for preparation of the
minutes and directions for changes in the minutes will be made only by majority
action of the City. Council.
1. Comments for the Record
If a Council member desires for comment to be included in the minutes, it is
his /her responsibility to indicate that the statement is "for the record" before
making the comments.
2. Reading of the Minutes
Unless the reading of the minutes of a Council meeting is ordered by a
majority vote of the Council, the minutes may be approved without reading if
the City Clerk has previously furnished each Council member with a copy.
3. Approval of Minutes
Minutes of meetings are generally submitted to the Council within two weeks
for approval. Any Council member who was absent from the prior meeting
may participate'` and vote on the approval of the minutes and need not abstain
on the approval of the minutes for that meeting.
4. Recordings of Meetings
Taped recordings of proceedings are maintained by the City Clerk for a period
of one year plus the current year.
II. ORDER OF BUSINESS
A. General Order
The business of the Council at its meetings will generally be conducted in
accordance with the following order of business unless otherwise specified. The
City Council Protocols
Draft: 1011812008 1:26 PM Page 3 of 21
Mayor may, with the concurrence of a majority of the Council members present,
reorder items on the agenda to accommodate the public or to address other
concerns. A closed session may be held at any time during a meeting consistent
with applicable law.
CALL TO ORDER AND ROLL CALL
PLEDGE OF ALLEGIANCE
PRESENTATIONS /PROCLAMATIONS
REPORTS BY OTHER AGENCIES
PUBLIC COMMENTS
CONSENT ITEMS
PUBLIC HEARINGS
REPORT ITEMS
COUNCIL COMMITTEE AND OTHER REPORTS
COMMUNICATIONS
MATTERS FROM /FOR COUNCIL
CITY MANAGER'S /CITY ATTORNEY'S REPORTS
PUBLIC COMMENTS
ADJOURNMENT
B. Action Agenda Items
In accordance with the Ralph M. Brown Act, the Council may not take action on
any item that did not appear on the posted Council agenda 72 hours prior to the
Council meeting unless an exception is made as ,permitted under Government
Code section 54954.2.
C. Presentations/Proclamations
All presentations will be calendared and coordinated through the Mayor and will
he limited to n tinma paring nit to exr.eed 15 miniitac nt ear.h Cmino.il mePting1 th-
D. Consent Calendar
Agenda items removed from the consent calendar by Council members or staff
will be considered at the beginning of the report items section of the agenda.
Members of the public may comment on consent items prior to the Council's
consideration of the consent agenda. A Council member may vote "no" on any
consent item _ without comment or discussion. Any abstentions, comments,
questions or discussion on an item will require the pulling of the item from the
consent calendar.
E. Communications
Correspondence received in the City Clerk's Office or other City offices after
distribution of the Council agenda and agenda packet shall not be placed on the
agenda unless it concerns a matter to be considered by the Council at the next
regular meeting or is determined by the Mayor or the City Manager to be an
urgent matter that should be brought to the immediate attention of the Council.
City Council Protocols
Draft: 10/18/20081:26 PM Page 4 of 21
Correspondence need not be read aloud at a Council "meeting unless requested by
a majority vote of the Council.
F. Matters from /for Council
1. Requests for Discussion and Deliberation at a Subsequent City Council
Meeting
Any member of the City Council may place an Item on "Matters from/for
Council" before the City Council meeting by providing the City Manager with
the title of the item before the agenda is published. The purpose of the City
Council discussion on such item will be to determine whether it will be placed
on a subsequent agenda for deliberation and action. A concurrence of two
Council members will be sufficient to add the item on a subsequent agenda.
A Council member may not add an item under "Matters from /for Council" at
the City Council meeting in accordance with the Brown Act (Government
Code section 54954.2(a)).
2. 'Reports of Meetings Community Activities for Information Only
Any member of the City Council may place an item on "Matters from /for
Council" at the City Council meeting if the only purpose of the item is to
report on the activities of the City Council member or on a meeting of
community interest.
G. Council Committee and Other Reports
This time is set 'aside to allow members of the Council serving on Council
subcommittees and regional boards, commissions or committees to present a
verbal report to the full Council on the activities of the respective boards,
commissions or committees upon which they serve. No action may be taken.
H. Travel Expenditures Quarterly Report
A_quarterly report of funds expended for each Council member traveling for City
business will be provided to the Council on the consent agenda of a regular
meeting. The report will generally be provided to the Council within 30 days of
the end of each quarter.
I. Standard Adiournment
The Council !establishes 11:00 p.m. as the hour of adjournment and will not
continue beyond 11:00 without a majority vote of the Council. To assist in
making the determination to continue an item under consideration, the Council
should find that discussion, deliberation and action on the item can be concluded
by 12:00 midnight. The Council will not hear any new agenda items past 11:00
p.m. without a majority vote of the Council. A determination should be made by
Council that any new item(s) can be discussed, deliberated and action taken
before 12:00 midnight. If agenda items remain after the 11:00 p.m. adjournment, a
special meeting may be scheduled or the items deferred until the next week.
Deferred items will appear first under Report Items of the next agenda.
City Council Protocols
Draft: 1011812008 1: 26 PM Page 5 of 21
III.RULLS OF CONDUCT
A. Roberts' Rules
Except as provided herein, other rules adopted by the City Council and applicable
provisions of state law, the procedures of the City Council will be governed by
the latest revised edition of Roberts' Rules of Order.
B. Powers and Duties of Presiding Officer or City Council
1. Participation
The presiding officer may move, second, debate and vote from the chair.
2. Seating Arrangement for City Council
The Mayor will, following each C",ouneil election and at Such other time as the
Mayor deems it necessary, establish the seating arrangement of the members
of the Council. The Vice Mayor will always be seated immediately next to the
Mayor.
3. Question to Be Stated
The presiding officer or such member of the city staff as he /she may designate
will verbally restate each question immediately prior to calling for the vote.
The presiding officer in his/her discretion may publicly explain the effect of a
vote for the audience, or he /she may direct a member of the city staff to do so
before proceeding to the next item of business.
4. Sianin2 of Documents
The presiding_ officer will sign all ordinances, resolutions, contracts, and other
documents necessitating his /her signature, which were adopted in his /her
presence, unless he /she is unavailable in which case me signature of an
alternate presiding officer may be used.
5. Sworn Testimony and Subpoenas
Pursuant to California Government Code section 40603 the Mayor will have
the power to administer oaths and affirmations, take affidavits and certify
them under his/her hand. In addition and pursuant to Government Code
section 37104, the City Council may issue subpoenas to require attendance of
witnesses or production of books or other documents for evidence or
testimony` in any action or proceeding pending before the Council. The form
of oaths administered by the Mayor will be substantially in the following
form:
Name of affiant.
"I hereby declare or affirm under penalty of perjury that the testimony I am
about to give before the City Council is the truth."
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Draft: 1011812008 1: 26 PM Page 6 of 21
C. Rules of Decorum
1. Council Members
While the Council is in session, Council members will preserve order and
decorum, and a member will neither by conversation or otherwise delay or
. interrupt the proceedings or the peace of the Council nor disturb a member
while speaking or refuse to obey the orders of the presiding officer.
2. Use of Electronic Devices
While the Council is in session, Council members will refrain from using
electronic devices such as computers, cell phones,; pagers, PDAs and other
electronic devices for the purpose of sending or receiving external
communication. Council members are permitted to use laptop computers to
access electronic agenda packets while in session.
3. Staff
Members of the City staff and employees will observe the same rules of order
and decorum applicable to the City Council.
4. Conduct of Speakers
No person shall use loud, profane, threatening, or personally abusive
language, or engage in any other disorderly conduct so as to disrupt, disturb or
otherwise impede the orderly conduct of any Council meeting. Persons who
violate this rule may be barred from attendance for the remainder of the
Council meeting, provided that the Mayor has notified the person to conduct
himself /herself in a manner consistent with this rule, and warned the person
that he /she will be removed if he /she continues to disrupt the Council meeting.
If after notification and warning the person persists in disrupting the meeting,
the Mayor shall order the person to leave the Council meeting. If the person
does not remove himself /herself, the Mayor may request any law enforcement
officer who is on duty at the meeting to remove that person from the Council
Chambers.
D. Rules of Debate
1. Getting the Floor
Every Council member desiring to speak will first address the presiding
officer, gain recognition by the presiding officer, and will confine
himself/herself to the question under debate, avoiding personalities and
indecorous language.
2. Questions to Staff
Every Council member desiring to question the City staff will, after
recognition by the presiding officer, address his /her questions to the City
Manager, the City Attorney, or the City Clerk, who will either answer the
inquiry or designate a member of his /her staff for that purpose.
City Council Protocols
Draft: 1011812008 1:26 PM Page 7 of 21
3. Interruptions
A Council member, once recognized, will not be interrupted when speaking
unless called to order by the presiding officer, unless a point of order or
personal privilege is raised by another Council member or unless the speaker
chooses to yield to a question by another Councilmember. If a Council
member, while speaking, is called to order, he/she will cease speaking until
the question of order is determined and, if determined to be in order, he /she
may proceed. Members of the City staff after recognition by the presiding
officer will hold the floor until completion of their remarks or until
recognition is withdrawn by the presiding officer.
4. Points of Order
The presiding officer will determine all points of order subject to the right of
any Council iuCi`nuGr t0 appeal to the r.,oi:u`1Cli. it an appeal is tax{Cii, the
question will be, "Will the decision of the presiding officer be sustained ?" A
majority vote conclusively determines the question of order.
5. Point of Personal Privilege
The right of a Council member to address the Council on a question of
personal privilege is limited to cases in which his /her integrity, character or
motives are questioned or where the welfare of the Council is concerned. A
Council member raising a point of personal privilege may interrupt another
Council member who has the floor only if the presiding officer recognizes the
privilege.
6. Limitation of Debate
No Council member will be allowed to speak more than once upon a
particular subject until every other Council member desiring to do so has
spoken.
E. Motions — Second Required
A motion by a member of the `Council, including the presiding officer, may not be
discussed or acted on!without receiving a second.
F. Preparation of Ordinances — Approval
1. The City Attorney will prepare or approve all ordinances. No ordinance will
be prepared for presentation to the Council unless ordered by a majority vote
of the council or requested by the Mayor or City Manager or prepared by the
City Attorney on his /her own initiative.
2. All ordinances, resolutions and contract documents will, before presentation
to the Council, be approved as to form and legality by the City Attorney and
examined and approved for administration by the City Manager or his
representative.
City Council Protocols
Draft: 10/18/20081: 26 PM Page 8 of 21
G. Reading of Ordinances and Resolutions
Motions offering ordinances or resolutions are deemed to include waiver of full
reading and title of the ordinance or resolution unless otherwise specifically
stated. If a Council member so requests the ordinance or resolution will be read
in full. Ordinances that have been introduced by unanimous vote of the Council
may be placed on the consent calendar and adopted by a roll call vote for consent
calendar approval.
H. Required Votes
Three affirmative votes are required for (1) ordinances, (2) resolutions granting
franchises, or (3) resolutions and motions for payment of money.
I. Voting Procedure
A vote of the Council, including a roll call vote, may be registered by the
members by answering Yes or Aye for an affirmative vote or . No or Nay
for a negative vote upon his /her name being called by the City Clerk.
J. Disqualification for Conflict of Interest
Any Council member who is disqualified from voting on a particular matter by
reason of a conflict of interest will publicly state or have the presiding officer
state the nature of the disqualification in open meeting. Where no clear
disqualifying conflict of interest appears, the matter of disqualification may, at the
request of the Council member affected, be decided by the other Council
members. A Council member who is disqualified by reason of a conflict of
interest in any matter may not remain in his/her seat during the debate and vote on
the matter, but will request and be given the permission of the presiding officer to
step down from the dais. A Council member stating disqualification will not be
cortnted as a part of a quorum and will be considered absent for the purpose of
determining the outcome of a vote on the matter.
K. Failure to Vote
Every Council member should vote unless disqualified by reason of a conflict of
interest. A Council member who abstains from voting in effect consents that a
majority of the quorum may decide the question voted upon.
L. Tie Vote
Tie votes will be lost motions and may be reconsidered.
M. Changing Vote
A member may change his /her vote only if he /she makes a timely request to do so
immediately following the announcement of the vote by the presiding officer and
prior to the time that the next item in the order of business is taken up. A Council
member who publicly announces that he /she is abstaining from voting on a
particular matter may not subsequently withdraw his /her abstention.
City Council Protocols
Draft: 1011812008 1:26 PM Page 9 of 21
N. Reconsideration
A motion to reconsider action taken by the Council may be made only on the day
the action was taken. It may be made either immediately during the same session
or at a recessed or adjourned session. The motion may be made only by one of the
Council members who voted with the prevailing side. This does not prevent a
Council member from making or remaking the same or any other motion at a
subsequent meeting of the Council.
®. Serial Meetings
Serial meetings are meetings that at any one time involve only a portion of a
legislative body, but eventually involve a quorum. Serial meetings yield a process
which deprives the public the opportunity for a meaningful contribution to the
decision - making process. Serial meetings may be a chain, in which member A
contacts member B, B then contacts C, C contacts D and so on,,, until a quorum is
involved. An elected official has the right to confer with a colleague about public
business. But if and when a "collective concurrence as to action to be= taken" is
reached, the Brown Act is violated. Council members are encouraged to consider
the possibility of serial meetings when ` engaging in discussion with their
colleagues on a matter within the subject jurisdiction of the City.
P. Teleconferencing
If a Council member is unable to attend a Council meeting and wishes to
participate in that meeting by teleconference, the Council member will submit to
the Council for approval in advance of the meeting a request to participate by
teleconference. Any Council member, who participates by teleconference will take
all necessary steps to comply with the provisions of the Brown Act related to
teleconferencing.
IV. PUBLIC HEARINGS
A. General Procedure
The Council procedure for the conduct of public hearings is generally as follows:
1. Staff presents its report.
2. , Council members may ask questions of staff if they so desire.
3. The Mayor opens the public hearing.
4. The applicant or appellant then has the opportunity to present comments,
testimony, or arguments. In the case of an appeal when the appellant is
different from the applicant, the appellant should be called up first to provide
comments or testimony.
5. Members of the public are provided with the opportunity to present their
comments, testimony or argument.
6. 'The applicant or appellant is given an opportunity for rebuttal or concluding
comments. In the case of an appeal when the appellant is different from the
applicant, the appellant is given the opportunity for closing comments.
7. The public hearing is closed.
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8. The Council deliberates on the issue.
9. If the Council raises new issues through deliberation and seeks to take
additional public testimony (questions of the public, applicant or appellant),
the Public Hearing must be reopened. At the conclusion of the public
testimony, the Public Hearing is again closed.
10. The Council deliberates and takes action.
11. The Mayor announces the final decision of the Council.
B. Time for Consideration
Matters noticed to be heard by the Council will commence at the time specified in
the notice of hearing, or as soon thereafter as is reasonably possible, and will
continue until the matter has been completed or until other disposition of the
matter has been made.
C. Continuance of Hearings
Any hearing being held or noticed or ordered to be held by the Council at any
meeting of the Council may, by order or notice or continuance, be continued or
re- continued to any subsequent meeting.
D. Public Discussion at Hearings
When a matter for public hearing comes before the Council, the Mayor will open
the public hearing. Upon opening the public hearing and before any motion is
adopted related to the merits of the issue to be heard, the Mayor will inquire if
there are any persons present who desire to speak on the matter which is to be
heard or to present evidence respecting the matter.
1. Public Member Request to Speak
Any person desiring to speak or present evidence will make his /her presence
known to the Mayor and upon being recognized by the Mayor, the person may
speak or present evidence relevant to the matter being heard. A member of the
public may only address the Council upon recognition by the Mayor.
2. Council Ouestions of Speakers
Members of the Council who wish to ask questions of the speakers or each
other during the public hearing portion may do so but only after first being
recognized by the Mayor. Interaction with the speaker will be limited to a
question or questions, rather than an ongoing dialogue. Council members
should avoid raising questions as a method to extend the allocated time for a
speaker.
3. Due Process
The Mayor will conduct the meeting in such a manner as to afford due
process.
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4. Public Oral Presentations
All Council rules pertaining to oral presentation by members of the public
apply during public hearings.
5. Materials for Public Record
All persons -Irate ested in the tnatter being liearu oy the Council will be entitled
to submit written evidence or remarks, as well as other graphic evidence. All
.such evidence presented will be retained by the City Clerk as part of the
Clerk's record of the hearing, unless otherwise directed.
6. Germane Comments
No person will be permitted during the hearing to speak about matters or
present evidence which is not germane to the matter being considered. A
determination of relevance will be made by the Mayor, but may be appealed
to the full Council.
E. Communications and Petitions
Written communications and petitions concerning the subject matter of the
hearing will be noted, read aloud, or summarized by the Mayor. A reading in full
will take place if requested by any member of the Council.
F. Admissible Evidence
Hearings need not be conducted according to technical rules relating to evidence
and witnesses. Any relevant evidence may be, considered if it is the sort of
evidence upon which responsible persons are accustomed to rely in the conduct of
serious affairs.
V. ADDRESSING THE ;CITY COUNCIL
A. Staff Presentations
Staff presentations will be limited to 10 minutes. Longer staff presentations must
be approved by the City Manager prior to the Council Meeting.
B. Oral Presentations by Members of the Public
Oral presentations by members of the public at City Council meetings shall be
made in accordance with the following procedures:
1. Prior to the meeting, or during the meeting prior to a matter being reached,
persons wishing to address the Council should fill out a speaker card and
submit it to the City Clerk.
2. When called upon, the person should come to the podium, state his /her name
and address for the record, and, if speaking for an organization or other group,
identify the organization or group represented.
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3. All remarks should be addressed to the Council as a whole, not to" individual
members thereof.
4. Questions, if any, should be directed to the presiding officer who will
determine whether, or in what manner, an answer will be provided.
C. Public Comments
In compliance with Government Code Section 54954.3, Public Comments is that
portion of City Council meetings set aside for members of the public to address
the City Council on items within the subject matter jurisdiction of the City of
Rohnert Park that are not otherwise scheduled as a, regular agenda item on the
City Council agenda. Any person wishing to address the City Council on an item
that is scheduled on the City Council agenda will be encouraged to make
comments during the discussion of that agenda item.
1. Timing
Public Comments are scheduled at the beginning of each Council meeting just
prior to the Consent Calendar and at the end of each Council meeting just
prior to adjournment, as specified on the City Council agenda. The first Public
Comments period is limited to no more than thirty (30) minutes total for all
speakers, with each speaker given no more than three (3) minutes. If there are
more than ten (10) Public Comments speakers, the presiding officer, with the
consent of the City Council, will be authorized to establish a different time
limit for public comments and /or defer speakers to the Public Comments
period just prior to adjournment in order to allow equal access for all those
wishing to address the City Council. Speakers will be called in the order by
which they submit speaker cards to the City Clerk.
2. Speaker Cards
Persons wishing to speak during Public Comments should submit a speaker
card in a timely fashion.
3. City Business
Presentations under Public Comments are limited to items within the subject
matter, jurisdiction of the City and are limited to no more than three minutes.
4. Council Deliberations Prohibited
In compliance with the Brown Act, the Council may not deliberate or vote on
any matter raised during Public Comments. The Mayor, however, may request
the City Manager to provide additional information on a matter of general
interest to the full Council or the public at large.
5. Council Interaction with Public
If a Council member believes that a material misstatement of fact has been
made by a person during Public Comments, the Council member may ask the
City Manager or City Attorney to correct or otherwise clarify the matter or the
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Council member may provide a direct response at that time. If an immediate
response is not possible, correction or clarification will be provided at the next
regular meeting of the Council.
D. Agenda Item Oral Presentations
Any member of the public wishing to address the Council orally on City business
matters appearing on the Council agenda may do so when that item is taken up by
the Council, or as otherwise specified by the Council or its presiding officer.
1. Time Limit
Oral presentations may not exceed three minutes unless otherwise provided.
2. Project Applicant or Appellant
laic projcet applicant, appcilant or other person or ciitity; with a substantial
direct property interest, or his /her representative will have a total of 15
minutes for his /her presentations. The initial comments or presentation will be
limited to 10 minutes and the rebuttal or concluding comments will be limited
to 5 minutes.
3.
All other persons wishing
minutes unless changed 1
inclusive of oral and visu,
three- minute time limit for
concurrence of the City
item.
speak on the r,
;ity Council ac
esentations and
ipleity of the
itim4
er will be limited to three
i.,, Speaker time limits are
11 constitute the cumulative
eeting. The Mayor, with the
y of the enumerated time
and the number of persons
Persons ; who anticipate oral presentations exceeding five minutes are
encouraged to submit comments in writing at the earliest possible time for
distribution to the Council and other interested parties. Comments should be
submitted sufficiently in advance of the scheduled meeting date to insure
distribution to the Council prior to the meeting.
E. Power
Members of the public may present a PowerPoint software presentation to the
Council utilizing the City's audio /visual equipment.
1. All PowerPoint presentations must comply with applicable time limits for oral
presentations and cumulative time limits. Presentations should be planned
with flexibility to adjust to any changes in these time limits.
2. Each slide of the PowerPoint presentation must identify that this is the
"Personal Comments of Private Citizen [first and last name]."
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3. All Power Point presentations must be contained on a CD or flash drive
already formatted in PowerPoint and submitted to the City Clerk no later than
noon on the day of the Council meeting to allow for computer virus checks,
compatibility with City equipment, and making photocopied handouts of the
presentation.
4. Any electronic media submitted that is thought to contain computer viruses or
is unable to be scanned for computer viruses by City equipment will not be
permitted to be used.
5. If compatibility or computer viruses are at issue, a member of the public may
provide a printed hard copy of the PowerPoint presentation to be scanned and
projected onto the screen via the visual projector during their presentation.
F. Comments in Writing Encouraged
Members of the public may submit, and are encouraged to submit, comments in
writing to the City Council relating to any items of City business, whether on the
City Council agenda or otherwise. Such written comments will be distributed to
members of the Council and considered and acted upon, or not acted upon, as the
City Council in its judgment may deem appropriate.
G. Comment Cards
Comment cards may be used by members of the public who do not wish to or
cannot verbally address the Council during a meeting. A person may indicate
his /her comments and opposition or support for an agenda item on a comment
card. During the public testimony of the item, the Mayor will indicate that the
Council has received comment cards from (name of person) in support of the
project or issue and comment cards from (name of person) in opposition of the
project or issue. The minutes will reflect the Council's receipt of comment cards
in opposition and support of the project or issue.
H. Repetitious or Dilatory Comments Prohibited
1. A speaker will not present the same or substantially same items or arguments
to the Council repeatedly or be repetitious or dilatory in presenting their oral
comments. If a matter has been presented orally before the Council, whether
the Council has taken action, or determined to take no action, the same or
substantially same matter may not be presented orally by the same person any
further. Nothing in the foregoing precludes submission of comments to the
City Council in writing for such action or non - action as the Council, in its
discretion, may deem appropriate.
2. In order to expedite matters and to avoid repetitious presentations, the
designation of a spokesperson is encouraged. Whenever any group of persons
wishes to address the Council on the same subject matter, those persons are
encouraged to designate a spokesperson to address the City Council. With the
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consent of the City Council, the Mayor may extend the time allocation for a
designated spokesperson.
I. Waiver of Rules
Any of the foregoing rules may be waived by majority vote of the Council
members present when it is deemed that there is good cause to do so based upon
the particular facts and circumstances involved.
J. Non Exclusive Rules
The rules set forth are not exclusive and do not limit - the inherent power and
general legal authority of the Council, or of its presiding officer, to govern the
conduct of City Council meetings as may be considered appropriate from time to
time or in particular circumstances for purposes of orderly and effective conduct
of the affairs of the City.
VI. POLICY DECISION - MAKING PROCESSES
A. Council Member Appointments and Assignments
The Mayor appoints and the City Council confirms Council member assignments
to outside agencies, committees, taskforces and liaison roles.
B. Mayor to Act as Council Ceremonial Representative
The Mayor has been delegated the responsibility to act as the City Council's
ceremonial representative at public events and functions. In the Mayor's absence,
the Vice Mayor assumes this responsibility. In both the Mayor and Vice Mayor's
absence, the Mayor will appoint another Council member to assume this
responsibility.
C. Honoring Residents and Other Worthy Persons
It is the policy of the City Council to honor citizens who have contributed to the
improvement or the welfare of the City. Recommendations may be made by
citizens to an appropriate commission, board, or committee or directly to the City
Council. The Council may request the advice of a commission, board or
committee to determine merit or, if desirable, to hold a public hearing prior to a
formal dedication. Recognition may also be given to individuals for their
personal achievement or for enhancing the image of the City. The accolades
cot'tld include awards, certificates, resolutions or proclamations. In addition,
perpetual plaques or awards can be bestowed on individuals. If any commissioner,
board member, committee member, Council member, or citizen requests an
accolade, the following procedure should be followed:
1. Incoming requests for a proclamation or resolution to be presented at an event
or Council Meeting are provided to the Mayor for approval. All requests are
provided in writing two weeks prior to event/Council Meeting date and should
include a draft proclamation or resolution. On ce the Mayor approves the
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request, the proclamation or resolution is either scheduled at an upcoming
Council meeting, presented at an event or is picked up /mailed. In the event
that the Mayor is unable to attend an event, the . Vice Mayor or a Council
member will attend on behalf of the Council.
2. If a request for a proclamation or resolution is submitted with little verbiage,
the requestor is contacted and advised that a certificate of recognition is more
appropriate for the occasion.
3. If a request for a proclamation or resolution is submitted where the subject
matter is questionable as to its appropriateness, the Mayor will forward the
request to the full Council for a vote.
4. If a request for a perpetual plaque or award is submitted, the request will be
directed to the appropriate commission, board or committee for consideration
and recommendation to the Council.
5. If a request for dedication of a municipal building, room, or facility, is
submitted, the request will be directed to the appropriate commission, board
or committee for public hearing. If after the public hearing the commission,
board or committee recommends dedication to the Council, the Council will
hold a public hearing prior to taking action on the dedication request.
D. Council Member, Participation in Community Activities
From time to time, Council members may choose to participate in community
activities, committees, events, and task forces. When a Council member
participates in these types of activities, the Council member is acting as an
interested party rather than acting on behalf of the City Council. Acting or
participating on behalf of the City Council is limited to those instances when the
Council has formally designated the Council member as its representative for the
matter.
E. Studv/Work Session;
The Council may meet in a study /work session at such times or at such places as
may be determined by the Council for the purpose of hearing reports from the
staff and reviewing, discussing and debating matters of interest to the City. These
sessions will be noticed as provided by law and open to the public and the press.
No official action may be taken at a study session. However, an informal vote on
any matter under discussion may be taken. During study /work sessions, Council
members may ask questions of staff. For those questions that staff cannot
immediately answer, responses will be provided for the Council in writing or at a
future Council meeting.
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VII. COUNCIL COMMITTEES
A. Purpose
The City Council from time to time forms committees. These committees are
formed to study, investigate, and make recommendations to the full Council
regarding specific topics. In some instances there are standing committees and in
other instances there are ad hoc committees. In order for the committees to serve
effectively, it is necessary to establish certain policies for the conduct of City
business by committees.
B. Appointment
Council committees and subcommittees will be appointed by the Mayor.
Committee members will be promptly notified of their selection and the scope of
the committee assignment. The Mayor will designate the term of the committee
and identify whether it is a standing appointment (on- going) or a short-term (ad
hoc) assignment. -
C. Conflict of Interest
Should an appointee to a committee or subcommittee discover a conflict of
interest with their appointment to the committee, that discovery will be
communicated to the Mayor immediately.
D. Committee Meetings
Council committee meetings will be scheduled at times which allow for each
member to attend. Each member should make an effort to accommodate the
committee meeting schedule. The schedule of committee meetings will be
promptly communicated to each committee member. Individual committee
members will not meet with other citizens or organizations during a fact finding
process or other reason associated with the scope of the committee's purpose
without the knowledge of all committee members.
E. Communications
Committee members are obligated to keep all members well informed, and will
not purposely harbor or keep relevant information from other members.
F. Committee Materials
Meeting agendas will be compiled by staff with input from each committee
member. Committee materials will be provided to each committee member. These
materials will be distributed to each committee member at the same time. Special
arrangements may be made with committee members who are out of town when
materials are distributed.
G. Committee Recommendations
Generally, committee members should reach agreement on findings and
recommendations to present to the City Council. When the opinions of committee
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members are divergent, each member may submit his /her findings and
recommendations separately to the City Council. Although written minutes of
each committee meeting are not required, committee findings and
recommendations should be presented to the City Council in a written document.
H. Staffing
Council members assigned to committees will observe the City Council Protocols
regarding staff assignment of duties. Only the City Manager will assign staff to
committees for the purposes of administrative services, to attend committee
meetings, and to assist with committee presentations to the City Council.
VIII. COUNCIL MEMBER ADMINISTRATIVE SUPPORT
A. Mail
All City Council mail is date stamped and placed in each Council member's
individual mailbox.
1. Correspondence Addressed to Mayor and /or City Council
All correspondence addressed to the Mayor and /or entire City Council
requiring a response from staff are copied to all Council members with a note
as to which staff person will be preparing a response for the Mayor's
signature. A copy of the response mailed, along with the original letter will be
provided to each Council member. Correspondence addressed to the Mayor
and /or entire City Council that does not require a response, but provides
information on Council agenda items or like matters will be copied to the full
Council. Cards and other mail addressed to the Mayor marked "personal"
and /or "confidential" will not be opened.
2. Letters Addressed to Individual Council Members
All correspondence addressed to individual Council members will not be
opened, unless three or more Council members receive individually- addressed
letters on the same date from the same source. The envelopes will be date
stamped and placed in individual Council member's mailboxes. If a Council
member is requesting a response to be prepared by staff, the letter is copied to
all members of the Council with a note as to which staff person will be
preparing ,;a response for the addressee's signature. A copy of the response
mailed, along with the original letter will be provided to each Council
member. Cards and other Council member mail marked "personal" and /or
"confidential" will not be opened.
3. Retention of Council Mail
Any correspondence received by the Mayor and /or individual Council
members relating to the conduct of the City's business is a public record as
defined in Government Code section 6252 and will be retained by the City in
accordance with its retention schedule.
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B. Council Correspondence
All Council member correspondence written with City resources (letterhead,
typing, staff support, postage, etc.) will reflect the position of the full Council, not
an individual Council member's position. All Council member correspondence
using City resources will be copied to the full Council. For example, responses to
citizen letters will be copied to the full Council along with the original citizen
correspondence.
1. Personal Correspondence
Upon request, City Council members will be provided individual stationery
and envelopes for use in communications reflecting their personal positions,
not the position of the full Council. These communications will be prepared
and sent at the expense of individual Council members. Council members may
utilize the City's outgoing mail service; however, postage will be at the
Council member's expense.
C. Clerical Support
The City Manager's Office will coordinate the typing of correspondence requested
by individual Council members. All correspondence typed for Council members
will be on City letterhead and will reflect the position of the full Council, not
individual Council members, and will be copied to the full. Council.
D. Master Calendar
A master calendar of Council events; functions or meetings will be provided to
the full Council. Functions, events or meetings to be attended by individual
Council members will only be included on the master calendar at the request of
individual Council members.
E. Reauests f
Council members';]
directly when it is
than an hour. Co
anticipated to take
City Manager. Req
the full Council at
be ,copied to the ful
irch or Information
iay request information or research from staff on a given topic
anticipated that the request can be completed by staff in less
incil member requests for research or information that are
Staff more than one hour to complete should be directed to the
rests for new information or policy direction will be brought to
a regular meeting for consideration. All written products will
. Council.
F. Council Notification of Significant Incidents
To ensure the City Council is aware of significant public safety incidents, the
following incidents will be briefed to the City Council by the City Manager or the
Director of Public Safety:
1. Major injury or death of a City employee, an employee's immediate family
member, or a prisoner in custody by the Department of Public Safety
2. � Officer- involved shooting
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Page 20 of 21
3. Traffic collision involving a City vehicle resulting in a serious injury requiring
hospitalization
4. Hostage or barricaded subject
5. Riot or other major disturbance (e.g., violent protest)
6. City participation in disaster response to other jurisdictions (e.g., strike teams
sent to the San Diego fires)
7. Homicide or any unusual event leading to death
8. Major fire resulting in the loss of a structure
9. Assault where the victim may expire
10: Robbery with serious injury
11. Major sex crime with bodily injury
12. Kidnapping
13. A substantial school - related incident
14. Felony arrest of any City employee, or political figure
15. Any event resulting in substantial media coverage (e.g., discovery of
improperly stored bodies by funeral home)
16. Any Public Safety event involving an elected official, City Manager,
department head that comes to the attention of the Department of Public
Safety
17. Activation of the City's Emergency Operations Center
Requirements in existing law (e.g., juvenile information, notification of
immediate family members) or the need to protect crime victims may restrict the
ability to provide information. This policy is not intended to circumvent legal
limits to law enforcement restricted information. In cases where incidents not
requiring Council action occur during the hours of 9:00 p.m. through 8:00 a.m.,
Council members will be contacted the next morning or shortly thereafter.
G. Expense Reimbursement
A written policy, for the reimbursement of Council, member expenses will be
established by resolution of the City Council pursuant to Government Code
section 53232, et seq.
IX. COUNCIL VACANCY
Whenever a vacancy occurs in the office of City Council member, the City Council
will fill the vacancy by appointment or special election in accordance with the
procedures set forth in Government Code section 36512.
X. FAILURE TO OBSERVE COUNCIL PROTOCOLS
These protocols are adopted to expedite the transaction of the business of the Council
in an orderly fashion and are procedural only and the failure to strictly observe such
rules does not affect the jurisdiction of the Council or invalidate action taken at a
meeting that is otherwise held in conformity with law.
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405.23 . —
-�;"i � y05-. 0, 1
RESOLUTION NO. 96 -84 ) f 5o l
A RESOLUTION OF THE ROHNERT PARK CITY COUNCIL; ESTABLISHING
REGULATIONS FOR THE RECEPTION OF PUBLIC TESTIMONY AT MEETINGS OF
THE ROHNERT PARK CITY COUNCIL
WHEREAS, that portion of the Rohnert Park City Council meetings allocated to
unscheduled public appearances has, on occasion, been so extended that the Council cannot
complete its scheduled agenda within the time established, even if the time is extended; and
WHEREAS, the principal reasons, among others, for the extended unscheduled public
appearance portion of the agenda are that often the speakers do not limit their presentation as to
time and, heretofore, no time limitation has been imposed, the presentations become repetitive
and, on occasion, the speakers speak on an item on the agenda and also again address the item
during unscheduled public appearances, or vice versa; and
WHEREAS, Government Code §54954.3 provides in part, that a public agency "...may
adopt reasonable regulations to insure that" members of the public have an opportunity to address
the City Council on any item of interest to the public either before or during the City Council's
consideration of the item; and
WHEREAS, it is in the public interest to limit the time for unscheduled public appearances
at each meeting and to set forth reasonable regulations governing public appearances at the
unscheduled public appearances portion of the council meeting agenda.
NOW THEREFORE; the Rohnert Park City Council does hereby adopt the following
regulations regarding unscheduled public appearances with regard to agenda items.
1. Right of members of the public to speak on agenda items.
Subject to the conditions and limitations as to time as set forth in paragraph number 2 immediately
following, members of the public shall have the right to address the City Council on any item of
interest to the public at unscheduled public appearances or at the time the item is considered on
the agenda at the discretion of the presiding officer.
405.23 con't
Resol. No. 96 -84
2. Time allotted. for unscheduled public appearances at each City Council meeting.
The City Council will allow two time slots for individuals to speak at City Council meetings as
follows:
(a) At the beginning of the reb�ila.� session of the City Council meeting, a total amount of
time allotted will be thirty (30) minutes, with a total amount of time for each individual
speaker to speak on agenda items or other items of interest being three (3) minutes to
five (5) minutes, depending on the number of speaker cards submitted..
(b) At the end of the regular session of the City Council meeting with a five (5) minute
time limit per individual with no restriction on total time allotted for public appearances,
3. Liinitation on right of members of the public to comment on agenda items.
The agenda need not provide an opportunity for members of the public to comment on any
agenda item that has already been considered by a sub committee composed exclusively of
councilpersons at a duty noticed public meeting of the councilpersons unless the item has been
substantially changed, in the opinion of the City Council.
4. Speakers limited to address the issue once.
No speaker shall speak to an agenda item at unscheduled public appearances and again at the time
the agenda item is considered, without consent of the presiding officer.
5. Verbatim repetition discouraged.
If preceding speakers have already made the point desir ed then subsequent speakers are
encouraged to so indicate and to stress new, points not previously mentioned in their presentation,
or, if they only wish to concur, to indicate their concurrence and be seated.
DULY AND Rtffl
.BORN 1
ATTEST:
Deputy City Cle
ECK AYE
�4
J ,
h
AYES:
Y ADOPTED this 23rd day of April, 1996.
CITY OF ROHNERT PARK
Mayor
NO REM y AYE SPIRO AYE FLORES AYE
NOES: 1 ABSENT 0 ABSTAIN: 0
(2
TO: Department Heads
Administrative Staff
c: City Councilmembers
Policy Binder
-' 405.24
INTER OFFICE MEMO
FROM: se D. Netter,
City Manager
DATE: June 27, 1997
RE: Procedures for Honoring Residents and Other Worthy Persons
The City Council, at its meeting of June 10, 1997, adopted procedures for honoring residents and
other worthy persons.
The accolades could include awards, certificates, resolutions or proclamations.
In addition, perpetual plaques or awards can be bestowed on individuals. The City Council has
also set procedures for the dedication of buildings, rooms, and. facilities.
If any Commissioner, Board Member, City Councilmember or citizen requests an accolade, the
attached procedures must be followed.
"It is the policy of the City Council to honor citizens who have contributed to the
improvement or the welfare of the city. Recommendations may be made by citizens to an
appropriate commission, board, or directly to the City Council. The Council may request
the advise of a commission or board to determine merit or, if desirable, to hold a public
hearing prior to a formal dedication. Recognition may also be given to individuals for their
personal achievement or for enhancing the image of the city."
Awards, Certificates, Resolutions, and /or Proclamations
1. Recommendation by a City Commission or Board
and
2. Direct action of the City Council
Perpetual Plaque or Award
1. Recommendation of a relevant Commission or Board
(Example: Parks Service or Recreation Service recommendation
from the Parks and Recreation Commission)
and
2. Direct action of the City Council
405.24 con't
June 27, 1997
Dedication of a Municipal BuildinL,. Room or Facility
1. Recommendation fron► an appropriate Board or Commission
a. After a Public Hearing
and
2. Direct action of the City Council
a. After a Public Hearing
If you have any questions, please feel free to give me a call.
JDN:lr
Final May 15, 2000
RESOLUTION NO. 2000 -94
A RESOLUTION OF THE CITY COUNCILS
OF THE CITY OF ROHNERT PARK
ADOPTING POLICIES RELATING TO FORMAT OF
CITY COUNCIL MEETING AGENDAS
WHEREAS, Rohnert Park Municipal Code § 2.08.070 provides that the business of the
city council shall be taken up for consideration and disposition in such order as.may be
determined by the city council; and
WHEREAS, the city council wishes to adopt this resolution to provide for how certain
items of business of the city council shall be taken up for consideration and disposition at
regular meetings of the city council and to provide. for policy regarding the consideration
of certain agenda items; and
WHEREAS, the city council wishes to make sure that the business of the city council is
conducted in accordance with the Brown Act (California Government Code §§ 54900 and
following) .
NOW, THEREFORE, the CITY COUNCIL of the CITY OF ROHNERT PARK does
hereby resolve as follows:
SECTION ONE. There shall be a city council agenda. item called "Unscheduled Public
Appearances," in accordance with the requirements of California Government Code.§
54954.3(c), in which members of the public shall be. given two opportunities to address
the City Council on items within the subject matter jurisdiction of the City of Rohnert
Park and. which are not otherwise on the city council agenda. One opportunity shall be at
the beginning of the meeting after Scheduled Public Appearances. The second
opportunity shall be at the end of the meeting.prior to adjournment. The presiding
officer, with the consent of the City Council, shall be authorized to establish a time limit
for this agenda item in order to allow equal access for all those wishing to address. the
City Council and to allow the completion of scheduled .agenda items. A minimum of
three minutes for each person wishing to comment; shall be allowed. Any person wishing
to address the City Council on an item.that is on printed city council agenda, shall be
encouraged to make comments during the discussion of that agenda item.
SECTION TWO. There shall be a city council agenda item called "Scheduled Public
Appearances, in which a special presentation may be made to the city council.
"Scheduled Public Appearances" shall be, scheduled at a time certain and at the beginning
of the meeting, prior to Unscheduled Public Appearances. Comments of the public that
do not involve a special presentation shall be heard under "Unscheduled Public
Appearances." Any person wishing to make a special. presentation to the City Council
shall notify, the City Clerk by noon on Tuesday, one week prior to the City Council
meeting. The presiding officer, in consultation with the City Manager, shall schedule all
requests to be included under Scheduled Public Appearances.on the next regular City
Council meeting or at a subsequent meeting at the option of the person making the
request.
Final - May 15, 2000
'iVJ�V�t kl:%JU L)
Resolution No. 2000 -94
(Page 2 of 2)
SECTION THREE. There shall be a city council agenda item called "Matters from/for
Council. This agenda item shall include the following two types of action items:
(a) Requests for discussion and deliberation at a subsequent city council meeting.
A y ineiiiber of the city council may place an item on "Matters from/for Council" before
the city council meeting, by providing the City Manager with the title of the. item before
the agenda is published. The purpose of the city council discussion on such item will be
to determine whether it will be placed on a subsequent agenda for deliberation and action.
In accordance with the Brown Act (Government Code § 54954.2(a)), a city council
member may not add an item under "Matters from/for Council" at the city council
meeting.
(b) Reports of mectings, community activities, f0i infbi oration only.
Any member of the city council may place an item on "Matters from/for Council" at the
city council meeting,. if the only purpose of the item is to report on the activities of the
city council member or on. a meeting of community interest.
SECTION FOUR. The city council agenda shall no longer contain an agenda item
called "City Attorney's Report:" Any report or agenda item from the City Attorney shall
be included on an as needed basis.
SECTION FIVE. The City Council shall, from time to time hold closed sessions in
accordance with the Brown.Act (Government Code § §54950 et seq).. All information
discussed, and statements made, in closed I session shall remain confidential and shall not
be disclosed to the public unless prior affirmative:wote of a majority of the City Council
consents to the disclosure; or disclosure is ordered by the Superior Court pursuant to
Government Code § 54960(c).
SECTION SIX. Except as stated in this resolution, the remaining format of the.City
Council agenda shall continue as is in effect on the date this resolution is adopted.
DULY AND REGULARLY ADOPTED by the Council of the City of Rohnert Park.
this 9th day of May, 2000:
ATTEST:
ID uty ' y Clerk
CITY OF ROHNERT PARK
V, 'Cep—
t
Mayor
FLORES: AYE MACKENZIE: AYE - _ .ROLLY: -AY _ SPIRO: AYE- WYAKf MARTWEZ: NO
AYES: (4) - NOBS: (1) ABSENT: (0) ABSTAIN: (0)
cc: FILE – Councilmembers Policies & Procedures
FILE –.,,Council Agenda Chron
J
City of
ROHNERT
January 10, 2001
405.27
City Council
To: Mayors, Sonoma County Cities
Jake Mackenzie
Mayo Re: Regional Appointments/Nominations
Armando F. Flores
Vice -Mayor
At its meeting of January 9, 2001, the Rohnert Park City Council discussed
James J. Reilly, Jr.
Linda Spiro regional a pp ointments and procedures for the City of Rohnert Park to identify
Vicki Vidak- Martinez appropriate nominations for recommendation. It was decided by the Rohnert Park
Council Members City Council that directed vote will be provided to the Rohnert Park Mayor by the
majority of the Rohnert Park City Council for appointment recommendations on
the Mayors' and Councilmembers' Association City Selection Committee and
other Mayors' and Councilmembers' Association appointments.
Joseph D. Netter
City Manage
Should you have any questions, please feel free to give me a call.
Very truly yours,
CITY OF ROHNERT PARK
A ityy i et ter
Manager
cc: Rohnert Park City Councilmembers
Betsy .Strauss, City Attorney
FILE - City Policy Binder: City Council - General, #405.27
FILE.- Mayors' & .Councilmembers' Association & City Selection Committee
JI)N /ih4i- \Oi090i Regional Appointment Procedures for Rohnat Park Recommendations
6750 Commerce Boulevard * Rohnert Park, CA 94928 -2486 • (707) 588 -2226. FAX: (707) 588 -2263 • WEB: www.rpcity.org
RESOLUTION NO. 2001 -229
A RESOLUTION OF THE CITY COUNCIL
OF THE ROHNERT PARK
STATING THE POLICY OF THE CITY COUNCIL
RELATING TO CONFIDENTIALITY OF CLOSED SESSIONS
WHEREAS, as a general rule the Ralph M. Brown Act ( "Act ") requires that the public's
business be conducted in sessions of the City Council that are open to the public; and' .
WHEREAS, the Ralph M. Brown Act provides for certain exceptions to this general rule
by allowing the City Council to meet in closed session for certain specific purposes; and
WHEREAS, the purpose of meeting in closed session is to maintain the confidentiality of
information received and matters discussed in those closed door meetings; and
WHEREAS, the City Council wishes to adopt this resolution stating policy relating to the
confidentiality of closed session.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park as follows:
SECTION ONE. Confidential information received and matters discussed in closed
session shall not be disclosed outside of closed session unless authorized by a majority of
the members of the City. Council by vote in open session.
SECTION TWO. Unauthorized disclosure of,confidential information received and
matters discussed in closed session may violate the privacy rights of an individual whose
performance has-been discussed in closed session; may compromise the position of the
City of Rohnert Parkin pending litigation by giving an unfair advantage to the opposing
party in that litigation; or may fail to maximize the appropriate use of city resources by
providing information to a parry with whom the City has or wishes to have a contractual
relationship.
SECTION THREE. If a member of the City Council makes an unauthorized disclosure
of confidential information received or discussed in closed session as determined by the
City Council on the basis of substantial credible evidence presented at a public meeting,
then the City. Council, by the. affirmative vote of four members of the City Council, may
either exclude that city council.member from future closed sessions on the subject; or
bring an action to enjoin future unauthorized disclosures from closed session discussions.
PASSED and ADOPTED this 23rd
ATTEST:
FLORES: AYE REILLY: -AYE SPIRON
AYES: (5) NOES: (0)
ber, 2001 by the following vote:
CITY OF ROHNERT PARK
M yor
cYVIDAK- MARTINEZ: AYE MACKENZIE: AYE
ABSENT: (0) ABSTAIN: (0)
405.30
405.33
RESOLUTION NO. 2003 -160
A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING THE POLICY FOR COUNCIL COMMITTEES
BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby
authorize and approve the Policy for Council Committees dated July 8, 2003 attached to this
resolution.
DULY AND REGULARLY ADOPTED this 8th day of July, 2003.
. CITY OF R ERT PARK
r
MACKEN AYE NORDIN: AYE SPRADLIN: AYE VIDAK- MARTINEZ: AYE FLORES: ABSENT
AYES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (0)
POLICY FOR COUNCIL COMMITTEES
I. PURPOSE
The City Council from time to time forms committees. These committees are formed to study, investigate, and make
tecounneadations to the full Council regarding specific topics. In some instances they are standing committees and in
other instances they are ad hoc committees In order for the coomniittee° t^ o...e effectively, it is ncCesSaiy to
establish certain policies for the conduct of City business by committees.
2. APPOINTMENT
Council. committees and sub - committees shall be appointed by the Mayor. Committee members shall. be
promptly notified of their selection and the scope of the committee assignment. The Mayor shall designate
the term of the committee and identify whether it is a standing appointment (on- going) or a short-term (ad
hoc) assignment.
i (ONFi ICT OF ii,ITEREST
Should an appointee to a committee or sub- committee discover a conflict of. interest with their
appointment to the committee, that discovery will be communicated to the Mayor immediately.
4. COMIvITITEE MEETINGS
Council committee meetings shall be scheduled at times which allow for each member to attend. Each
member should make an effort to accommodate the committee meeting schedule. The schedule of
committee meetings shall be promptly communicated to each committee member. Individual committee
members shall, meet with other citizens or organizations during a fact finding processor other reason
associated with the scope of the committee's purpose without the knowledge of all committee members. .
As required, committee meetings shall be conducted in accordance with the Ralph. M. Brown Act
5_ COh4NffJ 1CATIONS
Committee members are obligated to keep all .members well informed, and shall not purposely harbor or
keep relevant information from other members.
6. COMNffTTEE MATERIALS
Meeting agendas shall . be compiled by staff with input from each committee. member. Committee
materials shall be provided to each committee member. These materials shall be distributed to each
committee member at the same time. Special arrangements may be made with committee. members who
are out of town when materials are distributed.
7. COMtv1f ITEE RECOMMENDATIONS
Generally, committee members should . reach agreement on findings and recommendations to present to
the City Council. When the opinions of committee members diverge, each member may submit their
findings and recommendations in separate reports to the City Council_ Although written minutes of each
committee meeting are not required, committee findings and recommendations should be presented,to the
City Council in a written document_
8_ STAFFING
Council members assigned to committees shall observe the Rohnert Park Municipal Code regarding staff
assignment of duties. Only the City Manager shall assign staff to committees ' for the purposes of
administrative services, to attend committee meetings, and to assist. with committee presentations to the
City Council,
As of July 8, 2003
465.33
RESOLUTION NO. 2005- 08
A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING SELECTION OF MAYOR AND VICE MAYOR BY MAJORITY VOTE
AND REPEALING RESOLUTION NOS. 2002-219,2000-99 AND 99 -68
ESTABLISHING ROTATION OF THE CITY COUNCIL
MEMBERS INTO THE OFFICES OF MAYOR AND VICE MAYOR
WHEREAS, on March 23, 1999 the City Council adopted Resolution No. 99 -68 .
establishing a policy for the rotation of the City Council Members into the Offices of Mayor and
Vice Mayor of the City of Rohnert Park; and
WHEREAS, on May 23, 2000 the City Council adopted Resolution No. 2000 -99
amending Resolution No. 99 -68; and
WHEREAS, on September 24, 2002 the City Council adopted Resolution No 2002 -21.9
amending Resolution No. 2000 -99; and
WHEREAS, on December 14, 2004, the City Council determined by motion to repeal
Resolution Nos. 2002 -219, 2000 -99, and 99 -68, establishing a rotation system for the positions
of Mayor and Vice Mayor, and instead authorize the selection of Mayor.and Vice Mayor by a
majority vote of a quorum of the City Council_
NOW, THEREFORE, BE f RESOLVED by the Council of the City of Rohnert Park
that it does hereby repeal Resolution Nos. 2002 -219, 2000 -99 and 99 -68, establishing and
amending.a policy for.the rotation of the City Council Members into the Offices of Mayor and
Vice Mayor, and instead authorizes the selection of Mayor and Vice Mayor by a majority vote of
a quorum of the City Council.
DULY AND. REGULARLY ADOPTED this 11 `h day of January, 2005.
ATTEST:
CITY OF ROHNERT PARK
M e Mackenzie
FLORES: AYE SN=: AYE SPIZADUN: AYE VIDAK- MARTINFM AYE MACKENZIE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
DATE: March 11, 2008
MEMORANDUM
Office of the City Manager
TO: Mayor Mackenzie and Members. of the City Council
FROM: Stephen Donley, City Manager
SUBJECT: PUBLIC SAFETY BRIEFING POLICY
ITEM NO. 11.1
Council:
X
Miscellaneous
Communications
Agenda: 3H1108
X
3m08-Tc
Copy to:
To ensure the City Council is aware of public safety incidents that it will be directly informed of,
staff recommends establishing a briefing policy of public safety incidents. This policy would not
limit incidents which the Council would be briefed on by the City Manager or the Director of
Public Safety, it merely establishes known briefing standards. In summary the following
incidents will be briefed to the City Council:
1. Major injury or death of a City employee, an employee's immediate family member, or a
prisoner in custody by the Department of Public Safety
2. Officer- involved shooting
3. Traffic collision involving. a City vehicle resulting in a serious injury requiring
hospitalization
A. Hostage: or barricaded subject
.5. Riot.or other major disturbance (e.g., violent protest)
6.. Citypartiicipation in disaster response to other jurisdictions (e.g., strike teams sent to the
San Diego fires)
7. Homicide, or any unusual event leading to death
8. Major fire resulting in. the loss of a structure
9. Assault where the victim may expire
10. Robbery with serious injury
11. Major sex crime with bodily injury
.12. Kidnapping
13. A substantial school- related incident
1.4. Felony arrest of any City employee, or political figure
15. Any event resulting in substantial media coverage (e.g., discovery of improperly stored
bodies by funeral home) .
'16; Any Public Safety event involving an elected official, City Manager, department. head
that comes to the attention of the Department of Public. Safety
17. Activation of the City's Emergency Operations Center.
Requirements in. existing law .(e.g:, juvenile information; notification of immediate family
members) or the need toprotect crime victims may restrict the ability to provide information.
This policy is. not intended to circumvent legal limits to law enforcement restricted information. in
cases where incidents not requiring Council action occur during the hours of 9:00 P.M, through
8:00 A.M., Councilmerribers.will be contacted the next morning or shortly thereafter.
Council:
X
Miscellaneous
Communications
Agenda:10128108
X
10122108 -ag
Copy to:
SONOMA(OUNTY
,11, Waste
Management
Agency
SONOMA COUNTY WASTE MANAGEMENT AGENCY
October 15, 2008
City of Santa Rosa Utilities Department
Subregional Water Reclamation System Laguna Plant
4300 Llano Road, Santa Rosa, CA 95407
Estuary Meeting Room
Estimated Ending - .
AGENDA
ITEM ACTION
1. Call to Order /Introductions
2. Open Closed Session
CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: 500 Mecham Road, Petaluma, California
Agency Negotiator: Executive Director
Negotiating Party.- County of Sonoma
Under Negotiation: PRICE
TERMS
BOTH X
3. Adjourn Closed Session
4. Call to Order Regular Meeting /Introductions
5. Attachments /Correspondence:
Director's Agenda Notes
Letters of Support 1) AB 186Q 2) "No Drugs Down the Drain" Campaign
6. On file w /Clerk: for copy call 565 -3579
Resolutions approved in September 2008
2008 -027 Resolution of the SCWMA Approving the First Amendment with VBN
Architects for Professional Services
2008 -028 Resolution of the SCWMA Adopting Technical Adjustments to the
Annual Budget for Fiscal Year 2008 -09
2008 -029 Resolution of the SCWMA Approving the Sixth Amendment to the
Agreement between the SCWMA, County of Sonoma, and Clean
Harbors Environmental Services, Inc. for Operation of HHW Programs.
2300 County Center Drive, Suite 8100 Santa Rosa. California 95403_ Phone: 7071565 -2231 Fax: 7071565 -3701 vm r&cVcl =mow orn
Printed on Recycled Paper @ 35% post - consumer content
s
7. Public Comments (items not on the agenda)
CONSENT (Wattachments) Discussion /Action
8.1 Minutes of September 17, 2008
8.2 Compost Relocation Update
8.3 Environmental Preferable Purchasing
8.4 First Amendment to the ESA CoIWMP Agreement
8.5 HHW Roof Extension Update
REGULAR CALENDAR
ADMINiSTRATI(�N
9.1 Discussion of Funding Fee Ordinance Discussion /Action
[Mangerich](Attachment)
DIVERSION
10.1 Presentation by Redwood Empire Disposal /North Bay Corporation
[Mangerich]
HOUSEHOLD HAZARDOUS WASTE
11.1 HHW Scope of Work for Voluntary Take -Back Discussion /Action
Program, EPR [ Chilcott/Steinman] (Attachment).
11.2 Authorize Executive Director to Represent SCWMA Discussion /Action
as Board Member on Product Stewardship Institute
[Mangerich](Attachment)
EDUCATION
12.1 School Grant Award Discussion /Action
[Chi lcoff](Attachmen t)
13. Boardmember Comments
14. Staff Comments
15. Adjourn
CONSENT CALENDAR: These matters include routine financial and administrative actions and are usually
approved by a single majority vote. Any Boardmember may remove an item from the consent calendar.
REGULAR CALENDAR: These Items include significant and administrative actions of special interest and are
classified by program area. The regular calendar also includes "Set Matters," which are noticed hearings, work
sessions and public hearings;
PUBLIC COMMENTS: Pursuant to Rule 6; Rules of Governance of the Sonoma County Waste Management Agency,
members of the public desiring to speak on items that are within the jurisdiction of the Agency shall have an
opportunity at the beginning and during each regular meeting of the Agency. When recognized by the Chair, each
person should give his /her name and address and limit comments to 3 minutes. Public comments will follow the
staff report and subsequent Boardmember questions on that Agenda item, and before Boardmembers propose a
motion to vote on any item.
DISABLED ACCOMMODATION: If you have a disability that requires the agenda materials to be in an alternative
format or requires an interpreter or other person to assist you While attending this meeting, please contact the
Sonoma County Waste Management Agency Office at 2300 County Center Drive, Suite 8100, Santa Rosa, (707) 565-
3579, at least 72 hours prior to the meeting, to ensure arrangements for accommodation by the Agency.
NOTICING: This notice is posted 72 hours, prior to the meeting at The Board of Supervisors, 575 Administration
Drive, Santa Rosa, and at the meeting site the City of Santa Rosa Utilities Department Subreglonal Water
Reclamation System Laguna Plant, 4300 Llano Road, Santa Rosa. It is also available on the internet at
www.recyclenow.org
2300 County Center Drrve, Suite B100 Santa Rosa, California 95403 Phone: 7071565 -2231 Fax; 707/565 -3701 rnmj.rccyrlenow orq
Printed on Recycled Paper aQ 35% post- consumer content
ROHNERT PARK CITY COUNCIL
ECONOMIC DEVELOPMENT SUB- COMMITTEE MEETING
AGENDA
Wednesday, October 15, 2008
11:00 p.m.
Rohnert Park Administrative Offices- Council Chambers
6750 Commerce Boulevard
Committee. Members: Arnie Breeze, Councilmember
Vicki Vidak - Martinez, Councilmember
Council:
X
Miscellaneous
Communications
Agenda:10128108
X
10122108 -ag
Copy to:
City. Staffs Dan Schwarz, Assistant City Manager
Maureen Rich, Senior Planner
11:00 p.m. REGULAR SESSION - Open to Public
Call to Order
1. Public Comments, if any
2. Rohnert Park Economic Development Strategic Plan_
Discussion and direction
3. Chamber of Commerce
4. Climate Change as Economic Development
5 City Matters
6. Adjournment
Posted in accordance with state law.
Any writings or documents related to items of business referred to on this Agenda that are subject to disclosure and distributed
with the agenda or handed out at the meeting will be available for public inspection in the City Manager's O,ce at 6750
Commerce Boulevard, Rohnert Park, CA during normal business hours.
Disabled Accommodation: If you have a disability which requires an interpreter or other person to assist you while attending
this meeting, please contact (707) 588.2226 at least 72 hours prior to the meeting to ensure accommodations.
A;
Council:
X
Miscellaneous
Communications
Agenda:10 128108 _
X
10122/08 -ag
Copy to.
_
WIN 4 R1
SONOMA COUN'T'Y
AGRICULTURAL PRESERVATION
AND OPEN SPACE DISTRICT
Thursday, October 23, 2008
REGULAR MEETING
SONOMA COUNTY AGRICULTURAL PRESERVATION AND OPEN SPACE DISTRICT
ADVISORY COMMITTEE`
NOTE: CHANGE IN MEETING LOCATION
SONOMA ACADEMY
2500 FARMERS LANE AT THE END OF KAWANA SPRINGS ROAD
** FIELD TRIP: STARTS FROM KAWANA TERRACE ROAD AT 4:30 P.M. **
Meeting begins at 5.30 p.m.
MEMBERS PLEASE CALL IF UNABLE TO ATTEND
AGENDA
1. Public Comment -Comments on items not listed on the agenda
(Time is limited to 3 minutes perperson /item)
2. Announcements from Advisory Committee Members INFORMATIONAL
3. Approval of Minutes [Attachment "A "] ACTION
4. General Manager's Report INFORMATIONAL
5. Draft Mitigation Policy [Attachment "B "] DISCUSSION /RECOMMENDEDACT[ON
Presentation by District Staff
6. Taylor Mountain Interim Public Access ,Permit Program. [Attachment "C "] INFORMATIONAL
7. Other Projects in Negotiation [Attachment "D "] INFORMATIONAL
8. Adjournment /Future Meetings
® Next scheduled meeting: November 20, 2008
DISABLED ACCOMMODATION: If you have a disability which requires the agenda materials to be in an alternative
format or requires an interpreter or other person to assist you while attending this meeting, please contact Janet Christensen
at (707) 565 -7363, at least 72 hours prior to the meeting to ensure arrangements for accommodation.
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COUNCIL COMMUNICATIONS (10128/08)
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Communications Distributed (10/22/08)
1.
Paul Stutrud / Resident Letter re: Campaign Flyer from Jack Buchanan 10/19/08
2.
Communications Distributed •• - (10124/08)
3.
F-::
4.
Communications Distributed • • (10/28/08)
5.
Oct 19 08 12:42p Paul Stutrud
Paul D. Stutrud
P. n, Box 2205
Rohnert Park CA 94927 -2205
I() October 2008
Jake MacKenzie, Mayor
Members of the Rohnert Park City Council
6750 Commerce Boulevard
Rohnert Park CA 94928
RE: campaign flyer from Jack Buchanan
Dear Mr. MacKenzie and members of the City Council:
707 585 7419 p.1
RECEIVED
OCT 2 0 2008
CITY OF
RC)I- NERT PARK
Council:
Miscellaneous
Co111n1Unii i#tlonS
Copy to:
Copy to:
A few days ago 1 received a very slick and expensive*, election campaign flyer that was paid for by
.Tack Buchanan. It made the point that the incumbent candidates, MacKenzie, Vidak - Martinez
and Smith "lavished" over $65,000 on "their trips, while cutting funds for public safety, children,
seniors, the arts, & more."
As a long time tax- paying resident and concerned citizen, I would like an explanation and I think
this matter deserves to be an agendized item for the next city council meeting.
I would like an explanation of whether this is another exaggeration of reality as the flyers put out
by the "No on Measure L" group stating that 11' Measure 1, passes the results will be the city of
Rohnert park going bankrupt and having flooding as depicted on going to be caused.
Thank you,
Paul D. Stutrud
cc: Community Voice
/o•zo.de
Calendar of Events
Next Council Meeting October 28, 2008
Wednesday, 10/15
Sonoma County Waste Management Agency
8:30am. 4300 Llano Road (TS)
Wednesday, 10/15
Economic Development Subcommittee
11 am City Hall (ABNvm)
October 16
Mayors & Councilmembers meeting
Sebastopol [Santa Rosa plans programs] (JM/TSNvm)
Friday, 10/17
Sonoma County Alliance Moving Forward Conference
7:30 a.m. Finley Center (JM)
Thursday, 10/23
Russian River Watershed Association Board of Directors Meeting
9291 Old Redwood Highway; Windsor (JM /PS)
Thursday, 10/23
So Co Agricultural Preservation & Open Space District
5:30pm. 2500 Farmers Lane (TS)
Friday, 10/24
So Co Mayors' Committee on Employment of People w /Disabilities
5t' Annual Best Practices Awards Breakfast
7am. 3555 Round Barn Blvd, SR (TS)
Sunday, October 26
Rail - Volution Conference
San Francisco (JM)
Wednesday, 10/29
Water Issues Subcommittee meeting
Noon. Conference Room (PS)
Council:
X
Miscellaneous
Communications
Agenda: 10/28108
X
10/22/08 -TG
Copy to:
Thursday, 10/30
2008 Leadership Awards Luncheon sponsored by North Bay Leadership Council
11:30am Embassy Suites Hotel, San Rafael (JM)
Thursday, 11/6
2008 Climate All Stars Conference
8am -5pm. St Mary's Cathedral. 1111 Gough Street. San Francisco (JM)
Thursday, 11/13
Waste & Recycling Subcommittee meeting
11:30am. Conference Room (AB/TS)
Friday, 11/14
California Outlook 2009: Preparing for Recovery (Dr. Christopher Thornberg)
7 -9am. Hyatt Vineyard Creek, S.R.
AGENDA FORECAST
Monday, November 10, 2008
Recreation Work Session: Guy Miller
Council:
X
Miscellaneous
Communications
Agenda: 10128/08
X
10122108 -TG
Copy to:
Sonoma State University Student Report —Casey Jones, ASI Representative
Pledge of Allegiance:
Presentations
Presentation Eric & Mary Burns for Eve Court Landscaping project.
Sophia Grubb: Report on her Trip as Student Ambassador to Sister City, Hashimoto
Community Development
2008 - Resolution Approving and Authorizing the Execution of a Reimbursement Agreement with
the City of Rohnert Park for Construction of the Fire Station No. 1 Improvements
Consent Calendar
2008 - Resolution Approving and Authorizing the Execution of a Reimbursement Agreement with
the City of Rohnert Park for Construction of the Fire Station No. 1 Improvements
Individual Items
2008 -AB 811
2008 - Climate Protection
Ordinances
Council Committee and /or other Reports
Water Issues Subcommittee meeting 10/29 — PS
Other
2008 Leadership Awards Luncheon 10/30 — JM
2008 Climate All Stars Conference 11/6 - JM
Rohnert Park Financing Authority
CDC:
Miscellaneous
Communications
Agenda: 10128108 X �oi22ioa -rc
C0ov to:
COMMUNITY DEVELOPMENT COMMISSION
BILLS FOR APPROVAL
October 28, 2008
Checks 5109 - 5115 $145,743.30
Dated October 15 - 22, 2008
TOTAL $145,743.30