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2008/07/08 City Council Agenda Packet
Judy Hauff City Clerk City Hall ROBERT & HEIDI WEIL 11 July 8, 2008 Mayor Jake Mackenzie Vice -Mayor Pam Stafford Council Member Arnie Breeze Council Member Tim Smith Council Member Vicki Vidak- Martinez 6750 Commerce Boulevard Rolrnert Park, CA 94928 Dear Mayor and Councilmembers, Distr. @ Mtg. cc: cm Our neighborhood has been continually disturbed by excessive noise generated by the Latitudes Restaurant since it opened in December 2003, and we respectfully request that the City Council take action to address this nuisance. The owners of the Latitudes Restaurant have chosen to disregard the conditions set forth in their use permit. Their indoor and outdoor music exceeds the specified noise levels and causes a recurring disturbance to neighboring residents. They have shown time and again that they are not willing to be good neighbors. When this problem first arose, we attempted to work with the management. When this was not effective, we met with the Public Safety Department, the Planning Department, the Assistant City Manager, and the City Manager. We have assembled a packet of information for you: 1. Letter from the Department of Public Safety to Latitudes Restaurant. This letter reiterates the use permit condition that aniplifzed sound is not allowed on the exterior of the property. 2. A Live Music Agreement posted on the restaurant's web site inviting bands to perform on their "outdoor bandstand ". 3. Staff Report and Use Permit to allow live entertainment at Latitude's restaurant. 4. Comparison of use permit assumptions and actual situation. The use permit was granted on the basis of faulty assumptions. 5. Definition of decibel. G. Petition from "F" Section neighbors to City of Rohnert Park regarding Latitudes noise nuisance. Latitudes Restaurant has shown flagrant disregard for their neighbors and for the law. We note that Ordinance 745 imposes significant penalties for gatherings that cause a disturbance of the quiet enjoyment of private property, but this Ordinance has never been applied to Latitudes Restaurant as far as we are aware. We request that the City Council take whatever steps necessary to eliminate this nuisance. Sincerely, a© CITY OF ROHNERT PARK DEPARTMENT OF PUBLIC SAFETY ?0 LICI+1 AND FIRE SERVICES Tlxornas R. Bullard, Director September 28, 2006 David Keegan, General Manager Latitude Restaurant 500 Roberts Lake Road Roluiert Park, CA 94928 Dear Mr. Keegan, Senior Planner Ron Bendozff:and I rep -Ttijy ri of witlx Assist�t�t xiy tt1�z ey Gabrielle Whelan to discuss a citizen complaint of excessive sound'prig>I 441g fxoin Latitude �-stauzant., The;complaint cone dined sound on Surd , ,A� t "20, 2()O6 This wa's the Adte thd. z..atitude presented the "Fire Dancers" ors 43e "y<. Upon tlxoxou l �revt w �f tl�© teal o y use nnit granted Latitude ROsF�%z�X�t, �`enaox k��ann�r Bezxdorff a�x�x ot ao t p bxas deterninr th4t lowed, hx y An o amplified sound outsid w�l p0�vesd�texltez inodation of the ecsfzns :✓ xt qi a�1.Vse. Permit fpu obtained irk acivata r � e lal i t �p rtin�nt. Further use of xnp` z(' d , r ill s of %glurne, is a violat bode a o a Raxxitcxl and th c'Coz�dltzozxas�rinrisubquent amplified sourilst b�, cr is' dead at61e vznlatiar�, ax>t tl�c eisttxxgt��rxttoulc hco su�t}ect to revocatiozx n addition to the eoriplalnt cbft anxp�ied send, tho citiri r�ptirts ezcessXVe`nozse:;Qginating from he patio area at 12:30 Alva ::Please re ie Ch�pt�r 9 4 . o��he l��lanert �?�rk itniczpgl e concerning the ;xeation of a noise disturbazice he Ivlihtclpal. Code >s avaiabl; for revr online at `�VWW.RPCITY.ORG 'iiicerely, ergeant Arthur Sweeney ` t l �• • C . .ohnert Park Department of Public Safety tL 1 D W l L Gabrielle P. Whelan, Assistant City Attorney Torn Bullard, Public Safety Director Ted Giesige, Public Safety Commander Ron Bendorff, Senior Planner 500 CITY HALL DRIVE - ROHNERT PARK, CALIFORNIA - 94928 -2118 phozze: (707) 584 -2600 - fax: (707) 584 -2683 500 City Center Drive 9 Rohnert Park, CA 94928-2118 • Phone (707) 584 -2600 . Fax (707) 584 --2683 ". ., 5000 Roberts Luke Road ' ( Rohnert Park, CA 94928 ISLAND GRILL Ph 707 -588 -1800 seafood �V steaks 110nle About Us Lions Reservations Latitude Island Grill - Live Music Agreement Lunch Brunch Menu Dinner Menu Cafe Menu Dessert Menu The Local Time is: Sunday, 22 -Jun -2008 20:14:00 PDT Banquet Menu Location Photo Gallery Please note: We do not sell or share names, addresses or any information supplied by our visitors. Dear Musician. We're looking forward to another great year at Latitude Is €and Grill. For this season we are going to continue our music on Friday nights and possibly book Saturdays. Please clarify the type of music performed as we elloose music styles that compliment our tropical decor and location. The following are the specifics we need for your group. Please subinit a demo CD to 5000 Roberts Lake Rd, Roltnert Park, 94928. After filling out and reviewing please submit. Group Name: Contact: Contact Number: E -Mail: � Approximate Number of group members: Style of Music performed: Upcoming performance dates and times available: Dates and times ._._.._._._..e.._N .,.._..._. ._ NOT available: Overview of facility: • Group will perform on outdoor bandstand. All equipment must fit on stage, (9'x19') 2 6/22/2008 8:14 PM • One power strip with 110 power supplied. A 220 spider box may be available on request, • Must be set up and ready to perform at beginning of time specified for each performance. • Friday performance from 6:00- 9:00pm. • Area for signage, CU display and tip jar out to inform guests of your live music. Latitude will do two E- blasts per month for performing groups. Not guaranteed to always mention your specific group, but any digital pictures or links are welcome. • In the event of rain or bad weather Latitude Island Grill reserves the right to cancel the performance up to 6 hours in advance unfortunately with no compensation to be given. • Breaks are to be no longer than 15 min and band must notify management to initiate house background music. Con>pensation- • Upon completion of full performance compensation will be $100.00 per musician up to $300.00 paid in cash. • A house credit of $20.00 per person, up to $100 to be used on the night of the performance only. If ordering food this must be done prior to beginning of performance. Please plan your arrival time accordingly. This credit spent at Latitude is not inclusive of gratuity. By submitting this contract you agree to all terms listed above. If in any event the terms of this contract are broken during or after performances listed above Latitude reserves the right to cancel all future performances without compensation. We took forward to a great season. Submit Clear form 1 I bone I About ,Us I Reservations I l..urtch _M(nu f Brunch Menu I t)rnnrr, lienu I Cikfc Mcuu I Dusserr N'lenu ' 13,tng1101 _Me III) L.ocation I Photo .Gifflely j 5000 Roberts Lake Road Rohuert Park, CA 94928 Ph 707.588 -1800 6/22/2008 8:14 PM Pile: PL2004 -043UP Date: 9/8104 item: 2 City of Rohnert Park Planning Commission Staff' Report Project Description Use Permit to Allow Live Entertainment at an Existing Restaurant Project Location 5000 Roberts Lake Road; APN 160 -010 -026 Applicant Mary Young/Latitude Restaurant G.P. Designation Regional Commercial Zoning C -R: Regional Commercial District Project Update The project site was previously used as the "California Welcome Center" and in 2003 the City sold the site as a surplus property to a private developer. On July 10, 2003, the Planning Commission approved architectural review to allow the remodeling of the building into a restaurant ( "Latitude "). The restaurant has been open since December 2003 and has periodically offered musical events indoors and on the outdoor patio areas. The operator was not aware that live entertainment requires a use permit from the City, however, and upon being informed of this, submitted an application for the required use permit from the Planning Commission. The Commission is being asked to review the proposal at this time. Surrounding uses include Roberts Lake to the north, the "Doubletree Plaza" commercial center to the south, a park - and -ride lot and the State Highway 101 right-of-way to the west beyond the Roberts Lake Road right-of-way, and the "Doubletree Hotel" and the north course of the Foxtail Golf Club to the east. Single family residences are also situated to the north of the site, beyond the golf course and Roberts Lake. Project Analysis The operation has been offering live music for a number of months and, as noted above, has applied for the required use permit after learning of its necessity. The list of outdoor musical events provided by the applicant (see attached) shows that this entertainment takes place on Thursdays, Fridays, and Saturdays and is generally over by 9:00 p.m. The entertainment appears to be primarily softer jazz and is not amplified, therefore, noise impacts on surrounding uses would not be expected. The operation also features "house music" (i.e. recorded music played by a decjay) on Thursdays between. 10:00 p.rn. and. 1 :30 a.m., which is not listed in the attachment. The "house music" is played inside the building, with speakers broadcasting the music to the outside patios at a diminished sound level. As with any operation offering live music, the applicant is subject to the City's noise standards, as listed in the Performance Standards section of the Zoning Ordinance (Section 17.12.030 of the Municipal Code.) These standards stipulate that a maximum noise level of 60 dBa (the decibel level, weighted to approximate the ambient level that the human ear hears) shall be maintained at the property line and that a maximum of 50 dBa shall be maintained between the hours of 7:00 1 File: PL2004 -043UP Date: 918/04 Item: 2 p.m. and 7:00 a.m. when pleasured at any boundary of a residential zone. In the applicant's case, the outdoor acoustic musical events are fairly low -key in nature and are well removed from the closest sensitive uses (i.e. the Doubletree Hotel, which is approxipiately 300 feet to the cast, and the closest "F" Section homes, which are 1,000- feet north of the facility.) The indoor musical events are generally buffered by the walls of the restaurant building and by the distance between the operation and the aforementioned uses. If the sound level of the outdoor speakers broadcasting the Thursday night "house music" is kept at a level equivalent to or below that of the acoustic music, then noise impacts on sensitive uses in the vicinity should be minimized. To ensure that noise impacts do not occur, a condition has been added stipulating that noise not exceed 60 dBa at the site's property line, with a maximum of 50 dBa to be maintained between the hours of 7:00 p.m. and 7:00 a.m. when measured at the boundary of a residential zone. The Director of Public Safety or his /her designee has final authority over the reasonableness of the sound and impacts on any neighboring uses Given that the musical events have been taking place over the last few inonths, Staff has asked the Department of Public Safety (DPS) if there have been any problems with the operation and /or complaints pertaining to noise generated by the events. DPS Staff has indicated that, to date, the operation's security measures have been very effective and no incidents have occurred. Also, the operator is working with DPS to ensure that exiting and other Fire Code requirements are being inet. Lastly, no noise complaints regarding the operation have been received by DPS. Nonetheless, conditions are included in the attached resolution of approval requiring the continued application of necessary security measures and the securing of all required permits for the events. Environmental Review The project is categorically exempt froze the California Environmental Quality Act, pursuant to Public Resources Code Section 15301 (Class I — Existing Facilities). Findings Pursuant to Zoning Ordinance Section 17.52.090, the Planning Commission may grant an application for the requested use permit if the required findings can be made. The findings and the basis for making each in the affirmative are found in the attached resolution. Public Notification A public hearing notice denoting the time, date, and location of the proposal's hearing was published in the Press Democrat. Property owners within 300 feet of the project site were mailed notices, and the notice was posted pursuant to State Planning Law. In addition, Staff mailed notices to the owners of the residential properties backing the golf course to the north of the site. Alternative Actions The following alternatives are available to the Commission: 1. Adopt the attached resolution Approving File No. PL2004- 043UP, as conditioned. 2. Direct staff to prepare a resolution denying File No. PL2004- 043UP. 2 File: PL2004 -043UP Date: 9/8/04 Item: 2 3. . Direct staff to further evaluate specific issues and postpone action on the application to a later date. Stan Recommendation Based on the findings of this report, staff recommends that the Planning Cozninission, by motion adopt Planning Commission Resolution No. 200437, approving Fite No. PL2004 -043UP, as conditioned. Respectfully Submitted, " 'Ron Bendorff Senior Planner !� Attachments: 1. Planning Commission Resolution No, 2004 -37 2. Vicinity Map 3. Applicant's Description Exhibits: 1. Floor Plan Vicinity Map 1 � a RODERIS & WE 0�501 Subject Site %! / SOS �� 4460 4940 SD0O COLE COURSE r4 tV FOF APN: Mark "Young /Latitude Restaurant --- 1 60- 010 -026 Review of Use Permit to .Allow Live Entertainment at an Existing Restaurant Located at 5000 Roberts Lake Road Scale: 1 " =400' 9,5.9 9)Q7 i4'9 'gyp 1. •84'9 I8,6 9�9 l8g9 9�8 Date: 9/8/04 File No.: PL2004- 043UP Attadiment 2 Conditional Use Permit application for Latitude Locations of live events: Jazz duo, trio, or combo at site #1 Guitarist, vocalist at site #1 Recording artists at site #Z Description of events: The artists that perform Fridays and Saturdays are generally softer jazz and /or guitarists /vocalists. The Artists that perform Thursdays are nationally recognized recording artists, on tour, signing copies of their latest CD's. Times of events: Jazz, guitarists, vocalists perform between 3:00 p.m. and 9:00 p.m. Recording artists perform between 5:30 and 6 :30 p.m. Days of Events: Thursdays: Recording artists Fridays: Jazz Saturdays: Guitarists, vocalists IN ...... .... tit vi Pile: PL2004 -043UP Date: 9/8/04 Item: 2 PC RESOLUTION NO. 2004-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, APPROVING FILE NO. PL2004- 043UP: PERMIT FOR LIVE ENTERTAINMENT AT AN EXISTING RESTAURANT AT 5000 ROBERTS LAKE ROAD (Mark Young/Latitude Restaurant) WHEREAS, the applicant filed Planning Application No. PL2004 -043UP for approval of a use permit for live eiAertainnnent at an existing restaurant at 5000 Roberts Lake Road (APN 160- 010 -026) in accordance with the City of Rolnlert Park Municipal Code; WHEREAS, Planning Application No. PL2004 -043UP was processed in the time and manner prescribed by State and local law; WHEREAS, on September 8, 2004) the Planning Commission reviewed Planning Application No. PL2004 -043UP during a scheduled public hearing at which time interested persons had an opportunity to testify either in support of or opposition to the project; and, WHEREAS, at the September 8, 2004 Planning Commission meeting, upon hearing and considering all testunony and arguments, if any, of all persons desiring to be heard, the Commission considered all the facts relating to Planning Application No. PL2004- 043UP; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. Findings. The Planning Commission, in approving Planning Application No. PL2004 -043UP makes the following findings, to wit; A. That the proposed location oj'the conditional use is in accord with the objectives of the zoning ordinance and the purposes o f the district in which the site is located. Criteria Satisfied. The proposed location is within a commercial building that is generally surrounded by other commercial uses. There are single - family residential uses situated approximately 1000 feet + to the north and northwest of the site, beyond the golf course and Roberts Lake. The Doubletree Hotel is located approximately 300 feet to the east of the site, beyond the golf course. The musical events will be required to conform to the City's noise standards so that potential concerns are mitigated. B. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, .or materially injurious to properties or improvements in the vicinity. 4 �' tl File: PL2004 -043UP Date: 9/8/04 Item: 2 Criteria Satisfied. As discussed in the staff report, the outdoor musical events would generally be acoustic in nature and would not be expected to create significant off -site noise. The Thursday night "house music" events have a greater potential for noise impacts, however, the events would be held indoors and the buildings' walls would provide sound buffering, as would the distance between the site and the nearest sensitive uses. Any sound generated by any event shall be subject to the performance standards of the Zoning .Ordinance regarding noise mitigation. C. That the proposed conditional use will comply with each of the applicable provisions of this Title. Criteria Satisfied. The proposed live entertainment would be subject to the noise standards of the Zoning Ordinance and a condition has been added to this effect. Section 3. Environmental Clearance. The project is categorically exempt from the California Environmental Quality Act, pursuant to Public Resources Code Section 15301 (Class 1 — Existing Facilities). NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby approve Application No. 2004 -043: use permit for live entertainment at an existing restaurant at 5000 Roberts Lake Road, Rohnert Park, CA (Assessor's Parcel No. APN 160 - 010 -026), subject to the following conditions: 1. Expiration of Approval — Pursuant to the City of Rohnert Park Municipal Code, the Use Permit approval shall expire one year from the Planning Commission approval date, unless an activity is conducted pertaining to the use permit or an extension is requested and approved. 2. Conformance with Municipal Code and Other Agency Plans.— All imppvements shall comply with all applicable sections of the City of Rohnert Park Municipal Code and any other applicable relevant plans of affected agencies. 3. The applicant shall obtain all necessary permits and clearances from the Rohnert Park Building and Public Safety Departments prior to commencement of live entertainment at this location. 4. The occupancy shall riot exceed that permitted by the Fire Code for this operation, with exceptions to be approved by the Director of Public Safety. 5. The operation must provide its own security force for each event, as acceptable to the Rohnert Park Department of Public Safety. The security force shall be required to patrol both indoors and outdoors and shall remain on duty until the facility is closed and the patrons have left the premises. 6. The volume generated by events will not exceed 60 dBa at the site's property line, and a maximum of 50 dBa shall be maintained between the hours of 7:00 p.m. and 7:00 a.m. when measured at any boundary of a residential zone. The Director of Public Safety or his/her designee shall have final authority over the reasonableness of the sound and its unnecessary, excessive or annoying effects to area neighbors. 1 File: PL2004.043UP Date: 9/8/04 Item: 2 BE IT FURTHER RESOLVED that said action shall not be deemed final until the appeal period has expired and that the appeal period shall be 10 working days from the date of said action. No building permits shall be issued until the appeal period has expired, providing there are no appeals. DULY AND REGULARLY ADOPTED on this 8th day of September, 2004, by the City of Rohnert Park Planning Commission by the following vote: HUM Susan Adams, Chairperson, Rohnert Park PlAnnin`g Commission Attest: Carol Mendenhall, Recording Secretary AYES: NOES: D ABSENT: ABSTAIN: ADAMS BLANQUIE V//' CALLINAN ✓ HUBLEY vSMITH 6 The Latitudes Restaurant Use Permit was granted on the basis of faulty assumptions. September 2004 Use Permit Assn Lions Actual Situation "The entertainment appears to be primarily Entertainment is amplified and is not primarily softer jazz and is not amplified." softer jazz. "The volume generated by events shall not The restaurant's own noise study measured exceed 60 dBa at the site's property line." noise levels between 70 — 75 dBa at the property line on 5/4/07. "A maximum noise level of 50 dBa shall be The restaurant's own noise study measured maintained between the hours of 7 p.m. and 7 noise levels at 56 to 62 dBa during these hours. a.m., measured at the boundary of the residential zone." "The outdoor acoustic musical events are fairly On 8/20/06 Latitudes Restaurant held an event low -key in nature and are well removed from on their patio, the "Fire Dancers ", which was the closest sensitive uses...'F' Section homes." neither acoustic nor low -key. Amplified music is typical. _ "The indoor musical events are generally The indoor music is amplified to such an buffered by the walls of the restaurant building extent that it is not contained within the and by the distance between the operation and building. The thumping sound from the bass the homes." speakers is clearly audible in "F" Section homes. The restaurant's own acoustical engineer noted this problem during their measurements. "If the sound level of the outdoor speakers is No precautions are taken. Residences are kept at a level equivalent to or below that of impacted by music through the speakers. the acoustic music, then the noise impacts on Bands are positioned so that the speakers face the residences in the vicinity should be the "F" Section homes and the music is minimized." definitely audible. "The Director of Public Safety or his /her Many calls have been made to Public Safety in designee has final authority over the the middle of the night to report the noise reasonableness of the sound and impacts on the nuisance. No citations have been issued (to neighbors." our knowledge). The conditions of the use permit are not enforced, and the problem has persisted for four years. The staff report states that, "Staff asked Public . During this period of time, "1?" Section Safety if there have been any... complaints residents were calling the restaurant directly to pertaining to noise generated by the events ask them to turn the music down (to no avail). [during the first eight months of operation]. DPS has indicated that ... no noise complaints have been received." "A public hearing notice was mailed to owners Even though we have corresponded with the of the residential properties backing the golf Planning Department regarding noise from this course on the north side of the site. site since 1998 when it was the Welcome Center, we were never sent a notice about the Sept 2004 public hearing. Definition of. deciBel A unit of measurement of the loudness or strength of a sound. As the deciBels increase, the loudness increases. Rather than increasing linearly, deciBels increase on a logarithmic scale. In other words, small increases in deciBels translate into large differences in loudness, as shown on the following table. As you can see, a sound that is 53 deciBels is actually twice as loud a sound that is 50 deciBels, and a sound that is 56 deciBels is actually four times as loud as a sound that 50 deciBels. INCREASE IN SOUND LEVELS .Increase in DeciBels (dB) Increase in Loudness 3 dB 2 times 6 dB 4 times 10 dB (I Bel) 10 times 20 dB 100 times 30 dB 1,000 times 40 dB 10,000 times : October 28, 2007 Mr. Dan Schwarz, Assistant City Manager City of Rohnert Park 6750 Commerce Boulevard Rohnert Park, CA 94928 Dear Mr. Schwarz, We have been continually disturbed by late night amplified music from the Latitudes Restaurant on Friday and Saturday nights. We ask that the City of Rohnert Park take whatever steps are necessary to eliminate this nuisance. Name _ A Address S Signature M 4 i . 0 0 i i 4 i i 4 . 0 0 0 . 0 . . - - . November 3, 2007 Mr. Dan Schwarz, Assistant City Manager City of Rohnert Park 6750 Commerce Boulevard Rohnert Park, CA 94928 Dear Mr. Schwarz, We have been continually disturbed by late night amplified music from the Latitudes Restaurant on Friday and Saturday nights. We ask that the City of Rohnert Park take whatever steps are necessary to eliminate this nuisance. . . . . . . . . . . . . 0 . . . . . . . . . 0 Own @ Mtg. Of: cc: cc: Griffin, Terri From: Schwarz, Dan File: Sent: Thursday, July 03, 2008 4:56 PMT µ To: 'amieandpaige @aol.com'; Pam Stafford - business; 'vvm92tam @com cast. net; Smith, Tim; Mackenzie, Jake - AOL Cc: Lidster, Beth; Griffin, Terri; Donley, Steve; Hauff, Judy Subject: Management Unit Outline Councilmembers: The item about benefits in your agenda packet references the Management Unit Outline. If you would like to review the Management Unit Outline, it is available on the website at: http: / / www.rpcity.org/ component /option,com_docman /task,cat_ view /gid,115 /Itemid,45/ Or you can request a copy from one of us. Dan Schwarz, Asst. City Manager City of Rohnert Park dschwarz @rpcity.org (707) 588 -2212 (707) 588 -2263 fax www.rpcity.org 1 COURTESY AGENDA 07/08/08 cc: J. Hauff, City Clerk (2) T. Griffin, Deputy City Clerk Kathy Dennison Rohnert Park - Cotati Regional Library 6250 Lynne Conde Way Rohnert Park, CA 94928 Cheryl A. Fonseca 7761 Montero Dr. Rohnert Park, CA 94928 John McArthur Director of Utilities /Gen'l Services Public Works Department NOTE: Place marker on agenda for each individual recipient. Linda Beltz 6182 San Bruno Court Rohnert Park, CA 94928 John F. Hudson 399 Bonnie Ave. Rohnert Park, CA 94928 PSO Jim Brady Public Safety Department (Item No. 2) Harry G. Worthington 8027 Mackey Ct. Rohnert Park, CA 94928 w Q w Q to Q w w Q M1.1 .Q y eQ r�I1� Jle %5 19 a) o) a U o� w U V w O 0 0� Ol U ti ti A V `HH � J i— w w Y OZ �O wQ OD r D N t— D �0= w 0 LL Z LL o °a° IT. Qw0 Z Z O Q ° QO F— — NU Ow ll-- ° w Z w ° U. Z O U N 2 ITEM Nn. 2 Council: X Miscellaneous Communications Agenda: 718108 X 7/2108 -TG Copy to 00 0 0 N o� 0 Nt N ' v 0 9 O W �N C d Y V Y CITY COUNCIL SPEAKER CARD Date: Item #: Name �/ ��z� Address: /f22 6 4g(/� Phone:_ 4EZ3 1je�l2g i I all WWWA Brief Summary of Comments: .ri -ic�1r7T. -T16 U _ tr � y � �! • See *RRevQerse CITY COUNCIL SPEAKER CARD [)ate: Item #- vame• o seaq kddress: -tq ©'VIV 1il p AV,,-Q- Phone: Brief Summary of Comments: CITY COUNCIL SPEAKER CARD U Date: - � olp Item #: Name: Address:/ Phone: (^7 (D-7) -- "# r� � O J I TOPIC: �? .); Lw,(- idl �(,cl'C Brief Summary of Comments: ilk, U% CITY COUNCIL SPEAKER CARD Date: 07109-10d" / Item #' Name:- -b 1 6J ltd_, GQ L. Address: 2-7b Phone: / +7n Z�v 7 00,6 TOPIC: Brief Summary of Comments: See Reverse -> I See Reverse -> CITY COUNCIL SPEAKER CARD 6 Date: Item #- Name: r Address: A Phone- 7 {�_77� :,.. TOPIC:- Brief Summary of Comments: CITY COUNCIL SPEAKER CARD )ate: �- �' "0 F I`te�m #• Jame• �lG1��12L� �' (�}.,� IBC Wdress• /6-;AO 'hone: F0PIC.� %� /4 I �?� T/ 3rief Summary of Comments: .,1P Lr,7— % See Reverse -4 CITY COUNCIL SPEAKER CARD U vii Date -713105 Item #: A:P- Name: rsaP!" G`ir =t� Address: Phone: ° TOPIC: l , a . i + V ^? `� �o t � %� �, % ed Brief Summary of Comments: 0 0 t 5d r �= F{ o t o t-1 c See Reverse --> Cl Y COUNCIL SPEAKER CARD Date- � � Item i �' p? � Name: Address: Phone: S� — TOPIC: ~ i Brief Summary of Comments: d`l) s P See Reverse --> �0"NGRT tARk ig 62 CALIFORtWP CITY OF ROHNERT PARK MEETING MINUTES FOR: SPECIAL MEETINGIWORK SESSION Rohnert Park City Council June 10, 2008 Tuesday The City Council of Rohnert Park met this date for a Special Meeting/Work Session to commence at 4:30 p.m. at the Rohnert Park City Hall, 6750 Commerce Boulevard, Rohnert Park, with Mayor Mackenzie presiding. SPECIAL MEETING/WORK SESSION Call to Order: Mayor Mackenzie called the Special Meeting /Work Session to order at 4:30 p.m. Roll Call: Breeze, Smith, Stafford, Vidak - Martinez, Mackenzie Staff present for all or part of the Regular Session: City Manager Donley, City Attorney Kenyon, Assistant City Manager Schwarz, Director of Administrative Services Lipitz, Accounting Manager Orme, Director of Public Safety Bullard, Public Safety Commander Frazer, Director of Public Works /City Engineer Jenkins, Performing Arts Manager McDougall, Office Assistant II Kelez, Performing Arts Specialist Abravaya, Performing Arts Technical Director Hansen, Recreation Services Manager Miller, Deputy City Clerk Griffin, and Videographer Beltz. 1. UNSCHEDULED PUBLIC APPEARANCES /COMMENTS: Len Carlson, resident of Rancho Grande, expressed concern regarding his inability to document water conservation efforts due to a lack of submetering at said mobilehome park. Council CONCURRED to refer the matter of mobilehome park submetering to the next Water Subcommittee meeting for recommendations for future Council consideration. 2. WORK SESSION ITEMS FOR REVIEW, DISCUSSION, AND /OR DIRECTION: Water Rates: Director of Administrative Services Lipitz reviewed the "Proposed Water Rate" PowerPoint presentation and responded to Council questions and comments. Council CONCURRED to authorize staff to proceed with the water rate increase under the proposed time line. City Budget for Fiscal Year 2008 -2009: City Manager Donley provided a brief oral overview of the Fiscal Year 2008 -2009 budget cuts, and he responded to Council questions and comments. Public Works and Engineering: Director of Public Works /City Engineer Jenkins reviewed a June 5 "' memorandum regarding budget cuts for said department, and he responded to Council questions and comments. Council CONCURRED to support staff's recommendations regarding the budget proposals for Public Works and Engineering, with restoration of the sidewalk maintenance budget. Rohnert Park City Council SPECIAL MEETING Minutes (2 of 2) June 10, 2008 Peforming Arts Center (PAC): Performing Arts Manager McDougall DISTRIBUTED AND REVIEWED a summary of the PAC budget, and she responded to Council questions and comments. Council Members Smith and Breeze, and Mayor Mackenzie, noted support for the fifteen (15) percent reduction budget proposal, while Council Member Vidak - Martinez and Vice Mayor Stafford noted support for the ten (10) percent budget reduction proposal. Council CONCURRED to apply the $50,000 gift from the Rohnert Park trust toward capital improvements. Public Safety: Public Safety Commander Frazer reviewed a June 4 "' memorandum regarding budget cuts for said department, and he responded to Council questions and comments. Council CONCURRED to support staffs recommendations regarding the budget proposals for Public Safety, with the exception of pulling one of the traffic officers for patrol. Recreation Services: Recreation Services Manager Miller DISTRIBUTED AND REVIEWED a budget summary, and he responded to Council questions and comments. Council CONCURRED to support staff's recommendations regarding the budget proposals for Recreation Services. City Manager Donley indicated that the above -noted budget cuts are temporary measures to address the current budget shortfall. Furthermore, he stated that Council will have one more Budget Work Session at the meeting of June 24 prior to adoption of the budget at the first Council meeting in July. City Council: City Manager Donley reviewed a May 27`x' memorandum regarding the budget cuts for City Council, and he responded to Council questions and comments. Council Members, with the exception of Council Member Breeze, expressed support for staff's recommendations for reductions in the travel and meeting budget. Council Member Breeze suggested a fifty (50) percent reduction while still maintaining representation at the regional level for legislative and budgetary advocacy. ADJOURNMENT: There being no further business, Mayor Mackenzie adjourned the Special Meeting/Work Session at 6:40 p.m. *Katy Leonard Certified Shorthand Reporter C.S.R. 11599 *(Minutes written in absentia) Jake Mackenzie Mayor City of Rohnert Park ,O}LNERT PnR� 19 ,. CITY OF ROHNERT PARK CONCURRENT MEETING MINUTES FOR: City Council Community Development Commission Rohnert Park Financing Authority June 10, 2008 Tuesday The Concurrent Meetings of the City of Rohnert Park for the City Council, the Community Development Commission and the Rohnert Park Financing Authority met this date for a Regular Meeting to commence at 6:00 p.m. at the Rohnert Park City Hall, 6750 Commerce Boulevard, Rohnert Park, with Mayor Mackenzie presiding. REGULAR MEETING Call to Order: Mayor Mackenzie called the Regular Meeting to order at 7:06 p.m. Roll Call: Breeze, Smith, Stafford, Vidak - Martinez, Mackenzie Staff present for all or part of the Regular Meeting: City Manager Donley, City Attorney Kenyon, Assistant City Manager Schwarz, Director of Administrative Services Lipitz, Director of Public Works /City Engineer Jenkins, Senior Planner Rich, Interim Housing and Redevelopment Manager Babonis, Deputy City Engineer Barnes, Public Works /Engineering Project Manager Chung, Deputy City Clerk Griffin, and Videographer Beltz. PLEDGE OF ALLEGIANCE: Mayor Mackenzie led the Pledge of Allegiance. 1. MAYOR'S PRESENTATIONS: Introduction of New Employee: Director of Public Works /City Engineer Jenkins introduced Johnny Chung, Project Manager, Public Works /Engineering. 2. UNSCHEDULED PUBLIC APPEARANCES /COMMENTS: None. 3. CONSENT CALENDAR: Council Member Breeze signified removal of the City Council Portion of the Regular Concurrent Meetings minutes — May 27, 2008. Council Member Smith signified removal of Resolution 2008- 85. City of Rohnert Park CONCURRENT MEETINGS Minutes (2 of 10) June 10, 2008 for City Council /Community Development Commission / Rohnert Park Financing Authority 2. Approval of City Bills /Demands for Payment in the amount of $2,502,373.16 3. Resolutions for Adoption: 2008 -81 Calling for Sealed Bids for the Copeland Creek Bike Path Project, City Project No. 2006 -11 2008 -82 Calling for Sealed Bids for the Highway 101 & Wilfred Avenue Interchange Water System Valve Relocation, City Project No. 2006 -17 2008 -83 Extending Bid Opening for Park Cleaning Services 2008 -84 Approving Job Description and Salary Range for Supervising Maintenance Worker and Authorizing Recruitment for the Position Upon MOTION by Council Member Smith, seconded by Council Member Vidak- Martinez, and UNANIMOUSLY APPROVED, reading was waived, and the Consent Calendar, with the exception of City Council Portion of Regular Concurrent Meetings — May 27, 2008, and Resolution No. 2008 -85, was UNANIMOUSLY ADOPTED. Items for consideration: 1. Approval of Minutes for: City Council Portion of Regular Concurrent Meetings — May 27, 2008 Item 15, page 9: Council Member Breeze amended the language at the end of the sentence to read that she supports the motion because the direction is in keeping with the spirit of the "partnership between the City and the Tribe with the added bonus of benefitting a local nonprofit." Upon MOTION by Council Member Breeze, seconded by Council Member Smith, the City Council Portion of Regular Concurrent Meetings — May 27, 2008, were UNANIMOUSLY APPROVED AS AMENDED. 2008 -85 Recognizing Santa Rosa Mayor Bob Blanchard's Public Service Council Member Smith commented on the sad occasion of Mayor Bob Blanchard's resignation due to terminal cancer. FOR THE RECORD, Mayor Mackenzie read an invitation to the Santa Rosa City Council meeting on June 17"' to share good wishes towards Mayor Blanchard, with acceptance by his daughter, Cameron. Mayor Mackenzie stated that Vice Mayor Stafford will present the City's resolution for Mayor Blanchard on his behalf as he will be out of the State at that time, and he briefly discussed some of his personal knowledge of Mayor Blanchard's attributes. Upon MOTION by Council Member Smith, seconded by Council Member Breeze, and UNANIMOUSLY APPROVED, reading was waived and Resolution 2008 -85 was ADOPTED. City of Rohnert Park CONCURRENT MEETINGS Minutes (3 of 10) June 10, 2008 for City Council /Community Development Commission / Rohnert Park Financing Authority 4. STADIUM AREA MASTER PLAN (5900 LABATH AVENUE): Consideration of Certification of the Environmental hnpact Report (EIR), a General Plan Amendment and a Rezoning (Stadium Area Master Plan - Final Development Plan) to permit up to 338 residential units and 140,000 square feet of commercial over 29.8 acres (File No.: PL2004- 063EIR, GPAM, RZ (FDP)) : 1. Staff Report: Senior Planner Rich reviewed the contents of the Staff Report via a PowerPoint presentation. She referred Council to the revised version of Resolution No. 2008 -86. Anders Hauge and Gauge Brueck of Hauge Brueck Associates reviewed the FIR process and the Final EIR via a PowerPoint presentation. Staff responded to Council questions and comments. 2. PUBLIC HEARING: Mayor Mackenzie opened the Public Hearing at 7:44 p.m. Richard Armerding SUBMITTED and read a prepared statement requesting that space for a church be included in said project. Dawna Gallagher spoke in opposition to said project due to demands on water supply, as well as traffic and public safety concerns. Christopher Costin, attorney for the project applicant, expressed support for adoption of the Stadium Area Master Plan. Mayor Mackenzie closed the Public Hearing at 8:02 p.m. 3. Resolution for Adoption: 2008 -86 Certifying the Final Environmental Impact Report that Was Prepared for the Stadium Area Master Plan; Located at 5900 Labath Avenue, APNs 143 -040- 116 and -117 (Part); File No. P12004- 063EIR Upon MOTION by Council Member Vidak - Martinez, seconded by Council Member Breeze, and UNANIMOUSLY APPROVED, reading was waived and Resolution No. 2008 -86 was ADOPTED. 4. Resolution for Adoption: 2008 -87 Approving the Amendments to the Land Use Map of the General Plan for Property Located at 5900 Labath Avenue; File No. PL2004- 063GPA - APN'S 143- 040 -116 and -117 (part) (Redwood Equities, LLC) Council Member Smith expressed his concerns with the wording of the agreement and the suitability of the project for the site, and he stated that he will be voting against said resolution. Upon MOTION by Council Member Vidak - Martinez, seconded by Council Member Breeze, and APPROVED 4 -1 with Council Member Smith dissenting, reading was waived and Resolution No. 2008 -87 was ADOPTED. City of Rohnert Park CONCURRENT MEETINGS Minutes (4 of 10) June 10, 2008 for City Council /Community Development Commission / Rohnert Park Financing Authority 5. Resolution for Adoption / Ordinance for Introduction: Waive Further Reading and Introduce Ordinance No. 799 by Reading Title: No. 799 Amending the Official Zoning Map and Adopting a Final Development Plan (Stadium Area Master Plan) for Property Located at 5900 Labath Avenue; APNs 143 - 040 -116 and - 117(part) - File No. PL2004 -063RZ and PL2004- 063PD (Redwood Equities, LLC) Council Member Smith reiterated his concerns, and he stated that he will be voting against said ordinance. Upon MOTION by Council Member Vidak- Martinez, seconded by Vice Mayor Stafford, and APPROVED 4 -1 with Council Member Smith dissenting, reading was waived and Ordinance No. 799 was INTRODUCED BY ROLL CALL VOTE. RECESS: Mayor Mackenzie declared a recess at 8:30 p.m. RECONVENE: Mayor Mackenzie reconvened the frill Council at 8:38 p.m. 5. LIVING WAGE: Consideration of a Living Wage Presentation by Ben Boyce of the Living Wage Coalition: 1. Presentation: Assistant City Manager Schwarz reviewed the contents of the Staff Report. Ben Boyce, Executive Director, New Economy Working Solutions, made a presentation regarding adoption of a living wage ordinance, and he responded to Council questions and comments. 2. Public Comments: Valerie Sherron spoke in favor of having the City produce a fiscal impact report for a Living Wage Ordinance, noting the benefit to young people, women, and minorities. Jennifer Dawes spoke in favor of having the City produce a fiscal impact report for a Living Wage Ordinance, noting the benefit to women and minorities. 3. Council discussion /direction: FOR THE RECORD, Council Member Smith stated that the push for a living wage is a roughly 100- year -old movement started by the Progressives, and he read an excerpt from "Confession of Faith" by Theodore Roosevelt, delivered August 6, 1912, as follows: "We stand for a living wage. Wages are subnormal if they fail to provide a living for those who devote their time and energy to industrial occupations. The monetary equivalent of a living wage varies according to local conditions, but must include enough to secure the elements of a normal standard of living — a standard high enough to make morality possible, to provide for education and recreation, to care for immature members of the family, to maintain the family during periods of sickness, and to permit of reasonable saving for old age." Council Member Smith urged Council support for a fiscal impact report. City of Rohnert Park CONCURRENT MEETINGS Minutes (5 of 10) June 10, 2008 for City CouncillCommunity Development Commission/Rohnert Park Financing Authority Council Members Smith and Vidak - Martinez, and Mayor Mackenzie CONCURRED to direct staff to request a presentation at a future Council meeting by representatives of the U.C. Berkeley Goldman School for Public Policy regarding a proposal for fiscal impact report to be prepared by them. 6. COUNCIL BENEFITS AND TRAVEL POLICY: Consideration of Council Benefits and Travel Policy: 1. Staff Report: Assistant City Manager Schwarz reviewed the contents of the Staff Report, and staff responded to Council questions and comments. 2. Public Comments: None. 3. Council direction: Council CONCURRED to direct staff to develop a City Council Unit and return to Council with proposals that would: (1) tie active health premiums to the Management Unit; and (2) tie retiree health to the Management Unit and /or allow exiting Council Members to participate in the City's health plans at the expense of the Council Member. Furthermore, Council directed no changed to the Reimbursement Policy as outlined in Resolution No. 2006- 206. FOR THE RECORD, Council Member Breeze stated that given the current fiscal situation, there are aspects of the Reimbursement Policy, Resolution No. 2006 -206, that should be borne by the individual Council Member, specifically attendance at educational seminars designed to improve officials' skills and information levels and promotion of public service and morale by recognizing such service. 7. NOVEMBER 2008 ELECTION MATTERS: A. Consideration of Calling and Giving Notice of the Holding of a General Municipal Election for the Election of Three Officers for Four -Year Terms and Requesting that the County of Sonoma Conduct the Election: 1. Staff Report: City Manager Donley reviewed the contents of the Staff Report. 2. Public Comments: None. 3. Resolution for Adoption: 2008 -89 Calling and Giving Notice of the Holding of a General Municipal Election to Be Held on Tuesday, November 4, 2008 for the Election of Certain Officers and Requesting that the County Of Sonoma Conduct the Election Upon MOTION by Vice Mayor Stafford, seconded by Council Member Breeze, and UNANIMOUSLY APPROVED, reading was waived and Resolution No. 2008 -89 was ADOPTED. City of Rohnert Park CONCURRENT MEETINGS Minutes (6 of 10) June 10, 2008 . for City Council /Community Development Commission /Rohnert Park Financing Authority B. Consideration of Adopting Regulations for Candidates of Elective Office Pertaining to Candidates' Statements: Random Selection of Disqualified Council Member: The following Council Members stated the reasons for their disqualification: Council Member Smith stated that he may run for re- election. Council Member Vidak- Martinez and Mayor Mackenzie stated that they intend, respectively, to run for re- election. Mayor Mackenzie was randomly selected by a draw of straws to participate in consideration of adopting regulations for candidates of elective office. Council Members Smith and Vidak - Martinez left the chambers for the consideration of and vote on Resolution 2008 -90. 2. Disclosure of Potential Conflict: As noted above, Mayor Mackenzie's intention to run for re- election. 3. Staff Report: City Manager Donley reviewed the contents of the Staff Report. 4. Public Comments: None. 5. Resolution for Adoption: 2008 -90 Adopting Regulations for Candidates for Elective Office Pertaining to Candidates' Statements Upon MOTION by Council Member Breeze, seconded by Vice Mayor Stafford, and APPROVED 3 -0 -2 with Council Members Smith and Vidak- Martinez abstaining, reading was waived and Resolution No. 2008 -90 was ADOPTED. Council Members Smith and Vidak - Martinez returned to the chambers 8. WATER CONSERVATION MEASURES: Informational Report regarding Voluntary Water- Saving Measures in Response to a Request by Sonoma County Water Agency due to a Dry Spring Season 1. Staff Report: Director of Public Works /City Engineer Jenkins reviewed the contents of the Staff Report, and he responded to Council questions and comments. 2. Public Comments: Dawna Gallagher DISTRIBUTED AND REVIEWED an Open Space, Water Resource Protection and Land Use (O.W.L.) Foundation report with area maps outlining the sinking of Rohnert Park due to excessive groundwater pumping. 3. Council discussion: Brief Council discussion with staff concluded with no action taken. INFORMATIONAL ITEM ONLY. City of Rohnert Park CONCURRENT MEETINGS Minutes (7 of 10) June 10, 2008 for City CouncillCommunity Development Commission /Rohnert Park Financing Authority 9. AB 2175 (LAIRD) — AMENDMENTS TO THE STATE WATER CODE RELATING TO WATER CONSERVATION: Consideration of Supporting Amendments to AB 2175: 1. Mayor's Report: Mayor Mackenzie commented on Council's previous direction at the May 27, 2008 meeting to send letters of opposition and the subsequent proposed amendments to AB 2175. 2. Public Comments: None. 3. Council discussion /concurrence: Director of Public Works /City Engineer Jenkins responded to Council questions and comments. Council CONCURRED to send letters in support of AB 2175 once said bill is amended to reflect zero reduction for use of less than 150 gallons per capita per day. 10. COUNCIL COMMITTEE AND /OR OTHER REPORTS: 1. Water Issues Subcommittee meeting, 5/28: Mayor Mackenzie and Vice Mayor Stafford indicated that said meeting was previously covered during the discussion of water rates during the Special Meeting /Work Session. 2. Association of Bay Area Governments (ABAG) Regional Planning Committee meeting, 6/4: Mayor Mackenzie provided a brief report on said meeting. 3. Russian River Watershed Association Board of Directors meeting, 6/5: Mayor Mackenzie and Vice Mayor Stafford provided a brief report. 4. Sonoma County Transportation Authority meeting, 5/9: Mayor Mackenzie provided a brief report. 5. Other informational reports, if any: Councilmember Smith: Northern Station 2 Barbecue for Ted Giesige, 5/28; Rohnert Park Chamber of Commerce Noon Times, 6/4; Bay Area Local Elected Officials Leadership Forum, 6/5 -6/6 (JM /TS). Other reports, if any: Dedication of Crescent Park Apartments in Richmond, 6/10; Bay Area Air Quality Management District meeting; Filipino - American Association of Rohnert Park picnic. Council Member Breeze: Other reports, if any: None. Council Member Vidak- Martinez: League of California Cities North Bay Division Mayors & Councilmembers Academy Executive Forum, 6/4 -6/7. Other reports, if any: League of California Cities "Community Entrepreneurship: A Grassroots Approach to Add Vitality" (DISTRIBUTED materials); League of California Cities "Gang and Violence Prevention" (DISTRIBUTED materials); meeting with Mayor Mackenzie, City Manager Donley, Assistant City Manager Schwarz, and PG &E representatives, 6/9. Vice-Mayor Stafford: Rohnert Park Chamber of Commerce Noon Times, 6/4. Other reports, if any: Project Graduation, 6/6; Burn Foundation North Bay Relay. City of Rohnert Park CONCURRENT MEETINGS Minutes (8 of 10) June 10, 2008 for City Council /Community Development Commission / Rohnert Park Financing Antlaority Mayor Mackenzie: Northern Station 2 Barbecue for Ted Giesige, 5/28; North Coast Water Board meeting, 5/29; State Water Board meeting, 6/3; Bay Area Local Elected Officials Leadership Forum, 6/5 -6/6. Other reports, if any: None. 11. COMMUNICATIONS: Council Member Smith called attention to Mayor Mackenzie's letter to the North Coast Regional Water Quality Control Board (NCRWQCB) regarding Rancho Verde Flood Protection Maintenance. Council Member Vidak - Martinez called attention to a letter from Neighbors Organized Against Hunger (NOAH) regarding food distributions at the Southwest Fire Station. Vice Mayor Stafford called attention to a newsletter from the Local Government Commission that signifies Sonoma Mountain Village as a zero - carbon development. City Attorney Kenyon clarified that The Community Voice's petition for designation as a newspaper of general circulation within the City of Rohnert Park allows the newspaper to be used for legal advertising. 12. MATTERS FROM/FOR COUNCIL: 1. Calendar of Events: Document provided in Council agenda packets. A. Sonoma County Mayors' and Councilmembers' Association Meeting, Sonoma Mountain Village (6/12): Mayor Mackenzie ANNOUNCED the upcoming Mayors' and Councilmembers' Association meeting at Sonoma Mountain Village on Thursday, June 12. B. Council Meetings Scheduled on Holidays - Council consideration to change 2008 regular City Council meeting dates due to holidays as follows: California Admission Day on September 9 "' Veterans Day on November I 1 "' Council CONCURRED to direct staff (1) to reschedule the September 9t" and November 11 "' meetings, and (2) to return with proposed dates for Council consideration. 2. City Council Agenda Forecast: Document provided in Council agenda packets. 3. Other informational items, if any: None. 13. CITY MANAGER'S /CITY ATTORNEY'S REPORTS: 1. Other informational items, if any: City Manager Donley stated that the Smoking Ordinance update would be corning before Council for consideration in the near fixture. 14. PUBLIC COMMENTS: None. City of Rohnert Park CONCURRENT MEETINGS Minutes (9 of 10) June 10, 2008 for City CouiicillCommunity Development CommissionlRohnert Park Financing Authority ADJOURNMENT: Mayor Mackenzie adjourned the City Council meeting at 10:47 p.m. to consecutively and separately convene the meetings of the Community Development Commission and the Rohnert Park Financing Authority. MINUTES FOR THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK Tuesday, June 10, 2008 Call to Order: 10:47 p.m. Roll Call: Breeze, Smith, Stafford, Vidak - Martinez, Mackenzie Also present: Executive Director Donley, General Counsel Kenyon, Assistant Executive Director Schwarz, Deputy Secretary Griffin, and Videographer Beltz Unscheduled public appearances: None. 1. CDC CONSENT CALENDAR: Approval of Meeting Minutes for: CDC Portion of Regular Concurrent Meetings — May 27, 2008 2. Approval of CDC Bills /Demands for Payment in the amount of $18,653.82. Upon MOTION was made by Commissioner Vidak - Martinez, seconded by Commissioner Breeze, to approve the Consent Calendar. After the motion, reading was waived, and the CDC Consent Calendar, as outlined in the agenda, was UNANIMOUSLY APPROVED. 2. ADJOURNMENT: There being no further business, Chairperson Mackenzie adjourned the CDC meeting at 10:48 p.m. MINUTES FOR THE ROHNERT PARK FINANCING AUTHORITY Tuesday, June 10, 2008 Call to Order: 10:48 p.m. Roll Call: Breeze, Smith, Stafford, Vidak- Martinez, Mackenzie Also present: Executive Director Donley, General Counsel Kenyon, Assistant Executive Director Schwarz, Deputy Secretary Griffin, and Videographer Beltz Unscheduled public appearances: None. ;ity of Rohnert Park CONCURRENT MEETINGS Minutes (10 of 10) June 10, 2008 for City Council /Community Development Commission /Rohnert Park Financing Authority 1. RPFA CONSENT CALENDAR: 1. Approval of Minutes for: RPFA Portion of Regular Concurrent Meetings — May 27, 2008 Upon MOTION by Member Breeze, seconded by Member Vidak - Martinez, the RPFA Consent Calendar, as outlined in the agenda, was UNANIMOUSLY APPROVED. 2. ADJOURNMENT: There being no further business, Chairperson Mackenzie adjourned the meeting of the RPFA at 10:49 p.m. *Katy Leonard Certified Shorthand Reporter C.S.R. 11599 *(Minutes written in absentia) Jake Mackenzie Mayor City of Rohnert Park ?,1ANERT Pil /th. 19 6z Ch LIFORNI CITY OF ROHNERT PARK CONCURRENT MEETING MINUTES FOR: City Council Community Development Commission June 24, 2007 Tuesday The Concurrent Meetings of the City of Rohnert Park for the City Council and the Community Development Commission met this date for a Regular Meeting to commence at 6:00 p.m. at the Rohnert Park City Hall, 6750 Commerce Boulevard, Rohnert Park, with Mayor Mackenzie presiding. REGULAR MEETING Call to Order: Mayor Mackenzie called the Regular Meeting to order at 6:00 p.m. Roll Call: Smith, Stafford, Vidak - Martinez, Mackenzie Absent: Breeze (excused) Staff present for all or part of the Regular Meeting: City Manager Donley, City Attorney Kenyon, Assistant City Manager Schwarz, Director of Public Safety Bullard, Fire Commander Rosevear, Senior Planner Rich, Interim Housing and Redevelopment Manager Babonis, Housing and Development Assistant Goodman, Deputy City Clerk Griffin, and Videographer Beltz. CLOSED SESSION Mayor Mackenzie adjourned Council to Closed Session at 6:02 p.m. to discuss Litigation Matters as outlined in the agenda. CITY COUNCIL REGULAR SESSION Call to Order: Mayor Mackenzie called the Regular Meeting to order at 6:36 p.m. PLEDGE OF ALLEGIANCE: Mayor Mackenzie led the Pledge of Allegiance. MAYOR'S REPORT ON CLOSED SESSION: Mayor Mackenzie stated that there was no reportable action taken on either litigation matter. City of Rohnert Park CONCURRENT MEETING Minutes (2 of 7) June 24, 2008 ,for City Council /Community Development Commission / Rohnert Park Financing Authority 2. MAYOR'S PRESENTATIONS: a. Mayor's Presentation of a Proclamation Recognizing Public Safety Officer Jim Brady: Mayor Mackenzie stated that Officer Brady is unable to attend tonight's meeting due to his service on a fire line. b. New Fire Commander: Director of Public Safety Bullard shared introductory comments for new Public Safety Fire Commander, Jack Rosevear. Fire Commander Rosevear provided an update regarding current firefighting activities. Council Members extended welcoming comments. c. Mayor's Presentation of Proclamation Recognizing Minutes Recorder Katy Leonard: Mayor Mackenzie read a proclamation commending Ms. Leonard for her years of service to the Council, and Council Members extended comments of appreciation. 3. UNSCHEDULED PUBLIC APPEARANCES /COMMENTS: Dawna Gallagher shared comments about closed- session reporting protocol, and she noted her opposition with respect to an amendment to the Official Zoning Map for the Final Development Plan for the Stadium Area Master Plan. 4. CONSENT CALENDAR: Council Member Smith signified removal of Resolution No. 2008 -95. 1. Approval of City Bills /Demands for Payment in the amount of $2,441,101.30 2. Resolutions for Adoption: 2008 -91 Making a Determination of Public Necessity and Convenience for Hampton Inn and Suites at 6248 Redwood Drive (APN 143 - 391 -092) 2008 -92 Authorizing and Approving a Memorandum of Understanding Regarding Sonoma -Marin Saving Water Partnership 2008 -93 Authorizing the Expenditure of Funds Prior to the Adoption of the Fiscal Year 2008 -2009 Municipal Budget 2008 -94 Establishing the Appropriations Limit for the City Of Rohnert Park for the 2008 -09 Fiscal Year Pursuant to Article XIH B of the California Constitution Upon MOTION by Council Member Smith, seconded by Council Member Vidak- Martinez, and APPROVED 4 -0 -1 with Council Member Breeze absent, reading was waived, and the Consent Calendar, with the exception of Resolution No. 2008 -95, was ADOPTED. Item for consideration: 2008 -95 Recognizing and Honoring Michael Bracewell for His Dedicated Service as Interim Public Works Manager City of Rohnert Park CONCURRENT MEETING Minutes (3 of 7) June 24, 2008 for City CouncillCommunity Development Commission/Rohnert Park Financing Authority Council Member Smith commended Mr. Bracewell for his service as Interim Public Works Manager, and Council Members shared additional comments of appreciation. Upon MOTION by Council Member Smith, seconded by Council Mayor Mackenzie, and APPROVED 4 -0 -1 with Council Member Breeze absent, reading was waived and Resolution 2008 -95 was ADOPTED. 5. STADIUM AREA MASTER PLAN (5900 LABATH AVENUE): Consideration of a Rezoning (Stadium Area Master Plan - Final Development Plan) to permit up to 338 residential units and 140,000 square feet of commercial over 29.8 acres (File No.: PL2004- 063EIR, GPAM, RZ (FDP)): 1. Staff Report: Senior Planner- Rich reviewed the contents of the Staff Report. 2. Public Comments: Dawna Gallagher expressed concerns about moving forward with the Stadium Area Master Plan given the current water shortage. 3. Ordinance for Adoption: Waive Further Reading and Adopt Ordinance by Reading Title: No. 799 Amending the Official Zoning Map and Adopting a Final Development Plan (Stadium Area Master Plan) for Property Located at 5900 Labath Avenue; APNs 143 - 040 -116 and - 117(part) - File No. PL2004 -063RZ and PL2004- 063PD (Redwood Equities, LLC) Council Member Smith referred to his previous remarks regarding said ordinance, and lie stated that he will be voting against it. Upon MOTION by Council Member Vidak - Martinez, seconded by Vice Mayor Stafford, and APPROVED 3 -1 -1 with Council Member Smith dissenting and Council Member Breeze absent, reading was waived and Ordinance No. 799 was ADOPTED BY ROLL CALL VOTE. 6. FIVE -YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET: Consideration of Adoption of the Five -Year Capital Improvement Program (CIP) Budget for 2008- 2013 and Approval of Projects for Fiscal Year 2008 -2009: 1. Staff Report: Deputy City Engineer Barnes reviewed the contents of the Staff Report, and he responded to Council questions and comments. 2. Public Comments: Victoria Hopkins asked Council to consider a Holly -Fauna footbridge. City of Rohnert Park CONCURRENT MEETING Minutes (4 of 7) June 24, 2008 for City Council /Community Development Commission / Rohnert Park Financing Authority 3. Resolution for Adoption: 2008 -96 Adopting the Five -Year Capital Improvements Program for Fiscal Year 2008 - 2009 through Fiscal Year 2012 -2013 and Approving Projects for Fiscal Year 2008 -2009 Council CONCURRED to direct staff to prepare a resolution for the Consent Calendar for the July 8"' Council meeting, to include the following revisions: (1) Rename the Public Safety Bay Realignment Project; (2) Push back TR 59 and TR 60 (Seed Farm Drive) to 2012 -2013; Bring forward TR 67 (Holly -Fauna Bike Bridge) to 2009 -2010; Move forward project scoping for WW -08 (Sewer Rehab — Old Pipeline to Santa Rosa). 7. COUNCIL COMMITTEE AND /OR OTHER REPORTS: 1. Mayors' and Councilmembers' Association meeting, 6/12: Mayor Mackenzie provided a brief report of said meeting on behalf of himself and Council Members Smith and Vidak- Martinez. 2. Waste & Recycling Subcommittee meeting, 6/13: Council Member Smith provided a brief report of said meeting. 3. Sonoma County Waste Management Agency meeting, 6/18: Council Member Smith provided a brief report of said meeting. 3. Other informational reports, if any: Councilmember Smith: 2008 Economic Briefing Breakfast: Recovery or Recession, 6/20; Jewish Community Free Clinic Open House, 6/22. Other reports, if any: Mayors' and Councilmembers' Association Lunch meeting, 6/13. Council Member Breeze: Other reports, if any: Absent. Council Member Vidak - Martinez: Tribute to Bob Blanchard, 6/17. Other reports, if any: Santa Rosa Gang Prevention Task Force meeting, 6/18; Sonoma Mountain Business Cluster Seminar, 6/18; Tour of new City Hall, 6/20; Jewish Community Free Clinic Open House Event, 6/22. Vice - Mayor Stafford: Tribute to Bob Blanchard, 6/17; Welcoming the Native Daughters of the Golden West — Annual Grand Parlor meeting, 6/19; Jewish Community Free Clinic Open House (6/22). Other reports, if any: Ribbon Cutting for Armstrong Chiropractice; Harassment Training; Senior Center Choir Performance. Mayor Mackenzie: Other reports, if any: Sonoma County Water Agency Board of Directors meeting, 6/24; meeting with Pete Parkinson regarding Santa Rosa Plain Conservation Strategy Implementation Plan, 6/24. 8. COMMUNICATIONS: Council Member Smith SUBMITTED for posting and distribution a flyer for a "Foreclosure Prevention Workshop" on Saturday, July 19, 2008 in Santa Rosa. Council Member Smith called attention to a letter from Alex Padilla, Senator, 20'x' District, regarding Menu Labeling as a Potential Strategy for Combating the Obesity Epidemic. Council CONCURRED to agendize said matter for consideration at a future Council meeting. City of Rohnert Park CONCURRENT MEETING Minutes (5 of 7) June 24, 2008 _ for City Council /Community Development Commission /Rohnert Park Financing Authority Mayor Mackenzie SUBMITTED for distribution (1) a letter from David Lee at DK Landscaping, Inc. regarding assistance with a City event; (2) an invitation to a luncheon for the Conservation Corps North Bay (CCNB) on June 27"', 2008; (3) a letter inviting the Mayor to speak at the Opening Ceremony of the Relay for Life 2008 event on June 28 -29, 2008; (4) a copy of the Mayor's letter to Robert E. Anderson, Chair, North Coast Regional Water Quality Control Board (NCRWQCB), dated June 10, 2008, regarding flooding at Rancho Verde Mobilellome Park; (5) and a letter from Carole Migden, Senator, Third Senate District, dated June 13, 2008, regarding Assembly Bills 2153 and 2175. Mayor Mackenzie also called attention to two upcoming events, a biking event at Sonoma Mountain Village and the City's Community Workshop on Sustainability on June 28 "'. 9. MATTERS FROM /FOR COUNCIL: 1. Calendar of Events: Document provided in the Council agenda packets. A. Council Meetings Scheduled on Holidays - Council consideration of rescheduling regular meeting dates that fall on September- 9"' (California Admission Day) and November I l"' (Veterans Day): Mayor Mackenzie explained the need to change the meeting dates. Council discussion /direction /action: Council CONCURRED to reschedule the September 9"' meeting to September 8"', and the November l P" meeting to November 12`x'. 2. City Council Agenda Forecast: Document provided in the Council agenda packets. At the suggestion of Council Member Smith, Council CONCURRED to agendize, for the July 8"' meeting, a proclamation honoring Bob Jelin, longtime Cloverdale City Council Member, on the occasion of his retirement. At the suggestion of Council Member Vidak - Martinez, Council CONCURRED to agendize, for the July 8 "' meeting, consideration of Rohnert Park becoming a member of Santa Rosa's Gang Prevention Task Force. Council Member Vidak- Martinez commented on the failing health of former Rohnert Park mayor, Jimmie Rogers. At her suggestion, Council CONCURRED to agendize, for the July 8°i meeting, recognition of the contributions of Mr. Rogers. Mayor Mackenzie SUBMITTED a request for designation of voting delegates and alternates at the League of California Cities Annual Conference. Mayor Mackenzie noted his receipt of an invitation from the Federated Indians of Graton Rancheria (FIGR) for a tribal picnic, and he stated his intention to attend said event. 3. Other informational items, if any: None. 10. CITY MANAGER'S /CITY ATTORNEY'S REPORTS: 1. Other informational items, if any: City Manager Donley DISTRIBUTED and reviewed documents regarding expansion of the Santa Rosa Subregional System and the City of Santa Rosa's agreement with Calpine to increase water pumped to they Geysers. 11. PUBLIC COMMENTS: None. City of Rohnert Park CONCURRENT MEETING Minutes (6 of 7) June 24, 2008 for City CouncillCommunity Development Commission /Rohnert Park Financing Authority ADJOURNMENT: Mayor Mackenzie adjourned the City Council meeting at 8:25 p.m. to consecutively and separately convene the meetings of the Community Development Commission and the Rohnert Park Financing Authority. MINUTES FOR THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK Tuesday, June 24, 2008 Call to Order: 8:47 p.m. Roll Call: Smith, Stafford, Vidak - Martinez, Mackenzie Absent: Breeze (excused) Also present: Executive Director Donley, General Counsel Kenyon, Assistant Executive Director Schwarz, Interim Housing and Redevelopment Manager Babonis, Housing and Development Assistant Goodman, Deputy Secretary Griffin, and Videographer Beltz Unscheduled public appearances: None. RECESS: Mayor Mackenzie declared a recess at 8:26 p.m. RECONVENE: Mayor Mackenzie reconvened the Council at 8:29 p.m. with the exception of Council Member Breeze. 1. CDC WORK SESSION: Work Session Item for review, discussion, and /or direction: CDC Budget for Fiscal Year 2008 -2009: Interim Housing and Redevelopment Manager Babonis and Housing and Development Assistant Goodman reviewed the contents of the Staff Report via a PowerPoint presentation, and they responded to Council questions and comments. Council provided DIRECTION as follows: (1) Continue Sonoma County Adult and Youth Development ( SCAYD) Rental Assistance for Sonoma Grove for one more year, and then discontinue funding thereafter; (2) Request a written report from SCAYD regarding the metrics of funding for homeless services; (3) Review the use of redevelopment monies to meet the goal for reduction of greenhouse gas emissions. Furthermore, Council CONCURRED to support a reimbursement program agreement to fund the Public Safety Bay Realignment Project in Fiscal Year 2008 -2009. 2. CDC CONSENT CALENDAR: Approval of CDC Bills /Demands for Payment in the amount of $29,866.29 City of Rohnert Park CONCURRENT MEETING Minutes (7 of 7) June 24, 2008 . for City CouncillCommunity Development CommissionlRohnert Park Financing Authority 2. Resolution for Adoption: 2008 -08 Authorizing the Expenditure of Funds Prior to the Adoption of the Fiscal Year 2008 -2009 Community Development Commission Budget Upon MOTION was made by Commissioner Smith, seconded by Commissioner Vidak- Martinez, to approve the Consent Calendar. After the motion, reading was waived, and the CDC Consent Calendar, as outlined in the agenda, was APPROVED 4 -0 -1 with Commissioner Breeze absent. 3. ADJOURNMENT: There being no further business, Chairperson Mackenzie adjourned the CDC meeting at 9:03 p.m. ROHNERT PARK FINANCING AUTHORITY Tuesday, June 24, 2008 Rohnert Park Financing Authority regular meeting CANCELLED due to lack of business. *Katy Leonard Certified Shorthand Reporter C.S.R. 11599 *(Minutes written in absentia) Jake Mackenzie Mayor City of Rohnert Park CITY OF ROHNERT PARK BILLS FOR APPROVAL July 8, 2008 Check # 178911 - 179261 Dated June 19 - July 2, 2008 Council: X Miscellaneous Communications Agenda: 718108 X 712/08 -TG Copy to: $2,057,996.00 TOTAL $2,057,996.00 ' O O.�Ohrt0 O:h Oet�tt•ttt Ott N O ;000OOOMM Nd0000) 00 O r M t'M M Mt0• co h O'd'00000000OOOOr le r000OOM WOrt0 N N OCDO OOO rt0sttttOO r N tp OO O O O O NB)ettt MOOOOMOO MNMrt0Ot0T7Iq R W Ot7ONOOOOOOO V h O rOOh0w00 � NrOr h N. N 0 LO CD 00 Co r -tn Cl) W.Ln N r LO '0) Ih 0 0 0 0 0 0 (D V) t0 to 0) O O O to M.r C, h M N M co t+iN M C.'. 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E N -o a) T _m 'N a) L 0 O ° c N a) O L� 'L O Q .� -C i � L N a) -p � O a) uj - a) i v O C -F5 LL a) W Y Q o CD a) M L .Q a) U- Q" a) CL a) O _ a) o 4_ chi " o cu C U N o V Q v- ° N --• con a C a) o C CO cu L -a > a) p a) > L :6 O c Q) o 0 a) C '� Y (D O a) N Y Q� O 3� i—� C J 0 U a) U �r c) O_ > co ° o Lu N C7 N Cr cw W W o W W 0 E _ W 0 UO R c- Z .."'C._.. 0 O N O ca N W LUa O Q O Q 0 L a) U _T U co T H U) w H a Y Q O � T w Z � _ N O a U LL- O O �- Y Resolution No. 2008 -98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK Recognizing and Honoring ROBERT "BOB" JEHN UPON HIS RESIGNATION FROM THE CLOVERDALE CITY COUNCIL WHEREAS, Robert "Bob" Jelin served on the Cloverdale City Council for the last 15 years — with 4 terms as Mayor; and WHEREAS, he is a visionary and passionate man who fights tirelessly for the betterment of the environment, the economy, and transportation; and WHEREAS, as a respected businessman, Bob recognized that high wages and good benefits were essential to creating a thriving community and pursued businesses with diverse, environmentally - friendly industries and encouraged the tourism market; and WHEREAS, environmental protection — including rivers, drinking water, and clean energy - and a goal of leaving this earth in good condition for his children and grandchildren, are high priorities for Bob. He is a strong supporter of rail and other alternative transportation projects to get traffic off our roads, thus his involvement and leadership in the North Coast Railroad Authority, SMART, and SCTA; and WHEREAS, Bob also found time to help develop the Community Partnership Program which reaches out to at -risk youth and families and a Sonoma County Cities /Schools Partnership. He supported legislation beneficial to seniors and worked closely with Visiting Home Care and the Council on Aging; and WHEREAS, some of Bob's successes include the downtown transformation, opening of Furber Park, the River Park Project, a new Senior Center, and restoration of the Historical Society Museum. He also made sure that Cloverdale got its fair share of funding for transportation, parks, other vital projects, WHEREAS, Bob, as a member of the Board of Directors and past chairman of the League of CA Cities, rolled up his sleeves and tackled the issue of overhauling the fiscal relationship between state and local governments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park, that we thank you for your example, your leadership, and for your willingness to address issues that affect all of our communities. Best wishes for you and Nancy. CITY OF ROHNERT PARK ATTEST: Jake Mackenzie, Mayor City Clerk Moraine Associates 128 North Cloverdale Boulevard CA Lic.#OE44224 Cloverdale, CA 95425 INSURANCE SERVICES Mailing Address: P.O. Box 423 Robert Jahn, Agent Cloverdale California 95425 CA Uc.#0696864 Telephone 707.894.9550 Fax 707 8949019 Nancv Jehn. Agent CA info@mcxaineassoc.00m CA l k.#0826020 www.moraineassoc corn June 24, 2008 Jessalee Raymond, Mayor City of Cloverdale 124 North Cloverdale Boulevard Cloverdale CA 95425 Dear Mayor Raymond, it is with very mixed feelings that I submit my resignation as a member of the city council of the City of Cloverdale effective July 4, 2008. It has been my honor to serve the people of this city as one of their representatives in municipal government for almost fourteen years.. Regrettably, the demands of my business have become such that I am not able to dedicate the time the citizens of our community deserve and need to the job of city council member. Serving the people of Cloverdale has produced some of the most gratifying and memorable moments of my life, and-I am pleased with the community we have created together. i am confident you will all continue the rk we h ve begun in fulfilling our goal of making Cloverdale the best place on the planet to live, work and lay. 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N Q N 2 Q) = i _ > _ _ = 3 O o O '0 3 CL 3� uo 3� 3a z2 Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2 °d & 4`h Tuesdays of each month: Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via email for review and approval as to form DUE no later than NOON Three (3) Mondays prior to Council meeting date Agenda Items w /attachments via email and hard copy to City Clerk DUE no later than NOON Two (2) Mondays prior to Council meeting date Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday morning One (1) week prior to Council meeting date Agenda Packets distributed to City Council and Agendas posted /distributed /mailed on Wednesday afternoon One (1) week prior to Council meeting date in compliance with Rohnert Park Municipal Code Section 2.08.050 {This section for City Clerk Use Only} RESO. NO. 2008-103 Council: X Valley Slurry Seal Company Miscellaneous American Asphalt Repair & Resurfacing Co. $ 670,503.05 Communications $ 749,436.92 Ghilotti Bros., Inc. Agenda: 718108 X 7/2/08 -TG Copy to: CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: July 8, 2008 Department: Engineering Department Submitted By: Patrick Barnes, Deputy City Engineer Submittal Date: July 1, 2008 Agenda Title: Award of Contract for the 2008 Various Streets Surface Repairs Project No. 2007 -13 Requested Council Action: Accept the bids and consider awarding contract for the 2008 Various Streets Surface Repairs Project #2007 -13 to Valley Slurry Seal Company for the amount of $655,260.00 and approve and adopt the final plans and specifications for the project. Summary: The City of Rohnert Park has various streets in need of rehabilitation. The work for this project includes grinding and patching deteriorated roadway areas, crack sealing, and slurry sealing roadway surfaces including Country Club between RPX and Golf Course, Golf Course between Country Club and Hillview, and various roadway surfaces in M section. City Council approved the authorization for sealed bids on May 27, 2008. Bids were solicited through builders exchanges and construction trades publications, as well as posted in a general circulation newspaper per requirements of the Public Contracts Code. Bid opening was held on July 1, 2008, and four (4) bids were received. The City Engineering Department determined that Valley Slurry Seal Company was the lowest responsible & responsive bidder. A summary of the bids is shown in the table below: Company Bid Amount Valley Slurry Seal Company $ 655,260.00 American Asphalt Repair & Resurfacing Co. $ 670,503.05 California Pavement maintenance Company Inc. $ 749,436.92 Ghilotti Bros., Inc. $ 767,264.27 The engineer's estimate for the project was approximately $550,000. The difference between the low bid & the engineer's estimate is due to escalating oil prices; Slurry seal, asphalt overlay & crack fill materials are all derivatives of oil. The work will be primarily funded by the Local Gas Tax, Measure M (Local Streets and Road), and Prop. 42. Enclosures: Resolution, Contract 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:C�onsent Item ( ) Regular Time Approval () Public Hearing Required ( Not Recommended ( ) Submitt — with Comment ( ) Policy Determination by Council ( ) City Comments: 2 Ao, rity Manager's Signature: Date: (Revised 010507 JH:TG- :OS-b RESOLUTION NO. 2008-103 A RESOLUTION OF THE CITY COUNCIL OF ROHNERT PARK APPROVING AND ADOPTING THE PLANS & SPECIFICATIONS FOR THE 2008 VARIOUS STREETS SURFACE REPAIRS PROJECT, PROJECT NO. 2007-13 AND AWARDING THE CONTRACT TO VALLEY SLURRY SEAL COMPANY WHEREAS, the plans and specifications for the 2008 Various Streets Surface Repairs Project ( "Project ") were designed by City Rohnert Park Engineering Department and approved by the City Engineer; 2008; WHEREAS, the Project was advertised for bids and bids were opened on July 1, WHEREAS, four (4) bids were received; and WHEREAS, the City Engineering Department determined that Valley Slurry Seal Company was the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that the plans and specifications for the 2008 Various Streets Surface Repairs Project are approved and adopted. BE IT FURTHER RESOLVED that the bids for the 2008 Various Streets Surface Repairs Project are accepted, and the contract is awarded to Valley Slurry Seal Company for the amount of $655,260.00. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the contract upon approval by the City Attorney as to format; and is also authorized to approve cumulative contract change orders up to ten percent (10 %) of the value of the original contract. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 81h day of July, 2008. CITY OF ROHNERT PARK Mayor ATTEST: City Clerk DRAFT CONTRACT 2008 VARIOUS STREETS SURFACE REPAIRS PROJECT NO. 2007 -13 THIS AGREEMENT, made and entered into this 81h day of July, 2008, by and between Valley Slurry Seal Company hereinafter called "Contractor ", and the City of Rohnert Park, hereinafter called "City ". WITNESSETH: WHEREAS, the City Council of said City has awarded a contract to Contractor for performing the work hereinafter mentioned in accordance with the sealed proposal of said Contractor. NOW, THEREFORE, IT IS AGREED, as follows: 1. Scope of Work: The Contractor shall perform all the work and furnish all the labor, materials, equipment and all utility and transportation services required to complete all of the work of construction and installation of the improvements more particularly described in the Resolution adopted by the City Council of said City on July 8, 2008, the items and quantities of which are more particularly set forth in the Contractor's bid therefore on file in the office of the City Clerk, except work done or to be done by others. 2. Time of Performance and Liquidated Damages: The Contractor shall begin work within fifteen (15) calendar days after official notice by the City Engineer to proceed with the work and shall diligently prosecute the same to completion within 90 calendar days of that Notice. In the event the Contractor does not complete the work within the time limit so specified or within such further time as said City Council shall have authorized, the Contractor shall pay to the City liquidated damages in the amount of six hundred fifty dollars ($650.00) per day for each and every day's delay in finishing the work beyond the completion date so specified. Additional provisions with regard to said time of completion and liquidated damages are set forth in the specifications, which provisions are hereby referred to and incorporated herein by reference. 3. Pa. ments: Payments will be made by City to the Contractor for said work performed at the times and in the manner provided in the specifications and at the unit prices stated in Contractor's bid. The award of the contract is for a total amount of $655,260.00. 4. Component Parts: This contract shall consist of the following documents, each of which is on file in the office of the City Clerk and all of which are incorporated herein and made a part hereof by reference thereto: a) This Agreement b) Notice Inviting Sealed Proposals C) Instruction and Information to Bidders d) Accepted Proposal e) Faithfid Performance Bond f) Labor and Material Bond g) Special Provisions h) Standard Specifications i) Design Standards 5. Wage Scale: Pursuant to Section 1773 of the Labor Code of the State of California, the City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holidays and overtime work for each craft, classification, or type of workman required to execute the contract. A copy of said prevailing rate of per diem wages is on file in the office of the City Clerk, to which reference is hereby made for further particulars. Said prevailing rate of per diem wages will be made available to any interested party upon . request, and a copy thereof shall be posted at the job site. The provisions of Article 2, Chapter 1, Part 7, Division 2 (commencing with Section 1770) of the Labor Code and particularly Section 1775 thereof, shall be complied with. Notice is hereby given that, pursuant to Section 1773.8 of the Labor Code of the State of California that the payment of travel and subsistence payments to each workman needed to execute the work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this section of the Labor Code. Notice is hereby given that, pursuant to Section 1776(g) of the Labor Code of the State of California that the Contractor shall make available as required in this Section of the Labor Code certified payroll records and that penalties for violation of the section may be enforced. 6. Hours of Labor: The Contractor shall forfeit, as penalty to said City, Twenty -five Dollars ($25.00) for each workman employed in the execution of the contract by him or by any subcontractor, for each calendar day during which any workman is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, in violation of the provisions of Article 3, Chapter 1, Part 7, Division 2 (commencing with Section 1810) of the Labor Code of the State of California. 7. Apprentices: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the rules and procedures of the California Apprenticeship Council, properly indentured apprentices shall be employed in the prosecution of the work. The ratio of apprentices to journeymen who shall be employed in the respective crafts or trades may be the ratio stipulated in the apprenticeship standards under which the appropriate joint apprenticeship committee operates. In no event shall the ratio be less than one apprentice for each five journeymen unless a certificate of exemption has been issued by the Division of Apprenticeship Standards. Willful failure by the Contractor to comply with said Section 1777.5 shall result in his being denied the right to bid on a public works contract for a period of six months from the date the determination is made. Information relative to number of apprentices, identifications, wages, hours of employment and standards of working conditions shall be obtained from the Director of the Department of Industrial Relations, who is the Administrative Officer of the California Apprenticeship Council. 8. Labor Discrimination: Attention is directed to Section 1735 of the Labor Code, which reads as follows: "No discrimination shall be made in the employment of persons upon public works because of race, color, national origin or ancestry, religion, or handicap of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." 9. Workmen's Compensation Insurance: In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the Contractor is required to secure the payment of compensation to his employees and shall for that purpose obtain and keep in effect adequate Workmen's Compensation Insurance. The undersigned Contractor is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workmen's compensation or to undertake self - insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this contract. 10. Indemnify: To the fullest extent permitted by law, Contractor shall indemnify, hold harmless, release and defend City, its officers, elected officials, employees, consultants and volunteers from and against any and all actions, claims, demands, damages, disability, losses, expenses including, but not limited to, attorney's fees and other defense costs and liabilities of any nature that may be asserted by any person or entity including Contractor, in whole or in part, arising out of Contractor's activities hereunder, including the activities of other persons employed or utilized by Contractor in the performance of this Agreement excepting liabilities due to the active negligence of the City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Contractor under Worker's Compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Contractor and shall continue to bind the parties after termination/completion of this Agreement. 11. Attorneys Fees: In the event either party hereto shall commence any legal action or procedure, including an action for declaratory relief, against the other, by reason of the alleged failure of the other to perform or keep any term, covenant, or condition of this contract by it to be performed or kept, the party prevailing in said action or proceeding shall be entitled to recover, in addition to its court costs, a reasonable attorneys fee to be fixed by the court, and such recovery shall include court costs and attorneys fees on appeal, if any. 12. Substitution of Securities for Withheld Amounts: Pursuant to California Public Contracts Code Section 22300, securities may be substituted for any moneys withheld by a public agency to ensure performance under a contract. At the request and sole expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the public agency, or with a state or federally chartered bank as the escrow agent, who shall pay such moneys to the Contractor upon satisfactory completion of the contract. Securities eligible for substitution under this section shall include those listed in the California public Contracts (ANA, Section 22300 or bank vt 1U1-60 UAAU'1VU3A 0�0JA LAAAlialliJ VA UIiiJV JAI. The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. Any escrow agreement entered into pursuant to this section shall contain as a minimum the following provisions: a. The amount of securities to be deposited; b. The terms and conditions of conversion to cash in case of the default of the Contractor; and C. The termination of the escrow upon completion of the contract. IN WITNESS WHEREOF, the City of Rohnert Park has caused these presents to be executed by its officers, thereunto duly authorized, and Contractor has subscribed same, all on the day and year first above written. CITY OF ROHNERT PARK City Manager Date Per Resolution No. 2008 - adopted by the Rohnert Park City Council at its meeting of July 8, 2008. ATTEST: City Clerk VALLEY SLURRY SEAL COMPANY (Name) (Name) APPROVED AS TO FORM: City Attorney Date Date Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2 "d & 0 Tuesdays of each month: Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via email for review and approval as to form DUE no later than NOON Three (3) Mondays prior to Council meeting date Agenda Items w /attachments via email and hard copy to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting date Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday morning One (1) week prior to Council meeting date Agenda Packets distributed to City. Council and Agendas posted /distributed/mailed on Wednesday afternoon One (1) week prior to Council meeting date in compliance with Rohnert Park Municipal Code Section 2.08.050 {This section for City Clerk Use Only) RESO. NO. 2008-104 Council: X Miscellaneous Communications Agenda: 718108 X 712/08 -TG Copy to: CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: July 8, 2008 Department: Administration — City Clerk Submitted By: Judy Hauff, City Clerk Submittal Date: July 2, 2008 Agenda Title: SEWER RATES INITIATIVE Requested Council Action: (1) Receive the City Clerk's Certificate of Sufficiency; and (2) Order and Set Deadline for Presentation of Impact Report Pursuant to Elections Code section 9212 Summary: City Clerk's Certification On June 5, 2008, proponents Cheryl A. Fonseca, John F. Hudson, and Harry G. Worthington timely filed with the City Clerk's Office an initiative petition entitled, "Initiative to Reduce City of Rohnert Park's Current Sewer Service Rates to Rates in Effect on January 1, 2006." Once filed, the City Clerk has 30 days, Saturdays, Sundays and holidays excepted, in which to verify the signatures on the petition. Pursuant to Article XIIIC, Section 3 and Article II, Section (b) of the California Constitution, this initiative petition qualifies for the required number of signatures to be five percent (5 %) of the 12,769 ballots cast by Rohnert Park registered voters in the last gubernatorial election held November 7, 2006, which is a total of 639 signatures (rounded up to the nearest full percent). Following the City Clerk's prima facie review, the initiative petition was forwarded to the Sonoma County Clerk and Registrar of Voters for signature verification. The City Clerk has received the results of the signature verification from the Sonoma County Clerk and Registrar of Voters and is now required to notify the proponents as to the petition's sufficiency and certify the results of the signature verification to the City Council at its next regular meeting. (Elections Code section 9114). The results of the signature verification are set forth in the attached certificate by the City Clerk. Based on these results, the City Clerk certifies that the petition meets the 5% valid signature requirement of ballots cast in the last gubernatorial election. Therefore, the petition qualifies to be placed on the ballot at the next regular municipal election. The City Clerk recommends that the City Council receive the City Clerk's Certificate of Sufficiency of an Initiative Petition. Presentation of Impact Report Pursuant to Elections Code section 9215, the Council must select one of the following options following the Council's receipt of the City Clerk's Certificate of Sufficiency: 1. Adopt the proposed initiative without change either at the meeting at which the certification of the petition is presented or no later than 10 days thereafter. 2. Order the measure to be set on the ballot at the next regular municipal election occurring in not less than 88 days; 3. Order an impact report pursuant to Elections Code section 9212. This report must be presented within the time prescribed by the Council, but not later than 30 days after the meeting at which the certification of the petition is presented. At its meeting on February 26, 2008, the City Council considered whether to request an impact report pursuant to Elections Code section 9212. The Council, by motion, directed staff to begin preparation of an impact report to cover all potential impacts, including the health and safety implications of an under- funded sewer system infrastructure. The Council directed that the report be prepared for distribution as soon as legally possible but did not specify a date certain for presentation of the impact report. The City Clerk recommends that the Council order an impact report and determine a date certain for its presentation, in accordance with Elections Code section 9212. Presentation of the impact report must occur on or before Thursday, August 7, 2008, to meet the 30 -day requirement. When the impact report is presented to the Council, the Council is required to either adopt the proposed initiative within 10 days, or order the election. The deadline for submission of ballot measures to the Sonoma County Registrar of Voters for the November 4, 2008, election is August 8, 2008. Enclosures: Resolution and Certificate of Sufficiency County Clerk's Certificate to Initiative Petition Minutes of February 26, 2008, City Council Meeting Elections Code sections 9114, 9212, and 9215 CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney. CITY MANAGER'S RECOMMENDATION: ( ) Consent Item Regular Time -(*")'Approval () Public Hearing Required ( ) Not Recommended () Submitted with Comment ( ) Policy Determination bby Council ( ) City Comments: City Manager's Signature: _ Date: (Revised 01 -0507) JH.TG- S:05 -b RESOLUTION NO. 2008 -104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK RECEIVING THE CITY CLERK'S CERTIFICATE OF SUFFICIENCY OF INTITIATIVE PETITION WHEREAS, on June 5, 2008, proponents Cheryl A. Fonseca, John F. Hudson, and Harry G. Worthington filed with the City Clerk of the City of Rohnert Park ( "City Clerk ") an initiative petition entitled, "Initiative to Reduce City of Rohnert Park's Current Sewer Service Rates to Rates in Effect on January 1, 2006 "; WHEREAS, pursuant to Article XIIIC, Section 3 and Article II, Section (b) of the California Constitution, this initiative petition must contain 639 valid signatures, which is 5% of the ballots cast in the last gubernatorial election held on November 7, 2006; WHEREAS, pursuant to Elections Code section 9114 the City Clerk has conducted an examination of the petition and has determined that the petition meets the 5% valid signature requirement; and WHEREAS, the City Clerk certified the results of the examination to the City Council as set forth in the attached City Clerk's Certificate of Sufficiency of Initiative Petition. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby receive the City Clerk's certification of the results of the examination of the petition as presented to the City Council on July 8, 2008. DULY AND REGULARLY ADOPTED this 8th day of July, 2008. CITY OF ROHNERT PARK Mayor ATTEST: City Clerk APPROVED AS TO FORM: ssistant City Attorney CITY CLERK'S CERTIFICATE OF SUFFICIENCY OF INITIATIVE PETITION Initiative Petition entitled "Initiative to Reduce City of Rohnert Park's Current Sewer Service Rates to Rates in Effect on January 1, 2006. I, JUDY HAUFF, CITY CLERK OF THE CITY OF ROHNERT PARK, CALIFORNIA, DO HEREBY CERTIFY THAT SAID PETITION IS SUFFICIENT FOR THE FOLLOWING REASONS: Pursuant to Article XIIIC, Section 3 and Article II, Section (b) of the California Constitution, this initiative petition qualifies for the required number of signatures to be five percent (5 %) of the ballots cast by Rohnert Park registered voters in the last gubernatorial election held November 7, 2006. 2. The number of ballots cast in the last gubernatorial election (November 7, 2006) according to the Sonoma County Statement of Votes dated November 27, 2006, was 12,769. 3. The number of signatures needed to qualify this proposed initiative for a regular election was at least 5% of the ballots cast in the last gubernatorial election or 639. 4. The results of signature verification by the office of the Sonoma County Clerk and Registrar of Voters are as follows: Total Number of Unverified Signatures Filed 1,048 Total Number of Signatures Verified 793 Total Number of Signatures Found Sufficient 664 Total Number of Signatures Not Found Sufficient 129 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this 30th dav-QLhme, 2008. NNERT p,;,, CITY OF ROHNERT PARK Clerk - Recorder - Assessor ,www.sonoma-county.org/cra CLERK'S CERTIFICATE TO INITIATIVE PETITION REGISTRAR OF VOTERS DIVISION P.0— Box 11485 435 Fiscal Dr. Santa Rosa, CA 95406 Tel: (707) 565 -6800 Toll Free (CA only): (800) 750-VOTE Fax: (707) 565 -6843 I, JANICE ATKINSON, SONOMA COUNTY CLERK AND REGISTRAR OF VOTERS, COUNTY OF SONOMA, STATE OF CALIFORNIA, HEREBY CERTIFY: That the Initiative to Reduce City of Rohnert Park's Current Sewer Service Rates to Rates in Effect on January 1. 2006. Initiative petition was received by our office on June 6. 2008. Said petition consists of 109 sections; That each section contains signatures purporting to be the signatures of qualified electors in the City of Rohnert Park, County of Sonoma; That attached to each section of this petition at the time it was filed was an affidavit purporting to be the affidavit of the person who solicited the signatures, and containing the dates between which the purported qualified electors signed this petition; That the affiant stated his or her own qualification, that he or she had solicited the signatures upon that section, that all of the, signatures were made in his or her presence, and that to the best of his or her knowledge and belief each signature to that section was the genuine signature of the person whose name it purports to be; That I verified the required number of signatures by examining the records of registration in this county, current and in effect at the respective purportive dates of such signing to determine what number of qualified electors signed the petition, and from that examination I have determined the following facts regarding this petition: 1) Number of unverified signatures filed by proponent (raw count) 1,048 2) Number of verified signatures 793 a) Number of signatures found sufficient 664 b) Number of signatures found not sufficient 129 (1) Not sufficient because duplicate 7 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this 18th day of June, 2008. JANICE ATKINSON SONOMA COUNTY CLERK & REGISTRAR OF VOTERS BY: ' 1.10 b� R a aac}t , Deputy Debra Russotti, Deputy Petition Result Breakdown CMR040 - Petition Result Breakdown Page 1 of I rinted: 6/18/2008 9:29:05AM Signatures Required 639 Raw Count 1,048 Sample Size 1,048 Percent of Percent of Sigs Checked 793 Sigs Checked Sample Size Sigs Not Checked 255 24.3% Sigs Valid 664 83.7% 63.4% Sigs Invalid 129 16.3% 12.3% Duplicated 7 1.0% 0.7 % Non-duplicate Invalids 122 15.0% 11.6% I SIMEMI- I Approved Approved 664 83.7% NotReg Not Registered 69 8.7% OutOfDist Out of District 6 0.8% Duplicate Signed more than once 7 0.9% RegLate Registered Late 8 1.0% RegDiffAdd Registered at a Different Address 17 2.1% Cantldntfy Cannot Identify 1 0.1% NoResAdd No Residence Address Given 2 0.3% NoSig No Signature 1 0.1% PrintedSig Printed Signature 1 0.1% SigNoMatch Signatures Don't Match 17 2.1% CMR040 - Petition Result Breakdown Page 1 of I rinted: 6/18/2008 9:29:05AM California Elections Code 9114. Except as provided in Section 9115, within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, the elections official shall examine the petition, and from the records of registration ascertain whether or not the petition is signed by the requisite number of voters. A certificate showing the results of this examination shall be attached to the petition. In determining the number of valid signatures, the elections official may use the duplicate file of affidavits maintained, or may check the signatures against facsimiles of voters' signatures, provided that the method of preparing and displaying the facsimiles complies with law. The elections official shall notify the proponents of the petition as to the sufficiency or insufficiency of the petition. If the petition is found insufficient, no further action shall be taken. However, the failure to secure sufficient signatures, shall not preclude the filing of a new petition on the same subject, at a later date. If the petition is found sufficient, the elections official shall certify the results of the examination to the board of supervisors at the next regular meeting of the board. 9212. (a) During the circulation of the petition, or before taking either action described in subdivisions (a) and (b) of Section 9214, or Section 9215, the legislative body may refer the proposed initiative measure to any city agency or agencies for a report on any or all of the following: (1) Its fiscal impact. (2) Its effect on the internal consistency of the city's general and specific plans, including the housing element, the consistency between planning and zoning, and the limitations on city actions under Section 65008 of the Government Code and Chapters 4.2 (commencing with Section 65913) and 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. (3) Its effect on the use of land, the impact on the availability and location of housing, and the ability of the city to meet its regional housing needs. (4) Its impact on funding for infrastructure of all types, including, but not limited to, transportation, schools, parks, and open space. The report may also discuss whether the measure would be likely to result in increased infrastructure costs or savings, including the costs of infrastructure maintenance, to current residents and businesses. (5) Its impact on the community's ability to attract and retain business and employment. (6) Its impact on the uses of vacant parcels of land. (7) Its impact on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization. (8) Any other matters the legislative body requests to be in the report. (b) The report shall be presented to the legislative body within the time prescribed by the legislative body, but no later than 30 days after the elections official certifies to the legislative body the sufficiency of the petition. 9215. If the initiative petition is signed by not less than 10 percent of the voters of the city, according to the last report of registration by the county elections official to the Secretary of State pursuant to Section 2187, effective at the time the notice specified in Section 9202 was published, or, in a city with 1,000 or less registered voters, by 25 percent of the voters or 100 voters of the city, whichever is the lesser number, the legislative body shall do one of the following: (a) Adopt the ordinance, without alteration, at the regular meeting at which the certification of the petition is presented, or within 10 days after it is presented. (b) Submit the ordinance, without alteration, to the voters pursuant to subdivision (b) of Section 1405, unless the ordinance petitioned for is required to be, or for some reason is, submitted to the voters at a special election pursuant to subdivision (a) of Section 1405. (c) Order a report pursuant to Section 9212 at the regular meeting at which the certification of the petition is presented. When the report is presented to the legislative body, the legislative body shall either adopt the ordinance within 10 days or order an election pursuant to subdivision (b). ' City Council meeting 7 -8 -08 6:OOpm ve in global, national, state, and local level issues. To be passive may be misread as agreement. Today I am concerned locally with my RP utility bill, which is one of my highest monthly bills. I'm concerned with the RP community, such as seniors and disabled folks who are on fixed incomes. I'm a Rohnert Park citizen that thinks the city council's sewer rates are ill advised, because: 1) I don't support Socialized Development: The RP agenda Resolution No. 2005 -139 states that RP sewer rates will be reimbursed only 25% from developers (which will be funded by a community facilities district) while the remaining 75% will have to be paid by RP citizens. 2) Your Ordinance No. 774 states that RP sewer rates will increase yearly at the same percentage as Santa Rosa's (a city 4.5 times larger than RP). 3) Why are we paying for larger pipes that are extending to the West Side of RP for future development (like the Crusher's stadium, which may be used for affordable housing for Casino employees. Or the North East Side of RP, Canyon Manor's development, where a new house pops up every month.) 4) I would like to see RP's sewer financial records — show me the specific numbers of revenue and expenses: clearly separating maintenance from expansion. 5) I wanted to point out that I noticed Ordinance No. 774 states that sewer funds can ONLY be used for sewer services (not police, schools, parks, etc.). 6) Signatures of 1000 people represent your constituents. According to Democracy we deserve to be heard. Don't use a filibuster and stall our initiative from making it to the November ballot. The people have a right to vote on it! Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2nd & 4ffi 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} RESO. NO. 2008-105 Council: X Miscellaneous Communications Agenda: 718108 X 7 /2108 -TG Copy to: CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: July 8, 2008 Department: Administration Submitted By: Dan Schwarz, Assistant City Manager (Name & Title) Submittal Date: July 2, 2008 Agenda Title: Council Benefits Requested Council Action: Adopt attached resolution approving an outline of fringe benefits for members of the City Council. Summary: At its June 10, 2008 meeting, the Council discussed various issues and options relating to the benefits extended to its members. Per direction from the Council, staff recommends adoption of the attached resolution approving an Outline of Fringe Benefits for Members of the City Council. The proposed Outline creates a benefits package for Councilmembers that is tied to benefits received by employees in the Management Unit. The benefits package proposed for Councilmembers elected after July 8, 2008 is: Councilmembers are eligible for the following fringe benefits: Medical and Health Coverage, Dental Coverage, Vision Coverage, Deferred Income, Retirement Program (CalPERS), Retiree Medical (Defined Contribution), Counseling Services, and Use of City Facilities. • Councilmembers shall receive the enumerated fringe benefits at the contribution levels and in the manner prescribed in the Outline of Certain Conditions of Employment, Fringe Benefits, and Salary Adjustments for the Management Unit. (One exception concerning Retiree Medical is discussed below.) Changes to the Management Unit benefits will automatically be incorporated into the Council benefit package. Upon retirement from office, Councilmembers shall have the option to participate, at their expense, in the City's medical, dental, and vision programs. (This benefit is currently available to Councilmembers seated between November 10, 1992 and January 8, 2002. Refer to the discussion below for explanation.) Medical Benefits upon Retirement Council directed staff to review two issues relating to medical benefits upon retirement from the Council. The first issue is whether retired Councilmembers should be able to participate in the City's medical insurance plans. In researching this matter, staff discovered that such a benefit was previously extended Council Benefits July 8, 2008 Page 2 , to Councilmembers. Resolution 92 -181, adopted on November 10, 1992, discontinued the payment of medical insurance premiums for retired Councilmembers and their dependents. It also stated that "City Councilpersons ,who complete at least one full four (4) [year] term and who agree to pay the full cost of all premiums for benefits selected shall have the right to continue health benefits after completion of a full term or after retirement from City service." Resolution 2002 -07. adopted on January 8, 2002, eliminated all references to benefits for retired Councilmembers seated after November 10, 1992. Based on the City's past interpretation and practice with respect to Council benefits, those Councilmembers seated between November 10, 1992 and January 8, 2002 vested to the benefit in question — the option to participate, at the retired Councilmember's expense, in the City's medical, dental, and vision programs. The attached, draft resolution would reinstate this benefit for Councilmembers seated after July 8, 2008. The second issue referred to staff concerns extending the City's retiree medical program to Councilmembers. During the most recent bargaining period, the City and employee units agreed that new hires would not be allowed to participate in the City's defined benefit program for retiree medical (the payment of a percentage of monthly medical premiums for life). Instead, new hires participate in the City's defined contribution program. To maintain consistency with the fringe benefits given to the Management Unit, staff recommends Councilmembers be allowed to participate in the defined contribution program. However, one change is proposed to better conform the benefit to the terms of office held by Councilmembers. Under the defined contribution program, for each month that an employee works for Rohnert Park, a contribution (currently $75) is made to a retirement health savings account. If the employee works 10 consecutive years for the City, he or she vests to the account. Staff proposes that the vesting condition for Councilmembers be defined as having served two full terms. It should be noted that current councilmembers must serve two full terms subsequent to the adoption of the attached resolution in order to vest to this benefit. Fiscal Impact: Net fiscal impact to the General Fund cannot be determined. There will be a decreased cost associated with medical insurance premiums as councilmembers assume a share of the premium. There will be an increased cost associated with the defined contribution program, though the General Fund will see those monies returned if a councilmember does not vest to the benefit. Enclosures: Draft resolution and outline. Resolution No. 2002 -07 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 Approval () Public Hearing Required ( ) Not Recommended () Submitted with Comment ( ) Policy Determination by Council ( ) City Comments: h44C §ty Manager's Signature: ap�� Date: (Revised 2806) - S:05 -b RESOLUTION NO. 2008-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AN OUTLINE OF FRINGE BENEFITS FOR MEMBERS OF THE CITY COUNCIL WHEREAS, at its June 10, 2008 meeting, the City Council reviewed the fringe benefits offered to its members; WHEREAS; the City Council wishes to adopt an Outline of Fringe Benefits for its members consistent with the form used for the City's Management Unit; WHEREAS, the City Council further wishes to conform its benefits to those provided to the Management Unit; and WHEREAS, the City Council acknowledges its obligations toward current and former Councilmembers, as established in Resolution 2002 -07, Resolution 92 -181, Resolution 90 -212, and Resolution 89 -117. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that the Outline of Fringe Benefits for Members of the City Council dated July, 2008, attached hereto, is hereby approved. DULY AND REGULARLY ADOPTED this 8" day of July, 2008. CITY OF ROHNERT PARK Mayor ATTEST: City Clerk OUTLINE OF FRINGE BENEFITS FOR MEMBERS OF THE CITY COUNCIL JULY 8, 2008 This Outline is a document that describes fringe benefits for members of the City Council. 1. Fringe Benefit Administration Fringe Benefit Administration - City reserves the right to select the insurance carrier(s) or to self - administer any of the fringe benefit programs provided during the term of this outline. In the event that any offered health plan is no longer offered, the City agrees to provide a suitable replacement health plan that is substantially comparable. All benefits provided under this Outline are subject to the characteristics of each individual benefit program. The value or availability of the benefits provided in this Outline as originally worded or as amended from time to time may depend on their tax treatment by the State or Federal government or the decisions of other government agencies or departments, such as, but not limited to, the California Public Employees' Retirement System (CaIPERS). The City will endeavor to obtain the most favorable treatment legally possible from these other governmental entities. However, the City makes no representation concerning the value of such benefits to unit members or how they will be taxed or otherwise treated by other agencies or departments. The City's obligations under this Outline are limited to the direct cost of providing the salary and benefits as described in this Outline. The City shall have no additional financial obligation, even if the tax or other treatment of such salary or benefits by other agencies or departments reduces or eliminates their value to the Councilmember. 2. Medical and Health, Dental, and Vision Coverage Councilmembers shall be extended medical and health, dental, and vision coverage in the same manner as members of the Management Unit. Accordingly, Councilmembers will have those options and benefit levels described in the Outline of Certain Conditions of Employment, Fringe Benefits, and Salary Adjustments for the Management Unit in effect available to them. The City's contributions toward these benefits shall be at the levels and in the manner described in the Outline of Certain Conditions of Employment, Fringe Benefits, and Salary Adjustments for the Management Unit in effect. Councilmembers' medical and health, dental, and vision coverage shall be subject to any changes to the options and benefit levels contained in the Outline of Certain Conditions of Employment, Fringe Benefits, and Salary Adjustments for the Management Unit. 3. Deferred Income The City will continue to make available to Councilmembers a deferred income program, administered by Nationwide and International City Management Association (ICMA) or a similar program with another institution acceptable to City. OUTLINE OF FRINGE BENEFITS FOR MEMBERS OF THE CITY COUNCIL 1 4. Retirement Program The City will continue to make available to eligible Councilmembers the California Public Employees Retirement System (CaIPERS) retirement program. There shall be no City contribution for Lounciirnerrioers toward their CaIPERS retirement program. 5. Retired Councilmembers Councilmembers sworn -in following the approval of this Outline by the City Council shall be eligible for the benefits described below. A. Retiree Health Savings Account The City will make a monthly contribution for active Councilmembers to a Retiree Health Savings Account (RHSA). The amount of this contribution shall be the same as such contribution requirement in effect for Management Unit employees as described in the Outline of Certain Conditions of Employment, Fringe Benefits, and Salary Adjustments for the Management Unit. Councilmembers' RHSAs shall be subject to any changes to the contribution level described in the Outline of Certain Conditions of Employment, Fringe Benefits, and Salary Adjustments for the Management Unit. The City's contribution to a Councilmember's RHSA shall be deemed vested as to a Councilmember leaving office after completion of two full terms. B. Participation in City's Medical and Health, Dental, and Vision Programs Councilmembers who complete at least one full term shall have the option to participate, at full cost to the Councilmember, in the City's medical and health, dental, and vision programs. 6. Counseling Services Payment by the City of any unreimbursed costs, up to a maximum City reimbursement of one thousand dollars ($1,000) per household per calendar year, for professional counseling service charges which are not paid for by City - provided or other insurance which the Councilmember may have. Services not covered by City - provided health insurance programs with a maximum calendar year benefit of one thousand dollars ($1,000) per calendar year per household. 7. Use of City Facilities A. Use of Sports Center and Lap Swimming Program Councilmembers and their spouse, domestic partner, and eligible dependents (as defined both by City eligible dependent policy and Sports Center policy), will be allowed to participate with no fee imposed in open gym time and use the weight room and locker room facility at the Sports Center when such facilities are open and also participate in the Lap Swim Program conducted at the City's swimming pools. In the event that the City determines that such use of the Sports Center by spouse, domestic OUTLINE OF FRINGE BENEFITS FOR MEMBERS OF THE CITY COUNCIL 2 partner and dependents of Councilmembers adversely impacts the public's access to the Sports Center facilities, the parties will re -open this Section. Other activities requiring payment of a fee can be discussed with the City Manager for consideration of a waiver of part or the entire fee. 8. Invalidation A. Suspension of Agreement If during the term of this Outline, any item or portion thereof of this Outline is held to be invalid by operation of any applicable law, rule, regulation, or order issued by governmental authority or tribunal of competent jurisdiction, or if compliance with or enforcement of the item or portion thereof shall be restrained by any tribunal, such provision of this Outline shall be immediately suspended and be of no effect hereunder so long as such law, rule, regulation, or order shall remain in effect. Such invalidation of a part or portion of this Outline shall not invalidate any remaining portion that shall continue in full force and effect. B. Replacement In the event of suspension or invalidation of any article or section of this Outline, City agrees, that except in an emergency situation, to arrive at a satisfactory replacement for such article or section. 9. Non - Discrimination City acknowledges that in receiving the benefits afforded by this Outline, no person shall in any way be favored or discriminated against to the extent prohibited by law because of political or religious opinions or affiliations, or because of racial or national origin, or because of age, sex or sexual preference, or physical or mental disability. Reference: City Council Resolution No. 2002 -07, A Resolution Authorizing Certain Benefits for the Rohnert Park City Council, summarizes benefits for Councilmembers sworn -in prior to July 8, 2008. City Council Resolution 2006 -206, Adopting Updated Expense Reimbursement and Use of Public Resources Policy OUTLINE OF FRINGE BENEFITS FOR MEMBERS OF THE CITY COUNCIL 3 405.20.2 RESOLUTION NO. 2002 -07 A RESOLUTION AUTHORIZING CERTAIN BENEFITS FOR THE ROHNERT PARK CITY COUNCIL WHEREAS, the Personnel Department has revised and updated an Outline of Benefits, and WHEREAS, such revision separates members of Management, members of the Confidential Group and members of City Council; and WHEREAS, the City wishes to have one document that outlines certain benefits already provided; and WHEREAS, said benefits are provided by previous City Council action. NOW, THEREFORE, BE IT RESOLVED that the following benefits are hereby approved and provided to members of the Rohnert Park City Council: ,A. MEDICAL AND HEALTH — The City shall pay medical insurance premiums for City Council members' choice of Kaiser Foundation Health Plan, Inc., California North Region (S Coverage), Health Plan of the Redwoods (Empire Plan), Blue Cross Prudent Buyer Plan or any other appropriate health plan offered by the City. The City shall pay any deductible or co- payments required by Kaiser Foundation Health Plan, Inc., California North Region (S Coverage), Health Plan of the Redwoods (Empire Plan), Blue Cross Prudent Buyer Plan for those members of the City Council in office on the date this resolution is adopted who were elected before Apri1.30, 1997. B. DENTAL COVERAGE —The City shall continue to provide, at no premium cost to City Council members, dental service coverage for City Council members and dependents on a City self - insurance basis and which for the most part, but with some exceptions, provides the following City coverage: 1. 100% of usual, customary and reasonable charges for Preventative Care, 80% of usual, customary and reasonable charges and/or 60% of prosthodontics with a calendar year maximum of $2,000. Allowable charges include nitrous oxide and fluoride sealant treatment. 2. 60% of Orthodontics with a lifetime maximum of $4,000 3. TMJ (Temporomandibular*Joint) benefit with the following terms and limits: a) Lifetime maximum TMJ benefit of $650.00 b) 50% co- payment from City Council member required c) Medical benefits would be primary d) TMJ benefits included in the $2,000 per calendar year dental maximum e) Mandatory pre - authorization required 4. No deductible on City Council members or dependents. 5. City to pay any co- payment required as a result of services provided under City - provided Dental Program. With the approval of the City Manager, the calendar year maximum benefit may be exceeded for good cause and charged against future years according to the following schedule: Years of Service Excess Yearly Maximurn Benefit to be Charged Against Future Years Up to 4 $1,000 5 to 10 $2,000 11 to 15 $4,000 16+ $6,000 Schedule of future years over which benefits are prorated shall be determined by the years remaining in the individual City Council member's term of office. In the case of City Council members who are eligible for retirement benefits, the City Manager may determine the proration schedule. If dental expenses exceed the yearly maximum benefit and the schedule above is implemented, then, the excess over that year's maximum dental shall be charged against future years' maximum. Any future year maximum that has not been used for current dental expenses shall be used to offset the amount of dental expenditures that exceeded the previous yearly maximum. If that unused future annual maximum is not sufficient to consume the entire excess, then the balance shall be carried forward to the next year's future maximum, not to exceed the number of future years remaining in the City Council members' term of office or the retired City Council members' proration schedule as determined by the City Manager. If a City Council member` terminates for any reason, other than normal retirement at age 50 or thereafter or for a" work - related disability retirement, and draws a Ca1PERS retirement benefit, the amounts charged against future years must be refunded. to City. An agreement to this effect must be executed with City Council member as a condition precedent to the City Manager's approval to exceed the calendar year maximum benefit. C. VISION CARE - The City will continue to provide, at no premium cost to City Council members, the vision care service coverage program which provides a vision care benefit to cover actual out -of- pocket costs incurred for eye examinations, treatment, or prescription eye - glasses or contact lenses for any member of City Council member's immediate family as follows: 1. Up to $400 per calendar year for each City Council members and dependent under 18 years of age. 2. Up to $400 every two- (2) calendar years for dependents 18 years or older; however, an City Council mebers' unused vision care benefit amount may be applied to his/her dependent(s) over age 18. In no event shall an individual's benefit exceed a total maximum benefit of $400 per calendar year under this section. 405.20.2 D. DEFERRED INCOME - The City will continue to make available to Council members a deferred income program, now being administered by NationalDeferred in cooperation with Washington Mutual Bank, FA and International City Management Association (ICMA), or a similar program with another institution acceptable to City. There shall be no City contribution for Council members toward their deferred income program. E. RETIREMENT PROGRAM - The City will continue to make available the California Public Employees Retirement System (Ca1PERS) retirement program to eligible City Council members. There shall be no City contribution for Council members toward their Ca1PERS retirement program. F. USE OF CITY FACILITIES — City Council members and their eligible dependents (as defined both by City eligible dependent policy and Sports Center policy), will be allowed to participate with no fee imposed in open gym time and use the weight room and locker room facility at the Sports Center when such facilities are open and also participate in the Lap Swim Program conducted at the City's swimming pools. Other activities requiring payment of a fee can be discussed with the City Manager for consideration of a waiver of part or all of the fee. G. COUNSELING SERVICES — The City shall pay any unreimbursed costs, up to a maximum City reimbursement of $1,000 per family per calendar year, for professional counseling service charges which are not paid for by City- provided or other insurance which the City Council member may have.. H. BENEFITS FOR RETIRED CITY COUNCIL MEMBERS — Resolution 90 -212 (Exhibit A) provided for the extension of certain health, medical, dental and vision benefits to retired City Council members and their spouses and/or dependents who: (a) have at least 12 years of service with the City Council or city commission, (b) retire or are not re- elected, (c) are 50 years old or more, or (d) have been covered under the city health insurance program for the three (3) years .preceding retirement or departure. The same resolution provided for payment of 50% of benefits for retired City Council members who (a) have less than 12 years but more than 8 years of service, (b) retire or are not re- elected, and who have been covered by the city's in for the three (3) years immediately preceding departure. While the provisions of Resolution 90 -212 did not require continuous years of service for coverage eligibility, Section 6.16.1 of Resolution 89-117 (Exhibit B), which refers to "Retired and/or Permanently and Totally Disabled Employees," did require at least 10 years of continuous service for Council members as for City employees. Resolution No. 92 -181 (Exhibit C) later discontinued the above- mentioned benefits for retired City Council members sworn in after November 10, 1992. A City Attorney memorandum dated December 9, 1994 gave opinion on the provisions .of this resolution, in particular concerning Councilmembers elected prior to November 10, 1992, and who qualified for retirement benefits under the provisions of Res. 90 -212 or were in the process of qualifying. The opinion was that if a Councilmember was eligible for qualification on November 10, 1992, but had not yet qualified, "his or her rights become vested subject to completion of the requirements for qualification." Therefore, the City agrees to pay the costs of insurance premiums for City - provided/offered health, medical, dental and vision benefits_ for retired City Council members who qualified, or were in the process of qualifying under the provisions of Res. 90 -212 and who were sworn in before November 10, 1992. Coverage will extend to eligible dependents. Further, for the above - described retired City Council members, the following shall apply: I. Benefits provided under this section shall be coordinated with Medi -Care, Medi -Cal, and any other welfare program available of which said benefit coverage shall be considered primary and City- provided coverage in turn considered secondary. 2. Benefits provided under this section will continue for such retired City Council member and their legal dependents, in any, while said retired City Council member is alive. In the event of the retired City Council member's death, coverage will continue for the spouse until the spouse dies or remarries. In addition, the benefits provided under this section will continue for said retired or deceased retired City Council member's legal dependent children who qualify as an Internal Revenue Service dependent until said children reach the age of twenty-three (23) or the spouse remarries, whichever occurs earliest. 3. All benefits provided under this section are subject to the characteristics of each individual benefit program. 4. The City agrees to pay premium for any future premium increases that may be necessary to maintain benefit levels in effect as when the employee retires due to regular retirement, retirement due to permanent or total disability, or death. 5. The City shall extend any and all future increases in benefit coverage to retired City Council member and their spouse/legal dependents as well as deceased Council members' spouse /legal dependents. Said benefit coverage increases shall only apply to those benefit programs to which the aforementioned parties participated in at the time of the : City Council member's retirement or death. In the event the aforementioned benefit coverage increase includes a corresponding premium increase, the increased cost for same shall be borne entirely by the retired City Council member, or spouse /legal dependent. 6. Any. retired City Council member who, after retirement from the City, becomes employed elsewhere and is covered by medical, health, dental or vision care benefits by his/her new employer, said coverage provided by the City to the retired City Council member will be considered secondary to the coverage provided by his/her new employer. His/her.new employer's coverage shall be considered primary. 7. Any spouse of a deceased City Council member or deceased retired City Council member who is receiving benefit coverage as provided under this section, becomes employed and is covered by medical, health, dental or vision care benefits by his/her employer, said coverage provided by the City will be considered secondary to the coverage provided by the spouse's employer, and his/her employer's coverage shall be considered primary. 405.20.2 BE IT FURTHER RESOLVED that participation by Council members in the listed programs at City expense is permissive and not mandatory and is subject to the decision of each individual City Council member. DULY AND REGULARLY ADOPTED this 8thday of January, 2002. CITY OF ROHNERT PARK Mayor EXHIBITS: Exhibit A: Resolution No. 90 -212 — Resolution Authorizing Additional Benefits for Certain Key City Positions Exhibit B: Resolution No. 89 -117 — Resolution Outlining Certain Conditions of Employment, Fringe Benefits, and Salary Adjustments for Non - Represented Employees Exhibit C: Resolution No. 92 -181 — Resolution Amending Resolution No. 90 -212 to Delete Certain Health, Medical, Dental, and Visual Benefits extended to Retired City Council Members MACKENZIE: AYE REILLY: AYE SPIRO: AYE VIDAK- MARTINEZ: AYE FLORES: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) ExHIB1910�.20.2 RESOLUTION NO. g0- 212 A RESOLUTION AUTHORIZING ADDITIONAL BENEFITS FOR CERTAIN KEY CITY POSITIONS WHEREAS, the .City Council of the City of Rohnert Park recognizes that the successful operation of the City organization is in large measure due to the interest and job dedication of certain key management employees; and WHEREAS, certain key management employees are identified as the following positions: Mayor, City Council Members, City. Manager, Director of Administrative Services /Asst, to the City Manager, Assistant to the City Manager, Director of Public Works /City Engineer, Supt. of Public Works, Asst: Supt. of Public Works, Planning Director, Senior Building Inspector, Director of Public Safety, Public Safety Division Commanders, Recreation Director, Finance Director /Treasurer, Public Safety Supervisors (Lieutenants), and Director of the Performing Arts Center; and WHEREAS, it is acknowledged that persons occupying these positions are expected to put in whatever time is necessary to accomplish the responsibilities and duties of their positions to meet the goals of the City administration and in many instances this results in work weeks far in excess of the standard 40 hours per week; and WHEREAS, it is further acknowledged and reaffirmed as City policy that persons occupying the aforementioned positions are not paid an overtime pay premium which is paid to all other employees who work hours over and above their normal 8 hour day or 40 hour week work schedule; and WHEREAS, the aforementioned positions can and are commonly referred to as the "management team" for City operations; and WHEREAS. the Council wants to appropriately recognize and compensate the management 'team for its dedication to duties and responsibilities and at the same time to set it apart from all other employees and to encourage the continuation of their high job interest and dedication' over and above that normally demanded of other - City employees; and WHEREAS, many other cities throughout the State of California provide extra fringe benefits to their management personnel in recognition of the important role that the management team plays in a City's operations. NOW., THEREFORE, BE IT RESOLVED by the Council of, the City of Rohnert Park as follows: 1. That the following fringe benefits are hereby approved for the employees in the certain key management positions previously identified in this resolution. 1.1 Health Insurance - Payment by City of premiums for and any deductible or co- payment required by R.E.M.I.F., Kaiser, Health Plan of . the Redwoods or any other offered Health Maintenance Organization. 1 1.2 Physical Examinations - Any unreimbursed costs for routine phys 1 examinations of the employee after any payments made for same under i City provided health insurance program which is administered by the Redwood Empire Municipal Insurance Fund (REMlIF). 1.3 Counseling Service - Payment by the City of any unreimbursed costs, up to a maximum City reimbursement of $1,000 per family per calendar. year, for professional counseling service charges which are not paid for by _ i ao;6 ;.-h the employee may have. C ity provided or other ensuxe h IC-n services not covered by City provided health insurance programs with a maximum calendar year benefit of $1,000 per calendar year per family. 1.4 Life Insurance - $50,000 each employee, $5,0001 spouse, and $5,000 each dependent. 1.5 Dental Coverage To pay any co- payment required as a result of services provided under City provided Dental Program. 1.5.1 With the approval of the City Manager, the calendar year maximum benefit may be exceeded for good cause and charged against future years according to the following schedule: Excess.Yearly Maximum Benefit No, of Employee's to be Charged Against Future Years Years of Service Future Years Maximums Over Which Prorate' 5 $ 1,000 2 5 -10 S 2,000 4 11 -15 $ 4,000 - 8 16 or more $ 6,000 12 1.5.2 If an employee terminates for any reason, other than normal retirement at age 50 or thereafter or for a work- related disability retirement, and draws a PERS retirement benefit, the amounts charged against future years must be refunded to City. An agreement to this effect -:nst be executed with employee as condition- precedent to the L4ty Manager• s to excee,_ calendar year maximum benefit. 1.6 Administration Leave - Four (4) administrative leave days per year, which, if not taken in time off, shall be paid for in cash at the end of each calendar year, i.e. Dec. 31st. Administrative leave days are to be taken off in maximum units of one (1) day at a time and may not be used in conjunction with vacation leave or sick leave. 1.7 Long Term Disability - Two - thirds (213) of salary to a maximum salary of $6,000 per month (equals $4,000 payment) applicable to all employees, based on salary. 2 405.20.2 1.8 Court Time-- Department of Public Safety employees who are classified as management employees shall receive the equivalent of three (3) hours pay if required to testify in court on off -.duty time. 1.9 Use of City Facilities - Employees and their spouses will be allowed to participate with no fee imposed in open gym and use the weight room and locker room facility at the Sports Center when such facilities are open and also participate in the Lap Swim Program conducted at the City's swimming pools. Other activities in the Sports Center requiring payment of a fee can be discussed with the City Manager for consideration of a waiver of part or all of the fee. 2. That a family member is as defined in the City provided health plan administered by the Redwood Empire Municipal Insurance Fund. 3. That participation at City expense of the members of the City Council and their spouses and /or dependents in the following employee benefit programs on the same basis as provided to the City's.key management employees is authorized with the condition that participation by City Council Members in the listed programs at City expense is permissive and not mandatory and is subject to the decision of each individual City Council Member: 1. Medical & Health Program 2. Dental Program 3. Vision Care 4. Deferred income (but without any City contribution) 5. Public Employees Retirement System f Use of City facilities 7. Continuation of health and medical coverage, dental program, and vision care benefits after retirement .according to State law with the exception 'ghat Council Members will be exempt from the provision that they be receiving a retirement allowance from PERS in orQer to be considered retied` 7.1 The City will cover costs of the programs f6ih City Council Members including their spouse and or dependents as follows: 7.1.1 One hundred percent (100%)`•.for City Council Members who: (a) have at Teast twelve (12) years of service with the City, either as a member of the City Council or combined ith service as a member of a City Commission; apd (b) retire from Citj* \service or 'are. re- elected to office; and (c) are 50 years of age or older; and (d) have been covered by the duty's health insurance programs for the three (3) years immediately preceding their retirement, qr departure from city service. 3 7.1.2 Fifty percept (50X) for City Council Members who: (a) have les's than twelve (12) years but at least eight (8) years of combined service kith the City, either as a member of the City Council or combined with service as a member of a City Commission; and (b) retire from City service and /or are. not re- elected to office; and (c) have been covered by the City's health insurance program for the three {3) years immediately preceding their retirement or departure from City service. 7.2 For purposes of this section a Council Member's term of office which exceeds three (3) years and 300 day's in length of continuous service shall be considered as a -full f%ur (4) years in length. 7.3 The option to cgntinue fit the programs must be exercised by the Council Member before leaving offices. 4. That the benefits provided in this resolution, insofar as they may be made applicable, shall be made available to PERS retirees from said posit who retire after July 1, 1990. BE IT FURTHER.. RESOLVED that the City Manager is authorized and directed to be 'responsible for the appropriate administration of this resolution.. and to provide the City Council periodic reports of costs incurred by the City for the benefits provided hereunder. BE IT FURTHER RESOLVED that this resolution supersedes and rescinds Resolutions Nos. 87-38,, 87 -47, and.89 -118. DULY AND REGULARLY ADOPTED this 11th day of September, 1990. CITY OF ROHNERT PARK . -C-*- Mayor/ C=RM AYE - , =.- AYE i�i0FKiNS �SMR - HQWNNMWOMM o.M E%HIBIT B 405.20.2 RESOLUTION NO. 89- 117 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK OUTLINING CERTAIN CONDITIONS OF EMPLOYMENT, FRINGE BENEFITS, AND SALARY ADJUSTMENTS FOR NON- REPRESENTED EMPLOYEES RESOLVED by the Council of the City of Rohnert Park that the "Outline of Oertain Conditions of Employment, Fringe Benefits and Salary Adjustments," dated Iuly 24, 1989, a copy of which is attached hereto and by references made a part hereof be, and the same is hereby approved and made applicable to all regular 'full -time and permanent part -time employees not covered by separate Memorandums of Agreements with recognized employee organizations. DULY AND REGULARLY ADOPTED this 24th day of July, 1989. CITY OF ROHN T PARK Mayor 89MISC July 24, 1989 OUTLINE OF CERTAIN CONDITIONS OF EMPLOYMENT, FRINGE BENEFITS, AND SALARY ADJUSTMENTS 405.20.2 1. Hours of Work 1.1 The regular work week for all employees employed as of June 30, 1986, shall be five (5) consecutive work days, Monday through Friday. The regular work week for employees hired after June 30, 1986 shall be five (5) work days designated by the City at its sole discretion. 1.1.1 through 1.1.3 (Numbers intentionally omitted - not used in this document) 1.2 through 1.4 (Numbers intentionally omitted and not used in this document) 1.5 Except as provided for herein, the regular workday for all employees employed as of June 30, 1986 shall consist of eight (8) hours of work commencing at 8 a.m, and ending at 5 p.m., unless otherwise provided for, such as shift work or other arrangement between an employee and a Department Head. The regular work day for employees hired after June 30, 198.6 shall consist of eight (8) hours of work with the hours to be designated by the City at its sole discretion. 2. Overtime/Compensatory Time 2.1 Overtime compensation at the rate of one and one -half times the employee's regular hourly rate of pay shall be paid for all hours worked; 2.1.1 'In excess of forty (40) hours in any work week. 2.172 In excess of eight (8) hours in any one work day. 2.1.3 On any Saturday or Sunday, or Holiday as defined by this Outline. 2.2 Section 2.1 shall not apply to those positions which do not receive overtime pay .viz, City Manager, Director of Administrative Services /Assistant to the City Manager, Assistant to the City Manager, Finance Director, Planning Director, Director of Public Safety, Public Safety Division Commander, Public Safety Supervisor, city Engineer, Superintendent of Public Works, Assistant Superintendent of Public Works, Senior Building Inspector, Recreation Director and Theatre Manager. These positions shall be considered exempt positions. 2.3 through 2.10 (Numbers intentionally omitted and not used in this document) July 24, 1989 2.11 That a maximum of thirty (30) hours of compensatory time off may 'be accrued by an employee by mutual agreement of the employee and the City Manager_ 2.12 Employees, other than those in exempt positions, who are called back to work after having left the work site, shall be entitled to a minimum of two (2) hours' pay at the following overtime rates: 2.12.1 All hours worked until midnight at time and one -half the base hourly rate. 2.12.2 All hours worked after midnight at double time the base hourly rate. 2.12.3 All hours worked on Easter, Thanksgiving Day, Christmas Day or New Year's Day shall be paid two (2) times their base hourly rate.. MR ELY MAW= 3.1 The holidays observed by the City will be: 3.1.1 January 1st. 3.1.2 The third Monday in January, "Martin Luther King, Jr. Day" 3.1.3 Friday preceding "President's Day ", to wit: February 16, 1990, February 15, 1991, February 14, 1992, February 15, 1993 3.1.4 The third Monday in February, "President's Day" 3.1.5 12:00 noon to 5:00 p.m., on April 13, 1990, March 29, 1991 and April 17, 1992, and a date to be determined in 1993. 3.1.6. The last Monday in May, "Memorial Day" 3.1.7 July 4th 3.1 "8 The first Monday in September, "Labor Day" 3.1.9 September 9th, "Admission Day" 3.1.10 The second Monday in October, "Columbus Day" 3.1.11 November 11th, "Veteran's Day" 3.1.12 "Thanksgiving Day" 3.1.13 Day after "Thanksgiving" 3.1.14 December 25th 3.1.15 Every day proclaimed by the President, Governor or Mayor of the City as a public holiday and made applicable to City employees. 2 - July 24, 1989 405.20.2 3.1.16 Each day that the Governor declares a day of mourning or special observance . as a holiday for State employees if the declaration makes it applicable to City employees. 3.2 When a holiday falls on Sunday, the following Monday shall be observed. 3.3 When a holiday falls on Saturday, the preceding Friday shall be observed. 4. Vacation 4.1 That the following vacation schedule be retained effective July 1, 1989: Years of Service Monthly Annual (Inclusive) Vacation Rate Vacation Days Up to 2 years 5/6 day 10 3 to 5 years 1 day 12 6 to 10 years 1 1/4 days 15 11 to 15 years 1 1/2 days 18 Over 15 years 1 2/3 days 20 4.2 Vacation may be accumulated to a maximum of 30 days, provided that each employee is required to take a minimum of 10' days vacation annually. Employees may make special arrangements with the Department Head and the City Personnel Officer to reduce to five (5) days the minimum number of required vacation days to be taken annually and /or accumulate beyond the normal maximum of 30 days, if the employee has plans for an extended vacation. 4.2.1 Throughout the year the maximum vacation-accrual can exceed thirty (30) days, however on December 31st of each year, unless special arrangements have been made and approved by the City Manager, employees with accrued vacation exceeding thirty. (30) days will lose all days in excess of the thirty (30) days maximum. 4.3 Employees must work a minimum of six (6) months before any vacation earned will be credited to said employee. 4.4 Vacation benefits shall be earned and accrued to employees who are actively working or are taking leave due to an approved City program or benefit. Vacation benefits do not accrue to employees on absences from work for over ninety (90) consecutive days whereas the employees become eligible for the City's long term disability program for either industrial or non - industrial injury or sickness. 4.5 Seasonal, seasonal part -time and temporary employees shall not accrue vacation benefits: 4.6 Preference for vacation scheduling will be on the basis.of seniority within classification. 3 - July 24, 1989 4.7 Employee vacation records, i.e. accrual and use, are maintained in the Personnel Office and are open to employees either in person or via the telephone: 4.8 Regular part -time employees fringe benefits shall be as provided in City Council Resolution No. 80 -140, adopted August 11, 1980, a copy of which is attached hereto. 5. Military Training - An employee may be absent on military leave as authorized in Section 395 through 395.8 of the Military and Veterans' Code of California and City policies. The employee shall furnish to the City Manager's Office satisfactory proof of his/her orders to report for duty and of his/her actual service pursuant to such orders. Employees with less than one year City service shall take such leave without compensation from the City as provided in the Military and Veterans' Code. 6. Fringe Benefits Other Than Vacation and Holidays 6.1 Fringe Benefit Administration - City reserves the right to select the insurance carrier. or to self- administer any of the fringe benefit programs provided during the term of this Outline. 6.1.1 City will continue all employee benefits and pay all premiums due for an employee out on an authorized leave while an employee is being compensated by vacation accured time, compensatory time, industrial sick leave time and /or non- industrial sick leave time. Employees out on maternity leave are only authorized to use their accrued full -pay non- industrial sick leave in conjunction with accrued vacation and unused compensatory time in determining the time period for which the City will continue to cover employee benefits without payment of premiums_by employee. Employee may continue certain employee benefits during an authorized leave without pay for the period of the authorized leave by making payment to City for said benefits. 6.2 (Number intentionally omitted and not used in this document) 6.3 Sick Leave Plan - The following sick leave program will be provided: LENGTH OF SERVICE SCHEDULE For regular employes who are ill or are disabled by a non - industrial injury, pay will be continued by the city in accordance with length of service under the following schedule: Completed Years Week's Benefits Week's. Benefits of Service at Full Pay (Plus) at Half Pay 1 1 4 2 2 7 3 .3 10 4 4 13 4 - July 24, 1989 405.20.2 At the completion of each employee's anniversary "year of service ", benefits will be increased in keeping with the schedule. Whenever an employee has worked 26 weeks or more since the employee's last paid disability, the full schedule of benefits is renewed automatically in accordance with the employee's service. The employee is always eligible for the scheduled amount of benefits, less accumulated periods of paid disability which have ocurred since the employee worked a period of 26 weeks. (3) HQw Benefits are Calculated An employee's disability pay will be calculated on the basis of the employee's normal earnings exclusive of overtime. • •� C-. • When an employee becomes ill or disabled, the employee must give notice immediately to the employee's supervisor or the Personnel Office. Normally, the employee's waiting period or benefits will not start until the day such notice has been received by the City. Employees are also asked to notify the City as soon as possible when they expect to return to work. Notice may be given by telephone, letter, or message delivered by a fellow employee. It is important, however, that the employee's supervisor know when the employee may be expected to return in order that reassignment of temporary replacements may be handled in an orderly manner. - 5 - July 24, 1989 16 5 5 6 19 6 7 22 7 8 25 8 9 2'8 9 10 32 10 11 31 11 12 30 12 29 13 13 14 28 14 15 15 27 16 26 16 17 17 25 18 24 18 19 23 19 20 22 20 21 21 21 22 22 20 23 19 23 24 18 24 25 25 17 26 or more 26 16 At the completion of each employee's anniversary "year of service ", benefits will be increased in keeping with the schedule. Whenever an employee has worked 26 weeks or more since the employee's last paid disability, the full schedule of benefits is renewed automatically in accordance with the employee's service. The employee is always eligible for the scheduled amount of benefits, less accumulated periods of paid disability which have ocurred since the employee worked a period of 26 weeks. (3) HQw Benefits are Calculated An employee's disability pay will be calculated on the basis of the employee's normal earnings exclusive of overtime. • •� C-. • When an employee becomes ill or disabled, the employee must give notice immediately to the employee's supervisor or the Personnel Office. Normally, the employee's waiting period or benefits will not start until the day such notice has been received by the City. Employees are also asked to notify the City as soon as possible when they expect to return to work. Notice may be given by telephone, letter, or message delivered by a fellow employee. It is important, however, that the employee's supervisor know when the employee may be expected to return in order that reassignment of temporary replacements may be handled in an orderly manner. - 5 - July 24, 1989 6.3.1 Industrial Disabilities (on the job injuries) 6.3.1.1 Separate Schedules - The benefits which employees are provided under the Disability Wage Plan for industrial illness or, injury are separate and distinct from the benefits provided for non- industrial illness or injury. Employees may receive separate disability wage payments for both industrial and non - industrial illnesses or injuries but not for both types at the same time and industrial benefits may not be used for non - industrial time off and visa -versa for non - industrial benefits. 6.3.1.2 Effect on Workmen's Compensation Employees who become disabled as a result of an industrial injury, Workmen's Compensation will be payable to you in accordance with the applicable laws of the State. In addition to what employees will receive from. Workmen's Compensation, however, employees will also be paid the amount, if any, by which the disability pay under the Disability Wage Plan schedule exceeds the weekly payments provided by Workmen's Compensation. 6.3.2.1 Elizibility Regular employees are eligible for the benefits of this Plan in accordance with the number of years of service which have been completed. 6.3.2.2 Proof of Claim - Employees are required to support your claim for disability allowance by proper medical evidence. The City reserves the right to decide when employees ae disabled and when employees are able to return to work on the basis of the advice of physicians employed by, or approved by, the City. 6.3.2.3 Conditions not Covered - Employees are not entitled to disability pay under this Plan: (a) If sickness or injury is due to employees willful self - injury, intoxication, the use of narcotics or habit - forming drugs, or for illness or injury resulting from employees willful, illegal action. (b) Employees are injured while performing work for pay for another employer. 6-.3.2.4 Effect on Service - If employees are absent from work because of bona fide illness or accident, service will not be affected. Such periods of disability are counted as City service. Thus, City regular employees do. not lose this regular status because of such absences from work. 6 - July 24, 1989 405.20.2 6.3.2.5 Effect on Vacations - For employees on a vacation and become ill, the Disability Wage Plan will not apply until the day employees are scheduled to return to work. The disability benefits are entirely separate from any vacation to which employees are entitled. Under most circumstances, disability absences will not disqualify employees for eligibility for a vacation. In some cases,. however, prolonged periods of disability may affect employees vacation eligibility. 6.3.2.6 Holidays during Disab' qty - If a holiday occurs during a period when employees ae disabled, the holiday will not be charged against the days of disability pay for which employees are eligible. 6.3.3 Employees may use up to three (3) days sick leave for paternity leave, following the birth of a child. 6.3.4 Sick leave benefits shall be earned and accrued to employees who are actively working or are taking leave due to an approved City program or benefit. Sick leave benefits or accruals do not apply to employees on absences from work for over ninety (90) consecutive days. 6.4 Light or Limited_. Duty Employees injured or ill from either on the .job (industrial) or off the job (non - industrial) causes may; at.the City's sole discretion, be assigned to light, limited, or modified duty. Such assignments may be temporary or permanent. They may involve duties that differ from the normal work duties of the employee.. Such light, limited, or modified duty shall terminate when the employee is physically able to perform all his/her normal work duties. 6.5 Employee Death - Upon death of an employee, any unused vacation and compensatory time shall be paid to the employee's surviving spouse or beneficiary. 6.6 Medical and Health - That the City continue to provide, at no premium. cost to employees and dependents, medical/health program provided by the Redwood Empire Municipal Insurance Fund (REMIT'), including its maternity benefits, and City agrees to absorb any increases in premium for same during the term of this Outline. 6.6.1 Employees may choose an available Health Maintenance Organization (HMO) offered by the City for their medical/health insurance overage. The City's contribution of premium for said coverage shall not exceed the premium for the R.E.M.I.F. Plan plus 50% of the difference between the R.E.M.I.F. Plan and the Kaiser Plan or Health Plan of the Redwoods, whichever pertains. - 7 - July 24, 1989 6.7 Dental Program - That the City continue to provide, at no premium cost to employees, the dental service coverage program presently in effect for employees and dependents on a City self -i nc,rr?ncp basis and which for the most part, but with some exceptions, provides the following City coverage: 6.7.1 80% of Usual, Customary and Reasonable charges and /or 60% of prosthodontics with a calendar year maximum of $2,000. 6.7.2 60% of Orthodonics with a lifetime maximum of $3,000. 6.7.3 TMJ (Temporomadibular Joint) benefit with the following.. terms and limits: a) Lifetime maximum TMJ benefit $650.00 b) 50% employee co- payment required c) Medical benefits would be primary d) TMJ benefits included in the $2,000 per calendar year dental maximum e) Mandatory pre- authorization required 6.7.4 No deductible on employee or dependents. 6.7.5 Employees are — eligible to voluntarily use Gateway Dental Office located on Redwood Drive, Rohnert Park. Gateway Dental agrees to cover the employees' co- payments in full for dental services provided by them. City intends to contact other local dental groups and dentists to attempt to secure a similar program offered by Gateway Dental. 6.8 Vision Care - That the City continue to provide, at no premium cost to employees, the vision care service coverage program which.provides a vision care benefit of up to $350 per calendar year for each employee and dependent under 18 years of age and .up to $350 every two (2) calendar years for dependents 18 years or older to cover actual out- of- pocket costs incurred for eye examinations, treatment, or prescription eye- glasses or contact lenses for any member of employee's immediate family. 6.9 Adoption - That the City provide a $600 per child cash benefit to employees adopting minor children to help offset the cost of adoptions. This cash benefit does not include the cost of adopting step - children, i.e. children of present spouse. 6.10 Bereavement Leave - An employee shall be paid up to forty (40) hours of bereavement leave to attend a funeral or services because of a death.in the immediate family. For the purpose of bereavement leave, immediate family shall mean spouse, father, father -in -law, mother, mother-in-law, brother, sister, child (including stepchildren), stepparents, grandparents and grandchildren and relationships in loco parentis. Payment for bereavement leave shall only be made under the provisions set forth above. 8 = July 24, 1989 405.20.2 6.11. Funeral Benefit - City will provide a fifty percent (50X) co- payment, not to exceed $2,000, for funeral expenses for an. employee or their spouse only. This funeral be will be considered secondary to and shall be coordinated with any and all other funeral benefits that may be payable to employee or spouse. 6.12 Lone -Term Disability Insurance - That the City continue to provide, at no premium cost to employees, the long -term disability income protection insurance coverage now being provided. (Presently Standard Insurance Company Group Policy No. 324791). The basic benefit.shall be 66 2/3% of the employee's monthly base pay with a maximum benefit of $2,000. 6.13 (Number intentionally. omitted and not used in this document) 6.14 Life Insurance 6.14.1 That the City will continue to provide, at no premium cost to employees, $10,000 life insurance coverage provided to employees and $1,000 for dependents, and which coverage includes accidental death and dismemberment benefits. 6.14.2 That the City allow, subject to the insurance carrier's approval, any employees to purchase, at their own cost, additional life insurance coverage under the City's group program. 6.15 Deferred Income - That the City will continue to make. available to the employees a deferred income program, I now being administered by Great Western Savings and Loan Association or a similar program with another institution acceptable to City. 6.16 Retired and /or Permanently and Totally Disabled Employees - That the City will provide medical and health coverage, dental program, and vision care benefits to the following: 6.16.1 To employees who have at least ten (10) years of continuous - service with the City and who retire upon reaching normal - retirement age or thereafter. Coverage will extend to eligible dependents. Retirement is when an .employee is receiving a retirement allowance from PERS. 6.16.2 To employees who have at least ten (10) years of continuous service' with the City and who become permanently or totally disabled. Totally disabled will be construed as having a disability rating in excess of 50%. 6.16.3 To the surviving spouse and dependents of an employee who died while a City employee after ten (10) or more years of continuous service with the City. 6.16.4 Benefits provided Medi -Care, Medi -,C.- to the employee, coverage which is the benefits are program. under this section shall coordinate with il, and any other welfare program available which shall be primary to City provided determined to be secondary. In addition, subject to the characteristics of each 9 - July 24, 1989 6.16.5 The benefits provided under this section will continue for such designated employees while said employees are alive. In the event of the employee's death, coverage will continue for the employee's spouse until the spouse dies or remarries. Coverage will also continue for the employee's legally dependent children who qualify as an Internal Revenue Service dependent until the children reach the age of 23 or the employee's spouse remarries, whichever occurs earliest. 6.16.6 City agrees to pay premium or any future premium increases that may be necessary to maintain benefit levels in effect as when the employee retired. 6.17 (Number intentionally omitted and not used in this document) 6.18 Education and Training - That the City will continue to provide reimbursement to employees for tuition and book costs only for attending and completing, with a satisfactory grade, courses in the adult high school program, at Santa Rosa Junior College, 'at Sonoma State University, or any other educational institution acceptable to the City. All courses or classes for which reimbursement will be requested must be previously approved by the Department Head and the City Manager prior to the start of said classes and approval requested on the appropriate City form. 6.19 Longevity Pay - That the City continue to provide longevity pay to employees based on continuous years of service as follows: Completed Years Pay Percentage of Service Increases 5 years 2% For each completed 1 /2X year thereafter The maximum longevity pay percentage to be paid shall be 10% of base pay. The "completed _years of service" will be determined on January 19t and July 1st only and not on an employee's employment anniversary datb. 6.20 Retirement Programs 6.20.1 That the City will continue to provide the P.E.R.S. retirement program to miscellaneous member employees. 6.20.2 Effective on or before January 1, 1990,. the City will amend its contract with P.E.R.S. to provide the "one -year .highest compensation" optional provision per P.E.R.S. Section 20024.2. 6.20.3 That the City will absorb any employer contribution rate increases for miscellaneous members required by P.E.R.S. 6.20.4 That, during the term of this Outline, the City will continue to pay the 7% employee's contribution to P.E.R.S. and will allow said payment to be credited to the employee's account. - 10 - July 24, 1989 405.20.2 6.21 City will continue to provide the Dependent Care Assistance Program (DCAP) as authorized by the IRS and the City agrees to investigate and possibly implement additional programs for the set -aside of employee pre -tax dollars for uncovered medical. expenses, legal service programs, insurance programs or other qualified benefits as approved by the Internal Revenue Service (IRS) and the California Franchise Tax Board. 6,22 Compliance with Internal Revenue Code Section 89 - The Employee Retirement Security Act (ERISA) Section 402 plan documentation requirements and IRC Section 89 basic qualification standards, the City states the following in regard to its employee benefit plans: 6.22.1 That the City has established and maintains core medical, dental, vision and life insurance benefit plans in writing for qualified employees; 6.22.2 That eligible employees are provided with legally enforceable rights to benefits under these plans; 6.22.3 That the City provides reasonable written notification to eligible employees of benefits available under each plan; 6.22.4 That the City has established these plans for the exclusive benefit of its eligible employees; and 6.22.5 Plan Amendment and Termination. Pursuant to the terms in the group insurance contract(s), the City can amend or terminate the group insurance contract(s) through which benefits are provided under the plan. Although the City established the plan with the intent to maintain it indefinitely, the employer can amend or terminate the plan at any time. The City's decision to amend or terminate the group insurance contract(s) or the plan are not fiduciary decisions that must be made solely in the interest of the employees, but are business decisions that can be made solely in the City's interest. 7. through 8. - (Numbers intentionally omitted and not used in this document) 9. Salaries/Cost of Living 9.1 That the salary rates presently in effect (at June 30, 1989) will be adjusted by 4% for exempt positions and 5 -1 /2X for other positions effective August 1, 1989. 9.2 That a cost of living adjustment be provided effective February 1, 1990 to all employees of the City covered by this outline. Said adjustment is to reflect the increase in the cost of living index for the San Francisco - Oakland area as shown in the Consumer Price Index titled "Urban Wage Earners and Clerical Workers - All Item Indexes" issued by the U.S. Department of Labor. The parties agree that said adjustment is that representing the percentage increase in the cost of living between the June 1989 index and the December 1989 index less 1 1 /2X but in no event shall the adjustment exceed 7% or be less than 3 1 /2X. - 11 - July 24, 1989 9.3 That a further cost of living adjustment be provided effective August 1, 1990 to all employees of the City covered by this outline. Said adillstment iS to reflect the increase in the cost of living index for the San Francisco- Oakland area as shown in the Consumer Price Index titled "Urban Wage Earners and Clerical Workers - All Item Indexes" ` issued by the U.S. Department of Labor. The parties agree that said adjustment is that representing the percentage increase in the cost of living between the December 1989 index and the June 1990 index less 1 1 /2Y but in no event shall the adjustment exceed 7% or be less than 3 1/2x. 9A That a further cost of living adjustment be provided effective February 1, 1991 to all employees of the City covered by this outline. Said adjustment is to reflect the increase in the cost of living index for the San Francisco - Oakland area as shown in the Consumer Price Index titled "Urban Wage Earners and Clerical Workers - All Item Indexes" issued by the U.S. Department of Labor. The parties agree that said adjustment is that representing the percentage increase in the cost of living between the June 1990 index and the December 1990 index less 1 1 /2% but in no event shall the adjustment exceed 7% or be less than 3 1 /2%. 9.5 That a further cost of living adjustment be provided effective August 1, 1991 to all employees of the City covered by this outline. Said adjustment is to reflect the increase in the cost of living index for the San Francisco - Oakland area as shown in the Consumer Price Index titled "Urban Wage Earners and Clerical Workers - All Item Indexes" issued by the U.S. Department of Labor. The parties agree that said adjustment is that representing the percentage increase in the cost of living between the December 1990 index and the June 1991 index less 1 1 /2% but in no event shall the adjustment exceed 7% or be less than 3 1 /2X. 9.6 That a further cost of living 'adjustment be provided effective February 1, 1992 to all employees of the City covered by this outline. Said adjustment is to reflect the increase in the cost of living index for the San Francisco- Oakland area as shown in the Consumer Price. Index titled "Urban Wage Earners and Clerical Workers - All Item Indexes" issued by the U.S. Department of Labor. The parties agree that said adjustment is that representing the percentage increase in the cost of living between the June 1991 index and the December 1991 index less 1 1 /2% but in no event shall the adjustment exceed 7% or be less than 3 1 /2X. 9.7 That a further cost of living adjustment be provided effective August 1, 1992 to all employees of the City covered by this outline. Said adjustment is to reflect the increase in the cost of living index for the San Francisco - Oakland area as shown in the Consumer Price Index titled "Urban Wage Earners and Clerical Workers - All Item Indexes" issued by the U.S. Department of Labor. The parties agree that said adjustment is that representing the percentage increase in the cost 'of living between the December 1991 index and the June 1992 index less 1 1 /2X but in no event shall the adjustment exceed 7% or be less than 3 1 /2X. - 12 July 24, 1989 405.20.2 9.8 That a further cost of living adjustment be provided effective February 1, 1993 to all employees of the City covered by this outline. Said adjustment is to reflect the increase in the cost of living index for the San Francisco - Oakland area as shown in the Consumer Price Index titled "Urban Wage Earners and Clerical Workers - All Item Indexes" issued by the U.S. Department of Labor. The parties agree that said adjustment is that representing the percentage increase in the cost of living between the June 1992 index and the December 1992 index less 1 1 /2% but in no event shall the adjustment exceed 7% or be less than 3 1 /2x. 9.9 through 9.11 (Numbers intentionally omitted and not used in this document) 9.12 Pay Checks - Pay checks shall be distributed by City to employees by noon on pay day. 10. Alcohol The City will continue to assist employees who have alcohol or alcohol related problems. It is acknowledged that cooperative efforts will give employees a much better opportunity to recover from this very serious health problem. 11. Physical Fitness - City acknowledges the importance of employees maintaining proper physical and mental condition in or to perform job duties in a manner acceptable to the City. City can, at its option and cost, require a complete physical examination for any or, all employees at any time to determine job fitness.. 11.1 through 11.3 (Numbers intentionally omitted and not used in this document) 11.4 To assist employees in maintaining proper fitness, proper diet and consistent weight control, the City will pay 50% of a qualified dietary and.weight reduction program approved by the City. The 50% payment shall not exceed $200.00 and shall be paid 25% upon reaching goal weight and certified by a weight loss consultant and the balance -of 25% six (6) months after reaching goal weight if goal weight is maintained. Goal weight is defined as the maximum weight allowed under the City's height /weight relationship requirements or a lower amount as required by the dietary and weight control program. Payments will be made as a reimbursement. 12. Smoking 12.1 In recognition of the nation -wide concern with smoking and the relationship it has to heart disease. City agrees to provide a $25 pay premium to all employees who refrain completely from the use of. tobacco in any form. Any .employee receiving the pay premium for not smoking and who starts smoking, shall rebate to City all paid non- smoking premium paid by the City to said employee during the immediate 12 months preceding. 12.2 Employees hired with a condition that they not smoke shall be required to remain non - smokers throughout their employment. A non - smoker shall not smoke or use any tobacco product either on or off -duty while employed. An affidavit signed on a periodic basis by employee shall be used to verify continued non - smoking status. - 13 - July 42, 1989 12.3 The City intends to hire new employees with the clearly expressed condition of employment that they refrain from smoking. The City acknowledges its right to take appropriate ate di Sri nl i nary arri c nc should any such employee hired violate the agreed upon conditions of employment. Prior to final disciplinary action being taken, City will refer the employee to an employee assistance program for consultation and referral. 13. Residency 13.1 through 13.2 (Numbers intentionally omitted and not used in this document) 13.3 All employees are encouraged to reside within the City. All employees residing within Rohnert Park shall receive a $36 per month residency bonus which amount shall be adjusted for any City enacted increases for water, sewer or garbage service to single family residences. 14. Grievance Policy and Procedure - City will comply with the grievance procedure as outlined in Resolution No. 79 -22, adopted February 13, 1979, a copy of which is attached hereto. Failure to meet .any time line or specifically comply with any other requirement of the grievance procedure constitutes a specific waiver and is a bar to further consideration of the grievance. 15. (Number intentionally omitted and not used in this document) 16. Use of City Facilities - Employees will be.allowed to participate with no fee imposed in open gym time and use the weight room and locker room facility at the Sports Center when such facilities are open and also participate in the Lap Swim Program conducted at the City's swimming pools. Other activities requiring payment of a fee can be discussed with the City Manager for consideration of a waiver of part or all of the fee. 17. Management Rights Except as limited in this Outline and applicable State laws, the exclusive rights of the City shall include, but not be limited to, the right to determine the organization of city government and the purpose .and mission of its departments and agencies, to set standards of service to be offered to the'public; and through its management officials to exercise control and discretion over its organization and operations; to establish and effect administrative regulations which are consistent with law and the specific provisions of this Outline; to direct its employees; to take disciplinary action; to lay off its employees whenever their positions are abolished, or whenever necessary because of lack of work or lack of funds; to determine whether goods or services shall be made, purchased, or contracted for; to determine the .methods, means and personnel by which the .City's services are to be provided; including the right to schedule and assign work and overtime; and to otherwise act in the interest of efficient service to the City. 18. Work Curtailment (No Strike Clause) - Under no circumstances shall any employees individually or collectively cause sanction, honor or engage in any strike, sit -down, stay -in, sick -out, slow -down, speed -up, work to rule or any other type of job action, curtailment of work, restriction of production or restriction of service during the term of this Outline. - 14 - July 24, 1989 405.20.2 19. Personnel Rules and Regulations - City acknowledges that it is currently updating its Comprehensive Personnel Rules & Regulations. 20. (Number intentionally omitted and not used in this document) 21. Term of Outline 27.1 This Outline is to become effective on July 1, 1989. 27.2 This Outline will terminate on June 30, 1993. 22. (Number intentionally omitted and not used in this document) r . . P-1 I VVE 50.3 WMIMM-Mil 23.1 Employees shall be provided with a copy of his/her performance evaluation twenty -four (24) hours prior to the evaluation interview. 23.2 Employees have the right to respond in writing to the evaluation report should they so desire. Said responses should be submitted to the reviewer no later than seventy -two (72) hours after the evaluation interview.. 24. Personnel Files - Employees or their duly authorized representative have the right to inspect his or her personnel file maintained on him or her-by the City. Employees have the right to respond in writing to anything contained or placed in their personnel file and any such responses shall become part .of the personnel file. 25 through 29 (Numbers intentionally omitted and not used in this document) 30. Invalidation 30.1 If during the term of this Outline, any item or portion thereof of this Outline is held to be invalid by operation of any applicable law, rule, regulation, or order issued by governmental authority or tribunal of competent jurisdiction, or if compliance with or enforcement of the item or portion thereof shall be restrained by any tribunal, such provision of this Outline shall be immediately suspended and be of no effect hereunder so long as such law, rule, regulation, or order shall remain in effect. Such invalidation of a part or portion of this Outline shall not invalidate any remaining portion which shall continue in full force and effect. 30.2 In the event of suspension or invalidation of any article or section of this Outline, City agrees, that except in an emergency situation, to arrive at a satisfactory replacement for such article or section. 15 - July 24, 1989 - � � r:XH1131T L 405.20.2 RESOLUTION NO. 92- 181 A RESOLUTION OF THE CITY OF ROHNERT PARK AMENDING RESOLUTION NO. 90 -212 TO DELETE CERTAIN HEALTH, MEDICAL, DENTAL, AND VISUAL BENEFITS EXTENDED TO RETIRED CITY COUNCIL MEMBERS WHEREAS Resolution No. 90 -212 was adopted by the Rohnert Park City Council on September 11, 1990, and WHEREAS Resolution No. 90 -212 provides for the extension of certain dental, health, medical and visual care benefits to city employees and Councilpersons subject to the conditions outlined in state law, in Resolution No. 90 -212, and in.City policy, and WHEREAS the City Council has determined that payment of medical, health, dental and visual and other health related provisions for retired City Councilpersons is not in the public interest, and WHEREAS the City Council has determined to discontinue the policy of paying the cost of insurance premiums for medical, health, dental, visual and other health related costs or assessments for those Councilpersons who are sworn in as Councilpersons on or after the date of this Resolution. NOW THEREFORE BE IT HEREBY RESOLVED by the Rohnert Park City Council that the following language be and the same is hereby deleted from pages 3 and 4 of Resolution No. 90 -212: "7. Continuation of health and medical coverage, dental program, and vision care benefits after retirement according to State law with the exception that Council Members will be exempt from the provision that they be receiving a retirement allowance from PERS in order to be considered retired. 7.1 The City will cover costs of the programs for City Council Members including their spouses and or dependents as follows: 7.1.1 One hundred percent (100 %) for City Council Member-- who: , (a) have at least twelve (12) years of service with the City, either as a member of the City Council or combined with service as a member of a City Commission; and (b) retire from City service or are not re- elected to office; and (c) are 50 years of age or older; and (d) have been covered by the City's health insurance program for the three (3) years immediately preceding their retirement, or departure from city service. 7.1.2 Fifty percent (50 %) for City Council Members who: (a) have less than twelve (12 years but at least eight (8) years of combined service with the City, either as a member of the City Councilor combined with service as a member of a City Commission; and (b) retire from City service.and /or are not re- elected to office; and (c) have been covered by the City's health insurance program for the three (3) years . immediately preceding their retirement or departure from City service. 7.2 For purposes of this section a Council Member's term of office which exceeds three (3) years and 300 days in length of continuous service shall be considered as .a full four (4) years in length. 7.3 The option to continue in the programs must.be exercised by the Council Member before leaving office." BE IT FURTHER RESOLVED that the following paragraph 7 be and the same is hereby added to. Resolution No. 90 -212 to read and provide as follows: 117. City Councilpersons who complete at least one full four (4) term and who agree to pay the full cost of all. 2 Resolution No. 92 -181 405.20.2 premiums for benefits selected shall have the right to continue health and welfare benefits after completion of a full term or after retirement from City service." DULY AND REGULARLY PASSED BY THE ROHNERT PARK CITY COUNCIL THIS 10th DAY OF Nov. , 1992. AYES: (5) Councilmembers Eck, Hollingsworth, Hopkins, Reilly, Spiro NOES: ( 0) None ABSENT: (0) None ATTEST: APPROVED: 191 L RESOLUTION NO. 2006 - 206 RESOLUTION ADOPTING UPDATED EXPENSE REIMBURSEMENT AND USE OF PUBLIC RESOURCES POLICY WHEREAS, Government Code section 36514.5 provides that city council members may be reimbursed for actual and necessary expenses incurred in the performance of official duties; and WHEREAS, the City of Rohnert Park ( "City ") adopted a "Policy for Reimbursement of Expenses for City Council Members" by Resolution No. 2004 -19; and WHEREAS, the City adopted a Policy for "Expense Reimbursement and Use of Public Resources" by Resolution No. 200642; and WHEREAS, Assembly Bill 1234, which took effect on January 1, 2006, adds Article 2.3, commencing with Government Code section 53232, to the Government Code, addressing expense reimbursement to public officials; and WHEREAS, this policy satisfies the requirements of Government Code sections 53232 and following; WHEREAS, the -City Council wishes to consolidate its expense reimbursement policies into one resolution; NOW, THEREFORE, the City Council resolves that Resolution Nos. 2004 -19 and 200642 are hereby repealed; and BE IT FURTHER RESOLVED that the updated "Expense Reimbursement and Use of Public Resources Policy," attached as Exhibit A to this Resolution, is hereby adopted. DULY AND REGULARLY ADOPTED this 8`h day of August, 2006. ATTEST: CITY OF RO BREEZE: AYE FLORES: AYE MACKENZIE: ABSENT VIDAK- MARTINEZ: AYE SMITH: AYE AYES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (0) -%s"39, / EXHIBIT A CITY OF ROHNERT PARK EXPENSE REIMBURSEMENT AND USE OF PUBLIC RESOURCES POLICY WHEREAS, the City of Rohnert Park ( "City ") takes its stewardship over the use of its limited public resources seriously; WHEREAS, public resources should only be used when there is a substantial benefit to the city; and WHEREAS, such benefits include: 1. The opportunity to discuss the community's concerns with state and federal officials; 2. Participating in regional; state and national organizations whose activities affect the City; 3. Attending educational seminars designed to improve officials' skill and information levels; and 4. Promoting public service and morale by recognizing such service; and WHEREAS, 1) legislative and other regional, state and federal agency business is frequently conducted over meals; 2) sharing a meal with regional, state and federal officials is frequently the best opportunity for a more extensive, focused and uninterrupted communication about the City's policy concerns;. and 3) each meal expenditure must comply with the limits and reporting requirements of local, state and federal law; and WHEREAS, this policy provides guidance to elected and appointed, officials on the use and expenditure of City resources, as well as the standards against which those expenditures will be measure; and WHEREAS, Municipal Code Section 2.12.050 provides that City Council Members are to be reimbursed for actual and necessary expenses incurred in the performance of official duties for the City; and WHEREAS, this policy supplements the definition of actual and necessary expenses for purposes of state laws relating to permissible uses of public resources; and WHEREAS, this policy also supplements the definition of necessary and reasonable expenses for purposes of federal and state income tax law; and h'US; 3SI0 / WHEREAS, this policy also applies to any charges made to a City credit card, cash advances or other line of credit. The City's expense reimbursement policy is set forth below: ATU H0Rie.m, i E`r PEiv -ES City funds, equipment, supplies (including letterhead), titles, and staff time must only be used for authorized City business. Expenses incurred in connection with the following types of activities generally constitute authorized expenses, as long as the other requirements of this policy are met: 1. Communicating with representatives of regional, state and national government on City adopted policy positions; 2. Attending educational seminars designed to improve officials' skill and information levels; 3. Participating in regional, state and national organizations whose activities affect the City's interests; 4. Recognizing service to the City (for example, thanking a longtime employee with a retirement gift or celebration of nominal value and cost); 5. Attending City events; and 6. Implementing a City - approved strategy for attracting or retaining businesses to the City, which will typically involve at least one staff member. All other expenditures require prior approval by the City body. The following expenses also require prior governing body approval: 1. International and out -of -state travel. Examples of personal expenses that the City will not reimburse include, but are not limited to: 1. The personal portion of any trip; 2. Political or charitable contributions or events; 3. Family expenses, including partner's expenses when accompanying official on agency - related business, as well as children or pet - related expenses; -.1/os- -�g 4. Entertainment expenses, including theater, movies (either in -room or at the theater), sporting events (including gym, massage and/or golf related expenses), or other cultural events; 5. Non - mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline; and 6. Personal losses incurred while on City business. any questions regarding the propriety of a particular type of expense should be resolved by the approving authority before the expense is incurred. COST CONTROL To conserve City resources and keep expenses within community standards for public officials, expenditures should adhere to the following guidelines. In the event that expenses are incurred which exceed these guidelines,'the cost borne or reimbursed by the city will be limited to the costs that fall within the guidelines. TRANSPORTATION The most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements must be used, using the most direct and time- efficient route. Government and group rates must be used when available. Airfare - Airfares that are equal or less than those available through the enhanced Local Government Airfare Program offered through the League of California Cities (www.cacities.org/travel), the California State Association of Counties (http: / /www.csac.counties.org) and the State of California are presumed to be the most economical and reasonable for purposes of reimbursement under this policy. Automobile - Automobile mileage is reimbursed at Internal Revenue Service rates in effect at the time the expense is occurred. These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses associated with operating the vehicle. This amount does not include bridge and road tolls, which are also reimbursable. Car Rental - Rental rates that are equal or less than those available through the State of California's website ( http.// www .catravelsmart.com/default.htm) shall be considered the most economical and reasonable for purposes of reimbursement under this policy. Taxis /Shuttles - Taxis or shuttles fares may be reimbursed, including a 15 percent gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time - efficiency. CUs -3% r ► Lodging expenses will be reimbursed or paid for when travel on official City business reasonably requires an overnight stay. �vxuGrciYCe�riviCetiiigs - if such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. If the group rate is not available, see next section. Other Lodging - Travelers must request government rates, when available. A listing of hotels offering government rates in different areas is available at http:// www. catraveismart.com/lodguideframes.htm. Lodging rates that are equal or less to government rates are presumed to be reasonable and hence reimbursable for purposes of this policy. In the event that government rates are not available at a given time or in a given area, lodging rates that do not exceed the General Services Administration per diem rates for a given area are presumed reasonable and hence reimbursable. MEALS Meal expenses and associated gratuities will be reimbursed at the rates specified in the General Services Administration published per diem rate The City will not pay for alcohol/personal bar expenses. TELEPHONE/FAX/CELLULAR Officials will be reimbursed for actual telephone and fax expenses incurred on City business. As necessary, officials will be provided a city -owned fax machine and any other equipment as the City Council determines necessary to use in the conduct of its official business. Telephone bills should identify which calls were -made on City business. For cellular calls when the official has a particular number of minutes included o in the official's plan, the official can identify the percentage of calls made on public business. AIRPORT PARKING Long -term parking must be used for travel exceeding 24- hours. 1 n it � Baggage handling fees of up to $1 per bag and gratuities of up to 15 percent will be reimbursed. Expenses for which City officials receive reimbursement from another agency are not reimbursable. 405. 310, SPRECKELS PERFORMING ARTS CENTER Each official shall be issued one complimentary ticket for each performance at the Spreckels Performing Arts Center. CASH ADVANCE POLICY From time to time, it may be necessary for an official to request a cash advance to cover anticipated expenses while traveling or doing business on the City's behalf. Such request for an advance should be submitted on a Check Requisition form to the Director of Administrative Services seven (7) days prior to the need for the advance with the following information: 1. The purpose of the expenditure(s); 2. The benefits of such expenditure to the residents of City; 3. The anticipated amount of the expenditure(s) (for example, hotel rates, meal costs, and transportation expenses); and 4. The dates of the expenditure(s). Any unused advance must be returned to the Finance Department within one week of the official's return, along with an expense report and receipts documenting how the advance was used in compliance with this expense policy. In the event the Director of Administrative Services is uncertain as to whether a request complies with this policy, such individual must seek resolution from the City governing board. CREDIT CARD USE POLICY City does not issue credit cards to individual office holders but does have an agency credit card for selected City expenses. City office holders may request the City to use the City's credit card for such purposes as airline tickets and hotel reservations. Receipts documenting expenses incurred on the City credit card and compliance with this policy must be submitted by the cardholder when received to the Finance Department. City credit cards may not be used for personal expenses, even if the official subsequently reimburses the city. There will be no cash advances on credit cards. G/or3� I EXPENSE REPORT CONTENT AND SUBMISSION DEADLINE All cash advance expenditures, (credit card expenses) and expense reimbursement requests must be submitted on an expense report form provided by the City. This form shall include tale ibillo -ing ad Viso y. All expenses reported on this form must comply with the City's policies relating to expenses and use of public resources. The information submitted on this form is a public record. Penalties for misusing public resources and violating the City's policies include loss of reimbursement privileges, restitution, civil and criminal penalties as well as additional income tax liability. Expense reports must document that the expense in question met the requirements of this policy. For example, if the meeting is with a legislator, the local agency official should explain whose meals were purchased, what issues were discussed and how those relate to the City's adopted legislative positions and priorities. Officials must submit their expense reports within 30 days of an expense being incurred, accompanied by receipts documenting each expense. Restaurant receipts, in addition to any credit card receipts, are also pact of the necessary documentation. Inability to provide such documentation in a timely fashion may result in the expense being borne by the official. AUDITS OF EXPENSE REPORTS All expenses are subject to verification that they comply with this policy_ REPORTS TO GOVERNING BOARD At the following City governing body meeting, each official shall briefly report on meetings attended at City expense. If multiple officials attended, a joint report may be made. COMPLIANCE WITH LAWS City officials should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws. All agency expenditures are public records subject to disclosure under the Public Records Act. o- 3f. VIOLATION OF THIS POLICY Use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following: 1) loss of reimbursement privileges, 2) a demand for restitution to the City, 3) the agency's reporting the expenses as income to the elected official to state and federal tax authorities, 4) civil penalties of up to $2,000 per day and three times the value of the resources used, and 5) prosecution for misuse of public resources. Council: X Miscellaneous Communications Agenda: 718108 X 712108 -TG Copy to: ROHNERT PARK CITY COUNCIL ECONOMIC DEVELOPMENT SUB - COMMITTEE MEETING AGENDA Wednesday, June 25, 2008 1:00 P.M. Rohnert Park Administrative Offices - Council Chambers 6750 Commerce Boulevard Committee Members: Arnie Breeze, Councilmember Vicki Vidak - Martinez, Councilmember City Staff: Dan Schwarz, Assistant City Manager Maureen Rich, Senior Planner 1:00 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. Corridor Concept Plans Discussion and direction 5. City Matters 6. Adjournment Posted in accordance with state law Disabled Accommodation: If you have a disability which requires an interpreter or other person to assist you while attending this meeting, please contact the City Offices at (707) 588.2226 at least 72 hours prior to the meeting to ensure City accommodations. ENVIRONMENTAL QUALITY POLICY COMMITTEE Thursday, June 26, 2008 10:00 a.m. – 3:00 p.m. Sacramento Convention Center, Room 203 AGENDA I Councr— — il: Miscellaneous X� Communications Agenda: 718108 I X 4 7/2/08-TG j Copy to: I Important Note: At this stage in the Legislative process, many of the agenda items will change dramatically between now and the meeting date. Thus, staff is waiting to send out bill summaries so that the analysis will be based on the (hopefully) most recent version of the bill. Full bill analyses will be e- mailed to you in advance. If you wish to view the text of the bills in advance, please visit our Web site: www.cacities.org/billsearch and enter the bill number in the search box. I. Welcome and Introductions II. Public Comment III. Green Buildings Update (Handout) - Speaker: Rosario Marin, Secretary, State and Consumer Services Agency IV. Legislative Update (Handout to Be E- mailed Prior to Meeting) a. AB 2466 (Laird) Net Metering b. State Water Board Water Quality Improvement Initiative c. SB 375 (Steinberg) Land Use V. Solid Waste Legislation Update (Handout to Be E- mailed Prior to Meeting) - Speaker: Assembly Member Jared Huffman a. AB 2640 (Huffman) b. SB 1016 (Wiggins) c. SB 1020 (Padilla) VI. California Climate Action Network - Best Practices Framework (Attachment A) - Speaker: Yvonne Hunter, Program Director, California Climate Action Network, Institute for Local Government VII. State Air Resources Board Scoping Plan Update (Handout) VIII. Water Supply and Storage (Handout to Be E- mailed Prior to Meeting) IX. State Budget Update (Handout) X. November 2008 State Ballot Initiatives Update (Handout) XI. Coastal Cities Issues Group Update XII Proposition 98 & 99 Summary - Speaker: Chris McKenzie, Executive Director, League of California Cities XIII. Next Meeting: TENTATIVE: Wednesday, September 24, 2008, 10:00 a.m., Annual Conference, Long Beach -more- Brown Act Reminder: The League of California Cities' Board of Directors has a policy ofeomplying with the spirit ofopen meeting laws. Generally, off-agenda items may be taken up only if.• 1) Two - thirds of the policy committee members find a need for immediate action exists and the need to take action came to the attention ofthe policy committee after the agenda was prepared (Note: lffewer than two- thirds ofpolicy committee members are present, taking up an off-agenda item requires a unanimous vote); or 2) A majority of the policy committee finds an emergency (for example: work stoppage or disaster) exists. A majority of a city council may not, consistent with the Brown Act, discuss specific substantive issues among themselves at League meetings. Any such discussion is subject to the Brown Act and must occur in a meeting that complies with its requirements. NOTE: Policy committee members should be aware that lunch is usually served at these meetings. The states Fair Political Practices Commission takes the position that the value of the lunch should be reported on city officials' statement of economic interests form. Because of the service you provide at these meetings, the League takes the position that the value of the lunch should be reported as income (in return for your service to the committee) as opposed to a gift (note that this is not income for state or federal income tax purposes just Political Reform Act reporting purposes). The League has been persistent, but unsuccessful, in attempting to change the FPPC's mind about this interpretation. As such, we feel we need to let you know about the issue so you can determine your course of action. If you would prefer not to have to report the value of the lunches as income, we will let you know the amount so you can reimburse the League. The lunches tend to run in the $25 to $45 range. To review a copy of the FPPC's most recent letter on this issue, please go to wwvn.eacities.org/FPPCletter on the League's Web site. Council: I X Committee Members: Council: X _ Miscellaneous Communications Agenda: 718108 X 7i2/08-rc Copy to: ROHNERT PARK CITY COUNCIL WATER ISSUES SUB - COMMITTEE MEETING AGENDA Wednesday, July 2, 2008 1:00 P.M. Rohnert Park Administrative Offices 6750 Commerce Boulevard Jake Mackenzie, Mayor Pam Stafford, Vice Mayor Ci Staff: Dan Schwarz, Assistant City Manager Darrin Jenkins, Director of Public Works / City Engineer Eydie Tacata, Management Analyst Michelle Kenyon, City Attorney / Ben Winig, Assistant City Attorney 1:00 noon REGULAR SESSION — Open to Public Call to Order 1. Public Comments, if any 2. Sonoma County Water Agency Update 3. Water Advisory Committee Report 4. Technical Advisory Committee Report 5. Water Rates 6. Rohnert Park Staff Update 7. Additional Comments, if any 8. Adjournment Posted in accordance with state law. Disabled Accommodation: If you have a disability which requires an interpreter or other person to assist you while attending this meeting, please contact the City Offices at (707) 588.2226 at least 72 hours prior to the meeting to ensure City accommodations. COUNCIL COMMUNICATIONS (7/08/08) 1400 K STRFFT SACRAMENTO, CA 95814 FII: (916) 658 -8200 Fx:(916) 658 -8240 RECEIVED JUN 2 0 2008 L oEAIGUE CITIES CITY OF W W W. CACITIES.ORG Please review this memo carefully. New proced r "l"gpLe adopted in 2006 regarding designation of voting de legR"R-ft--r-EO alternates and voting at the Annual Confert nctDMMNNICATI COPY TO: June 13, 2008 COPY T0: TO: Mayors, City Managers and City Clerks RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference - September 24 -27, Long Beach The League's 2008 Annual Conference is scheduled for September 24 -27 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting, scheduled for 8:30 a.m., September 27, at the Long Beach Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. In the event that the designated voting delegate is unable to serve in that capacity, your city may appoint up to two alternate voting delegates. In 2006, the ability to appoint up to two alternates was the result of approval of a League bylaws amendment that increased the number of voting delegate alternates from one to two. Please complete the attached Voting Delegate form and return it to the League's office no later than September 5, so that voting delegate /alternates records may be established prior to the conference. At the conference, voting delegate forms may be returned to the Voting Delegate Desk located in the conference registration area. Please note the following procedures that are intended to ensure the integrity of the voting process at the Annual Business Meeting. Action by Council Required. Consistent with League bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. At least one must be present at the Business Meeting and in possession of voting card in order to cast a vote. Voting delegates and alternates 6111000 are requested to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegates Desk. This will enable them to receive the special stamps on their name badges that will admit them into the voting area during the Business Meeting. Transferring Voting Card to Non - Designated Individuals Not Allowed. The voting card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • New Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special stamp on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they should be sure to sign in at the Voting Delegate desk and obtain the special stamps on their badges. The Voting Delegate desk in the conference registration area will be open September 24, 25 and 26, and prior to the Business Meeting on September 27. The conference registration area will open at 12:00 p.m., on September 24, at the Long Beach Convention Center. The Voting Delegate desk will also be open at the Business Meeting, but not during a roll call vote, should one be undertaken. The voting procedures that will be used at the conference are attached to this memo. Please share it and this memo with your council and especially with the individuals your council designates as your city's voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to the League office by September 5. If you have questions, please call Mary McCullough at (916) 658 -8247. Attachments: 2008 Annual Conference Voting Procedures - Voting Delegate /Alternate Form N LEAGUE OF CALIFORNIA ITIE5 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 www.cacities.org Annual Conference Voting Procedures 2008 Annual Conference One City One Vote. Each member city has a right to cast one vote on matters pertaining to League policy. 2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the League Credentials Committee. 3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. We encourage voting delegates and alternates to sign in at the Voting Delegate Desk so that they may receive a special stamp on their name badge and thus be admitted to the voting area at the Business Meeting. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates) and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is not either a voting delegate or alternate. 6. Voting Area at Business Meeting. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission will be limited to those individuals with a special stamp on their name badge identifying them as a voting delegate or alternate. If the city's voting delegate and alternates wish to sit together, all should sign in at the Voting Delegate desk and obtain the special stamps on their badges. 7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting. LEAGUE OF CALIFOPNIA . C T I E J CITY: 2008 ANNUAL CONFERENCE VOTING DELEGATE /ALTERNATE FORM Please complete this form and return it to the League office by September 5, 2008. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. In order to vote at the Annual Business Meeting, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. . Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this special area will be limited to individuals (voting delegates and alternates) who are identified with a special stamp on their conference badge. If your city's voting delegate and alternates wish to sit together at the Business Meeting, they are all encouraged to sign in at the Voting Desk in order to obtain the identifying stamp that will admit them to the special voting area. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE - ALTERNATE Name: Title: 3. VOTING DELEGATE - ALTERNATE Name: Title: PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES. ATTEST (I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate.) Name: Phone: Title: Please complete and return by September 5 to: League of California Cities ATTN: Mary McCullough 1400 K Street Sacramento, CA 95814 Date: FAX: (916) 658 -8240 AC2008 VotingDelegateLetter.doc Tune 17, 2008 ro: STATE, COUNTY AND CITY DFFICIALS R 11Q_ ", V JUN 2 3 2008 CITY OF ROHN Ri PARK 4- �4 Council: F_ Miscellaneous Copy to: S 06 n i 6 Copy to: I NOTIFICATION OF APPLICATIONS BY PACIFIC GAS AND ELECTRIC COMPANY TO RECOVER INCREASED PROCUREMENT COSTS FOR THE REMAINDER OF 2008 AND FORECAST 2009 Each year, Pacific Gas and Electric Company (PG &E) is required to forecast how much it will spend the following year to ensure adequate electricity supplies for its customers, and this forecast is reviewed and approved by the California Public Utilities Commission (CPUC). In addition, under California law, if PG &E's pov✓er procurement costs (that is, the costs of purchasing elect icity for PG &E's customers) exceed the CPUGauthortzed revenues by 59c or more, PG &E must file an application for expedited recovers of such costs. PG &E recovers these costs dollar- for - dollar through rates charged to customers, with no profit margin. On June 10, 2008, PG &E submi led two separate applications with the CPUC to recover its power procurement costs. The first appiicalion (A.O8 -O6 -010) forecasts that by December 31, 2008, PG &E's power procurement costs wiii exceed its CPUC-- auitror,zed revenues by $482 million. This increase in procurement costs is due to higher- than - expected natural gas and electricity prints, lower -than- expected precipitation, and higher - than.- expected electricity sales. PG &E requests that this increase in power procurement costs be collected from customers over a 15 -month period beginning October 1, 2008. The second application (A.08 -06 -011) requests that the CPUC approve PG &E's forecast of its power procurement costs for 2009. s ex pected costs of electricity needed to serve its customers is $4,924 million. PG &E requests that the electric rates designed to recover this amount become effective on or after January 1, 2009. Does this mean electricity will cost me more? . Yes, PG &E's requests in the two applications will increase rates. However, the increase in rates is directly attributable to the higher costs that PG &E must pay to provide electricity to its customers; PG &E does not receive a profit margin from these increased rates or costs. What impact will A.08 -06 -010 have on my electric bills? PG &E's request in A.08 -06 -010 will increase total electric procurement rates by $482 million, to be collected from customers over 15 months beginning October 1, 2008. If the application is approved by the CPUC, rates for bundled customers (those who receive electric generation, transmission, and distribution service from PG &E, will increase by $482 million, or 4.5 percent on average, compared to current rates. In general, rates for direct access customers (those who purchase their electricity from a nor. - utility supplier) will not be subject to change. In addition, PG &E expects that rates to departing, toad customers (who receive electric generation from a non - utility supplier, as well as transmission and distribution service from a publicly -owned utility) will be unchanged. The rate changes by customer class for bundled customers and direct access customers associated with A08 -06 -010 will be provided in a bill insert to be sent directly to customers in July, If the Commission approves PG &E's application, a typical residential customer using 550 kilowatt-hours per month will see the monthly bill change from $72.13 to $73.08, an increase of $0.95 per month. A residential customer using 850 kilowatt-hours per month, which is about twice the baseline allowance, will see the monthly bill change from $148.44 to $155.67, an increase of $7.23 per month. Individual bills may differ. What impact will A.08 -06 -011 have on my electric bills? PG &E's request in A.08 -06 -011 proposes a total electric procurement forecast of $4,924 million, to be collected from customers over the 12 months of 2009. If the application is approved by the CPUC, rates for bundled customers will increase by $681 million, or 6.1 percent on average, and rates for direct access customers will decrease by $0.2 million, or -0.1 percent on average compared to current rates. In addition, PG &E expects to decrease rates to departing load customers by approximately S1 million. The rate changes by customer class for bundled customers and direct access customers associated with A.08 -06 -011 will be provided in a bill insert to be sent directly to customers in July. Please note that, due to CPUC requirements, the rate changes discussed below are compared to Current rates, not the rates that will actually be in effect on December 31, 2008. In other words, if PG &E's request in A.08 -06 -010 (described above) is granted, the percentage rate change on January 1, 2009, from A.08 -06 -011 may be lower than forecast. If the commission "approves PG &E's application, a typical residential customer using 550 kilowatt-hours per month will see the monthly bill change from $72.13 to $73.43, an increase of $1.30 per month. A residential customer using 650 kilowatt -hours per month, which is about twice the baseline allowance, will see the monthly bill change from $148,44 to $158.33, an increase of $9.89 per month. Individual bills may differ. THE CPUC PROCESS The CPUC's Independent Division of Ratepayer Advocates (DRA) will review these applications, analyze the proposals, and present an independent analysis and recommendations for the CPUC's consMeration. Other parties will also participate. The CPUC may hold evidentiary hearings where parties of record present their proposals in testimony and are subject to cross- examination before an Administrative Law Judge (ALJ). These hearings are open to the public, but only those who are parties of record are allowed to present evidence or cross- examine witnesses during evidentiary hearings. After considering all proposals and evidence presented during the hearing process, the CPUC will issue a draft decision for each of the applications. When the CPUC acts on these applications, it may adopt all or part of PG &E's requests, amend or modify them, or deny the applications. The CPUC's final decisions may be different from PG &E's proposals. FOR FURTHER INFORMATION For more details call PG &E at 800 - 743 -5000 Para mas detalles Ilame 800- 660 -6789 o�`,. 800- 893 -9555 For TDDl17 Y(speech- hearing impaired) call 800 -652 -4712 You may contact the CPUC's Public Advisor with comments or questions as follows: Public Advisor's Office 505 Van Ness Avenue, Room 2103 San Francisco, CA 94102 415- 703 -2074 or 866- 849 -8390 (toll free) TTY 415- 703 -5282, TTY 866- 836 -7825 (toll free) E -mail ro publ;c.advisor@cpuc.ca.gov If you are writing a letier to the Public Advisor's Office, please include the number of the application (08 -06 -010 or OB -06 -011) to which you are referring. All comments will be circulated to the Commissioners, the assigned Administrative Law Judge and the Energy Division staff. 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M M _0 is M 0 0 0 IM, MIR 0 0 0 0 CD CD D (D D 0 =03 xai 0 M M 0 0 M 0 M 0 =3 M :3 0 M 0 M 0 =1 M M 0 =3 M M E3 B 3 3 V, w 0 M w 3 3 3 3 9 3 MM @ 0 0 0 M 0 0 M 0 M 0 M 0 11-k C-D CD CD CD (D (D -a -0-0 C-D �11 "V, CD CD CD CD CD M 0 M 0 M 6-6-- CD CD CD CC - MliEl' (D _0 U ;u M :c ;o ;p ;u 0 o -0 c E3 "o -a > > > -n A` am M M M M M > > -0'0'0 > > > -0'0 > > 'a > 'a > 'a > o 0 o 0 o 0 o 0 gg a c 0 M c c c 0 E; 0 0 0 0 0 0 0 0 "0 'a 'D 'a 'D *0 'a 70 SO CD cn E U iD CD -0 E3 MI o -- Igg,�, o o - o - o - o - o - "0 0 0 N =r 0 0 0 0 CD (D M Q) (1) i cn j) (1) (1) W U) V) J) 'D C J) 70 Cn 0 0 0 0 CD CL CD CD CD CD CL CD CL 0- CD CD flf tit. c c: CL sv CL a 0- CL CL a- 0- CD v ff g, IMA 0 CD 0 C D WE, 'NEW 06 N Cl) (1) M 9 M E ou M M X M "n n z O Q 4 00 r- M =1 Cl) 0 Z Page 1 of 1 Lidster, Beth JUN 3 0 From: Harveybell @aol.com CITY OF Sent: Thursday, June 26, 2008 12:14 AM ROHNERT PARK To: Admin Subject: City Council/City Manager - S -Park Tennis Courts To City Council /City Manager, One day when the High School Team had a match this spring, four of us planned to play tennis at a time when all the courts at M -Park would be filled. So, a few days earlier I went on a hunt to find empty courts. The cleanest I could find at that time that were not in use by kids playing tennis were at G -Park. I brought a leaf blower and a broom and we swept the courts before playing. Still, while playing 4 sets, we had to open 3 cans of balls because of the amount of dust and dirt that was picked up by the balls, matting the fuzz and making them less visible for good play in the late afternoon light. was disappointed in what I found as I went from court to court. Most lighting systems had at least one light out. All surfaces needed cleaning, and the worst of all was S -Park. I used to play there regularly. Now, the loose almost pebbly surface in some areas is so slippery and dirty that it would not be fun to try to play there. S -Park is a centrally located set of courts and a logical place for overflow players to go from M -Park when filled. With 4 courts at S -Park there is a better chance of players finding an open court there. With a renovated new surface and fences to be supplied by the RP Tennis Club in between each set of two courts, renewed surfaces would last much longer without the degradation caused by roller bladers, skate boarders and soccer players. 1 understand that there is a proposal in the budget for $80,000 to renovate the 4 S -Park Tennis Courts. Please approve this expense. With more and more new youths and adults playing tennis and the expansion of the game nationwide as well as locally, we are needing another tennis center. We need the 4 S -Park courts to keep people playing a sport that can last for a lifetime. I am not familiar with all the ways to budget moneys, but I was told that possibly Capital Improvement Moneys or Community Development Funds could be used for the S -Park Tennis Court renovation. Whatever the source, I hope you are able to bring S -Park courts back to good playing condition. Thanks for all your efforts for all of us who live here in Rohnert Park. Harvey Bell 700 Lindsay Ave Rohnert Park, CA 94928 (707) 795 -0650 harveybell @aol.com Gas prices getting you down? Search AOL Autos for fuel - efficient used cars. (http:Hautos.aol.com/ used ?ncid= aolaut00050000000007) 6/26/2008 Page 1 of 1 RECEIVED Lidster, Beth JUN 3 0 2008 From: Sherie Breining [sbreining @msn.com] R®HNERT PARK Sent: Saturday, June 28, 2008 11:03 AM To: Admin Subject: Tennis Courts S -Park Attention: City Council /City Manager I play tennis with my husband (just beginning at age 54) and notice RP's courts are in poor condition. I ask that you approve the renovation of 4 tennis courts at S -Park. Can the Capital Improvement Moneys or the Community Development Funds be used for this improvement project? Thank you for your consideration. Please let me know. Sherie Breining 25 year RP Resident in "G" section Introducing Live Search cashback . It's search that pays you back! Try it Now 6/30/2008 RECEIVE ) JUN 3 0 200% CITY OF ROtiNERT P'A'RK June 12, 2008 _ To: STATE, COUNTY AND CITY OFFICIALS NOTIFICATION OF FILING OF PACIFIC GAS & ELECTRIC COMPANY (PG&E) APPLICATION FOR APPROVAL OF ITS 2009 -2011 DEMAND RESPONSE PROGRAMS AND BUDGET The California Public Utilities Commission (CPUC), requires PG &E to file an application for approval of its Demand Response Programs and Budget. PG &E filed an application on June 2, 2008, requesting said approval ( "Application "). What are Demand Response Programs? Demand response programs increase electric reliability and reduce PG &E's total power purchase costs by motivating electric customers to reduce electric usage during high- demand, or peak usage, periods and /or shift electric usage to other periods when electric demand is lower. PG &E's Application proposes a total [11 demand response related revenue [2) requirement of $148.4 million ($48.9 million in 2009; $49.5 million in 2010; and $50.0 million in 2011). PG &E proposes to recover these costs in electric distribution rates from both bundled and direct access customers. The annual revenue requirement increase (as compared to 2008 revenue requirement) is approximately $10.1 million. Bundled customers are customers who receive electric generation as well as transmission and distribution service from PG &E. Direct Access customers are customers who receive transmission and distribution service from PG &E, but purchase electric generation service from third -party energy service providers. Will Electric Rates Increase if the Application is Approved? Yes. Approval of PG &E's proposed 2009 -2011 demand response program revenue requirement will increase electric distribution rates paid by all electric bundled and direct access customers. PG &E expects any rate changes associated with its Application will be consolidated with electric rate changes in other CPUC proceedings. The eventual net change in rates is difficult to predict. Absent other electric rate changes, PG &E's revenue requirement request resulting from this Application would increase average bundled electric rates less than approximately 0.1 percent and would not have a significant impact on individual customers' rates. THE CPUC PROCESS The CPUC's independent Division of Ratepayer Advocates (DRA) will review this Application, analyze the proposal, and present an independent analysis and recommendations for the CPUC's consideration. Other parties of record will also participate. The CPUC may hold evidentiary hearings where parties of record present their proposals in testimony and are subject to cross - examination before an Administrative Law Judge (ALJ). These hearings are open to the public, but only those who are parties of record are allowed to present evidence or cross - examine witnesses during evidentiary hearings. After considering all proposals and evidence presented during the hearing process, the ALJ will issue a draft decision. When the CPUC acts on this Application, it may adopt all or part of PG &E's request, amend or modify it, or deny the Application. The CPUC's final decision may be different from PG &E's proposed Application filing. FOR FURTHER INFORMATION For more details, call PG &E at 1- 800 -PGE -5000. Para mas detalles (lame 1 -800- 660 -6789. iM %Wg W % 1- 800- 893 -9555 For TDD/TTY(speech- hearing impaired), call 1 -800- 652 -4712. You may contact the CPUC's Public Advisor with comments or questions as follows: Public Advisor's Office 505 " Ness Avenue, R!z , Z,—L 3 San Francisco, CA 94102 1- 415 - 703 -2074 or 1- 866 - 849 -8390 (toll free) TTY 1- 415 - 703 -5282, TTY 1- 866 -6W <<F_ 5,(tnll free) E -mail to public.advisor@cpuc.ca.gov If you are writing a letter to the Public Advisor's Office, please include the name of the application to which you are referring. All comments will be circulated to the Commissioners, the assigned ALJ and the CPUC's Energy Division staff. [11 The revenue requirement total includes charges for franchise fees (fees that PG &E pays to cities and counties for the right to use or occupy public streets, roads and ways) and uncollectibles (billed revenues that are unpaid by customers). [2) Revenue is a technical teen used to describe the total amount of money customers pay in rates for the electric and gas service they receive. Council: Miscellaneous Communications A *enda Copy to' Mn Copy to: �. b pit2 ATLANTA, June 24, 2008 — The Home Depot ®, the world's largest home improvement retailer, today expanded its long -term commitment to the environment and sustainability by launching a national in- store, consumer compact fluorescent light (CFL) bulb recycling program at all 1,973 The Home Depot locations. This free service is the first such offering made so widely available by a retailer in the United States and offers customers additional options for making environmentally conscious decisions from purchase to disposal. The Home Depot Canada launched a CFL recycling program in November, 2007. At each The Home Depot store, customers can simply bring in any expired, unbroken CFL bulbs, and give them to the store associate behind the returns desk. The bulbs will then be managed responsibly by an environmental management company who will coordinate CFL packaging, transportation and recycling to maximize safety and ensure environmental compliance. In addition to the CFL recycling program, The Home Depot has also launched an in store energy conservation program to switch Light Fixture Showrooms in U.S. stores from incandescent bulbs to CFLs by Fall 2008 and save $16 million annually in energy costs. The CFL recycling program is an extension of The Home Depot's Eco Options program. Eco Options, launched in April 2007, is a classification that allows customers to easily identify products that have less of an impact on the environment. "The CFL recycling program is another example of how The Home Depot is empowering customers to help make a difference in their own homes, and have less of an impact on the environment," said Ron Jarvis, senior vice president, Environmental Innovation. "With more than 75 percent of households located within 10 miles of a Home Depot store, this program is the first national solution to providing Americans with a convenient way to recycle CFLs." -more- National CFL Recycling cont'd Page 2 Switching from traditional light bulbs to CFLs is an easy change consumers can make to reduce energy use at home. According to the EPA's ENERGY STAR® program, if every American switched out one incandescent bulb to a CFL, it would prevent more than 600 million in annual energy costs and prevent greenhouse gases equivalent to the emissions from 800,000 cars. As the largest retailer of light bulbs in the country, The Home Depot sold over 75 million CFL's in 2007, which saved Americans approximately $4.8 billion in energy costs and 51.8 billon pounds in CO2 greenhouse gases over the life of the bulbs. Other environmental initiatives The Home Depot has implemented since the launch of Eco Options in April 2007 include: • Store recycling program in the U.S. of shrink wrap and mixed plastics, which will result in 50 million pounds of waste diverted from landfills each year. • Internal recycling initiative at corporate headquarters that is projected to increase the amount of recycled materials from 30 percent to at least 65 percent. • Renewed commitment to use transportation partners registered in SmartWay program and ensuring The Home Depot distribution facilities and stores further promote emission reduction. For more information on the CFL Recycling Program or Eco Options, please visit www.homedepot.com/ecooptions. About The Home Depot The Home Depot° is the world's largest home improvement specialty retailer, with 2,262 retail stores in all 50 states, the District of Columbia, Puerto Rico, U.S. Virgin Islands, Guam, 10 Canadian provinces, Mexico and China. In fiscal 2007, The Home Depot had sales of $77.3 billion and earnings from continuing operations of $4.2 billion. The Company employs more than 300,000 associates. The Home Depot's stock is traded on the New York Stock Exchange (NYSE: HD) and is included in the Dow Jones industrial average and Standard & Poor's 500 index. F;1.;1_ For more information, contact: Jean Niemi Sr. Manager - Corporate Communications 770-384-3407 Jean—niemi@homedepot.com Calendar of Events Next Council Meeting July 22, 2008 Wednesday, 7/2 Water Issues Subcommittee meeting 1:00pm Saturday, 7/12 Cotati Kids Day Parade & festival 10am -3pm (guests arrive by 9:30am) Parade Staging area next to City Hall (Jll4 Tuesday, 7/15 Household Toxic Collections 4 -8pm Community Center Parking Lot Wednesday, 7/23 Water Issues Subcommittee meeting Noon Council: X Miscellaneous Communications Agenda: 718108 X 7/2/08 -TG Copy to: Thursday, 7/24 Emergency Meeting of the City Selection Committee Emergency Meeting of the Mayors & Councilmembers Association Board of Directors 6:00pm City Hall Conference Room Saturday, 7/26 Old & New Summer Flea Market 8am -3pm Community Center Thursday, 7/31 LOCC North Bay Division General Membership meeting 6:00pm Reception. 7:00pm Dinner 7:30pm Program Acqua Hotel. 555 Redwood Highway, Mill Valley (TS / Vvm) Friday, 8/1 Hashimoto Ambassador Airi Kobayashi visits City Hall 3:45pm Tuesday, 8/5 National Night Out 4:30- 8:30pm. Community Center Friday, 8/8 Sonoma County Farm Bureau VIP /Legislative BBQ (TS) August 14 Mayors & Councilmembers meeting Santa Rosa [Santa Rosa plans programs] Saturday, 8/23 DPS Explorer Post Pancake. Breakfast & Open House 8-1 lam. 5200 Country Club Drive Saturday, 8/23 Old & New Summer Flea Market 8am -3pm Community Center AGENDA FORECAST Tuesday, July 22, 2008 5:00pm — City Budget Study Session Council: X Miscellaneous Communications Agenda: 718108 X 7/2/08 -TG Copy to: Consent Calendar 2008- Proclaiming Tuesday, 8/5/08, as National Night Out 2008 - Agreement with Sonoma County Water Agency for Administration of the City of Rohnert Park Water Conservation Program funded in Fiscal Year 2007/2008 2008 - Authorizing and Approving a Utilities Agreement with the State of California Department of Transportation for the Highway 101 & Wilfred Avenue Interchange Water System Valve Relocation Project No. 2006 -17 2008 - Approving and Adopting the Plans & Specifications for the Highway 101 & Wilfred Avenue Interchange Water System Valve Relocation Project No. 2006 -17 and Awarding the Contract to 2008- Approving and Adopting the Plans & Specifications for the Copeland Creek Bike Path, City project No. 2006 -11 and Awarding the Contract to 2008 - Authorizing and Approving Task Order No. 2008 -04 with Coastland Civil Engineering for Construction Management Services for the City Center Plaza, Project No. 2006 -02 2008 -Award of Contract for Water Quality Study 2008 - Authorizing the City Manager and /or his Designee to accept on the City's behalf all Interest in Real Property 2008- Authorizing the City Manager and/or his Designee to accept projects and execute Notices of Completion 2008- Authorizing and Accepting a Grant from the Department of Alcoholic Beverage Control for Grant Assistance Program Funds 2008 - Rejecting the Claim of Christopher Reynolds re: Traffic Accident Individual Items Presentation by Global Partners Letter: Santa Rosa Subregional System re: Sewer Capacity Ordinances Matters from Council Council Committee and /or other Reports Economic Development Subcommittee meeting 7/16 — AB/Vvm Water Issues Subcommittee meeting 7/23 — JM/PS Mayors & Councilmembers Association Board of Directors Special meeting 7/24 — JM City Selection Committee meeting 7/24 - JM Other: Cotati Kids Day Parade & Festival 7/12 — JM LOCC North Bay Division General Membership meeting 7/31 — TS/Vvm City Mana:ier's /City Attorney's Reports Community Development Rohnert Park FinancinE Authority 1400 K STREET SACRAMENTO, CA 95814 PH: (916) 658-8200 Px: (916) 658 -8240 ITEM NO. 8 3 Council: X Miscellaneous Communications Agenda: 718108 X 7/2108 -TG Coov to: LEAIGUE OF CALFOMIA CITIES .O RG Please review this memo carefully. New procedures were adopted in 2006 regarding designation of voting delegates and alternates and voting at the Annual Conference. June 13, 2008 TO: Mayors, City Managers and City Clerks RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference — September 24 -27, Long Beach The League's 2008 Annual Conference is scheduled for September 24 -27 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting, scheduled for 8:30 a.m., September 27, at the Long Beach Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. In the event that the designated voting delegate is unable to serve in that capacity, your city may appoint up to two alternate voting delegates. In 2006, the ability to appoint up to two alternates was the result of approval of a League bylaws amendment that increased the number of voting delegate alternates from one to two. Please complete the attached Voting Delegate form and return it to the League's office no later than September 5, so that voting delegate /alternates records may be established prior to the conference. At the conference, voting delegate forms may be returned to the Voting Delegate Desk located in the conference registration area. Please note the following procedures that are intended to ensure the integrity of the voting process at the Annual Business Meeting. • Action by Council Required. Consistent with League bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. At least one must be present at the Business Meeting and in possession of voting card in order to cast a vote. Voting delegates and alternates -more- are requested to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegates Desk. This will enable them to receive the special stamps on their name badges that will admit them into the voting area during the Business Meeting. TrnncfnrrS�.r t/I�F1.,R fin l ti. AT..., Tl.�n;......M.I i...7:..:a....l.. NTC4. A )1..._.,.a T1_- _ _�_ --- naaauaaa.nnaaa� v vmua� e�aan na a.v 1iC111-37c�tsllateu. 111 CA /Yli1UCiis 17 iD 1. tX11V Vi'CU. lilt V.V liiig card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • New Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special. stamp on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together; they should be sure to sign in at the Voting Delegate desk and obtain the special stamps on their badges. The Voting Delegate desk in the conference registration area will be open September 24, 25 and 26, and prior to the Business Meeting on September 27. The conference registration area will open at 12:00 p.m., on September 24, at the Long Beach Convention Center. The Voting Delegate desk will also be open at the Business Meeting, but not during a roll call vote, should one be undertaken. The voting procedures that will be used at the conference are attached to this memo. Please share it and this memo with your council and especially with the individuals your council designates as your city's voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to the League office by September 5. If you have questions, please call Mary McCullough at (916) 658 -8247. Attachments: • 2008 Annual Conference Voting Procedures • Voting Delegate /Alternate Form I i LEAGUE 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 N111he"tI,%�_ OF CALI FORM lA www.cacities.org CITUES Annual Conference Voting Procedures 2008 Annual Conference 1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to League policy. 2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the League Credentials Committee. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. We encourage voting delegates and alternates to sign in at the Voting Delegate Desk so that they may receive a special stamp on their name badge and thus be admitted to the voting area at the Business Meeting. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates) and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is not either a voting delegate or alternate. 6. -Voting Area at Business Meeting. At the Business. Meeting, individuals with the voting card will sit in a separate area. Admission will be limited to those individuals with a special stamp on their name badge identifying them as a voting delegate or alternate. If the city's voting delegate and alternates wish to sit together, all should sign in at the Voting Delegate desk and obtain the special stamps on their badges. 7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting. LEAGUE OF CALIFOCIA C I T I ES CITY: 2008 ANNUAL CONFERENCE VOTING DELEGATE /ALTERNATE FORM Please complete this form and return it to the League office by September 5, 2008. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. In order to vote at the Annual Business Meeting, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this special area will be limited to individuals (voting delegates and alternates) who are identified with a special stamp on their conference badge. If your city's voting delegate and alternates wish to sit together at the Business Meeting, they are all encouraged to sign in at the Voting Desk in order to obtain the identifying stamp that will admit them to the special voting area. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name: Title: Title: PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES. ATTEST (I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate.) Name: Phone: Title: Date: Please complete and return by September 5 to: League of California Cities ATTN: Mary McCullough FAX: (916) 658 -8240 1400 K Street Sacramento, CA 95814 AC2008 VotingDelegateLettendoc to 'Its ts 5` t b V 5` \` i' i 7 rim _1 C N (� T a° N i 00 O O O N a) a-+ m L. 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M _(n U) (n � N d v, d 0) N ° U co 0 mot' M M :". . O E 0 4W U A U O w ti 0,1 w w N N co d In I dam' ct m cM d L LO m co It U) M co It LO co co co d LO � O lL O U c6 0 c cn O C o co t6 p y co c ++ O (1) N O O y Oo cu cu cc O a O _ Q O) 2:1 cu U) LU C E v� 01 c �, > +�+ -. > s= o o a o U co O ((� Q cB .1.+ O U 4, 0 L w N D O to d U i rn �Q N� O� C� co a o Qi (a N Co cr- I O O O J OL N y O O i N CL O U O ca ca s= Q �, O 4 N > cc a O U M ° _ ° 0 L L CD `` O 0: U) M 3 �Q- cu U LO O �S �o cu =o N cc `cu C 'Ln L Z rins N I Talifurnia �fatv �5,Cnate ALEX PADILLA SENATOR, 20TH DISTRICT SEIy9Tt� coVo June 9, 2008 Dear Colleagues: DECEIVED JUN 17 2008 CITY OF ROHNERT PARK ITEM NO. 8(5) Council: X Miscellaneous Communications Agenda: 718108 X 7/2/08 -TG Copy to: California should be the national leader in the fight against obesity. Each year, approximately 60,000 Californians become obese or overweight, conditions which significantly lead to diabetes, hypertension, and other chronic diseases. Last year, I authored legislation (SB 120) that would have required nutritional information on menus and menu boards of large chain restaurants. While the Legislature voted for the bill and 84% of California's registered voters polled supported the measure, it was vetoed by Governor Schwarzenegger. I recently introduced SB 1420 which, once again, seeks to require restaurants with 15 or more locations in California to provide nutrition information on menus and menu boards. Recently, the United States District Court ruled that New York City's menu - labeling law is legal, appropriate, and in the public interest. All restaurant chains in New York City with 15 or more locations are now required to post calorie information on menu boards — similar to the provisions of SB 1420. Restaurants such as Starbucks, Jamba Juice, Quizno's, Subway, Johnny Rocket's, IHOP and Chipotle have begun to comply. Last month, the Los Angeles County Department of Public Health released a first- of -its- kind study showing that posting calorie information on restaurant menus and menu boards could have a sizable ,impact on the obesity epidemic, even with modest changes in consumer behavior. The study found that if just 10% of restaurant patrons ordered reduced - calorie meals (average reduction of 100 calories per meal) as a result of the calorie information, it would result in a 40% decrease in the annual weight gain in the county population. Knowledge is power in the right against obesity. I respectfully request your support for SB 1420. Attached please find a picture of a New York City Starbucks menu board CAPITOL OFFICE: STATE CAPITOL, ROOM 4032 • SACRAMENTO, CA 95814 • TEL (916) 651 -4020 • FAX (916) 324 -6645 gQS� DISTRICT OFFICE: 6150 VAN NUYS BLVD., SUITE 400 • VAN NUYS, CA 91401 • TEL (818) 901 -5588 • FAX (818) 901 -5562 complying with-menu- labeling, a sample resolution if you would like to support this measure, as well as the executive summary of the Los Angeles County Department of Public Health study. The full report is available at www.publichealth.lacounty.gov. If you have any questions, please feel free to call me at (916) 651 -4020. Sincerely, Senator Alex Padilla Sample Resolution in Support of SB 1420 Whereas, Obesity rates in adults doubled over the last twenty years -- currently, two - thirds of American adults (65 %) are overweight or obese and the percentage of seriously overweight children tripled in the past two decades (from 4% to 15 %); and Whereas, Obesity is a major risk factor for many health problems, including heart disease, which is the leading cause of death in the United States, diabetes; and some cancers; and Whereas, Since 1994, pursuant to the Nutrition Labeling and Education Act (NLEA), food manufacturers have been required to provide nutritional information on nearly all packaged foods. However, the NLEA explicitly exempts restaurants; and Whereas, In 1970, Americans spent just 26% of their food dollars on foods prepared outside the home, like restaurant meals; today the amount is 46 %; and Whereas, At most restaurants, people can only guess the nutritional quality of the food. Larger portions, higher calories and fat and lack of nutritional information have become a huge problem for the health of today's Americans; and Whereas, Studies have found a positive association between eating out and higher caloric intakes and body weights. For example, children eat almost twice as many calories when they eat a meal at a restaurant (770 calories) as at home (420 calories); and Whereas, Recognizing the need for consumers to have the information they need to make healthier choices when eating out, State Senator Alex Padilla (D- Pacoima) has introduced SB 1420; and Whereas, SB 1420 would require chain restaurants with 15 or more outlets in California to provide nutritional information per item on printed menus and menu boards; and Whereas, The United States District Court recently ruled that New York City's, menu- labeling ordinance — similar to the provisions of SB 1420 —is legal, appropriate, and in the public interest; and Whereas, New York City is already implementing a menu - labeling ordinance, as major food retailers have begun posting calorie counts on menu boards; and SB 1.420 is an important step in giving consumers the information they need to make healthier food choices. Consumers have the right to know the nutritional content of restaurant meals; and now, therefore be it Resolved, that the City /County of XXX will write a letter to the California legislature stating their support of SB 1420. Menu Labeling as a Potential Strategy for Combating the Obesity Epidemic A Health Impact Assessment Paul Simon, Christopher J. Jarosz, Tony Kuo, and Jonathan E. Fielding Executive Summary Mandated posting of calorie information on menus and menu boards at fast food and other large chain restaurants has garnered growing public and legislative support as a. potential strategy for addressing the obesity epidemic. However, no studies to our knowledge have sought to quantify the potential impact of this strategy on the epidemic. To address this gap, we conducted a health impact assessment of menu labeling, as proposed in California's Senate Bill 120 in 2007 and in the current Senate Bill 1420, on the obesity epidemic in Los Angeles County. Data on population weight gain from the California Department of Education Physical Fitness Testing Program and the Los Angeles County Health Survey were used to quantify the obesity epidemic in Los Angeles County. Additional data to estimate the number of meals served annually at large chain restaurants in the county, the percentage of restaurant patrons that would order reduced calorie meals as a result of.menu labeling, and the amount of calorie reductions that would result from patron response to calorie postings were examined, using published and unpublished data sources. Multiple scenarios of restaurant patron response to calorie postings were examined to estimate a plausible range of impacts of menu labeling on the obesity epidemic. Using conservative assumptions that calorie postings would result in 10% of large chain restaurant patrons ordering reduced calorie meals, with an average reduction of 100 calories per meal, and no compensatory increase in other food consumption, menu What is a Health 1tllpdCt Assessment? labeling would avert 38.9% of the 6.75 million pound average annual weight gain in the county A health impact assessment is acombmai'ion of procedures methods, population aged 5 years and older. Substantially and tools by which a policy, program, or protect.maybe judged in larger impacts would be realized if higher terms of its - potential effects on ;the health of a popu lation and the percentages of restaurant patrons ordered distnbution of tho e population, se effects withrn th reduced calorie meals or average per meal calorie t :Health Impact Assessment Main Concepts arrd Suggested: Approach. reductions increased. These findings suggest anisseis, Belgium: European Centre. for. Health Policy. World" Health that mandated menu labeling at fast food and Paper... Regional Office for Europe: :1999.. Gothenburg Consensus other large chain restaurants could have a sizable salutary impact on the obesity epidemic, even with Available at: http!/wwweu.ro who.int/ document /PAE /Gothenburgpaperpdf. Accessed March "25 2408; only modest changes in consumer behavior. oz Green Tea 1 3.85 370 Cal 4.45 490 Cal 5.05:6.5( TAZO "' TEA & CLASSICS: TALL IG fL OZ GRAN'E ;E FL OZ VENT[.?n F1 � a x Green Tea Latte 1 3.50 170 Cal 4.05 240 Cal 4.35 300-. Chai Tea Latte 1 3.50 180 Cal 4.05 240 cal 4.35 300' Hot Chocolate 1 2.85 290 Cal 3.10 370 Cal 3.35 460„ Kids' Cocoa I 1.50 8A oz 210 cal 1 Y 1 } ; -ZNDED CREME =r; & creme . . 3.85 370 cal 4 4 45 470 CAI 5 5 05 65> Strawberries & 1 3.30 340 Cal 3 3.90 470 Cal Chai Tea 1 1 3.85 340 Cal 4 4.45 440 Cal 5 5.-05.5,8,(. TAZO "' TEA & CLASSICS: TALL IG fL OZ GRAN'E ;E FL OZ VENT[.?n F1 � a x Green Tea Latte 1 3.50 170 Cal 4.05 240 Cal 4.35 300-. Chai Tea Latte 1 3.50 180 Cal 4.05 240 cal 4.35 300' Hot Chocolate 1 2.85 290 Cal 3.10 370 Cal 3.35 460„ Kids' Cocoa I 1.50 8A oz 210 cal 1 Y 1 } AMENDED IN SENATE MAY 13, 2008 SENATE BILL No. 1420 Introduced by Senators Padilla and Migden (Principal coauthor: Assembly Member DeSaulnier) (Coauthors: Senators Alquist, Cedillo, and Romero) February 21, 2008 An act to add Section 114094 to the Health and Safety Code, relating to food facilities. LEGISLATIVE COUNSEL'S DIGEST SB 1420, as amended, Padilla. Food facilities: nutritional information. The California44ftiform Retail Food Code provides for the regulation of health and sanitation standards for retail food facilities by the State Department of Public Health. Under existing law, local health agencies are primarily responsible for enforcing GURFFE this code. A violation of any of these provisions is punishable as a misdemeanor. This bill would require each food facility in the state that meets specified criteria to provide nutritional information that includes, per standard menu item, the total number of calories, grams of carbohydrates, grams of saturated fat, grams of trans fat, and milligrams of sodium. It would also require the menu boards to include the total number of calories for each listed item. The bill would provide that, on and after July 1, 2009, a food facility that violates the provisions of the bill is guilty of an infraction, and would specifically provide that a violation of these provisions is not a misdemeanor. By creating an infraction and adding a new local enforcement duty, this bill would impose a state - mandated local program. 98 SB 1420 2 The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. xx7; +b.. rd to otile ra.,+ +t, :„ 1.;11 . ,1a :a„ +L-+ : -c+i,- T V IL11 regard U LV Lilly V L11L1 111a11UCLLLJ, U113 U111 W V UW pl u v iUL mat, ix ui%, Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Vote: majority. Appropriation: no. Fiscal committee: yes. State - mandated local program: yes. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The people of the State of California do enact as follows: SECTION 1. The Legislature hereby finds and declares all of the following: life. (a) Researeh eontinttes to feveal the strong littk between die and health, and that diet-related diseases staft early in (a) Over the past two decades, there has been a significant increase in the number of meals prepared or eaten outside the home, with an estimated one -third of calories being consumed in, and almost one -half of total food dollars being spent on, food purchased from or eaten at restaurants and other food facilities. (b) Increased caloric intake is a key factor contributing to the alarming increase in obesity in the United States. According to the Centers for Disease Control and Prevention, two- thirds of American adults are overweight or obese, and the rates of obesity have tripled in children and teens since 1980. (c) Obesity increases the risk of diabetes, heart disease, stroke, some cancers, and other health problems. eonstmers who are dealing VVIL11 %linkJ111%, diseases like eardiovasettlar disease and diabetes.- (e) Over the past two deeades, there has been a signifieatt in the nunther of meals prepared or eaten ottside--the home, with an estimated - +1 a of ealories a almost -i_ it (46 pereent) of total food dollars being spent on food purehase from or eaten at restattrants and other food faeilities. (d) Broader availability of nutrition information regardingfoods served at restaurants and other food service establishments would 98 -3— SB 1420 1 allow customers to make more informed decisions about the food 2 they purchase. 3 (4) 4 (e) Three- quarters of American adults report using food labels 5 on packaged foods, which are required by the federal Nutrition 6 Labeling and Education Act of 1990. 7 ()9 Availability of nutrition information regarding restaurant 8 food assists consumers who are monitoring their diets or dealing 9 with chronic diseases'such as cardiovascular disease and diabetes. 10 (g) Consumers should be provided with point of purchase access 11 to nutritional information when eating out in order to make 12 informed decisions involving their health and diet. 13 (h) It is the intent of the Legislature to provide consumers with 14 better access to nutritional information about prepared foods sold 15 at food facilities so that consumers can understand the nutritional 16 value of available foods. 17 SEC. 2. Section 114094 is added to the Health and Safety Code, 18 to read: 19 114094. (a) Each food facility in this state that operates under 20 common ownership or control with at least 14 other food facilities 21 with the same name in the state that offer for sale substantially the 22 same menu items, or operates as a franchised outlet of a parent 23 company with at least 14 other franchised outlets with the same 24 name in the state that offer for sale substantially the same menu 25 items, shall make nutritional information available to consumers 26 for all standard menu items. This information shall include, but 27 not be limited to, all of the following, per standard menu item, as 28 usually prepared and offered for sale: 29 (1) Total number of calories. 30 (2) Total number of grams of saturated fat. 31 (3) Total number of grams of trans fat. 32 (4) Total number of grams of carbohydrates. 33 (5) Total number of milligrams of sodium. 34 35 standard metitt shall provide the nut-fitional information t1ext to 36 (b) The nutrition information required in subdivision (a) shall 37 be provided next to each item on the menu in a size and typeface 38 that is clear and conspicuous. A page of the menu shall include, 39 in a clear and conspicuous manner, the following statement: 40 "Recommended limits for a 2,000 calorie daily diet are 20 grams 98 [ - . Ann 30 JL4ZU —4— 1 of saturated fat and 2,300 milligrams of sodium." If the food 2 facility also uses a menu board, the food facility may limit the 3 nutritional information listed on the menu board to the total number 4 of calories per item in a size and typeface that is clear and 5 conspicuous. C, t..l 1; —J, 4-,..� F ;1;4— A ;]. -,l L a; i � 4.1-- . _i_ , kv) Luvii iuw, auilllly uwvrluClu ill sUuUlvi31vu ta) uiai uScS unly 7 a menu board shall provide on the menu board the total number 8 of calories per item in a size and typeface that is clear and 9 conspicuous. This type of food facility shall, upon request, make 10 the other nutritional information described in subdivision (a) 11 available to consumers in writing at the point of sale. 12 (d) Menus and menu boards may include a disclaimer that 13 indicates that there may be minimal variations in nutritional content 14 across servings, based on slight variations in overall size and 15 quantities of ingredients, and based on special ordering. 16 (e) The nutritional information required by this section shall be 17 based upotl a verifiable analysis of the merfu item, whieh may 18 ineittde the use of trdtrient databases, laboratoty testing, or othe 19 reliable methods of analysis-. determined on a reasonable basis. 20 For purposes of this section, "reasonable basis" means any 21 reasonable means of determining nutrition information for a 22 standard menu item, as recognized by the federal Food and Drug 23 Administration, including, but not limited to, nutrient databases 24 and laboratory analyses. A reasonable basis determination of 25 nutrition information shall be required only once per standard 26 menu item, provided that portion size is reasonably consistent and 27 the covered food facility follows a standardized recipe and trains 28 to a consistent method of preparation. 29 (f) Notwithstanding Section 113789, for purposes of this section, 30 food facility does not include any of the following: 31 (1) Certified farmers' markets. 32 (2) Commissaries. 33 (3) Grocery stores, except for separately owned food facilities 34 to which this section otherwise applies that are located in the 35 grocery store. For purposes of this paragraph, "grocery store" 36 means a store primarily engaged in the retail sale of canned food, 37 dry goods, fresh fruits and vegetables, and fresh meats, fish, and 38 poultry. "Grocery store" includes convenience stores. 39 (3) 40 (4) Licensed health care facilities. 98 5— SB 1420 1 (4) 2 (5) Mobile support units. 3 (3) 4 (6) Public and private school cafeterias. 5 (6) 6 (7) Restricted food service facilities. 7 e 8 (8) Temporary food facilities. 9 (8) 10 (9) Vending machines. 11 Groeefy stores, 12 to �1q� this si eetion otherwise ise annhes that are lo....te the 13 " 14 , 15 , and f-resh and prepafed 16 . 17 (g) For purposes of this section, a standard menu item does not 18 include food items that are on the menu for less than six months, 19 condiments, other items placed on the table or counter for general 20 use without charge -aid, alcoholic beverages, or packaged foods 21 otherwise subject to the nutrition labeling requirements of the 22 federal Nutrition Labeling and Education Act of 1990. 23 (h) Commencing July 1, 2009, a food facility that violates this 24 section is guilty of an infraction, punishable by a fine of not less 25 than fifty dollars ($50) or more than five hundred dollars ($500), 26 which may be assessed by a local enforcement agency. However, 27 a food facility may not be found to violate this section more than 28 once during an inspection visit. Notwithstanding Section 113395 29 114395, a violation of this section is not a misdemeanor. 30 (i) If any provision of this section, or the application thereof, is 31 for any reason held invalid, ineffective, or unconstitutional by a 32 court of competent jurisdiction, the remainder of this section, shall 33 not be affected thereby, and to this end, the provisions of this 34 section are severable. 35 SEC. 3. No reimbursement is required by this act pursuant to 36 Section 6 of Article XIIIB of the California Constitution for certain 37 costs that may be incurred by a local agency or school district 38 because, in that regard, this act creates a new crime or infraction, 39 eliminates a crime or infraction, or changes the penalty for a crime 40 or infraction, within the meaning iof Section 17556 of the 98 SB 1 Government Code, or changes the definition of a crime within the 2 meaning of Section 6 of Article XIII B of the California 3 Constitution. 4 However, if the Commission on State Mandates determines that 5 this act contains other costs mandated by the state, reimbursement ti to local � 11 x..1,....1 .1i -ricts P r tl,— ��� � —11 I— —A- L V V SVILLl LLge11ii3eJ a13U JLi1VV1 U1J Li IlJLJ iVi L11VJ4+ LVJLJ 01J."11 L'L' 111"u" 7 pursuant to Part 7 (commencing with Section 17500) of Division 8 4 of Title 2 of the Government Code. 0 98 BILL ANALYSIS SENATE HEALTH COMMITTEE ANALYSIS Senator Sheila J. Kuehl, Chair BILL NO: SB 1420 S AUTHOR: Padilla B AMENDED: As introduced HEARING DATE: March 26, 2008 1 FISCAL: Appropriations 4 CONSULTANT: 2 Park/sh 0 SUBJECT Food facilities: nutritional information SUMMARY This bill requires food facilities, as defined, to make specified nutritional information available to customers. CHANGES TO EXISTING LAW Existing federal law: Existing federal law establishes the Nutrition Labeling and Education Act, which requires all packaged foods sold outside of restaurants to include nutritional content information on the packaging. Existing federal law also requires restaurants to provide nutritional content information on food items for which a nutrient or health- related claim is made by the restaurant. Existing state law: Existing state law establishes the California Retail Food Code (CRFC), which imposes various health and safety requirements on restaurants, and makes violations of these requirements subject to criminal penalties. CRFC establishes the authority of local environmental health Continued - -- STAFF ANALYSIS OF SENATE BILL 1420 (Padilla) Page 2 iurisdictions to adopt a food safety inspection program with oversight by the State Department of Public Health. This bill: This bill would require each food facility that shares the same trade name with at least fourteen other food facilities in the state, regardless of ownership, to make nutritional information available to consumers for all standard menu items, defined as items that are on a menu for six months or longer, exclusive of condiments, alcoholic beverages, and other items placed on a table or counter for general use without charge. The nutritional information that would be required would include, but not be limited to, total calories, saturated fat, trans fat, carbohydrates and sodium. The bill would also require a conspicuous statement regarding recommended limits for saturated fat and sodium in a 2,000 calorie daily diet on each page of a menu. Food facilities that use only a menu board would be required to provide, on the menu board, the total number of calories per item and to make the nutritional information, mentioned above, available upon request, in writing, and at the point of sale. Food facilities that use a menu board in addition to a printed menu would be allowed to limit the nutritional information listed on the menu board to the total number of calories per item. The bill would require nutritional information to be based on verifiable analyses and would allow certain disclaimers to be provided on menus and menu boards. The bill would exempt certified farmers' markets, commissaries, licensed health care facilities, mobile support units, public and private school cafeterias, restricted food service facilities, temporary food facilities, vending machines, and grocery stores, as specified, from the provisions of the bill, and would provide for enforcement and penalties. FISCAL IMPACT According to the Assembly Appropriations Committee analysis of a similar measure, the bill would result in one -time costs in excess of $100,000 for the Department of Public Health to develop regulations to clarify implementation and STAFF ANALYSIS OF SENATE BILL 1420 (Padilla) Page 3 enforcement, and on -going annual costs of approximately $100,000 to maintain and update the list of applicable restaurants and to monitor local enforcement activities. BACKGROUND AND DISCUSSION Purpose of the bill The author believes that, because Americans are increasingly relying on restaurants for their meals, it is vital that nutrition information be available at the point of purchase in order that consumers may make an informed decision. The author posits that few people would guess that a tuna salad sandwich from a typical deli has 50 percent more calories than a roast beef sandwich with mustard; that a small milkshake has more calories than a Big Mac; or that the barbecue ribs on a children's menu has fewer calories than chicken nuggets. The author further highlights that appetizers and desserts can account for more than half of one's daily calorie intake, such as a slice of carrot cake from the Cheesecake Factory (at 1,560 calories), or a caf? mocha and pastry from Starbucks (at 1,000 calories). The author states that Americans rank nutrition second only to taste in determining their food purchases and that studies have found that consumers make more healthful choices when nutrition information is placed directly on the menu. The author underscores that basic nutritional information is extremely important to consumers who are dealing with chronic diseases like heart disease and diabetes, and believes that this measure is an important step in fighting the growing obesity epidemic. Eating out Studies have shown that eating out more frequently is associated with obesity, higher body fat or higher BMI, and that eating more fast -food meals is linked to eating more calories, more saturated fat, fewer fruits and vegetables, and less milk. According to a report issued by the Center for Science in the Public Interest (CSPI) in 2003, Americans spent about 46 percent of their food dollars at restaurants (source: National Restaurant Association), compared with 26 percent in 1970. According to the USDA, calories consumed at restaurants (or away- from -home foods) as a part of the diet STAFF ANALYSIS OF SENATE BILL 1420 (Padilla) Page 4 had doubled from 18 percent to 34 percent by 1995. Obesity epidemic Obesity has reached epidemic proportions in the United States, affecting one -third of all adults, 27 percent of children, and 21 percent of adolescents. Former Surgeon General David Satcher has stated that, "Overweight and obesity may soon cause as much preventable disease and death as cigarette smoking." A recent RAND study (March, 2002) reported that, "The health risks of obesity [are] worse than smoking, drinking or poverty." The study reports that obesity is linked to higher medical costs and very high rates of chronic illnesses, higher than living in poverty, and much higher than smoking or drinking. In some school districts in California, 50 percent of the students are overweight. Overweight youth face increased risks of many serious health problems that, traditionally, have not commonly occurred during childhood, including type 2 diabetes, high blood pressure, arthritis, and osteoporosis. More than 80 percent of obese adolescents remain obese as adults, with even more severe consequences, including higher risks of heart disease and cancer. California Obesity Prevention Plan In September 2006, the Department of Health Services released the California Obesity Prevention Plan to serve as a guide for each sector of society to take part in creating the shift to healthy eating and active living. The plan identifies recommendations for action for all sectors to make sustainable changes in physical activity and food environments. The plan organized strategic actions around four goals, including "supporting local assistance grants and implementing multi- sectoral policy strategies to create healthy eating and active living community environments." (Goal 3) Within the framework of this larger goal, the plan recommends posting calorie information per serving on all menus and menu boards at restaurants and encourage healthy food options on all menus. Governor's veto In October 2007, Governor Schwarzenegger vetoed SB 120 (Padilla), a measure identical to this one. The veto STAFF ANALYSIS OF SENATE BILL 1420 (Padilla) Page 5 message stated: As written, SB 120 would place burdens and costs upon some restaurant owners while imposing no burdens or costs on others. In addition, this bill provides restaurants with little flexibility for how they provide consumers with nutritional information. From brochures to tray liners, many restaurants are responding to consumer demand by providing nutritional information to their customers in a variety of ways. Further, more and more companies are making detailed information available online, allowing consumers to compare one restaurant's healthy dining options to another. Inflexible mandates applied sporadically are not an effective way to continue our progress in educating Californians about healthy living. Restaurants throughout California have demonstrated that they are committed to working with me to promote this goal. In vetoing this bill, I am calling upon the restaurant community to reiterate this commitment and continue to work with me, the proponents of this bill, and all Californians in developing effective ways to promote healthy dining options. Related legislation AB 2572 (Parra) of 2008 would require chain restaurants with more than 20 locations in California to disclose prescribed nutrition information for standard food items by several methods within the facility. The bill would allow food facilities to provide calorie information only under specified circumstances. The bill would provide for enforcement and penalties after January 1, 2010. Pending in Assembly Health. SB 120 (Padilla) of 2007 was identical to this measure. Vetoed by the Governor. SB 180 (Migden) of 2007 would have required a food facility to make nutritional information available to the consumer upon request. These provisions were amended out of the bill. STAFF ANALYSIS OF SENATE BILL 1420 (Padilla) Page 6 Prior legislation SB 679 (Ortiz) of 2003 would have required restaurants to make nutritional information immediately available to customers, upon request, in a take -away form, and post a sign stating that the information is available. This bill failed passage in the Assembly Health Committee. SB 1171 (Ortiz) of 2004 would have required restaurants to make nutritional information immediately available to customers, upon request, in a take -away form, and post a sign stating that the information is available. The bill was never heard. Arguments in support Supporters like the California Center for Public Health Advocacy and the American Cancer Society write that people need access to nutritional information to make informed choices about diets. Supporters believe that, without the type of information that SB 1420 provides, people are forced to guess about a food's nutritional content, and those guesses are often wrong. They believe the bill ensures that barriers to information are minimized and that consistency would exist across facilities. The Alameda County Board of Supervisors and the Berkeley City Council write that approximately two - thirds of the largest chain restaurants do not provide any nutritional information about their foods and that the current system of voluntary labeling at restaurants is inadequate given the large role that restaurant foods play in Americans' diets. The California Medical Association (CMA) writes that obesity results from a complex interaction of many dynamics- socio- economic, environmental, cultural, genetic, and physiological, and, therefore, no individual approach is enough. CMA states that, in addition to counseling patients about the importance of healthy eating and exercise, arming consumers with more information about the nutritional value of food they consume outside the home is an appropriate way to address the obesity epidemic. Arguments in opposition Several restaurants and individuals write that this measure STAFF ANALYSIS OF SENATE BILL 1420 (Padilla) Page 7 does not take into consideration the realities and impracticality of a one - size - fits -all menu labeling mandate. Some opponents instead support a competing measure, AB 2572 (Parra), which would apply to chain restaurants of 20 or more and would allow restaurants to provide information to their consumers in the ways they believe work best for both their customers and the restaurant. The California Retailers Association and the California Restaurant Association, which support AB 2572 (Parra), state that many California restaurants already provide nutritional information to their customers, and that, while they share the goal of this measure, they disagree on the "mechanics." The California Chamber of Commerce (CalChamber) writes that providing nutritional information on all foods served is impractical as there are hundreds, if not thousands, of possible combinations of foods that can be ordered in restaurants. CalChamber also states that, while experts acknowledge that obesity is a function of how much an individual consumes in relation to how much physical activity is undertaken, responsibility still lies with the individual, and that providing nutritional information will not prevent obesity. CalChamber also writes that it will be costly for restaurants to determine the nutritional content of every menu item and have their menus reprinted, and that some of these costs will likely be passed on to the consumer or result in fewer offerings. The California Alliance for Consumer Protection believes that this measure should not be limited to chain restaurants. POSITIONS Support: California Center for Public Health Advocacy (sponsor) Alameda County Board of Supervisors American Cancer Society American College of Cardiology, California Chapter American Heart Association American Federation of State, County and Municipal Employees STAFF ANALYSIS OF SENATE BILL 1420 (Padilla) Page 8 Berkeley City Council California Association for Health, Physical Education, Recreation and Dance California Center for Public Health Advocacy California Chiropractic Association California Medical Association California Nurses Association California Optometric Association (co- sponsor) Catholic Healthcare West California WIC Association Consumer Federation of California Dental Health Foundation Gray Panthers, California Health Officers Association of California Latino Coalition for a Healthy California Lucile Packard Children's Hospital Marin County Board of Supervisors PolicyLink Prevention Insitute Roll International Stanford Hospital & Clinics Stanford School of Medicine St. Joseph Health System Strategic Alliance for Healthy Food and Activity Hundreds of individuals Oppose: California Alliance for Consumer Protection CalChamber California Restaurant Association California Retailers Association Councilmember Jerry Duncan, City of Fresno International Franchise Association Rodrick Management Group Rubio's Fresh Mexican Grill Wendy's International, Inc. Hundreds of individuals -- END -- BILL ANALYSIS SB 1420 Page 1 Date of Hearing: June 17, 2008 ASSEMBLY COMMITTEE ON HEALTH Mervyn M. Dymally, Chair SB 1420 (Padilla) - As Amended: May 13, 2008 SENATE VOTE : 21 -17 SUBJECT : Food facilities: nutritional information. SUMMARY : Requires each food facility in this state that operates under common ownership or control with at least 14 other food facilities with the same name, or operates as a franchised outlet of a parent company with at least 14 other franchises with the same name, and which sell substantially the same menu items, to disclose to consumers specified nutritional information for all standard menu items. Specifically, this bill : 1)Requires the information for each standard menu item to include, but not be limited to, the total number of the following: a) Calories; b) Grams of saturated fat; c) Grams of trans fat; d) Grams of carbohydrates; and, e) Milligrams of sodium. 2)Requires the nutritional information specified in #1) above to be provided next to each menu item in a clear and conspicuous size and typeface. Requires a page of the menu to clearly and conspicuously disclose the following statement: "Recommended limits for a 2,000 calorie daily diet are 20 grams of saturated fat and 2,300 milligrams of sodium." 3)Permits a food facility, if it also uses a menu board, to limit the nutritional information listed on the menu board to the total number of calories per item in a clear and conspicuous size and typeface. 4)Requires each food facility that only uses a menu board to disclose on the menu board the total number of calories per item in a clear and conspicuous size and typeface. Requires this type of food facility to furnish, upon request, the other nutritional information specified in #1) above to consumers in SB 1420 Page 2 writing at the point of sale. 5)Permits menus and menu boards to include a disclaimer indicating that there may be minimal variations in nutritional content across servings, due to slight variations in overall size and quantities of ingredients, and due to special ordering. 6)Requires the nutritional information specified in #1) above to be determined on a reasonable basis. Defines "reasonable basis" as any reasonable means of determining nutritional information for a standard menu item as recognized by the federal Food and Drug Administration (FDA), including, but not limited to, nutrient databases and laboratory analyses. Requires a reasonable basis determination of nutrition information to be done only once per standard menu item, as specified. 7)Exempts from the requirements of this bill certified farmers' markets, commissaries, grocery stores, including convenience stores, licensed health care facilities, mobile support units, public and private school cafeterias, restricted food service facilities, temporary food facilities, and vending machines. 8)Excludes from this bill food items that are on the menu for less than six months, condiments, other items placed on the table or counter for general use without charge, alcoholic beverages, or packaged foods otherwise subject to federal nutritional labeling requirements. 9)Makes a violation of this bill an infraction punishable by a maximum fine of $500 for each violation that may be assessed by a local enforcement agency, commencing July 1, 2009. Prohibits making a violation of this bill a misdemeanor. 10)States that the provisions of this bill severable. I I)Makes legislative findings and declarations on the importance of nutritional information to enable customers to make more informed decisions about their health and diet. EXISTING FEDERAL LAW establishes the Nutrition Labeling and Education Act (NLEA) of 1990, which requires all packaged foods sold outside of restaurants to disclose nutritional content information on the packaging and requires restaurants to provide nutrition information for any food or meal for which a nutrient SB 1420 Page 3 content or health claim is made. EXISTING STATE LAW : 1)Establishes the California Retail Food Code (CRFC), which, effective July 1, 2007, repeals the California Uniform Retail Food Facilities Law, and recasts, expands, and revises its provisions into the CRFC to govern all aspects of retail food safety and sanitation in California. 2)Requires the Department of Public Health (DPH) to adopt regulations to implement and administer CRFC and makes local environmental health departments (LEHDs) primarily responsible for enforcing CRFC through food safety inspection programs. 3)Authorizes LEHDs to inspect food facilities, issue and suspend permits, conduct hearings, take samples or other evidence, impound food or equipment, and issue inspection reports. 4)Defines "food facility," for purposes of permitting and enforcement, as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. Includes in this definition permanent and nonpermanent food facilities, including, but not limited to: a) public and private school cafeterias; b) restricted food service facilities; c) licensed health care facilities; d) commissaries; e) mobile food facilities; f) mobile support units; g) temporary food facilities; h) vending machines; and, i) certified farmers' markets. FISCAL EFFECT : According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. COMMENTS : 1)PURPOSE OF THIS BILL . The sponsors of this bill, the American Heart Association, the California Center for Public Health Advocacy (CCPHA), the American Cancer Society, and the California Optometric Association, state that this bill is needed to establish standardized nutritional information at the point of sale at large restaurant chains. They point out that while most restaurants provide a range of food options, including healthy alternatives, it is difficult to compare choices and make informed decisions without information about nutritional content. The sponsors contend that the current SB 1420 Page 4 system of voluntary menu labeling is inadequate given that Californians are increasingly relving on restaurants for their meals, and posting nutritional information on restaurant menus and menu boards at the point of purchase can help to combat the obesity epidemic, even with modest changes in consumer behavior. 2)FEDERAL LABELING REQUIREMENTS . The NLEA of 1990 requires food manufacturers to disclose the fat (saturated and unsaturated), cholesterol, sodium, sugar, fiber, protein, and carbohydrate content in their products using a standardized labeling format. NLEA exempts from labeling such foods as meat, poultry, egg products, and food prepared at counters in grocery stores. Generally, restaurants are also exempt from the labeling requirements except that they are required to provide nutritional content information on food items for which the restaurant makes a nutrient or health - related claim, such as "low fat" or "heart healthy." Lastly, NLEA requires the FDA to define words like "low calorie," "fat free," and "low sodium" that are used to describe the nutrient composition of foods. 3)EATING OUT . Restaurant foods make up a sizeable portion of the American diet. The National Restaurant Association (NRA) estimates that total nationwide sales for restaurants last year were $537 billion. In California, restaurant sales in 2006 were estimated at $51.5 billion. According to NRA, the average American eats 218 restaurant meals per year. A 2003 report from the Center for Science in the Public Interest (CSPI), a not - for - profit health and nutrition consumer advocacy organization, found that, in 1970, Americans spent just 26% of their food dollars on restaurant meals and other meals prepared outside the home; by 2002 that figure rose to 46 %. CSPI notes that over the last two decades, meals and snacks from restaurants and other food - service establishments have increased by almost 70 %, from 16% in 1978 to 27% in 1995. The FDA's 2004 Obesity Working Group recommended encouraging restaurants to provide calorie and nutrition information to consumers and the U.S. Department of Agriculture has suggested that improved diets can significantly reduce incidences of heart disease, stroke, cancer, diabetes, and osteoporosis in the U.S. 4)LOCAL ORDINANCES . The San Francisco Board of Supervisors passed an ordinance in February 2008, effective July 2008, to SB 1420 Page 5 require restaurant chains with 20 or more outlets in the state to post calorie information on menu boards and menu placards and require calorie, fat, carbohydrate, and sodium information to be disclosed on menus. The Santa Clara County Board of Supervisors passed a menu- labeling ordinance earlier this month that will take effect in September to apply to restaurants on unincorporated land that offer prepared, non - prepackaged foods for sale and consumption and operate at least 14 locations in California. In addition, according to background information from the author's office, San Mateo County and the City of Berkeley are also moving forward with enacting similar nutritional disclosure ordinances. 5)OTHER STATES . According to the National Conference of State Legislatures, Arizona, Connecticut, Hawaii, Illinois, New Jersey, and New Mexico have pending legislation similar to this bill. In New York, New York City adopted a regulation that took effect on March 31, 2008, to require restaurants, including franchisees, with at least 15 locations nationwide to post calorie content for all menu items on menus and menu boards. According to information from the NRA, the city's health inspectors will enforce the menu - labeling rules in conjunction with routine restaurant inspections. 6)OBESITY . The prevalence of obesity has risen to epidemic proportions in the U.S. According to the 2001 -2004 National Health and Nutrition Examination Survey ( NHANES), two - thirds of all adults are overweight and 17.5% of children and adolescents ages 2 -19 years are overweight. A 2005 report by CCPHA indicates that the numbers of overweight and inactive children in California have reached an all -time high. CCPHA found that statewide, approximately 28 of every 100 children are overweight and 40% are unfit. Obesity and being overweight are associated with increased risk for a number of conditions, including diabetes, heart disease, osteoarthritis, hypertension, stroke, certain cancers, depression, and increased mortality. The NHANES study found that in 2001, the nationwide economic costs related to obesity and being overweight were approximately $61 billion in direct costs from physician visits, medication, and hospitalization, and $56 billion in indirect costs from wages lost by individuals unable to work due to weight - related illnesses or disabilities. According to DPH's website, in 2001, the economic costs attributed to obesity in California alone were over $21 billion. The two most influential factors that SB 1420 Page 6 contribute to obesity, a person's behavior and his or her environment, are also considered the best areas for prevention and treatment. 7)CALIFORNIA OBESITY PREVENTION PLAN . In September 2006, the Department of Health Services (now DPH) issued the California Obesity Prevention Plan (plan) to promote physical activity and healthy eating in order to reduce the prevalence of obesity and its associated health risks among Californians. The plan is intended to serve as a guide to enable each sector of society to participate in creating the shift to healthy eating and active living. The plan was devised with input from a number of advisory groups, including, the Governor's Summit on Health, Nutrition, and Obesity, the California Obesity Prevention Initiative, and the Strategic Alliance, a coalition of nutrition and physical activity advocates. The plan sets forth various goals toward making sustainable changes in physical activity and food environments, including supporting local assistance grants and implementing multi- sectoral policy strategies to create healthy eating and active living community environments. To achieve this goal, the plan recommends posting calorie information per serving on all menus and menu boards at restaurants and providing healthy food options on all menus. 8)SUPPORT . Supporters, representing public health and consumer advocacy groups, assert this bill will assist Californians in making changes in their diet choices at restaurants, and is an important strategy for reducing obesity and other diseases, and protecting the public's health. Supporters note that approximately two - thirds of the largest chain restaurants do not provide any nutritional information about their foods and argue that menus and menu boards are the most effective locations to post nutritional content because they are the most user - friendly and most likely to influence customers' food choices. The Los Angeles County Board of Supervisors writes in support of this bill that a May 2008 health impact assessment of menu labeling conducted by the county's Department of Public Health found that, based on conservative assumptions that calorie postings would result in 10% of large chain restaurant patrons ordering reduced calorie meals, with an average reduction of 100 calories per meal, and no compensatory increase in other food consumption, menu labeling would avert 38.9% of the 6.75 million pound average weight gain in the county population aged 5 years and older. The SB 1420 Page 7 assessment noted that these findings suggest that mandated menu labeling at fast food and other large chain restaurants could have a sizeable salutary impact on the obesity epidemic, even with only modest changes in consumer behavior. The Stanford School of Medicine states that disclosing this information at the point of decision is an effective strategy for combating poor nutrition and cites an April 2007 Field Poll that found that 84% of Californians surveyed want this information to be provided on menus. Furthermore, the American Diabetes Association points out that people significantly underestimate the number of calories in food items, and this bill highlights the need for better access to such information to encourage healthier eating habits. 9)OPPOSITION . Opponents, primarily business and restaurant groups, object to what they argue is an overly- restrictive one - size - fits -all approach to the disclosure of nutritional information in this bill. Opponents contend that displaying this information primarily on menus and menu boards is impractical and removes the flexibility of restaurants to ensure customers get the information they want without causing undue financial harm to owners. According to the opponents, many of the state's restaurants already provide this information, ranging from hanging poster charts with nutritional content near the cash registers to including it in their menus, and, in doing so, have responded to consumer demand or chosen to be proactive with regard to public health. Wendy's International states that the approach to disclosure in this bill is burdensome because it will require redesign, manufacture, and installation of menu boards in all California restaurants. Starbucks Coffee Company adds that their customers have indicated they prefer variety in not only their selection of beverages, but also in how they receive information on nutritional content. Lastly, opponents support what they believe is a real workable solution to the disclosure of nutritional information contained in a competing measure, AB 2572 (Parra), currently pending in the Senate Rules Committee, which requires food facilities to display this information on the premises using a variety of specified methods. 10)RELATED AND PRIOR LEGISLATION . a) AB 2572 (Parra) requires a food facility with 20 or more locations throughout the state to disclose to customers SB 1420 Page 8 specified nutrition information within the facility using a variaty of mPthnrlc inrinrlina mPrnic tray linPrc brochures, item packaging, posters, or an electronic kiosk on the premises, and establishes a maximum $50 fine for violations beginning on January 1, 2010. AB 2572 is pending in the Senate Rules Committee. b) SB 120 (Padilla) of 2007 was substantially similar to this bill. SB 120 was vetoed by Governor Schwarzenegger. In his veto message, the Governor stated that this bill "would place burdens and costs upon some restaurant owners while imposing no burdens or costs on others. In addition, this bill provides restaurants with little flexibility for how they provide consumers with nutritional information." c) SB 1171 (Ortiz) of 2004 would have required restaurants to make nutritional information immediately available to customers, upon request, in a take -away format, and post a sign stating that the information is available. SB 1171 was referred to the Senate Health and Human Services Committee but was. never scheduled for a hearing. d) SB 679 (Ortiz) of 2003 was substantially similar to SB 1171. SB 676 failed passage in the Assembly Health Committee. I I)POLICY COMMENT . This bill is substantively identical to SB 120 of 2007 which was vetoed by Governor Schwarzenegger. The author may wish to address the extent to which he believes that this bill addresses the Governor's concerns. REGISTERED SUPPORT/ OPPOSITION : Support American Cancer Society, California Division (sponsor) American Heart Association (sponsor) California Center for Public Health Advocacy (sponsor) California Optometric Association (sponsor) Alameda County Board of Supervisors American Academy of Pediatrics American College of Cardiology, California Chapter American Diabetes Association American Federation of State, County and Municipal Employees, AFL -CIO Berkeley City Council SB 1420 Page 9 California Academy of Family Physicians California Association for Health, Physical Education, Recreation and Dance California Black Health Network, Inc. California Chiropractic Association California Food Policy Advocates California Medical Association California Nurses Association California Pan - Ethnic Health Network California State PTA California WIC Association Catholic Healthcare West City of Baldwin Park Congress of California Seniors Consumer Federation of California Consumers Union Dental Health Foundation Gray Panthers Health Officers Association of California Latino Coalition for a Healthy California Latino Diabetes Association Los Angeles County Board of Supervisors Marin County Board of Supervisors PolicyLink Prevention Institute Roll International Corporation San Mateo County Santa Clara County Board of Supervisors St. Joseph Health System Stanford School of Medicine State Building and Construction Trades Council of California, AFL -CIO Strategic Alliance Several individuals Opposition Baker's Burgers, Inc. California Alliance for Consumer Protection California Chamber of Commerce California Restaurant Association California Retailers Association Casa de Pico Mexican Restaurant Casa Guadalajara Mexican Restaurant Claim Jumper Restaurants SB 1420 Page 10 City of Fresno Councilmember Jerry Duncan Darden Restaurants Rubio's Fresh Mexican Grill Starbucks Coffee Company Wendy's International, Inc. Several restaurant and franchise owners Analysis Prepared by : Cassie Rafanan / HEALTH / (916) 319 -2097 CDC: X Miscellaneous Communications Agenda: 718108 X 7/2/08 -TG Copy to: COMMUNITY DEVELOPMENT COMMISSION BILLS FOR APPROVAL July 8, 2008 Checks 5037 - 5043 Dated June 20 - July 1, 2008 $25,988.24 TOTAL $25,988.24 O W N V lid' AL .J d U) C N F- 2 O w LL L ca a IE O O U d� �d ow L O E c O �0 Rf E o. 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