Loading...
HomeMy WebLinkAbout2008/10/14 City Council Agenda PacketJudy Hauff City Clerk City Hall COURTESY AGENDA 10/14/08 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 Chris Carrieri CZ Alternatives 758 Pine Street Santa Rosa, CA 95404 COURTESY AGENDA & AGENDA ITEM #5 Mark Neese, d.b.a. Yellow Cab 588 Roseland Ave. Santa Rosa, CA 95407 Mk YNA Place marker on agenda for each individual recipient. Linda Beltz 6182 San Bruno Court Rohnert Park, CA 94928 Robert Abramson United Nations Association of Sonoma County 108 Chadwick Way Cotati, CA 94931 Robert Doney 5400 Country Club Rohnert Park, CA 94928 I rot lam ation ITEM NO.2 Council: . X Miscellaneous Communications Agenda: 10114108 X 10/8/08 -TG Copy to: Observing OCTOBER 24, 2007 as UNITED NATIONS DAY WHEREAS, the United Nations was founded in 1945, and the anniversary of the day on which the UN Charter came into force is observed each year on October 24n'; and WHEREAS, the central role of the United Nations is to promote peace, security, development, and human rights around the world, and these roles are more vital now than ever; and WHEREAS, in September 2000, 189 nations, including the United States, agreed upon eight Millennium Development Goals to meet the needs of the world's poorest; and WHEREAS, the seventh Millennium Development Goal seeks to integrate the principles of sustainable development into country policies and programs, and reverse the loss of environmental resources and biodiversity; and WHEREAS, the Goal also seeks to reduce by half the proportion of people living without sustainable access to safe drinking water and basic sanitation, and achieve significant improvement in lives of at least 100 million slum dwellers by 2020; and WHEREAS, the United States has demonstrated its commitment to sustainable development partnership efforts with other countries to create and implement development strategies in areas that include access to clean water and sanitation services, conservation and environmental stewardship, and protecting marine and freshwater resources; and WHEREAS, the United States must continue to work with the United Nations in order to provide a coordinated, multilateral effort to assess the loss of environmental resources and achieve further progress towards global sustainable development; and WHEREAS, the United Nations Association of the United States of America (UNA -USA), in cooperation with other organizations, has declared "Environmental Sustainability as an Essential Tool for Poverty Alleviation" as its theme for the 2008 United Nations Day commemorations. NOW, THEREFORE, I, Jake Mackenzie, as Mayor and on behalf of the City Council of the City of Rohnert Park, do hereby proclaim our support of: OCTOBER 24, 2007 as UNITED NATIONS DAY DULYAND REGULARLYADOPTED this 14th day of October, 2008 SONOMA COUNTY CHAPTER UNA t/� ` : USA SIG :731j" UNITED NATIONS ASSOCIATION of the UNITED STATES OF AMERICA Rohnert Park City Council 6750 Commerce Blvd Rohnert Park, CA 94928 Attention: City Manager Dear Sir: September 22, 2008 The United Nations Association of Sonoma County asks the Rohnert Park City Council and Mayor to help, once again, in the observance of UN Day, Friday, October 24, 2008 by issuing a proclamation celebrating the occasion and by flying the UN flag the week of October 20 -27. A sample UN Day Proclamation for 2008 is attached for your convenience. This year's UN Day theme focuses upon the seventh millennium development goal and the ensuring of environmental sustainability in country policies and programs, including halving by 2015 the proportion of people without access to safe drinking water and basic sanitation and achieving by 2020 a significant improvement in the lives of at least 100 million slum dwellers. Please note that other cities in Sonoma County have made a practice over the years of issuing UN Day Proclamations and flying the UN flag in support of the worthy aims and activities of the United Nations. Each president, beginning with Harry Truman, has issued a proclamation asking citizens to observe UN Day and to reflect on the importance of the UN to our national interest as well as to each American citizen. We will be pleased to fizrnish you with a UN flag to fly during the week of October 20 -27 as we have done over the past several years. We thank you in advance or your help and cooperation on this matter. Since y ours (�? Robert Abramson, Membership Chair United Nations Association of Sonoma County 108 Chadwick Way, Cotati, CA 94931 phone: 707 - 664 -8065 fax: 664 -1158 email: robert—abramson@comcast.net 1 of 2 9/2212008 5:51 PM Distr. @ Mtg. Of: D `� Present who will speak about rgg M( Thursday, October 30 at 7:00 Ply At Merlo Auditorium, Wells Fargo Center for the Arts 50 Mark West Springs Road in Santa Rosa Admission is -free 4 CITY COUNCIL SPEAKER CARD CITY COUNCIL SPEAKER CARD Date: % o � tem #• Name: Date: Item #• Address:— l Name: Phone: 0 © Address: S 745 �,/� E Phone: 529-32,251 TOPIC: L./ Brief Summary of Comments: TOPIC:" Brief Summary of Comments: 5 VVLO ��GUC?2 EiU �� jiyjZ See Reverse --> CITY COUNCIL SPEAKER CARD Date: lo Z1(-1 Item #: Name: PATCVA���At -i Address: (n r"l t%l . r 1 r Phone: TOPIC: A 6w U0 �. Brief Summary of Comments: Ai il i _,A L See Reverse --> See Reverse --> CITY COUNCIL SPEAKER CARD Date: O d _ Item #: S_ Name:G Address: Cj`�f /SCicAOVc /T�� Phone: TOPIC: C�- Brief Summary of Comments: �5 S kc) Wt a v^ U �' a� Y y(���I Goa �- C7 !r �i (� Al See Reverse —> CITY COUNCIL SPEAKER CARD Date• %�---f y O '� Item #• v Name: ) w Address: Zap (- ',& Phone: TOPIC: Brief Summary of Comments: See Reverse —> CITY COUNCIL SPEAKER CARD Date: 1 =� Item #• tn Name: ce Address: Phone: TOPIC: Brief Summary of Comments: See Reverse --> Q Distr. ca i Mtg. Of: cc: RESOLUTION NO. 2003 -49 cc: File: File: DE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve an Option to Purchase and Purchase Agreement by and between Redwood Equities, a California limited liability company, and the City of Rohnert Park, a municipal corporation, for approximately forty (40) acres of city owned land generally west of U. S. 101 and north of the Rohnert Park Expressway, Assessor Parcel Nos. 143 -040 -103, 143 - 040 -104, 143- 040 -106 and 143 -040 -109. .13E IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute same for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 25th day of March, 2003. t O c Ma JH4:032503 Resol NW 40 Acres option- purchase Agrnmt wRedwood Equities FLORES: AYE MACKENZIE: AYE NORDIN: AYE SFRADLIN: AYE VIDAK- MARTINEZ: �E AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) CITY OF ROHNERT PARK * 6750 Commerce Blvd. * Rohnert Park, CA 949 Phone: 588-2226 * FAX: 589-2263 * WebSite: www.rpeity.org OFFICE OF THE CITY MANAGER/CITY CLERK Carl E. Leivo, Acting City Manager I MWOMM Council Action: Approved 03/25/03 AGENDA ITEM #6 Vote: 5 - 0 03126/03 ---ATN: Carl E. LeiXo,..Acting Citv Manager Resolution No. 2003-49 T RE: Resolution Approving the Option to Purchase and Purchase Agreement with Redwood Equities LLC, for Forty Acres of City Owned Land Generally West Of A- 101 and North of the Rohnert Park Expressway (APNs 143-040-103, 143-040-104, 143-040-106 and 143-040-109) The City Council approved the above item at its meeting of March 25, 2003 by the adoption of Resolution No. 2003-49. The resolution with original signatures is attached confirming authorization for you to proceed with the appropriate follow-up & handling process, including finalizing the language for this agreement as authorized by Council at the March 25th meeting. City of ROHNERT ,, , An r. Ii rAMMILM 201 Jimmy Rogers Lane Rohnert Park, California RP Project No. 2003 -01 August 26, 2003 Prepared for: The City of Rohnert Park 6750 Commerce Boulevard Rohnert Park, CA 94927 Prepared by: WIN2EF —a, z KELLY 495 Tesconi Circle Santa Rosa, CA 95401 (707) 523 -1010 1.0 INTRODUCTION Winzler & Kelly Consulting Engineers (Winzler & Kelly) presents this Characterization and Decommissioning Plan for two existing City of Rohnert Park (City) wastewater ponds. The two ponds are located at 201 Jirmny Rogers Lane in Rohnert Park and are referred to as Pond 1 and Pond 2. Native clay within these two ponds contained minimal biosolids deposited over the past 40 years (clay mixture), and contain the material brought over from the former Pond 3 (Costco Site) generated during previous construction activities (Figures 1 and 2). 4n April 7 and 9, and again on June 20, 2003, Winzler & Kelly sampled the clay mixture in both ponds and submitted the samples to two California - certified laboratories for various analyses for potential constituents of concern. The results were reviewed and are used in this report to recommend the decommissioning of the ponds. The biosolids within the clay mixture have been digested to the point where very little organic material is present in the mixture. The ponds have been assessed for the presence of petroleum hydrocarbons. Small concentrations of hydrocarbons were present in the clay mixture; however, these hydrocarbons are not petroleum based. Hydrocarbons can be the result of residual materials found in sewage such as cooking oil or hand lotion. The plan is to leave the clay mixture in .place. The property will be sold, and the new owner will be responsible for decommissioning the ponds by destroying the berms and piping, then filling in the ponds and grading as required for the planned commercial development. Since the City used these ponds recently for periodic overflow of raw wastewater and in the past as oxidation ponds after a primary sedimentation tank and sludge removal process, very little sludge was actually deposited into the ponds. The City tilled in the sludge annually, and now the material appeared to contain very little organics. This was confirmed by the <1 percent of organics in the analysis completed by the laboratory. Also, the mixture has met the requirements set forth in the Code of Federal Regulations, Title 40, Chapter 1, Part 503 (referred to as the 503 regulations) to insure pathogen and vector control using alternative analyses. 2.0 HISTORY The City's old wastewater treatment plant received wastewater collected from the Cities of Rohnert Park and Cotati, and Sonoma State University in the 1960s and 1970s, after which wastewater flows were then conveyed to the Laguna Subregional Wastewater Treatment Plant (Subregional Plant). According to personnel at the City, the untreated wastewater contained mostly residential waste with a little commercial waste and a negligible amount of industrial wastewater. During the 1960s and 1970s, the ponds were used as oxidation ponds receiving flow after a primary sedimentation tank and sludge removal process. Since the connection to the Subregional Plant, the ponds have been used occasionally as wastewater ponds to handle raw sewage when the Subregional Plant could not handle the incoming flows. Since the ponds have been in service as wastewater ponds, the City has annually tilled in the minimal waste into the native clay. Currently, grass and weeds are located on much of Ponds 1 and 2. 03- 2056 -03101 1 August 2003 �C$OCtlt[011 ro.zaoe.,n ITEM NO. 2 Council: X Miscellaneous Communications Agenda: 10/14108 X 10/8/08 -TG Copy to: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK Recognizing . CHRIS CARRIERI Co -Owner of C2 Alternatives WHEREAS, The City Council has adopted a green building ordinance that encourages conservation in the use of building materials; and WHEREAS, the reuse of building materials and components.reduces greenhouse gas emissions; and WHEREAS, the City of Rohnert Park is renovating a vacant office building to be used as a new City Hall and the new City Hall will be certified as a LEER® Gold Building; and WHEREAS, waste diversion and reuse of building materials contributes to making the building greener; and WHEREAS, C2 Alternatives has worked with the City to reduce the amount of construction debris that ends up in landfills; and WHEREAS, C2 Alternatives assists the City in the review of building permit applications to ensure compliance with the State of California's recycling Jaws. NOW, THEREFORE, BE IT RESOLVED that the City Council of the. City of Rohnert Park recognizes_ Chris CaIrden, co -owner of C2 Alternatives in Santa Rosa, as an expert in the area of recycling, material reuse, and waste diversion and thanks him for his efforts in coordinating volunteers who removed 4,000 pounds of building materials from 130 Avram'for reuse in other buildings and applications thereby keeping it out of the landfill. DULYAND REGULARLYADOPTED this 231d day of September, 2008. BREEZE: AYE SMITH: AYE STAFFORD: ABSENT VIDAK- MARTINEZ: AYE MACKENZIE: AYE AYES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (0) September 23,- 2008, Special Joint Meeting and Regular Concurrent Meetings Minutes TO FOLLOW ON FRIDAY, 10/10/08 WITH SUPPLEMENTAL PACKET �,O}LNERT PgRR ]CJ \CALIFOR -�" MINUTES OF THE CONCURRENT MEETINGS OF THE CITY OF ROHNERT PARK City Council Community Development Commission Rohnert Park Financing Authority Tuesday September 23, 2008 The City Council of the City of Rohnert Park met this date for a Special Joint Meeting /Work Session of the Rohnert Park City Council and the Community Development Commission of the City of Rohnert Park, to commence at 5:00 p.m., followed by the Regular Concurrent Meetings of the Rohnert Park City Council, Community Development Commission of the City of Rohnert Park, and Rohnert Park Financing Authority, to commence at 6:30 p.m. at the Rohnert Park City Hall, 6750 Commerce Boulevard, Rohnert Park, with Mayor Mackenzie presiding. SPECIAL MEETING /WORK SESSION CALL TO ORDER The Special Joint Meeting of the City Council and Community Development Commission of the City of Rohnert Park was called to order by Mayor Mackenzie at 5:05 p.m. ROLL CALL Present: Jake Mackenzie, Mayor /Chair Amie Breeze, Council Member /Connnissioner Tim Smith, Council Member /Commissioner Vicki Vidak - Martinez, Council Member /Commissioner Absent: Pam Stafford, Vice -Mayor /Vice -Chair Staff present for all or part of the Special Joint Meeting: Steve Donley, City Manager /Executive Director; Dan Schwarz, Assistant City Manager /Assistant Executive Director; James Atencio, Assistant City Attorney /Assistant General Counsel; Sandy Lipitz, Director of Administrative Services; Linda Babonis, Housing & Redevelopment Manager; Eydie Tacata, Management Analyst; Susan Azevedo, Community Development Assistant, Brian Goodman, Housing and Redevelopment Assistant; and Linda Beltz, Videographer. IM71j: -s uffelelu IU 1-W► I� fl _.y None. 2. WORK SESSION ITEMS FOR REVIEW, DISCUSSION, AND /OR DIRECTION: • City Budget for Fiscal Year 2008 -2009 Director of Administrative Services Lipitz reviewed three -year budget projections and the proposed City Budget for Fiscal Year 2008 -2009 via PowerPoint and responded to Council questions. City of Rohnert Park CONCURRENT MEETINGS Minutes (2 of 11) September 23, 2008 for City Council /Community Development Commission/Rohnert Park Financing Authority • Five -Year Capital Improvement Program (CIP) Budget for Fiscal Year 2008 -2009 through Fiscal Year 2012 -2013 Management Analyst Tacata reviewed the proposed Five -year Capital Improvements Program (CIP) budget for Fiscal Year 2008 -2009 through Fiscal Year 2012 -2013 and responded to Council questions. • Community Development Commission Budget for Fiscal Year 2008 -2009 Housing and Redevelopment Manager Babonis reviewed the proposed Community Development Commission budget for Fiscal Year 2008 =2009 via 'Dowel-Point presentation ded *- u and resp`�i' w rOUrieii questions. Council CONCURRED to defer further comment to Agenda Item No. 5 (Regular Concurrent Meetings Open Session). ADJOURNMENT There being no further business, Mayor /Chair Mackenzie adjourned the Special Joint Meeting /Work Session at 6:21 p.m. REGULAR CONCURRENT MEETINGS CALL TO ORDER The Regular Meeting of the City Council of the City of Rohnert Park was called to order by Mayor Mackenzie at 6:22 p.m. ROLL CALL Present: Jake Mackenzie, Mayor Arnie Breeze, Council Member Tim Smith, Council Member Vicki Vidak- Martinez, Council Member Absent: Pam Stafford, Vice-Mayor Staff present for all or part of the Regular Meeting: Steve Donley, City Manager; Dan Schwarz, Assistant City Manager; James Atencio, Assistant City Attorney; Ron Bendorff, Director of Community Development; Darrin Jenkins, Director of Engineering Services; Sandy Lipitz, Director of Administrative Services; John McArthur, Utilities /General Services Director; Linda Babonis, Housing & Redevelopment Manager; Eydie Tacata, Management Analyst; Susan Azevedo, Community Development Assistant; and Linda Beltz, Videographer. CLOSED SESSION Mayor Mackenzie adjourned the City Council to Closed Session at 6:23 p.m. to discuss the following litigation matter: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: 1 case. RECONVENE REGULAR SESSION Mayor Mackenzie reconvened the Regular Session at 7:12 p.m. All members were present except Vice - Mayor Stafford. City of Rohnert Park CONCURRENT MEETINGS Minutes (3 of 11) September 23, 2008 _for City Council ✓Community Development Commission ✓Rohnert Park Financing Authority PLEDGE OF ALLEGIANCE Mayor Mackenzie led the Pledge of Allegiance. 1. MAYOR'S REPORT ON CLOSED SESSION (Government Code Section 54957.1) Mayor Mackenzie announced that the Council had met in closed session regarding the litigation matter on the agenda and that no reportable action had been taken. 2. PRESENTATIONS • Presentation of a Proclamation Recognizing and Congratulating Eric and Mary Burns for Their Landscaping Project on Eve Court Mayor Mackenzie announced that this presentation would be deferred to November. 3. PUBLIC COMMENTS a. Rory Smith, Rohnert Park, requested an amendment to the animal ordinance to allow the keeping and raising of chickens at private residences. Council CONCURRED to refer the matter to staff for a possible amendment to the Municipal Code. b. Michael Ceremello, resident of Dixon, spoke in favor of Measure L. c. Richard Pope, Sonoma Mountain Village, spoke in reference to Measure L and inquired about the consequences, technical and otherwise, to the One Planet Community concept. d. Cheryl Fonseca, Rohnert Park, spoke in favor of Measure L. e. Thomas Fonseca, Rohnert Park, spoke in favor of Measure L. f. Roger Kirkpatrick of COTS, spoke about non -profit funding as presented in the Community Development Commission budget and the request for contingency funding to address larger maintenance items. 4. CONSENT CALENDAR 1. Approval of Minutes for: • City Council Portion of Special Concurrent Meetings — September 8, 2008 2. Approval of City Bills /Demands for Payment 3. Accepting Cash /Investments Report for: Month Ending March, 2008 4. Resolutions for Adoption: 2008 -147 Recognizing Chris Carrieri, Co -owner of C2 Alternatives 2008 -148 Declaring September 27, 2008, as Russian River Cleanup Day 2008 -149 Observing October 5 -11, 2008, as Fire Prevention Week 2008 -150 Authorizing and Approving an Agreement with RMC Water and Environment to Develop and Implement a Water Quality Study 2008 -151 Approving Job Description and Salary Range for Administrative Analyst and Authorizing Recruitment for the Position in Public Works 2008 -152 Authorizing and Approving the Fifth Amendment to the Agreement for Use of Santa Rosa Subregional Sewerage System City of Rohnert Park CONCURRENT MEETINGS Minutes . (4 of 11) September 23, 2008 ,for City Council /Community Development Commission /Rohnert Park Financing Authority MOVED by Council Member Vidak - Martinez, seconded by Council Member Smith, and CARRIED 4 -0 -1 with Council Vice -Mayor Stafford absent, reading was waived and the Consent Calendar was APPROVED. 5. CITY BUDGET FOR FISCAL YEAR 2008 -09 AND FIVE -YEAR CAPITAL IMPROVEMENTS PROGRAM FOR FISCAL YEARS 2008 -2009 — 2012 -2013 ,/ ; ideratio;; of App, °oviing avid Adopting the City Budget for Fiscal Year 2008 -09 and the Five - Year Capital improvements Program for Fiscal Year 2008 -2009 through Fiscal Year 2012 -2013. 1. City Manager Donley reviewed the staff reports and responded to Council questions. 2. Public Comments: None. 3. Resolutions for Adoption: 2008 -153 Approving and Adopting a Budget for Fiscal Year 2008 -09 MOVED by Council Member Vidak- Martinez, seconded by Council Member Breeze, and CARRIED 4 -0 -1, Vice -Mayor Stafford absent, reading was waived, and Resolution No. 2008 -153 was ADOPTED. 2008 -154 Adopting the Five -Year Capital Improvements Program for Fiscal Year 2008- 2009 through Fiscal Year 2012 -2013 MOVED by Council Member Vidak Martinez, seconded by Council Member Smith, and CARRIED 4 -0 -1, Vice -Mayor Stafford absent, reading was waived, and Resolution No. 2008 -154 was ADOPTED, 6. WILFRED /DOWDELL VILLAGE SPECIFIC PLAN Consideration of Applications for a 24.77 Acre Site that Is Generally Located on Each Side of Wilfred Avenue, East of Dowdell Avenue, and North, East and South of the Current City Limits in the Vicinity of the Intersection of Redwood Drive and Wilfred Avenue (APN 045- 055 -007, 045- 075 -001 through 045- 075 -003, 045- 075 -005, 045- 075 -006, 045- 075 -008, and 045- 075 -009 through 045- 075 -012) as follows: A. Certification of a Final Environmental Impact Report B. Prezoning to Specific Plan (SP) District C. Specific Plan Document /Design Guidelines Approval D. Annexation of Property to the City of Rohnert Park Community Development Director Bendorff reviewed the contents of the staff report via PowerPoint presentation and responded to Council questions. 2. PUBLIC HEARING: Mayor Mackenzie opened the Public Hearing at 8:12 p.m. a. Dawna Gallagher spoke in opposition of the Wilfred Dowdell Plan and cited constraints to the City's water supply. Mayor Mackenzie closed the Public Hearing at 8:15 p.m. City of Rohnert Park CONCURRENT MEETINGS Minutes (5 of 11) September 23, 2008 for City Council /Community Development Commission /Rohnert Park Financing Authority 3. Resolutions for Adoption and Ordinance for Introduction: A. Resolution for Adoption: 2008 -155 Certifying the Final Environmental Impact Report for the Wilfred/Dowdell Village Specific Plan MOVED by Council Member Vidak - Martinez, seconded by Council Member Breeze, and CARRIED 4 -0 -1, Vice -Mayor Stafford absent, reading was waived, and Resolution No. 2008- 155 was ADOPTED. B. Ordinance for Introduction: Waive Further Reading and Introduce Ordinance by Reading Title: No. 803 Adopting a Statement of Overriding Considerations and Mitigation and Monitoring Program and Prezoning Property Located on Each Side of Wilfred Avenue, East of Dowdell Avenue, and North, East and South of the Current City Limits in the Vicinity of the Intersection of Redwood Drive and Wilfred Avenue (APN 045- 055 -007, 045- 075 -001 through 045- 075 -003, 045 -075 -005, 045- 075 -006, 045- 075 -008, and 045- 075 -009 through 045- 075 -012) to Specific Plan District (SP) MOVED by Council Member Vidak - Martinez, seconded by Council Member Breeze, and CARRIED 4 -0 -1, Vice -Mayor Stafford absent, reading was waived, and Ordinance No. 803 was INTRODUCED BY ROLL CALL VOTE. C. Resolution for Adoption: 2008 -156 Approving Specific Plan and Design Guidelines Documents for Property Located on Each Side of Wilfred Avenue, East of Dowdell Avenue, and North, East and South of the Current City Limits in the Vicinity of the Intersection of Redwood Drive and Wilfred Avenue (APN 045- 055 -007, 045- 075 -001 through 045- 075 -003, 045- 075 -005, 045- 075 -006, 045- 075 -008, and 045- 075 -009 through 045- 075 -012) MOVED by Council Member Vidak - Martinez, seconded by Council Member Breeze, and CARRIED 4 -0 -1, Vice -Mayor Stafford absent, reading was waived, and Resolution No. 2008 -156 was ADOPTED WITH AMENDMENTS as follows: 1) Parking requirements for uses within the Specific Plan shall be consistent with the latest parking requirements established by the Rohnert Park Municipal Code; 2) staff shall work with the Cotati- Rohnert Park Unified School District to amend the school district boundaries; and 3) the Specific Plan shall be amended to reflect the removal of the Specific Plan area from the Community Separator. D. Resolution for Adoption: 2008 -157 Application by the City Council of the City of Rohnert Park, California, to the Sonoma Local Agency Formation Commission for the Reorganization of Territory Located on Each Side of Wilfred Avenue, East of Dowdell Avenue, and North, East and South of the Current City Limits in the Vicinity of the Intersection of Redwood Drive and Wilfred Avenue (APN 045- 055 -007, 045- 075 -001 through 045- 075 -003, 045 -075- 005, 045- 075 -006, 045- 075 -008, and 045- 075 -009 through 045- 075 -012) MOVED by Council Member Vidak - Martinez, seconded by Council Member Breeze, and CARRIED 4 -0 -1, Vice -Mayor Stafford absent, reading was waived, and Resolution No. 2008 -157 was ADOPTED. City of Rohnert Park CONCURRENT MEETINGS Minutes (6 of 11) September 23, 2008 _for City Council /Community Development Commission /Rohnert Park Financing Authority 7. PARKING STANDARDS Consideration of Amending Section 17.16.030.0 of the Rohnert Park Municipal Code regarding the Parking Requirements for the Following Land Use Categories: "Hardware Store /Home hnprovement Center "; "Retail Sales Not Listed Under Another Use Classification "; and "Shopping i_,Cllter Community Development Director Bendorff reviewed the contents of the staff report and responded to Council questions. 2. PUBLIC HEARING: Mayor Mackenzie opened the Public Hearing at 8:28 p.m. There being no members of the public interested in speaking, Mayor Mackenzie closed the Public Hearing at 8:28 p.m. 3. Ordinance for Introduction Waive Further Reading and Introduce Ordinance by Reading Title: No. 804 Amending Section 17.16.030.0 of the Rohnert Park Municipal Code regarding the Parking Requirements for Specified Commercial Land Use Categories MOVED by Council Member Vidak- Martinez, seconded by Council Member Breeze, and CARRIED 4 -0 -1, Vice -Mayor Stafford absent, reading was waived, and Ordinance No. 804 was INTRODUCED BY ROLL CALL VOTE. 8. FENCING STANDARDS Consideration of Potential Amendments to the Rohnert Park Municipal Code regarding Front Yard Fencing Standards 1. Community Development Director Bendorff reviewed the contents of the staff report via PowerPoint presentation and responded to Council questions. 2. Public Comments: a. Lew Taber, 1230 Holly, spoke regarding fence standards and the complaint process of allowing anonymous complaints. b. Miriam Pengel, expressed concerns regarding selective enforcement. 3. Council CONCURRED to direct staff to refer this item to the Planning Commission for review and amendment. Council further CONCURRED to direct staff to hold in abeyance all code enforcement cases currently open with regard to fences until such time that revisions or amendments have been made. RECESS Mayor Mackenzie called a recess at 9:00 p.m. RECONVENE Mayor Mackenzie reconvened the regular session at 9:10 p.m. All members were present except Vice - Mayor Stafford. City of Rohnert Park CONCURRENT MEETINGS Minutes (7 of 11) September 23, 2008 for City CouncillCommunity Development Commission /Rohnert Park Financing Authority 9. BICYCLE AND PEDESTRIAN MASTER PLAN Consideration of Adopting the Rohnert Park Bicycle and Pedestrian Master Plan I . Management Analyst Tacata reviewed the contents of the staff report and responded to Council questions. Bicycle Advisory Committee Members Carson Williams and Barbara Denlis were recognized and briefly commented on the Rohnert Park Bicycle and Pedestrian Master Plan. 2. PUBLIC HEARING: Mayor Mackenzie opened the Public Hearing at 9:30 p.m. There being no members of the public interested in speaking, Mayor Mackenzie closed the Public Hearing at 9:30 p.m. 3. Resolution for Adoption: 2008 -158 Adopting the Rohnert Park Bicycle and Pedestrian Master Plan MOVED by Council Member Smith, seconded by Council Member Vidak - Martinez, and ARRIED 4 -0 -1, Vice -Mayor Stafford absent, reading was waived, and Resolution No. 2008 -158 was ADOPTED. Council CONCURRED to direct staff to prepare a letter to Cotati- Rohnert Park Unified School District offering City and Committee assistance in creating and maintaining a "Safe Routes to School" program. 10. CONFLICT OF INTEREST CODE Consideration of (1) Repealing Chapter 2.60, Conflict of Interest, of the Rohnert Park Municipal Code by Ordinance; and (2) Adopting a Conflict of Interest Code for the City of Rohnert Park and Amending the List of Designated Positions by Resolution 1. City Manager Donley reviewed the contents of the staff report and responded to Council questions. 2. Public comments: None 3. Ordinance for Introduction: Waive Further Reading and Introduce Ordinance by Reading Title: No. 805 Repealing Chapter 2.60, "Conflict of Interest," of the Rohnert Park MOVED by Council Member Vidak- Martinez, seconded by Council Member Smith, and CARRIED 4 -0 -1, Vice -Mayor Stafford absent, reading was waived, and Ordinance No. 805 was INTRODUCED BY ROLL CALL VOTE. 4. Resolution for Adoption: 2008 -159 Adopting a Conflict of Interest Code for the City of Rohnert Park MOVED by Council Member Smith, seconded by Council Member Vidak - Martinez, and CARRIED 4 -0 -1, Vice -Mayor Stafford absent, reading was waived, and Resolution No. 2008 -159 was ADOPTED. 11. COUNCIL COMMITTEE AND /OR OTHER REPORTS Council members provided reports regarding attendance at meetings and events as indicated below: 1. Sonoma County Waste Management Agency meeting, 9/17: Council Member Smith. City of Rohnert Park CONCURRENT MEETINGS Minutes (8 of 11) September 23, 2008 for City Council/Community Development Commission /Rohnert Park Financing Authority 2. Senior Citizens Advisory Commission meeting, 9/18: Council Member Breeze. 3. General Plan Update Steering Committee meeting: Mayor Mackenzie and Council Member V idak- Martinez. 4. Other informationai reports: Councilmember Smith: Senior Center Volunteer Appreciation Dinner, 9/19. Council Member Breeze: Senior Center Volunteer Appreciation Dinner 9/19; Senior Center meeting. Council Member Vidak - Martinez: Concerned Citizens of Rohnert Park (C -CORP) meeting; Senior Center Volunteer Appreciation Dinner, 9/19; Art & Wine Festival; County Climate Protection Action Plan meeting. Vice -Mayor Stafford: Absent. Mayor Mackenzie: Senior Center Volunteer Appreciation Dinner, 9/19; Metropolitan Transportation Commission meeting: Faculty Senate meeting at Sonoma State University. 12. COMMUNICATIONS Council Member Smith called attention to the letter from Linda Torres concerning possible Closure of A and L pools, a letter from J. Wade Roach regarding a potential community garden at the Gold Ridge School site, and a flyer from Sonoma County Waste Management regarding 90% recycling. Council Member Vidak- Martinez called further attention to the letter regarding the Gold Ridge school site. Mayor Mackenzie call attention to memorandum from Eydie Tacata regarding the City Hall Ribbon Cutting Ceremony 13. MATTERS FROM/FOR COUNCIL 1. Calendar of Events: Document provided for informational purposes. A. Special Concurrent Meetings Scheduled for November 12`' — Council Concurrence to Reschedule the November 12`x' Special Concurrent Meetings to Monday, November 10`x' Council CONCURRED to reschedule the November 12"' Special Concurrent Meetings to Monday, November 10"'. 2. City Council Agenda Forecast: Document provided for informational purposes. 3. Other informational items Councilmember Smith refuted statements made by resident of Dixon regarding Measure L. 14. CITY MANAGER'S /CITY ATTORNEY'S REPORTS 1. Other informational items: None. 15. PUBLIC COMMENTS None. City of Rohnert Park CONCURRENT MEETINGS Minutes (9 of 11) September 23, 2008 for City Couneil /Community Development Commission / Rohnert Park Finaneing Authority ADJOURNMENT There being no further business, Mayor Mackenzie adjourned the City Council meeting at 10:00 pan. to consecutively and separately convene the meetings of the Community Development Commission and the Rohnert Park Financing Authority. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK (CDC) AGENDA CALL TO ORDER The Regular Meeting of the Community Development Commission of the City of Rohnert Park was called to order by Chair Mackenzie at 10:00 pan. 1401.1.CA].1. Present: Jake Mackenzie, Chair Arnie Breeze, Commissioner Tim Smith, Commissioner Vicki Vidak - Martinez, Commissioner Absent: Pam Stafford, Vice-Chair Staff present: Stephen Donley, Executive Director; James Atencio, Assistant General Counsel; Daniel Schwarz, Assistant Executive Director; Linda Babonis, Housing and Redevelopment Manager; Susan Azevedo, Community Development Assistant; and Linda Beltz, Videographer. 1. PUBLIC COMMENTS None. 2. FISCAL YEAR 2008 -09 COMMUNITY DEVELOPMENT COMMISSION BUDGET 1. Housing and Redevelopment Manager Babonis responded to Commission questions. 2. Public Comments: a. Richard Pope, Sonoma Mountain Village, spoke regarding the business cluster at Sonoma Mountain Village. 3. CDC Resolution for Adoption: 2008 -10 Approving and Adopting the CDC Budget for Fiscal Year 2008 -2009 MOVED by Commissioner Vidak - Martinez, seconded by Commissioner Smith, and CARRIED 4 -0 -1, Vice -Chair Stafford absent, reading was waived, and Resolution No. 2008- 10 was ADOPTED. Council CONCURRED that further discussion will be held regarding non - profit funding and the possibility of increasing funding in the future. 3. CDC CONSENT CALENDAR 1. Approval of Meeting Minutes for: CDC Portion of Special Concurrent Meetings — September 8, 2008 City of Rohnert Park CONCURRENT MEETINGS Minutes (10 of 11) September 23, 2008 for City Council/Commun Development Commission /Rohnert Park Financing Authority 2. Approval of CDC Bills /Demands for Payment 3. CDC Resolutions for Adoption: 2008 -11 Authorizing and Approving Amendment No. 9 to the Agreement by and between Committee on the Shelterless ( "COTS ") and the CDC to Provide Management Services of CDC -Owned Shared Living Housing and a CO'T'S - Leased Transitional Home on Alma Street and Authorizing CDC Financial Assistance 2008 -12 Authorizing and Annroving Amendment No. Six to the Agreement by and between Sonoma County Adult and Youth Development (SCAYD) and the Community Development Commission to Provide Homeless Prevention Services for Households at Risk of Becoming Homeless Due to Temporary Financial Hardship 2008 -13 Approving Funding for Rebuilding Together Rohnert Park- Cotati ( "Rebuilding Together ") Home Rehabilitation Services for Low and Very Low Income Homeowners of Rohnert Park 2008 -14 Authorizing and Approving an Agreement with the Rohnert Park Chamber of Commerce MOVED by Commissioner Smith, seconded by Commissioner Vidak - Martinez, and CARRIED 4- 0-1, Vice -Chair Stafford absent, reading was waived and the CDC Consent Calendar was APPROVED. ADJOURNMENT There being no further business, Chairperson Mackenzie adjourned the CDC meeting at 10:07 p.m. ROHNERT PARK FINANCING AUTHORITY (RPFA) AGENDA CALL TO ORDER The Regular Meeting of the Rohnert Park Financing Authority was called to order by Chair Mackenzie at 10:07 p.m. ROLL CALL Present: Jake Mackenzie, Chair Arnie Breeze, Board Member Tim Smith, Board Member Vicki Vidak- Martinez, Board Member Absent: Pam Stafford, Vice -Chair Staff present: Stephen Donley, Executive Director; James Atencio, Assistant General Counsel; Daniel Schwarz, Assistant Executive Director; Susan Azevedo, Community Development Assistant; and Linda Beltz, Videographer. :ity of Rohnert Park CONCURRENT MEETINGS Minutes (11 of 11) September 23, 2008 for City CouncillCommunity Development Commission / Rohnert Park Financing Authority 1. PUBLIC COMMENT None. 2. RPFA CONSENT CALENDAR 1. Approval of Minutes for: RPFA Portion of Special Concurrent Meetings — September 8, 2008 MOVED by Board Member Vidak - Martinez, seconded by Board Member Breeze, and CARRIED 4 -0 -1, with Vice -Chair Stafford absent, reading was waived, and the RPFA Consent Calendar was APPROVED. ADJOURNMENT There being no further business, Chairperson Mackenzie adjourned the meeting of the RPFA at 10:10 p.m. Terri Griffin* Deputy City Clerk City of Rohnert Park *(Minutes written in absentia) Jake Mackenzie Mayor City of Rohnert Park Council: X Miscellaneous Communications Agenda: 10114108 X 10/8/08 -Tc Copy to: CITY OF ROHNERT PARK BILLS FOR APPROVAL October 14, 2008 Check # 180960 - 181496 Dated September 17 - October 8, 2008 $3,116,437.77 TOTAL $3,116,437.77 O ettirtiCD Oe}000r O M OOtf) ctrNetMtiMOOrNMrMrNMOOnONOOO1 `OOOOOOOr Cl) tor00 d't`Mr0 �} O O 00(;)000v W qt`C)Ov CO 00 000)1` V etMONMOMIf )Lf)rd_<DhNti000MOOOOOOOOOOOOd•ti UA Ntir0 00 cm ( -LD 00 0 .1. 00.00 .It9 N N r tf) M 00 O O r I- to t0 C) t0 to r ;a= th (D It M ..h h r to N �.d' W e=.. O h e= C7 OO M 0O C O to O N 00 r :CM C6 r Ln N CO CA N N � C) r- in htort0Md N N 000ht0l eC Y) toMtD00MMhW)0)0)toOt�•MI-U)00t- rNW)OtCINhOOMCDWto Cl 0000rt, O It 00to d d C) 00eFrC)d'w000MtnM O (0 et' O 'd'NMNrr0)C)0000Mtf)MhWWNO0'0rr hetMW1000OOO0000M r rO N 0 O�t0reF h � N Mt000ti01nOCfr00r to 00 000MONtAO OOCL)MMONMrOd'tiOrM�' (6 4O O 06hC7OaMrO M t-: L6 w M ONMtoP- 00 M O to r O O CA Cl) 00 et CO N 1- r iq O O C) d' Lp M M W O :Co W t- r M r r r N r V r CO Cl) Cl to tp O LO lh tp tf) N r T W to `. 00 : N ' M 0 00 M to N tq MNM00NMrMMe- co N -tLf) t- torN N r i�N d MT- C) �O M MIn 00 Cl) d ~ O)hetM I V V N r: M V N V : e= 'tM N r .: N t. , r. M V- 04 r T drdNI- V-=C) Cl) y 'C rz t6 06 Od0'r N V-t- N 'yp 3 N M :. a m y to 4) Q. `j tti LL 3 y d 3 E CL w LL W t a >+ «+ i y W U O eo to d cya m 0. 1= c A ui W ;O. y 0 a J o� y t• F- d' .y. J N E Q' L 3 M Q Ci C to N ? tL 0 y 4) v G. Q o y a M N U. CL 'y C 'o 1= O t2 ,y p y a) C LL y C d 3 C C O 3 a° G LT U. O Eaa)i4)c _ � 4 dam0to co a a N :° y -0 ICfl •� t-C6.. = d V N ' c A F.c o m C C Cd )Ca) CM D O� c 7 O t) N a R y (i d to d a) a c O a O N a) d Ls d :•V C Lz O R LL LL d - W y 'O ' C C LL = C LL y "' W V tC tC N M :.1 U O R R a. Q qT f/3 m d) U) CL 3 to o ac c r- 0) 4)y 3 U. tic o �' °ti d N y �, sZ yu. J E� > aUQ to oQQ oQ E Q y LL LL U) a d a adw 0 d °' a a tsn ct 3 ron c'R a0i Lim o aa�.�; a� �U tLa doo c R��'m� V N C 0 3 y m of - Q c ;M V L a w O to O y U. > 3 p w 0 J Q W L :� y, tr. La O m O v v Q Z U V z U O LL a) ;F, LL «) :.0 a d 3 O .ti to M O C a C a ,L 7. U :;., C a y a U. a) C a) � .� 'O^ O O C.± 0- to W W m E v d �p to C� ° °° c d �, aU. 0'd u) L c p 0a 0Q d c o to E L E o ,, dc�a and E y c c c 0 0 0 CL C _O CLL 'Oaa CLL M V NNNNd0' .8 W Eu. Oaa U. C V 7 0:M LL C.w+ dU4.10 to d ?� NW O _. y Q W �+ d a) d C)'w- +:+-+'++.;.:.•++ .0 Ly D C O N, V V r 7 3 d LL tL0 '0 C (Oj d 0 LL :C O C V LL y C C S V O p d y> d QO Q Q V d C C C C C 7 J d U O 3 .W X LL a) 0 L 07 0) a) OW LL J y Q N O LL d O O D o t0 O a O a U) N C v'- IX E d NNNfA m O )C++ n) r+ t)w sZLLLI 0 0 L d micia .."� LL d 0 d ?.� LL U. •� •?'' V.a) +. -� :�- +L+ O N a E y W i'':L 0 L, W N W dN N C:ta 3 N y'O t) Q.. V V V t) �'+ yN a c. CL CL a >, L• y N y 'Q W.- V p v:+0•' ,�..'.,'�i+'++ '++ C C.. d 7 +0+: fn. C t-y6 C 0 .t��qti C L N.- C +•' .C+ �;(n C ,C C dl� L L.0 w0- tL:tL tL U G:.O O.O.O O O Q OD O d LL. d �:y "'' —.a) a) d 3 C ? ,W 0 0) 4- �. Q. :p)LL. Q N d 'O••.W �0.d V W d •0 wG. Li u°..li Li U. U. LL U. Li. Li Li •i+ Ill a'C+...r�.+ Y w dV V V V V :E .J aA as R• -� �O E d �L _ ___ W L�� >> vtL m x E C t, inm tarn mo, v «I �LL d d d d :d d m d A d m o_ y �j o maaa`pa W L t) L • ti L. L L L to M ,(a L L o �.. w M .7 W )t . ti T 5 V Z (� w a L E O L L �..� ~ {ti •� •7 •7 F p :L L ice. 5�. L :.� Q Q d` a) d O fl Q = d L y Q Q WO Vt d ++ p, ._ O D, `� 9, E E 4 LL .E O � `, w - a) u a) of ' Q d Q a) O) , a) a) V, d a) � � M M c to Q d N La) `m d �.° d,� o W d d ( w 0 w (D (D E m m '3 = d_� 4) a) 00)) '4)) a •L d� 0 O V O A aoi aoi aoi m m m ayi m m m ayi y 0 'a0 0 N CL M M M m E m d m d d ° O C.�,_ Ul-2ix CL U) ��UC7(7C7U) � m Ulu.�LL��1- a >aaOmU G>- ��aUat9�C7m����tY����� m000 woaaa13 ~ V .r.. . r. ..r�..r...r..-- ----- vr...r�..r. - - -r v- -.-- r. r. -r - - - r .:- - d 2 2 2 22 2 2 2 2 d N 2 !d d d w d S w 's w N o c c o e= d = �dd O O O O w O2 O w w d 2O.2 0 0 0 0 w 0 0 0 2 -0 2 w 2 0 w 2 0 0 +.0 2 d e= w O O 2 '0 O O O O O O 0 O w 2 w O O O 0) :�(') Z Z Z Z Z Z Z Z Z Z Z Z Z`Z Z Z Z Z Z Z z z Z Z Z z Z Z z Z Z z Z Z Z Z Z Z z Z Z Z Z Z Z Z OO` ,+„ d W O C 2N Co000000000'C C 000 Ci C O O C C C O O O C C C 00 O' O O C C O A O C C C 0000 Am` o t0 0 O O O O O :O O O 'O O O 0 -0 O O O 0 0 0 0 0 o'O O O :O 0 0 O. 0 0 0 :O 0 0 0 O O 0 0 0 t0 O O O > M 0 0 0 O O :O O O O c O O c O O c O O D O 0 C '.O 0 0 0 0 0 0 0 0 O: 0 0 0 0 0 0 0 wwN T00)'0101.00)010CD0)CA`O 000A 0101 0)0) 0) 0). M Q M M 0 m m m m m m m m MM w m c6m 0'000T d,y� 00).0mmmmmC/10mCA00f OOTO)CA O)O)D):C10D)Of OOCf O10)00)00)0)D)CA ACA CAOCA CfOet el' c R d tR P O O O 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 �. CO O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 +y Q) CV O :O O O .O O O O O O C .O :O O O O O D O O D O C C O O O O O O O O C O O O O O O.O G O'O O O O co 0.0 000. 0000000000:0000000:0000000000: 00 000:0 :0000: 0000 CD 0 0 0 O O N �tO mmmmmmmm OOmm: OmmmmmO )mmm�Ommmmmmmm:0)mmmmmmmmmmm0et �'✓ eF 'c a 9a � 0 0 0 0 0 o 0 0 :moo o o o o :o o o :o � ,Tj„_ oy,+h 00000 :000.0000.000.00:00000000'm 0 C 0000.0 to: O O O OO: O N Co CD OO:m "� 1= m to O:O R) 014') O r'O N N CD :O O O O r N:N O M to O r O r N 00 00 10 CD tD:N 0 b 0 0 0 to:CD m O., eF N.N 10 •' mot; "It :� et N a' tf 00 'r 00 00 e}'.�_ O M :r N n et N �' to er M N r of tt': et M N...OD O r:0 M tt :N N cr r M '(� -:. O to 41:47 1Cj 101 to IC1 Ch �. Ch M 47 to d' tit � 4i et st �! to 10 4'i d' 4i ,� 4i 1C1 ui 4i � tf1 CV 4i 4i tri ui 4i 4i tat 47 1ti M fV 4i e' 00 00 Co Co O 0o Co 0o Co 00 00 00:00 00 0o 00 00 Co 0) 0) m (D :m O) O) m m m 0) m m m :0 m m m O O O O O O r N N �3 M N 0 .0 0 0 0 0 0 0 .0 0 0 00 0 .0 0 0 .0 0 0 0 0. 0 0 0 0 0 0 0 0 0 0 :0 0 O .O yQ M:N'ODMICJ CO n:000.rO1`0izio aDMao tGONinP�O.M.�d'etOr Or.N inN O:rbu).r)nb et NO („ 2N Q Z O.N N r r -r O O M O r N r N'N N rr N N O.N r r'N O r:N M r r N O r M r 1.N r N:M O N M +r. tC)4)to OtD CDhP P.PM0D .W OrrNrrr NNMM:Ip CO COP Pmmm OOOrrd' toWO4M4 Z: 0 0 0 0 0 0 0 0 0 0 0 0.O O r r r r 0. 0 0 0.0 0 0 0 0 0 0 0 Cl 0 0 r T r O 0 0 0 0 r 0 0 0 Y d �) �Q�QQQQQQQQOGGQOQQO��� t]�GGO���O�'t]L]OOD��t]OOL]00 (� F� UCitiVUytUCUVCVC) C�tUUC) UCUCUUCUCUt�aUUCiCiC. UCiUtUCiCiUUCit�CUt )t>'CiCitiCUt..)Ci 4 o m - d t m CL cg LW .6 c O4- W Y NY 4- O X YY Q.:. _ R U:.m L Y .•a0 --I CO Y m Y OS V.m .Y am Y Y m Y t6..m N m J c Mm -M caw NY O �U m oa Amw cc, R cmU 10 c Ica Aw'° Y :' ayi °gym U; Y Enp'?m mYm 2 a R° U. «°• c°'i°_�''om ° o:om `° c Q mm �°� c cLL �a'3 X�.° d m p ).' 0 LL 1a U m Q) m m O, O t00 N.:.. c d d U) Y a+ d m t0 E'.� Y '8 d d R m w 0 t y O R V) Ed V2c0comco WX s�c.Rda.a MMc m _OC >E� mmym0 =md*'Q Z C R3 W 'E 6 R L R •E .0 R tmo R a y A 3 'w N O O O i O C N d L y w Z d0 N to t) X t N d ,+.' O �.w Z =' ty) d E m w 0) 03 �� d .'.:� z :0 O •aR_, > C aU+ U to N C. a,, LL LO .E :7.. `..: Of Y ::106j a+ �" w l06 X O 0,� py .R L:'R d > :L G V E::`:� Ap.0 �Q�.O >.`..y.., t�O :N O `>> O'.N 'G ads, .o 'a c t6 ;,y N 'p O O O ,_ ._ O. E 'C ._ O Ms >, N R 'O _ L- O .� d. 'O d d.: O t0 R L b mW UU;.LL ti C9:U LL U 2 to ULL.. LL a 2 a a LL Zm�to toU =aLLF- :a�V.LLZLYm =�Z.U` w N:d d 0:di d d:N d -0 2 2 2 w w 2 -0 w O :O 0 0 0 0 0 O ZZZZZZzzzz 00:000.0000'00 0 0 0 0 0 0 0 0 O:O O CO:000OOCObO 000000000'0 O 000000000'00 to 0 0 0 0 0 0 0 0 C b r r T tT r T r r'T m V) CA 000OOOOOO'o0 0 0 0 0 0 0 0 0 00 O C O.:o O O.O G OO.O O O O C O O 0 0 0 0 O O. 000000000 00 0 0 0' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 v T r T T T r r r m 40 FA \°,\° \° a \° \° \° \ \° \° \° o o o o o:0 o O oio lM M M 'O O 0 47 O O 1o'O 47 MOOOMrto toONOR tC7 � to �I• d' u) t19 b � d' et O r r N N N N N M M N O Or O.N T N.r:N rlo e�Md'IOOrNM O O r O O O r r OO Z Z Z Z Z Z Z Z Z Z 1- t•; F- 1- F- 1- F- I-; t- 1- N .4+ Od'Ln COMC'CO Z �NaxMzYW =Q V >>MQmYtocOP MMOMMOMMN'N j-. M m M M M M M M r r E MMMM.MMMM'�kk 7 *:* ** * ***ZZ'fl Z Z.Z Z.Z.Z Z z�-.F d amamm'ammE2° m- 12L_1.12-jJ_IJ O Z =.Z = =Z= = = =� w w w W LL W U. w w w co 0 0 0 0 0 0 O z M :.� R r.. Z Z Z Z Z Z Zz ' Z Z Z >, t N M h �} o0 d'M P110 O M 000 �{ : tv y C : M.000N NMto V' 9a hO0V O'StNO et, to 3 c O :.0f V)COO ON tC1 N C MrO 01 ao G 00 CO to P d d R '7.MOC)OM c0 0 ) M ;" N s- N : to M :et co O 7 asp+ > tm � N :Oi 00 O O WN0) M rN tG - R :w N �'to.. M:O •=rr00 <o m _ ° d as > , :3010 0 r O : O 'MVw : O l6 3 le 00 01 M to vi t+T w A a d N t+s C9 NMIn try ee}} OOV'MP.toOM000 ee�� .0) O• :3L N MOOON .... , e!' O 1� O 0) of O 'V ;N O ;et - CD O CO O N O CD 0 N O T r O N tt Q O M OV 000 ::0 > 'a' > N i 4) M 0 C O M co N O ': M _: r N :..CD 2 'c ._ '. O C "i0 w 7 N N 00:0 C7 Z; n 00' : O d 016 41 ". O@ N R :: :0 100 O rO ;0 00 N oy) c ` a ` C :w �t 'V Lo O) t_ O ++ _ d a 4 06 0 N P 0 N r r c) cL Cl- LL N c V a O o) • w L r M r r f M M w Of 2 d t+ C � EA to i of m N O' .'c C m K? V) , d _,t. t0 0, 0 0 0 O 0o CD O.b a CD000O ::0 O `O N C > N :: N r, CD to 0) O O) O 00 00 00 M -00:00 co M W <r- U N d- C> N O �� tD.to to g):. M'to 4).47 M m . > •- �tO D '.a O > m.4! O M M of M... r r r r e':� r e= r M : M @ .>l COf ': Ci t0 !.� N a G :d' m d 2 ..d c 0 O y Y Y - ._ Q Q a- - CD m Oao O Q C a � �": Co y '. t00 0 , .F- CL O w r 00 M CQ 0 ZZ 0E0a v EE m E Wa ° 00'rioNO 'C3 N '.N !6 O ad.. C= a r d d _ r VVU c U- V W >yO T O O to 4 w 0 O 3 v:Q LL.'u' a. N:Q w �O 3 y i d R V W O E r. N r ti. as 4••c�d`.o�E 'C 2, >w, -a -0 CD z c d E •c L a d c 'C O O >_ d> o cU� - a.v_o. d m2 L y2 R rn� c ...E a- y N N N N N N r E y to N O c to O E N N'pvm'O•O•O.0 cad,+. > ILL >•= .O a. aaccacccc o)ccc -o••cw �Q W c c O O O :O O O O E •_ ,d ._ N- d y Q ) mmmmmmmmm to 3•y6 «•a'N6 `N m:RS E N U CL O N d 0 d d 0 o d d d > CO V Y E: j d N y O Q N O E W W 0: W IX W W C a Y� d'4- 3 d '0 a' o > dd3�33'S3�a caw d O y � ��aaaaaaa O y 6.2 (D i> ya'1B dU d T _NZ d to d QQQQ❑QQm d _cam ca > O E 10 > c d UUUUUUU s Q�F c O)1 -s+' w N 0 0 d t0..fA d }. 1- v w. N c ,.Y U C W U)U)toNtnN O ' UQ O) Y E. 0 C� r 'S>iUUUUUUt� v �M E o r- *0 E dU i6 ° U'Uaaaaaaa > o �- 'V5 m o�3 w O N N O O 47 47 U') W) to d d ,.N d d d N N.. tl) •+y O F :� 0!0 0 0 0 0 0 0:0 ~ O O O ; O 2-0 > A,Q M 4) m N `to C-4 04 N N N 04 N N N ` Z Z Z :..z : Z c x:0.22 2 -1 Cl) N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N - -i i s i O O O' O O O O O O. O O O O O O: O O O:. O O O'.O O O: O O O: O O O O O O O O O'.O O O` O O O: O O O' O O O: O O O O O O O O O O O .O O O O 0 0 0 0 0 0 0 O O O CO CO to W. O O. O O O O: O O O O O CD 0 0 Cl O O O. O O CD 0 O Cl O O O' O O CM Q O O O O O` O O O: O O O: O O O I O O O O O CZ CD C2' OO WO _ O w N O wN :tO l O N O->, .O O CO O f . O C' D 0 ' O AW O � O O O O n T CO :.J e_ n J e_ n Jm __ -4 ;4 �4 :4 4 J V4 9 97 9 O T W:9 O OD b O N w w w 0 W C4 0 w 0 - - - O N W N.N N O J W O O:V A WN ? W 0 NN O "O 0 VO w NO 0 0 V O 1 W 3 Q O 0 M O V 0 V 00 A W.0 4 N:N -� O.IO V01 P. "' o a,00' mw � oo00nz *om ncmnmo- oommomo=000mm*m % zwzCO T *W*mowom>ocmxmm oo 0C>"nom>mvro(n -i o < ...x i< y s = G 'O O �.. p v '°O m � o ' > O N : O n. U w (D Q -0 '6: '0 '0 N O M �,.. 0 � :.: 0 � :. �1 N .d+.:: 0 K . (MIl:. ° Q ° : 'p 0 '8 'O N O O � : -0 Q:. 001 0 0 .: 0 0 C. O O 0) m m -. oo a p CD 'n m ? m o X W 5 m tv ° 01 a O CO '0 0 �'_. p- 0(a �< O <f my mv�. ^u+`D+m3i� -C `2n ° "3_.c`�imo<ex xisxc`s?`'°+ci 3 `- °3c� "`- °.yfDy.3 3XmydMa_�o'(D 30 ;U01 `D(D u) U) Q = v � 3 0 �- 0 " m `< 3 y q m 3 D -{ 0 Q- ° � 7 A :� n R1. W .'U -� �' d.: p (A .' Q in' S' Q. 01 01 'O - O. W c'.: -fDi lD 01 "� v �. O n y y 01 n "+ 'v (�D 0 .� -.'.: � 0. �s 'O Q, 3 .,. O Q....,N 3 OCC-. � N � .: (� '0 : t�D � : �.`: D N 01 '. p� 0 C' '6 C7 0 .y. ,y.'.:.yi �G - 0 : d N; A o ,< Cl) A . w -0 (a 'O � .. %,� O F . °, : ('� -� .Z7: v 1' O < .Cir. 1 „7' (D 3 00 0 pl ; j� C ; C 7 . n = : N (OD �:.0 3. C: o. O l�D < ~ y �. � �: � *< 3:: n a y..: v G.. Q 03 01 O (D; (D 0 n. O 'Oy,: (D Oi S C N Q D: (�D °. A tD < O 3 (D • = N 03 =� f/1 A Q. �:' C ,� 3 �:'.� N ;0 N -Oi �= _..,.� N �.: 0 3..: �, .0. .On:s Q N -.'iii -n:M NY .(Ar ,,y,�, �': C. tD... p .0 W - fOD O O' O m'a ; �G (/1 N fn 'p v 0 C O O.f�D 1<p ,�-p• 3 :. d N � : G Di W m " :: =. m 7C Cl) rt �. , m Ul : � a 0 :: ul m Ju S O 0 � 031 ::. - -� = � : c M -I . M C -t : y to �' aI: n..G Oi al to - .� N "" 01 �+ .. C: � p,.. S p D m cr �:. 3 S A.. d O W .X. 0• : 0f 3 O :O A O y 2 �3,�, m p O- =`'a 'a •C to 3 0 ,•,. ,+.. .m 'a 4c ... 3 �7 p. ,�. N y �; 0 m 3... O r.:. 0 m. Q N Q 0'" �p - v y y O p 11 Ul 0.. 0 Q (D ;w W '0 N `•_°•. 0 v W °-'' 3 y ul �' �' < : ?.a a �. �' O O .i7 n �, A .-n N ,a :u n A N = (C'f �• 'r 7�: n O < n Q. W 3 A 0 '(� ' fn -F ci w Q ; m ID Q. C C C ID : ,'0 M ': � O.t ;:� d d v C A v tD m O. 7 .3.. N lQ .Z) C C O '8 '-' O CO f�D CD 0 �'.' .O �a 0t "* .: 'D 3 fp.': d y .Aii•. .< O' 0 N 3 S y.: : O n (/l y S K 0' .. A �. 3 � . (D < 3' � Cl lQ ii : � .: !( 3 N (D 3 C1 : 7 "'�' Z' fU 0! n . 3 's N : � n, n n (i 0 : '� - (D m ... 051 o 3.. 3 M Q0 0. - '8 '>3 01: m ,� :.,. 3 7C v :: � (�. n . D '0:01 p 3 O O@ S C• M S iD 01 m: 3 '� N O 3 T` O O O. (i (1 'O �O 0: M ..h 5 =_ tp' 0 N N N 01: (C O 3. n C �; tJ y N: 3 0 ID 3 (<D Vl v .y. (p 3 (= d ° -n 3 n. O y 3 3 y 3 ; C < < : (p (p w A 0 n Cf : n 0j n (° 3 fi0. 3 (D �> (D 3 3' (Q Q, _ = D y (D '0: = '6 -z O O 01 A W ,r, O A: 3 3 3 '. '0.: -0 '.° �'1 3 .' d (D W a y = 5 (D iD '0 W 5 (O N rt 0i 2 (LZ (AD m 0 0) 0 U) '^ 0 m Sio O m m ID M 3 °' D' °' 0 3 .3. r. O < a = 0 tyD � .3o N .�'K... N A 3 K `G;�+ N : Cl) C 3 v s 00 N C7 d> :N V W :A V D.o � O W :� N ,;P �O s N W �.i: N W C0 N ;J 3 �' W N Of 00 N 00 O �' W s t0 00 V O` i N t70 L 01' �/! � 0 m O Di O ch N 000 N W : A N' N 40, CD t0 O 00 (AO (A t0 "0) W -4 O v (o (A W.i. m 0i A th W : N 000 "coo 3 7: -°h X Q1 A O O O O O O O' W O W .O O O .O W N i 0 O O! W O O' tlt O 00 W O A' N 0 0 0 0 O: tit N O aD O W W N O O O �! O O Gt O O O O O N O O tli O W 0 0 0 0 00 O.O 0 0 0 O W N J t0 V 60 m �< m 0o CD (M O C'.0 O C;M W Oi:C O W W W:O O O .D. Oi C:L4 O .D. -J CO k) th C C:.0 C 6 b Oo co'A IN V`O ->• W O O 6i10 (1t (O:O O CIC O IJ1 O O.W C IV d C G O W O :O O C.0 GO O', C1 IV j. j. J - '8 < d Z W O O O O .O O O Oi y vW '.O O of O .W. O O O O 'a s O: 3 0 00 `0 O tO v O O' O O O 3 V N. N O W wO .N. v. O 0 V: O O CJf o 0 0: C. 0 0 0 O V A 00 O O O O v a O O O O O s 00 s V W O. 3 O N � V 0 rn co W 0) 00 0o 0o w o o < °' 'n N W 00 A f0 O N N J i t� W O N O V 0) N v N: t0 co 00 r_+O i'. A !!( A C �.: 0,. J O 0o is N 00 3 s V t0 W W W N, J N N Cl( C "C C C::CM C C -C C c <C C .p:: -+ C C -.(n C C.0 C C.0 m C:is C.K) 4C C C::C C C:C W C C C cm to W 0 C= C.0 C C.C!2h Of C. C C -C C C.0 3:C:o o C:.0 o C C c c:'C C cz C C':C (A (D = v Cl) O O Cl O: O O 0= 0 O O `. N O co S A O CM CD O O O o O; O 00 CZ tl( Cl G) w O O': O O O`. O N 0- 0 0 0 N N ->• 0 0 0 O O O CI O: t� O O: O O Cl Cl s O. O O CD, 40 O O: O O 0.. 0 O .O : O O' O :O fq' iA- 0f 4A - T W N V: X tD. to s W s 3 0o --� t0 ,p : N s. N W (aD d vp i (0 00 Di N J tN0 O> y N A �N A A+ W N VAJ th W A A v N A -� t0 N 4h, a N vcm i d s V O 3� W N Q W th Of V J V t0 t>D 00 ..a V A w 00: W ? O: � N O:tO W (D N A P. -+ -N V W V -� N. W tN CD 00 O 0` CD N O 1! 00 s -4 O 3 O O W W V N: A J N :.00 O N J N W 00 O 3:00 i, V 00 i. 0) W O; O W 00 N N N 00 W V O C N th : N Ci 9) N N V :, N W V "1 N W O O O: V O A: co O O N O V: V 00 A tp 0 0 0 O A O) (O O: O s U(- 00 O w O Vl p( O O N: O O O O O O: O O O t7i 0 0 0 0 0 0 0. 0 i O.. O O O, O O O -O A W N N t7i N p s y W p IJ �I OO W 3 pl' �JI C IV '-> C G -i W G -� G N OD O O:G O -1 fJ( �h O C .1 O O O N" O -4 O C C 0 C CD C C C C CZ O W O C C C C C C O V C C C O` C O O "G U) J th : W O N ,mil A tO O (O W 'A W A' O N W O O A ah O N O M W A 11 W M O O'. o O N N N O. W w N -0 A m 46 O A O O 00' N O o 0 O O' O O ,O .p O O O O' O O O .O O O O O O' O O o 0 O O _ -i N .� ul N ^I ->•N N 00 (NO N O O ^-tWri -OWO O OONA NCNJ( (J'1 W W'N <WO A A -ONf:� (NO 00 W`N �. ' i _ i W_. W N t0 CO N O- I N ONO O O th M v V J ifl 00 t0 O 00 s th A 0) N A N w A 0 O w O W A (O IV A N in O N Ui tJi J DD aD j 00 N .a O s N N V:OD s V:N O ss.0 O ACA V -1 -� t0 N' O!N N N`A O N -s C7 W A is Q.:3 : O N s 07: P!,) Vii : t0 O s s J O (O d) J 00 C. O N N N d> O W! : W O A W O W N co (:OAO 'S 3 .. N 0!00 N NI O O k) 1 <O (D m A Ch. (h 00 N`.A O O:.O O Al-� -� O.I(h N 00 p. W to co N N'.O 01 Cl O O O O N O O.<71 N:O O O O 00 O.O 3 O: O O W: N J (D -4 01 A'. 00 co 4i" N N th 1 N .C.. -�' 4i �I -a?: W V -� ' -1 A V O o N? tit C C C O (h W O tV.I IV O O: C C: I V1 O CD C <h V: N s �' N C {ar C V/ V- W C C C C. (J1 C C. t,J W N (. C C) cp b W O: C LI C: C b C: C N to tO A � ^0 to (h W O N N t0 01 Cl s: N W J O O 0) 40 O A' O s Ch -1 W� N A W:yO O .O O O (h W O N: O( w N: A O NSA O 3. 0 O v 0 O O O O O: O (D N 00:0 O O .O J O O O O: O O -i W - J W W \G 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 to 0 0 0 0 0 0 0:o r- ao N 0 0 0 OO _O OO 0 0 0 0 0 0 0 0 0 0 O O O OOO 0 0O O O O O M O O O O OO OO 0 0O O O O O OM O O 0 0 0 O OO CA V' O O O W r 0 0 0 O O O O O O 00 O O O O O O O O N ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ O p r3 OLD t00 M l=MO M N O b t00 t00 r N O to m 0 O 0 N le 1 O o wc� M. N O m m m m m m y m m � 'N N� O t0�. 000 W 0 O M 0 N.:0 M't m to M O 0 W :'d .m m m 0 tC O r to LC) to r. M M r r N r M r N O N N 0 0 1, N r r to O I- F F- (- F F- N F- I- r r r t- h O to M 0 r F CO O r M: 1-. F- F" t0 H..H F H f-• t0 � O '. V' Ts>;" tp' N e=. M V e= N r x w N V' h M to :O N O h r M M h N V' N h O st N M :O O r to V' O N to O et W N M M M 'O h o> In O N at M CO to O O N 00 O h r h M M O O r O M Ir1 O N M Of r O t0 O) et h N O M Io O d r 00 � et O . to In Cl! r M M N t0 O d. It r 1C1 N O Iq O h n O t0 t0 O w V O u; r t0 et O e- O N M t0 N O N O O M O to ao to O M O O 0 et O t0 V er 00 ti M r ti M r at N ui N N M N o N M V' r Oi CM CA r M r tCi M O M N h h M O ..1, O N V• O h N C N O .O M O :.M M r. V' t0 `M IPi r M 10 M aa}� `6 O C 4Y N N Q. C CO Co. r 0 -M O 0. N co 00 h M r 0) .M 1, N N C C .N W CA O N h lCD CO v w N N co CO O h 00 OO :M In h h w N to M N N W N a r r V w m 0 N a to h 0 w N h: co co �t N M CO h N to 'M N r h r _ N r O M M O to t0 r et 0 to r' O N h r 00 h N :w et M" CO co r h r* M N OD h :O N W h :.M N 'dt N M O O V' N O M m 00 r N M M r M O N N C> to O M O 0� M to W 0 O I 00 t0 h ' 00 O r O N V h N to 00 t0 00 01 n h n 'c M O dO CD M 06 N r .'h N e! CO CO' r .O d !O aa}} q r :cO tp 4 r 06 c N .00 :Of to 00 :CD N " m to' .Me} t: co to 1, to in m 00 M O r st 'N O '* = 00 :.0 M' m ` w I-- m .4 f, CO 0 eF" 4 r n :tn h N CO C6 V r 1 - �- h h 'to N M In O to rn O..r r O IV CO r :et 'd' O to h It CO D M M r O CO . to r 'd' t• r '.N V' In 'M r CO O r c 0 r M r h V' M '.r O Co N It r to M :et M r r Co r 0 10. N to r In t0: N N f, Co N N.r N:to r r N h im ,.h r r M 'd' r :r r N r a- p O r co w r Ln: r W r cli 06 L N O O O O O O O O O Co 0 0 0 0 0 0 0 V' O O .O O O O O O N co O ',O et O: V' O st 'O N w m O N: N M O O O O: M 01 v ,V' M w O 0 O ,tn et O: M N O v M v M O) O to st h N O Co to h d L.. 0 0 0 0 0 0 0 0 :h O O q 0 0 :0 O O M 0 0 0 0 0 0 O O Cn CD O O tl� 0 N N 0 0 0 1. -tO O to IO h O 0 0 0 00 N O r O M :r O O r N O a0. r M CO 11 N et M fir st N -O N N M st ❑ N d.7 O O 9 C O:G O O e- C G. C C 0 0 0 a G C:O O 0 C O O:M N O:O W 0 M 0 C:CO t0i r,C O YA.W It O O O C.:0 V' W ri te Q W 0:00 at Q M M O M N r I- M C h N N W N 0 N z d >! :O 'h M O to N.:tn M MICA O M <O r OO:h r W r 0 M W N...h N Co :.0 h sf N h M W O to `r O N h r W h O LL _ "a N N ;t0 Cfl O 00 O N M to e;'n In h r '� r It 14 N Of M C> CO N O V' M 00 O 'I h r :OO 00 01 h -h h IR w lc C : :N Cl) r CO ' :r OD N V N N :O r e!" M n et sF CO 111 h. N to V' sF h V' N h 00 W to .tom N t0 M 0 r: C M N r N ,.h V 0) ate- M W er-.N .M N. r r. Cl) r O 7 n O.0 LL w. h N N O M w.0 W M: CL Q N 0 0 0 O O O O O O O O O O O O O O w O O O O Cl O O O :t0 M O O M C. 0 0 O r O 0 'O O M N h 0 0 0 0 W N W M h 0 r O O O O O to 0 N N O V' W W N 'O O O M O M to 00 W ¢ 0 i 0 0 0 0 0 :O O O 'O O O O O O O O O :f` O O O O O O 0 0 M 0 0 0 t. O O M V N N O O O W 'W 0 0 0 0 0 0 h. O d' M O M O O SO O O m fv to ,et p O O N M t0 O h N N N M a0 W:E w p .,,a,,. C C'C O O.O O O:O O O:O O O;O O Oan C O O O C 0 O C:C M 6 M O'C 4 N..M 4 st :C C h t0 N 6 6 O 0.11> e6e} 6 N C N C 6 O 6 h 0 00 IO.:N M e= d' 1� C C4 'd N:ICi tp ' ) O Q N r CO CO r N M N ton co M ::� n :. O0) st;, MV' M N ^ t0O ` r N O r Vh' O: M n N t00 I � tNo O U. 0. to N If ti r CO v N :.O N h :CO W N O C M TZ 00 a U w N to r r r N r N co fR > p .+ C: p C C C C C C N lT6 'd' 'Y R -dp y C N =` C �, ty L +. O 10 O to R R O d .n O d Cij R d d .N C .«. a a a a a a "' E E N d M 0 w sT 't� i w N rn a❑ N C ❑ y N .0 �. = L d d. L C d a p„ d d '. £ 06 V c. O. d a) 0 d t) ..0 y 1C d '.0 > >: N 'C C +N+ O U. w a1 Q V L C C d, t N a1 a1 0 O O of : N ++ t) 0: 0 O E d C L 0 0 a � o .:L ❑ ❑ .> > U ;; ,d C N. .O..:a= '0 :3. � 0 , ;0 M 0 M X::V N y;.� p � ..Q d O`.O O' 1p Cp ❑.'O lL0 C '.d y C X N d 10 ::� V ❑ 5.+ d > O a d � d .�.. d. a.L N N �:A p V T d:.p, CL :.E N:.y m.�`..Y A 7:t w.. :a V r.'R r �;n. d d N d N fn a_0 CL CL 7:�:'++ CD m.w C :'t0 ,w E 3'.A t0 O< 0 a :c d � .a :.m �vp `t) Q a1N N L:0. L) N:L.L ;t6 L';C 'aU p O..L C,t0. d 0aLN w, '� L Q.a Q•Qr.i dw:.� 0ad,: O Oij 1�'C QSi,:.0 > y N.� ia:V 'L.d ,j ❑++:a 'S `:'a 'C 7 to :N N ad+ pt.:A_ i L L ty >'�.'8 d d;0 Y.J } a C.,.d t6 �:. <p .O a:� C t0 .� d N'.N « w:.y 0 Q. Ci :.i 0 CL X �' � O Q :N 3 �..:i m .O O w Y 'd d R: L C d = J X .Q N Q ., d : C � 'a ~ � . � .. N 0 .... y r3+ y �..F Co .� . N d � : � � N .: y a N .w � �..:0 d V : V v � : _G 100 N ' `p US O. O. Ca Co 0 0 5 >, U) N '❑ Q : 0 = . w, ❑ C = .. L w m Y � � ,.. N .a : tO � � � :.; Co d `C ,Q : d Va ❑ '0 p Q� ..� N_ : V N N d '' Q s.; W...: 001 0 0 :r N d. C d cr 0 d (0. 'a CO N .: y N N. d c Q u. w e ,a .0 m d�, 3 T N: m E a ': lA L N: d � a' .Co C N m> `.L.. Y m: d .'� i C. 'a t -a FO Q= 0 R Y j p <a .0 d y 3£ V 'R V N a U. O O p B 'p'° a T V C W'W Y Y a"n O >,'Ld t6 'C t0 = i d N O ' 0 3 Y m O'C O 0 C 13 a' : i : (O � Q.� a+ d 3 -C m C =.� V Q w.. Cn C L L 'a C y w 3 N p. •L tly >+ .A N .0 0 a. N w l6 C O .. ,a � C: V 0 ,,,, Y .. R ci Y '"' :•O L t:. m w N, O❑ Z O J V N 0 O D d •� I� p.Y,2 U. N`a � d d V (% 5 C Y :�, d 0 0 - a O� ''~ N tN0 y ❑0 U. 3 N J a -a m m.0 O= V -Q. � d C �'C a i F.:'a C :` la0 to � G' � ti d J Y� 3.� `i :..++ 0' .41. •0 C� :t C� O C C �� ...3 L d d =: R V N Q£ R .. � O� N :O + N (0 d 0 7 Y Y Y Y d : A N O ._ `. Y .. A LL .." d ,.la3 R N A N i 0 ❑ N N Li E L O - �+ (� :(0 x L':N L.y c6 C L'd �.� ❑ R >�� X d ci /"' L N ~ �._� L R� 'L ;w :c O.S R .:M- to E L d d,.3 O..` .p :d G. :C1 O E tiJ:d d E y o 2 5, r- ? Si 7 � •` .Q .O`+' C v'A � R A..: �, 81s ° .W � 'N � M`�' 4..W ::.G1 d h :r tL :'d 3 0:� :N � W ,Q tC p^ C R t0 L O a a O C 0 rO+ R d a l0 : o d a O C a o a o (O d O 0@ l6 C o 0 0 ._ a 1C p a a a a c N a N o A 0 1 a o O o d 0 d o 0 0 o r0 {NC C a 0>0 > O F a` �-wV a'm¢mt9ac�.m U) ca vmUw N a V ztoz a,mmwVC7xVwUQ UC�t- raV2oU)N zUmNrwCn' oO¢ 0 0 V r ,M O O :r N N st to M It 0 CO h M r N M h -0 t0 00 O O r M to O:h W 0) CD N M to h 00 :Of O r N W 00 CA r N M d' r N M et h 00 m 0 to r V h 00 O O r N It h N M V' N M a to 999 v� a� 91 0,000.9 9 OOe�.r- r: N N CV N M 9.00004 00.r•rrt e� �r:�Ne NNNN.N Mt M.Co M0000000rr 0. 000DTT.r r- .000. -e��r h 00 to T M O r C4 N CV :M M M M M M M M M M M M M M M 4 4 d' 4 r4 4 4 4 4 4 v v 4 4 c v 4 4 4 d' 4 st V� 4 th ill In Lh G :A tb Lh tQ 6 t0 CO c t0 t0 CO to m t0 h ti n h n h t: h h h h co 0 0 0 0 0 Cl Cl 0 0:0 0 0 0 0 0 0 0 0 Cl 0 0 0 0 0 0 0 0 0 C. 0 0 o Cl 0 0 0 0 0 0 0 0 0 0 0 O o Co 0 0 0,0 0 0 x 0 0 0 0 0 0 Cl 0 0 0 0 0 0 0 Cl C. 01 0) 0101 rn o 0 Cl 0 O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C. 0 0 o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 r rr r r N N NN N NN N NN N N 1N N N N N N N N N N N N N N N N N N N N NN N N N N N N N NN N N .N N N rN NN N N NN NN N NN N N N N N N -N N N N c Q `o I D c �3N v r 0 ' CD'c D 0 O sv C 0 A -i n C c z M C- N c 40 c 3 0 0 = w as w m � CD o o °o n� 0 o (D -n> c 17 °o n ; E n <' <r (D (D O C ti3' Efl CD C CD N N N < C O D Oi O O OD m O O C e•e N O O O O: O CD C 1 1 n ,x cis z Ot X CD 0) CL N O PPP C O C G O t O O O O N y� SU CD Q C4 co 00 40.1 00 ° @ O O'O O '- N O O O O O O: O O O a RESOLUTION NO. 2008 -160 Council: X Miscellaneous Communications Agenda: 10/14/08 X 10/8/08 -TG Copy to: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK Recognizing and Commending JEANNE JOHNSON AND THE C. PAUL JOHNSON FAMILY FOUNDATION FOR THEIR CONTRIBUTION TO THE OSHER LIFE LONG LEARNING INSTITUTE WHEREAS, the Osher Lifelong Learning Institute (OLLI) is in its eighth year at Sonoma State University and features courses for adults 50 years or better; and WHEREAS, each year more than 1,200 OLLI students attend stimulating and challenging courses offered by distinguished retired faculty and other experts. OLLI courses are offered through the School of Extended Education purely for the pleasure of learning — no tests and no grades; and WHEREAS, OLLI students have access to numerous campus resources including the Jean and Charles Schulz Information Center and Library, the University Art Gallery, the Sonoma Film Institute, and educational travel opportunities; and WHEREAS, Jeanne Johnson's commitment, along with the support of the C. Paul Johnson Family Foundation annual grant, allows OLLI the opportunity to achieve unsurpassed excellence through innovative program development, faculty recruitment, and dedicated service to students; and WHEREAS, Jeanne Johnson has been instrumental in the success of the Osher Lifelong Learning Institute since its inception in 2001. Her legacy to the OLLI cannot be overstated. Her personal leadership has guided the program in the following ways: • Her appointment to the OLLI Board of Directors in 2005 -2006 provided strategic guidance and support to fellow volunteers and staff • As Chair of the OLLI Legacy Circle (a group designating OLLI in their estate plans), she provides a one -of- a -kind donor program in the OLLI network • She initiated the Johnson Family Endowed Student Scholarship Fund for OLLI for the benefit of student scholarship recipients • Her generosity in underwriting of the Annual OLLI Legacy Luncheon allows all OLLI donors, regardless of the size of their gift, to attend the luncheon • Jeanne was chosen as recipient of the 2003 -2004 Stolman Award because of her dedication to furthering the Lifelong Learning Institute, its mission, and its future • She once provided a fundraising grant to the OLLI that was matched by fellow OLLI students. She also provides grants that supply essential items for the program. She is most proud of the grant that offers scholarships to seniors who cannot afford the program; and WHEREAS, Jeanne believes in the program and supports it in numerous ways. She watches closely over the program, never taking it for granted. She joined the program at the insistence of her late husband, Gilbert, who had been diagnosed with terminal cancer. He knew that she would need something positive to help her through the coming months. Jeanne has formed many deep friendships at OLLI and considers these friends her extended family. According to SSU and OLLI, Jeanne is family! NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it commends the Osher Lifelong Learning Institute and extends our deepest gratitude to Jeanne Johnson and the C. Paul; Johnson Family Foundation for the gift of education to our community. DULY AND REGULARLY ADOPTED this 141h day of October, 2008 CITY OF ROHNERT PARK Mayor Jake Mackenzie ATTEST: City Clerk Judy Hauff RESOLUTION NO. 2008-161 Council: X Miscellaneous Communications Agenda: 10114108 X 10/8/08 -rc Copy to: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REJECTING THE CLAIM OF Michelle Grillo [Traffic Accident] BE IT RESOLVED by the City Council of the City of Rohnert Park that that Claim for alleged damages dated September 15, 2008 and received September 17, 2008 is hereby rej ected. DULY AND REGULARLY ADOPTED this 14" dqy of October, 2008. CITY OF ROHNERT PARK Mayor ATTEST: City Clerk Ref: Claim No. 2008 -15 Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2nd & 4"' Tuesdays of each month: Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to 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. 2008-162 Council: X Miscellaneous Communications Agenda: 10/14108 X 10/8/08 -TG Copy to: CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: October 14, 2008 Department: Recreation Submitted By: Guy Miller, Recreation Services Manager Submittal Date: September 17, 2008 Agenda Title: Cotati - Rohnert Park Unified School District /City of Rohnert Park Joint Facilities Use Agreement (2008 -2011) Requested Council Action: Approve the Joint Use Agreement Summary: This agreement provides reciprocal use of various athletic facilities owned by the Cotati - Rohnert Park School District and the City of Rohnert Park. The agreement also provides the necessary indemnification and insurance requirements for each party. The current agreement expired on June, 2008 and both parties have agreed on a three -year renewal. Staff recommends approval, and has experienced a positive working relationship with District Administration regarding the use of facilities for many years, and in the development of this agreement. Enclosures: Resolution Cotati - Rohnert Park Unified School District/City of Rohnert Park Joint Use Agreement (2008 -2011) CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney. CITY MANAGER'S RECOMMENDATION: onsent Item ()Regular Time Approval O Public Hearing Required ( ) Not Recommended O Submitted with Comment ) Policy Determination by Council ( ) City Comments: /�� City Manager's Signature: Date: /" 6 � Z�-47 � � 0­411Z (Revised 0105 ) JH:T - S:05 -b RESOLUTION NO. 2008-162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE AGREEMENT WITH COTATI - ROHNERT PARK UNIFIED SCHOOL DISTRICT FOR JOINT USE OF CERTAIN PUBLIC FACILITIES OWNED BY CITY OF ROHNERT PARK AND COTATI - ROHNERT PARK UNIFIED SCHOOL DISTRICT WHEREAS, the Recreation Director has met with officials of the Cotati- Rohnert Park Unified School District (C.R.P.U.S.D.) and reviewed the existing Joint Use Agreement for Facility Use, finding that the terms and conditions have proven satisfactory this past year; WHEREAS, the Recreation Department and C.R.P.U.S.D. desire to continue the sharing of facilities, through the Joint Use Agreement, for the provision of services to the public; and WHEREAS, the Joint Use Agreement expired on June 30, 2008. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby approve that certain Agreement, by and between the Cotati- Rohnert Park Unified School District, and the City of Rohnert Park, for the joint use of certain public facilities owned by the City of Rohnert Park and the Cotati - Rohnert Park Unified School District for the term of September 12, 2008 through June 30, 2011. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 14th day of October, 2008. CITY OF ROHNERT PARK Mayor ATTEST: City Clerk CoU�)Ck z !21 CQTATI-ROHNERT SARK t]NIFIED SCHOOL DISTRICT MEMORANDUM To: 'Guy anion Service Manager, City of Rohnert Park From: Sandy Divine, Executive Secretary to J. Wade Roach, CFC P Subject: Joint Use Agreement Date: September 16, 2008 Guy: Enclosed please find two copies of the above - mentioned agreement and a copy of our Board Item #14 -14 dated September 9, 2008, approving said agreement. Please obtain the proper signature on both copies, keeping one for your files and returning one for my files. Thank you for your time in this matter. AGENDA ITEM: CATEGORY: COTATI- WHNEKT PARK UNIFIED SCHOOL DISTRICT 14 -14 Business Services TITLE: Consider Approval of the Renewal of the Agreement Between City of Rohnert Park and Cotati - Rohnert Park Unified School District for Joint Use of Certain Public Facilities Owned by City of Rohnert Park and Cotati - Rohnert Park Unified School District SUBMITTED BY: J. Wade Roach, Chief Financial Officer APPROVED BY: Barbara Vrankovich, Superintendent SUPERINTENDENT'S RECOMMENDATION: That the Board consider approval of the renewal of the Agreement Between City of Rohnert Park and Cotati- Rohnert Park Unified School District for Joint Use of Certain Public Facilities Owned by City of Rohnert Park and Cotati- Rohnert Park Unified School District and authorize the Chief Financial Officer to execute the necessary documents. SUMMARY This is an agreement with Cotati- Rohnert Park Unified INFORMATION: School District and the City of Rohnert Park for use of facilities. This agreement shall be effective September 12, 2008 through June 30, 2011. A copy of this agreement is located in the Business office. REFERENCE: 099 AGENDA ITEM: 14 -14 DATE: September 9, 2008 AGREEMENT BETWEEN CITY OF ROHNERT PARK AND COTATI- ROHNERT PARK UNIFIED SCHOOL DISTRICT FOR JOINT USE OF CERTAIN PUBLIC FACILITIES OWNED BY CITY OF ROHNERT PARK AND COTATI- ROHNERT PARK UNIFIED SCHOOL DISTRICT This agreement ( "Agreement "), by and between the City of Rohnert Park, a general law city and a municipal corporation ( "City "), and Cotati - Rohnert Park Unified School District ( "District ") for joint use of certain public facilities owned by City and District, is entered into and effective this 12th day of Sept. , 2008, as follows: GENERAL RECITALS A. City owns certain public property and public facilities which District could use at times when City is not using the property or facilities. Likewise, District owns certain public property and public facilities which City could use at times when District is not using the property or facilities. B. The purpose of the Agreement is to provide for the use of City -owned or managed public facilities by District and for the use of District -owned or managed public facilities by City. C. The District has adopted a Civic Center Act Policy (Board Policy and Administration Regulation 1330.1) ( "Civic Center Act Policy ") which governs the use of school facilities and grounds pursuant to the Civic Center Act, California Education Code Sections 38130 et seq. Any inconsistency between this Agreement and the Civic Center Act Policy shall be governed by the Civic Center Act Policy. D. It is also a purpose of this Agreement to allocate responsibility for the safety and protection of children and others while the facilities are being used by the non -owner user and to allocate risk or liability to the user of the facilities or public property. AGREEMENT In consideration of the foregoing and the further covenants and conditions herein contained, City and District do hereby agree as follows: 1. Recitals. The above recitals are true and correct. 2. City Facilities. City owns the facilities described on the attached Exhibit "A," incorporated by reference herein ( "City facilities "). 3. District Facilities. District owns the facilities described on the attached Exhibit "B," incorporated by reference herein ( "District facilities "). 4. District Use of City Facilities. City agrees that District may use the City facilities at any time when the City facilities are not being used for a City activity provided such use does not result in a loss of rental fees to City from third party uses. 5. City Use of District Facilities. District agrees that City may use the District facilities according to the following priorities, as set forth in the District's Civic Center Act Policy, a copy of which is attached hereto and incorporated herein as "Exhibit C ": a. Educational programs of the District (clubs, class events, etc.). b. Contracted uses (leases and licenses pursuant to the Education Code). C. School and District affiliated groups (PTA, booster clubs). d. Public agencies and public affairs groups (nonprofit). e. Community recreational and cultural groups. f. Private, non - school connected classes and educational events. 9. Profit- making or commercial events, out -of- District groups, etc. City use of District facilities is defined as uses for programs and activities directly sponsored by the City. These uses are separate and distinct from uses by third parties, as listed in the priorities of use above. City use of District facilities shall at all times comply with the District's Civic Center Act Policy, including, but not limited to, restrictions on time of use, prohibited uses, and supervision requirements. City use of District facilities pursuant to this Agreement shall be subject and subordinated to any agreement between District and Sonoma State University, or another third party regarding use of particular District facilities. District will provide City with copies of any such agreement(s) upon request. 6. Coordination of Facility Use. City and District agree that any use of the each other's facilities under this Agreement shall not interfere with the owning party's operations and uses of their facilities. Pursuant to Education Code Section 10910, City use of District facilities shall not interfere with any other purpose of the public school system. Both the City and District agree that neither will cancel the other party's scheduled use less than ten (10) working days prior to the scheduled use. Notwithstanding the foregoing, either party may, without prior notice, immediately cancel use of particular facilities if it deems, in its sole discretion, that immediate cancellation is necessary under the circumstances. In the event of such cancellation, the canceling party will make a reasonable effort to notify the other party of such cancellation as soon as practicable. In cases that such cancellation cannot be avoided, the canceling party shall make reasonable efforts to provide an alternative area or facility. 7. Janitorial and Custodian Services. City shall be responsible for providing customary janitorial and custodian services for City facilities and District shall be responsible for providing customary janitorial and custodian services for District facilities. District and City agree to provide their own clean -up and shall put the furniture away after each use of the other 2 party's facilities. It is the responsibility of the party using the facility to return the facility or grounds to its original condition. Each party shall promptly communicate information regarding clean -up problems to the other party's designated contact for such information. District shall charge City. a fee not to exceed direct costs to the District for janitorial service, services of other District employees and salaries paid to District employees necessitated by City's use of District facilities. For example, if janitorial or custodian services are needed on weekends or at other times when a janitor /custodian is not on duty, District will charge City for the direct costs of paying the janitor /custodian for the hours he /she is required to work as a result of City's use of District facilities. City shall charge District a fee not to exceed direct costs to the City for janitorial service, services of other city employees and salaries paid to City employees necessitated by District's use of City facilities. District and City shall retain any and all documentation relating to the services described in this Section 7 and make such documentation available for inspection by the other party. 8. Condition of Facilities. Each party shall be responsible for maintaining its facilities in a safe and appropriate condition. 9. Fees for Use of Facilities. Based on the reciprocal use of the facilities listed in Exhibits A and B, City and District agree not to charge each other fees for the use of the facilities, except as provided in Section 7 of this Agreement. District may charge third parties for use of District facilities in accordance with the District's Civic Center Act Policy and applicable state law. No later than thirty (30) days prior to the expiration of this Agreement, City and District agree to compare their relative use of the facilities listed in Exhibit A and B during the term of this Agreement. If there is a substantial disparity between the of the parties' use of each other's facilities, City and District will meet in good faith to discuss adopting a fee schedule for facility use under the successor Agreement. 10. Prohibited Uses. Any activity prohibited by state or federal law or local ordinance is prohibited on City and District property. The possession, consumption, or sale of alcoholic beverages, tobacco, or any restricted substances on District property is strictly prohibited. At all times when the facilities are used by City or District, the facilities shall be under the supervision and control of the party using it and its agents and employees, and shall be administered and operated in accordance with all rules and regulations established by City and District, including, but not limited to the District's Civic Center Act Policy. 11. - Supervision. At all times when City uses District facilities, City shall ensure that there is adequate adult supervision over the conduct of all of its activities at District facilities, which at a minimum must comply with the supervision requirements set forth in the District's Civic Center Act Policy. At all times when District uses City facilities, District shall ensure that there is adequate adult supervision over the conduct of all of its activities at City facilities. 12. Indemnity. City shall indemnify, defend and hold harmless District, its officers, agents, and employees, against any and all claims, causes of action, suits, or judgments, including expenses incurred therewith for death or injury to person, or loss of or damage to property resulting from negligent acts of City, its officers, agents, employees, or invitees in the performance of this Agreement, excluding any and all claims, causes of action, suits, or judgments, including expenses, resulting from the sole negligence of the District or from pre- 3 existing condition of the District's property. In the event of any such claims made or suits filed. District shall give City prompt written notice thereof, and City✓shall have the right to defend or settle the same to the extent of its interest hereunder. District shall indemnify. defend. and hold harmless Citv. its officers. agents. and employees, against any and all claims, causes of action, suits, or judgments, including expenses incurred therewith for death or injury to persons, or loss of or damage to property resulting from negligent acts of District, its officers, agents, or employees, in the performance of this Agreement excluding any and all claims, causes of action, suits, or judgments, including expenses, resulting from the sole negligence of the City or from pre- existing condition of the City's property. In the event of any such claims made or suits filed, City shall give District prompt written notice thereof, and District shall have the right to defend or settle the same to the extent of its interest hereunder. 14. Insurance. At all times during the term of this Agreement each party shall maintain insurance coverage as follows: A. Liability Insurance: Comprehensive general liability insurance with the following minimum limits: $1,000,000 per occurrence $2,000,000 annual aggregate $4,000,000 umbrella coverage Each party shall name the other party and that party's officers, officials, employees and agents, while acting in that capacity, as additional insureds. The umbrella policies must be at least as broad as the parties' liability coverage. The City's insurance shall be primary as to liability arising from its use of District facilities, and the District's insurance shall be primary as to liability arising from its use of City facilities. Each party shall provide the other with written proof of such coverage upon execution of this Agreement, and shall further provide the other party with thirty (30) days written notice of a material change to or cancellation of such coverage. Each party may self - insure for the required coverage. B. Each party shall maintain Workers Compensation Insurance for its employees as required by State law. 15.. Master Agreement. This Agreement shall serve as the master agreement covering the rights and responsibilities of City and District regarding use of the public facilities identified in Exhibits A and B. 16. Term. This Agreement shall begin on the date first written above, and shall expire June 30, 2011, unless sooner terminated as set forth herein. The parties agree to meet no later than thirty (30) days prior to expiration of the Agreement to discuss the renewal of this Agreement and the joint use of public facilities. Duly authorized District or City administrators 4 may, pursuant to mutual consent memorialized in writing, alter the facilities list (Exhibits A and B) pursuant to Section 18, below. 17. Successors and Assigns. This Agreement shall bind the successors and assigns of the parties hereto. 18. Modifications. The terms and conditions of this Agreement may be modified or changed only by written mutual consent of the parties. 19. Assij4nment. Neither party shall have the right or power, without the other party's written consent, to assign its rights or delegate its duties pursuant to their Agreement. Each party shall not make any use of the public facilities which is not in keeping with the purposes of this Agreement. This provision shall not apply to either party's right to permit community groups and organizations the right to use the public facilities. 20. Previous Agreements, This Agreement supersedes and replaces all previous agreements by and between City and District as they may pertain to use of the subject facilities. 21. Notification. Any notices sent to City and District pursuant to this Agreement, shall be addressed as follows: For the City: City Manager Rohnert Park City Hall 6750 Commerce Boulevard Rohnert Park, California 94928 (707) 588 -2226 For the District: Superintendent Cotati - Rohnert Park Unified School District 5860 Labath Avenue Rohnert Park, California 94928 (707) 792 -4722 22. Termination. This Agreement may be terminated by either party by giving the other party to the Agreement thirty (30) days' advance written notice of such intent to terminate. 5 Date: City of Rohnert Park, a Municipal Corporation C Mayor Authorized by Resolution No. Approved as to Form: O_azt�'- A5- r City rney Date: Cotati - Rohnert Park Unified School District By: Pre ', Board of Trustees Authorized by Resolution No 0 EXHIBIT "A" SCHOOL USE OF CITY FACILITIES CALLINAN SPORTS & FITNESS CENTER HONEYBEE POOL BENICIA POOL ALICIA POOL LADYBUGPOOL MAGNOLIA POOL SUNRISE PARK COMMUNITY CENTER BENICIA PARK COLEGIO VISTA PARK EAGLE PARK GOLIS PARK LADYBUGPARK MAGNOLIA PARK 7 EXHIBIT "B" CITY USE OF SCHOOL FACILITIES Note: Only those facilities listed under each school are available for City use, not the entire school site. RANCHO COTATE HIGH SCHOOL Baseball Fields Softball Fields Open Fields Gymnasium MARGUERITE HAHN ELEMENTARY SCHOOL Softball Field Multi -Use Room EVERGREEN ELEMENTARY SCHOOL Soccer Field Playfield WALDO ROHNERT ELEMENTARY SCHOOL Soccer/Playfield Multi -Use Room MONTE VISTA ELEMENTARY SCHOOL Multi -Use Room ALTERNATIVE EDUCATION SCHOOL Soccer Field Baseball Field JOHN REED ELEMENTARY SCHOOL Soccer Field Playfield MOUNTAIN SHADOWS MIDDLE SCHOOL Gymnasium Baseball Field Football Field Softball Field EXHIBIT "C" EDUCATION CODE SECTION 38130 -38139 38130. This article shall be known and may be cited as the Civic Center Act. 38131. (a) There is a civic center at each and every public school facility and grounds, within the state where the citizens, parent- teachers' associations, Camp Fire girls, Boy Scout troops, farmers' organizations, school - community advisory councils, senior citizens' organizations, clubs, and associations formed for recreational, educational, political, economic, artistic, or moral activities of the public school districts may engage in supervised recreational activities, and where they may meet and discuss, from time to time, as they may desire, any subjects and questions which in their judgment pertain to the educational, political, economic, artistic, and moral interests of the citizens of the communities in which they reside. (b) The governing board of any school district may grant the use of school facilities or grounds as a civic center upon the terms and conditions the board deems proper, subject to the limitations, requirements, and restrictions set forth in this article, for any of the following purposes: (1) Public, literary, scientific, recreational, educational, or public agency meetings. (2) The discussion of matters of general or public interest. (3) The conduct of religious services for temporary periods, on a one -time or renewable basis, by any church or religious organization that has no suitable meeting place for the conduct of the services, provided the governing board charges the church or religious organization using the school facilities or grounds a fee as specified in subdivision (d) of Section 38134. (4) Child care or day care programs to provide supervision and activities for children of preschool and elementary schoolage. (5) The administration of examinations for the selection of personnel or the instruction of precinct board members by public agencies. (6) Supervised recreational activities including, but not limited to, sports league activities for youths that are arranged for and supervised by entities, including religious organizations or churches, and in which youths may participate regardless of religious belief or denomination. (7) A community youth center. (8) Other purposes deemed appropriate by the governing board. 38132. Notwithstanding Section 38134, the governing board of any school district shall grant the use of school buildings, grounds, and equipment to public agencies, including the American Red Cross, for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The governing board shall cooperate with these agencies in furnishing and maintaining such W services as the governing board may deem necessary to meet the needs of the community. 38133. The management, direction, and control of school facilities under this article are vested in the governing board of the school district which shall promulgate all rules and regulations necessary to provide, at a minimum, for the following: (a) Aid, assistance, and encouragement to any of the activities authorized in Sections 38131 and 38132. (b) Preservation of order in school facilities and on school grounds, and protection of school facilities and school grounds, including, if the governing board deems necessary, appointment of a person who shall have charge of the school facilities and grounds for purposes of their preservation and protection. (c) That the use of school facilities or grounds is not inconsistent with the use of the school facilities or grounds for school purposes or interferes with the regular conduct of schoolwork. 38134. (a) The governing board of any school district shall authorize the use of any school facilities or grounds under its control, when an alternative location is not available, to nonprofit organizations, and clubs or associations organized to promote youth and school activities, including, but not limited to: (1) Girl Scouts, Boy Scouts, Camp Fire, Inc. (2) Parent - teachers' associations. (3) School - community advisory councils. This subdivision shall not apply to any group that uses school facilities or grounds for fundraising activities that are not beneficial to youth or public school activities of the district, as determined by the governing board. (b) Except as otherwise provided by law, the governing board may charge an amount not to exceed its direct costs for use of its school facilities. Each governing board that decides to levy these charges shall first adopt a policy specifying which activities shall be charged an amount not to exceed direct costs. (c) The governing board of any school district may charge an amount not to exceed its direct costs for use of its school facilities by any entity, including a religious organization or church, that arranges for and supervises sports league activities for youths as described in paragraph (6) of subdivision (b) of Section 38131. (d) The governing board of any school district that authorizes the use of school facilities or grounds for the purpose specified in paragraph (3) of subdivision (b) of Section 38131 shall charge the church or religious denomination an amount at least equal to the district's direct costs. (e) In the case of entertainments or meetings where admission fees are charged or contributions are solicited and the net receipts are not expended for the welfare of the pupils of the district or for charitable purposes, a charge shall be levied for the use of school facilities or grounds which charge shall be equal to fair rental value. (f) If any group activity results in the destruction of school iff property, the group may be charged for an amount necessary to repay the damages, and further use of facilities may be denied. (g) As used in this section, "direct costs" to the district for the use of school facilities or grounds means those costs of supplies, utilities, janitorial services, services of any other district employees, and salaries paid school district employees necessitated by the organization's use of the school facilities and grounds of the. district. (h) As used in this section, "fair rental value" means the direct costs to the district, plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized. (i) Any school district authorizing the use of school facilities or grounds under subdivision (a) shall be liable for any injuries resulting from the negligence of the district in the ownership and maintenance of those facilities or grounds. Any group using school facilities or grounds under subdivision (a) shall be liable for any injuries resulting from the negligence of that group during the use of those facilities or grounds. The district and the group shall each bear the cost of insuring against its respective risks and shall each bear the costs of defending itself against claims arising from those risks. Notwithstanding any other provision of law, this subdivision shall not be waived. Nothing in this subdivision shall be construed to limit or affect the immunity or liability of a school district under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, for injuries caused by a dangerous condition of public property. 38135. Any use, by any individual, society, group, or organization for the commission of any act intended to further any program or movement the purpose of which is to accomplish the overthrow of the government of the United States or of the state by force, violence, or other unlawful means shall not be permitted or suffered. Any individual, society, group, or organization which commits any act intended to further any program or movement the purpose of which is to accomplish the overthrow of the government by force, violence, or other unlawful means while using school property pursuant to the provisions of this chapter is guilty of a misdemeanor. 38136. No governing board of a school district shall grant the use of any school property to any person or organization for any use in violation of Section 38135. For the purpose of determining whether or not any individual, society, group, or organization applying for the use of the school property intends to violate Section 38135, the governing board shall require the making and delivery.to the governing board, by the applicant of a written statement of information in the following form: STATEMENT OF INFORMATION The undersigned states that, to the best of his or her knowledge, the school property for use of which application is hereby made will not be used for the commission of any act intended to further any 12 program or movement the purpose of which is to accomplish the overthrow of the government of the United States by force, violence or other unlawful means;' That , the organization on whose behalf he or she is making application for use of school property, does not, to the best of his or her knowledqe, advocate the overthrow of the government of the United States or of the State of California by force, violence, or other unlawful means, and that, to the best of his or her knowledge, it is not a Communist action organization or Communist front organization required by law to be registered with the Attorney General of the United States. This statement is made under the penalties of perjury. (Signature) . The school board may require the furnishing of additional information as it deems necessary to make the determination that the use of school property for which application is made would not violate Section 38135. Any person applying for the use of school property on behalf of any society, group, or organization shall be a member of the applicant group and, unless he or she is an officer of the group, must present written authorization from the applicant group to make, the application. The governing board of any school district may, in its discretion, consider any statement of information or written authorization made pursuant to the requirements of this section as being continuing in effect for the purposes of this section for the period of one year from the date of the statement of information or written authorization. 38137. Written statements of information as required by Section 38136 need not be under oath, but shall contain a written declaration that they are made under the penalty of perjury, and any person so signing the statements who willfully states therein as true any material matter which he or she knows to be false, is subject to the penalties prescribed for perjury in the Penal Code. 38138. Notwithstanding the provisions of this article or any other provisions of law, when a nonpartisan charitable organization organized under the laws of this state has constructed or will construct, subject to the provisions of Article 3 (commencing with Section 39140) of Chapter 2 of this part, a school athletic and youth center facility at no cost to a school district, upon a school- district - owned.site to be owned by and for the benefit of the school occupying the site, the governing board of the school district, in accepting the donation and prescribing the conditions and restrictions with respect thereto, may permit the general use of the facility under the provisions of this article for specified supervised recreational activities which are sponsored by or conducted by the donor organization, and may also permit the donor 13 organization to use the facility for this purpose at times when the facility is not being used by the school district for the educational program and related school activities of the designated beneficiary school, unless the use and occupancy of the facility by the donor organization would otherwise interfere with the regular conduct of the school. Any use granted to the donor organization shall, however, immediately and forever terminate if the donor organization denies the use of the facility to any person because of their race, religion, creed, national origin, ancestry, or sex. This section shall apply only to elementary school districts in San Diego County which had an average daily attendance of 425 or less during the 1970 -71 school year, and which, during the 1970 -71 school year, had a modified assessed valuation per pupil in average daily attendance of between forty -five thousand dollars ($45,000) and fifty thousand dollars ($50,000). 38139. (a) Public primary schools shall post at an appropriate area restricted to adults information regarding missing children provided by the Department of Justice pursuant to Section 14208 of the Penal Code. (b) Public secondary schools shall post at an appropriate area information regarding missing children provided by the Department of Justice pursuant to Section 14208 of the Penal Code. N �ezolution no. 2008 -163 Council: X _ Miscellaneous Communications Agenda: 10114108 X 10/8108 -TG Copy to: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK Commending DANIEL R. MURRAY, PUBLIC SAFETY LIEUTENANT On the Occasion of his Retirement V bereao, Daniel R. Murray has retired after 26 years of outstanding, dedicated service to Public Safety and the citizens of Rohnert Park; and Vberea .q, the City Council and staff are appreciative of the dependable and highly professional work performed by Dan and wish to note his reputation as a dedicated employee; and Wbereao, with devotion to our Public Safety Department, Dan began his career as a Reserve Officer; he was thereafter promoted to Public Safety Officer, Sergeant, and Lieutenant; he also held the ranks of Firefighter, Driver /Operator Engineer, Fire Captain, and Battalion Chief; and Vbereag;, during his distinguished Public Safety career, Dan served in many facets including Patrol Officer, Detective, Identification Technician, Fire Cause and origin Investigator, Field Training Officer, Team Leader of the Critical Incident Response Team, Team Leader of the Major Accident Investigation Team, Department Training Manager, Member of the Sonoma County Fire Investigators' Task Force, Employee Involved Critical Incident Team Leader, Administrative Sergeant, Patrol Supervisor, and Detective Sergeant; and V berea!5, as a Public Safety Lieutenant, Dan managed the Public Safety Budget,.the Investigations Bureaus, the City's Animal Shelter, and many grants, as well as numerous Police and Fire Operational Projects; and Vberea .5, Dan obtained his Bachelor of Arts Degree in Criminal Justice Administration from Sonoma State University, a Master of Science Degree in Organizational Development from the University of San Francisco, certificates from the Robert Presley Institute, Supervisory Leadership Institute, the Executive Development Program, and Certification as a Fire Officer from the State Fire Marshal's Office, as well as his Management Certificate from the Commission on Peace Officer Standards and Training; and V bereatix, Dan's teaching credential enabled him to provide valuable instruction to the Department in courses to include Active Shooter, Simunitions, and Fire Ground Operations; he authored the Active Shooter Protocol; he implemented the Department's Fire Engineer Certification and Class B Drivers' Licensing Programs; he developed and wrote the Department's Jail Policy; implemented an Asset Forfeiture Policy, and developed and implemented a Municipal Code for massage parlor licensing; and Wbereaf;, Dan donated his time to the Law Enforcement Special Olympics Torch Run, raising money for the noble cause of the Special Olympics Foundation, and he received numerous accolades throughout his career from the Department and community for his unwavering sense of duty and professionalism. -Roo, Therefore, be it 3AC001beb that a copy of this Resolution be suitably prepared and presented to Lieutenant Daniel R. Murray as evidence of the appreciation, esteem, respect and affection in which he is held. �Butp aub 3 egulartp Zfbopteb this 14`h day of October, 2008. ATTEST: CITY OF ROHNERT PARK City Clerk Mayor Jake Mackenzie Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2nd & 4h 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. 2008-164 Council: X _ Miscellaneous Communications Agenda: 10114108 X 10 /8 /08 -TG Copy to: CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: October 14, 2008 Department: Administration Submitted By: James Atencio, Assistant City Attorney Judy Hauff, City Clerk Submittal Date: October 6, 2008 Agenda Title: DESTRUCTION OF RECORDS Requested Council Action: Authorize, by resolution, the destruction of certain city records as provided in Section 34090 of the Government Code of the State of California Summary: On May 23, 2000, the Council, by Resolution No. 2000 -107, adopted the California Local Government Records Retention Guidelines on file with the City Clerk as the City of Rohnert Park Record Retention/Destruction Management Policy ( "Records Policy "). Once the retention period for certain City records and documents has expired, California Government Code Section 34090 ( "Section 34090 ") provides for the destruction of those records and documents with the approval of the legislative body by resolution and the written consent of the City Attorney. In preparation for the move to the new City Hall, staff is requesting authorization to destroy certain records and documents that have met or exceeded their retention requirements as provided under the Records Policy. The attached resolution will allow for the immediate and ongoing destruction of certain records and documents of the City of Rohnert Park, as recommended by department heads, provided the records and documents are no longer required to be maintained and have served their useful purpose as provided by Section 34090. Prior to the destruction of any City records and documents, department heads must obtain the written consent of the City Attorney and the City Clerk. No further action by the City Council would be required. The attached resolution also approves the recommendation form to be used by department heads in requesting City Attorney and City Clerk approval prior to the destruction of City records and documents. Staff will continue to review and update the citywide Records Policy and bring forth any recommended changes for City Council approval as needed. Enclosures: Resolution Authorizing the Destruction of Certain City Records as Provided In Section 34090 of the Government Code of the State of California 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: >Konsent Item ( ) Regular Time Approval O Public Hearing Required ( ) Not Recommended O Submitted with Comment ( ) Policy Determination by Council ( ) City Comments: City Manager's Signature: Date: / 1 Z C/a (Revised 01 507) J :TG- S:05 -b RESOLUTION NO. 2008-164 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AS PROVIDED IN SECTION 34090 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA WHEREAS, the keeping of numerous records is not necessary after a certain period of time for the effective and efficient operation of the government of the City of Rohnert Park; WHEREAS, Section 34090 of the Government Code of the State of California provides for the destruction of certain City records and documents with the approval of the legislative body by Resolution and the written consent of the City Attorney; WHEREAS, the City Council of the City of Rohnert Park adopted Resolution No. 2000 -107 on May 23, 2000 adopting the California Local Government Records Retention Guidelines on file with the City Clerk as the City of Rohnert Park Record Retention/Destruction Management Policy ( "Records Policy "). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park as follows: SECTION 1. In accordance with Section 34090 of the California Government Code and the provisions of the Records Policy the records of the City of Rohnert Park which City of Rohnert Park department heads recommend for destruction because they are no longer required to be maintained and have served their useful purpose may be destroyed as provided by Section 34090 of the California Government Code with the consent in writing of the City Attorney, without further action by the City Council of the City of Rohnert Park. SECTION 2. Any request made to destroy City of Rohnert Park records must be made by City department heads on the recommendation form attached hereto as Exhibit A and, prior to destruction, such recommendation must be approved and signed by the City Attorney and City Clerk. SECTION 3. This Resolution shall be in full force and effect immediately upon the passage and adoption thereof. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 14th day of October, 2008. ATTEST: CITY OF ROHNERT PARK City Clerk APPROVED AS TO FORM: City Attorney 1135600v180078/0012 Mayor Department: Prepared by: Date: Box No. (if applicable) Listed below and /or attached is a detailed list of records for which I am requesting destruction. The list includes a description of each record sufficient for identification, including the retention schedule page number, the record series title and contents, record dates, record retention requirements, and destruction date. Unless otherwise directed, the method of destruction proposed is shredding. I hereby certify, that the records listed below and /or attached are more than two years old and /or have been retained for the minimum retention period specified in the records retention schedule. I further certify that the records listed no longer have any administrative, legal, evidential, fiscal, research, or historic value and do not affect the title to real property or liens thereon, are not court records, are not, to my knowledge, required to beept further by statute, are not the minutes, ordinances or resolutions of the City Council or any City board or committee, and are no longer required by the City. I request authority to destroy same pursuant to Section 34090 of the California Government Code. Record Series Title and Descriptor (as listed in Records Retention Schedule) Page No. Date of Records Retention Citation Number: Destruction Date: From: To: DEPARTMENT HEAD: Signature Date DESTRUCTION AUTHORIZATION CITY ATTORNEY: Signature Date Authorized by City Council Resolution No. 2008 -164 EXHIBIT A CITY CLERK: Signature Date Actual Date Records Destroyed: Resolution No. 2008 -165 Approving and Authorizing Execution of Employment Agreement forinterim City Manager Position TO FOLLOW ON FRIDAY, 10/10/08 WITH SUPPLEMENTAL PACKET Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2nd & 4`h 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) 'R � :s D. r\) D. 1), v 0 1�~ lit .- Council: X Miscellaneous- Communications Agenda:10114108 X 10/10/08 -ag Copy to: CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: October 14, 2008 Department: Administration Submitted By: Dan Schwarz, Acting City Manager (Name & Title) Submittal Date: October 10, 2008 Agenda Title: Approving and Authorizing Execution of Employment Agreement for Interim City Manager Position Requested Council Action: Approve attached resolution. Summary: Attached for the Council's consideration is a draft agreement between the City and Daniel Schwarz that would employ the latter as Interim City Manager. This agreement is necessitated by City Manager Steve Donley's recent call to military service. The agreement is drafted such that Daniel Schwarz will receive the salary of the City Manager while serving in this capacity. The Council or the Employee can sever the agreement at any time. When terminated, the agreement provides that Daniel Schwarz shall return to his assignment as Assistant City Manager. Fiscal Impact: Although the total (salary plus benefits) monthly cost to employ Daniel Schwarz will increase by approximately $5,000, the City will realize a net savings due to the reduction in costs associated with the employment of Steve Donley. Staff is currently working with Mr. Donley to apply the City's Military Leave policy (attached). Once the policy is applied, staff can report the total monthly savings realized by Mr. Donley's leave. At this time, based on preliminary figures, the savings will be no less than $7,600 per month; the net cost savings will be no less than $2,600 per month. While Mr. Schwarz is serving as Interim City Manager, there will be a need to supplement the current staff to cover tasks Mr. Schwarz was assigned as Assistant City Manager. Staff proposes that the remaining savings realized by Mr. Donley's leave be applied to any additional help required. Enclosures: Draft Resolution CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney. CITY MANAGER'S RECOMMENDATION: ( ) Consent Item Regular Time ,(Approval O Public Hearing Required ( ) Not Recommended () Submitted with Comment ( ) Policy Determination by Council ( ) City Comments: City Manager's Signature: Date: (Revised/K62806) J - S:05 -b RESOLUTION NO. 2008 - 165 APPROVING AND AUTHORIZING EXECUTION OF EMPLOYMENT AGREEMENT FOR INTERIM CITY MANAGER POSITION WHEREAS, the City Manager, Stephen Donley, is a reserve officer of the United States Coast Guard; WHEREAS, Mr. Donley has been called to service for a period up to one year, effective October 1, 2008; WHEREAS, the City Council has determined that Daniel Schwarz is qualified to serve as Interim City Manager during Mr. Donley's absence; and WHEREAS, the City Council desires to enter into an employment agreement with Daniel Schwarz, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park approves the attached employment agreement between the City and Daniel Schwarz. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 14"' day of October, 2008. CITY OF ROHNERT PARK Mayor Jake Mackenzie ATTEST: City Clerk his employment with the City, unless terminated earlier by either party in accordance with the provisions set forth in Paragraph 3 or by the event of the death or permanent disability of Employee. (b) Employee agrees to remain in the exclusive employ of City during the term of this Agreement and not to be otherwise employed during the term of this Agreement. 3. RESIGNATION AND TERMINATION. (a) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time'from his position as Interim City Manager of City. Employee may terminate this Agreement by submitting written notice of his resignation to City. Employee shall give the City thirty (30) days written notice of his intention to resign. (b) Employee serves at the pleasure of the City and nothing herein shall be taken to prevent, limit or otherwise interfere with the right of the City to terminate the services of Employee as Interim City Manager with or without cause. There is no express or implied promise made to Employee for any form of continued employment as the Interim City Manager. (c) In the event the City requests Employee to resign from his position as Interim City Manager, or the Employee chooses to do so, the Employee shall have the option of returning to his position as Assistant City Manager at the same terms and conditions of employment that Employee received prior to the effective date of this Agreement, including any cost of living adjustments normally received during Employee's tenure as Interim City Manager. 4. COMPENSATION AND BENEFITS. /.,\ 04— . s to ., , Employee r « 1,;� � -A-,-A „ .,+ 1,0,-0+, �,iLy agrees w pay iuiYivy�� Lvi ui� services reuuw�u Nursuau� u�i�w uS Interim City Manager a monthly salary of fifteen thousand nine hundred dollars and no cents ($15,900.00) payable in installments at the same time as other employees of the City are paid. (b) City will provide Employee with the same holidays, sick leave and long term disability benefits, retirement benefits, insurance benefits including but not limited to life, health and dental coverage, vacation and administrative leave in the same manner provided to him as Assistant City Manager. 5. SUPPLEMENTAL BENEFITS. City shall pay to Employee the same automobile, residency, cell phone allowances in the same manner provided to him as Assistant City Manager. 6. INDEMNIFICATION. City shall defend, save harmless, and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as 1136997v 1 A 80078/0012 Interim City Manager. City will compromise and settle any such claim or suit and the amount of any settlement or judgment rendered thereon. Said indemnification shall extend beyond termination of employment, and the otherwise expiration of this Agreement, to provide full and complete protection to Employee as described herein, for any acts undertaken or committed in his capacity as Interim City Manager, regardless of whether the notice of filing of a lawsuit for such tort, claim, demand, or other legal action occurs during or following Employee's employment with City as Interim City Manager. Further, following employment with City, City agrees to pay Employee reasonable consulting fees and travel expenses in the event Employee serves as a witness, advisor and or consultant to City regarding any pending litigation involving City. 7. CONFLICT OF INTEREST PROHIBITION. It is further understood and agreed that because of the duties of the Interim City Manager within and on behalf of the City of Rohnert Park, and its citizenry, the Employee shall not, during the term of this Agreement, individually, as a partner, joint venturer, officer or shareholder, invest or participate in any business venture conduction business in the corporate limits of the City of Rohnert Park except for stock ownership in any company whose capital stock is publicly held and regularly traded, without prior approval of the City. For and during the term of this Agreement, Employee further agrees, except for a personal residence or residential property acquired or held for future use as his personal residence, not to invest in any other real estate property improvements within the corporate limits of the City of Rohnert Park, without the prior consent of the City Council. 8. OTHER TERMS AND CONDITION OF EMPLOYMENT. The City Council, by resolution, shall fix any other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with provisions of this Agreement or law. 9. GENERAL EXPENSES. City recognizes and agrees to pay the job - related expenses incurred by Employee in the course of his duties as approved by the City Council. 1136997v1A 80078/0012 10. NOTICES. Any notices required by this Agreement shall be in writing and either given in person or by first class mail with postage prepaid and addressed as follows: TO CITY: Mayor City of Rohnert Park 6750 Commerce Blvd. Rohnert Park, CA 94928 TO EMPLOYEE: Daniel Schwarz 3629 Jomar Drive Napa, CA 94558 11. ATTORNEY'S FEES. In the event of any mediation, arbitration or litigation to enforce any of the provisions of this Agreement, each party shall bear its own attorney's fees and costs. 12. ENTIRE AGREEMENT. This Agreement is the final expression of the complete agreement of the parties with respect to the matters specified herein and supersedes all prior oral or written understandings. Except as prescribed herein, this Agreement cannot be modified except by written mutual agreement signed by the parties. 13. ASSIGNMENT. This Agreement is not assignable by either City or Employee. 14. SEVERABILITY. In the event'that any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the parties, the remainder of the Agreement shall remain in full force and effect unless the parts found to be void are wholly inseparable from the remaining portion of the Agreement. 1136997v1A 80078/0012 15. EFFECTIVE DATE. This Agreement shall be deemed effective on the Effective Date. IN WITNESS WHEREOF, the City has caused the Agreement to be signed and executed on its behalf by its Mayor. It has also been executed by the Employee on the date first above written. CITY OF ROHNERT PARK By: Jake MacKenzie Mayor EMPLOYEE By: Daniel Schwarz APPROVED AS TO FORM: wo Michelle Marchetta Kenyon City Attorney 1136997v 1 A 80078/0012 44V. 1.J �rLAWLEPE� T� Council: _ Miscellaneous 0 (.F Communications Agenda I U p RESOLUTION NO. 2003 71 Copy to: Copy to: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK I/ 10(lq)6 PROVIDING FOR CONTINUATION OF SALARY AND BENEFITS FOR ELIGIBLE CITY EMPLOYEES CALLED TO ACTIVE MILITARY DUTY OR TRAINING WHEREAS, the City provides for a paid military leave of absence and continuation of benefits for thirty (30) calendar days pursuant to the Military and Veterans Code; and WHEREAS, the City greatly values the contribution of its employees that are called to active military duty or training and desires to alleviate financial hardship for the employees and their families; and WHEREAS, the City desires to maintain the regular salary and benefits of its employees during their active military duty or training. follows: NOW, THEREFORE the City Council of the City of Rohnert Park does hereby resolve as An eligible city employee pursuant to the Military and Veterans Code who is ordered to active military duty or. training shall receive the difference in pay between his/her regular pay and his/her military pay. In addition, the employee shall have continued benefits.. The salaryy and benefits paid under this Resolution shall be provided in accordance with the City's applicable agreements, outlines, rules, policies and procedures and all state and federal laws. Such benefits may be subject to individual .plan provisions. 2. The pay and benefits authorized by this Resolution shall be in effect through the employee's activation. DULY AND REGULARLY ADOPTED this 8th day of April 2003. ATTEST: WA WAY MR 0 W. J N r CITY CITY OF ROHNERT PARK V, Aayor FLORES: AYE MACKENZIE: AYE NORDIN: AYE SPRADLIN: AYE VIDAK- MARTINEZ: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2nd & 4d' Tuesdays of each month: Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via email for review and approval as to form DUE no later than NOON Three (3) Mondays prior to Council meeting date Agenda Items w /attachments via email and hard copy to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting date Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday morning One (1) week prior to Council meeting date Agenda Packets distributed to City Council and Agendas posted/distributed /mailed on Wednesday afternoon One (1) week prior to Council meeting date in compliance with Rohnert Park Municipal Code Section 2.08.050 Meeting Date: Department: Submitted By: (Name & Title) Submittal Date: (This section for City Clerk Use Only) ITEM NO.5 RESO. NO. 2008-166 Council: X Miscellaneous Communications Agenda: 10114108 X 1018108 -TG Copy to: CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Agenda (Subject Only) Title October 14, 2008 Department of Public Safety (Patrol Division) David Welch, Public Safety Sergeant October 1, 2008 TAXICAB SERVICE: Application by Mark Neese for Certificate of Public Convenience and Necessity (Taxicab Permit for Yellow Cab) Requested Council Action: Determine if a Certificate of Public Convenience and Necessity (Taxi Permit) should be issued to Mark Neese, d.b.a. Yellow Cab. Summary: I have reviewed the application submitted by Mark Neese, d.b.a. Yellow Cab. At this time the Department of Public Safety, as the regulatory agency, has no objection to the addition of another company as a purveyor of taxi services within the city limits. The Department of Public Safety does not maintain statistical data to justify or deny an additional provider. There have been no complaints by citizens to the Department of Public Safety that the two (2) permitted taxi companies, Sam's Limo Taxi and Ace Taxi, are not meeting their obligations for service. I have been contacted by the owners of both taxi companies who have stated that the allowance of additional taxi operators in the City of Rohnert Park would threaten their business sustainability and ability to continue to operate. There are several applications and procedures that need to be completed before final approval is granted: 1. Adherence to all requirements of the Rohnert Park Municipal Code sections 5.20.0 10 through 5.20.180. Special attention to section 5.20.130 (Drug and alcohol testing). 2. Completion of the Public Safety "Taxi Driver" application. 3. Completion of the Public Safety "Taxicab" application and inspection of each vehicle by the Department of Public Safety. 4. Completion of the Department of Justice background fingerprint card and the return of the background information from DOJ. 5. Driver's license check 6. Proof of current and applicable vehicle and business insurance. 7. Review and adherence to all applicable California Vehicle Codes covering "Taxicabs." Note: The application for certificate presented at this time and the public hearing represent the initial preliminary procedures stipulated in the Municipal Code, PRIOR to submittal of the actual Application for the Permit to the Department of Public Safety, which would include completion of the above - reviewed procedure BEFORE granting full approval. After successfully completing the above process, the application will be reviewed by the Director of Public Safety. Enclosures: Application by Mark Neese d.b.a. Yellow Cab for Certificate of Public Convenience and Necessity Resolution Finding the Public Convenience and Necessity for Mark Neese d.b.a. Yellow Cab to Provide Taxicab Service in the City of Rohnert Park 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 KRegular Time Approval O Public Hearing Required (.) Not Recommended () Submitted with Comment O Policy Determination by Council O City Comments: City Manager's Signature: AxLt Date: (Revised 010$'07) JH: G- S:05 -b APPLICATION CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY NAME & ADDRESS: PRONE NUMBER: O ! 7 r '7 VO IFS Qos��e- SEP 2 8 2008 CR Y CW ROHNERT PAW 1. Number of vehicles propos®d to be operated under this permit: 2. Number of vehicles presently being operated, ifany:. 0- l� 3. Make, type, year of manufacture and passenger seating capacity for each vehicle proposed to be operated for which a permit is being requested: d S 5ctoN X-. jeo-. s Cw Get 3 c_ 4,► e z d e5 4. 'Describe the proposed color scheme, insignia or other distinguishable characteristics of the taxicab to be used: G jj � 4��e pc•.�.� w� �wck 3 Yel(d� e e f i'�Q i 4WJI�C'4' A J,- -e PI1a "i e- e- H� f It, I if S. Arty further v:h you believe tdnd to .prove that &blidconvenience and �ecessity require the i t granting of permit W I✓. k" C_ bC.Cj 5P -C`\T 1 C.L N "e �` 1PV�, o01c� (eke he Ad,�� i+ 5Nf c�1 � wo\j e 'eke o.�f W Kti ` 0�ery Ar5 Iq - v'cc- Co � �`�n.� -�'" ss � tour � � r,v �--c7 S t' � e '--� ' Cs C k&IXt f-L w est j ~jee�f e v C Ke- sc�. Gt s �� � e 6. Proposed rates to be charged:43 , ` e W o U Please retum'this Application with $25.04 Tiling Fee made payable to City of Rohnert Park to: City Clerk 6750 Commerce Blvd. Rohncrt Park, CA 94928 RESOLUTION NO. 2008-166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK FINDING THE PUBLIC CONVENIENCE AND NECESSITY FOR MARK NEESE d.b.a. YELLOW CAB TO PROVIDE TAXICAB SERVICE IN THE CITY OF ROHNERT PARK WHEREAS, in accordance with Rohnert Park Municipal Code (Municipal Code) Section 5.20.030, Mark Neese d.b.a. Yellow Cab, 588 Roseland Avenue, Santa Rosa, California 95407 has applied for a Certificate of Public Convenience and Necessity to operate a taxicab service within the City of Rohnert Park; WHEREAS, on October 14, 2008, the City Council held a noticed public hearing at which time interested persons had an opportunity to testify either in support of or opposition to the application; WHEREAS, based on the testimony received at the October 14 public hearing and other information in the record, issuance of a Certificate of Public Convenience and Necessity is appropriate and can be supported by the findings described in Section 5.20.050 of the Municipal Code. NOW, THEREFORE, the City Council of the City of Rohnert Park does hereby resolve as follows: SECTION 1. In accordance with Municipal Code Section 5.20.050, the City Council finds and does hereby declare that the public convenience and necessity require the proposed service and that: A. The applicant is financially responsible and is of good moral character; B. The persons holding permits or licenses for the operation of motor vehicles for hire are under the experienced and efficient management earning a fair and reasonable return of their capital devoted to such service; C. The applicant has complied with the provisions of all city, state and federal laws applicable to the proposed operation; and D. The additional service will not result in a greater hazard to the public, and will not create traffic congestion or parking problems. SECTION 2. The City Council hereby authorizes the issuance of a Certificate of Public Convenience and Necessity for the operation of a taxicab service by Mark Neese d.b.a. Yellow Cab within the corporate limits of the City of Rohnert Park subject to the following conditions: A. The applicant shall provide a certificate of insurance meeting the requirements of Municipal Code Section 5.20.070. B. The applicant shall operate the taxicab service in accordance with the requirements of the Director of Public Safety of the City of Rohnei-t Park, Municipal Code Chapter 5.20 and all other applicable ordinances and regulations of the City of Rohnert Park. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 14`h day of October, 2008. CITY OF ROHNERT PARK Mayor ATTEST: City Clerk MARK NEESE Office 544 -4407 588 ROSELAND AVE Mobile 494 -9455 SR, CA 95407 yellowtaxiguy @sbcglobal.net 10/6/2008 City of Rohnert Park, ITEM NO.5 Council: X Miscellaneous Communications Agenda: 10114108 X 10/8/08 -rc Copy to: I am Mark Neese, owner of Yellow Cab in Santa Rosa. We have been servicing your city since 1971. On September 15'h it was brought to our attention by the RPPD that some regulations had been in place for 3 or 4 years and we are no longer allowed to service Rohnert Park until we are in compliance. Prior to these regulations Rohnert Park "piggy backed" the regulations that were in place in Santa Rosa. Approximately 8 years ago Santa Rosa abruptly deregulated. Apparently 3 or 4 years later Rohnert Park initiated regulation of their own. We of course were unaware and continued on as usual. The halt that came to our providing service in Rohnert Park has caused many hardships to your citizens, and myself, as I of course am the bad guy for being unable to send folks their taxi. I have had to refuse many calls in Rohnert Park since Sept. 15". Some are folks whom have been using us since 1971, some from folks who are unable to get a cab in the wee hours of the morning, including 2 calls from the RPPD. People have missed flights, busses, and medical appointments to all of our despair. I sincerely hope to be approved for service in Rohnert Park again as soon as possible so I can take proper care of your citizens and my customers. I am not looking to take anything from anyone. I merely want to, properly within regulation, do what we have done since 1971, which is to send a taxi to every call we get 24 hours a day, 7 days a week, no matter how large or small. Sincerely, Mark Neese Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2 °a & 4`h Tuesdays of each month: Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via email for review and approval as to form DUE no later than NOON Three (3) Mondays prior to Council meeting date Agenda Items w /attachments via email and hard copy to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting date Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday morning One (1) week prior to Council meeting date Agenda Packets distributed to City Council and Agendas posted/distributed /mailed on Wednesday afternoon One (1) week prior to Council meeting date in compliance with Rohnert Park Municipal Code Section 2.08.050 {This section for City Clerk Use Only) ITEM NO.6 ORD. NO. 806 (INTRO.) Council: X Miscellaneous Communications Agenda: 10/14/08 X 10 /8108 -TG Copy to: CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: October 14, 2008 Department: Engineering Department Submitted By: Patrick Barnes, Deputy City Engineer Submittal Date: September 8, 2008 Agenda Title: Introduce an Ordinance Declaring Prima Facie Speed Limits on Certain Streets Requested Council Action: Introduce an ordinance declaring prima facie speed limits on certain streets. Summary: This agenda transmittal report provides background of speed limit laws, the methodology for setting speed limits, the results of recent speed limit surveys in Rohnert Park and recommended speed limits for those roadways. The bottom line: The City of Rohnert Park only conducts speed surveys for roadways listed as other than local on the Functional Classification System. The speed on these roadways must be set to the nearest 5 mph speed limit corresponding to the 85th percentile free flowing speed. This may be adjusted downward by 5 mph for conditions not readily apparent to the driver. If a speed limit is not set in accordance with this methodology, the speed limit is essentially not enforceable. The ordinance before you sets the speed limit for Rohnert Park Expressway from Snyder to Petaluma Hill Road. The 85th percentile speed for this roadway was 52 mph. This was rounded to 50 mph to set the critical speed. Given the proximity of Sonoma State University, and the potential for bicyclists in this area, the traffic engineer recommended setting the speed limit 5 mph below the critical speed. The recommended Speed limit is 45 mph. The longer version: Excluding freeways there are generally three classes of roadways with associated rules for setting speed limits: 1. Local roads. In Rohnert Park, local roads are those roadways that are specifically defined as local roads in the Functional Classification System as depicted in the Sonoma County California Road System Map, approved by the California Department of Transportation and the Federal Highways Administration. These local roadways have a prima facia speed limit of 25 mph. This speed limit is enforceable. There is no need for a speed survey. The City does not perform speed surveys for these roadways. 2. Highways. A two -lane, undivided highway is a highway with not more than one through lane of travel in each direction, has a prima facia speed limit of 55 miles per hour unless that highway, or portion thereof, has been posted for a higher speed based on an engineer ng and +ro fin survey. y A' n no tr.�f -r— o„_, 1— 1- pnrfnr A nn t1y,P 1 and LraffiV su Ve TYHel� no LS axX1V 0Lu VL 11"L UA,11 611 VSiS1N06 VSS L11WJN roadways to justify a different speed limit, the 55 mph speed limit is set and is enforceable. These classes of roadways are not generally used in Rohnert Park and are applicable only where an ordinance has not been adopted setting a speed limit based on a speed survey. All Other Roadways. This includes all roadways defined in the Functional classification System as depicted in the Sonoma County California Road System Map, approved by the California Department of Transportation and the Federal Highways Administration as Principal Arterials, Minor Arterials and Collectors. Unless the local jurisdiction determines these fall under #2 above, the speed on these roadways are to be set by a speed survey. The City of Rohnert Park generally sets speed limits based on a speed survey for these roadways. A speed trap is defined in the California Vehicle Code (CVC) as a particular section of a roadway with a prima facie speed limit set by local ordinance if that prima facie speed limit is NOT justified by an engineering and traffic survey. The CVC states that "No peace officer or other person shall use a speed trap in arresting, or participating or assisting in the arrest of, any person for any alleged violation of this code nor shall any speed trap be used in securing evidence as to the speed of any vehicle for the purpose of an arrest or prosecution under this code." 'MA trvr� �+ +01, A—+ in,.1i speed i i;Y.,; +� must >,o �a+ , nra;,,1,, o rho rvr nnn,zro L A+ 11161 t— Y V) JLuves that.. 1VNCL1 spL.ed lima s must V6+ O6 L V�' V1 U111Ct116i6i. 11161 V Y t CLAN VYJ 6IL16J LV O6 L speed limits within their jurisdiction provided that the speed limits are set using an "engineering and traffic survey ". The law is very specific in how these surveys are to be performed and interpreted. This essentially leaves local jurisdictions with three choices when setting speed limits on roadways other than those designated as local roadways. 1. Adopt an ordinance that sets the speed limit based on the speed survey. 2. Do not adopt an ordinance and allow the speed limit to be 55 mph on those roadways that would have a primia facia speed of 55 mph. 3. Set a speed limit other than that determined by the speed survey. That speed limit would be non - enforceable by electronic means. Other means of enforcement is difficult to establish and enforce in court. One might imagine another option would be to change a given roadway to a local street. There are numerous hurdles that would make such an option infeasible. This change would create conflicts with the city General Plan and the Sonoma County Transportation Plan. Changing the Sonoma County road System Map would require the concurrence of the California Department of Transportation and the FHWA. This would have funding implications for the given roadway. It is also likely that local judges would cast a doubting eye on this approach and treat is as a speed trap. Given these hurdles, this is not an option. It is important to note that in 2005, the City wrote a letter to the League of California Cities asking for more local control of speed limits. The law has not yet changed as a result. If anything, the law and its interpretation by judges (according to both Sergeant Pat Strouse and the Traffic Engineer) have moved away from discretion by the Traffic Engineer and the local authority. Staff fully understands that the City Council is frustrated with this lack of local control. Nonetheless, we remained constrained by the choices presented by the current law. The remainder of this staff report discusses the law and engineering procedure for the roadways that have their speed limit set by ordinance based on speed survey. The CVC includes requirements that an Engineering and Traffic Survey be completed in order to establish non - statutory radar enforceable speed limits. Speed surveys expire and must be done about every 5 years. The California Manual on Uniform Traffic Control Devices (CMUTCD) interprets the CVC. The CMUTCD is published by the State of California Department of Transportation in accordance with Section 21400 of the CVC. The CVC and CMUTCD state that the primary factor in determining the recommended speed limit shall be the prevailing speed as determined by traffic engineering measurements, with specific guidance provided on how to obtain an accurate prevailing speed measurement. Traffic speeds shall be established at the NEAREST 5 mph to the 85 percentile speed (critical speed). The 85th percentile speed is the speed at or below which 85 percent of the vehicle speeds measured are traveling. Speed surveys must represent free flowing traffic. Speed measurements should be taken during off -peak hours between peak traffic periods on weekdays. The weather should be fair (dry pavement) with no unusual conditions prevailing. In order for the sample to be representative of the actual traffic flow, the minimum sample should be 100 vehicles in each survey. The speed limit may be lowered by 5 mph below the critical speed where the engineering study indicates the need for a reduction in speed based on roadside factors not readily apparent to the driver. The factors that may be considered when lowering established speed limit to 5 mph below the critical speed are the following: A. Road characteristics, shoulder condition, grade, alignment, and sight distance; B. The pace speed; C. Roadside development and environment; D. Parking practices and pedestrian activity; E. Pedestrian and bicycle safety, and F. Reported crash experience for at least a 12 -month period. Generally, the most decisive evidence of "conditions not readily apparent to the driver" is collision history. Physical conditions such as width, curvature, grade, and surface conditions that are readily apparent to the driver, in the absence of other factors are not reason to lower the speed limit below the critical speed. CVC 22358.5 states, "It is the intent of the Legislature that physical conditions such as width, curvature, grade and surface conditions, or any other condition readily apparent to a driver, in the absence of other factors, would not require special downward speed zoning, as the basic rule of Section 22350 is sufficient regulation as to such conditions." The CMUTCD repeats this direction "Physical conditions such as width, curvature, grade and surface conditions, or any other condition readily apparent to the driver, in the absence of other factors, would not require downward speed zoning." The CMUTCD specifically cautions against lowering the speed limit below the critical speed. According to the CMUTCD, "studies show that establishing a speed limit at less than the 85th percentile (Critical Speed) generally results in an increase in collision rates." In addition, lowering the speed limit below the critical speed may make violators of a disproportionate number of the reasonable majority of drivers. Based on this, and the constraints set forth in the Speed Trap Law, local judges have thrown out entire sets of speed surveys where they have determined that the engineer or jurisdiction consistently lowered speed limits below the critical speed without regard for the procedures set forth on the CMUTCD or regard for CVC 22358.5. This happened on Summerfield Road in Santa Rosa in 2005 and led Santa Rosa to change the way they approached traffic speed surveys. The speed survey for Rohnert Park Expressway from Snyder to Petaluma Hill Road was part of a speed survey that evaluated nine roadway segments. i . All the. OeIpnents included in the stir v ey 11Ct V c expired. 2. The engineer lowered the speed limit 5 mph below the critical speed in eight of these nine segments. 3. The engineer used seven different reasons to justify lowering the speed limit below the critical speed in these eight areas. 4. In the one segment where there was no condition to lower the speed limit below the critical speed; we made her resurvey that section. 5. Engineering and Public Safety discussed whether to raise speed limits and have the ability to enforce them or whether to leave the speed limits lower and not have the ability to enforce them. Public Safety said they would rather raise the speed limits and have the ability to enforce them. The Vehicle Code states that local speed limits must be set by ordinance. The attached ordinance is being introduced at this meeting. If the attached ordinance is adopted, signs will be erected showing the new prima facie speed limits on the affected segments. At that point, enforcement of the new speed limits can commence. Council also asked staff to provide additional information on Country Club to see if we could maintain the speed limits at 25 mph. The speed survey done in May noted a critical speed of 35 mph and recommended a lower speed limit of 30 mph. We asked another traffic engineer to provide an independent engineering and traffic survey of two segments Country Club Drive. New speed radar speed surveys were conducted on September 4, 2008 The observed speeds showed that motorists driving in the segment of Country Club Drive south of Rohnert Park Expressway showed that all but one were diving above the currently posted limit of 25 mph with an average speed of 31 mph and an 85th percentile speed of 35 mph. On the segment north of Rohnert Park Expressway only 10 out of 118 motorists were driving at or below the posted limit. The Average speed recorded was 29 mph with the 85th at 33 mph. As shown in the table below, these speeds are very similar to those observed in May. Collisions within the two segments were updated based upon the most recent data available and the data showed that the collision rates are similar to those previously reported. The traffic engineer repeatedly drove the segments and found that the flow of traffic ranged between 30 and 35 mph. Based upon the speed data, collisions and field observations, the traffic engineer recommended lowering the speed limit in both sections by the allowable 5 mph to 30 mph. This is the same conclusion as reached by the Traffic Engineer who completed the evaluation in May. Country Club Drive Speed Surveys 50% Speed Golf Course Drive to RPX RPX to Southwest Sept Survey May Survey Sept Survey May Survey 30 29 31 31 85% Speed 33 33 36 35 Rounded to nearest 5 mph 35 35 35 35 Conditions to Lower Present Yes Yes Yes Yes Recommended Speed 30 30 30 30 Enclosures: Ordinance Amending Section 10.20. 10 of the Rohnert Park Municipal Code Declaring Prima Facie Speed Limits Memorandum to Tom Bullard, Public Safety Director with Engineering and Traffic Surveys September 4, 2008, Engineering and Traffic Surveys for Country Club Drive CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney. CITY MANAGER'S RECOMMENDATION: O Consent Item 'Regular Time Approval () Public Hearing Required ( ) Not Recommended O Submitted with Comment ( ) Policy Determination by Council ( ) City Comments: City Manager's Signature: Date: ORDINANCE NO. 806 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING SECTION 10.20.10 OF THE ROHNERT PARK MUNICIPAL CODE DECLARING PRIMA FACIE SPEED LIMITS The City Council of the City of Rohnert Park does ordain as follows: SECTION 1. Section 10.20.10 of the Rohnert Park Municipal Code is hereby amended as follows: By adding thereto: "Rohnert Park Exwy. from Snyder to Petaluma Hill Road 45 M.P.H." SECTION 2. All other speed limits listed in the Municipal Code, not modified by this ordinance shall remain in full force and effect. SECTION 3. Repeal of Conflicting Ordinances. All former Ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance or of the Code hereby adopted are thereby repealed. SECTION 4. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections subsections, sentences, clauses or phrases be declared unconstitutional. SECTION 5. Effective Date. This Ordinance shall be in full force and effective thirty (30) days after its adoption and shall be published and posted as required by law. This ordinance was introduced on the 14t" day of October 2008 and DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this day of , 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF ROHNERT PARK Mayor Engineering Division To: Tom Bullard, Public Safety Director From: Patrick Barnes, Deputy City Engineer Date: July 15, 2008 Subj: Engineering and Traffic Surveys for Speed Limit Enforcement Attached is one set of original Engineering and Traffic Surveys produced by W -Trans Engineers earlier this year. These surveys represent street segments in the City of Rohnert Park that validated the speed limit listed in the municipal code. The work done by W -Trans Engineers also resulted in street segments where, according to the California Vehicle Code procedures, the engineering and traffic surveys resulted in recommendations to modify the speed limits from those listed in the municipal code. Those surveys are not attached at this time. Those surveys will be presented to the City Council with the appropriate ordinance to modify the municipal code. At such time as the City Council adopts the ordinance, the subject engineering and traffic surveys will be transmitted to your office. Your traffic safety personnel, in particular Pat Strouse, were instrumental in completing this project. Please pass along my appreciation for their efforts. Cc: Judy Hauff, City Clerk w/ enclosures City of Rohnert Park • 6750 Commerce Boulevard • Rohnert Park, California 94928 Tel: (707) 588 -2243 • Fax: (707) 588 -2238 City of Rohnert Park Engineering and Traffic Survey VEHICLE SPEED DATA Country Club Drive Location: Golf Course Drive to Rohnert Park Expressway R z C'J w 4 vQi z v a Posted Limi 25 mph 21 0 0 46 0 100 Direction: North -South Recorder: M. Bianucci Date: 5/20/08 Day: Tuesday 22 2 1 47 0 100 Begin Time 2 :24 p.m. End Time: 2:45p.m. 23 2 2 48 0 100 Weather: clear Land Use: residential 24 5 4 49 0 100 25 26 27 16 14 17 12 19 27 50 0 51 0 52 0 100 100 100 Summary Statistics Total Observed 207 Speed Range 22 - 41 28 19 36 53 0 100 50th percentile speed 30 29 20 46 54 0 100 85th percentile speed 33 30 27 59 55 0 100 10 mph pace speed 25 - 34 31 26 71 56 0 100 % in pace speed 85 32 20 81 57 0 100 Skew 1.816 33 8 85 58 0 100 34 8 89 59 0 100 30 35 12 95 60 0 100 25 ?a <:f 36 4 97 61 0 100 j 37 4 99 62 0 100 20 %.,. ! 4ia 38 1 99 63 0 100 r ?f`FI %- ts 39 I 100 64 0 100 SO 40 0 100 65 0 100 to 41 1 100 66 0 100 r; `r . s 42 0 100 67 0 100 q ! 43 0 100 68 0 100 44 0 100 69 0 100 0 ry� 'hq oI 0 0 45 0 100 70 0 100 TOTAL 207 ANALYSIS INFORMATION Segment Length (mi): 0.98 ADT: 6,680 _ Count Date: 11/2/07 Number of collisions: 28 Time period: 5 years Calculated Collision Rai = 2.34 c /mvm Statewide Avg Collision Rate = 3.05 c /mvm Street Width (ft): 60 -64 Configuration: Divided 2 lanes Terrain: flat Parking Conditions: Some Time Restricted Sidewalk: Both sides Bike lanes: None Other Considerations and Conditions Not Readily Apparent: With a critical speed of 33 mph, and a collision rate that is fairly consistent with the Statewide average it is recommended that the speed limit be posted at the nearest lower 5 -mph increment of 30 mph. RECOMMENDATION On the basis of an engineering and traffic investigation, as reported above, and in accordance with the provisions Sections 627, 22357, 22358 and 40802 of the California Vehicle Code, a speed limit of 30 mph is hereby determined to be reasonable and appropriate for the above street segment. -- v����tss Signature: TR 2054 Date: July 11, 2008 `� , E* 7 3"-Ci City of Rohnert Park Engineering and Traffic Survey VEHICLE SPEED DATA Country Club Drive II Location: Rohnert Park Expressway to Southwest Blvd Pvstcd r l lm 25 raph o 4 o ax v a m } y 22 0 0 47 0 100 Direction: North -South Recorder: M. Bianucei Date: 5120/08 Day: Tuesday 23 1 0 48 0 100 Begin Time 1 :25 P.M. End Time: 2:30 p.m. 24 2 1 49 0 100 Weather; clear Land Use: residential 25 8 5 50 0 100 26 27 28 6 12 18 8 13 21 51 52 53 0 0 0 100 100 100 Summary Statistics Total Observed 225 Speed Range 23 - 43 29 23 31 54 0. 100 50th percentile speed 31 . _ 30 25 42 55 0 200 85th percentile speed 36 31 25 53 56 0 100 10 mph pace speed 27 - 36 32 20 62 57 0 100 % in pace speed 83 33 23 72 58 0 100 Skew 1.655 34 11 77 59 0 100 30 35 16 84 60 0 100 36 13 90 61 0 100 25 37 8 94 62 0 100 l� 20 38 6 96 63 0 100 o 39 4 98 64 0 100 is 40 1 99 65 0 100 �f .z _. io 41 42 0 2 99 100 66 67 0 0 100 100 Jett 5 43 1 100 68 0 100 xu1{ 44 0 100 69 0 100 hy�caA 45 0 100 70 0 100 46 0 100 71 0 100 TOTAL 225 ANALYSIS INFORMATION Segment Length (mi): 0.48 ADT: 8,280 Count Date: 5/20108 Number of collisions: 26 Time period: 5 years Calculated Collision Ra = 3.58 c /mvm Statewide Avg Collision Rate = 3.05 c /mvm Street Width (ft): 40 Configuration: 2 lanes Terrain: flat Parking Conditions: Permitted Sidewalk: Both sides Bike lanes: Both sides Other Considerations and Conditions Not Readily Apparent: Parking conditions and horizontal curves combine to restrict sight distance, and may contribute to the collision rate of 3.58 c/mvm, which is higher than the average collision rate for a two -lane urban street. Though the critical speed is 36 mph, a posted speed limit of 30 mph is recommended. RECOMMENDATION On the basis of an engineering and traffic investigation, as reported above, and in accordance with the provisions Sections 627, 22357, 22358 and 40802 of the California Vehicle Code, a speed limit of 30 mph is hereby determined to be reasonable and appropriate for the above street segment. �lrnrn� Signature: R04 i SS! pv�; , Date: July 11, 2008 a �; .R 2054 , ixp. 6-M -0 !! �.OF CAUF City of Rohnert Park Engineering and Traffic Survey VEHICLE SPEED DATA Rohnert Park Expressway Location: Westerly City Limits to Redwood Drive , p 3 Posted Limi 35 mph d W i~ z 5 v a d W E~ z 5 v a 28 0 0 53 2 100 Direction: East -West Recorder: M. Bianucci Date: 5/29/08 Day: 'Thursday 29 2 1 54 0 100 Begin Time 5:17 p.m. End Time: 6:06 p.m. 30 3 2 55 0 100 Weather: clear Land Use: commercial 31 5 5 56 0 100 32 33 34 10 6 12 10 13 19 57 58 59 0 0 0 100 100 100 Summary Statistics Total Observed 204 Speed Range 29 - 53 35 13 25 60 0 100 50th percentile speed 39 36 17 33 61 0 100 85th percentile speed 44 37 ' 14 40 62 0 100 10 mph pace speed 35 - 44 38 16 48 63 0 100 % in pace speed 72 39 16 56 64 0 100 Skew 1.197 40 15 63 65 0 100 20 41 14 70 66 0 100 18 42 18 79 67 0 100 16 - 43 9 83 68 0 100 14 :�s uk 44 14 90 69 0 100 iz Y pp .f gsk� fc ;' u> bt�'xs 45 8 94 70 0 100 :o $� � 46 3 96 71 0 100 s >; ; a et, }; W Kul, e i$� 47 48 2 1 97 97 72 73 0 0 100 I00 4 g 49 2 98 74 0 100 -.y .�f,. ; 50 51 0 2 98 99 75 76 0 0 100 100 tis 3° ^� ^A ^�' ^,$ a° ati �� h° 5ti 52 0 99 77 0 100 TOTAL 204 ANALYSIS INFORMATION Segment Length (mi): 0.81 ADT: 9,630 Count Date: 5/21/08 Number of collisions: 30 Time period: 5 years Calculated Collision Rat = 2.11 c /mvm Statewide Avg Collision Rate = 2.40 c/mvm Street Width (ft): 80 -100 Configuration: Divided 5-lanes or 5 +, some 4 -lane Terrain: slat Parking Conditions: Prohibited Sidewalk: Both sides Bike lanes: both sides Other Considerations and Conditions Not Readily Apparent: Existing adjacent speed zone to the east on this expressway is 35 mph. With a critical speed for this segment of 44 mph, a speed limit of 40 mph is recommended to better match conditions in the community. This speed is within the pace speed of 35 mph to 44 mph and is the nearest 5-mph increment below the critical speed. RECOMMENDATION On the basis of an engineering and traffic investigation, as reported above, and in accordance with the provisions Sections 627, 22357, 22358 and 40802 of the California Vehicle Code, a speed limit of 40 mph is hereby determined to be reasonable and appropriate for the above street selonent. Signature: Date: my. 11, 2008 4! J " ``Y IR 2054 ,� Env. s -x •o� /,� : TR,4HkF ,,y` City of Rohnert Park 'Engineering and Traffic Survey VEHICLE SPEED DATA Rohnert Park Expressway �) Location: Redwood Drive to Commerce Boulevard a 1I i Posted Limi 35 mph Posted v z Q a cn k U 4 25 0 0 50 0 99 Direction: East -West Recorder: M. Bianucei Date: 6/2/08 Day: Monday 26 1 0 51 1 100 Begin Time 2:53 p.m. End Time: 3:57 p.m. 27 8 4 52 1 100 Weather: clear Land Use: commercial 28 7 8 53 0 100 29 30 31 9 18 15 12 21 28 54 0 55 0 56 0 100 100 100 Summary Statistics Total Observed 204 Speed Range 26 - 52 32 17 37 57 0 100 50th percentile speed 34 33 20 47 58 0 100 85th percentile speed 39 34 22 57 59 0 100 10 mph pace speed 29 - 38 35 13 64 60 0 100 % in pace speed 76 36 13 70 61 0 100 Skew 1,462 37 17 78 62 0 100 25 38 12 84 63 0 100 39 9 89 64 0 100 za 40 8 93 65 0 100 x 41 4 95 66 0 100 15 " 42 2 96 67 0 100 fs! 90 > 43 44 1 1 96 97 68 0 69 0 100 100 45 3 98 70 0 100 �g �f r6Ny�3 46 47 1 1 99 99 71 0 72 0 100 100 o 48 0 99 73 0 100 10 �� 41 49 0 99 74 0 100 TOTAL 204 ANALYSIS INFORMATION Segment Length (mill- 0 3Q A n 39,780 Co ^.t Date 5121/OQ Number of collisions: 164 Time period: 5 years Calculated Collision Rat — 5.94 c/mvm Statewide Avg Collision Rate = 2.40 c /mvm Street Width (ft): 90 -110 Configuration: 6 -lane divided and undivided Terrain: Rolling Parking Conditions: Prohibited Sidewalk: Both sides Bike lanes: None Other Considerations and Conditions Not Readily Apparent: With a pace of 29 mph to 38 mph, critical speed of 39 mph, and collision rate that is more than double the statewide average, it is recommended that the 35 mph speed limit be retained. RECOMMENDATION On the basis of an engineering and tragic investigation, as reported above, and in accordance with the provisions Sections 627, 22357, 22358 and 40802 of the California Vehicle Code, a speed limit of 35 mph is hereby determined to be reasonable and appropriate for the above street segment. ms=s 9 /O pFOS.S/ N�\ lU R. Signature: Date: ly 11, 2(H8 Sri TR 2054 Exp. G -30 09 \�s;�\ TRAFFIC �P City of Rohnert Park Engineering and Traffic Survey VEHICLE SPEED DATA Rohnert Park Expressway Location: Commerce Boulevard to State Farm Drive a E 5 Posted Limi 35 mph vim, z U N z v N 25 0 0 50 0 100 Direction: East -West Recorder: M. Bianucci Date: 5/30/08 Day: Friday 26 1 1 51 0 100 Begin Time 3 :57 p.m. End Time: 5:13 p.m. 27 1 1 52 0 100 Weather: clear Land Use: commercial 28 1 2 53 0 100 29 30 31 4 9 8 4 8 12 54 0 55 0 56 0 100 100 100 Summag Statistics Total Observed 200 Speed Range 26 - 48 32 20 22 57 0 100 50th percentile speed 35 33 14 29 58 0 100 85th percentile speed 39 34 14 36 59 0 100 10 mph pace speed 30 - 39 35 30 51 60 0 100 % in pace speed 82 36 23 63 61 0 100 Skew 2.043 37 18 72 62 0 100 38 19 81 63 0 100 35 39 9 86 64 0 100 ao 40 3 87 65 0 100 zs 4Y, 41 10 92 66 0 100 42 5 95 67 0 100 y M ., ag 43 2 96 68 0 100 is rx x r , 44 45 2 4 97 99 69 0 70 0 100 100 io'fF s � �y�;4" � �y 46 1 99 71 0 100 5..,. r t • -,�: 47 1 100 72 0 100 48 1 100 73 0 100 '�I a's p5 a^ to 49 0 100 74 0 100 TOTAL 200 ANALYSIS INFORMATION Segment Length (mi): 0.19 ADT: 23,040 Count Date: 5 /21 /08 Number of collisions: 37 Time period: 5 years Calculated Collision Rat = 4.63 c /mvm Statewide Avg Collision Rate = 3.35 c /mvm Street Width (ft): 90 Configuration: 4-1ane divided Terrain: flat Parking Conditions: Prohibited Sidewalk: Both sides Bike lanes: Both sides Other Considerations and Conditions Not Readily Apparent: With a pace of 30 mph to 39 mph, a collision rate significantly higher than the statewide average collision rate, and critical speed of 39 mph, it is recommended that the existing 35 mph posted speed limit be retained. RECOMMENDATION On the basis of an engineering and traffic investigation, as reported above, and in accordance with the provisions Sections 627, 22357, 22358 and 40802 of the California Vehicle Code, a speed limit of 35 mph is hereby determined to be reasonable and appropriate for the above street segment. Signature: - - -� s_R _ // Wr 4 Fo y" G `Z Date: y 11, 200 (� { lR 23054 *\ Fxp. 5-30-05 �, City of Rohnert Park Engineering and Traffic Survey VEHICLE SPEED DATA Rohnert mark Expressway Location: State Farm Drive to Country Club Drive a a b = p Posted Limi 35 mph 4 J w v c: 27 0 0 52 0 100 Direction: East -West Recorder: M. Bianueei Date: 5/30108 Day: Friday 28 1 0 53 0 100 Begin Time 2:53 p.m. End Time: 3:45 p.m. 29 0 0 54 0 100 Weather: clear Land Use: commercial 30 1 1 55 0 100 31 32 33 4 3 7 3 4 8 56 0 57 0 58 0 100 100 100 Summary Statistics Total Observed 211 Speed Range 28 - 59 34 9 12 59 1 100 50th percentile speed 38 35 14 18 60 0 100 85th percentile speed 43 36 26 3I 61 0 100 10 mph pace speed 34 - 43 37 16 38 62 0 100 % in pace speed 81 38 29 52 63 0 100 Skew 1.923 39 18 61 64 0 100 35 40 20 70 65 0 100 41 14 77 66 0 100 so 42 11 82 67 0 100 zs r; 43 13 88 68 0 100 zo 44 6 91 69 0 100 5l'J 45 6 94 70 0 100 15 "'Y 46 7 97 71 0 100 M, 47 2 98 72 0 100 �i � e� � �< � �t �; 7 �- s y� tk' `' 48 0 98 73 0 100 r 'r'g' ° 49 50 0 2 98 99 74 0 75 0 100 100 51 1 100 76 0 100 TOTAL 211 ANALYSIS INFORMATION Segment Length {mi): 0.54 ADT: 26,350 Count Date: 5/22/08 Number of collisions: 19 Time period: 5 years Calculated Collision Rat 0.73 c /mvm Statewide Avg Collision Rate = 3.35 c /mvm Street Width (ft): 90 Configuration: 4 -lane divided Terrain: flat Parking Conditions: Prohibited Sidewalk: Both sides Bike lanes: Both sides Other Considerations and Conditions Not Readily Apparent: The pace is 34 mph to 43 mph, with 81 percent of free - flowing traffic traveling within this range of speeds. It is recommended that the posted speed limit be increased over the existing posted speed by 5 mph, but set within the pace, at 40 mph. RECOMMENDATION On the basis of an engineering and-traffic investigation, as reported above, and in accordance with the provisions Sections 627, 22357, 22358 and 40802 of the California Vehicle Code, a speed limit of 40 mph is hereby determined to be reasonable and appropriate for the above street segment. F ESS, N� �\ �Q Signature: Date: U July , 2008 IR 205: '_il \k Exp, o Vi ngj/ 0� Ci +l City of Rohnert Park Engineering and Traffic Survey VEHICLE SPEED DATA Rohnert Park Expressway Location: Country Club Drive to Snyder Lane l3 Posted Limi 35 mph :n z' U a z v a 28 0 0 53 0 98 Direction; East -West Recorder: M. Bianucci Date: 6/26108 Day: Thursday 29 1 0 54 0 98 Begin Time 9:04 a.m. End Time: 10:05 a.m. 30 0 0 55 0 98 Weather: cloudy Land Use: commercial 31 1 1 56 2 99 32 33 34 3 3 3 2 4 5 57 58 59 0 0 2 99 99 100 Summary Statistics Total Observed 202 Speed Range 29 - 59 35 9 10 60 0 100 50th percentile speed 40 36 I2 16 61 0 100 85th percentile speed 45 37 17 24 62 0 100 10 mph pace speed 36 - 45 38 18 33 63 0 100 % in pace speed 76 39 . 21 44 64 0 100 Skew 1.515 40 19 53 65 0 100 41 16 61 66 0 100 25 42 19 70 67 0 100 20 43 10 75 68 0 100 y 44 12 81 69 0 100 15 s x 45 10 86 70 0 100 46 8 90 71 0 100 io r i e n °% ; 47 6 93 . 72 0 100 a nl ICr 48 5 96 73 0 0 100 100 sv 49 2 97 74 �i 35'�aK 50 2 98 75 0 100 51 0 98 76 0 100 bb bq 5ti y5 hs 52 1 98 77 0 100 TOTAL 202 ANALYSIS INFORMATION Segment Length (mi): 0.61 ADT: 15,220 Count Date: 5/22/08 Number of collisions: 26 Time period: 5 years Calculated Collision Rat — 1.53 c/mvm Statewide Avg Collision Rate = 3.35 c /mvm Street Width (ft): 8o Configuration: 4 -lane divided Terrain: flat Parking Conditions: Prohibited Sidewalk: Both sides Bike lanes: Both sides Other Considerations and Conditions Not Readily Apparent: None RECOMMENDATION On the basis of an engineering and traffic investigation, as reported above, and in accordance with the provisions Sections 627, 22357, 22358 and 40802 of the California Vehicle Cade, a speed limit of 45 mph is hereby determined to be reasonable and appropriate for the above street segment. Signature: Date: July 1 , 2008 ' R 7054 Cep. o -M -0 City of Rohnert Park Engineering and Traffic Survey VEHICLE SPEED DATA Rohnert Park Expressway � ? d Location: Snyder Lane to Petaluma Hill Road Posted Limi unposted z u a 33 0 0 58 2 98 Direction: East -West Recorder: M. Bianucci Date: 5/19/08 Day: Monday 34 1 0 59 l 99 Begin Time"] 2:45 p.m. End Time: 1:40 p.m. 35 0 0 60 3 100 Weather: clear Land Use: agri culture /university 36 1 1 61 0 100 37 38 39 0 3 0 1 2 2 62 0 63 0 64 0 100 100 100 Summa Statistics Total Observed 230 Speed Range 34 - 60 40 3 3 65 0 100 50th percentile speed 48 41 8 7 66 0 100 85th percentile speed 52 42 11 12 67 0 100 10 mph pace speed 44 - 53 43 9 16 68 0 100 % in pace speed 74 44 16 23 69 0 100 Skew 1.439 45 18 30 70 0 100 30 46 11 35 71 0 100 47 18 43 72 0 100 25 48 22 53 73 0 100 20 n a; N? 49 24 63 74 0 100 15 �$ 50 51 16 21 70 75 0 100 n r 79 76 0 100 A ,J 10 g 52 53 14 11 85 90 77 0 78 0 100 100 sc ;t 54 8 93 79 0 100 t ati 55 3 95 80 0 100 0 r. „ k :n n 4,. n ra .,: ....< ., u 56 5 97 8I 0 100 6� 41 4) 1' Ip 57 1 97 82 0 100 TOTAL 230 ANALYSIS INFORMATION Q.---+ F e.,..+7, /,.,;1. t nn nTYP o Min vvs...v..i..,..t..t�t.t �lua). 1.VV t�L A. V, /VV �,...�s il,..,.. a /in /no I..VUI1L Date: J /A7 /VU Number of collisions: 9 Time period: 5 years Calculated Collision Rat = 0.57 c /mvm Statewide Avg Collision Rate ° 1.90 c /mvm Street Width (R): 30 Configuration: 2 -lane conventional Terrain: flat Parking Conditions: Prohibited Sidewalk: very little Bike lanes: none Other Considerations and Conditions Not Readily Apparent: The critical speed was measured at 52 mph and the pace is 44 -53 mph. The collision rate of 0.57 is lower than the statewide average for similar roadways. Due to the lack of facilities for pedestrians and bicyclists on this roadway leading to Sonoma State University, and plans for development alon this route in the near term a 45-mph speed limit is RECOMMENDATION On the basis of an engineering and traffic investigation, as reported above, and in accordance with the provisions Sections 627, 22357, 22358 and °40802 of the California Vehicle Code, a speed limit of 45 mph is hereby determined to be reasonahie qnd annronri ate for the above street segment. Signature: i R 2054 Date: my 11, Y008 -- 51" 6-30 -0e ,t s � R �P T AF - City of Rohnert Park Engineering and Traffic Survey VEHICLE SPEED DATA Snyder Lane Location: Eleanor Avenue to Rancho Grande MHP /Creehside School d a 6 E b a E E Posted Limi 35 mph z U a z a 22 0 0 47 2 98 Direction: North -South Recorder: M. Bianucci Date: 5/16/08 Day: Friday 23 1 0 48 3 99 Begin Time 4:20 p.m. End Time: 5:09 p.m. 24 0 0 49 0 99 Weather: clear Land Use: residential/agriculture 25 0 0 50 1 100 26 27 28 0 0 0 0 0 0 51 1 52 0 53 0 100 100 100 Summary Statistics Total Observed 208 Speed Range 23 - 51 29 0 0 54 0 100 50th percentile speed 39 30 2 1 55 0 100 85th percentile speed 43 31 2 2 56 0 100 10 mph pace speed 34 - 43 32 4 4 57 0 100 % in pace speed 77 33 10 9 58 0 100 Skew 2.038 34 10 14 59 0 100 35 7 17 60 0 100 35 36 15 25 61 0 100 30 S 37 32 40 62 0 100 25 38 14 47 63 0 100 S. 39 18 55 64 0 100 20 Y 40 16 63 65 0 100 15 3 .: �� ? t 41 22 74 66 0 100 to 42 43 15 12 81 87 67 0 68 0 100 100 5� 1�a 44 7 90 69 0 100 45 8 94 70 0 100 ry'Y ry0. ry� ry4 .j0 .y'Y nh „b n,'b A� 0.ry DP` AU 0.4' 46 6 97 71 0 100 TOTAL 208 ANALYSIS INFORMATION Segment Length (mi): 0.62 ADT: 12,234 Count Date: 5/15/08 Number of collisions: 14 Time period: 5 years Calculated Collision Rat — 1.01 c/mvm Statewide Avg Collision Rate = 2.05 c /mvm Street Width (ft): 40 Configuration: 3 -lane (2 -lane plus 2WLTL) Terrain: flat Parking Conditions: West Side only Sidewalk: West Side Bike lanes: Both sides Other Considerations and Conditions Not Readily Apparent: The pace speed is 34 mph to 43 mph, with 77 percent of free - flowing traffic traveling within this range of speeds. Due to the lack of sidewalks serving the school within this segment it is recommended that the existing 35 mph speed limit be retained, this speed is within, though at the low end, of the pace, RECOMMENDATION On the basis of an engineering and traffic investigation, as reported above, and in accordance with the provisions Sections 627, 22357, 22358 and 40802 of the California Vehicle Code, a speed limit of 35 mph is hereby determined to be reasonable and appropriate for the above street segment. Signat ure: rTR Date: J , ly 1 2008 ( 205 . �'4AFti"vv�o�� �. OF 't,Ut �� City of Rohnert Park Engineering and Traffic Survey VEHICLE SPEED DATA Country Club Drive '�- Location: Rohnert Park Expressway to Southwest Blvd o o a 9 b p y d Posted Lim 25 mph z y a v z U w 22 0 0 47 0 100 Direction: North -South Recorder: M. Bianueci Date: 9 /4/08 Day: Thursday 23 0 0 48 0 100 Begin Time 1:46 PM End Time: 2:30 PM 24 0 0 49 0 100 Weather: clear Land Use: residential 25 1 1 50 0 100 26 27 28 1 2 11 13 10. 22 51 52 53 0 0 0 100 100 100 Summary Statistics Total Observed 104 Speed Range 25 - 41 29 12 34 54 0 100 50th percentile speed 31 30 14 47 55 0 100 85th percentile speed 35 31 15 62 56 0 100 10 mph pace speed 27 - 36 32 12 73 57 0 100 % in pace speed 93 33 5 78 58 0 100 Skew 2.007 34 6 84 59 0 100 35 10 93 60 0 100 16 36 2 95 61 0 100 14 37 2 97 62 0 100 12 38 1 98 63 0 100 10 39 0 98 64 0 100 $.. 40 1 99 65 0 100 6 41 1 100 66 0 100 42 0 100 67 0 100 a 43 0 100 68 0 100 2 44 0 100 69 0 100 45 0 100 70 0 100 0 titi ya tib tiro �o yti �a b �� �o ati ab 46 0 100 71 0 100 TOTAL 104 ANALYSIS INFORMATION Segment Length (mi): 0.48 ADT: 8,280 Count Date: 5 /20/08 Number of collisions: 25 Time period: 5 years Calculated Collision Ra = 3.45 c /mvm Statewide Avg Collision Rate = 3.05 c /mvm Street Width (ft): 40 Configuration: 2 lanes Terrain: flat Parking Conditions: Permitted Sidewalk: Both sides Bike lanes: Both sides Other Considerations and Conditions Not Readily Apparent: Parking conditions and horizontal curves combine to restrict sight distance, and may contribute to the collision rate of 3.45 c /mvm, which is higher than the average collision rate for a two -lane urban street. Though the critical speed is 35 mph, a osted speed limit of 30 mph is recommended. RECOMMENDATION On the basis of an engineering and traffic investigation, as reported above, and in accordance with the provisions Sections 627, 22357, 22358 and 40802 of the California Vehicle Code, a speed limit of 30 mph is hereby determined to be reasonable and appropriate for the above street segment. /oy� oQ�pfESS Signature: o z Date: September 5, 2008 " Z TR001215 Ezp.9 /30/08 sT TRaff 9TF OF CAS \F��\ City of Rohnert Park Engineering and Traffic Survey VEHICLE SPEED DATA Country Club Drive Location: Golf Course Drive to Rohnert Park Expressway Ly Posted Limit: 25 mph g, v 7 7 z U a n 7 z 7 y U a 21 0 0 46 0 100 Direction: Both Recorder: M. Bianucci Date: 9 /4/08 Day: 'Thursday 22 0 0 47 0 100 Begin Time: 1:00 PM End Time: 1:43 PM 23 2 2 48 0 100 Weather: clear Land Use: residential 24 3 4 49 0 100 25 26 27 5 8 5 13 18 28 50 51 52 0 0 0 100 100 100 Summary Statistics Total Observed 118 Speed Range 23 - 39 28 14 40 53 0 100 50th percentile speed 29 29 15 53 54 0 100 $5th percentile speed 33 30 15 65 55 0 100 10 mph pace speed 25 - 34 31 5 69 56 0 100 % in pace speed 88 32 13 81 57 0 100 Skew 2.179 33 8 87 58 0 100 10 34 6 92 59 0 100 9 35 3 95 60 0 100 8. 36 3 97 61 0 100 7 - 37 2 99 62 0 100 6 38 0 99 63 0 100 5 39 1 100 64 0 100 4 40 0 100 65 0 100 3 - 41 0 100 66 0 100 2 42 0 100 67 0 100 1 43 0 100 68 0 100 0 r— r -- 44 45 0 100 0 100 69 70 0 0 100 100 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL 118 ANALYSIS INFORMATION Segment Length (mi): 0.98 ADT: 6,680 Count Date: 11/2/07 Number of collisions: 27 Time period: 5 years Calculated Collision Rate = 2.26 c /mvm ltatewide Avg Collision Rate = 3.05 c /mvm Street Width (ft): 60 -64 Configuration: Divided 2 lanes Terrain: flat Parking Conditions: Some Time Restricted Sidewalk: Both sides Bike lanes: None Other Considerations and Conditions Not Readily Apparent: With a critical speed of 33 mph, and a collision rate that is lower than the Statewide average it is recommended that the speed limit be posted at the nearest lower 5 -mph increment of 30 miles per hour. RECOMMENDATION On the basis of an engineering and traffic investigation, as reported above, and in accordance with the provisions Sections 627, 22357, 22358 and 40802 of the California Vehicle Code, a speed limit of 30 mph is hereby determined to be reasonable and appropriate for the above street segment. ��iOE ESS/0/q Signature: o C. c� Q Date: September 5, 2008 TR001215 * Exp. 9/30/08 `` OF CAUF� lr: Q Mtg. Of: cc: cc: File• File: 10/15/2008 The Law ■ Local Roads — Prima Facie 25 mph 1 ■ Highways - Prima Facie 55 mph ` ■ Other FCS 3 Classified Roads — �� €`�''� Set by Speed Survey The Law ■ FCS Roadways in Rohnert Park: • Principal Arterial ;r 4 • Minor Arterial a • Collector i 10/15/2008 The Law • FCS Defined Streets must have speed limits set by survey • Not setting speed limits by survey is a Speed Trap • Speed Traps are virtually unenforceable Speed Survey • Critical Speed is free flowing 85th percentile • Round to NEAREST 5 mph • May lower by 5 mph once for conditions NOT READILY APPARENT • Best indication is collision history • May not lower for readily apparent conditions ■ Can not lower twice for two different reasons ■ Courts getting more strict 10/15/2008 3 Goal — Safe Streets ■ Following this law can increase safety! JINII�I� 10/15/2008 M Speed Limit Drivers • Know the Speed Limit • Drive the Speed Limit t Y 10/15/2008 5 Speeders • Drive faster than speed limit • Overestimate abilities • Help the Safe Drivers be Safe • Encourage the Speeders to slow down 10/15/2008 Making Roads Safe ■ Get Speed Limit Drivers and Safe Sp eed Drivers to f = go the same speed. Making Roads Safe ■ Enforce the Speed Limit to Discourage Speeders 10/15/2008 7 What we are doing tonight ■ Introducing an Eet fo a,,,e.�i Roi��enr���c. �e ordinance setting the speed limit on RPX from Snyder to Petaluma Hill Road at 45 mph n � � What we are doing tonight ■ Returning with information requested by Council on Country Club Drive Country RPX RPX to Southwest Sept May Sept May Survey Survey Survey Survey 85% Speed 33 33 36 35 Rounded to nearest 5 35 35 35 35 mph Conditions to Lower Yes Yes Yes Yes Present Recommended Speed 30 30 30 30 Club Drive Speed Surveys Golf Course Drive to RPX RPX to Southwest Sept May Sept May Survey Survey Survey Survey 85% Speed 33 33 36 35 Rounded to nearest 5 35 35 35 35 mph Conditions to Lower Yes Yes Yes Yes Present Recommended Speed 30 30 30 30 10/15/2008 10/15/2008 9 Meeting Date: Department: Submitted By Submittal Date: ITEM NO.7 ORD. NO. 803 (ADOPTION) Council: X Miscellaneous Communications Agenda: 10/14/08 X 10/8/08 -TG Copy to: CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT October 14, 2008 Community Development Department Ron Bendorff, Director of Community Development October 7, 2008 Agenda Title: File 1799 — Prezoning Ordinance for the Wilfred /Dowdell Village Specific Plan Requested Council Action: Waive second reading and Adopt the Ordinance Prezoning property located on each side of Wilfred Avenue, east of Dowdell Avenue, and north, east, and south of the current City limits in the vicinity of the intersection of Redwood Drive and Wilfred Avenue (APN 045- 055 -007, 045- 075 -001 through 045- 075 -003, 045- 075 -005, 045- 075 -006, 045- 075 -008, and 045- 075 -009 through 045- 075 -012) to Specific Plan District (SP) Summary: On September 23, 2008, the City Council voted 4 -0, 1 absent to waive the first reading and introduce an ordinance prezoning the Wilfred /Dowdell Village Specific Plan area. Staff is requesting that the Council now waive the second reading and adopt the Ordinance. Attachment: Ordinance Prezoning property located on each side of Wilfred Avenue, east of Dowdell Avenue, and north, east, and south of the current City limits in the vicinity of the intersection of Redwood Drive and Wilfred Avenue (APN 045- 055 -007, 045- 075 -001 through 045 -075- 003, 045- 075 -005, 045 -075 -006, 045- 075 -008, and 045- 075 -009 through 045- 075 -012) to Specific Plan District (SP) CITY ATTORNEY'S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney. CIT MANAGER'S RECOMMENDATION: ( ) Consent Iterra —Regular Time CITY > proval ( ) Public Hearing Required ( ) Not Recommended ( ) Submitted with Comment ( ) Policy Determination by Council O City Comments: �� _ 1---7 /1) City Manager's Sig ature: Date: W&VINV, ORDINANCE NO. 803 AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION AND MONITORING PROGRAM AND PREZONING PROPERTY LOCATED ON EACH SIDE OF WILFRED AVENUE, EAST OF DOWDELL AVENUE, AND NORTH, EAST, AND SOUTH OF THE CURRENT CITY LIMITS IN THE VICINITY OF THE INTERSECTION OF REDWOOD DRIVE AND WILFRED AVENUE. (APN 045 -055- 007, 045- 075 -001 THROUGH 045- 075 - 003, 045- 075 -005, 045- 075 -006, 045- 075 -008, AND 045- 075 -009 THROUGH 045- 075 -012) TO SPECIFIC PLAN DISTRICT (SP) WHEREAS, the applicant, City of Rohnert Park, has submitted an application for Prezoning and the adoption of a specific plan for approximately 24.77 acres located on each side of Wilfred Avenue, east of Dowdell Avenue, and north, east, and south of the current City limits in the vicinity of the intersection of Redwood Drive and Wilfred Avenue. (APN 045- 055 -007, 045- 075 -001 through 045- 075 -003, 045- 075 -005, 045- 075 -006, 045- 075 -008, and 045- 075 -009 through 045- 075 -012) ( "the Project "); WHEREAS, the Planning Commission reviewed the Final Environmental Impact Report prepared for the Project; recommended its certification by the City Council; and has otherwise carried out all requirements of the California Environmental Quality Act; WHEREAS, pursuant to California State Law and the Rohnert Park Municipal Code, public hearing notices were mailed to all property owners within an area exceeding a 300 foot radius of the subject property, public hearing notice signs were posted on the property, and a public hearing notice was published for a minimum of 10 days prior to the first public hearing in The Community Voice; WHEREAS, on August 14, 2008, the Planning Commission held a public hearing at which time interested persons had an opportunity to testify either in support or opposition to the proposal, and then recommended approval of the Project; WHEREAS, on September 23, 2008, the City Council held a public hearing at which time interested persons had an opportunity to testify either in support or opposition to the proposal; WHEREAS, the City Council has certified the Final Environmental Impact Report for the proposal in Resolution No. 2008 -155; and WHEREAS, the City Council has reviewed and considered the information contained in the Prezoning application for the proposal. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The above recitations are true and correct. Section 2. Pursuant to Public Resources Code section 21081 and CEQA Guidelines sections 15091 - 15093, the City Council hereby adopts the CEQA Findings and Statement of Overriding Considerations relating to the environmental impact of the Project as set forth in Exhibit A of this resolution and incorporated herein by this reference. Section 3. Pursuant to Public Resources Code section 21081.6, the City Council approves the Mitigation Monitoring and Reporting Program attached as Exhibit B to this resolution and reauires the Proiect to comply with the mitigation measures contained therein. Section 4. Findings. The City Council, in approving Planning Application 1799 (prezoning) makes the foiiowing findings per Rohnert Park Municipal Code Section 17.25.073; to wit: 1. The proposed prezoning is consistent with the General Plan. The General Plan designation for the project site is currently Regional Commercial and the proposed prezoning would be consistent with this. Subsection 17.06300 of the Rohnert Park Municipal Code states that a Specific Plan District shall apply to an area designated in the General Plan as appropriate for a Specific Plan. Wilfred /Dowdell is identified in the General Plan as a Specific Plan Area; therefore the proposed prezoning would be consistent with the General Plan. 2. The proposed prezoning will be beneficial to and not detrimental to the public health, safety, or welfare. The prezoning will allow the Wilfred /Dowdell Specific Plan to be implemented to meet the goals of the General Plan concerning this property. The ultimate development of the site would be of benefit to the City in that it would allow for additional commercial development in a pedestrian - oriented setting. 3. With the proposed prezoning, adequate and available sites remain to mitigate the loss of any residential density on the subject property to accommodate the City's "Fair Share" regional housing needs used by the State Department of Housing and Development in determining compliance with Housing Element Law pursuant to Government Code Section 65863(b). The prezoning would allow the future annexation and development of the site with commercial development consistent with the General Plan designation for the site and would not impact the City's ability to provide adequate and available sites for residential uses. 4. A duly noticed public hearing has been held to receive and consider public testimony regarding the proposed prezoning. Duly noticed public hearings regarding this Prezone application were held by the Planning Commission on August 14, 2008 and by the City Council on September 23, 2008. 5. The City Council has certified the Final Environmental Impact Report for this project and has otherwise carried out all of the requirements of the California Environmental Quality Act. Section 5. Prezoning Based on the findings set forth in the preceding Section 4, the City Council ordains that the official prezone adopted for Assessor's Parcel Numbers 045- 055 -007, 045- 075 -001 through 045- 075 -003, 045- 075 -005, 045- 075 -006, 045- 075 -008, and 045- 075 -009 through 045- 075 -012, consisting of 11 parcels containing approximately 24.77 acres in area located on each side of Wilfred Avenue, east of Dowdell Avenue, and north, east, and south of the current City limits in the vicinity of the intersection of Redwood Drive and Wilfred Avenue. shall be Specific Plan District (SP), as depicted on the reap attached hereto as (Exhibit " C ") and by reference thereto incorporated herein. 9 Section 6. Effective Date This ordinance shall be in full force and effective 30 days after its adoption, and shall be published or posted as required by law. This ordinance was introduced on the 23rd day of September, 2008 and DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this day of , 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED AS TO FO /h�-' Aff T. City Attorney 3 CITY OF ROHNERT PARK Mayor EXHIBIT A CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS RELATED TO THE WILFRED/DOWDELL VILLAGE SPECIFIC PLAN PROJECT A. INTRODUCTION 1. These CEQA findings are adopted for the Wilfred/Dowdell Village Specific Plan Project described below. For ease of reference, the agency adopting these findings is referred to as the "City." These findings pertain to the Environmental Impact Report prepared for that project, SCH #1998072036 ( "EIR "). 2. These CEQA findings are attached as Exhibit A and incorporated by reference into the resolution certifying the EIR for the Project. That resolution also includes an Exhibit B, which contains the Mitigation Monitoring and Reporting Program ( "MMRP "), and which references impacts, mitigation measures, levels of significance before mitigation and resulting levels of significance after mitigation. All Exhibits are incorporated by reference into each other, and into the resolution to which they are attached. 3. These findings are based upon the entire record, described below, and some findings are based on specific references, as noted below. References to specific reports and specific pages of documents are not intended to identify those sources as the exclusive basis for the finding. B. THE PROJECT 4. "Project" as used in these findings refers to the Wilfred /Dowdell Village Specific Plan. The Project is proposed to guide the development of an approximately 24.77 acre commercial area located adjacent to the northwest limits of Rohnert Park, and comprised of up to about 302,000 gross square feet (GSF) of development. The project area north of Wilfred Avenue, which is defined as Village North, could include up to about 56,000 GSF and could increase based on a supplemental traffic study for a hotel project in this area. The Project site south of Wilfred, which is defined as Village South, could include up to about 246,000 GSF of specialty commercial businesses. C. ENVIRONMENTAL REVIEW OF THE PROJECT 5. Pursuant to CEQA and the CEQA Guidelines (collectively "CEQA "), the City determined that an EIR would be prepared. The City issued a Notice of Preparation, which was circulated to responsible agencies and interested groups and individuals for review and comment. A copy of the Notice of Preparation and comments thereon are included in the appendices to the Draft EIR. 6. A Draft EIR was prepared for the project described in the Notice of Preparation and Draft EIR to analyze its environmental effects. The DEIR was circulated for public review and comment from February 13, 2008 through March 28, 2008. The CEQA Findings & SOC for Wilfred/Dowdell Village Specific Plan Pagel of 7 1113130v2 80078/0048 Planning Commission held a public hearing on the DEIR and received oral comments on March 13, 2008. D. TIDE RECORD 7. The record upon which all findings and determinations related to the Project are based includes the following: a. The EIR, and all documents referenced in or relied upon by the EIR. b. All information (including written evidence and testimony) provided by City staff to the Planning Commission or the City Council relating to the EIR, the proposed approvals for the Project, the Project or its alternatives. c. All information (including written evidence and testimony) presented to the Planning Commission or the City Council by the environmental consultant and sub consultants who prepared the EIR, and all information incorporated into reports presented to any of those bodies. d. All information (including written evidence and testimony) presented to the City from other public agencies relating to the Project or the EIR. e. All applications, letters, testimony and hearing presentations given by any of the project sponsors or their consultants to the City in connection with the Project. f. All information (including written evidence and testimony) presented to the City regarding the Project or the EIR, before the close of the last public hearing related to the Project. g. For documentary and information purposes, all locally- adopted land use plans and ordinances, including, without limitation, general plans, specific plans, redevelopment plans and ordinances, together with environmental review documents, findings, mitigation monitoring programs and other documentation relevant to planned growth in the area. h. All other documents comprising the record pursuant to Public Resources Code section 21167.6(e). 8. The City concludes that all the evidence supporting these findings was presented in a timely fashion, and early enough to allow adequate consideration by the City. The custodian of the documents and other materials that constitute the record of proceedings on which the City's decision is based is the Director of Community CEQA Findings & SOC for Wilfred/Dowdell Village Specific Plan Page 2 of 7 111313M 80078/0048 Development or designee. Such documents and other materials are located at the Planning Division, City of Rohnert Park, 6750 Commerce Boulevard, Rohnert Park, California 94928. 9. These findings are based upon substantial evidence in the entire record before the City. The reference to certain pages or sections of documents set forth in these findings are for ease of reference and are not intended to provide an exhaustive list of the evidence relied upon for these findings. E. CERTIFICATION OF THE EIR 10. In accordance with CEQA, the City certifies that the EIR has been completed in compliance with CEQA, that the EIR was presented to the decision making body and that the decision making body reviewed and considered the information contained in the EIR prior to approving any aspect of the Project. Preparation of the EIR has been overseen by the Director of Community Development, and the conclusions and recommendations in the document represent the independent conclusions and recommendations of the City. The EIR and these findings represent the independent judgment and analysis of the City. By these findings, the City confirms, ratifies and adopts the findings and conclusions of the EIR, as supplemented and modified by these findings. 11. The City recognizes that the EIR contains. clerical errors. The City has reviewed the entirety of the EIR and bases its determinations on the substance of the information it contains. 12. The Council has reviewed and considered all comments and presentations regarding the adequacy of the EIR. 13. The City certifies that the EIR is adequate to support the approval of the Project, each alternative in the EIR, and variations within the range of alternatives in the EIR. The EIR is adequate for all responsible agency approvals referenced in the EIR. The EIR is adequate for each entitlement or approval (including those from responsible agencies) required for all aspects of construction and operation of the Wilfred /Dowdell Village Specific Plan Project, and the EIR comprises a program -level EIR for all those entitlements and approvals. F. ABSENCE OF SIGNIFICANT NEW INFORMATION 14. The City recognizes that the EIR incorporates information obtained and produced after the Draft EIR was circulated, and that it contains additions, clarifications, and modifications. The City has reviewed and considered the entire EIR and all of this information. The EIR does not include significant new information that would require additional recirculation under CEQA. The new information added to the Draft EIR does not involve a new significant environmental impact, a substantial increase in the severity of an environmental impact, or a feasible project alternative or mitigation measure considerably different from others previously analyzed that the project sponsor declines to adopt and that would clearly lessen the significant environmental impacts of the Project. No information indicates that the Draft EIR was inadequate or conclusory. CEQA Findings & SOC for Wilfred/Dowdell Village Specific Plan Page 3 of 7 1113130v2 80078/0048 15. Accordingly, information added to the Draft EIR reveals that none of the following are present: (1) a significant new environmental impact that would result from the Project or an adopted mitigation measure; (2) a substantial increase in the severity of an environmental impact; (3) a feasible project alternative or mitigation measure not adopted that is considerably different from others analyzed in the Draft EIR that would clearly lessen the significant environmental impacts of the Project; or (4) information that indicates that the public was deprived of a meaningful opportunity to review and comment on the Draft EIR. The City finds that the additions, changes and modifications made to the EIR do not collectively or individually constitute significant new information within the meaning of Public Resources Code section 21092.1 or CEQA Guidelines section 15088.5. G. MITIGATION MEASURES, CONDITIONS OF APPROVAL AND MMRP 16. Public Resources Code section 21081.6 and CEQA Guidelines section 15097 require the City to adopt a monitoring or reporting program to ensure that the mitigation measures and revisions to the Project identified in the EIR are implemented. The Mitigation Monitoring and Reporting Program ( "MMRP ") is included in Exhibit B, and is adopted by the City. The MMRP satisfies CEQA's requirements. 17. The mitigation measures recommended by the EIR and reflected in the conditions of approval are specific and enforceable. As appropriate, some mitigation measures define performance standards to ensure no significant environmental impacts. The MMRP adequately describes conditions, implementation, verification, a compliance schedule and reporting requirements to ensure the Project complies with the adopted mitigation measures. The MMRP ensures that the mitigation measures are in place, as appropriate, throughout the life of the Project. .18. The mitigation measures set forth in Exhibit B are derived from the mitigation measures set forth in the EIR, modified as necessary as to form to reflect updated information that has not required any significant change in the nature of the impacts or the adequacy of the mitigation. 19. The City adopts and imposes the mitigation measures recommended in the EIR, as modified, as enforceable conditions of the Project, except to the extent and as noted below. In the event a feasible mitigation measure, which the EIR concludes would mitigate a potentially significant impact, has been inadvertently omitted from the conditions of approval or the MMRP, that mitigation measure is adopted and incorporated from the EIR into the MMRP by reference and adopted as a condition of approval. These mitigation measures comprise the measures to reduce potentially significant impacts whenever it is feasible to do so. Whenever it is feasible to do so, potentially significant impacts have been reduced to a level less than significant. Where mitigation measures have been imposed, but they do not reduce the impact to a level less than significant, it is because it is not feasible to reduce impacts further. The City has substantially lessened or eliminated all significant environmental effects where feasible. The mitigation measures incorporated into and imposed upon the Project will not have new significant environmental impacts that were not analyzed in the Draft EIR. CEQA Findings & SOC for Wilfred/Dowdell Village Specific Plan Page 4 of 7 1113130v2 80078/0048 20. The City determines that all mitigation measures the EIR concludes would mitigate potentially significant impacts are feasible, for the reasons stated in the EIR and in materials presented by staff and by the applicants, with the exceptions set forth the remaining paragraphs. 21. Upon determining that any particular condition of approval has become infeasible, the Director of Community Development may permit substitution of equivalent measures that achieve the same level of environmental protection as the listed measure, as determined by staff or consultants with expertise in the relevant area. H. FINDINGS REGARDING IMPACTS 22. In accordance with Public Resources Code section 21081 and CEQA Guidelines sections 15091 and 15092, the City adopts the findings and conclusions regarding impacts and mitigation measures that are set forth in the EIR, and summarized in Exhibit B. These findings do not repeat the full discussions of environmental impacts contained in the EIR. The City ratifies, adopts and incorporates the analysis, explanation, findings, responses to comments and conclusions of the EIR. The City adopts the reasoning of the EIR, of staff reports, and of staff and the presentations provided by the project sponsors. 23. Under Public Resources Code section 21081(a)(2) and CEQA Guidelines section 15091(a)(2) and 15092(b)(2)(A), the City recognizes that some mitigation measures require action by, or cooperation from, other agencies. Similarly, mitigation measures requiring the project sponsor to contribute towards improvements planned by other agencies will require the relevant agencies to receive the funds and spend them appropriately. The City also recognizes that some cumulative impacts will be feasibly mitigated when other agencies build the relevant improvements, which also required action by these other agencies. For each mitigation measure that requires the cooperation or action of another agency, the City finds that adoption and /or implementation of each of those mitigation measures is within the responsibility and jurisdiction of another public agency, and that the measures can and should be adopted and /or implemented by that other agency. If the other agency fails to implement these measures, then the impacts remain significant and unavoidable, and are overridden as noted below. 24. Under Public Resources Code section 21081(a)(3) and (b), and CEQA Guidelines sections 15091(a)(3), 15092(b)(2)(B) and 15093, the City determines . that the remaining significant effects on the environment, as reflected in the EIR and in Exhibit B, are unavoidable and are acceptable due to the overriding considerations described below. I. FINDINGS REGARDING ALTERNATIVES 25. . The City finds that specific economic, social, environmental, technological, legal or other considerations make infeasible the alternatives to the Project as discussed in the EIR, and justify approval of the Project despite remaining impacts, as more fully discussed in the Statement of Overriding Considerations. CEQA Findings & SOC for Wilfred/Dowdell Village Specific Plan Page 5 of 7 1113130v2 80078/0048 26. The EIR evaluated a reasonable range of alternatives to the original project that was described in the Draft EIR. These alternatives include (1) a. No Project Alternative; and (2) an All Commercial Project. The analysis examined the feasibility of each alternative, the environmental impacts of each alternative, and the ability of each alternative to meet the project objectives. v each J 27. The City certifies that it has independently reviewed and considered the information on alternatives provided in the EIR and in the record. The EIR reflects the City's independent judgment as to alternatives. The City finds that the Project provides the best balance between satisfaction of the project objectives and mitigation of environmental impacts to the extent feasible, as described and analyzed in the EIR. The City's goal in pursuing the Project, and the Project objectives, are to implement its General Plan policies and goals to provide for land uses that offer regional commercial development in a pedestrian- oriented setting. The alternatives do not achieve these goals. 28. The project as proposed in the Draft EIR and all the remaining alternatives are rejected as infeasible, for the reasons stated in the EIR and for the following reasons. 29. Business Park Alternative. This alternative proposes a business park employment center on the west side of Rohnert Park with the same square footage as the Project that would be similar to such business parks in the City and nearby cities such as Santa Rosa. This alternative would reduce vehicular trips and traffic congestion during the PM peak hour as compared to the Project, with concomitant reductions in air pollutants. However, the use of the property for offices is inconsistent with the 2000 General Plan, which designates the property for Regional Commercial use. Lands to the north, east, and south are currently developed with commercial uses and lands to the west are designated for Regional Commercial use. The development of offices on the Project site would be inconsistent with existing and prnprJcerl commercial ,.'.3eS to tha :mur:ed. ate area. The General Plan does allow for office uses within the adjacent Northwest Specific Plan Area, so the potential for office development in the vicinity of the Project site already exists. 30. Off- site Alternative. City staff identified a potentially comparable site on the west side of Highway 101 north of the Gravenstein Highway (State Route 116) in the City of Cotati. The site had been proposed for an outlet mall, somewhat similar to the proposed Project shopping center but has since been developed as a retail center. The Off -site Alternative and the Project would have very similar effects, however, the Off -site Alternative is determined to be inappropriate because it has recently been developed with a large commercial tenant building and residential uses, therefore it is no longer available as a site for the Project. Furthermore, there are no alternative sites in the vicinity of Rohnert Park that are of the of the proper size and configuration to support the project. 31. No Project Alternative. This project involves continuation of existing property uses. Since there would be no site disturbance and no increased traffic under the No Project Alternative, it would have fewer impacts and would be environmentally superior to the Project and other alternatives. CEQA Findings & SOC for Wilfred/Dowdell Village Specific Plan Page 6 of 7 1113130x2 80078/0048 32. The City also notes that the determination whether a proposal is feasible involves consideration of whether it is capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social and technological factors. These factors involve a weighing and balancing of social, economic, technical, General Plan and Project goals and objectives, which in turn involve a balancing of policy - related issues. The City finds that the combination of benefits and impacts presented by the Project, as conditioned and mitigated, comprises a feasible, economic and rational method of achieving General Plan goals and policies. 33. The City also bases its determinations regarding alternatives on Public Resources Code section 21085 and CEQA Guidelines section 15092(c). These sections preclude a public agency from reducing the proposed number of housing units as a mitigation measure or project alternative for a particular significant effect on the environment if the agency determines that there is another feasible specific mitigation measure or project alternative that would provide a comparable level of mitigation. J. STATEMENT OF OVERRIDING CONSIDERATIONS 34. The Project meets the General Plan's objectives and goals regarding compact urban development, providing for slow, managed and predictable growth, constructing infrastructure in anticipation of development, and providing a pedestrian - friendly commercial environment. The Project site is bordered by existing Regional Commercial development on three sides, with lands designated for Regional Commercial development situated to the west, so the proposed development would further the City's goal of creating a viable commercial district in this area. The City's Economic Development Action Plan (EDAP) directs the City to create quality community gathering places for the enjoyment of residents and the attraction of visitors, and the Project is in keeping with this direction. The incorporation of a potential hotel site within the Project is also consistent with the EDAP's direction that the City expand the attractions and amenities that serve both the local population and visitors. 35. Regarding circulation, the extension of Dowdell Avenue south to intersect Business Park Drive is included as a planned improvement in the City's General Plan Land Use Element. This extension will facilitate the development of a parcel of land south of the Project site by allowing for necessary access to the parcel from the extension of Dowdell Avenue. This would not be growth inducing, however, because the parcel is inside the City's sphere of influence and anticipated for development in the General Plan. The Dowdell Avenue extension will include Class II bike lanes to encourage the use of alternative modes of transportation. In addition to improving circulation, the proposed commercial uses will be located within convenient access to Sonoma County and Golden Gate Transit routes, allowing for mass transit uses to /from the Project site. The Council adopts the conclusions and analysis presented in those documents. 36. The Project will provide a unique commercial center that can become a pedestrian- oriented gathering place for residents and visitors. CEQA Findings & SOC for Wilfred/Dowdell Village Specific Plan Page 7 of 7 1113130v2 80078/0048 EXHIBIT "B"- MITIGATION MONITORING & REPORTING PROGRAM 06 4! t 1A am! A -3,— 43 :3 G It 'Zo o cq a -fj 0 > cn Q A- G. OA ai U 0 0 J v 211) co 17 5 -a m E �,,) U 4, ' 0 0 0 00 > 40. CL. i5 4, - 0 -t:j L.4 -0- ti 1-0 vvCtt > 4: 4� 4p �! "-0 Zq CL 2 0 9 a 5 o = or, C- 4) r 0 d 0, , co vOi cu 0 d. lu t3 0 (13 7L 0- (1) o- -00 4� u C C4 Cl. Iu 0 0 4� 0 Z 0.0 1 > .2 u cl rn 0 ca 'o 4) V q y N � O C N CO pfd Ul b n N b 9 F. Q j� N y W v�Q C4 O � d gyp'= 4 U •.. � y l O yam. ^�ti cn C Y O 0 O r O v F A • 0 N 0 CL Coe ' b11 5 O U w w •u °� e A 7 aA :b � o � o =? � o �'� �'� nor ao o,:: ° � Q.b'� O+� roU VT V) -6 O D 3'.C+ Q AO. y •M.a t! 21 N C .2 W 0 •Q v "' '3 r� oE! w •ZA v d u w o a w Q.�C OAS 4 C�l .M C CO to C y G' Al r. M uy. c� O � v it A 'oA O N � O .. M O 7 w C ,j O .•C,, Es H C b U N r-' C N c�C �'A ' '~AU O 'y" • H CM U' bA 4•. ti'y •j �.V A, o >, oA �. V Q e•. .� H .+ o w (i, •v . GAL f°• 0 N y y •L N 5 3� � o � O T7 N .... cn � � O h W o �i N by `e. Ci a �n MUc w Cj LJ A t �• t'7 Q a •rt O G 'Ct c o on �' Q N H bA p 013 N y '4a � U y � a. o . i w �s 3 w o• � � w > p > Y O N N 9/ � ro. O 'w N 'U p C m O Z: c`� p R H N �� U N� �> O a N .a-. '^ y G3, ,0 _ R A. U � N> O �• of Cn q of) C on 00 01) U 61) d. O "F DO El Co o b a G CL Oj on �t U( � (ojG1 Uaro bA u Q n) Q ti C U O il cl n p mp y .O }N E TS y 7L N u — N C A y O in .S 5 .� t .� •01 p� .w b ..q v C' ti W �^ bn U y V' •> d 'd N ��' C�3" CA �. d N 'O .�.. O N :b n n b o v r F 47 o bn C v •� p L"i v N C � O O 7 O V d' w C N '� Oj y U v} Y CL'a C> vC w 0. 0 E b 5 �- !n ,o -0 ca N '^ •O . M . � N v �s V ue3 w ��� '� °H ° � 3v'� ° 3 � °uaW..� o•w cis t �• t'7 w o f O w w 4 4 O O� C 4•w '4•' N i1. N fi. O. b E^" a. ccf clr al :1• cC � I H N > O> N 4a Q n •� •Oti 'N N 00 � � •� �+ -� y .II tZ •� 3� E 3 d v p •� .. 'y^ .y O vOt' N 4 y p CC V) Gi G p S0 r OU N N 0. O •� G p ;•+ �' Q,' G y •4 'C w ..a G co On C C). 03 �n a w ca A aNi N � O � p � 'N fr' cV � M � N b � • w N a ca U ap 5 .M in ?� a oa 03 z m v o b y w a yu n H avi > n ro a ur T p i •III N vGi' .pC b q M W GO u cam`• U OA p w 3 Q - N 0,0 N <n c j ty a p u y , ty a.. . :3 .a La , o o no O i :? 4 g 10, O n a C U cu y N v a� U a U �// io a o N a •�c� �n'> • '^ 4)i �' oy 3 �. N ° ; � .s�ir w �n � a3� � t � �; ma<w � ^ r u� .y cno .. v mc� w cwr v °M r 'b o O v a� o ca.. . > ° Lama�3 , � • V o "�00 .• .� tn w> o N v a �v f 4 av � 3 N p 75 (c. `` 3 0 CL, i.,y y p cn r N •Ci 7 .+ !—• vl � Y. II. [ � N u 1=3- u � 0.s b 4 � v '.J y O > ~ p• + N � y LQ t wo 0 °n v oA 2 y H y `a y rd a ei c' Gi v ° o o voMU o 'a1 °u3v�aty -�! 3 on d n.. v a o a+ g N w a v c F V C q C i o 2r o :? 0Oi H N w E Cl al O Cl, v V o ff o" 4 0_ o si v i i r. ro 4 G �n id '' w c� �� y o l g x V Z n O a on a c1 o a� O� nni R C r�� C° d r� > A O •O •• O [�1 4. Y7 cC Al at C7 Cry O Q. pn W � O � o t--. cat � •O � � ,� Q cn �° M a � o � ,••-• y :c � N :_ <c; •�• �' .. Y � ."' � Y °'ICJ�� Hew Cn 4 O � •CS � � co O i �r N m t"' N O C N y y � O 1r � 1 r VIA' bJ i 21 A_ 'D `R Q - F q • p d o 4 o w &-n o. v sa. u an u m N W 0 rd Y N •.N A b O Vl ,4S E' C N fz, .O O C m a,3 Guv .1 L w i54 o � ? xr QI bn ,� tt7 � U b � � a q CQ1 i� O w v y � N U anq o N v uU ~4' '"' N •tom � .'O., UO O w N � G °) � tV c0 N Q o a y O�> 'II tiz v � v N W> •M v4 'U 'd 'O D. N G O p w m u t7 O 6 o O O O C q O y r u N N % Ga^rq - - Qv P OO O (/� M to N 8-2 N ca Q O 41. Q, 4�i .t- ro U Cd M. {�'i W'rH'ro ON O r N c^ x w � rJ N cNa. M O �"" y µ .a .�-. -C Q -0 '- u a p N � N N C V :d cd p u � ..-1 �, � r3 E! � ro Q � Q � ,o M � � � CA CL cn cp v u c � o hi C ry �l b N b I ,Y N t1 c n a. LQ Q v e, ,OP Oyq�W 0 M O N c°a. M 0 a T ro n CL�a a v v bn Q f on r � T � .� by a.w y C v 3 0 u On � 3 C ou W o 4 �M+O W ° d G U ra T: o � o � � ° .O •v R � v •v A ra a o N 5 p d' o N114 A �n N N •N m O T Ci 7 'a .NN.. o'� pT� y _ -* x 4' N O, v N A N cn .0 T O C C lu N•' NJ.' v M ca N c�"' <'"' t; ° O E CL, C U, .Y 'Q .> CC cV C N N C •> G O � .O ,-,, O ^C3 v?. .D `� v C O cif sv O C � °> c °' ° rs 8 o u cn ^F ° > v by n vii u 073 E o •at Q+ y S".. y V b 1 y N 6 O .>„ y SN" p (a •p}) T w• �••1 O 'jj C `� O~ C]. ,y b N !? �•'. N .G N ttf nj -t; rn t]. cn y yr -c: •C ° :n M v U .•� �7 hn :V N !vj N y A �` �F X71 .cd.. G ,L�., Cr-•, °� ^-7; .... O "7• •tl: C7 ,U 0 ca .t0 `�.�., vC, in 41 A..1~ u U C ^••, A. o O 0 M y O O ••jam. c CL C N W �I r. N b t\ C Two ,y c� F__T_� F •� c�1 U � PA 16 CL )y. O N Vt y U b C Q. (d A M U U ttt O "ti v � � � ... A e.: l,C• N �y R b N 0 • M vi w p v !�• 4 tam �� °uE mj;�, N N On •,, j C N :> � NU sp, oCq o rA O , > � N 0 C7 O N a .A-• YO O OA N O ,•��", «S Cn y O �` N y u ,� •�.. � O .... O�� .n U O N 4N 'AC7 G �. i G V -� �. G 't7 > to ^i O O w N N N •« .0 "C 1.) v t... O O 'U N� . 0 b A otl ) v b p U �i O '� .. -N , N O w , — O - r .O ".' J 1p C w H ° � ca C N d O A y p a; N C NCa ._ � zO 0- 4 t O �• .-. y jr N >"Z;; O Y O lu O o N'H ^ ny one Qo a ti. ca r.8 c y m° tl v c`n u O u u P (�•. G N o. G `r.• F-� ?'' O '� .D Nom ` u v A j '� •p ro fl. y C 00 N al O ANO-j d = O Q O G N ' ^ w O c N +R w .°.N #° "r .'0 `� w o 0 C. R y : " 0° � n o - b oO v •o O O 2 •o ° •o •"� v y N. �`O C N U N ) .A.G ,N C it y L ate) N .O-. y c� p,-4 O ni p0 �3 r. 1 :V N d is zi 00 46 LQQ.d ti i+i v14 O N d bo ' N on E- a. Cq is ro .CAA o o > o c 3 n n' ana `R-6 o o Ru" o aU o= u°� •� N �'.� O'er., v � cv. A N U p ��•++ G O � d a. y by d U Ate•. O � �. .T • R. .fir � u Cl A Q -. ro .h C v �'a' O '"tl O N Cvi ti r _o b c i2 C � m N 0 p cr i i � N � o p :: •:� u c� n � N .i .V y •. 'O Si. C a .o�. +tl (v .5 O u b. U Zg - 0 Ch Au a C 7 v o p v N a G y 7 °n C3 H 0 Z5 N n3 C .6O O Gl. U O N O tsy Lc. O y ."... . .D b() N ?30 y H@ '.. O Q n x 0-0 f7. co cNi O U H •-. b w =" C N on i.-. •O y 'a+ " LOI. O •�. •- (�^ 0 Tf O .�-'. a-.._. H %. N oro i C ° aUi J y' bn v P1 H J •n Q." O ii.. N w C U N C •- O N° p. N bq.D N r 'u Clt Q, 0 '_'° `^ «O+ N U 'i7 p in 'r b y N w Q O y N O •6 y O co w .f] u •� w 00. F,:3 cn-ct�'� y N O S A N yi = �' N u V 41 N ^!� r V) N •O !„ ' O f/1 n C: O A �_ �v ..O ;.•. O O, rn' CD on v Ua A o 0o wt 4i I Z� dou 7z� t-4 ct: :u FT I O 0 0 ;I to 0. a O ca d> M N T3 '0-- '4 0 ol 0 > .o > > o v a > Gi 0 L7 0 0 Al ci u cl tg -x R u 43 .01 u tz CL Q Q > U -00 05 0 5, "3 VA o"o -lJ d) R 0 00- > C, O C� >01 Ch t:. u J-- > 0 z M 1 8 ;u 01) - 'A 0-0 a .d 5 0 !2 G 01) bA 01) 0 = U 00 C" zi s "I - 9 2 0 C* -U �i > Cx. tj I I > lu > U 4 > 2 13 U. ca CL,- u r �o 2 v Lo 2 roocm A cn c `� a q ti 'CS O 0 N O �t � b N b t o c, V O N LL on O ul. A. C ro C G. aA M O °r7A Ona�i n a. n iy d U am r U N � � CL ^ w ^ �d o°a'ono 000rHU" v °u'A � v >tz; y 8 bA to Q. N a � w on o >+ C ? tl 3 Cl. R N G N Q c ti Q fy C c4 A O an U y ,O o is �..° at p 0. A 2 'O ..0 �., O N N N U ro G "O A te« G. , Ei o a. v �v •° id y s y ,O W .Q N , a au b a N 61 Ct N .= N O A y O ti R '" C 'v .— O ^Q U cC N E co o U N C '�j ..� CY U y d. O y '� O y N ' R w W • w b v , N �. j 0 U ° 5 5 N •� N N ; c ° Y ° dj� y E T C3 ..O W C w N "L 03 MAO vi ~ •' O O y c O oA C 0. Y o! w 0 .n cCcC� (, b Q Ol O U i'li W N Rai •+�Q? CL r O K O in R X CL 0 n d 41 :5�v �' A°� d v °' �C 00 11 y . O O 7' U N C C LX+ ' q H C i S cZ' in y N b O � � n, o � ooh `a• b w � C N Tj eO( too ZQ `fw O o W R'rlj � f�1 p O O w O E E 'o cn •p oa •o � .a c .� p (�C a A a a as n,o N N . Ej „v'. -� N C. N v '.. >/ O •,^.�1l U a WC1.. cOi ai U �Hl]. y U O t7. �]/ N � N d� C •� dp, GA •p >. > Ct, N > v a c N ^ �+1 ,G •G Rt > . o w WU > L1Ara T wV R 0 13 0 Y N > 0 U G tj5 N- cV is N y W N 'b :r, y sAN. '•" v ti o .- u. C3 0 ca 0 �� tl o av� � 0 .�. w aN J: R U :: a o t: a> a ae 01) a o c04 41 CL 0 R N R R `� •27 C i w5,0'c.�•y�•N ^m N Q. ,ra.�.4� `"C� .�aN 3 a m i n `' u °' v a CU [ .� • W 4.. H Nom. •� G 4. '�' `^ p } N 'ti H U p, �• }-n C V in o 'r« . -. bn p� U '^ y •O p �, N o� u v y U ^ v a> u a ^ W y. N M u 5n o a o �•no Mn� t �_ 3 3 Ca H, h W N V U .� A i .•. b Q) �p n R :" R IJ N° 41 w o j� N any c� q c� iN 3 S m Uy m w cn G O .eT. } I O y O O O f�1 Q N h 0 Ui `a• w b 0 C^'y Laq' ti'co y r� 4.. O �. O N C E co On ° 4 m Oil U N q V tj YO • �. �.. H � O s.� MO iG •p t4 c1, .3 � u 'c7 •G G M cob u a O C i.. i OA .. v ,-• O N U u C w G' O %• O M G1. N till ... O ,u � '� w E wv �.�a T. d tiv •� N 'O ... y 7 d N n n vv N v a > v °> y a a u } EI T o ej bA w u E •� .p a w � :n .C� •C� O :C Q U Ct W W O bA y lu u v � 42 ci i i •+ .a N A N y vi c7 O :3 , C. , w 40 .0 O f- N Q. O.. y y A 4 N co M 4 C�J H N 4°. y 'b b. N ° C �° •« N✓ °% H d u N C6 a N° an `� N N N cr •C bA ,��• '� ° m N � O � obi N !• "' ci w ai N ,C v v O a NH C c6 N N O •Na ° y «r7 "�' 'a U •�' w c`nd 1.�.. YO _ ° Cn •v N 6 N . 0 - Z U V R. ro � c6 .O v� A G: � U On d N 1".. U .r .5 a N 6 C N p C C N r j� t+Uh4 �ti�tl 'V ,�,1 d,p��bn r� 00 -4 v3 00 L41 O ;Z LO 11 0 pr 2 C6 C > o Z U O. a. wo VI Y 0 0 ci 01) o 7a o'er :3 a Ei > o U • �3 El .2 1-4 Ch >0 'i JAI Zs N 06 O CX. 1. gi ;z o O '13 00 fci > X3 -- 0 4. -9 t; 0 'a 0 O r. 0 aj o to o 11 Q- Ob r. rz Z_ cl oa a. J,2 "Uo o m • C. 0 0 > 0 4. 0 �2 !! o Wt 73 CL a 0 0 = w 0 12. - 0 0 > 41 cd > 2 ::s 0 > SNC :3 9'- ciC, - =Cn M 2 > a 20A 0 Z Lo o X le 0 u 0 C- .0 u Lo a ow ,a 2 0. 51 > IRO M N :3 N p C4 bo I N oz Ob M ZZ CL P. 'A I," c(s 0 0 :1 0 xi 0 0 Eli R vc ;�, CF Q- E: Ei b .!a M -t: > > 4� 0 an H o4. -'a 'd C2 .0 c: -Ei 0 Q 0 c, 0 > ca E) .s A �i-- M u . - = a — - cu ca 0 cq 71 2 0 0 " a) 0--n 's .5 ro 0-5 .2 0 -0 u 4� O zi A! a. v m 0 -0 0. �o 2 G 0 o 4 0 U 'i p. 4) co 4E Ei E 25 > cU y. Ei 0. ar 4> 0 M 00 fci \\ j § \ e @ \ I \ � � Q �} « ƒa« ® ®A28 \) \/\ / §\\� �23a/ -®a6\ \«�ej ± » \ � . / \ e g \ a2� § , e2e \q »e® ]§§§ mm� %i25 § \ �\ 0j) k � / 2 �\ §G §f ]® () � its « )7 § � � 5 e Cl. 33 \ ea ± » Exhibit C: wiifred /Dowde[I Area Prezoning 045 - 054.027 045.054 -025 045.054 -026 045- 045.054 -024 045 -074.015 045 - 074.010 045. 054.021 2 1 045. 074 -007 045 -074 -014 045.074 -016 045 -074 -000 045. 055 -027 045- 055 -007 045 - 075.001 1045-075-003 045. 075.008 045 -075 -005 045. 075.006 .0Q 045-075-014 1.013 045 081.019 - 1G0:p 16+0-ijJ� os3 GOLF CC - -oo2 1 i • N • r Q 1 143 - 021.014 143. 021.013 N SCALE 1 :5,000 200 0 200 400 600 FEET Meeting Date: Department: Submitted By: Submittal Date ITEM NO.8 ORD. NO. 804 ADOPTION) Council: X Miscellaneous Communications Agenda: 10114108 X 10/8/08•TG Copy to: CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT October 14, 2008 Community Development Department Ron Bendorff, Director of Community Development October 7, 2008 Agenda Title: File PL2008 -014MC —Proposed amendments to Section 17.16.030 of the Rohnert Park Municipal Code regarding the parking requirements for the following land use categories: "Hardware Store /Home Improvement Center "; "Retail Sales Not Listed Under Another Use Classification "; and "Shopping Center" Requested Council Action: Waive second reading and adopt the attached Ordinance approving the amendments to the Rohnert Park Municipal Code regarding the parking requirements for specified commercial land use categories. Summary: On September 23, 2008, the City Council voted 4 -0, 1 absent to waive the first reading and introduce an ordinance amending the parking requirements for specified commercial land use categories. Staff is requesting that the Council now waive the second reading and adopt the Ordinance. Enclosure: Ordinance amending the Rohnert Park Municipal Code regarding the parking requirements for specified commercial land use categories. 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 ItemRegular Time Approval () Public Hearing Required ( ) Not Recommended ( ) Submitted with Comment ( ) Policy Determination by Council () City Comments: City Manager's Signature: q4,lt �_6,1 Date: U JH- S:05 -b ORDINANCE NO. 804 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING SECTION 17.16.030.0 OF THE ROHNERT PARK MUNICIPAL CODE REGARDING THE PARKING REQUIREMENTS FOR SPECIFIED COMMERCIAL LAND USE CATEGORIES WHEREAS, Section 17.06.030 of the Rohnert Park Municipal Code contains the parking regulations that pertain to various commercial land use categories within the City; WHEREAS, one of the City Council's five (5) identified goals is the promotion of sustainability within the City of Rohnert Park; WHEREAS, the City Council has requested that Staff explore amendments to the City's current parking standards so as to achieve consistency with the standards of other Sonoma County communities and to reduce the amount of pavement required for parking facilities; WHEREAS, Staff has researched the parking requirements of other Sonoma County cities and has noted that the standards for the following three (3) land use categories within Section 17.16.030.0 that are noticeably higher and merit amendments: "Hardware Store /Home Improvement Center," "Retail Sales Not Listed Under Another Use Classification," and "Shopping Center "; WHEREAS, Staff has prepared proposed amendments for the parking standards for these three (3) uses that would reflect the Council's direction; WHEREAS, on August 14, 2008, the Planning Commission reviewed Planning Application No. PL2008- 014MC, the proposed amendments to Section 17.16.030.0 of the Rohnert Park Municipal Code regarding the parking requirements for specified commercial land use categories and recommended their adoption by the City Council; and WHEREAS, at the September 23, 2008 City Council meeting, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Council considered all the facts relating to Planning Application No. PL2008- 014MC, the proposed amendments to Section 17.16.030.0 of the Rohnert Park Municipal Code regarding the parking requirements for specified commercial land use categories. NOW, THEREFORE, the City Council of the City of Rohnert Park does hereby ordain as follows: SECTION 1. The above recitations are true and correct. SECTION 2. Findings. The City Council finds that: A. A duly noticed public hearing regarding the proposed amendments to the Municipal Code was held by the City Council on September 23, 2008; and B. The proposed amendments would be consistent with the General Plan's direction to ensure the continued protection of the City's natural resources, in that a reduction in parking lot Pagel of 3 pavement would decrease the local "heat island" effect. The proposed amendments would also be consistent with Geilerai Piait Policy CD -29 related to flexihility in parking standards and General Plan Policy CD -55 related to the improvement of pedestrian safety and CIrCUlatlOri and the facilitation of waiKlIg to and from aujacvll slmw, --A C. The proposed amendments would benefit the public's overall health, safety and welfare, in that the amendments would farther the City's promotion of smart growth principles by reducing the reliance on the automobile; thereby decreasing dependence on the automobile and reducing the quantity of asphalt that can contribute to the heat island effect and the generation of greenhouse gases; and D. The proposed amendments would improve water quality and achieve compliance with the Best Management Practices established by Sonoma County Water Agency, as a reduction in pavement would contribute to a corresponding reduction in pollutants that contaminate storm water; and E. The proposed ordinance amendments would not impact parcels that have been zoned for housing developments that have been targeted to meet state and regional housing requirements. SECTION 3. Environmental Clearance. In accordance with CEQA Section 15061(b)(3), "[ C]EQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." The proposed amendments, which would permit the construction of smaller parking lots for new commercial development, would result in positive benefits to the environment as set forth above. The City Council finds and determines that there is no possibility that the amendment would have a significant adverse impact on the environment and the activity is therefore exempt from CEQA. SECTION 4. Section 17.16.030.0 of the Rohnert Park Municipal Code regarding the specific parking requirements for the land use categories of "Hardware Store /Home Improvement Store," "Retail Sales Not Listed Under Another Use Classification" and "Shopping Center" are amended to read as follows: Land Use 'Required Off - Street Parking (Spaces) `Hardware Store /Home Improvement Store il space per 300 square feet of gross floor area, ;plus 1 space per 1,000 square feet of outdoor `storage and /or interior warehouse area Land Use Required Off- Street Parking (Spaces) Retail Sales Not Listed Under Another Use 1 space per 300 square feet of gross floor area Classification Page 2 of 3 kM Land Use Required Off - Street Parking (Spaces) Shopping Center :1 space per 300 square feet of gross floor area SECTION 5. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more of the sections subsections, sentences, clauses or phrases may be declared unconstitutional. SECTION 6. Effective Date. This ordinance shall be in full force and effective thirty (30) days from and after its adoption, and published and posted as required by law. This ordinance was introduced on the 23rd day of September, 2008 and DULY AND REGULARLY ADOPTED this day of , 2008 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ROHNERT PARK Mayor ATTEST: City Clerk Page 3 of 3 Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2 "d & 4d' Tuesdays of each month: • Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via email for review and approval as to form DUE no later than NOON Three (3) Mondays prior to Council meeting date • Agenda Items w /attachments via email and hard copy to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting date • Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday morning One (1) week prior to Council meeting date • Agenda Packets distributed to City Council and Agendas posted /distributed/mailed on Wednesday afternoon One (1) week prior to Council meeting date in compliance with Rohnert Park Municipal Code Section 2.08.050 {This section for City Clerk Use Only) ITEM NO.9 ORD. NO. 805 ADOPTION) Council: X Miscellaneous Communications Agenda: 10/14108 X 10/8/08 -TG Copy to: CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: October 14, 2008 Department: Administration Submitted By: Judy Hauff, City Clerk Submittal Date: October 6, 2008 Agenda Title: CONFLICT OF INTEREST CODE Requested Council Action: Adopt Ordinance Repealing Rohnert Park Municipal Code Chapter 2.60, Conflict of Interest Summary: On September 23, 2008, the City Council adopted by Resolution No. 2008 -159 a Conflict of Interest Code for the City of Rohnert Park ( "Code "), integrating the City's Conflict of Interest Code (previously adopted by ordinance) and its list of designated positions and disclosure categories (previously adopted by resolution) into one complete document adopted by resolution. Adoption of this new Code by resolution necessitates repeal of the City's existing Conflict of Interest Code contained in Rohnert Park Municipal Code Chapter 2.60. The Council by a vote of 4 -0 -1 (Vice -Mayor Stafford absent) introduced Ordinance No. 805, An Ordinance of the City Council of the City of Rohnert Park Repealing Chapter 2.60, "Conflict of Interest. " This is the second reading of Ordinance No. 805. Staff recommends the Council waive further reading and adopt Ordinance No. 805. Enclosures: Ordinance Repealing Chapter 2.60, "Conflict of Interest" 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 O Public Hearing Required ( ) Not Recommended O Submitted with Comment ( ) Policy Determination by Council ( ) City Comments: City Manager's Signature: Date: ' Ot .(Revised 010507) JH:TG- S:05 -b ORDINANCE NO. 805 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REPEALING CHAPTER 2.60, "CONFLICT OF INTEREST" WHEREAS, the Political Reform Act (California Government Code section 81000, et seq.) requires public agencies to adopt and promulgate conflict of interest codes; WHEREAS the Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. Section 18730) that contains the terms of a standard conflict of interest code and may be incorporated by reference in an agency's conflict of interest code; WHEREAS, the Political Reform Act, Government Code Section 87306.5, requires government agencies to conduct biennial reviews of their Conflict of Interest Codes; WHEREAS, the terms of the City's Conflict of Interest Code are currently codified under Chapter 2.60 of the Rohnert Park Municipal; WHEREAS, the disclosure categories and the list of designated positions required to file statements of economic interest under the Conflict of Interest Code are established by resolution; WHEREAS, staff has determined that amendments to the list of designated positions are necessary; and WHEREAS, integrating the Conflict of Interest Code with its disclosure categories and list of designated positions into one complete document, adopted by resolution, will ensure that the terms of the City's Conflict of Interest Code are in compliance with Regulation 18730 and will eliminate the need to amend the City's Conflict of Interest Code through adoption, publication and codification of an ordinance. NOW, THEREFORE, the City Council of the City of Rohnert Park does ordain as follows: SECTION 1. Chapter 2.60 of the Rohnert Park Municipal Code, "Conflict of Interest," is hereby repealed. SECTION 2. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections subsections, sentences, clauses or phrases be declared unconstitutional. SECTION 3. Effective Date. This Ordinance shall be in full force and effective thirty (30) days after its adoption and shall be published and posted as required by law. This ordinance was introduced on the 23`d day of September, 2008, and DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this day of , 2008, by the following vote: AYES: NOES: ABSENT: ASBSTAIN: CITY OF ROHNERT PARK Mayor ATTEST: City Clerk APPROVED AS TO FO : 6 a-;t' A& ' — �4stT, City At ney ITEM NO. 10 Resolution No. 2008 -.167 Approving a Job .Description and Salary Range for Human Resources Manager and Authorizing Recruitment for the Position TO FOLLOW ON FRIDAY, WITH PACKET Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2 "d & 4 t Tuesdays of each month: Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney 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 CITY OF ROHNERT PARK {This section for City Clerk Use Only) IT EM AW 1 0 Council: X Miscellaneous Communications _ Agenda:10114 /08 X 10 /10 /08 -ag Copy to: COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: October 14, 2008 Department: Human Resources Submitted By: Dan Schwarz, Acting City Manager (Name & Title) Submittal Date: October 10, 2008 Agenda Title: Human Resources Staffing and Resources Requested Council Action: Receive report and approve attached resolution authorizing the hiring of an HR Manager. Summary: Attached for the Council's review is a memorandum discussing the staffing levels in Human Resources (HR). In this discussion is a review of the difficulties HR has faced in providing adequate service to the City since the elimination of the HR Manager position in 2003. In order to bring HR closer to compliance in several regulatory areas, and to ensure that the City has adequate staffing levels in all departments, the City spent approximately $62,000 in FY07 -08 in consultant support. In FY08 -09, the City will spend $20,000- 30,000 on consultants. If an HR Manager is not hired, the City is likely to incur annual consultant costs of $20,000- 25,000. The approved FY08 -09 City Budget contains funding for an HR Manager for the last six months of the year. Fiscal Impact: A detailed discussion of the fiscal impact of hiring an HR Manager is provided in the attached memorandum. In sum, the City eliminated a Management Analyst (in the City Manager's Office) position in anticipation of hiring an HR Manager. In combination, this staffing change creates an estimated, maximum annual increase to the General Fund of $60,000 and to the Utility Funds of $6,000; the CDC - Project Fund realizes an estimated, annual reduction of $4,000 and the Housing Fund realizes a savings of $22,000. The $60,000 increase to the General Fund is further offset by a reduction in consultant costs. The net impact to the General Fund is estimated to be at least $15,000 to 45,000, depending on the starting salary of the HR Manager. The total savings is difficult to calculate due to an anticipated, but not yet quantifiable, reduction in the use of the City Attorney's Office. Enclosures: Memorandum, Fund Impact Spreadsheet, Draft Job Description, Draft Resolution, comp survey 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 b6Regular Time Approval () Public Hearing Required ( ) Not Recommended O Submitted with Comment ( ) Policy Determination by Council ( ) City Comments: City Manager's Signature: L Date: 10 10 eq (Revised 2806) H- S:05 -b CITY ADMINISTRATION 62) MEMORANDUM October 10, 2008 TO: Mayor Mackenzie and Councilmembers FROM: Dan Schwarz, Acting City Manager SUBJECT: Human Resources Staffing Situation In 2003, the City downsized by eliminating a number of positions, primarily in the middle and upper management ranks. The resulting changes in the City's administrative structure caused the City to evaluate operations and capture efficiencies in a number of areas. Many employees in the analytical classifications were given greater discretion to implement policies and practices. Department heads assumed greater day -to -day involvement in the divisions within their departments. I recommend that the Council reinstate one of the eliminated positions — the Human Resources (HR) Manager. This recommendation follows my twenty - month, hands -on assessment of HR. As currently staffed, HR lacks the administrative capacity to adequately serve its many customers. (I have attached an excellent graph prepared by the City of San Rafael that summarizes the customer base of an HR department.) Effective HR management requires a level of specialty — particularly in terms of training and up -to -date knowledge — that the current staffing arrangement does not provide. An HR Manager serves the organization in several critical ways — as personnel administrator, as regulatory agent, as benefits administrator, and as negotiator (with both labor representatives and benefit providers). An HR Manager oversees employee wellness programs, training and career development opportunities, and safety programs. HR currently has 2.25 dedicated FTE (full time equivalent employees) assigned to it. The three employees working in HR are at their workload capacity providing core services in the areas of recruitment, mandatory administrative tasks, and benefit administration. Staff conducts regular triage of other HR matters, addressing key issues when they reach critical mass.. Core services are delayed whenever this situation arises. The HR work environment is understandably stressful, further suppressing performance. (Despite these factors, the three employees in HR perform at a high level and I would be remiss if I failed to Human Resources Staffing Situation October 10, 2008 Page 2 acknowledge and commend them for their dedication to the office and the City.) As a result of this staffing arrangement, turnaround time on core services is often unsatisfactory and frustrating to HR's customer base. Most HR issues are addressed reactively. Policy and procedure updates are often neglected — in some instances, the City has fallen out of compliance with Federal and/or State law. I believe that under my stewardship, HR has corrected several deficiencies that developed following the elimination of the HR Manager. However, these improvements have come at considerable cost to the City. Within weeks of assuming department head responsibility for HR, I was dedicating 25% of my time to HR. As the scope of issues revealed itself, that figure rose to 35 %. Some weeks, as much as 45 -50% of my time has been dedicated to HR. As a result, I have not been available for assignment to a number of key projects more suited to the role of Assistant City Manager. The direct cost of dedicating my time to HR and the lost productivity of my lack of availability for other assignments are only some of the costs incurred in the past 20- months. Following the last round of negotiations, the City experienced a number of retirements. Because HR did not have the administrative capacity to handle the recruitment load created by these retirements, the City engaged the services of a local recruitment firm. Many policies and procedures were out -of- date and, in some cases, exposing the City to sanctions (most notably, the City has not adopted an OSHA - compliant safety program). To address this problem, the City engaged the services of HR consultants familiar with regulatory compliance and the management of a public HR department. These expenditures have proven quite fruitful, elevating HR's performance in key areas. These costs have also given us a sense of the financial impact the City has incurred and will continue to incur without the in -house regulatory expertise provided by an HR Manager. In Fiscal Year 2007 -08, the City spent $62,000 on these services. It is anticipated that an additional $20,000- 30,000 will be spent in FY08 -09. Without an HR Manager, I believe annual consultant costs will run $20,000 — 25,000 to remain current with regulatory policies. I should also note that there will be additional savings by reducing the number of issues referred to the City Attorney's Office. In the absence of an HR Manager with expertise and knowledge, the HR staff has had to rely on the City Attorney's Office. Over the past three - years, the City has avoided adding positions that increase the burden on the General Fund. Reinstating the HR Manager will have an impact on the General Fund. Seventy -five percent of the cost to operate HR is drawn from the General Fund. Based on a compensation survey for HR Manager, the total, annual cost to employ an HR Manager will be approximately $125,000 to 160,000 — the General Fund will pay for $94,000 to 120,000 of this cost. To reduce this fiscal impact, one Management Analyst position was eliminated from the recently approved budget. The eliminated Management Analyst position was vacant and assigned to the City Manager's Office. Human Resources Staffing Situation October 10, 2008 Page 3 Eliminating the position saved the General Fund approximately $60,000 in Fiscal Year 08 -09. The position was assigned tasks in the areas of risk management, contract negotiation, and budget analysis. These tasks can be assumed by the Assistant City Manager and staff in the Administrative Services Department — particularly with the release of Assistant City Manager time now assigned to HR. The eliminated consultant costs associated with hiring an HR Manager will save the General Fund at least $15,000 annually. Applying this savings and the savings from the elimination of the Management Analyst position to the HR Manager position reduces the impact to the General Fund by $75,000. The annual net impact to the General Fund drops to a range of $15,000 to 45,000. The basis of my recommendation is the valid return to the City in assuming this annual General Fund cost. Hiring an HR Manager: 1) Improves the ability of HR to serve its customer base; 2) Places on staff an individual with the background to ensure the City remains compliant with Federal and State law; 3) Provides a dedicated manager to address higher -level personnel matters and to contribute to the City's risk management program for issues involving personnel; and 4) Releases time of the department head over HR. (As noted, the Assistant City Manager currently expends as much as 35 -45% of his time to HR. The hiring of an HR Manager should release at least 25% of this commitment.) W �I— V I l- 0 A QJ -I-.+ O i— N SZ o Qj O Q N N a--+ L .N O m O � N rr N � :3 0 Q Appendix B c 0 � c •� a 'O v C O � v > C: v E C v t 4.1 N Ln t O + v � O N •� v O '+� O v O_ v � N N E O N � v N � O ra 0 +� V N iv 0 V v c � V C O O V _0 V ,n N v .0 O-0 0--o E v v ,C v v �n v 0 0 lJ � v Qt o +� v � vc � � V C � v C � � O v ru a� 0 FUND IMPACT OF MANAGEMENT ANALYST VERSUS HR MANAGER MANAGEMENT ANALYST 0 0 -= s FUND ` E E o a` s o Water and Sewer 18,000 15% CDC - Project Fund 12,000 10% Housing 30,000 25% General Fund 60,000 50% 120,000 HUMAN RESOURCES MANAGER a 0 s -= o FUND ¢ ` E E o o o Water and Sewer 24,000 15% CDC - Project Fund 8,000 5% Housing 8,000 5% General Fund 120,000 75% 160,000 Projects HR Manager hired at top of salary range -- most conservative assumption. Total compensation includes salary and estimated benefits costs. FY08 -09 Budget includes $80,000 to fund HR Manager position for 6 months. RESOLUTION NO. 2008 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING JOB DESCRIPTION AND SALARY RANGE FOR HUMAN RESOURCES MANAGER AND AUTHORIZING RECRUITMENT FOR THE POSITION. WHEREAS, staff has identified an organizational need in Human Resources; WHEREAS, this organizational need is to address demand for services from Human Resources and to ensure regulatory compliance by the City; WHEREAS, staff has developed a Human Resources Manager job description describing appropriate duties; and WHEREAS, the City Manager recommends the position of Human Resources Manager be designated as a Confidential employee, report to the Assistant City Manager or his designee, and be placed at the following salary range and rate: Position Range Monthly Salary Human Resources Manager 94CF $7,427 — 9,027 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park approves the job description and salary range for Human Resources Manager and that the City Manager (Personnel Officer) or designee is authorized to recruit for the position. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 14`" day of October, 2008. CITY OF ROHNERT PARK Mayor Jake Mackenzie ATTEST: City Clerk City of Rohnert Park HUMAN RESOURCES MANAGER DEFINITION Plans, organizes, manages, and directs the City's human resources services and functions including recruitment, examination and selection, classification and compensation, employment data and records, employee and labor relations, benefits administration, workers' compensation, workplace safety, legal compliance, risk management and employee training. DISTINGUISHING CHARACTERISTICS The Human Resources Manager is a single - position class responsible for the administration and coordination of the day -to -day operation of the City's human resources related programs. The incumbent is expected to work independently and to possess a wide range of knowledge regarding issues relating to human resources. The Human Resources Manager job class is distinguished from the Human Resources Analyst by having overall program responsibility rather than specific project assignments. SUPERVISION RECEIVED /EXERCISED General direction is provided by the City Manager or his /her designee. Supervisory responsibilities include the direct supervision of a Human Resources Analyst and Human Resources Technician. ESSENTIAL JOB FUNCTIONS (These duties are a representative sample; position assignments may vary.) • Formulates, recommends, interprets, and implements rules, policies, and procedures • Identifies legal requirements and government regulations affecting human resource functions, and ensures policies, procedures, and reporting are in compliance • Directs the administration of the recruitment, examination, and selection of personnel • Maintains and administers the classification and compensation program • Directs the administration of the City's benefits programs including the California Public Employees'. Retirement System (CaIPERS) program, workers' compensation, unemployment insurance, health, dental, vision, and other benefit programs • Conducts labor negotiations and implements Memorandums of Understanding and Compensation Plans • Administers and serves as a resource for the City's Safety Program including the Injury and Illness Prevention Program • Provides technical expertise and assistance to employees, supervisors, and managers on employee performance, discipline, supervision, and grievances Human Resources Manager Page 3 of 3 Pages • Investigates complaints and recommends appropriate action • Advises confers, and counsels employees, su ervisors, and mana - ers in the P 9- handling of interpersonal relationships, conflict resolution and consensus building • Assists in the mediation and resolution of workplace conflicts • Provides employee training and development programs • Supervises the processing of personnel transactions and the maintenance of appropriate employment data and records • Directs the employee performance evaluation system • Prepares the division's annual budget and annual report • Represents the City's Human Resources Division with community groups and other governmental agencies • Performs related duties as assigned • May be assigned as a Disaster Service Worker in the event of a disaster or emergency. QUALIFICATIONS Sufficient education and /or experience to oversee the human resources function. Education and /or Experience: Positions in this class typically require: • Bachelor's Degree in Business or Public Administration or a closely - related field from an accredited college or university • Four years of increasingly responsible experience administering a personnel. program(s) and supervising employees Licensing Requirements: (positions in this class typically require) • Valid California Class C Driver's License by date of appointment Extensive knowledge of: • The modern principles, practices and methods of public human resources management • Principles and methods of supervision, public relations, recruitment, examination, job classification, pay, training, equal employment opportunity, employee relations and office management Thorouah knowledae of: • Principles and practices of public administration • Federal, state and local laws and regulations affecting human resources management • Research methodology, report writing and basic statistics Working knowledge of: • Written and oral communications,. including language mechanics, syntax and English composition • Volunteer management programs Human Resources Manager Page 3 of 3 Pages Skill to: • Use spreadsheets and word processing software packages, organizing data and materials, and preparing reports and documents Ability to: • Effectively plan, organize, direct, coordinate, administer and supervise activities and programs of a public human resources program through subordinate staff • Understand, interpret and properly apply provisions of applicable laws, ordinances, rules, regulations, memoranda of understanding and operating procedures • Analyze administrative problems to reach logical and practical conclusions and institute effective changes • Prepare and direct the preparation of comprehensive written reports and oral presentations containing alternative solutions and recommendations regarding specific resources, plans, and policies • Establish and maintain cooperative working relationships • Deal tactfully, convincingly and effectively with subordinate personnel, public officials, employees, organizations and the general public • Ensure proper compliance with Federal and State guidelines, policies, rules and regulations relating to human resources management • Develop and update departmental rules, regulations and policies • Learn and utilize new technology, i.e. specialized HR software systems WORKING CONDITIONS Position requires prolonged sitting, standing, walking, reaching, twisting, turning, kneeling, bending, squatting, stooping, and lifting in the performance of daily activities. The position also requires grasping, repetitive hand movement, fine coordination in preparing and reviewing statistical reports and data, using a computer keyboard. Additionally, the position requires near, far, and color vision in reading reports and using the computer. Hearing is required when providing phone and face -to -face customer service and participating in meetings. The need to lift, drag, and push files, paper, and documents weighing up to 25 pounds also is required. FLSA Status: Exempt Employee Unit: Confidential Unit Approved By: City Council Date Approved: October 14, 2008 H Z W W H W a. W V Z Q N Z rn C� G N d O N a) C R{ E 3 ��° t� rn `� r� r1i m 0 rn Ln n r m m m rn N Ln O 6l n Ql O I- n d' r M c C j/} 00 N O O Ql 00 (- al Ol O Ol ri r1 c1 Ol 00 f" m Ql V U LO O O O o t� rn rn r� r1i m Q o m r W c r"I Ln O Ql N E O T +, V) N N V) V) V) a) Ol N `-I m Ol 00 f" m Ql U LO O O O N W ua LO a a a a a ti- O V) O c v N y v 0 a 0 i 0A c c v p ri 00 O v _ o M M O t0 N m C . _ O 'IT M U o 00 o o v1 I- p n 00 O O CL E c ri G N v u° v a, a`) a`, a v a) 06 T f6 (0 m f0 m E v rn o O o ccc G ccc C ccc C ccc C G 4- + 0 Q a) K 0 C: > O 0 o c a a E _ ° 2 2 2= 2 V) a U v o. O vl O O O O O E c m ,°3 0 w ° U L, a o t� rn rn r� r1i m o m r W c r"I Ln O Ql N O Vl (9 Ol O t, O a) Ol N `-I m Ol 00 f" m Ql LO O O O N W M LO V) O c v N y v 0 a i 0A c v p ri 00 O c C M M O t0 N m C . � � 'IT M U v v v1 (D N G m r W O r"I Ln O Ql N Q. Vl (9 Ol O t, O a) Ol N `-I m Ol 00 f" m Ql V) O N y v 0 a i 0A c v c y v m > a c C � E v v v v1 (D v v v a, a`) a`, a v 06 f6 (0 m f0 m E v rn o cc C ccc G ccc C ccc C ccc C G 4- + 0 a) OC K 0 C: > O 0 o c a a 2 2 2= 2 V) a U ,°3 0 L, a ca co N v o = ) O W v +T+ C 41 LF- > a fo -0 L u° i U > O O m o o U a ti Z V) w ~ Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2nd & 4th Tuesdays of each month: • Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney and Assistant City Manager via email to review for "approvals as to form" and agenda planning DUE no later than NOON Three (3) Mondays prior to Council meeting dates • Agenda Items with related attachments via email to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting dates • Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday mornings One (1) week prior to Council meeting dates • Agenda Packets distributed to City Council and Agendas posted/distributed /mailed on Wednesday afternoons One (1) week prior to Council meeting dates for compliance with Rohnert Park Municipal Code Section 2.08.050 {This section for City Clerk Use Only) ITEM NO. 11 ORD. NO. 807 (INTRO.) RESO. NO. 2008-168 Council: X Department: Miscellaneous Submitted By: Dan Schwarz, Acting City Manager Communications October 7, 2008 Agenda Title: Agenda: 10114/08 X 1018108 -TG Copy to: CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT Meeting Date: October 14, 2008 Department: Administration Submitted By: Dan Schwarz, Acting City Manager Submittal Date: October 7, 2008 Agenda Title: Council Protocols Requested Council Action: Approve attached ordinance and resolution. Summary: Based on the Council's feedback during sessions in 2007 and 2008, staff has prepared the attached protocols governing the conduct of Council's business. Attached for the Council's reference is a May 27, 2008 memorandum from City Manager Steve Donley discussing three issues requiring Council consideration. Staff incorporated the Council's feedback on these issues into the document. Changing the date of the Council meeting from Tuesday to Monday. This eliminates the conflict between School Board and Council meetings. After substantial review of the calendars of councilmembers and the City Attorney, it was determined that the current meeting schedule should remain in place. Develop rules for use of electronic devices during council meetings, such as cell phones, computers, etc. This would eliminate concerns regarding violation of open meeting laws. Section III(C) addresses the use of electronic devices. Reducing the requirement to place an item on the agenda from three votes to two votes. Section II(F)(1) addresses this issue and allows that the concurrence of two councilmembers is sufficient to place an item on the agenda. Enclosures: Draft Ordinance, Draft Resolution, Draft Protocols, May 27, 2008 memo 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 pproval O Public Hearing Required ( ) Not Recommended O Submitted with Comment ( ) Policy Determination by Co O C' Co e City Manager's Signature: Date: " �� ORDINANCE NO. 807 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING CHAPTER 2.08, "COUNCIL PROCEDURAL RULES," OF THE ROHNERT PARK MUNICIPAL CODE WHEREAS, Chapter 2.08, "Council Procedural Rules" of the Rohnert Park Municipal Code establishes the time and place for regular meetings and sets forth the rules by which the City Council conducts its meetings and City Council business; WHEREAS, the City Council wishes to revise and update its procedural rules by adopting Council Protocols; and WHEREAS, the City Council wishes to adopt its Council Protocols by resolution, which requires amending Chapter 2.08 of the Rohnert Park Municipal Code. NOW, THEREFORE, the City Council of the City of Rohnert Park ordains as follows: SECTION 1. Chapter 2.08, "Council Procedural Rules" is retitled as "Council Protocols" and amended to read as follows: "Chapter 2.08 COUNCIL PROTOCOLS 2.08.010 Establishment of Time and Place for Regular Meetings of the City Council The City Council shall, by resolution, establish the time and place for its regular meetings. 2.08.020 Adoption of Council Protocols The City Council shall, by resolution, adopt protocols by which the City Council conducts its meetings and members of the City Council conduct City business." SECTION 2. Ef fective Date and Publication. This ordinance shall be in full force and effective 30 days after its adoption, and shall be published and posted as required by law. 11116 WU111alWV,- WCX6 liltrodLL%ieU oil the 1-t day of Ol+tobl+r, 2VV8, alld DUL Y Ai;TD REGULARLY ADOPTED this day of , 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ROHNERT PARK Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney RESOLUTION NO. 2008-168 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ADOPTING CITY COUNCIL PROTOCOLS WHEREAS, Chapter 2.08, "Council Procedural Rules" of the Rohnert Park Municipal Code establishes the time and place for regular meetings and sets forth the procedural rules by which the City Council conducts its meetings and City Council business; WHEREAS, the City Council wishes to establish.the time and place of its regular meetings by resolution; and WHEREAS, the City Council wishes to revise and update its procedural rules by adopting, by resolution, the attached Council Protocols. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that Regular Meetings of the Council shall be held the second and fourth Tuesdays of each month commencing at 6:00 p.m. in the City Council Chambers, Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, California. BE IT FURTHER RESOLVED that the City Council of the City of Rohnert Park hereby adopts the Council Protocols attached hereto as Exhibit "A," said Council Protocols to be effective 30 days after the adoption of Ordinance No. 807. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 14th day of October, 2008. CITY OF ROHNERT PARK Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney City Council PROTOCOLS City of Rohnert Park • October 2008 Table of Contents I. COUNCIL MEETINGS ......................................................................... .............................. - 1 A. Regular Meetings ............................................................................... ............................... 1 - 1. Other Locations .............................................................................. .............................. - 1 - 2. Location during Local Emergency ................................................. .............................. - 1 - 3. Canceled Meetings ......................................................................... .............................. - 1 B. Special Meetings and Emergency Meetings ...................................... ............................... 1 C. Adjourned Meetings ........................................................................... .............................. - 1- D. Closed Sessions .................................................................................. .............................. - 1 E. Cancellation of Regular Meetings ...................................................... .............................. - 2- F. Quorum .............................................................................................. ..............................- - G. Presiding Officer ................................................................................ .............................. - 2- 1 Absence of Mayor .......................................................................... .............................. - 2- 2. Mayor and Vice Mayor Absence ................................................... ............................... 2- 3. Selection of Mayor and Vice Mayor .............................................. .............................. - 2- H. Attendance by the Public ................................................................... ..............................- - 1. Agenda Packets .................................................................................. .............................. - 3- J. Action Minutes ................................................................................... .............................. - 3- 1 Comments for the Record .............................................................. ............................... 3- 2. Reading of the Minutes .................................................................. .............................. - 3- 3. Approval of Minutes ...................................................................... ............................... 3- 4. Recordings of Meetings ................................................................. ............................... 3- 11. ORDER OF BUSINESS ........................................................................ ............................... 3- A. General Order ..................................................................................... .............................. - 3- B. Action Agenda Items ......................................................................... ............................... 4- C. Presentations /Proclamations .............................................................. ............................... 4- D. Consent Calendai ................................................................................ ............................... 4- E. Communications ................................................................................ ............................... 4- F. Matters from /for Council ................................................................... ............................... 5- 1 Requests for Discussion and Deliberation at a Subsequent City Council Meeting......- 5- 2. Reports of Meetings, Community Activities, for Information Only ............................. 5- 1 G. Council Committee and Other Reports - - H. Travel Expenditures Quarterly Report .................................. ....:.::::::: :::::::::.....................- 5 - I. Standard Adjournment - - III. RULES OF CONDUCT ..................................................................... .............................. - 6- A. Roberts' Rul es .................................................................................... ............................... 6- B. Powers and Duties of Presiding Officer or City Council ................... ............................... 6- 1 Participation 6... 2. Seating Arrangement for City Council .......................................... ............................... 6- 3. Question to Be Stated ..................................................................... .............................. - 6- 4. Signing of Documents .................................................................... .............................. - 6- 5. Sworn Testimony and Subpoenas .................................................. .............................. - 6- C. Rules of Decorum .............................................................................. ............................... 7- 1 Council Members ........................................................................... .............................. - 7- 2. Use of Electronic Devices .............................................................. .............................. - 7- 3. Staff ................................................................................................ .............................. - 7 - 4. Conduct of Speakers ...................................................................... ............................... 7- D. Rules of Debate .................................................................................. .............................. - 7- 1. Getting the Floor ............................................................................ .............................. - 7- 2. Questions to Staff ........................................................................... .............................. - 7- 3, Interru ptions ................................................................................... ............................... 8- 4. Points of Order ............................................................................... .............................. - 8- 5. Point of Personal Privilege ............................................................. .............................. - 8- 6. Limitation of Debate _ - E. Motions — Second Required ............................................................... ............................... 8- F. Preparation of Ordinances —Approval ............................................... .............................. - 8- G. Reading of Ordinances and Resolutions ............................................ ............................... 9- H. Required Votes ................................................................................... .............................. - 9- 1. Voting Procedure ...................................... _ 9- ........................................ ............................... J. Disqualification for Conflict of Interest ............................................. .............................. - 9- K. Failure to Vote _ _ L. Tie Vote ...........................- 9- M. Changing Vote _ _ N. Reconsideration ................................................................................ .............................. - 10- ll O. Serial Meetings ................................................................................ ............................... 10 - P. Teleconferencing .............................................................................. .............................. - 10 - IV. PUBLIC HEARINGS ...................................................................... ............................... 10 - A. General Procedure ............................................................................ .............................. - 10 - B. Time for Consideration .................................................................... ............................... 11 - C. Continuance of Hearings .................................................................. .............................. - 11- D. Public Discussion at Hearings .......................................................... .............................. - 11 - 1. Public Member Request to Speak ................................................ ............................... 11- 2. Council Questions of Speakers.. ................................................................................. 1 1 - 3 . Due Process .................................................................................. .............................. - 12 - 4. Public Oral Presentations ............................................................. .............................. - 12 - 5. Materials f o r Public Record ......................................................... ............................... 12 - 6. Germane Comments ..................................................................... .............................. - 12 - E. Communications and Petitions ......................................................... .............................. - 12 - F. Admissible Evidence ....................................................................... ............................... 12 - V. ADDRESSING THE CITY COUNCIL .............................................. ............................... 12 - A. Staff Presentations - - B. Oral Presentations by Members of the Public .................................. .............................. - 12 - C. Public Comments - 1. Timing - 2. Speaker Cards .............................................................................. ............................... 13 - 3. City Business - 4. Council Deliberations Prohibited ................................................. .............................. - 13 - 5. Council Interaction with Public ................................................... ............................... 14 - D. Agenda Item Oral Presentations ...................................................... ............................... 14 - 1 . Time Limit ................................................................................... ............................... 14 - 2. Project Applicant or Appellant .................................................... ............................... 14 - 3. Presentation Submitted in Writing ............................................... .............................. - 14 - E. Power Point Presentations ................................................................ .............................. - 14 - F. Comments in Writing Encouraged ..................................................... ............................ - 15 - G. Comment Cards - H. Repetitious or Dilatory Comments Prohibited ................................. .............................. - 15 - I. Waiver of Rules - iii J. Non Exclusive Rules ........................................................................ .............................. - 16 - VI. POLICY DECISION - MAKING PROCESSES .............................................................. 16 - A. Council Member Appointments and Assignments .......................... ............................... 16 - B. Mayor to Act as Council Ceremonial Representative ..................................................... 16 - C. Honoring Residents and Other Worthy Persons .............................. ............................... 16 - D. Council Member Participation in Community Activities ................ ............................... 17 - E. Study /Work Session ......................................................................... .............................. - 17 - VII. COUNCIL COMMITTEES ............................................................. .............................. - 18 - A. Purpose ............................................................................................. .............................. - 18 - B. Appointment - C. Conflict of Interest - D. Committee Meetings - E. Communications .............................................................................. ............................... 18 - F. Committee Materials ........................................................................ .............................. - 18 - G. Committee Recommendations ......................................................... ............................... 19 - H. Staffing ............................................................................................. .............................. - 19- VIII. COUNCIL MEMBER ADMINISTRATIVE SUPPORT ............................................... 19 - A. Mail - 1. Correspondence Addressed to Mayor and /or City Council ......... ............................... 19- 2. Letters Addressed to individ'u'ai CouiiCI vieniverS .................................................... 19 - 3. Retention of Council Mail ............................................................ .............................. - 20 - B. Council Correspondence .................................................................. .............................. - 20 - 1. Personal Correspondence ............................................................. .............................. - 20- C. Clerical Support ............................................................................... ............................... 20 - D. Master Calendat............................................................................................................... 20 - E. Requests for Research or Information ............................................. ............................... 20- F. Council Notification of Significant Incidents .................................. ............................... 21- G. Expense Reimbursement .................................................................. .............................. - 21 - IX. COUNCIL VACANCY ................................................................... ............................... 21- X. FAILURE TO OBSERVE COUNCIL PROTOCOLS ........................ ............................... 22- ILI ROHNERT PARK CITY COUNCIL PROTOCOLS I. COUNCIL MEETINGS A. Regular Meetings Regular Meetings of the Council will be held the second and fourth Tuesdays of each month commencing at 6:00 p.m. in the City Council Chambers, Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, California. 1. Other Locations The Council may, from time to time, elect to meet at other locations within the City and upon such election will give public notice of the change of location in accordance with provisions of the Government Code. 2. Location during Local Emergency If, by reason of fire, flood or other emergency, it will be unsafe to meet in the City Hall, the meetings may be held for the duration of the emergency at such other place as may be designated by the Mayor or, if the Mayor does not so designate, by the Vice Mayor or City Manager. 3. Canceled Meetings When the day for any regular meeting falls on a legal holiday, the regularly scheduled meeting for that day will be deemed canceled unless otherwise provided by the Council. The Council must meet regularly, however, at least once each month. B. Special Meetings and Emergency Meetings Special meetings and emergency meetings of the Council may be called and held from time to time pursuant to the procedures set forth in the Ralph M. Brown Act (Government Code sections 54950, et seq.). C. Adjourned Meetings The Council may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment pursuant to the procedures set forth in the Ralph M. Brown Act (Government Code sections 54950, et seq.). D. Closed Sessions Consistent with the Ralph M. Brown Act (Government Code sections 54950, et seq.), the Council may hold closed sessions during any regular or special meeting, or any time otherwise authorized by law to consider or hear any matter which is authorized by State law to be heard or considered in closed session. City Council Protocols Draft: 101812008 2:41 PM Page 1 of 22 1. The City Council may exclude from any such closed session any person or persons which it is authorized by State law to exclude from such closed sessions. 2. The general subject matter for consideration will be expressed in an open meeting before such session is held. 3. Council members may not reveal the nature of discussion or the decision from a closed session unless required by law. E. Cancellation of Regular Meetings Any meeting of the Council may be canceled in advance by a majority vote of the Council. F. Quorum A majority of the Council will constitute a quorum, but a lesser number may adjourn from time to time. G. Presiding Officer The Mayor will preside over all Council meetings. The Mayor will have authority to preserve order at all Council meetings, to remove any person from any meeting of the Council for disorderly conduct, to enforce the rules of the Council and to determine the order of business under the rules of the Council. The Mayor will also have the power to administer oaths and affirmations. 1. Absence of Maw The Vice Mayor will act as Mayor in the absence or disability of the Mayor. 2. Mayor and Vice Mayor Absence When the Mayor and the Vice Mayor are absent from any meeting of the Council, the members present may choose another member to act as Mayor pro tem, and that person will, for the time being, have the powers of the Mayor. 3. Selection of Mayor and Vice Mayor The Mayor and Vice Mayor will be selected by a majority vote of a quorum of the City Council. H. Attendance by the Public Except as specifically provided by law for closed sessions, all meetings of the Council will be open and public in accordance with the terms, provisions and exceptions consistent with the Ralph M. Brown Act (Government Code sections 54950, et seq.). City Council Protocols Draft: 101812008 2:41 PM Page 2 of 22 I. Agenda Packets The City Council agenda packet, including all reports, communications, ordinances, resolutions, contracts, documents, or other matters to be submitted to the City Council at the regular meeting, will be delivered to members of the City Council on the Thursday preceding the Tuesday Council meeting to which the agenda packet pertains. The agenda packets will be made available for public inspection upon its distribution to the City Council. Any writings or documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will also be made available for public inspection at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. J. Action Minutes Minutes of Council meetings will be action minutes. Action minutes will include final motions with votes. The minutes will also reflect the names of public speakers. Council and staff discussion and comments will not be included in the minutes. The City Clerk will have exclusive responsibility for preparation of the minutes and directions for changes in the minutes will be made only by majority action of the City Council. 1. Comments for the Record If a Council member desires for a comment to be included in the minutes, it is his /her responsibility to indicate that the statement is "for the record" before making the comments. 2. Reading of the Minutes Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council, the minutes may be approved without reading if the City Clerk has previously furnished each Council member with a copy. 3. Approval of Minutes Minutes of meetings are generally submitted to the Council within two weeks for approval. Any Council member who was absent from the prior meeting may participate and vote on the approval of the minutes and need not abstain on the approval of the minutes for that meeting. 4. Recordings of Meetings Taped recordings of proceedings are maintained by the City Clerk for a period of one year plus the current year. IL ORDER OF BUSINESS A. General Order The business of the Council at its meetings will generally be conducted in accordance with the following order of business unless otherwise specified. The Mayor may, with the concurrence of a majority of the Council members present, City Council Protocols Draft: 101812008 2:41 PM Page 3 of 22 reorder items on the agenda to accommodate the public or to address other concerns. A closed session may be held at any time during a meeting consistent with applicable law. CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE PRESENTATIONS /PROCLAMATIONS REPORTS BY OTHER AGENCIES PUBLIC COMMENTS CONSENT ITEMS PUBLIC HEARINGS REPORT ITEMS COUNCIL COMMITTEE AND OTHER REPORTS COMM U NICA T ION S MATTERS FROM /FOR COUNCIL CITY MANAGER'S /CITY ATTORNEY'S REPORTS PUBLIC COMMENTS ADJOURNMENT B. Action Agenda Items In accordance with the Ralph M. Brown Act, the Council may not take action on any item that did not appear on the posted Council agenda 72 hours prior to the Council meeting unless an exception is made as permitted under Government Code section 54954.2. C. Presentations /Proclamations All presentations will be calendared and coordinated through the Mayor and will be limited to a time period not to exceed 15 minutes at each Council Meeting. D. Consent Calendar Agenda items removed from the consent calendar by Council members or staff will be considered at the beginning of the report items section of the agenda. Members of the public may comment on consent items prior to the Council's consideration of the consent agenda. A Council member may vote "no" on any consent item without comment or discussion. Any abstentions, comments, questions or discussion on an item will require the pulling of the item from the consent calendar. E. Communications Correspondence received in the City Clerk's Office or other City offices after distribution of the Council agenda and agenda packet shall not be placed on the agenda unless it concerns a matter to be considered by the Council at the next regular meeting or is determined by the Mayor or the City Manager to be an urgent matter that should be brought to the immediate attention of the Council. Correspondence need not be read aloud at a Council meeting unless requested by a majority vote of the Council. City Council Protocols Draft: 101812008 2:41 PM Page 4 of 22 F. Matters from /for Council 1. Requests for Discussion and Deliberation at a Subsequent City Council Meeting Any member of the City Council may place an Item on "Matters from /for Council" before the City Council meeting by providing the City Manager with the title of the item before the agenda is published. The purpose of the City Council discussion on such item will be to determine whether it will be placed on a subsequent agenda for deliberation and action. A concurrence of two Council members will be sufficient to add the item on a subsequent agenda. A Council member may not add an item under "Matters from /for Council" at the City Council meeting in accordance with the Brown Act (Government Code section 54954.2(a)). 2. Reports of Meetings Community Activities, for Information Only Any member of the City Council may place an item on "Matters from /for Council" at the City Council meeting if the only purpose of the item is to report on the activities of the City Council member or on a meeting of community interest. G. Council Committee and Other Reports This time is set aside to allow members of the Council serving on Council subcommittees and regional boards, commissions or committees to present a verbal report to the full Council on the activities of the respective boards, commissions or committees upon which they serve. No action may be taken. H. Travel Expenditures Quarterly Report A quarterly report of funds expended for each Council member traveling for City business will be provided to the Council on the consent agenda of a regular meeting. The report will generally be provided to the Council within 30 days of the end of each quarter. I. Standard Adjournment The Council establishes 11:00 p.m. as the hour of adjournment and will not continue beyond 11:00 without a majority vote of the Council. To assist in making the determination to continue an item under consideration, the Council should find that discussion, deliberation and action on the item can be concluded by 12:00 midnight. The Council will not hear any new agenda items past 11:00 p.m. without a majority vote of the Council. A determination should be made by Council that any new item(s) can be discussed, deliberated and action taken before 12:00 midnight. If agenda items remain after the 11:00 p.m. adjournment, a special meeting may be scheduled or the items deferred until the next week. Deferred items will appear first under Report Items of the next agenda. City Council Protocols Draft: 101812008 2:41 PM Page 5 of 22 III. RULES OF CONDUCT A. Roberts' Rules Except as provided herein, other rules adopted by the City Council and applicable provisions of state law, the procedures of the City Council will be governed by the latest revised edition of Roberts' Rules of Order. B. Powers and Duties of Presiding Officer or City Council 1. Participation The presiding officer may move, second, debate and vote from the chair. 2. Seating Arrangement for City Council The Mayor will, following each Council election and at such other time as the Mayor deems it necessary, establish the seating arrangement of the members of the Council. The Vice Mayor will always be seated immediately next to the Mayor. 3. (question to Be Stated The presiding officer or such member of the city staff as he /she may designate will verbally restate each question immediately prior to calling for the vote. The presiding officer in his /her discretion may publicly explain the effect of a vote for the audience, or he /she may direct a member of the city staff to do so before proceeding to the next item of business. 4. Signing of Documents The presiding officer will sign all ordinances, resolutions, contracts, and other documents necessitating his /her signature, which were adopted in his /her presence, unless he /she is unavailable in which case the signature of an alternate presiding officer may be used. 5. Sworn Testimony and Subpoenas Pursuant to California Government Code section 40603 the Mayor will have the power to administer oaths and affirmations, take affidavits and certify them under his /her hand. In addition and pursuant to Government Code section 37104, the City Council may issue subpoenas to require attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before the Council. The form of oaths administered by the Mayor will be substantially in the following form: Name of affiant. "I hereby declare or affirm under penalty of perjury that the testimony I am about to give before the City Council is the truth." City Council Protocols Draft: 101812008 2:41 PM Page 6 of 22 C. Rules of Decorum 1. Council Members While the Council is in session, Council members will preserve order and decorum, and a member will neither by conversation or otherwise delay or interrupt the proceedings or the peace of the Council nor disturb a member while speaking or refuse to obey the orders of the presiding officer. 2. Use of Electronic Devices While the Council is in session, Council members will refrain from using handheld electronic devices such as cell phones, pagers, PDAs and other electronic devices that can be used for purposes of sending or receiving external communication. Council members are permitted to use laptop computers to access electronic agenda packets while in session. 3. Staff Members of the City staff and employees will observe the same rules of order and decorum applicable to the City Council. 4. Conduct of Speakers No person shall use loud, profane, threatening, or personally abusive language, or engage in any other disorderly conduct so as to disrupt, disturb or otherwise impede the orderly conduct of any Council meeting. Persons who violate this rule may be barred from attendance for the remainder of the Council meeting, provided that the Mayor has notified the person to conduct himself /herself in a manner consistent with this rule, and warned the person that he /she will be removed if he /she continues to disrupt the Council meeting. If after notification and warning the person persists in disrupting the meeting, the Mayor shall order the person to leave the Council meeting. If the person does not remove himself /herself, the Mayor may request any law enforcement officer who is on duty at the meeting to remove that person from the Council Chambers. D. Rules of Debate 1. Getting the Floor Every Council member desiring to speak will first address the presiding officer, gain recognition by the presiding officer, and will confine himself /herself to the question under debate, avoiding personalities and indecorous language. 2. Questions to Staff Every Council member desiring to question the City staff will, after recognition by the presiding officer, address his /her questions to the City Manager, the City Attorney, or the City Clerk, who will either answer the inquiry or designate a member of his /her staff for that purpose. City Council Protocols Draft: 101812008 2:41 PM Page 7 of 22 3. Interruptions A Council member, once recognized, will not be interrupted when speaking unless called to order by the presiding officer, unless a point of order or personal privilege is raised by another Council member or unless the speaker chooses to yield to a question by another Councilmember. If a Council member, while speaking, is called to order, he /she will cease speaking until the question of order is determined and, if determined to be in order, he /she may proceed. Members of the City staff after recognition by the presiding officer will hold the floor until completion of their remarks or until recognition is withdrawn by the presiding officer. 4. Points of Order The presiding officer will determine all points of order subject to the right of any Council member to appeal to the Council. If an appeal is taken, the question will be, "Will the decision of the presiding officer be sustained ?" A majority vote conclusively determines the question of order. 5. Point of Personal Privilege The right of a Council member to address the Council on a question of personal privilege is limited to cases in which his /her integrity, character or motives are questioned or where the welfare of the Council is concerned. A Council member raising a point of personal privilege may interrupt another Council member who has the floor only if the presiding officer recognizes the privilege. 6. Limitation of Debate No Council member will be allowed to speak more than once upon a particular subject until every other Council member desiring to do so has spoken. E. Motions — Second Required A motion by a member of the Council, including the presiding officer, may not be discussed or acted on without receiving a second. F. Preparation of Ordinances — Approval 1. The City Attorney will prepare or approve all ordinances. No ordinance will be prepared for presentation to the Council unless ordered by a majority vote of the council or requested by the Mayor or City Manager or prepared by the City Attorney on his /her own initiative. 2. All ordinances, resolutions and contract documents will, before presentation to the Council, be approved as to form and legality by the City Attorney and City Council Protocols Draft: 101812008 2:41 PM Page 8 of 22 examined and approved for administration by the City Manager or his representative. G. Reading of Ordinances and Resolutions Motions offering ordinances or resolutions are deemed to include waiver of full reading and title of the ordinance or resolution unless otherwise specifically stated. If a Council member so requests the ordinance or resolution will be read in full. Ordinances that have been introduced by unanimous vote of the Council may be placed on the consent calendar and adopted by a roll call vote for consent calendar approval. H. Required Votes Three affirmative votes are required for (1) ordinances, (2) resolutions granting franchises, or (3) resolutions and motions for payment of money. I. Voting Procedure A vote of the Council, including a roll call vote, may be registered by the members by answering "Yes" for an affirmative vote or "No" for a negative vote upon his /her name being called by the City Clerk. J. Disqualification for Conflict of Interest Any Council member who is disqualified from voting on a particular matter by reason of a conflict of interest will publicly state or have the presiding officer state the nature of the disqualification in open meeting. Where no clear disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Council member affected, be decided by the other Council members. A Council member who is disqualified by reason of a conflict of interest in any matter may not remain in his /her seat during the debate and vote on the matter, but will request and be given the permission of the presiding officer to step down from the dais. A Council member stating disqualification will not be counted as a part of a quorum and will be considered absent for the purpose of determining the outcome of a vote on the matter. K. Failure to Vote Every Council member should vote unless disqualified by reason of a conflict of interest. A Council member who abstains from voting in effect consents that a majority of the quorum may decide the question voted upon. L. Tie Vote Tie votes will be lost motions and may be reconsidered. M. Changing Vote A member may change his /her vote only if he /she makes a timely request to do so immediately following the announcement of the vote by the presiding officer and prior to the time that the next item in the order of business is taken up. A Council City Council Protocols Draft: 101812008 2:41 PM Page 9 (?f22 member who publicly announces that he /she is abstaining from voting on a particular matter may not subsequently withdraw his /her abstention. N. Reconsideration A motion to reconsider action taken by the Council may be made only on the day the action was taken. It may be made either immediately during the same session or at a recessed or adjourned session. The motion may be made only by one of the Council members who voted with the prevailing side. This does not prevent a Council member from making or remaking the same or any other motion at a subsequent meeting of the Council. v. Serial Meetings Serial meetings are meetings that at any one time involve only a portion of a legislative body, but eventually involve a quorum. Serial meetings yield a process which deprives the public the opportunity for a meaningful contribution to the decision- making process. Serial meetings may be a chain, in which member A contacts member B, B then contacts C, C contacts D and so on, until a quorum is involved. An elected official has the right to confer with a colleague about public business. But if and when a "collective concurrence as to action to be taken" is reached, the Brown Act is violated. Council members are encouraged to consider the possibility of serial meetings when engaging in discussion with their colleagues on a matter within the subject jurisdiction of the City. P. Teleconferencing If a Council member is unable to attend a Council meeting and wishes to participate in that meeting by teleconference, the Council member will submit to the Council for approval in advance of the meeting a request to participate by teleconference. Any Council member who participates by teleconference will take all necessary steps to comply with the provisions of the Brown Act related to teleconferencing. IV. PUBLIC HEARINGS A. General Procedure The Council procedure for the conduct of public hearings is generally as follows: 1. Staff presents its report. 2. Council members may ask questions of staff if they so desire. 3. The Mayor opens the public hearing. 4. The applicant or appellant then has the opportunity to present comments, testimony, or arguments. In the case of an appeal when the appellant is different from the applicant, the appellant should be called up first to provide comments or testimony. 5. Members of the public are provided with the opportunity to present their comments, testimony or argument. City Council Protocols Draft: 101812008 2:41 PM Page 10 of 22 6. The applicant or appellant is given an opportunity for rebuttal or concluding comments. In the case of an appeal when the appellant is different from the applicant, the appellant is given the opportunity for closing comments. 7. The public hearing is closed. 8. The Council deliberates on the issue. 9. If the Council raises new issues through deliberation and seeks to take additional public testimony (questions of the public, applicant or appellant), the Public Hearing must be reopened. At the conclusion of the public testimony, the Public Hearing is again closed. 10. The Council deliberates and takes action. 11. The Mayor announces the final decision of the Council. B. Time for Consideration Matters noticed to be heard by the Council will commence at the time specified in the notice of hearing, or as soon thereafter as is reasonably possible, and will continue until the matter has been completed or until other disposition of the matter has been made. C. Continuance of Hearings Any hearing being held or noticed or ordered to be held by the Council at any meeting of the Council may, by order or notice or continuance, be continued or re- continued to any subsequent meeting. D. Public Discussion at Hearings When a matter for public hearing comes before the Council, the Mayor will open the public hearing. Upon opening the public hearing and before any motion is adopted related to the merits of the issue to be heard, the Mayor will inquire if there are any persons present who desire to speak on the matter which is to be heard or to present evidence respecting the matter. 1. Public Member Request to Speak Any person desiring to speak or present evidence will make his /her presence known to the Mayor and upon being recognized by the Mayor, the person may speak or present evidence relevant to the matter being heard. A member of the public may only address the Council upon recognition by the Mayor. 2. Council Questions of Speakers Members of the Council who wish to ask questions of the speakers or each other during the public hearing portion may do so but only after first being recognized by the Mayor. Interaction with the speaker will be limited to a question or questions, rather than an ongoing dialogue. Council members should avoid raising questions as a method to extend the allocated time for a speaker. City Council Protocols Draft: 101812008 2:41 PM Page 11 of 22 3. Due Process The Mayor will conduct the meeting in such a manner as to afford due process. 4. Public Oral Presentations All Council rules pertaining to oral presentation by members of the public apply during public hearings. 5. Materials for Public Record All persons interested in the matter being heard by the Council will be entitled to submit written evidence or remarks, as well as other graphic evidence. All sUell evidence presented Led viii L) re ta.I U by the City Clerk as part of the Clerk's record of the hearing, unless otherwise directed. 6. Germane Comments No person will be permitted during the hearing to speak about matters or present evidence which is not germane to the matter being considered. A determination of relevance will be made by the Mayor, but may be appealed to the full Council. E. Communications and Petitions Written communications and petitions concerning the subject matter of the hearing will be noted, read aloud, or summarized by the Mayor. A reading in full will take place if requested by any member of the Council. F. Admissible Evidence Hearinas need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence may be considered if it is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs. V. ADDRESSING THE CITY COUNCIL A. Staff Presentations Staff presentations will be limited to 10 minutes. Longer staff presentations must be approved by the City Manager prior to the Council Meeting. B. Oral Presentations by Members of the Public Oral presentations by members of the public at City Council meetings shall be made in accordance with the following procedures: 1. Prior to the meeting, or during the meeting prior to a matter being reached, persons wishing to address the Council should fill out a speaker card and submit it to the City Clerk. City Council Protocols Draft: 101812008 2:41 PM Page 12 of 22 2. When called upon, the person should come to the podium, state his /her name and address for the record, and, if speaking for an organization or other group, identify the organization or group represented. 3. All remarks should be addressed to the Council as a whole, not to individual members thereof. 4. Questions, if any, should be directed to the presiding officer who will determine whether, or in what manner, an answer will be provided. C. Public Comments In compliance with Government Code Section 54954.3, Public Comments is that portion of City Council meetings set aside for members of the public to address the City Council on items within the subject matter jurisdiction of the City of Rohnert Park that are not otherwise scheduled as a regular agenda item on the City Council agenda. Any person wishing to address the City Council on an item that is scheduled on the City Council agenda will be encouraged to make comments during the discussion of that agenda item. Timing Public Comments are scheduled at the beginning of each Council meeting just prior to the Consent Calendar and at the end of each Council meeting just prior to adjournment, as specified on the City Council agenda. The first Public Comments period is limited to no more than thirty (30) minutes total for all speakers, with each speaker given no more than three (3) minutes. If there are more than ten (10) Public Comments speakers, the presiding officer, with the consent of the City Council, will be authorized to establish a different ,time limit for public comments and /or defer speakers to the Public Comments period just prior to adjournment in order to allow equal access for all those wishing to address the City Council. Speakers will be called in the order by which they submit speaker cards to the City Clerk. 2. Speaker Cards Persons wishing to speak during Public Comments should submit a speaker card in a timely fashion. 3. City Business Presentations under Public Comments are limited to items within the subject matter jurisdiction of the City and are limited to no more than three minutes. 4. Council Deliberations Prohibited In compliance with the Brown Act, the Council may not deliberate or vote on any matter raised during Public Comments. The Mayor, however, may request the City Manager to provide additional information on a matter of general interest to the full Council or the public at large. City Council Protocols Draft: 101812008 2:41 PM Page 13 of 22 5. Council Interaction with Public If a Council member believes that a material misstatement of fact has been made by a person during Public Comments, the Council member may ask the City Manager or City Attorney to correct or otherwise clarify the matter or the Council member may provide a direct response at that time. If an immediate response is not possible, correction or clarification will be provided at the next regular meeting of the Council. D. Agenda Item Oral Presentations Any member of the public wishing to address the Council orally on City business matters appearing on the Council agenda may do so when that item is taken up by the Council, or as otherwise specified by the Council or its presiding officer. 1. Time Limit Oral presentations may not exceed three minutes unless otherwise provided. 2. Project Applicant or Appellant The project applicant, appellant or other person or entity with a substantial direct property interest, or his /her representative will have a total of 15 minutes for his /her presentations. The initial comments or presentation will be limited to 10 minutes and the rebuttal or concluding comments will be limited to 5 minutes. All other persons wishing to speak on the matter will be limited to three minutes unless changed by City Council action. Speaker time limits are inclusive of oral and visual presentations and will constitute the cumulative three- minute time limit for each speaker for the meeting, The Mayor, with the concurrence of the City Council, may alter any of the enumerated time allocations based on the complexity of the item and the number of persons wishing to speak on the item. 3. Presentation Submitted in Writing Persons who anticipate oral presentations exceeding five minutes are encouraged to submit comments in writing at the earliest possible time for distribution to the Council and other interested parties. Comments should be submitted sufficiently in advance of the scheduled meeting date to insure distribution to the Council prior to the meeting. E. Power Point Presentations Members of the public may present a PowerPoint software presentation to the Council utilizing the City's audio /visual equipment. 1. All PowerPoint presentations must comply with applicable time limits for oral presentations and cumulative time limits. Presentations should be planned with flexibility to adjust to any changes in these time limits. City Council Protocols Draft: 101812008 2:41 PM Page 14 of'22 2. Each slide of the PowerPoint presentation must identify that this is the "Personal Comments of Private Citizen [first and last name]." 3. All Power Point presentations must be contained on a CD or flash drive already formatted in PowerPoint and submitted to the City Clerk no later than noon on the day of the Council meeting to allow for computer virus checks, compatibility with City equipment, and making photocopied handouts of the presentation. 4. Any electronic media submitted that is thought to contain computer viruses or is unable to be scanned for computer viruses by City equipment will not be permitted to be used. 5. If compatibility or computer viruses are at issue, a member of the public may provide a printed hard copy of the PowerPoint presentation to be scanned and projected onto the screen via the visual projector during their presentation. F. Comments in Writing Encouraged Members of the public may submit, and are encouraged to submit, comments in writing to the City Council relating to any items of City business, whether on the City Council agenda or otherwise. Such written comments will be distributed to members of the Council and considered and acted upon, or not acted upon, as the City Council in its judgment may deem appropriate. G. Comment Cards Comment cards may be used by members of the public who do not wish to or cannot verbally address the Council during a meeting. A person may indicate his /her comments and opposition or support for an agenda item on a comment card. During the public testimony of the item, the Mayor will indicate that the Council has received comment cards from (name of person) in support of the project or issue and comment cards from (name of person) in opposition of the project or issue. The minutes will reflect the Council's receipt of comment cards in opposition and support of the project or issue. H. Repetitious or Dilatory Comments Prohibited 1. A speaker will not present the same or substantially same items or arguments to the Council repeatedly or be repetitious or dilatory in presenting their oral comments. If a matter has been presented orally before the Council, whether the Council has taken action, or determined to take no action, the same or substantially same matter may not be presented orally by the same person any further. Nothing in the foregoing precludes submission of comments to the City Council in writing for such action or non - action as the Council, in its discretion, may deem appropriate. City Council Protocols Draft: 101812008 2:41 PM Page 15 of 22 2. In order to expedite matters and to avoid repetitious presentations, the designation of a spokesperson is encouraged. Whenever any group of persons wishes to address the Council on the same subject matter, those persons are encouraged to designate a spokesperson to address the City Council. With the consent of the City Council, the Mayor may extend the time allocation for a designated spokesperson. I. Waiver of Rules Any of the foregoing rules may be waived by majority vote of the Council members present when it is deemed that there is good cause to do so based upon the particular facts and circumstances involved. J. Non Exclusive Rules The rules set forth are not exclusive and do not limit the inherent power and general legal authority of the Council, or of its presiding officer, to govern the conduct of City Council meetings as may be considered appropriate from time to time or in particular circumstances for purposes of orderly and effective conduct of the affairs of the City. VI. POLICY DECISION - MAKING PROCESSES A. Council Member Appointments and Assignments The Mayor appoints and the City Council confirms Council member assignments to outside agencies, committees, taskforces and liaison roles. B. Mayor to Act as Council Ceremonial Representative The Mayor has been delegated the responsibility to act as the City Council's ceremonial representative at public events and functions. In the Mayor's absence, the Vice Mayor assumes this responsibility. In both the Mayor and Vice Mayor's absence, the Mayor will appoint another Council member to assume this responsibility. C. Honoring Residents and Other Worthy Persons It is the policy of the City Council to honor citizens who have contributed to the improvement or the welfare of the City. Recommendations may be made by citizens to an appropriate commission, board, or committee or directly to the City Council. The Council may request the advice of a commission, board or committee to determine merit or, if desirable, to hold a public hearing prior to a formal dedication. Recognition may also be given to individuals for their personal achievement or for enhancing the image of the City. The accolades could include awards, certificates, resolutions or proclamations. In addition, perpetual plaques or awards can be bestowed on individuals. If any commissioner, board member, committee member, Council member, or citizen requests an accolade, the following procedure should be followed: City Council Protocols Draft: 101812008 2:41 PM Page 16 of 22 I . Incoming requests for a proclamation or resolution to be presented at an event or Council Meeting are provided to the Mayor for approval. All requests are provided in writing two weeks prior to event /Council Meeting date and should include a draft proclamation or resolution. Once the Mayor approves the request, the proclamation or resolution is either scheduled at an upcoming Council meeting, presented at an event or is picked up /mailed. In the event that the Mayor is unable to attend an event, the Vice Mayor or a Council member will attend on behalf of the Council. 2. If a request for a proclamation or resolution is submitted with little verbiage, the requestor is contacted and advised that a certificate of recognition is more appropriate for the occasion. 3. If a request for a proclamation or resolution is submitted where the subject matter is questionable as to its appropriateness, the Mayor will forward the request to the full Council for a vote. 4. If a request for a perpetual plaque or award is submitted, the request will be directed to the appropriate commission, board or committee for consideration and recommendation to the Council. 5. If a request for dedication of a municipal building, room, or facility, is submitted, the request will be directed to the appropriate commission, board or committee for public hearing. If after the public hearing the commission, board or committee recommends dedication to the Council, the Council will hold a public hearing prior to taking action on the dedication request. D. Council Member Participation in Community Activities From time to time, Council members may choose to participate in community activities, committees, events, and task forces. When a Council member participates in these types of activities, the Council member is acting as an interested party rather than acting on behalf of the City Council. Acting or participating on behalf of the City Council is limited to those instances when the Council has formally designated the Council member as its representative for the matter. E. Study/Work Session The Council may meet in a study /work session at such times or at such places as may be determined by the Council for the purpose of hearing reports from the staff and reviewing, discussing and debating matters of interest to the City. These sessions will be noticed as provided by law and open to the public and the press. No official action may be taken at a study session. However, an informal vote on any matter under discussion may be taken. During study /work sessions, Council members may ask questions of staff. For those questions that staff cannot City Council Protocols Draft: 101812008 2:41 PM Page 17 of 22 immediately answer, responses will be provided for the Council in writing or at a future Council meeting. VII. COUNCIL COMMITTEES A. Purpose The City Council from time to time forms committees. These committees are formed to study, investigate, and make recommendations to the full Council regarding specific topics. In sonic instances there are standing committees and in other instances there are ad hoc committees. In order for the committees to serve effectively, it is necessary to establish certain policies for the conduct of City business by committees. B. Appointment Council committees and subcommittees will be appointed by the Mayor. Committee members will be promptly notified of their selection and the scope of the committee assignment. The Mayor will designate the term of the committee and identify whether it is a standing appointment (on- going) or a short -term (ad hoc) assignment. C. Conflict of Interest Should an appointee to a committee or subcommittee discover a conflict of interest with their appointment to the committee, that discovery will be communicated to the Mayor immediately. D. Committee Meetings Council committee meetings will be scheduled at times which allow for each member to attend. Each member should make an effort to accommodate the committee meeting schedule. The schedule of committee meetings will be promptly communicated to each committee member. Individual committee members will not meet with other citizens or organizations during a fact finding process or other reason associated with the scope of the committee's purpose without the knowledge of all committee members. E. Communications Committee members are obligated to keep all members well informed, and will not purposely harbor or keep relevant information from other members. F. Committee Materials Meeting agendas will be compiled by staff with input from each committee member. Committee materials will be provided to each committee member. These materials will be distributed to each committee member at the same time. Special arrangements may be made with committee members who are out of town when materials are distributed. City Council Protocols Draft: 101812008 2:41 PM Page 18 of 22 G. Committee Recommendations Generally, committee members should reach agreement on findings and recommendations to present to the City Council. When the opinions of committee members are divergent, each member may submit his /her findings and recommendations separately to the City Council. Although written minutes of each committee meeting are not required, committee findings and recommendations should be presented to the City Council in a written document. H. Staffing Council members assigned to committees will observe the City Council Protocols regarding staff assignment of duties. Only the City Manager will assign staff to committees for the purposes of administrative services, to attend committee meetings, and to assist with committee presentations to the City Council. VIII. COUNCIL MEMBER ADMINISTRATIVE SUPPORT A. Mail All City Council mail is date stamped and placed in each Council member's individual mailbox. 1. Correspondence Addressed to Mayor and /or City Council All correspondence addressed to the Mayor and /or entire City Council requiring a response from staff are copied to all Council members with a note as to which staff person will be preparing a response for the Mayor's .signature. A copy of the response mailed, along with the original letter will be provided to each Council member. Correspondence addressed to the Mayor and /or entire City Council that does not require a response, but provides information on Council agenda items or like matters will be copied to the full Council. Cards and other mail addressed to the Mayor marked "personal" and /or "confidential" will not be opened. 2. Letters Addressed to Individual Council Members All correspondence addressed to individual Council members will not be opened, unless three or more Council members receive individually- addressed letters on the same date from the same source. The envelopes will be date stamped and placed in individual Council member's mailboxes. If a Council member is requesting a response to be prepared by staff, the letter is copied to all members of the Council with a note as to which staff person will be preparing a response for the addressee's signature. A copy of the response mailed, along with the original letter will be provided to each Council member. Cards and other Council member mail marked "personal" and /or "confidential" will not be opened. City Council Protocols Draft: 101812008 2:41 PA4 Page 19 of 22 3. Retention of Council Mail Any correspondence received by the Mayor and /or individual Council members relating to the conduct of the City's business is a public record as defined in Government Code section 6252 and will be retained by the City in accordance with its retention schedule. B. Council Correspondence All Council member correspondence written with City resources (letterhead, typing, staff support, postage, etc.) will reflect the position of the full Council, not an individual Council member's position. All Council member correspondence using City resources will be copied to the full Council. For example, responses to citizen letters will be copied to the full Council along with the original citizen correspondence. 1. Personal Correspondence Upon request, City Council members will be provided individual stationery and envelopes for use in communications reflecting their personal positions, not the position of the full Council. These communications will be prepared and sent at the expense of individual Council members. Council members may utilize the City's outgoing mail service; however, postage will be at the Council member's expense. C. Clerical Support The City Manager's Office will coordinate the typing of correspondence requested by individual Council members. All correspondence typed for Council members will be on City letterhead and will reflect the position of the full Council, not individual Council members, and will be copied to the full Council. D. Master Calendar A master calendar of Council events, functions or meetings will be provided to the full Council. Functions, events or meetings to be attended by individual Council members will only be included on the master calendar at the request of individual Council members. E. Requests for Research or Information Council members may request information or research from staff on a given topic directly when it is anticipated that the request can be completed by staff in less than an hour. Council member requests for research or information that are anticipated to take staff more than one hour to complete should be directed to the City Manager. Requests for new information or policy direction will be brought to the full Council at a regular meeting for consideration. All written products will be copied to the full Council. City Council Protocols Draft: 101812008 2:41 PM Page 20 of 22 F. Council Notification of Significant Incidents To ensure the City Council is aware of significant public safety incidents, the following incidents will be briefed to the City Council by the City Manager or the Director of Public Safety: 1. Major injury or death of a City employee, an employee's immediate family member, or a prisoner in custody by the Department of Public Safety 2. Officer - involved shooting 3. Traffic collision involving a City vehicle resulting in a serious injury requiring hospitalization 4. Hostage or barricaded subject 5. Riot or other major disturbance (e.g., violent protest) 6. City participation in disaster response to other jurisdictions (e.g., strike teams sent to the San Diego fires) 7. Homicide or any unusual event leading to death 8. Major fire resulting in the loss of a structure 9. Assault where the victim may expire 10. Robbery with serious injury 11. Major sex crime with bodily injury 12. Kidnapping 13. A substantial school - related incident 14. Felony arrest of any City employee, or political figure 15. Any event resulting in substantial media coverage (e.g., discovery of improperly stored bodies by funeral home) 16. Any Public Safety event involving an elected official, City Manager, department head that comes to the attention of the Department of Public Safety 17. Activation of the City's Emergency Operations Center Requirements in existing law (e.g., juvenile information, notification of immediate family members) or the need to protect crime victims may restrict the ability to provide information. This policy is not intended to circumvent legal limits to law enforcement restricted information. In cases where incidents not requiring Council action occur during the hours of 9:00 p.m. through 8:00 a.m., Council members will be contacted the next morning or shortly thereafter. G. Expense Reimbursement A written policy for the reimbursement of Council member expenses will be established by resolution of the City Council pursuant to Government Code section 53232, et seq. IX. COUNCIL VACANCY Whenever a vacancy occurs in the office of City Council member, the City Council will fill the vacancy by appointment or special election in accordance with the procedures set forth in Government Code section 36512. City Council Protocols Draft: 101812008 2:41 PM Page 21 of 22 X. FAILURE TO OBSERVE COUNCIL PROTOCOLS These protocols are adopted to expedite the transaction of the business of the Council in an orderly fashion and are procedural only and the failure to strictly observe such rules does not affect the jurisdiction of the Council or invalidate action taken at a meeting that is otherwise held in conformity with law. City Council Protocols Draft: 101812008 2:41 PM Page 22 of 22 DATE: May 27, 2008 MEMORANDUM Office of the City Manager ITEM NO. 11 Council: X Miscellaneous Communications Agenda: 5127108 X 5/21/08 -TG Copy to: TO: Honorable Mayor Mackenzie and Members of the City Council FROM: Stephen R. Donley, City Manager SUBJECT: CITY COUNCIL PROTOCOLS BACKGROUND: The City Council discussed protocols at the September 11 and 25, 2007 meetings. In addition, the Council held a protocol work session on January 22, 2008. This agenda item is a follow -up of those past meetings. DISCUSSION: The Rohnert Park Municipal Code, Chapter 2.08 establishes how the Council conducts its meetings. In addition to the Municipal Code, the Council has adopted nearly sixty resolutions describing not only how it will conduct its meetings, but many other subjects. In numerous cases, these resolutions deal with similar subjects creating the potential for conflict and confusion. The layers of nearly fifty years of individual policies have led to a complex set of policies. When taken as a whole, it is extremely difficult to describe the policies governing the City Council. Other cities have dealt with this situation by compiling Council policies in a single set of protocols. This approach clearly communicates the Council's policies and more easily facilitates future updates of policies. Attached to this report is a comparison of the City's current ordinance /policies compared to the City San Buenaventura's protocols. This provides the City Council a guide on how to develop its own set of protocols. During the work session, the City Council expressed a desire to consider the addition of the following measures to future protocols: 1. Changing the date of the Council meeting from Tuesday to Monday. This eliminates the conflict between School Board and Council meetings. 2. Develop rules for use of electronic devices during council meetings, such as cell phones, computers, etc. This would eliminate concerns regarding violation of open meeting laws. The Council may want to consider the use of electronic media to facilitate public comments by members unable to attend a meeting. 3. Reducing the requirement to place an item on the agenda from three votes to two VntP.S_ In addition to Council's concerns, staff suggests that the Council consider designating a single day for Council packet distribution. For example, packet distribution would occur on Thursday rather than Wednesday and Friday (day would be modified if the Council changes it meeting date). This would allow for a more efficient use of staff resources. Related to Council protocols are Council benefits. Staff has conducted a statewide survey of Council benefits and will be presenting options for the City Council to consider at the next regularly scheduled Council meeting. RECOMMENDATION: In order to develop protocols that reflect the entire Council's concerns, staff recommends that the Council review each item on the attached comparison sheet and provide direction to staff on each item. A final set of protocols will require changes to existing City Ordinances, which staff will prepare once direction is received. 2 OCT 1 0 2008 CITY OF Sonoma County Library ROHNERT PARR OHNERT PARK - COTATI REGIONAL LIBRARY ADVISORY BOARD AGENDA v /I- Tuesday, October 14, 2008 6:30 p.m. Armando Flores Meeting Room 6250 Lynne Conde Way, Rohnert Park, CA 94928 1. CONVENING 2. MINUTES OF THE MEETING OF July 15, 2007 3. PUBLIC APPEARANCES An opportunity for members of the public to address the Board. 4. ELECTION OF OFFICERS 5. SELF -CHECK & REMODELING PLANS 6. Commissioner's Report An opportunity for the Commissioner to share information. Council: _ Miscellaneous Communications L A renda opy to: o 3 to: 7. LIBRARY DIRECTOR'S REPORT 7.1. Plans for RFID Tagging & Self -Check at the Rohnert Park - Cotati Library 7.2. Other management activities 6. BRANCH MANAGER'S REPORT An opportunity for the Branch Manager to share information. 6.1 RFID preparation 6.2 Programs 6.3 Rohnert Park - Cotati Public Library Foundation 7. CITY LIAISONS' REPORT An opportunity for the city liaisons to share information. 8. FRIENDS' OF THE LIBRARY REPORT An opportunity for the Friends to share information. 8.1 Book sale and bookstore Report (of , 110/or 0. AD V/IVVR I BvARD 11YrinJRIVIA 1 IVIV 1 1 CIVIJ An opportunity for members of the Advisory Board to present brief, factual information, respond to public comments, place items on the next agenda, or to request information from the Library . Director or the Branch Manager. 10. ADJOURNMENT Council: X Miscellaneous Communications Agenda:10114108 X 1018108 -TG Copy to: Thursday, September 25, 2008 REGULAR MEETING SONOMA COUNTYA GRICUL TURAL PRESER VA TIONAND OPEN SPACE DISTRICT AD VISOR Y COMMITTEE Meeting begins at 5.30 p.m. MEMBERS PLEASE CALL IF UNABLE TO ATTEND AGENDA 1. Public Comment - Comments on items not listed on the agenda (Tune is limited to 3 minutes per person /item) 2. Announcements from Advisory Committee Members 3. Annroval of Minutes [Attachment "A "] 4. General Manager's Report 5. Draft District Strategic Plan [Attachment "B "] Presented by District Staff 6. Other Projects in Negotiation [Attachment "C "] 7. Adjournment / Future Meetings • Next scheduled meeting: October 23, 2008 • Confirm November, December meeting dates INFORMATIONAL ACTION INFORMATIONAL I NFO R MA T IO NA L I D I S C US SIO N INFORMATIONAL DISABLED ACCOMMODATION: If you have a disability which requires the agenda materials to be in an alternative format or requires an interpreter or other person to assist you while attending this meeting, please contact Janet Christensen at (707) 565 -7363, at least 72 hours prior to the meeting to ensure arrangements for accommodation. Council: X _ Miscellaneous Communications Agenda:10114108 X 1018 /08 -TG Copy to: MAYORS' AND COUNCILMEMBERS' ASSOCIATION OF SONOMA COUNTY LEGISLATIVE COMMITTEE Friday, October 3, 2008 9:30 AM Maple Room Finley Community Center Santa Rosa AGENDA 1. Budget Review (Attachment A) 2. Legislative Review (Background materials to be provided at meeting) & • A642 (Wolk) • AB =844 (Berryhill) • SB 375 (Steinberg) 3. Initiative Update (Attachment B) 4. Around the Table Updates and Reports 5. Other matters for consideration Next Regular Meeting Friday, Novemb�i7885 LEAGUE OF CALIFORNIA CITIES Amy O'Gorman, Public Affairs Manager North Bay and Redwood Empire Divisions P.O. Box 623, Sonoma, CA 95476 Phone: 707.291.3270 Fax: 707.939.8703 www.cacities.org MEMORANDUM To: Members, Sonoma County Legislative Committee From: Amy O'Gorman Re: Summary of Governor's Actions on League of California Cities Hot Bills Date: October 1, 2008 With the state budget finally in place, the Governor turned his attention to legislative matters. The Governor completed taking actions on bills on September 30. Citing the budget impasse, the Governor rejected nearly 35 percent of bills that reached his desk in 2008, shattering the previous record of just under 25 percent held by former Governor Gray Davis. The Governor explained the delay in passing the 2008 -09 state budget forced him to prioritize the bills sent to his desk. That said, more than 150 pieces of legislation received a veto message stating that the bill was not among the highest priorities for California. Legislation receiving this message are indicated with an asterisk ( *) below. It is expected that many of these bills will be reintroduced next year. In total, the Governor signed 772 bills, and vetoed 415 bills. Further information on bills can be found on the Leagues website at www.cacities.org /billsearch. Below is a list of priority bills that the League was following: Employee Relations AB 2754 (Bass) Request: Veto Result: Signed — Chapter 684, Statutes of 2008 Provides a rebuttable presumption under the workers' compensation system for public safety employees who claim a methicillin- resistant Staphylococcus aureus (MRSA/staph)- related injury. AB 2918 (Lieber) Request: Veto Result: Vetoed Prohibits the use of a consumer credit report for employment purposes, with some exceptions. AB 3063 (Committee on Labor & Employment) Request: Veto Result: Vetoed Prohibits employers from requesting that an applicant disclose information or use for employment related decisions information concerning a criminal conviction that was expunged or judicially ordered sealed. SB 1115 (Midgen) Request: Veto Result: Vetoed Weakens the apportionment statute (defining the portion of injury related to the workplace, as opposed to pre- existing conditions) implemented by SB 899 (Poochigian; 2004), the landmark legislation that implemented much needed workers' compensation reforms, and allow the courts to overrule apportionment even when based on findings of actual previous disability. SB 1296 (Corbett) Request: Veto Result: Signed — Chapter 712, Statutes of 2008 Provides superior courts exclusive jurisdiction over actions involving interest arbitration where the action involves representatives of firefighters. Environmental Quality AB 31 (De Leon) Request: Sign Result: Signed — Chapter 623, Statutes of 2008 Requires the California Department of Parks and Recreation (DPR) to establish a local assistance program to distribute grants to the most park needy communities across the state, with funding derived from the $400 million that was designated for this purpose in Proposition 84. AB 2270 (Laird) Request: Sign Result: Vetoed Allows cities and water agencies to restrict usage of specific types of water softeners only if the State Water Resources Control Board or the regional water quality control board made a finding that control of residential salinity will contribute to the achievement of water quality objectives in the region. AB 2347 (Ruskin) Request: Sign Result: Signed — Chapter 572, Statutes of 2008 Requires a manufacturer that owns or owned a name brand of mercury-added thermostats sold in this state before January 1, 2006, to establish and maintain a collection and recycling program for out -of- service mercury-added thermostats. AB 2939 (Hancock) Request: Sign Result: Vetoed Allows those local governments who wish to enact stronger green building standards to do so without the existing restrictions of climatic, geological or topographical conditions. SB 1016 (Wiggins) Request: Sign Result: Signed — Chapter 343, Statutes of 2008. Re- calculates the way solid waste diversion efforts are imposed upon local governments, and also revises the timelines that local jurisdictions must adhere to when reporting to the Integrated Waste Management Board. SB 1357 (Padilla) Request: Sign Result: Signed — Chapter 697, Statutes of 2008 Authorizes the Department of Conservation to expend up to $20 million from July 1, 2009, to January 1, 2012, for recycling and litter reduction grants and programs, and requires a grant recipient to submit a report to the department and would require the department to publish an evaluation of grants made pursuant to these provisions, including a summary of those reports. SB 1548 (Florez) Request: Sign Result: Signed — Chapter 622, Statutes of 2008 Creates a local city selection committee (Existing law requires five members to be appointed by cities within the territory of the district, based on region and population) within the San Joaquin Valley Unified Air Pollution Control District Board of Directors. Public Utilities: Energy AB 2466 (Laird) Request: Sign Result: Signed — Chapter 540, Statutes of 2008 Establishes the Renewable Energy Self- Generation Program to allow a city, county, city and county, special district, school district, or other public agency to benefit from the excess electricity produced at the local entity's facility. The bill authorizes a local governmental entity to receive a credit on the bill of a benefiting account, equal to the amount of the electricity it exported to the electrical grid and from an eligible renewable generating facility. SB 980 (Padilla) Request: Veto Result: Vetoed Requires the California Energy Commission to evaluate the adequacy of the electric distribution system of local publicly owned electric utilities as a part of their 2009 Integrated Policy Report. Land Use / Housin AB 749 (Wolk) Request: Sign Result: Signed — Chapter 477, Statutes of 2008 Requires, as of March 1, 2009; residential care facilities for the elderly to have an emergency plan that includes specified provisions and is available, upon request, to both residents onsite as well as to local emergency responders. AB 842 (Jones) Request: Veto Result: Vetoed. Requires the Department of Housing and Community Development to rank applicants for the award of capital improvement project grants based upon a reduction of vehicle miles traveled as a result of a qualifying infill project, as specified. AB 2000 (Mendoza) Request: Sign Result: Vetoed Provides additional flexibility to a local government in the regional housing need assessment (RHNA) process, by allowing a local government that exceeds its regional housing need during a planning period to count the excess units toward meeting its share in the next planning period. AB 2280 (Saldana) Request: Sign Result: Signed —Chapter 454, Statutes of 2008 Makes several technical fixes to the Density Bonus Law and addresses an absurd interpretation of the law relating to the bonus awarded to affordable senior projects within larger scale developments. AB 2494 (Caballero) Request: Sign Result: Signed — Chapter 649, Statutes of 2008 Establishes the Housing - Related Parks Program to govern the allocation of $200 million under the administration of HCD. Requires the department to use funds allocated from the account, to provide grants for the creation, development, or rehabilitation of park and recreation facilities, to cities and counties that meet certain criteria, including adoption of a HCD approved housing element, and issue housing starts, for newly constructed units that are affordable to very low or low- income households. SB 375 (Steinberg) Request: Sign Result: Signed — Chapter 728, Statutes of 2008 Aligns transportation, housing, and greenhouse gas (GHG) emissions regional planning processes, provides incentives through CEQA streamlining for infill projects, and provides additional certainty for local governments that engage in planning processes that will result in reductions in GHG emissions. SB 992 (Wiggins) Request: Sign Result: Vetoed Requires the Department of Alcohol and Drug Programs (ADP) to administer the licensure and regulation of adult recovery maintenance facilities, and requires the department to adopt emergency regulations, implement the fee process for initial licensure, the provisions for the extension of licensure, follow up compliance visits, and civil penalties. 3 Public Safety . AB 38 (Nava) Request: Sign Result: Signed - Chapter 372, Statutes of 2008 Consolidates the roles and responsibilities of the Governor's Office of Emergency Services and Office of Homeland Security into a new state agency, the California Emergency Management Agency, for a more efficient state -wide disaster preparedness and response system. AB 759 (Karnette) Request: Sign Result: Vetoed Requires local fire enforcing agencies to inspect elderly care facilities with six or fewer residents, applying standards established by the State Fire Marshal and Department of Social Services, to ensure the fire safety of the facility. This bill also permits the fire enforcing agencies to collect reasonable fees from the facility owner to cover the expense of inspections. AB 844 (Berryhlll) Request: Sign Result: Signed — Chapter 731, Statutes of 2008 Creates additional requirements on scrap metal recyclers and traders to prevent scrap metal thefts by requiring identification of those presenting scrap metal to the recycler and a three -day delay in payment to those individuals. This bill also allows local government to enact stronger ordinances to prevent scrap metal thefts if local public safety needs warrant greater regulation. Note: Supported by the Mayors and Councilmembers' Association of Sonoma County AB 1724 (Jones) Request: Sign Result: Vetoed* Permits local government agencies to enact and enforce vehicle impoundment ordinances for nuisance vehicles repeatedly involved with illegal dumping activity. AB 1751 (Fuentes) Request: Sign Result: Vetoed* Permits local government agencies to enact and enforce vehicle impoundment ordinances for nuisance vehicles repeatedly involved with prostitution - related activity. AB 1859 (Adams) Request: Sign Result: Signed — Chapter 659, Statutes of 2008 Creates an additional $3,000 penalty for stolen scrap metal sales or purchase charges that involve fire hydrant and fire department connection parts. AB 2151 (Jones) Request: Sign Result: Vetoed Authorizes the Alcoholic Beverage Control Department to deny the transfer or issuance of a liquor retail license if it would contribute to blight, based on the findings of the local government agency. AB 2151 also authorizes a local redevelopment agency to deny the issuance or transfer of a liquor retail license within the redevelopment agency. AB 2262 (Torrico) Request: Sign Result: Vetoed Expands the "Safe- Surrender" program to allow children seven -days old or younger to be surrendered to a safe - surrender site as designated, which may include fire departments upon approval by the local fire agency or governing body. SB 1519 (Yee) Request: Sign Result: Signed — Chapter 721, Statutes of 2008 Authorizes a local government agency to request the disconnection of telephone service provided to unlicensed taxi cab operations and permits telephone service providers to disconnect or deny the issuance of telephone service if local enforcement efforts have not prevented or stopped the unlawful taxi cab operations. 0 Revenue and Taxation AB 697 (Hancock) Request: Sign Result: Vetoed* Prohibits a city and /or county, including a chartered city or county, on or after October 1, 2008, from entering into any form of agreement that results, directly or indirectly, in the payment, transfer, diversion or rebate of any amount of Bradley -Burns local sales and use tax proceeds to any person for any purpose when both of the following apply: (1) the agreement results in a reduction in the amount of Bradley -Burns tax proceeds received by another local agency from a retailer within the territorial jurisdiction of that other local agency; and (2) the retailer continues to maintain a physical presence within the territorial jurisdiction of that other, local agency. AB 1221 (Ma) Request: Sign Result: Vetoed* Expands the toolbox of available options for financing infrastructure associated with transit village development by ensuring that these facilities may be financed through the use of existing Infrastructure Financing District Law. This bill also expands the size of a transit village development district from 1/4 to 1/2 mile, and requires that at least 20 percent of all tax increments under the plan be used for affordable housing development. AB 1451 (Leno) Request: Sign Result: Signed — Chapter 538, Statutes of 2008 Extends the sunset date with respect to the existing property tax exclusion from reassessment provided to the construction or addition of active solar energy systems from the 2008 -09 fiscal year, to the 2015 -16 fiscal year. In addition, this bill allows this exclusion to be transferred to the initial occupant of a new building, if the builder installed the solar energy system during the original construction. SIB 301 (Romero) Request: Sign Result: Signed — Chapter 375, Statutes of 2008 Extends existing statute that provides additional financial assistance through the Vehicle License Fees (VLF) allocated to cities for both future incorporations and annexations by cities of inhabited territory. SB 1064 (Hollingsworth) Request: Sign Result: Signed — Chapter 386, Statutes of 2008 Provides income and property tax relief to individuals, businesses, and local governments that suffered losses as a result of five separate disasters during 2007 and 2008. Transportation /Public Works AB 642 (Wolk) Request: Sign Result: Signed — Chapter 314, Statutes of 2008 Allows cities to use design -build contracting for building construction projects as well as wastewater facilities, solid waste management facilities, or water recycling facilities for more efficient, cost - effective public works projects. Note: Supported by the Mayors and Councilmembers' Association of Sonoma County AB 983 (Ma) Request: Veto Result: Vetoed Requires cities to provide full, complete, and accurate plans, including cost estimates on all public works projects, which would reduce incentives for contractors to report errors in plans during bidding because additional expenses could be recouped through change -order claims against the public agency. AB 2295 (Arambula) Request: Sign Result: Vetoed Includes local street and road rehabilitation oroiects on the list of eliaible types of projects that may receive State Transportation Improvement Funds. v Miscellaneous AB 2537 (Furutani) Request: Sign Result: Signed — Chapter 678, Statutes of 2008 Helps to ensure that city public works projects can be completed with volunteers by continuing provision's that establish volunteers do not have to be paid prevailing wages for their work, as it is being done on voluntary basis. AB 2427 (Eng) Request: Veto Result: Vetoed* Prohibits a city or county from incidentally regulating a local healing arts business that is licensed or certified by the State Department of Consumer Affairs. AB 2610 (Davis) Request: Veto Result: Vetoed* Unnecessarily mandates local governments that want to address unattended collection boxes in their community and must follow a new permit program outlined in the bill. SIB 1124 (Local Government Committee) Request: Sign Result: Signed — Chapter 709, Statutes of 2008 Enacts the Local Government Omnibus Act of 2008 and proposes various technical, but important, changes to the law affecting local agencies' powers and duties. 31 LEAGUE. OF CALIFORNIA. CITIES Amy O'Gorman, Public Affairs Manager North Bay and Redwood Empire Divisions P.O. Box 623, Sonoma, CA 95476 Phone: 707.291.3270 Fax: 707.939.8703 www.cacities.org MEMORANDUM To: Members, Sonoma County Legislative Committee From: Amy O'Gorman Re: State Budget Summary Date: October 1, 2008 Governor Arnold Schwarzenegger signed a $103.4 billion general -fund spending plan on September 23, 2008, officially ending the state's longest -ever budget delay at 85 days and closing the $15.2 billion shortfall City officials can breathe a sigh of relief — the budget does not include borrowing of local government (Proposition 1A) or transportation (Prop. 42) revenues. It does, however, include a one -year, $350 million seizure of redevelopment funds. Funding Areas of Specific Interest to Cities The final budget includes funding allocations for the following programs of importance to California cities. Local Government Financing No Borrowing. The budget does not borrow from Prop. 1A (property tax) or Prop. 42 (sales tax on gas) funds. Redevelopment Agencies. The budget includes a one -year, one -time, ERAF shift of $350 million from redevelopment agencies (included in AB 1389, trailer bill). These funds will not be repaid. Redevelopment agencies must pay their shares of the $350 million prior to May 10, 2009. Borrowing from redevelopment housing funds is permitted under restricted circumstances. Legislative bodies are allowed to loan redevelopment agencies funds to make the payment based upon terms established by the legislative body and agency. Estimated impacts to redevelopment agencies can be found at http• / /www calredevelop org /AM/Template cfm? Section= Home &TEMPLATE= /CM /CohtentDisplay .cfm &CONTENTID =4665 State Mandates Reimbursement. The budget defers $75 million in state mandate repayments. Cities receive about 30 percent of mandate repayments. Public Safety COPS /Juvenile Justice Grants. The Citizen Option for Public Safety (COPS) /Juvenile Justice Crime Prevention Act Program is funded at $214.2 million, or $107.1 million for each program. The budget act specifies that these payments will be made to local governments in four equal payments in September, December, March and June rather than in a lump sum. Details on each city's allocation is available at www. californiacityfinance .com /COPSM8MCest.pdf. Booking Fees. The budget includes an appropriation of $31.5 million for county sheriffs for Local Deteiitivil Facii ies.(GVV Code 29552). Tllis is 1V pe,ce,,t lowr', Mall FI 22-0007-09% levels. h'urrenl law stipulates that in any year that the budget appropriation is less than $35 million, counties may impose booking fees on cities in proportion to the amount under appropriation. In this case, it would be up to 10 percent of the rate in effect on June 30, 2006, adjusted annually by the annual California Consumer Price Index plus 1 percent compounded annually. For more information, see hLtp: // www. californiaci !yfmance.com /BkgFeesO9O9l9.pdf Things That Did Not Happen: ➢ Corrections Reforms. The Corrections Trailer Bill (AB 841) was not taken up and thus not passed. Consequently, the parole reforms and sentencing changes discussed earlier this year will not be carried out. ➢ Health Care Receiver. The budget package did not include funding for the federal healthcare receiver's demands to provide up to $8 billion over the next five years to bring the state's health and mental health system in California's 33 prisons up to a constitutional level of care. ➢ No Emergency Response Initiative Surcharge. The final budget deal did not include the insurance surcharge for the Emergency Response Initiative (ERI) (formerly known as the Wildland Firefighting Initiative). Through this program, the emergency response capabilities of the California Department of Forestry and Fire Protection (CAL FIRE), the Office of Emergency Services (OES) and the Military Department would have been increased. ERI funds are partially backfilled by increased General Fund spending. ➢ No Department of Justice (DOJ) Forensic Laboratory Fees. The previous budget proposal for the Department of Justice to charge local agencies a fee -for- service for forensic laboratory tests was eliminated. Transportation Prop. 42. The budget fully funds Proposition 42 at a level of approximately $1.4 billion for investment in state highway improvements, local streets and roads maintenance, and transit. A city -by -city breakdown of allocations is posted online at www.califomiaciiyfinance.com/Prop42alloc.pd f. Highway User Tax Account. This funding source is not wedded to the state budget process. Payments from April through September were delayed when the Governor declared a mid -year cash flow crisis in February. Reimbursements were scheduled to be released from the State Controller on September 30. Prop.1 B Local Streets and Roads Account. Budget trailer language contained in AB 88 includes a $187 million appropriation for cities from the Prop. 1 B Local Streets and Roads (LSR) account for FY 2008 -09. (Counties have a separate allocation:) This appropriation will be available on a first come, first served basis to cities that have already received their full allocation in FY 2007 -08. Cities must meet the following criteria to be eligible for funding: 1. Received full allocation for FY 2007 -08; 2. Submitted Prop 1 B LSR Annual Report to Department of Finance for FY 2007 -08; 3. Agree to use the funds only for projects that do not currently have dedicated funding; 4. Funds must be committed to projects before July 1, 2009: and 5. Must certify that the unencumbered balance of their road fund is no more than three months of anticipated Highway User Tax Account (HUTA) and Prop. 42 income. If the 2 x unencumbered balance exceeds this amount, the city must agreed to decrease the unencumbered balance be either of the following: a. An amount equivalent to the allocation received in FY 2008 -09, or b. Until the unencumbered balance is no more than three months of anticipated HUTA and Prop. 42 income. Note: For the purpose of this item, "unencumbered" means any portion of funding that is not designated, through prior approval by the city council, for use on the planning, review, design, or construction phase of a project currently underway at the time of the road fund report. Prop. 1 B State -Local Partnership Program. The Legislature also included implementing language for the Prop. 1 B State -Local Partnership Program in AB 268 (Transportation Trailer Bill). The program requires a dollar- for - dollar match to access funds and creates two separate sub - accounts. Ninety -five percent of the funds will be available by matching funds from voter - approved fees or taxes solely dedicated to transportation purposes, and 5 percent will be available by matching funds from uniform developer fees through a competitive grant program. The California Transportation Commission (CTC) will develop further guidelines. The budget appropriates approximately $200 million in FY 2008 -09. Public Transit. The budget funds public transit at varying levels through several methods: • Provides $406 million for State Transit Assistance (STA) account, but the Governor is expected to blue - pencil the STA amount to $306 million as he proposed in his May revise and reiterated in his August compromise budget to fund the.home- to- school programs. (Blue penciling is when the Governor eliminates items from the passed budget.); • Allocates $60 million as a loan from the Traffic Congestion Relief Fund to keep the Public Transportation Account solvent; • Does not provide any funding for transit capital projects in the State Transportation Improvement Program; • Appropriates $350 million for the Public Transportation Modernization, Improvement, and Service Enhancement Account; and • Allows FY 2007 -08 State Transit Assistant disbursements for the third and fourth quarters to be made by the Controller. Indian Gaming Special Distribution Fund. As part of the budget package, the Legislature approved AB 158 (Torrico). This bill appropriates $30 million from the Indian Gaming Special Distribution Fund (SDF) in FY 2008 -09 to provide grants to local government agencies for the mitigation of casino impacts. It would also implement the following programmatic changes: • Modifies the composition of an Indian Gaming Local Community Benefit Committee (LCBC) if only one city is located within four miles of a tribal casino to state that only one city elected official will serve on the LCBC; • Grants can be used only to mitigate impacts from casinos. If grants are used for any other purpose, the funds will revert back to the SDF; and • Extends the sunset date of the SDF programs to January 1, 2010. Housing Prop. 1 C Allocations. The budget allocates Prop. 1 C funding for FY 2008 -09. This funding includes: • $200 million for Regional Planning Housing and Infill Incentive Account; • $95.5 million for the Affordable Housing Innovation Fund; and • $95 million for Transit- Oriented Development Implementation Fund. 3 The final budget does not contain the $30 million for Urban, Suburban, and Rural Parks grants included in previous versions of the budget. There is legislation pending with the Governor that would appropriate funds to form the guidelines for the grant program, but the earliest that qrants will be available is 2010. Resources and Environment State Fire Marshall Building Code inspections. Assembly Bill 338 (Resources Trailer Bill) requires the State Fire Marshal to charge local agencies and private entities for fire and life safety building code inspections and related fire and life safety activities rendered by the State Fire Marshal. The State Fire Marshal would be required to charge local government and private entities for the amount sufficient to recover the costs of the services provided. Truck Fleet Retrofits. The California Air Resources Board (ARB), under the approved budget plan, transfers funds from its Air Quality Improvement Fund to finance low or zero - interest loans and loan guarantees to assist truck retrofits proposed by ARB. Funds will be available to owners and operators of on -road heavy -duty diesel - fueled motor vehicles for costs associated with early compliance with ARB air regulations. Props. 84 and 1 E. The budget makes several minor adjustments related to specific projects funded by Props. 84 and 1 E. Governor's_Lottery and Budget Reform Proaosals Lottery Securitization. The budget includes a lottery securitization proposal that is expected to generate $5 billion in debt relief for FY 2009 -10 and likely more in the following year. Proceeds will be used for budgetary borrowing, bonded indebtedness, and payments to the Budget Stabilization Fund (BSF). It also includes provisions to protect education from any decrease in funds. Budget Reform.* Reform measures are based on recommendations from the Legislative Analyst's Office and include: • Changing the name of the Budget Stabilization Account to Budget Stabilization Fund and increasing the size of the BSF from 5 percent to 12.5 percent of General Fund Revenues; • New restrictions on transfers out of the BSF; • Capturing and depositing into the BSF any "April Surprise" (revenues over 5 percent of projections) not needed to fulfill Prop. 98 (education) requirements; • Allows the Governor and Director of the Department of Finance to make mid -year reductions of General Fund expenditures if 1) General Fund total available resources for the fiscal year will decline substantially below the estimate of total General Fund resources assumed in the Budget Act; or, 2) General Fund expenditures will increase substantially above the estimate of General Fund resources available; • Allows the Governor and Director of the Department of Finance to suspend Cost of Living Adjustments (COLA) for up to 120 days, or until the Legislature sends to the Governor legislation to address a fiscal emergency if one is declared. *This proposal requires voter approval, and a special election in 2009 is expected. State Revenues The following provisions were included in the approved budget plan: • No income tax increases for upper income levels or dependent credit reductions. • No increases in corporate tax rates. However, penalties for corporations who are consistently delinquent on taxes will double from 10 percent to 20 percent. • An estimated $2.3 billion from accelerating tax payments for corporations and individuals who make quarterly tax payments. 0 • The Governor's accrual accounting change, for about $1.9 billion in revenue. • Expansion of the Net Operating Loss suspension proposal by also limiting various incentive credits for two years, for increased revenues of about $900 million. • Closes the yacht tax loophole by reinstating the 12 month use tax presumption for yachts and aircrafts purchased out of state and brought into California. During FY 2008 -09, this is estimated to generate $17 million for the state and $11.8 million for local governments. • Authorization for loans and transfers of $855 million from various special funds to the General Fund. FY 2008 -09 Budget Bills Passed by the Legislature The Leaoue prepared a chart outlining the FY 2008 -09 budqet bills passed by the Legislature. AB 1781 Conference Committee Report AB 88 Supplemental Budget Bill . Makes changes to the Conference Committee Report and includes additional Prop. 1 B allocation. AB 268 Transportation Budget Bill AB 519 Education Trailer Bill AB 1183 Health Trailer Bill AB 1279 Human Services Trailer Bill AB 1338 Resources Trailer Bill AB 1389 General Government Trailer Bill Contains information for several issues including public safety and redevelopment. AB 1452 Revenue Package #1 (required two- thirds vote ABx3 36' Revenue Package #2 (required majority vote) As of this writing, this bill accelerates personal income tax withholding in the first six months of 2009. It is expected that the bill will either be withdrawn or substantially amended. AB 1526 Prop. 49 After School Programs) Changes AB 1654 Lottery: Modernization AB 1741 Lottery: Securitization SCA 12 Lotter :Constitutional Change SCA 13 Budget Reform Constitutional Amendment AB 10 High Tech Overtime AB 186 Rural Crime Program Extension AB 158 Indian Gaming Special Distribution Fund (formerly AB 1389, Torrico AB 1805 Mental Health Services for Special Education Students (formerly SB 292, Wiggins) AB 2026 Surplus State Property AB 2246 Fresno Joint Powers Charter School AB 2784 Medi -Cal: Hospital Reimbursement Note: The Corrections Trailer Bill (AB 841) and the bond for the Corrections receiver (AB 1189) were not taken up, and therefore not passed. Two additional measures failed in the Senate — a bill to create a Film Commission to award grants to movie studios and a bill related to the Sentinel power plant. 5 son.ma COUnt f tralisp ation a uEhofnV Board of DfrectOrs AG EN DA October 6, 2008 - 3:00 p.m. Council: X SMART Report Miscellaneous NCRA Report 6.3. Communications 6.4. Executive Committee Report Agenda:10114 108 X 10/8/08 -TG Copy to: �t�J(3 ,blentifr_tnt� i\vrtnt :: �uiti _�;ii ,Sarual'osi�� CA Sonoma County Permit & Resource Management Department Planning Commission Hearing Room — 2550 Ventura Avenue, Santa Rosa, CA 1. Public. comment on items not on the regular agenda 2. Consent Calendar _ 2.1. Minutes of the September 8, 2008 meeting (ACTION)* 2.2. Amendment to schedule, scope and budget for The Results Group agreement for public outreach services (ACTION)* 3. Planning 3.1. Draft 2009 Comprehensive Transportation Plan (CTP) (ACTION) 3.1.1. Review Draft 2009 Comprehensive Transportation Plan* 3.1.2. Fall conference* 3.1.3. Programmatic EIR* 3.2. Climate change coordination efforts 3.2.1. AB811 (REPORT)* 3.2.2. Climate All -Stars Conference — November 6, 2008 (REPORT)* 4. Projects and Programming 4.1. Measure M Annual Reporting Letters (REPORT)* 4.2. Measure M Audit of FY07 /08 (ACTION) 4.3. State Highway project updates (REPORT) 4.3.1. Highway 101 projects 4.3.2. SHOPP projects 4.3.3. Landscape projects 5. Administration 5.1. State Budget — update on impacts to transportation (REPORT) 5.2. SCTA Final Budgets — Public Hearing 5.2.1. FY08 /09 Final SCTA Budget (ACTION)* 5.2.2. FY08 /09 Final Measure M Budget (ACTION)* 5.2.3. FY08 /09 Final TFCA Budget (ACTION)* 5.3. Focus on the Future 2008 conference in Monterey (REPORT)* 6. Reports and Announcements 6.1. SMART Report 6.2. NCRA Report 6.3. iVITC Report* 6.4. Executive Committee Report 6.5. SCTA Staff Report 6.6. Announcements Board of Directors Mike bents. Chair. Sonoma Count' ♦ Lisa Schaftiter. V. Chair. Healdsbur- ♦ Valerie Brown. Sonoma Counn' ♦ Stanlev Cohen. Sonoma ♦ Pat Gilardi. Cotati ♦ Mike Harris. Petaluma ♦ Paul Kelley. Sonoma Couniv ♦ 2 ♦Jake Mackenzie. Rohnert Park ♦ Sarah Glade- Gnrne \'. Sebastopol ♦ Carol Russell. Cloverdale ♦Sant Salmon. Windsor+ John Sawyer. Santa Rosa 7. Adjourn "Materials attached. The next S C T A meeting will be held November 10, 2008 Copies of the full Agenda Packet are available at www.sctainfo.org DISABLED ACCOMMODATION: If you have a disability that requires the agenda materials to be in an alternate format or that requires an interpreter or other person to assist, _ you while attending this meeting, please contact SCTA at least 72 hours prior to the meeting to ensure arrangements for accommodation. - - SB 343 DOCUMENTS RELATED TO OPEN SESSION AGENDAS: Materials related to an item on this agenda submitted to the Sonoma County, . Transportation Authority Board of uirectors after distribution of the agenda packet are avaiiabie for public inspection in the Sonoma County Transportation Authority office at .. _ 490 Mendocino Ave., Suite 206, during normal business hours. Pagers, cellular telephones and all other communication devices should be turned off during the committee meeting to avoid electrical interference with the sound recording system. 3 Council: X _ _ Miscellaneous _ Communications Agenda:10114108 X 10/8/08 -1G __Copy to_ MARK YOUR CALENDARS: ROHNERT PARK CITY HALL RIBBON- CUTTING & COMMUNITY CELEBRATION SATURDAY, OCTOBER 11, 2008 1:00 — 5:00 PM 130 AVRAM AVENUE, ROHNERT PARK On Saturday, October 11, 2008, from 1 -5 PM, the City of Rohnert Park will host a City Hall Ribbon - Cutting & Community Celebration to commemorate the completion of the new City Hall building at 130 Avram Avenue. Join us for the Ribbon - Cutting Ceremony at 1:30 PM, after which the new building will be opened to the public. Guided tours will be offered at 2:00, 3:00 and 4:00 PM, highlighting the building's "green" features and state -of -the -art energy efficiency and environmental design. At the Informational Mini -Fair, meet Rohnert Park's community organizations, agencies that partner with the City to provide services, and the City employees who serve Rohnert Park's citizens everyday. Take part in the Sealing of the Time Capsule to mark the occasion as we celebrate the City's commitment to sustainability. More information will follow soon — until then, make sure that Saturday, October 11th is marked on your calendar! About the New Rohnert Park City Hall Rohnert Park City Hall is relocating from 6750 Commerce Boulevard to a "recycled" building at 130 Avram Avenue. Constructed using green - building techniques inside and out, the new City Hall will have less impact on the environment, be more energy - efficient, provide safer and healthier conditions for people inside, and reduce future operating costs. The project is on track to be certified as a LEEDO Gold building by the U.S. Green Building Council and will be the first city hall in Sonoma County with this distinction. Funding for the 14,770 square foot renovation is funded with a combination of fees paid by developers for their fair share of impacts on city services, a 1999 bond sold for the purpose of funding a new city hall, and revenue from the sale of the current city hall site. The new building will bring together under one roof, several City departments currently scattered in separate locations. Furthermore, by being located in one of the city's oldest neighborhoods, the new City Hall will serve as a cornerstone for revitalization in the "A" Section of Rohnert Park. ii RUST " s JOURNAL RENT �«ofi��7 xt ,:�r:� THURSDAY, OCTOBER 0, 2008 • 7:30 —11:45 A.M. I Council: X DENNIS CARROLL j Prentl.:nI, S"'_ Mine C'. ,t Miscellaneous K .Ri !,a' ROD DOLE g Communications and.Spr. w Agenda: 1011408 X 10/8/08 -TG Copy to: ors /nomk f ; reduce greenhouse gas emissions, AT THE DOUBLETREE HOTEL, ROHNERT PARK .An in -depth look at major trend and developments in the explodinggreen movement and how they are impacting the way business is conducted today PANEL 1: BUILDING & TECHNOLOGY PETER BRUCK DAWN DANBY PATTY ,_ ALEXANDRA /• .'. & iNirg Q6r,cial, City ofRohn 1 Park Snsrairarble Deng, Pr S+a. "� GARBARINO �� VON MEIER Adam cn; Anmr4,k ¢ &,A-4•nt, Malin.Sarila y s f x ],,a,' amr ol'Enagy 7�i. h Alan gem I I'a'Aengn With this city having established t nona SnnT Unn�nmy what many believe are model green The role of technology Waste management Alternative energy building standards, tips on how to n sustainable design ~ technologies: how g sv o technologies: b Z' successfully navigate your project and its impact nn .- Mario Sanitary plans ! options and what's through the regulatory process A future development to achievezero -waste s � v_ _ on the horizon PANEL 2, GREEN BUSINESS PRACTICES ' RANDY POOLE a. rtl¢� G""al dan xe r Sonon;a rmnry W er guy and DENNIS CARROLL j Prentl.:nI, S"'_ Mine C'. ,t WEN CHANG <irren hotel dnx:leper Cara Napa ualleyxan•l K .Ri !,a' ROD DOLE g I is doingm and.Spr. w .9udiar L.r.r, ![n- Trrmrner Tax Cn�e rr, C<urnry t �: ��/hat or:e winery ors /nomk f ; reduce greenhouse gas emissions, green its waste management How cost and profit can I low the water agency will scare a zero- carbon and wastewater treatment be balanced with a water delivery system and the impact of An 311 and implement sustainable sustainable vision in rlre on financing green projects winagrowing practices hospitality industry ITV - !)[eel li/ maj"SPPnro,.. 0'0"'. yy�� Ya 's V1 rs T Corpra!e Jpoluors i ) t yy BLIS111�45 , riE }llt'Llal `J l)l F (r rl. urerrr. gy sl3 - 'w t Tree IaF"tlup 5R . S,�L ....... ...... ........ ... . ......... ... ......... ... f11Si....Ii t. LRI ............. ..... ........ .. ......... ......... ... .. _........... >hi SRr, (* 73J .. Ai2H R" ......... _ ........ .......... ............. ............. .........._ ......... .. ......_ ................ 20(19 GOING F,GL•.I %N COMI3RLN<7i„ Oanbcr 9, 21105 Rcgisr:atian: 7:3(1 a -m, Propfam: 8:(!11 -11 �5 a.m. pie," resc;ve +eats at $45 per person or tabiels) of 10 at $470 17nrhukr eampany name mr lahl, riga /. rudnsed is my dx&. for j m VISA, AAC or AMFX 3 Bsp, dare Narne(s) Signature Company Tide \ddrc City .1s's0zip - -`--- -' —�— ---" - ---- —'-` -E- ,nail —�- -- -- Alail or fax to: Linda Perkins, NORTri BAY S uswr'ss JOtncNet, 427 Mendocino Avenue, Santa Rosa, CA 95401; Fax: 707 -521 -52(9; Phan ,.. 707 -521 -5264, Searing is limited. No refunds. Registration deadline ocu b" 3, 2008. Prick includes a subscription to the Nom I( BAY iiusmess JOURNAL (nesv subscribers only). Firsponsorykip irifin matron, call,"0 521 -2711 To register online, visit mmillorth8ayBusiness3ournai.cpm COUNCIL COMMUNICATIONS (10/14/08) RECEIVED OCT 0 3 2008 CITY OF ROHNERT PART( October 01,2008 City Council Chambers City Hall 6750 Commerce Blvd. Rohriert Park, 94928 Re: Proposed Refuse Collection Rate Change Council: Miscellaneous Communications Agenda Copy to: ✓ Copy to: L, ;r Scltt�r�.xz� D Council Members, Is this just like the water rate increase, it doesn't matter if there is a meeting or people care if the prices change, you'll still increase our rates? Why would a consumer even try to voice their opinions, it won't matter, you don't pare. You'll just increase our rates any way. Our Refuse service is just marginal now. It make me angry when the refuse service trupks spill, break glass, or others and don't even clean up after their mess and you want an increase, shame on you. Give us a break, you just increased the water rates and half the water meters are inconsistent and are in need of repair. Why is there an increase? Because of gas, container being abused, what? We are already paying one way or another. What about our seniors who are on a fixed income? Is there a discount for them? How are they to live, exist? Look at the job on Copeland Creek, $350.000.00 dollars for What? Black Top? All the cut debris will flow down the creek and cause flooding. They should of shredded the cuttings. Are they going to repair the entrance from the main roads, and the other side of the creek in areas that are needed? When wil you realize you need to cut back on spending and wages, retirement, and medical. Oh, have the police do their job too. We have an officer come down our street once a year on the 4 " of .July and that is to harass our street. If they Came down our street, they would notice trucks, trailers and things that have been sitting on the street for months. No one calls, it won't do any good. I've never seen, but once, an officer in the creek area. You need to do your jobs first, before you ask for a rate increase. The people of Rohnert Park are tired of being- screwed again. Thank you, a citizen of Rohnert Park Chapman 427 Ava Ave. Rohnert Park, Ca. 94928 r /,) i - WS- 37s -r b( Paul D. Stutrud RECEIVED P. O. Box 2205 OCT 0 7 2008 Rohnert Park CA 94927 -2205 CITY OF 6 October 2008 ROHNERT PARK Jake MacKenzie, Mayor Members of the Rohnert Park City Council 6750 Commerce Boulevard Rohnert Park CA 94928 RE: Anti- Measure L campaign literature Dear Mr. MacKenzie and members of the City Council: Council: Miscellaneous Communications A Tenda Copy t2�� � . t The other day I received a full -color "No on L" brochure in the mail. On the address side it states: "Measure L will result in... "a significant loss of revenue to the City of Rohnert Park, revenue legally directed at properly maintaining and operating its sewer collection system..." In the center portion of the brochure is a full -color photograph of some homes that were flooded, according to the caption on the photograph, on December 1, 2005. This is followed by another statement: "If Measure L passes, Rohnert Park will not be safe next time we have a flood!" I would like to take exception to this illustration and statement. If the homes in Rohnert Park are flooded by sewage overflows as implied by the statement and the photo taken on 12/01/2005, then we are really in trouble. How many times has Rohnert Park been flooded in the past twenty years? Too many! How many times has the flooding been caused by sewer line overflows? None! Yes, None. Ask the city engineer. How many times have the streets of Rohnert Park been flooded because of clogged storm drain systems? Storm drain systems that were clogged with an accumulation of mud and debris. A lot. Rohnert Park founder, Paul Golis, several years ago in a discussion of the flooding problems in Rohnert Park, said that the storm drains need to be cleaned out every year. Not just when they are so clogged that the water runs up out of the gutter drains because the storm drain pipes down below are clogged with mud. Why don't we get down to the real facts about Measure L. Why was it enacted and why did all of those folks sign the petitions? How many of the city council and planning commission members read the entire 236 pages of the $13,000,000 (13 million dollar) CITY OF ROHNERT PARK SEWER SYSTEM REVENUE CERTIFICATES OF PARTICIPATION, SERIES 2005? This is the source of funds to build the sewer pipes. vr, specincaiiy now many of the city council and planning commission members read the language on page 19 which says: "The Project will consist of the acquisition and installation of a new, second force main, which will provide redundancy and increase the capacity and reliability of the City's wastewater conveyance system. The sewer force mains convey wastewater flows from the City to the Laguna Subregional Treatment Facility." And on page 23, which says: "The City plans to construct an additional sewer main to serve new development on the east side of the City. The costs of such project are estimated at $6.5 million with expenditures completed by the end of fiscal year 2005 -06. The City anticipates the costs of such project will be paid from development impact fees imposed by the City on new development and not from Net Revenues." (Underlined by this writer). When were the rate - payers of Rohnert Park given a 45 day notice to read the "engineer's report that was to state exactly what the project was going to entail and exactly how much money was it going to cost, as required by language in the California State Constitution at Article XlH c and d? And what about that false statement about the broken sewer pipe? Turns out it wasn't even in Rohnert Park. Thank you, Paul D. Stutrud cc: Community Voice 0� Measure L will result in... tic :.. a significant loss of revenue to the City of Rohnert Park, revenue legally directed at properly maintaining and operating its sewer collection system..." Water Board Resolution R12008- 01013, September 11, g � � yr ul If Measure passes, Rohnert Park will not be safe next time we have a flood! Protect Rohnert Pork STANDARD 131 South West Blvd., Suite G3 .x.,... „ „,,,,, Presort DON'T ECRLOT "B 010 US POSTAGE Rohnert Park, CA 94928 Paul Stutrud Paid Loma ill 2211: ID #1310604 Dn P~ mnr .._ _ .._:I COUNCIL COMMUNICATIONS (10/14/08) < ` , 1di5 S -0 #�..'+ +`i._+ o .vi b.v � "✓"-1( ` -k- 3r" y jz'Tt ommunications Distributed with Packet (10 08/18) 1. Chapman / Resident Letter re: Proposed Refuse Collection Rate Change 10/01/08 2. Paul Stutrud / Resident Letter re: Anti- Measure L Campaign Literature 10/06/08 3. Robert Grundman / Resident Letter re: 2008 -09 City Budget 10/08/08 Commurfications Distributed with Supplemental.Packet 10/09/08 4. Richard Armerding / Resident Letter re: Measure L 5. Paul Stutrud / Resident Letter re: Dirty Politics 10/09/08 6. Dan Schwarz, Assistant City Manager E -mail re: Fitch Ratings 10/09/08 7. Jessica Homan / Rancho Cotate High Council Invitation to attend the Homecoming Parade Saturday 10/2008 School at 10 a.m. 8. Eunice Edgington / Resident I Article re: Casinos 1 10/10/08 OCT 0 8 200$ Co►an —i, Lidster, Beth CITY � P91ALlRlef]T M, From: Richard Armerding richard.armerdin maii.com `oPk�.�o -�-S 9[ 9 @9 l t co a t Sent: Wednesday, October 08, 2008 3:00 PM L— To: Pam Stafford - business; Smith, Tim; Mackenzie, Jake - AOL; Admin Subject: Measure L Dear Mayor, Vice Major and Council Members, Page 1 of 1 I just received a phone message urging me to vote "NO" on Measure L. The message offered a couple of scare phrases such as "bankruptcy" but, otherwise, did not give me anything substantial on which to base my decision. Frankly, I believe this is why we are in this predicament to begin with. Over the past 20 years, I have never seen anything which explained clearly and concisely how our city's water and sewer system works and why it costs what it does. Instead, we receive an annual rate increase justified by a simple statement that costs have "gone up ". The same goes for water and garbage. I, for one, have no idea how the system was set up, how it runs, and why the costs keep "going up ". There are bits and pieces of the story spread around the various city and county offices and websites but there is no single source where I can go to understand it all. About a month ago, I volunteered to set up a task force to prepare a brochure or website which would bring all the information together and present it in a way which would be understandable by residents who are not engineers or lawyers. That offer was not accepted. Instead, I was told that the City Engineer was preparing something. I have still not seen anything and I doubt it will serve the needs of the average resident anyway. Instead of spending all this money to TELL voters how to vote on Measure L, why not help your constituents understand WHY the system makes sense. I am left with the suspicion that the system does NOT make sense and that it does NOT serve our interests. If that is the case, I want to know how we got into this mess and what we can do about it (if anything). You are fortunate that the proponents of Measure L are no better prepared to justify their position. They, too, have relied on emotive statements to convince voters to vote "yes ". Unless someone offers me something substantive between now and Novermber 4th, I will probably not bother to vote on Measure L at all. If you lose this vote, it will be your own fault for not having adequately informed the electorate. Richard Armerding 1236 Hagemann Lane 10/8/2008 Oct 09 08 05:51a Paul Stutrud Paul D. Stutrud P. O. Box 2205 Rohnert Park CA 94927 -2205 707 585 7419 P.1 RECEIVED OCT 0 9 2008 9 October 2008 CITY OF ROI°BNERT PARK Jake MacKenzie, Mayor Members of the Rohnert park City Council M 6750 Commerce Boulevard ns Rohnert Park CA 94928 [2r :dirty politics, it seems to be taortnal in Rohnert Park t Dear Mr. MacKenzie and members of the City Council: Yesterday, Wednesday 8 October 2008 at about 5:30pm I received a telephone call from a friend of mine who lives a few houses down the street. She had just observed two young women, a blonde and a brunette wearing dark glasses pull up across the street in a small silver colored pickup truck. As they pulled up to a stop, they both looked around and the blonde woman got out of the truck and went over and pulled a yard sign up and threw it in the back of the salver colored pickup truck they were riding in. It was obvious from the noise that there were other political yard signs in the back of the silver- colored pickup. Across the street, my friend was unloading some materials from the back of her van, which was backed into her driveway. It is obvious that the two young women, described as being in their "twenties" did their dirty deed not suspecting that someone was watching them.. My friend couldn't believe what she saw but ran out into the street as the silver colored pickup truck pulled away and attempted to get the license plate number but a full view of the license plate was blocked by a trailer hitch ball. The license plate number that nay friend got w&s "618 ... 187" She is not sure if the entire number because the trailer hitch ball blocked full view of the cast bond pickup truck. My friend called me and told me what she had just seen. I called Dawna Gallagher, because it was her sign that had been stolen by the two young women. Dawna was already upset because she had just learned that some of her other yard signs had just been stolen. She called Public Safety. Dawna called the Public Safety as she was coming over to meet the police officer when he arrived at this crime scene. I walked down to the "crime scene"' and arrived just as Dawna pulled up in her car. My friend explained to Dawna what sbe had seen and we waited for the police. It was now 6:00pm. Dawna had to leave the scene to attend a meeting so I stayed and waited for the Public Safety officer to arrive. He didn't arrive until around 7:00pm. In 1994, 1996, 1998, 2000 and in 2002, I ran for Rohnert Park city council and in each of those five election campaigns thieves stole a significant number of my yard signs. Similarly, another man who razz for Rohnert Park city council, Charles Kitchen had a significant number of his yard signs stolen. Charles became very upset and hand wrote some anti -sign thiel'signs and posted them. Oct 09 08 06:17a Paul Stutrud 707 585 7419 p.z And in yet another incident of candidate yard signs being stolen., noticed a bunch ofyard signs for a non - Jimmie Rogers candidate stuffed in a garbage can as I was out for my morning walk. I went back home and ,got my camera and took some pictures and called public Safety to report what. I had (ijund, i vt;lyed at *-he "^.riIM Si::.ne" until a Public a ety officer finally arrived. 1 suggested to the Public Safety officer that finger prints could probably be lifted from the card board signs. The Public Safety officer ignored my caution and simply grabbed the signs up out of the curb -side container and threw them in the back of his police car. He told me if I wanted to retrieve the signs I could bet them at the Public Salety building. And so here we are in another political campaign season. We have three incumbent candidates and we have another platform of three other candidates. And then we have Dawna Gallagher running as an independent person with no ties to the Jimmie Rogers platfornn and loyalties. 1 would like to know why Dawna Gallagher is seen as such a threat to the election that someone has moved to pull her candidate yard signs? Isn't our election process supposed to be an honorable endeavor instead of what it has been for too many years? Thank nu, )JZ2;�� Paul U. Stutrud cc: Community Voice RECEIVED OCT 0 9 2008 Lidster, Beth From: Schwarz, Dan ROHNERT PAR{ _._ Sent: Thursday, October 09, 2008 9:25 AM To: 'amieandpaige @aol.com'; Smith, Tim; Mackenzie, Jake - AOL; 'vvm92tam @comcast.net; Pam Stafford - business Cc: Lipitz, Sandy; Babonis, Linda; Lidster, Beth Subject: Fitch Press Release on RP Bond Ratings Attachments: FINAL RAC.pdf Councilmembers: Council• Miscellaneous Agee Y to: y to: Page 1 of 1 /0 /9A,r I am very pleased to share the attached press release from Fitch Ratings. As you will see, after an independent review of our records, Fitch Ratings has given Rohnert Park an A- bond rating. This extremely positive rating is testament to the fact that even in these difficult budgetary times, the City's prudent and conservative management of its cash and debt has maintained our credit worthiness. I a,m very appreciative of the work of Sandy Lipitz for taking the lead in responding to Fitch's inquiries during the review. With her guidance, staff members from several departments were able to pull together the necessary documentation to demonstrate our credit worthiness. Dan Dan Schwarz, Asst. City Manager City of Rohnert Park dschwarz @rpcity.org (707) 588 -2212 (707) 588 -2263 fax www.rpcity.org 10/9/2008 KNOW YOUR RISK FITCH AFFIRMS ROHNF,RT PARK (CA) CORR AT IA_ OUTLOOK POSITIVE; TABS AFFIRMED AT 'A -'; STABLE Fitch Ratings -New York -08 October 2008: In the course of routine surveillance, Fitch affirms the 'A -' rating on the City of Rohnert Park, California's (the city) approximately $4 million of outstanding certificates of participation (COPS) ( Rohnert Park Capital Facilities Project), series 1999. Fitch assigns a Positive Rating Outlook to the COPS. In addition, Fitch affirms the 'A -' rating on the Community Development Commission of the City of Rohnert Park, California's approximately $9 million of outstanding tax allocation bonds (TABs), series 1999. Fitch assigns a Stable Rating Outlook on the TABs. The Positive Outlook reflects the city's very high general fund reserves and financial flexibility demonstrated in the annual pay -as- you -go capital funding. Fitch believes this strong fiscal position, along with prudent financial management, will assist the city in withstanding pressures from a weakened economy and deteriorating housing market. The 'A -' rating on the COPS is based on the solid financial position, diverse economy, affordable debt levels, and strong lease provisions. Nonetheless, the city will face financial challenges in the near term as property and sales taxes are likely to stagnate; in fiscal 2009, the city's assessed valuation declined slightly, resulting in a slight decline in budgeted property tax revenues. The 'A -' rating on the TABs reflects adequate debt service coverage, good tax increment revenue gains, significantly improved taxpayer diversity and the area's importance to the city's economy. The project area covers a substantial portion of Rohnert Park, including a good mix of industrial, commercial, and residential properties (including single family homes and apartments), and five of the city's leading employers. Incremental assessed value growth has averaged over 5% annually for at least the past five years, with gains moderated by the project area's largely built -out nature. Tax increment revenues in fiscal 2007 covered maximum annual debt service 1.25 times. However, future tax increment revenue gains will be slow, pressured as a result of housing market deterioration. Rohnert Park is located 45 miles north of San Francisco in Sonoma County. As a mostly built -out city, the population has been stable at about 45,000 for several years. Wealth levels are slightly above - average relative to the state and nation, but below county levels, and unemployment rates have historically been below the county, state, and national levels. The city's moderately low debt burden is expected to remain manageable given the limited capital needs and substantial use of pay -as- you -go funding. The city's financial position is strong, with significant financial flexibility in the general fund; the unreserved fund balance in fiscal 2007 was $13.1 million, equal to a very high 45% of spending. Contact:. Alexandra Knight +1- 212- 908 -9181, New York, or Karen Ribble +1- 415- 732 -5611, San Francisco. Fitch issued an exposure draft on July 31, 2008 proposing a recalibration of tax- supported and water /sewer revenue bond ratings which, if adopted, may result in an upward revision of this rating (see Fitch research 'Exposure Draft: Reassessment of the Municipal Ratings Framework'.) At this time, Fitch is deferring its final determination on municipal recalibration. Fitch will continue to monitor market and credit conditions, and plans to revisit the recalibration in the first quarter of 2009. Media Relations: Cindy Stoller, New York, Tel: +1212 908 0526. Fitch's rating definitions and the terms of use of such ratings are available on the agency's public site, 'www.fitchratings.com'. Published ratings, criteria and methodologies are available from this site, at all times. Fitch's code of conduct, confidentiality, conflicts of interest, affiliate firewall, compliance and other relevant policies and procedures are also available from the 'Code of Conduct' section of this site. Ilix 1] 4 now: I I I the associated student body class of rancho cotate hi h Council: Miscellaneous Communications %8 October 2008 Agenda b Copy to: ear Rohnert Park City Council Members, Copy to The Leadership Class of Rancho Cotate High School would like to cordially invite you to attend our annual Homecoming Parade this Saturday, October 1 1 t6, 2008 at 10:00 am. We are appreciative of your support with this important event, and would like you to see its production. As you Know, it will begin at Spreckels Performing Arts Center and end at Camino Colegio and Southwest boulevard. The Judging stand will be in front of Rancho Cotate High School. We expect the parade to last no longer than thirty minutes. Again, thank you the support you have given us. Sincerely, Rancho Cotate High School Leadership Class of 2008 -2009 iessica Holman Adviser �e� r el s — ILi 7Zes�r� o C� 3,rh or Qr-e Calendar of Events Next Council Meeting October 28, 2008 Monday, 10/6 SCTA Board of Directors 3pm. Santa Rosa (JM) ITEM NO. 14(1) Council: X Miscellaneous Communications Agenda: 10/14/08 X 10/8/08 -TG Copy to: Thursday, 10/9 2008 Going Green Conference sponsored by North Bay Business Journal 7:30 -11:45 a.m. DoubleTree Hotel (JM/Vvm) Saturday, 10/11 Community Celebration & Ribbon Cutting Event 1 -5pm New City Hall Saturday. 10/11 Rancho Cotate 2 "d Annual Homecoming Parade 10am. (contact Casey Lusky 318 -7903) Wednesday, 10/15 Sonoma County Waste Management Agency 8:30am. 4300 Llano Road (TS) October 16 Mayors & Councilmembers meeting Sebastopol [Santa Rosa plans programs] (JM/TS/Vvm) Thursday & Friday, 10/16 -17 Bridging the Town /Gown Divide 2008 Conference Embassy Suites San Luis Obispo Friday, 10/24 So Co Mayors' Committee on Employment of People w /Disabilities 5th Annual Best Practices Awards Breakfast 7am. 3555 Round Barn Blvd, SR (TS) Sunday. October 26 Rail — Volution Conference San Francisco (JM) Wednesday, 10/29 Water Issues Subcommittee meeting Noon. Conference Room (JM /PS) Thursday, 10/30 2008 Leadership Awards Luncheon sponsored by North Bay Leadership Council 11:30am Embassy Suites Hotel, San Rafael (JM) Thursday, 11/6 2008 Climate All Stars Conference 8am -5pm. St Mary's Cathedral. 1111 Gough Street. San Francisco (JM) REGISTRATION DEADLINE: 10/31 for 2008 Legislative Briefings Wed, 11/19 in Emeryville Thursday, 11/13 Waste & Recycling Subcommittee meeting 11:30am. Conference Room (AB/TS) AGENDA FORECAST Tuesday, October 28, 2008 Council: X Miscellaneous Communications Agenda: 10114108 X 10 /8 /08 -TG Copy to: Sonoma State University Student Report —Casey Jones, ASI Representative Pledge of Allegiance: Presentations Presentation of Resolution No. 2008 -160 Jeanne Johnson for her support of Osher Life Long Learning Institute Consent Calendar 2008- Approving and Adopting the Plans & Specifications for the Tanks #3 & #4 Interior Recoating and Cathodic Protection, City Project No. 2005 -01 and Awarding the Contract to <CONTRACTOR> Individual Items Ordinances ■ Adopting Ordinance No. 806 Declaring Prima Facie Speed Limits on Certain Streets (RPX from Snyder to Petaluma Hill Road) ■ Council Protocols: Adopting Ordinance No. 807 Amending Municipal Code Chapter 2.08, Council Procedural Rules Council Committee and /or other Reports Sonoma County Waste Management Agency 10/15 - TS Mayors & Councilmembers 10/16 — JM/TSNvm Other: So Co Mayors' Committee on Employment of People w/Disabilities 10/24 - TS Community Development Rohnert Park Financing Authority co O N N co ti O ca co N N N C, co CD O w m O v O U CL Y x � Q c 0 C0 _o. \ -OO G 7 W N 0 CD U N E E O U O Lo r- CU CL m c 0 U N ti 4-4 O O N O a3 0 Q � � N C3" O sU, � � b o O cV U vl O U 2✓ O , b O U7�Z W A�wfx rn 0 O a, U) 0 rU+ N N m U }w.� i+ O U a/o a CAS C� 0 W �0y,,� (F-1 0 N N U ti 4-+ O O bA N N U O Cd O a-+ -d O N H U 0 U .S 03 N O U i. F.r N O •� •ti cn O 0U Y 0 O bb Cd O C U U �. 0 a N � U N N N 'O bA U •� O N U U bA O N � N � � N N � c� b b�A N N O U N Q O "C� tEl O U O U Cd O Cd 7-y 0 U O RS i.� O U N .s"'. b Cd O N 4" b «3 N 0 U N Cd H s, O U N 0 "Cy F--i as 0 �i Q, 0 U V) N U U N O 4-+ O N by O r. O 0 ITEM NO. 14(3) Council: X Miscellaneous Communications Agenda: 10/14108 X 10/8/08 -TG Copy to: CDC: X Miscellaneous Communications Agenda: 10114108 X 10/8/08 -TG Copy to: COMMUNITY DEVELOPMENT COMMISSION BILLS FOR APPROVAL October 14, 2008 Checks 5095 - 5108 Dated September 23 - October 8, 2008 $77,359.03 TOTAL $77,359.03