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2014/12/09 City Council Agenda PacketROHNER7 PARk I9 - Revised CALIFORNSP Mission Statement "We Care for Our Residents by Working Together to Build a Better Communityfor Today and Tomorrow." City of Rohnert Park ♦ 130 Avram Avenue ♦ Rohnert Park, California 94928 PHONE: (707) 588 -2227* FAX: (707) 792 -1876 ♦ WEB: www.rpcity.or1! ROHNERT PARK CITY COUNCIL Rohnert Park Financing Authority (RPFA) Successor Agency to the Community Development Commission (CDC) JOINT REGULAR MEETING AGENDA Tuesday, December 09, 2014 Open Session: 5:00 p.m. MEETING LOCATION: CITY HALL - COUNCIL CHAMBER 130 Avram Avenue, Rohnert Park, California The Rohnert Park City Council welcomes your attendance, interest and participation at its regular city meetings scheduled on the second and fourth Tuesdays of each month at 5:00 p.m. in the Council Chamber. City Council /RPFA agendas and minutes may be viewed at the City's website: www.rpcity.org. PUBLIC HEARINGS: Council /RPFA may discuss and/or take action on any or all of the items listed on this agenda. If you challenge decisions of the City Council or the Rohnert Park Financing Authority of the City of Rohnert Park in court, you may be limited to raising only those issues you or someone else raised at public hearing(s) described in this agenda, or in written correspondence delivered to the City of Rohnert Park at, or prior to the public hearing(s). RIGHT TO APPEAL: Judicial review of any city administrative decision pursuant to Code of Civil Procedure Section 1094.5 may be had only if a petition is filed with the court no later than the deadlines specified in Section 1094.6 of the California Code of Civil Procedure, which generally limits the time within which the decision may be challenged to the 90th day following the date that the decision becomes final. SIMULTANEOUS MEETING COMPENSATION DISCLOSURE (Government Code § 54952.3): Members of the City Council receive no additional compensation as a result of convening this joint meeting of the City Council and the Rohnert Park Financing Authority. PUBLIC COMMENTS: Provides an opportunity for public comment on items not listed on the agenda, or on agenda items if unable to comment at the scheduled time (limited to three minutes per appearance and a 30 minute total time limit, or allocation of time determined by Presiding Officer based on number of speaker cards submitted). PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING ANNOUNCEMENT: Please turn off all pagers, cellular telephones and all other communication devices upon entering the Council Chamber. Use of these devices causes electrical interference with the sound recording and TV broadcast systems. City of Rohnert Park Joint Regular Meeting Agenda December 09, 2014 for City Council /RPFA /CDC Successor Agency Page 2 of 5 1. CITY COUNCIL /RPFA /SUCCESSOR AGENCY JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL (Belforte Mackenzie_ Stafford Ahanotu Callinan ) 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS A. Mayor's Certificate of Recognition Honoring Rohnert Park Cal Ripken Youth Baseball Team, Storm for Winning the 2014 Fall Ball Championship B. Mayor's Certificate of Recognition Honoring Ty Francis O'Donnell for Achieving the Rank of Eagle Scout 4. PUBLIC COMMENTS Persons wishing to address the Council on any Consent Calendar item or on City business not listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council on any report item listed on the Agenda should submit a "Speaker Card" to the City Clerk before announcement of that agenda item. 5. CONSENT CALENDAR All items on the Consent Calendar will be considered together by one or more action(s) of the City Council and /or the Rohnert Park Financing Authority and Successor Agency to the Community Development Commission, whichever is applicable, unless any Council Member or anyone else interested in a consent calendar item has a question about the item. A. Approval of Minutes for: None B. Acceptance of Reports for: 1. RPFA- Cash Report for Month Ending October 2014 2. Housing Successor Agency- Cash Report for Month Ending October 2014 3. Successor Agency- Cash Report for Month Ending October 2014 4. City- Cash Report for Month Ending October 2014 5. City Bills /Demands for Payment Dated December 09, 2014 tentative 6. Successor Agency to the CDC Bills /Demands for Payment Dated December 09, 2014 tentative C. Successor Agency to the CDC Resolution for Adoption: 1. 2014 -170 Authorizing the Transfer of all Former Community Development Commission Housing Assets to the City of Rohnert Park D. City Council Resolutions for Adoption: 1. 2014 -173 Reciting the Fact of the of General Municipal Election Consolidated with the Gubernatorial General Election Held on November 4, 2014, Declaring Results and Such Other Matters as Provided by Law 2. 2014 -174 Rejecting the Claim of Maria Belfor 3. 2014 -175 Rejecting the Claim of Raul & Elva Barajas City of Rohnert Park Joint Regular Meeting Agenda December 09, 2014 for City Council /RPFA /CDC Successor Agency Page 3 of 5 4. 2014 -176 Authorizing and Approving the Director of Finance to Increase Appropriation in Various Funds and Make any Administrative Adjustments Necessary to Fund Executed Labor Agreements 5. 2014 -177 Accepting the Development Impact Fee Report for Fiscal Year July 1, 2013 through June 30, 2014 6. 2014 -178 Authorizing and Approving an Agreement for On -site Audio /Visual Technician Services with Petaluma Community Access 7 2014 -179 Authorizing and Approving the First Amendment to the Consultant Services Agreement with Dudek for Planning and Environmental Services 8. 2014 -180 Approving the Acceptance by the City of Former Housing Properties of the Community Development Commission of the City of Rohnert Park and Authorizing Execution of Documents Necessary to Ensure City Holds Marketable Title 9. 2014 -181 Resolution of the City Council of the City of Rohnert Park for Consideration of Adopting a Resolution Authorizing the City Manager to Execute a Memorandum of Understanding with the National Recreation and Parks Association (NRPA) for Grant Funds Totaling $70,845 for Purchase of an 8- Passenger Senior Center Van and Tot Lot Play Equipment for Eagle Park 10. 2014 -182 Authorizing and Approving the Residential Purchase Agreement and Joint Escrow Instructions, as Modified by an Addendum and Counter Offers, For The Sale Of 7668 Beverly Drive To Cameron Murphy 11. 2014 -183 Authoring and Accepting a Grant from the State of California Department of Alcoholic Beverage Control for Grant Assistance Program Funds and Approving the Director of Finance to Increase General Fund Program Budget Appropriations and Make any Administrative Adjustments Necessary to Execute the Agreement 12. 2014 -184 Authorizing and Approving the Director of Finance to Increase General Fund and Asset Forfeiture Special Revenue Fund Appropriations and Make any Administrative Adjustments Necessary to Fund Specified Public Safety Repairs and Equipment, to be Reimbursed by Asset Forfeiture Special Revenue Funds E. Ordinances for Adoption: 1. No. 881 An Ordinance of the City Council of the City of Rohnert Park, California, approving the Prezoning and Amending the Zoning Map for the Northwest Specific Plan Area Located South of Millbrae Avenue, West of Dowdell Avenue, North of Business Park Drive, and East of Langner Avenue in Sonoma County, CA 2. No. 882 An Ordinance of the City Council of the City of Rohnert Park, California, Approving an Amendment to the Development Agreement Between the City of Rohnert Park and Redwood Equities LLC for Development of the Property Located South of the Canon Manor Specific Plan Area, West of Petaluma Hill Road, and North of Valley House Drive (APN 047 - 111 -030) City of Rohnert Park Joint Regular Meeting Agenda December 09, 2014 for City Council /RPFA /CDC Successor Agency Page 4 of 5 F. Re- appointment of Paul Libeu -to Serve as the Rohnert Park Citizen Representative on the Board of Trustees for the Marin/Sonoma Mosquito & Vector Control District for a Two -year Term to Expire December 31, 2016 G. Authorize staff to send a letter from the Mayor in support of Child Parent Institute's grant application for mental health services for students and families in the Cotati- Rohnert Park Unified School District Council Motion /roll call vote 6. Adopt Ordinance Authorizing the Implementation of a Community Choice Aggregation Program, Approve Resolution Requesting Sonoma Clean Power to Act as Community Choice Aggregator on Behalf of the City of Rohnert Park, and Consider Filing Notice of Exemption from CEQA Regarding Participation in Sonoma Clean Power A. Staff Report B. Public Comment C. Ordinance for Adoption: 1. No. 883 An Ordinance of the City Council of the City of Rohnert Park, California Authorizing the Implementation of a Community Choice Aggregation Program a. Council motion /discussion /roll call vote (Belforte_ Mackenzie Stafford_ Ahanotu Callinan) D. Resolution for Adoption: 1. 2014 -185 Requesting that the Sonoma Clean Power Authority Act as a Community Choice Aggregator on Behalf of the City of Rohnert Park and Implement the Sonoma Clean Power Community Choice Aggregation Program within the City of Rohnert Park a. Council motion /discussion /vote 7. CEREMONY FOR INSTALLATION OF NEWLY ELECTED CITY COUNCILMEMBERS AND INSTALLATION OF OFFICERS FOR THE YEAR 2015 A. Installation of Newly Elected Councilmembers 1. Administration of Oaths of Office 2. Presentation of Certificates of Election B. Reflection 2014 1. Year's Highlights (slide show) 2. Mayor's Comments 3. Councilmembers' Comments C. Presentation to Mayor Joseph T. Callinan for 2014 Year as Mayor D. Installation and Confirmation of Mayor Ahanotu and Vice Mayor Belforte for 2015 E. Vision 2015 1. Mayor's Comments 2. Councilmembers' Comments 8. ADJOURNMENT REFRESHMENTS FOLLOWING THE CITY COUNCIL MEETING City of Rohnert Park Joint Regular Meeting Agenda December 09, 2014 for City Council /RPFA /CDC Successor Agency Page 5 of 5 NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be considered earlier or later than the time indicated depending on the pace at which the meeting proceeds. If you wish to speak on an item under discussion by the Council which appears on this agenda, after receiving recognition from the Mayor, please walk to the rostrum and state your name and address for the record. Any item raised by a member of the public which is not on the agenda and may require Council action shall be automatically referred to staff for investigation and disposition which may include placing on a future agenda. If the item is deemed to be an emergency or the need to take action arose after posting of the agenda within the meaning of Government Code Section 54954.2(b), Council is entitled to discuss the matter to determine if it is an emergency item under said Government Code and may take action thereon. DISABLED ACCOMMODATION: If you have a disability which requires an interpreter or other person to assist you while attending this City Council meeting, please contact the City Clerk's Office at (707) 588- 2227 at least 72 hours prior to the meeting to ensure arrangements for accommodation by the City. Please notify the City Clerk's Office as soon as possible if you have a visual impairment requiring meeting materials to be produced in another format (Braille, audio -tape, etc.) AGENDA REPORTS & DOCUMENTS: Copies of all staff reports and documents subject to disclosure that relate to each item of business referred to on the agenda are available for public inspection at City Hall located at 130 Avram Avenue, during regular business hours, Monday through Friday from 8:00 am to 5:00 pm. Any writings or documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will also be made available for inspection at City Hall during regular business hours. CERTIFICATION OF POSTING OF AGENDA I, JoAnne Buergler, City Clerk for the City of Rohnert Park, declare that the foregoing revised agenda for the December 9, 2014, Joint Regular Meeting of the Rohnert Park City Council /RPFA was posted and available for review on December 5, 2014, at Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, California 94928. The agenda is also available on the City web site at www.rpcity.org, Executed this 5t' day of December, 2014, at Rohnert Park, California. JoAnne Buergler, City Clerk Mission Statement "We Care for Our Residents by Working Together to Build a Better Communityfor Today and Tomorrow." City of Rohnert Park ♦ 130 Avram Avenue ♦ Rohnert Park, California 94928 PHONE: (707) 588 -2227* FAX: (707) 792 -1876 ♦ WEB: www.rpcity.or1! ROHNERT PARK CITY COUNCIL Rohnert Park Financing Authority (RPFA) Successor Agency to the Community Development Commission (CDC) JOINT REGULAR MEETING AGENDA Tuesday, December 09, 2014 Open Session: 5:00 p.m. MEETING LOCATION: CITY HALL - COUNCIL CHAMBER 130 Avram Avenue, Rohnert Park, California The Rohnert Park City Council welcomes your attendance, interest and participation at its regular city meetings scheduled on the second and fourth Tuesdays of each month at 5:00 p.m. in the Council Chamber. City Council /RPFA agendas and minutes may be viewed at the City's website: www.rpcity.org. PUBLIC HEARINGS: Council /RPFA may discuss and/or take action on any or all of the items listed on this agenda. If you challenge decisions of the City Council or the Rohnert Park Financing Authority of the City of Rohnert Park in court, you may be limited to raising only those issues you or someone else raised at public hearing(s) described in this agenda, or in written correspondence delivered to the City of Rohnert Park at, or prior to the public hearing(s). RIGHT TO APPEAL: Judicial review of any city administrative decision pursuant to Code of Civil Procedure Section 1094.5 may be had only if a petition is filed with the court no later than the deadlines specified in Section 1094.6 of the California Code of Civil Procedure, which generally limits the time within which the decision may be challenged to the 90th day following the date that the decision becomes final. SIMULTANEOUS MEETING COMPENSATION DISCLOSURE (Government Code § 54952.3): Members of the City Council receive no additional compensation as a result of convening this joint meeting of the City Council and the Rohnert Park Financing Authority. PUBLIC COMMENTS: Provides an opportunity for public comment on items not listed on the agenda, or on agenda items if unable to comment at the scheduled time (limited to three minutes per appearance and a 30 minute total time limit, or allocation of time determined by Presiding Officer based on number of speaker cards submitted). PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING ANNOUNCEMENT: Please turn off all pagers, cellular telephones and all other communication devices upon entering the Council Chamber. Use of these devices causes electrical interference with the sound recording and TV broadcast systems. City of Rohnert Park Joint Regular Meeting Agenda December 09, 2014 for City Council /RPFA /CDC Successor Agency Page 2 of 5 1. CITY COUNCIL /RPFA /SUCCESSOR AGENCY JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL (Belforte Mackenzie_ Stafford Ahanotu Callinan ) 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS A. Mayor's Certificate of Recognition Honoring Rohnert Park Cal Ripken Youth Baseball Team, Storm for Winning the 2014 Fall Ball Championship B. Mayor's Certificate of Recognition Honoring Ty Francis O'Donnell for Achieving the Rank of Eagle Scout 4. PUBLIC COMMENTS Persons wishing to address the Council on any Consent Calendar item or on City business not listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council on any report item listed on the Agenda should submit a "Speaker Card" to the City Clerk before announcement of that agenda item. 5. CONSENT CALENDAR All items on the Consent Calendar will be considered together by one or more action(s) of the City Council and /or the Rohnert Park Financing Authority and Successor Agency to the Community Development Commission, whichever is applicable, unless any Council Member or anyone else interested in a consent calendar item has a question about the item. A. Approval of Minutes for: None B. Acceptance of Reports for: 1. RPFA- Cash Report for Month Ending October 2014 2. Housing Successor Agency- Cash Report for Month Ending October 2014 3. Successor Agency- Cash Report for Month Ending October 2014 4. City- Cash Report for Month Ending October 2014 5. City Bills /Demands for Payment Dated December 09, 2014 tentative 6. Successor Agency to the CDC Bills /Demands for Payment Dated December 09, 2014 tentative C. Successor Agency to the CDC Resolution for Adoption: 1. 2014 -170 Authorizing the Transfer of all Former Community Development Commission Housing Assets to the City of Rohnert Park D. City Council Resolutions for Adoption: 1. 2014 -173 Reciting the Fact of the of General Municipal Election Consolidated with the Gubernatorial General Election Held on November 4, 2014, Declaring Results and Such Other Matters as Provided by Law 2. 2014 -174 Rejecting the Claim of Maria Belfor 3. 2014 -175 Rejecting the Claim of Raul & Elva Barajas City of Rohnert Park Joint Regular Meeting Agenda December 09, 2014 for City Council /RPFA /CDC Successor Agency Page 3 of 5 4. 2014 -176 Authorizing and Approving the Director of Finance to Increase Appropriation in Various Funds and Make any Administrative Adjustments Necessary to Fund Executed Labor Agreements 5. 2014 -177 Accepting the Development Impact Fee Report for Fiscal Year July 1, 2013 through June 30, 2014 6. 2014 -178 Authorizing and Approving an Agreement for On -site Audio /Visual Technician Services with Petaluma Community Access 7 2014 -179 Authorizing and Approving the First Amendment to the Consultant Services Agreement with Dudek for Planning and Environmental Services 8. 2014 -180 Approving the Acceptance by the City of Former Housing Properties of the Community Development Commission of the City of Rohnert Park and Authorizing Execution of Documents Necessary to Ensure City Holds Marketable Title 9. 2014 -181 Resolution of the City Council of the City of Rohnert Park for Consideration of Adopting a Resolution Authorizing the City Manager to Execute a Memorandum of Understanding with the National Recreation and Parks Association (NRPA) for Grant Funds Totaling $70,845 for Purchase of an 8- Passenger Senior Center Van and Tot Lot Play Equipment for Eagle Park 10. 2014 -182 Authorizing and Approving the Residential Purchase Agreement and Joint Escrow Instructions, as Modified by an Addendum and Counter Offers, For The Sale Of 7668 Beverly Drive To Cameron Murphy 11. 2014 -183 Authoring and Accepting a Grant from the State of California Department of Alcoholic Beverage Control for Grant Assistance Program Funds and Approving the Director of Finance to Increase General Fund Program Budget Appropriations and Make any Administrative Adjustments Necessary to Execute the Agreement 12. 2014 -184 Authorizing and Approving the Director of Finance to Increase General Fund and Asset Forfeiture Special Revenue Fund Appropriations and Make any Administrative Adjustments Necessary to Fund Specified Public Safety Repairs and Equipment, to be Reimbursed by Asset Forfeiture Special Revenue Funds E. Ordinances for Adoption: 1. No. 881 An Ordinance of the City Council of the City of Rohnert Park, California, approving the Prezoning and Amending the Zoning Map for the Northwest Specific Plan Area Located South of Millbrae Avenue, West of Dowdell Avenue, North of Business Park Drive, and East of Langner Avenue in Sonoma County, CA 2. No. 882 An Ordinance of the City Council of the City of Rohnert Park, California, Approving an Amendment to the Development Agreement Between the City of Rohnert Park and Redwood Equities LLC for Development of the Property Located South of the Canon Manor Specific Plan Area, West of Petaluma Hill Road, and North of Valley House Drive (APN 047 - 111 -030) City of Rohnert Park Joint Regular Meeting Agenda December 09, 2014 for City Council /RPFA /CDC Successor Agency Page 4 of 5 F. Re- appointment of Paul Libeu -to Serve as the Rohnert Park Citizen Representative on the Board of Trustees for the Marin/Sonoma Mosquito & Vector Control District for a Two -year Term to Expire December 31, 2016 Council Motion /roll call vote 6. Adopt Ordinance Authorizing the Implementation of a Community Choice Aggregation Program, Approve Resolution Requesting Sonoma Clean Power to Act as Community Choice Aggregator on Behalf of the City of Rohnert Park, and Consider Filing Notice of Exemption from CEQA Regarding Participation in Sonoma Clean Power A. Staff Report B. Public Comment C. Ordinance for Adoption: 1. No. 883 An Ordinance of the City Council of the City of Rohnert Park, California Authorizing the Implementation of a Community Choice Aggregation Program a. Council motion /discussion /roll call vote (Belforte_ Mackenzie_ Stafford_ Ahanotu_ Callinan_) D. Resolution for Adoption: 1. 2014 -185 Requesting that the Sonoma Clean Power Authority Act as a Community Choice Aggregator on Behalf of the City of Rohnert Park and Implement the Sonoma Clean Power Community Choice Aggregation Program within the City of Rohnert Park a. Council motion /discussion /vote 7. CEREMONY FOR INSTALLATION OF NEWLY ELECTED CITY COUNCILMEMBERS AND INSTALLATION OF OFFICERS FOR THE YEAR 2015 A. Installation of Newly Elected Councilmembers 1. Administration of Oaths of Office 2. Presentation of Certificates of Election B. Reflection 2014 1. Year's Highlights (slide show) 2. Mayor's Comments 3. Councilmembers' Comments C. Presentation to Mayor Joseph T. Callinan for 2014 Year as Mayor D. Installation and Confirmation of Mayor Ahanotu and Vice Mayor Belforte for 2015 E. Vision 2015 1. Mayor's Comments 2. Councilmembers' Comments 8. ADJOURNMENT REFRESHMENTS FOLLOWING THE CITY COUNCIL MEETING City of Rohnert Park Joint Regular Meeting Agenda December 09, 2014 for City Council /RPFA /CDC Successor Agency Page 5 of 5 NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be considered earlier or later than the time indicated depending on the pace at which the meeting proceeds. If you wish to speak on an item under discussion by the Council which appears on this agenda, after receiving recognition from the Mayor, please walk to the rostrum and state your name and address for the record. Any item raised by a member of the public which is not on the agenda and may require Council action shall be automatically referred to staff for investigation and disposition which may include placing on a future agenda. If the item is deemed to be an emergency or the need to take action arose after posting of the agenda within the meaning of Government Code Section 54954.2(b), Council is entitled to discuss the matter to determine if it is an emergency item under said Government Code and may take action thereon. DISABLED ACCOMMODATION: If you have a disability which requires an interpreter or other person to assist you while attending this City Council meeting, please contact the City Clerk's Office at (707) 588- 2227 at least 72 hours prior to the meeting to ensure arrangements for accommodation by the City. Please notify the City Clerk's Office as soon as possible if you have a visual impairment requiring meeting materials to be produced in another format (Braille, audio -tape, etc.) AGENDA REPORTS & DOCUMENTS: Copies of all staff reports and documents subject to disclosure that relate to each item of business referred to on the agenda are available for public inspection at City Hall located at 130 Avram Avenue, during regular business hours, Monday through Friday from 8:00 am to 5:00 pm. Any writings or documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will also be made available for inspection at City Hall during regular business hours. CERTIFICATION OF POSTING OF AGENDA I, Carrie Willis, Deputy City Clerk for the City of Rohnert Park, declare that the foregoing agenda for the December 9, 2014, Joint Regular Meeting of the Rohnert Park City Council /RPFA was posted and available for review on December 4, 2014, at Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, California 94928. The agenda is also available on the City web site at www.rpcity.org, Executed this 4t' day of December, 2014, at Rohnert Park, California. Carrie Willis, Deputy City Clerk CEREMONY ]FCC][ INSTALLATION OF OFFICERS FOR THE YEAR 2015 aHHEPT Pqr 1� 6a CALfRORA11�' INSTALLATION OF NEWLY ELECTED CCU U N ILM EIY BERS 1. AMY O. AHANOTU 11. PAM STAFFORD REFLECTIONS 2014 I. YEAR'S HIGHLIGHTS (SLIDE SHOW) IL MAYOR'S COMMENTS 111. COUNCIL MEMBERS' COMMENTS PRLSENTATION TO MAYOR I. PRESENTATION TO MAYOR JOSEPH T. CALLINAN FOR 2014 YEAR AS MAYOR INSTALLATIO N AND CONFIRMATION CAE MAYOR AND VICE MAYOR FOR 2015 I. MAYOR AMY O. AHANOTU IL VICE MAYOR GINA BELFORTE VISION 2015 I. MAYOR'S COMMENTS I1. COUNCIL MEMBERS' COMMENTS ADJOURNMENT REFRESHMENTS FOLLOWING Item No. 3.A UJQ 4C 4, t;erttottocate fit jecriff 0orrorirrg ROHNERT PARK CAL RIPKEN YOUTH BASEBALL TEAM, STORM for winning the 2014 Fall Ball Championship As Mayor, and on behalf of the City Council of the City of Rohnert Park, I do hereby recognize and honor the Rohnert Park Cal Ripken Youth Baseball Team, Storm. We congratulate the team for their recent championship win and give special recognition to them for their came -from- behind victory. The team went into the Championship in last place and came out victorious after playing an exceptional game. We appreciate team Storm's winning attitude and commend them for rallying to victory by being `on the ball.' Signed this 9th day of December, 2014 - _ M E R PK N By' ,�o�e�� �. �a�rtriana f�lapor Item No. 3.B LE J er rR�k0ii Gs ORN1A te of 0orrorirrg TY FRANCIS O'DONNELL for Achieving the Rank of Eagle Scout As Mayor, and on behalf of the City Council of the City of Rohnert Park, I do hereby recognize and honor Ty Francis O'Donnell for achieving the rank of Eagle Scout, the highest rank in the Boy Scouts of America organization. The mission of the Boy Scouts of America is to prepare young people to make ethical and moral choices over their lifetimes by instilling in them the values of the Scout Oath and Law. The Boy Scouts of America encourages Eagle Scout candidates to complete worthy projects to help improve their neighborhoods and their community. We commend Ty for achieving the prestigious rank of Eagle Scout. Signed this 9`" day of December, 2014 HA Item No. 5.B.1 ROHNERT PARK FINANCING AUTHORITY CASH REPORT TO: The Chairman and Board Members of the FROM: Betsy Howze Rohnert Park Financing Authority Finance Director Executive Director Darrin Jenkins City & Authority Attorney DATE: November 19, 2014 CASH BALANCES AS OF OCTOBER 31, 2014 1999 C.O.P.'s- Capital Facilities Project: Lease Payment Fund -1999 C.O.P.'s 0.76 2003 Lease Revenue Refunding Bonds: Lease Revenue Refunding Bonds - Revenue Fund 1.06 Lease Revenue Refunding Bonds - Project Fund 0.16 2005 Sewer System R.C.O.P.'s Funds: Certificate Payment.Fund 1.50 Revenue Bond Account Fund (1) 100.81 TOTAL ROHNERT PARK FINANCING AUTHORITY CASH $104.29 (1) Appropriated for sewer projects CASH DISTRIBUTION AS OF OCTOBER 31, 2014 CASH HELD BY FISCAL AGENTS: Maturity Interest Investment Institution Date Rate Source of Par Value Market Value Valuation 1999 C.O.P.'s Capital Facilities Protect Funds: Union Bank 1999 C.O.P.'s Lease Payment Fund: Blackrock Prov Tfund N/A 0.010% $0.76 $0.76 Note (1) Total $0.76 $0.76 1999 C.O.P.'s Capital Project Fund: Union Bank Local Agency Investment Fi N/A 0.000% $0.00 $0.00 Note (1) Blackrock Prov Tfund N/A 0.010% 0.00 0.00 Note (1) Total $0.00 $0.00 2003 Lease Revenue Refunding Bonds: Lease Rev Refdg Bds- Revenue Fund: Blackrock Prov Tfund N/A 0.010% 1.06 $1.06 Note (1) Lease Rev Refdg Bds- Project Fund: Blackrock Prov Tfund N/A 0.010% $0.16 $0.16 Note (1) Total $1.22 $1.22 2005 Sewer System RCOP's Funds: Certificate Payment Fund: Blackrock Prov Tfund N/A 0.010% $1.50 $1.50 Note (1) Interest Fund: Blackrock Prov Tfund N/A 0.010% $0.00 $0.00 Note (1) Delivery Cost Fund: Blackrock Prov Tfund N/A 0.010% $0.00 $0.00 Note (1) $1.50 $1.50 2005 Sewer System Revenue Bond Funds: Exchange Bank Money Mkt N/A 0.070% $100.81 $100.81 Note (2) TOTAL ROHNERT PARK FINANCING AUTHORITY CASH Investment Yield for October, 2014 0.068% INVESTMENT POLICY & SUFFICIENT FUNDS DISCLOSURES The investments above are in compliance with the investment policy of the City of Rohnert Park as outlined in the City of Rohnert Park City Council Resolution #2006 -105, adopted on April 25, 2006. The Authority currently has sufficient idle funds to meet it's expenditure requirements for the next six months. Note(1) The source of valuation for this investment is the October 31, 2014 Union Bank Trust Statements. However, the Par Value and Market Value are typically the same as interest is credited and paid monthly. Note(2) The source of valuation for this investment is the October 31, 2014 Exchange Bank Statement. However, the Par Value and Market Value are typically the same as interest is credited and paid monthly. $0.76 0.00 1.22 1.50 100.81 $104.29 HOUSING SUCCESSOR AGENCY OF THE CITY OF ROHNERT PARK CASH REPORT TO: The Chairman and Membors of the Community Housing Successor Agency °of the City of Rohnert Park Executive Director Darrin Jenkins City /Successor Agency Attorney FROM: Betsy Howse Finance Director DATE: November 24, 2014 Item No. 5.B.2 CASH BALANCES: AS OF OCTOBER 31, 2014 Low & Moderate Income Housing 150,743.79 Housing Fund (2007H TABs) (1) 13,757,179.22 Debt Service Fund (2007H TABs) 0.73 TOTAL HOWIN.G SUCCESSOR AOLNCY CAST $13,907,923.74 ffis % (1) Appropriated for debt service payments and ROPS obligations CASH DISTRIBUTION AS OF OCTOBER 31, 2014 Checking Accounts: Interest Rate Exchange Bank Checking Acc #44042 0.03% $ 150,743.79 CASH HELD BY FISCAL AGENTS: Investment Maturity Interest Source of Investment Institution Type Date Rate Par Value Market Value Valuation 2007H TAB'S Union Bank - Trustee 2007H Redevelopment Project Fund (Housing) Tax Allocation Bonds: Blackrock Prov Tfund Treas. Note N/A 0.010% 13,757,179.22 13,757,179.22 Note (1) 2007H Tax Allocation Bonds Special Fund: Blackrock Prov Tfund Treas. Note N/A 0.010% 0.73 0.73 Note (1) 2007H Tax Allocation Bonds Interest Fund: Blackrock Prov Tfund Treas. Note N/A 0.010% 0.00 0.00 Note (1) 2007H Tax Allocation Bonds Cost Of Issuance Fund: 0.00 Blackrock Prov Tfund Treas. Note N/A 0.010% 0.00 0.00 Note (1) 13,757,179.95 13,757,179 95 13,757,179.95 TOTAL HOUSING SUCCESSOR AGENCY CASH $13,907,923.74 Investment Yield for October, 2014 0.010% INVESTMENT POLICY & SUFFICIENT FUNDS DISCLOSURES The investments above are in compliance with the investment policy of the Housing Successor Agency of the City of Rohnert Park as outlined in the City of Rohnert Park City Council Resolution #2006 -105, adopted on April 25, 2006. The Commission currently has sufficient idle funds to meet it's expenditure requirements for the next six months. Note(1) The source of valuation for this investment is the October 31, 2014 Union Bank Trust Statements Item No. 5.B.3 REDEVELOPMENT SUCCESSOR AGE VCY OF THFtiTY OF RQ ER' PARK CASH REPORT TO: The Chairman and Members of the Community FROM: Betsy Howze Redevelopment. Successor Agency of the City of Rohnert Park. '° Finance Director Executive Director Darrin Jenkins City /Agency Attorney DATE: November 24, 2014 CASH BALANCES AS OF OCTOBER 31 2014 m , RPTTF Funds(1) Debt Service Special Fund (2001 TARBs) (2) Redevelopment Fund (1999 TABs) (3) Debt Service Reserve Fund (1999 TABs) (2) Redevelopment Fund (2007R TABs) (3) Debt Service Fund (2007R TABs) (1) 307,582.71 * 120.63 * 627,521.51 1,756,799.03 5,694,769.46 0.91 TOTAL REDEVELOPMENT SUCCESSOR. AGENCY CASH $8,386,794.25 (1) Appropriated for debt service payments & ROPS obligations. (2) Required minimum debt service reserves. (3) Tax Allocation Bond Proceeds establishes certain covenants with the bondholders for the use of bond proceeds. Use of proceeds will be determined in accordance with federal tax law and AB1484. CASH DISTRIBUTION AS OF OCTOBER 31, 2014 Checking Accounts: Interest Rate Exchange Bank Checking Account #44042 0 03 % Investment Accounts: Investment Maturity Interest Investment Institution Type Date Rate Par Value Market Value Source of Valuation $ 307,558.03 State of Calif. -LAIF Pooled Invs. N/A 0246% 9.22 9.22 Note (1) Sonoma Co Investment Pool Pooled Invs N/A 0559% 15.46 15.46 Note (1) 2468 24.68 24.68 CASH HELD BY FISCAL AGENTS: Investment Maturity Interest Investment Institution Type Date Rate Par Value Market Value 2001 TARB'S Union Bank - Trustee Tax Allocation Refunding Bonds Special Fund: Blackrock Prov Tfund N/A 0 010 % 12063 12063 Note (2) Interest Fund: Blackrock Prov Tfund Treas Fund N/A 0 010 % 000 000 Note (2) Principal Fund: Blackrock Prov Tfund Treas Fund N/A 0 010 % 000 0.00 Note (2) 120.63 12063 120.63 1999 TAB'S: Union Bank- Trustee 1999 Tax Allocation Bonds Redevelopment Fund: Blackrock Prov Tfund Treas Note N/A 0 010 % 627,521 51 627,521.51 Note (2) Treas Note N/A 0 010 % 000 000 Note (2) Total 1999 Tax Allocation Bonds Redevelopment Fund 627,521 51 627,521 51 627,521.51 Union Bank - Trustee 1999 Tax Allocation Bonds Reserve Fund: Blackrock Prov Tfund Treas Note N/A 0 010 % 1,756,798 94 1,756,798.94 Note (2) Corporate Obligations- Reserve Fc Cert of Deposit N/A 0 000 % 000 000 Note (2) 1999 Tax Allocation Bonds Special Fund: Blackrock Prov Tfund Treas Note N/A 0 010 % 009 009 Note (2) Total 1999 Tax Allocation Bond Fund 1,756,799.03 1,756,799.03 1,756,799.03 2007R TAB'S Union Bank - Trustee 2007R Redevelopment Fund Tax Allocation Bonds: Blackrock Prov Tfund Treas Note N/A 0 010 % 5,694,769 46 5,694,769 46 Note (2) 2007R Tax Allocation Bonds Special Fund: Blackrock Prov Tfund Treas Note N/A 0 010 % 0 91 0 91 Note (2) 2007R Tax Allocation Bonds Interest Fund: Blackrock Prov Tfund Trees. Note N/A 0-010% 0.00 0.00 Note (2) 2007R Tax Allocation Bonds Cost of Issuance Fund: Blackrock Prov Tfund Treas. Note N/A 0010% 000 000 Note (2) Tntal 2007R Tax Allocation Bonds Fund 5,694,770 37 5,694,770.37 5,694,770.37 TOTAL REDEVELOPMENT SUCCESSOR AGENCY CASH $8,386,794.25 Investment Yield for October, 2014 0.010% INVESTMENT POLICY & SUFFICIENT FUNDS DISCLOSURES The investments above are in compliance with the investment policy of the Development Successor Agency of the City of Rohnert Park as outlined in the City of Rohnert Park City Council Resolution #2006 -105, adopted on April 25, 2006. Due to the dissolution of the redevelopment agencies by the State of California, The funds to meet the agency's expenditures will by determined by the County audit. Note (1) The source of valuation for these investments is their respective monthly statements. The Par Value and Market Value for these investments are typically the same as interest is paid or wired monthly. Note(2) The source of valuation for this investment is the October 31, 2014 Union Bank Trust Statements City of Rohnert Park Preliminary Cash Report As of October 31, 2014 To: The Honorable Mayor & Members of the City Council City Manager Darrin Jenkins Summary of General Fund Cash Total General Fund Cash Restricted (External) Committed (City Council Action) Assigned (City Manager Authority) Subtotal (not available to spend) Unassigned Restricted Detail: Refundable Deposits Reserve For Housing Program Reserve for Senior Center Donations Assigned Detail: General Fund Reserve Self Insurance Loss Reserve General Fund Endowment Reserve Reserve For Retiree Employee - Medical Infrastructure Reserve 6rit*' ofiie f find Cash Water Utility Operations Fund Per Acre For Development Fee Fund Sewer Utility Operations Fund Sewer Capacity Charge Fund Garbage Utility Operations Fund JEPA Deposit - Wastewater Total Enterprise Fund Cash Interpa1 Service Fund Cash Vehicle /Equipment Replacement Fund Information Technology Fund Fleet Services Fund Total Internal Service Fund Cash _ psclal .Revenue Funds - Gas Tax Funds: Sec. 2107 Maint. /Const. Sec. 2107.5 Engineering Graton Mitigation Fund Graton Special Enforcement Activity Problem Gambling MOU 3.2 Fund Casino Waterway MOU 3.3 Fund Casino Public Service MOU 3.4.2 Fund Casino Supplemental MOU 3.4 Fund Page 1 of 3 $ 1,247,645.22 7,055, 797.44 $ 1,061,232.68 80,196.00 106,216.54 $ 1,247,645.22 $ 2,439,584.55 1,062,599.95 358,620.94 2,578,992.00 616,000.00 $ 7,055,797.44 Item No. 5.B.4 From: Betsy Howze Finance Director Date: December 1, 2014 $ 8,928,536.22 8,303,442.66 $ 625,093.56 $ 5,420,605.69 411,158.12 10,677,518.51 1,094.46 683,535.39 500, 435.38 $ 17,694,347.55 $ 198,874.55 80,886.22 78,641.26 $ 358,402.03 $ 2,530,977.31 64.78 1,195,474.94 292,219.27 62,518.42 25,007.36 1,184,849.05 2,500,744.25 City of Rohnert Park Preliminary Cash Report (Continued) As of October 31, 2014 Special Revenue Fund= ',( a`nti. ued) 6.6.2 - Wilfred JEPA Fund Measure M Streets Fund Refuse Road Impact Fee Fund Traffic Signals Fund Prop 1 B Fund Copeland Creek Drainage Fund Capital Outlay Fund Public Facilities Finance Fee Fund (2) DIVCA AB2987 /PEG Fees Fund Traffic Congestion Relief Fund Rent Appeals Board Fund Alcohol Beverage Sales Ordinance #70 Fund Vehicle Abatement Fund Traffic Safety Fund General Maintenance Fee Revenue Fund Spay and Neuter Fee Special Revenue Fund Federal Asset Forfeiture Special Revenue Fund State Asset Forfeiture Special Revenue Fund SLESF Fund Prop M Fire Assessment Total Special Revenue Funds ,Capital Project Funds, 9 . '0 � City Capital Projects Wilfred Dowdell Specific Plan Mitigation Program Water & Sewer Enterprise Capital Projects Cash with Fiscal Agent -In Lieu of Retention Total Capital Projects Funds F %46 'crust & Agency Fundlim Special Enforcement Unit -South Performing Arts Center Endowment Fund (3) Calif Employee Retiree Benefit Trust -CERBT Cash with Fiscal Agent (2002C CSCDA Wastewater Revenue Bonds) Total Trust & Agency Funds Total Cash All City Funds (2) $4,928,702.28 is appropriated for the Eastside Sewer Trunk Phase II $ 288,383.87 456,417.65 414, 422.34 498, 747.23 41.76 54,111.18 210,955.05 4, 510, 583.47 281, 712.47 215,991.89 106,473.77 92,766.23 324,008.53 264,323.32 378,856.96 95, 382.18 42,999.07 90,432.59 136,884.76 119,969.97 $ 16,375,319.67 $ (656,471.32) 4,786.00 948,487.47 643, 478.40 $ 940,280.55 772,892.17 1,200,075.54 3,844,465.05 0.24 5,817,433.00 $ 50,114,319.02 (3) Per the 1st amendment to the Dorothy Spreckels 1999 Trust, Section 3.4.1; $500,000 is "to be held as an endowment fund. The income of the fund (but no part of the principal or appreciation thereof, realized or unrealized) shall be used for the general charitable purposes of the City of Rohnert Park's Dorothy Rohnert Spreckels Preforming Arts Center." Page 2 of 3 CITY OF ROHNERT PARK - SCHEDULE OF INVESTMENTS AS OF OCTOBER 31, 2014 POOLED INVESTMENT SUMMARY BY TYPE 0.010% Maturity % Investment_ Investment Valuation Bank Name Type Date Int. Par Value Market Value 0.010% Exchange Bk Recreation Checking Ckg N/A 0030% $ 125,191.35 $ 125,191 35 Note (1) Exchange Bk Operating Checking Ckg N/A 0030% 7,132,922.65 7.132.922.65 Note (1) Total Business Checking Accounts 2005A CSCDA WIW Rev Bonds - Principal Fd. $3,626.00 0.030% $ 7,258,114.00 $ 7,258,114.00 Note (5) Petty Cash Cash N/A 0.000% $ 3,626.00 $ 3,626.00 Note (2) FHLMC (Callable 09126114) M.T.N. 03/26/18 1 375% $ 1,003,438 66 $ 1,005,278 66 Note (1) FHLB (Callable 10 /16114) M.T.N. 01/16/18 1325% 1,000,000.00 1,000,86000 Note (1) FFCB (Callable 06 /11/15) M.T.N. 06/11/18 1430% 1,000,00000 1,004,12000 Note (1) FHLB (Callable 8/28/15) M.T.N. 02/28/17 0838% 1,000,000 00 998,250 00 Note (1) FFCB (Callable 8/18115) M.T.N. 08/18/17 1 070% 1,500,000 00 1,500,720 00 Note (1) Total M.T.N Investments Escrow NIA 0.450% 1.208% $ 5,503,438.66 $ 5,509,228.66 Total Dedicated Portfolios WFS Park Natl Bank CD 08/22/16 0.850% $ 250,000 00 $ 248,611 75 Note (1) WFS Ally Bank CD 08/22/16 0900% 248,000 00 246,900 12 Note (1) WFS Comenity Capital Bank CD 08/18/16 0800% 250,000 00 249,055.75 Note (1) WFS Synovus Bank CD 08/15/16 0.800% 249,000.00 248,078.45 Note (1) WFS Peoples United Bank CD 08/22/16 0850% 248,000.00 246,669 23 Note (1) WFS Discover Bank CD 08/22/16 0.900% 248,000 00 246,900 12 Note (1) WFS Goldman Sachs Bank CD 08/22/16 0 800 % 249,000 00 247,568.00 Note (1) WFS GE Capital Bank CD 08/22/16 0850% 248,000 00 246,623 10 Note (1) WFS Merrick Bank CD 08/29/16 0850% 250,000.00 249,219.75 Note (1) WFS Bank Leumi USA NY CD 09/12/16 0.800% 243.000.00 246,903.84 Note (1) Total CD Investments 0.840% $ 2,488,000.00 $ 2,476,530.11 State of Calif. -LAIF Pooled N/A 0 261 % $ 7,313,546 98 $ 7,313,546 98 Note (3) So. Co. Investmt. Pool Pooled N/A 0559% 21,958,344.86 21,958,344.86 Note (4) Total Managed Pools 0.410% $ 29,271,891.84 $ 29,271,891.84 Subtotal(See Pooled Investment Summary below) 0.471% $ 44,525,070.50 $ 44,519,390.61 2002C WANW Revenue Bonds Project Acct. POOLED INVESTMENT SUMMARY BY TYPE 0.010% 000 000 Note (5) 2002C WIWW Revenue Bonds Inst Pmt Acct. 0.010% 0.24 0.24 Note (5) 2005A CSCDA W/W Rev Bonds - Clearing A/C 0.010% 007 007 Note (5) 2005A CSCDA WIW Rev Bonds - Revenue A/C Par Value 0.010% 000 000 Note (5) 2005A CSCDA W/W Rev Bonds- Interest Fund 7,258,114.00 0.010% 0 12 0 12 Note (5) 2005A CSCDA WIW Rev Bonds - Principal Fd. $3,626.00 0.010% 024 0.24 Note (5) 2005A CSCDA WIW Rev Bonds Inst Pmt Acct. 5,503,439 0.010% 0.98 0.98 Note (5) 2005A CSCDA W/W Rev Bonds - Project Acct. 2,488,000 0.010% 198,909.67 198,909 67 Note (5) Total Revenue Bonds 29,271,892 0.010°/ $ 198,911.32 $ 198,911.32 20 Ca Employee Retirement Benefit Trust Trust NIA 0.000% $ 3,844,465.05 $ 3,844,465 05 Note (9) FHLB Callable 10117114 (PAC Endowment) M.T.N. 10/17117 1.350% 251,687 50 252,102 50 Note (6) Wilfred Widening Construction Dep M.M. NIA 0.070% 150,270,87 150,270 87 Note (7) JEPA Deposit Ckg NIA 0.070% 500,435 38 500,435 38 Note (8) California Bank of Commerce Escrow NIA 0.450% 643,478 40 .................. 643,478.40 Note (10) Total Dedicated Portfolios $ 5,390,337.20 $ 5,390,752.20 Totals $ 50,114,319.02 $ 50,109,054.13 Note (1) Investments in Medium Term Notes, Certificates of Deposits, checking and savings accounts are current book value as of October 31, 2014 as presented. Note (2) Petty Cash kept in cash drawers at each City cash collection site. Note (3) These are funds invested in the Local Agency Investment Fund, State of California. Current Market Value and Par Value are typically equal. Interest is received quarterly. Note (4) These are funds invested in the Sonoma County Investment Pool. Current Market Value and Par Value are typically equal. Interest is received quarterly. Note (5) These funds are being held by Union Bank of California acting as a Trustee and Agent for the City of Rohnert Park. The current market values and interest rates are from the monthly statements from Union Bank. Note (6) These are PAC Endowment Trust investments in a medium term note. Interest is compounded on investment. Note (7) These funds are held as a deposit from Graton Tribe for Wilfred Widening project. Note (8) These funds are held as a deposit per section 6.1.1 of the Graton Wastewater JEPA. Note (9) These funds are held by CAL -PERS acting as a Trustee and Agent for the City of Rohnert Park's employee medical retirement benefit. Note (10) These funds are held by California Bank of Commerce per Escrow Agreement between the City and DeSilva Gates Construction in lieu of retention on Wilfred Avenue Improvements, Contract 2010.05. Page 3 of 3 POOLED INVESTMENT SUMMARY BY TYPE October 31, 2014 # of % Of Avg. Average Investment Type Invmnts Portfolio YTM Par Value Market Value Days TM Business Checking 2 16.30% 0.030% S 7,258,114.00 S 7,258,114.00 1 Petty Cash 1 0.01% 0.000% $3,626.00 $3,626.00 0 MTNs -Banks 5 12.36% 1.208% 5,503,439 5,509,229 1,121 CDs -Banks 10 5.59% 0.000% 2,488,000 2,476,530 663 Managed Pools(LAIF /SLIP) 2 65.74% 0.410% 29,271,892 29,271,892 1 20 100 % $ 44,525,071 $ 44,519,391 Page 3 of 3 CITY OF ROHNERT PARK BILLS FOR ACCEPTANCE December 9, 2014 Check Numbers: 222659- 222849 Dated: November 19, 2014 - December 3, 2014 Item No. 5.B.5 TOTAL $1,235,526.52 ral N M N r O� M r O � O1 M O N N M W ^ M c0 C oo �O N N V 7 O� 7 d' N l� O� �O v1 �n 7 O c� O O N M O O N W W M ^ r�l ^ �n 1� 7 N r- Q1 3',- L` d1 O U U U U U U U U C F N N ti y N N b b F G a a u ai ai ai -GCL' a s t L n °v G v v N y E E y H T N u U ET, ¢ O O OG N N H H 0 0 ti D t .0 cGa ICd = Cd T T T T ti v 0 Q p 0 Q p 0 p 0 Q p 0 Q a 0 Q a 0 ¢ 0 Q E cl m ro o W F 0.1 F GL1 C W G W c W c G 7 7 7 O O 7 o a Y o 3¢ o a� o 3¢ u a� o 3 Q u a� o 3 Q v a� o 3 a u o 3 Q 3¢ 3 b b b b b b b b b b G G C G G G G G G G C C F F C G 7 7 w w 7 7 w w O 7 w w G G w w O G w w 7 7 w w 7 7 w w 7 G w w .�- N N N N N N N N N N N 4J N N N N C A d t cd ro a rn o rq .- c3 � � � v v v v� C� % o p o Cl 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 7 N N N N N N N N N N N N N N N N N O, O O � L 7 n to to Q� Vl O O to to ^ 0 0 N N 0 0 M M 0 to 7 o to n to to to lo U N y C y to �o �o to to to to to to to to to to to to to N N 1-r U � 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 , D p., U N N N N N N N N N N N N N N N N N O a� rn m a I E OI E cd z 0 E z 0 V d E z c w d A 1 L V L N E 0 z Y u L U '4 N - It 10 O oo V V 10 Cl O O O O O M N N N 7 N 7 V N 7 0-, oo , O, lD IO M O 00 00 00 r O O O O O C - N �n Vl M lD �D lD r 00 M U N Ul �n t� N V'1 N 00 01 ON 00 00 m 00 00 O O W 00 10 V t w �c � 00 D\ M w N M 'O -- r r V1 C\ D\ O+ O O Cl O O O V'1 V1 00 00 N M N N '. 00 M N N <r v v v It It v d• Izi-'I v v v v� It v� v v v v li 0 0 0 0 0 0 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 0 0 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 a T O O �n v'i vi r r M r 7 r 7 r Vr 1 1r 0 1r 0 1r 0 1r 0 �r O � r 1r 0 1r 0 � r b r 1r 0 � 10 10 b 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 01 N O O r N 0 N N m IL c� id id id C C id G 7 c; id cd C O 7 0 0 a �D� U U id 3 U v U U�l m U U o U �'E'E E E'E'� 2 aci aci aci aci ,3, aGi aci aci aci aci aci aCi 0 C7C7C7C7C7 CIO E E G. 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M M M O O n M N 'fl O U U F F C G O O id a i itl cd O H F H F ti U U U >> U U PG �, ou ro G �n N ai cGa G p 0 O O O O U G C `d �a ro O °J U U 0 0 ro g E� u a 0 z q'3 23 GJ N x x L L L N N O O O O 3 3 3 3 3 3 Q 3 3 Q E E E G LC z o QQQ(U U U U T 7 > N CL CL (Y O Q � z �oamm A L p C v! d3 2i i j a o w 10 , (� 7 O U ¢ 3 V) (�5 3 a c7 ° wL b C 7 G G 7 G c c c Y o:3 o o �'- z ca —ca Y Y CL CL CL W 3 3 U U U C7 C7 C7 C7 C7 a rn 0 N v A O O O O O O O O O o o N 1 N N N N N N N N N N M U M M M M M M M M M M 0 L CL L a u A W E ti 7 x U 00 00 O, ca u 000 000 000 000 0000 0.0 0000 0000 0000 0000 U z V N N N N N N N N N N N 0 N N m (6 CL Item No. 5.B.6 SUCCESSOR AGENCY OF THE CITY OF ROHNERT PARK BILLS FOR ACCEPTANCE December 9, 2014 Check Numbers: 222670 $ 199.84 222725 $ 11.96 222764 $ 159.85 222776 $ 1,476.98 222839 $ 2,791.75 Dated: November 19, 2014 - December 3, 2014 TOTAL $ 4,640.38 & � � a cq \ _ \ P. 2 , \ � e } ) lu 0 0 ) ) \ \ \ u § ( \ \ \ \ ) ~ ) ( d 7 4 § C 2 \ \ \ 0 ) A ) 0 \ ) ƒ \ ƒ R @ ) 2 2 / / \ g § j § 2 a ) f /// u u u u u u = / \ u / u r u/ 2 u \ \ \ \ \ \ \ 0 & b m ¢ ( : c c = c / / 0 / \ / \ § % Q ® 2 / a 8 = j z z z j j z }) j @ 2 _ ® � \ � « M / c CD » C) 2 Cl CD « k \ � � \ / \ \ \ \ / � w � � f / q \ 7 % \ I U / \ / j \ § j \ § rq § R \ & � � RoKxF er pq p� ITEM NO. 5.C.1 Mission Statement '� 5z "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow. " i ITEM NO. 5.C.1 On December 1, 2014, the Oversight Board adopted Resolution No. OSB 2014 -10, authorizing and directing the transfer of all former CDC housing assets to be transferred to the City. DISCUSSION: Although the Dissolution Act provides that all housing assets transferred to the City upon the dissolution of RDAs on February 1, 2012, some title companies are requiring that the Oversight Board formally authorize and direct the transfer of the housing assets. The Oversight Board has already acted to approve and direct the transfer. By approving this Resolution, the City Council as Governing Board of the Successor Agency would be consenting to the transfer, as directed by the Oversight Board. This would satisfy the requirements of title companies insuring title to the former CDC properties. Without this Resolution authorizing the transfer, title companies will not insure the title of these properties, which will prevent their disposition. This would severely limit the ability of the City to act as the successor to the housing functions of the former CDC, in accordance with the Dissolution Act. OTHER OPTIONS CONSIDERED Another option is to not approve the resolution consenting to the transfer of the properties. This option would significantly restrict the City's ability to act as successor to the housing assets and functions of the former CDC, by preventing the disposition of such housing assets as appropriate under the Dissolution Act. City Manager Approval Date: 12/2/2014 Successor Agency Counsel Approval Date: 11/24/2014 Attachments (in packet order): 1. Housing Asset List 2. DOF Housing Asset List Approval Letter dated August 29, 2012 3. Resolution OSB 2014 -10: A Resolution of the Oversight Board for the Successor Agency to the Community Development Commission of the City of Rohnert Park Authorizing and Directing the Transfer of All Housing Assets to the City of Rohnert Park 4. Resolution 2014 -170: A Resolution of the City Council of the City of Rohnert Park as Successor Agency to the Community Development Commission of the City of Rohnert Park Authorizing the Transfer of All Former Community Development Commission Housing Assets to the City of Rohnert Park ATTACHMENT 1 DEPARTMENT OF FINANCE HOUSING ASSETS LIST ASSEMBLY BILL X1 26 AND ASSEMBLY BILL 1484 (Health and Safety Code Section 34176) Former Redevelopment Agency: Community Development Commission of the City of Rohnert Park Successor Agency to the Former Redevelopment Agency: City of Rohnert Park Entity Assuming the Housing Functions of the former Redevelopment Agency: City of Rohnert Park Entity Assuming the Housing Functions Contact Name: Linda T. Babonis Title Economic Development Mgr. Phone (707) 588 -2233 Entity Assuming the Housing Functions Contact Name: Cathy Orme Title Director of Finance Phone (707) 585 -6717 E -Mail Address Ibabonis@rpcity.org E -Mail Address corme@rpcity.orq All assets transferred to the entity assuming the housing functions between February 1, 2012 and the date the exhibits were created are included in this housing assets list. The following Exhibits noted with an X in the box are included as part of this inventory of housing assets: Exhibit A - Real Property Exhibit B- Personal Property Exhibit C - Low -Mod Encumbrances Exhibit D - Loans /Grants Receivables Exhibit E - Rents /Operations Exhibit F- Rents Exhibit G - Deferrals Prepared By: 0 0 0 Linda T. Babonis Date Prepared: 30-Jul-12 Exhibit A - Real Property City of Rohnert Park Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) a/ Asset types may include low -mod housing, mixed - income housing, low -mod housing with commercial space, mixed - income housing with commercial space. b/ May include California Redevelopment Law, tax credits, state bond indentures, and federal funds requirements. Construction Date of Interest in Is the property Date of or acquisition Construction Construction construction real property encumbered by transfer to cost funded or acquisition or acquisition or (option to Total Square footage a low -mod Source of low. Housing with Low -Mod costs funded costs funded acquisition purchase, Legal Title and Carrying Value square reserved for low- housing mod housing Successor Housing Fund with other with non -RDA by the easement, Item # Type of Asset a/ Description of Asset footage mod housing covenant? covenant b/ Agency monies RDA funds funds former RDA etc.) Single Family 746 Brett Avenue All Yes Sonoma Home County Community Appraised Value Development 1 at Purchase Unknown Commission 2/1/2012 $180,312 $0 $0 6/30/1998 Fee Simple Single Family 7982 Santa Barbara All Yes Sonoma Home Drive County Community Appraised Value Development 2 at Purchase Unknown Commission 2/1/2012 $176,534 $0 $0 6/30/1998 Fee Simple Single Family 7668 Beverly Drive Appraised Value All No Bond 3 Home at Purchase Unknown lCovenants 1 2/1/2012 1 $169,165 1 $0 $0 7/1/1999 Fee Simple Single Family 209 Burton Avenue Appraised Value All No Bond 4 Home at Purchase Unknown I Covenants 2/1/2012 $366,679 $0 1 1 $0 10/29/2003 Fee Simple Single Family 7783 Burton Avenue Appraised Value All No Bond 5 Home at Purchase Unknown Covenants 2/1/2012 $353,256 $0 $0 4/11/2003 Fee Simple Former City Hall 6750 Commerce Appraised Value 7,450 sq. ft. All Yes Bond Building Boulevard at Purchase gross and Covenants rentable 6 building 2/1/2012 $0 $1,137,170 $0 1 6/30/2008 Fee Simple Former Office 100 Avram Avenue Appraised Value 11,256 sq. All Yes Bond Building at Purchase ft. gross Covenants building area, 10,451 7 rentable 2/1/2012 $0 $1,434,802 $0 1/22/2008 1 Fee Simple Former Office 120 Avram Avenue Appraised Value 13,602 sq. All Yes Bond Building at Purchase ft. gross Covenants building area, 11,940 8 rentable 2/1/2012 $0 $1,776,026 $0 1/22/2008 Fee Simple Former Southwest 435 Southwest Appraised Value 6,230 sq. ft. All Yes Bond Fire Station Boulevard at Purchase gross Covenants 9 building 2/1/2012 $0 $989,526 $0 6/30/2011 Fee Simple Avram Housing Appraised Value Bond 10 Improvements Projects at Purchase N/A All Yes Covenants 2/1/2012 $0 $14,217 $0 6/30/2011 Fee Simple 11 12 13 14 15 16 17 18 19 20 a/ Asset types may include low -mod housing, mixed - income housing, low -mod housing with commercial space, mixed - income housing with commercial space. b/ May include California Redevelopment Law, tax credits, state bond indentures, and federal funds requirements. Exhibit B - Personal Property City of Rohnert Park Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) Item # Type of Asset a/ Description Carrying Value of Asset Date of transfer to Housing Successor Agency Acquisition cost funded with Low -Mod Housing Fund monies Acquisition costs funded with other RDA funds Acquisition costs funded with non- RDA funds Date of acquisition by the former RDA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 a/ Asset types any personal property provided in residences, including furniture and appliances, all housing - related files and loan documents, office supplies, software licenses, and mapping programs, that were acquired for low and moderate income housing purposes, either by purchase or through a loan, in whole or in part, with any source of funds. Exhibit C - Low -Mod Encumbrances City of Rohnert Park Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) a/ May include low -mod housing, mixed - income housing, low -mod housing with commercial space, mixed - income housing with commercial space. b/ May include California Redevelopment Law, tax credits, state bond indentures, and federal funds requirements. Construction or Total amount Is the property acquisition cost Construction Type of housing built Date contract for currently encumbered by funded with Construction or or acquisition Date of or acquired with Enforceable owed for the a low -mod Source of low. Current Low -Mod acquisition costs costs funded construction or enforceably obligated Obligation was Contractual Enforceable housing mod housing owner of Housing Fund funded with with non -RDA acquisition of Item # funds a/ executed counterparty Obligation covenant? covenant b/ the property monies other RDA funds funds the property Sonoma Sonoma County County Community Community City of Single Family Dwelling Development Development Rohnert 1 (746 Brett Avenue) 12/1/1997 Commission 120,000 Yes Commission Park $180,312 $0 $0 6/30/1998 Sonoma Sonoma County County Community Community City of Single Family Dwelling Development Development Rohnert 2 (7982 Santa Barbara Dr.) 12/1/1997 Commission 1 120,000 1 1 Yes Commission Park 1 $176,534 1 $0 1 $0 1 6/30/1998 Former City Hall City of (6750 Commerce Bond Rohnert 3 Boulevard) 4/1/2007 Bondholders 0 Yes Covenants Park $1,137,170 $0 6/30/2008 City of Former Office Building Bond Rohnert 4 (100 Avram Avenue) 4/1/2007 Bondholders 0 Yes Covenants Park $1,434,802 $0 1/22/2008 City of Former Office Building Bond Rohnert 5 (120AvramAvenue) 4/1/2007 Bondholders 1 0 Yes Covenants Park $1,776,026 1 $0 1 1/22/2008 Former Southwest Fire City of Station (435 Southwest Bond Rohnert 6 Boulevard) 4/1/2007 Bondholders 0 Yes Covenants Park $989,526 $0 6/30/2011 7 8 9 10 11 12 13 14 15 16 17 18 19 20 a/ May include low -mod housing, mixed - income housing, low -mod housing with commercial space, mixed - income housing with commercial space. b/ May include California Redevelopment Law, tax credits, state bond indentures, and federal funds requirements. Exhibit D - Loans /Grants Receivables City of Rohnert Park Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) e ere contractual requirements Was the Low -Mod Purpose for specifying the Housing Fund Person or entity to which the funds purposes for which Repayment date, if Current amount issued for a Amount of the loan Date the loan or whom the loan or grant were loaned or the funds may be the funds are for a Interest rate outstanding Item # loan or a grant? or grant grant was issued was issued granted used? loan of loan loan balance FTHB principal + % Downpayment 10 -yr forgivable on appreciation 1 Loan (LMIHF) $ 20,000.00 4/21/2004 Abelin, Donna Assistance Yes 4/22/2014 @ default /sale $ 20,000.00 Rehabilitation 20 -yr deferred 2 Loan LMIHF $ 23,108.22 5/20/2008 Berentz, William Loan Yes 5/20/2028 3% $ 23,108.22 FTHB principal + % Downpayment 10 -yr forgivable on appreciation 3 Loan LMIHF $ 20,000.00 7/21/2004 Bolmeier, Connie lAssistance Yes 1 7/22/2014 1 @ default /sale $ 20,000.00 Brooks, Raymond & Rehabilitation 20 -yr deferred 4 Loan LMIHF $ 27,148.13 11/30/1993 Elizabeth Loan Yes 11/30/2013 3% $ 27,148.13 FTHB principal + % Downpayment 10 -yr forgivable on appreciation 5 Loan (LMIHF) $ 15,000.00 8/30/2002 Cabral, Paul Assistance Yes 8/31/12 @ default /sale $ 15,000.00 Rehabilitation 20 -yr deferred 6 Loan LMIHF $ 23,197.25 7/21/2006 Case, Gail Loan Yes 7/21/2026 3% $ 23,197.25 10 -yr Rehabilitation deferred /forgivable 7 Loan (LMIHF) $ 18,000.00 10/22/2003 Cudia, Valerie Ann Loan Yes 10/22/2013 5% $ 18,000.00 15 -yr Rehabilitation deferred /forgivable 8 Loan LMIHF $ 35,000.00 12/24/2001 Davis, Kathleen Loan Yes 12/24/2016 5% $ 35,000.00 Davis, Mary & Davis- Rehabilitation 20 -yr deferred 9 Loan (LMIHF) $ 20,438.25 2/21/2007 jJames, Renee ILoan I Yes 1 2/21/2027 1 3% $ 20,438.25 10 -yr Rehabilitation deferred /forgivable 10 Loan LMIHF $ 21,130.10 10/31/2003 Drady, Michael Loan Yes 10/31/2013 5% $ 21,130.10 Rehabilitation 14 -yr deferred 11 Loan (LMIHF) $ 46,814.25 12/18/2008 Fagan, James Loan Yes 12/18/2022 3% $ 46,814.25 10 -yr Rehabilitation deferred /forgivable 12 Loan LMIHF $ 17,635.05 12/10/2002 Ernestine Fielder ILoan I Yes 1 12/10/2012 1 5% $ 17,635.05 10 -yr Rehabilitation deferred /forgivable 13 Loan (LMIHF) $ 13,117.00 7/18/2005 Richard Gravelle Loan Yes 7/18/2015 3% $ 13,117.00 Rehabilitation 20 -yr deferred 14 Loan LMIHF $ 16,285.00 17/17/2006 Virginia Harris Loan Yes 7/17/2026 3% $ 16,285.00 15 -yr Rehabilitation deferred /forgivable 15 Loan LMIHF $ 19,980.00 10/8/2002 Heller, William Loan Yes 10/8/2017 5% $ 19,980.00 10 -yr Rehabilitation deferred /forgivable 16 Loan (LMIHF) $ 16,990.05 4/19/2004 Henry, Susan Loan Yes 4/19/2014 5% $ 16,990.05 Rehabilitation 20 -yr deferred 17 Loan (LMIHF) $ 12,500.00 1 8/13/2009 1 Herrick, Allen I Loan Yes 1 8/13/2029 1 3% 1 $ 12,500.00 Rehabilitation 20 -yr deferred 18 Loan (LMIHF) $ 10,073.61 9/30/2009 Herrick, Allen Loan Yes 9/30/2029 3% $ 10,073.61 Johnson, Phyllis & Rehabilitation 20 -yr deferred 19 Loan (LMIHF) $ 21,135.61 11/21/2008 Taylor, Melanie Loan Yes 11/21/2028 3% $ 21,135.61 10 -yr Kehoe, Edward & Rehabilitation deferred /forgivable 20 Loan (LMIHF) $ 15,506.10 2/20/2004 Higgins, Joyce Loan Yes 2/20/2014 5% $ 15,506.10 10 -yr Rehabilitation deferred /forgivable 21 Loan (LMIHF) $ 24,990.25 8/18/2004 Klingel, Geoffrey & Rita Loan Yes 8/18/2014 5% $ 24,990.25 FTHB principal + % Downpayment 10 -yr forgivable appreciation 22 Loan (LMIHF) $ 20,000.00 12/5/2003 Kremen, Joyce lAssistance I Yes 1 12/6/2013 @ default /sale $ 20,000.00 FTHB principal + % Larson, Charles & Downpayment 10 -yr forgivable appreciation 23 Loan (LMIHF) $ 15,000.00 3/16/2005 Jennifer Assistance Yes 3/17/2015 @ default /sale $ 15,000.00 Rehabilitation 20 -yr deferred 24 Loan LMIHF $ 23,157.25 1/10/2008 Lenci, Betty Loan Yes 1/10/2028 3% $ 23,157.25 Rehabilitation 20 -yr deferred 25 Loan (LMIHF) $ 23,810.45 7/24/2006 Lopes, Eugenia Loan Yes 7/24/2026 3% $ 23,810.45 Rehabilitation 20 -yr deferred 26 Loan LMIHF $ 22,362.25 5/21/2008 Marroquin, Laura Loan Yes 5/21/2028 3% $ 22,362.25 Rehabilitation 20 -yr deferred 27 Loan (LMIHF) $ 21,160.61 8/27/2008 Mayer, Barbara Loan Yes 8/27/2028 3% $ 21,160.61 Rehabilitation 20 -yr deferred 28 Loan LMIHF $ 24,000.00 7/15/2008 Mitchell, Jack & Dorothy Loan Yes 7/15/2028 3% $ 24,000.00 FTHB principal + % Downpayment 10 -yr forgivable appreciation 29 Loan LMIHF $ 20,000.00 10/20/2003 Oates, Juday lAssistance I Yes 1 10/21/2013 @ default /sale principal + % $ 20,000.00 FTHB Downpayment 10 -yr fogivable appreciation 30 Loan LMIHF $ 20,000.00 10/11/2002 Pham, Hien Assistance Yes 10 -12 -2012 @ default /sale $ 20,000.00 10 -yr Rehabilitation deferred /forgivable 31 Loan (LMIHF) $ 24,940.05 8/5/2002 Powers, Pamela Loan Yes 8/5/2012 5% $ 24,940.05 Rehabilitation 20 -yr deferred 32 Loan LMIHF $ 22,025.25 5/9/2007 Rademacher, Marjorie Loan Yes 5 -9 -2027 3% $ 22,025.25 15 -yr Rehabilitation deferred /forgivable 33 Loan LMIHF $ 12,086.00 10/11/2002 Rau, David Loan Yes 10/11/2017 5% $ 12,086.00 15 -yr Riesgo, James & Rehabilitation amortized /beg. 6 -1- 34 Loan (LMIHF) $ 45,626.00 5/1/2002 Carmelita Loan Yes 2002 5% $ 17,110.39 FTHB principal + % Downpayment 10 -yr forgivable appreciation 35 Loan (LMIHF) $ 20,000.00 2/27/2004 Rider, Phillip & Amy Assistance Yes 2/28/2014 @ default /sale $ 20,000.00 10 -yr Rehabilitation deferred /forgivable 36 Loan (LMIHF) $ 12,735.00 12/8/2005 Rush, Helen Loan Yes 12/8/2015 3% $ 12,735.00 10 -yr Rehabilitation deferred /forgivable 37 Loan (LMIHF) $ 6,440.05 12/31/2003 Samuels, Vikki Loan Yes 12/31/2013 5% $ 6,440.05 FTHB principal + % Downpayment 10 -yr forgivable appreciation 38 Loan LMIHF $ 15,000.00 8/5/2002 Santiago, Tina Assistance Yes 8/16/2012 @ default /sale $ 15,000.00 Rehabilitation 20 -yr deferred 39 Loan (LMIHF) $ 24,486.15 5/22/2009 Scott, Martha Loan Yes 5/22/2029 3% $ 24,486.15 FTHB principal + % Downpayment 10 -yr forgivable appreciation 40 Loan (LMIHF) $ 15,000.00 9/3/2002 Sharp, Brian & Jonna Assistance Yes 9/4/2012 @ default /sale $ 15,000.00 10 -yr Rehabilitation deferred /forgivable 41 Loan LMIHF $ 24,860.05 2/5/2004 Slade, Roberta Loan Yes 2/5/2014 5% $ 24,860.05 10 -yr Rehabilitation deferred /forgivable 42 Loan (LMIHF) $ 24,980.10 11/17/2003 Staggs, Dennis & Vicki Loan Yes 11/17/2013 5% $ 24,980.10 10 -yr Stimson, Wade & Rehabilitation deferred /forgivable 43 Loan LMIHF $ 11,720.00 12/8/2005 Patricia Loan Yes 12/8/2015 3% $ 11,720.00 Wallahan, Gary & Rehabilitation 20 -yr deferred 44 Loan (LMIHF) $ 23,988.17 4/30/2009 Joanne Loan Yes 4/30/2029 3% $ 23,988.17 Commission Assistance for acquisition, pre - development and Vida Nueva Partners, development of 55 -yr deferred 45 Loan (LMIHF) $ 1,675,000.00 5/23/2006 L. P. property. Yes 11/30/60 1% ########### Commission Assistance for pre - Burbank Housing development and Development development of 30 -yr deferred 46 Loan (LMIHF) $ 260,000.00 9/1/1993 Corporation property. Yes 9/1/2023 3% $ 406,900.00 Commission Assistance for substantial Rainbow - Copeland rehab /maintenanc 55 -yr deferred 47 Loan (LMIHF) $ 1,200,000.00 12/12/2007 Creek, LLC e of property Yes 6/30/2062 1% ########### Commission Assistance for pre - development and development of 40 -yr deferred 48 Loan (LMIHF) $ 611,000.00 12/24/1996 Murirfield Apartments property. Yes 4/1/2037 6% ########### Commission Assistance for Burbank Housing purchase and Development development of 30 -yr deferred 49 Loan (LMIHF) $ 390,000.00 8/23/1991 Corporation property. Yes 8/23/2021 8% ########### Commission Assistance for purchase, pre - Burbank Housing development and Development development of 55 -yr deferred 50 Loan LMIHF $ 4,015,000.00 9/29/2005 Corporation property. Yes 1/18/2061 2% ########### Commission 31 -yr Assistance for deferred /amoritized 51 Loan (LMIHF) $ 265,000.00 4/1/2001 Millenium Housing Ipurchase. I Yes 1 4/15/2032 1 3% 1 $ 340,000.00 Rehabilitation 30 -yr deferred 52 Loan CalHome $ 24,000.00 1 1/1/2010 Anderson, Rebecca Loan Yes 1/1/2040 3% $ 24,000.00 Rehabilitation 30 -yr deferred 53 Loan (CalHome) $ 23,562.15 2/1/2010 Allen, Marylou Loan Yes 2/1/2040 3% $ 23,562.15 Rehabilitation 30 -yr deferred 54 Loan CalHome $ 23,895.15 8/31/2009 Alley, Darryl Loan Yes 8/31/2039 3% $ 23,895.15 Rehabilitation 30 -yr deferred 55 Loan (CalHome) $ 8,099.15 4/21/2010 Baker, Kent Loan Yes 4/21/2040 3% $ 8,099.15 Rehabilitation 30 -yr deferred 56 Loan CalHome $ 23,582.15 2/1/2010 1 Barter, David ILoan I Yes 1 2/1/2040 1 3% 1 $ 23,582.15 Rehabilitation 30 -yr Deferred 57 Loan (CalHome) $ 10,831.15 6/17/2010 Briand, Denise Loan Yes 6/17/2040 3% $ 10,831.15 Rehabilitation 30 -yr Deferred 58 Loan CalHome $ 20,412.45 12/14/2010 Hancock, Susan Loan Yes 12/14/2040 3% $ 20,412.45 Rehabilitation 30 -yr Deferred 59 Loan (CalHome) $ 23,647.25 3/1/2010 Henker, Janet Loan Yes 3/1/2040 3% $ 23,647.25 Rehabilitation 30 -yr Deferred 60 Loan CalHome $ 18,202.25 2/9/2009 Howard, James ILoan I Yes 1 2/9/2039 3% $ 18,202.25 Rehabilitation 30 -yr Deferred 61 Loan (CalHome) $ 20,499.61 5/12/2009 King, Mark Loan Yes 5/12/2039 3% $ 20,499.61 Rehabilitation 30 -yr Deferred 62 Loan CalHome $ 22,789.25 7/1/2010 Lemon, William Loan Yes 6/16/2040 3% $ 22,789.25 Rehabilitation 30 -yr Deferred 63 Loan (CalHome) $ 24,000.00 1/22/2010 Lichau, Susan Loan Yes 1/22/2040 3% $ 24,000.00 Rehabilitation 30 -yr Deferred 64 Loan CalHome $ 21,722.25 7/30/2010 Martinez, Albert I ILoan I I Yes 1 1 7/30/2040 3% $ 21,722.25 65 Loan CalHome $ 23,295.61 5/27/2009 Mastropasqua, Frank Rehabilitation Loan Yes 30 -yr Deferred 5/27/2039 3% $ 23,295.61 66 Loan (CalHome) $ 23,791.45 7/9/2010 McLaughlin, Linda Rehabilitation Loan Yes 30 -yr Deferred 7/9/2040 3% $ 23,791.45 67 Loan (CalHome) $ 28,824.25 4/29/2010 Rau, David Rehabilitation Loan Yes 30 -yr Deferred 4/29/2040 3% $ 28,824.25 68 Loan (CalHome) $ 15,557.25 6/1/2011 Robinette, Bruce Rehabilitation Loan Yes 30 -yr Deferred 6/1/2041 3% $ 15,557.25 69 Loan (CalHome) $ 20,928.15 7/10/2009 Simpson, Darryl Rehabilitation Loan Yes 30 -yr Deferred 7/10/2039 3% $ 20,928.15 70 Loan (CalHome) $ 23,910.00 1 1/10/2010 ITrent, Geneva Rehabilitation I Loan I Yes 30 -yr Deferred 1 1/1/2040 1 3% 1 $ 23,910.00 71 Loan (CalHome) $ 16,486.45 1 9/1/2010 Troth, Luba Rehabilitation Loan Yes 30 -yr Deferred 9/1/2040 3% $ 16,486.45 72 Loan (CalHome) $ 24,003.90 4/1/2011 Valdes, Gonzalo & Carmen Rehabilitation Loan Yes 30 -yr Deferred 4/1/2041 3% $ 24,003.90 73 Loan (CalHome) $ 23,110.41 3/18/2009 Widdowson, Janet Rehabilitation Loan Yes 30 -yr Deferred 3/18/2039 3% $ 23,110.41 74 Loan CalHome $ 22,061.15 3/9/2010 Woodruff, Sandra Rehabilitation Loan Yes 30 -yr Deferred 3/9/2040 3% $ 22,061.15 75 Loan (CDBG) $ 23,605.00 2/2/2011 Wichert, Jeffrey Rehabilitation Loan Yes 30 -yr deferred 2/2/2041 3% $ 23,605.00 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 Exhibit E - Rents /Operations City of Rohnert Park Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) Item # Type of payment a/ Type of property with which they payments are associated b/ Property owner Entity that collects the payments Entity to which the collected payments are ultimately remitted Purpose for which the payments are used Is the property encumbered by a low -mod housing covenant? Source of low- mod housing covenant c/ Item # from Exhibit A the rent/operation is associated with (if applicable) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 a/ May include revenues from rents, operation of properties, residual receipt payments from developers, conditional grant repayments, costs savings and proceeds from refinancing, and principal and interest payments from homebuyers subject to enforceable income limits. b/ May include low -mod housing, mixed - income housing, low -mod housing with commercial space, mixed - income housing with commercial space. c/ May include California Redevelopment Law, tax credits, state bond indentures, and federal funds requirements. Exhibit F - Rents City of Rohnert Park Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) Item # Type of payment a/ Type of property with which the payments are associated b/ Property owner Entity that collects the payments Entity to which the collected payments are ultimately remitted Purpose for which the payments are used Is the property encumbered by a low -mod housing covenant? Source of low- mod housing covenant c/ Item # from Exhibit A the rent is associated with (if applicable) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 a/ May include rents or home loan payments. b/ May include low -mod housing, mixed - income housing, low -mod housing with commercial space, mixed - income housing with commercial space. c/ May include California Redevelopment Law, tax credits, state bond indentures, and federal funds requirements. Exhibit G - Deferrals City of Rohnert Park Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) Item # Purpose for which funds were deferred Fiscal year in which funds were deferred Amount deferred Interest rate at which funds were to be repaid Current amount owed Date upon which funds were to be repaid 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 SIT 'J. nr DEPARTMENT OF C'9CJFDRON-FINANCE August 29, 2012 ATTACHMENT 2 EDMUND G. BROWN JR. • GOVERNOR 91 5 L STREET ■ SACRAMENTO CA 0 958 1 4-3706 ■ WWW.D0F.CA.GE3v Ms. Linda Babonis, Economic Development Manager City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Dear Ms.Babonis: Subject: Housing Assets Transfer Form Pursuant to Health and Safety Code (HSC) section 34176 (a) (2), the City of Rohnert Park Housing Agency submitted a Housing Assets Transfer Form (Form) to the California Department of Finance (Finance) on July 30, 2012 for the period February 1, 2012 through July 30, 2012. HSC section 34176 (e) defines a housing asset. Assets transferred deemed not to be a housing asset shall be returned to the successor agency. Finance has completed its review of your Form, which included obtaining clarification for various items. Based on a sample of line items reviewed and the application of law, Finance is objecting to the following transfer of asset identified on your Form: e Exhibit D, Item No. 75: The Community Development Commission of the City of Rohnert Park is not a party to this loan, and is therefore not eligible for transfer to the Housing Agency. Except for the item disallowed as noted above, Finance is not objecting to the remaining items, if any, listed on your Form. If you disagree with our determination with respect to any items on the Form, you may request a Meet and Confer within five business days of receiving this letter. Please direct inquiries to Robert Scott, Supervisor or Derk Symons, Lead Analyst at (916) 445 -1546. Sincerely, STEVE SZALAY Local Government Consultant cc: Ms. Cathy Orme, Director of Finance, City of Rohnert Park Mr. Erick Roeser, Property Tax Manager, County of Sonoma California State Controller's Office OVERSIGHT BOARD RESOLUTION NO. 2014 - 10 A RESOLUTION OF THE OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK AUTHORIZING AND DIRECTING THE TRANSFER OF ALL HOUSING ASSETS TO THE CITY OF ROHNERT PARK WHEREAS, the California state legislature enacted Assembly Bills x1 26 and 1484 (together, the "Dissolution Act ") to dissolve and unwind the affairs of redevelopment agencies formed under the Community Redevelopment Law (Health and Safety Code Section 33000 et sec .); WHEREAS, the Dissolution Act provides that the city, county, or city and county that authorized the creation of the redevelopment agency shall be the "successor agency" to the dissolved redevelopment agency unless the city, county, or city and county elects not to serve as the successor agency under Health and Safety Code Section 34173(d)(1); WHEREAS, the Dissolution Act, at Health and Safety Code Section 34176, also provides that the city, county, or city and county that authorized the creation of the redevelopment agency may also elect to retain the housing assets and functions previously performed by the former redevelopment agency; WHEREAS, by adoption of Resolution No. 2012 -10 adopted on January 10, 2012, the City Council of the City of Rohnert Park (the "City Council ") declared that, effective February 1, 2012: (1) the City of Rohnert Park (the "City "), acting in a separate legal capacity and as a separate public entity pursuant to Health and Safety Code Section 34173(g), would act as successor agency (the "Successor Agency ") for the Community Development Commission of the City of Rohnert Park (the "CDC "); and (2) the City of Rohnert Park would retain the housing assets and responsibility for performing housing functions previously performed by the CDC; WHEREAS, pursuant to Health and Safety Code Section 34176(a), all rights, powers, duties, obligations, and housing assets (as defined in Section 34176(e)) have been or shall be transferred to the City; WHEREAS, the City prepared and submitted for review by the Department of Finance ( "DOF ") the Housing Asset List required under Health and Safety Code Section 34176(a)(2) ( "Housing Asset List ") attached to the staff report accompanying this Resolution (the "Staff Report "); WHEREAS, the Housing Asset List constitutes a list of all "housing assets" of the CDC, as defined in Health and Safety Code Section 34176(e), including: real and personal property interests acquired for low- and moderate - income housing purposes; encumbered funds; loan and grant receivables for assistance provided by the Low and Moderate Income Housing Fund ( "Housing Fund "); rents and payments from housing operations; and amounts owed to the Housing Fund as a result of previously deferred or borrowed Housing Fund deposits; WHEREAS, DOF approved the City's Housing Asset List by letter dated August 29, 2012 ( "DOF Letter "), which letter is attached to the Staff Report accompanying this Resolution; WHEREAS, the Housing Asset List, DOF Letter and Staff Report provide supporting information upon which the actions set forth in this Resolution are based; WHEREAS, upon dissolution on February 1, 2012, all housing assets as defined in Health and Safety Code Section 34176(e) transferred from the CDC to the City; and WHEREAS, to the extent any housing assets have not so transferred, in accordance with Health and Safety Code Section 34181(c), the Oversight Board may authorize and direct the transfer of the housing asset to the entity taking over the housing functions of the City. NOW, THEREFORE, THE OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Oversight Board hereby finds and determines that the foregoing recitals are true and correct, and together with the following documents and information form the basis for the approvals, authorizations, findings, and determinations set forth in this Resolution: (1) the Housing Asset List; (2) the DOF Letter; (3) the Staff Report; and (4) the information provided by the Successor Agency and City Staff and the public. Section 2. In accordance with Health and Safety Code Section 34181(c), the Oversight Board does hereby authorize and direct the transfer of the housing assets in the Housing Asset List to the City, acting as the housing successor to the CDC pursuant to Health and Safety Code Section 34176(a)(1), and authorizes the Successor Agency to do everything necessary and appropriate to effectuate said transfer. Section 3. The Successor Agency's Executive Director, or the Executive Director's designee, shall be authorized to take such additional actions, and to execute all documents necessary and appropriate (including the execution of any release, quitclaim deed or grant deed) to effectuate the transfer of the housing assets of the CDC to the City in satisfaction of Health and Safety Code Section 34176(a)(1). Section 4. The transfer of the housing assets to the City is exempt from the requirements of the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15061(b)(3) (as an action which it can be seen with certainty will not have a significant effect on the environment). Section 5. This Resolution shall take effect at the time and in the marnler prescribed in Health and Safety Code Section 34179(h). 2 PASSED AND ADOPTED at a duly noticed special meeting of the Oversight Board for the Successor Agency to the Community Development Commission of the City of Rohnert Park held on December 1, 2014, by the following vote of the members thereof: AYES: ( 4 ) Board Members: Cerreta, Jolley, Masterson, Ponton NOES: ( 0 ) Board Members: None ABSENT: ( 3 ) Board Members: Mackenzie, Thompson, Zane ABSTAIN: (0) Board Members: None OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY CITY OF ROHNERT PARK ATTEST: z Eydie Tacata, Clerk of the Board RESOLUTION NO. 2014 -170 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AS SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK AUTHORIZING THE TRANSFER OF ALL FORMER COMMUNITY DEVELOPMENT COMMISSION HOUSING ASSETS TO THE CITY OF ROHNERT PARK WHEREAS, the California state legislature enacted Assembly Bills xl 26 and 1484 (together, the "Dissolution Act ") to dissolve and unwind the affairs of redevelopment agencies formed under the Community Redevelopment Law (Health and Safety Code Section 33000 et seq.); and WHEREAS, the Dissolution Act provides that the city, county, or city and county that authorized the creation of the redevelopment agency shall be the "successor agency" to the dissolved redevelopment agency unless the city, county, or city and county elects not to serve as the successor agency under Health and Safety Code Section 34173(d)(1); and WHEREAS, the Dissolution Act, at Health and Safety Code Section 34176, also provides that the city, county, or city and county that authorized the creation of the redevelopment agency may also elect to retain the housing assets and functions previously performed by the former redevelopment agency; and WHEREAS, by adoption of Resolution No. 2012 -10 adopted on January 10, 2012, the City Council of the City of Rohnert Park (the "City Council') declared that, effective February 1, 2012: (1) the City of Rohnert Park (the "City "), acting in a separate legal capacity and as a separate public entity pursuant to Health and Safety Code Section 34173(g), would act as successor agency (the "Successor Agency ") for the Community Development Commission of the City of Rohnert Park (the "CDC "); and (2) the City of Rohnert Park would retain the housing assets and responsibility for performing housing functions previously performed by the CDC; and WHEREAS, pursuant to Health and Safety Code Section 34176(a), all rights, powers, duties, obligations, and housing assets (as defined in Section 34176(e)) have been or shall be transferred to the City; and WHEREAS, the City prepared and submitted for review by the Department of Finance ( "DOF ") the Housing Asset List required under Health and Safety Code Section 34176(a)(2) ( "Housing Asset List ") attached to the staff report accompanying this Resolution (the "Staff Report"); and WHEREAS, the Housing Asset List constitutes a list of all "housing assets" of the CDC, as defined in Health and Safety Code Section 34176(e), including: real and personal property interests acquired for low- and moderate - income housing purposes; encumbered funds; loan and grant receivables for assistance provided by the Low and Moderate Income Housing Fund ( "Housing Fund "); rents and payments from housing operations; and amounts owed to the Housing Fund as a result of previously deferred or borrowed Housing Fund deposits; and WHEREAS, DOF approved the City's Housing Asset List by letter dated August 29, 2012 ( "DOF Letter "), which letter is attached to the Staff Report accompanying this Resolution; and WHEREAS, the Housing Asset List, DOF Letter and Staff Report provide supporting information upon which the actions set forth in this Resolution are based; and WHEREAS, upon dissolution on February 1, 2012, all housing assets as defined in Health and Safety Code Section 34176(e) transferred from the CDC to the City; and WHEREAS, to the extent any housing assets have not so transferred, in accordance with Health and Safety Code Section 34181(c), the Oversight Board may authorize and direct the transfer of the housing asset to the entity taking over the housing functions of the City; and, WHEREAS, on December 1, 2014 the Oversight Board to the Successor Agency adopted Resolution No. 2014 -10 directing the transfer of all CDC housing assets to the City of Rohnert Park. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, AS SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council as Successor Agency hereby fmds and determines that the foregoing recitals are true and correct, and together with the following documents and information form the basis for the approvals, authorizations, fmdings, and determinations set forth in this Resolution: (1) the Housing Asset List; (2) the DOF Letter; (3) the Staff Report; and (4) the information provided by the Successor Agency and City Staff and the public. Section 2. In accordance with Health and Safety Code Section 34181(c), the City Council as Successor Agency does hereby authorize the transfer of the housing assets in the Housing Asset List to the City, acting as the housing successor to the CDC pursuant to Health and Safety Code Section 34176(a)(1). Section 3. The City Manager as the Successor Agency's Executive Director, or their designee, shall be authorized to take such additional actions, and to execute all documents necessary and appropriate (including the execution of any release, quitclaim deed or grant deed) to effectuate the transfer of the housing assets of the former CDC to the City in satisfaction of Health and Safety Code Section 34176(a)(1). Section 4. The transfer of the housing assets to the City is exempt from the requirements of the California Environmental Quality Control Act pursuant to State CEQA Guidelines Section 15061(b)(3) (as an action which it can be seen with certainty will not have a significant effect on the environment). Section 5. This Resolution shall take effect immediately upon adoption. 2014 -170 DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park as Successor Agency this 9th day of December, 2014. CITY OF ROHNERT PARK Joseph T. Callinan, Mayor ATTEST: JoAnne Buergler, City Clerk BELFORTE: MACKENZIE: STAFFORD: AHANOTU: CALLINAN: AYES: ( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) 2014 -170 Meeting Date: Department: Submitted By: Prepared By: Agenda Title: ITEM NO. 5.D.1 Mission Statement "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow. " CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT December 9, 2014 Administration JoAnne Buergler, City Clerk JoAnne Buergler, City Clerk Reciting the Fact of the General Municipal Election Consolidated with the Gubernatorial General Election Held on November 4, 2014, Declaring Results and Such Other Matters as Provided By Law RECOMMENDED ACTION: City Council by resolution declare the results of the November 4, 2014 General Municipal Election consolidated with the Gubernatorial General Election BACKGROUND: Pursuant to Elections Code § 10262 and § 10264, the City Clerk, upon receipt of the Statement of Results from the Sonoma County Clerk & Registrar of Voters Official, shall certify the results to the governing body and shall enter into the minutes a statement of results. Pursuant to Elections Code § 15400, the City Council shall declare the results. The Sonoma County Clerk & Registrar of Voters Office transmittal constituting certification of the Official Canvass and Statement of Results was received on December 1, 2014. Therefore adoption of a Resolution is recommended meeting the requirements of the law. Pursuant to Election Code § 10265, the Election Official shall issue a Certificate of Election and administer the oath to each person elected. Once the Resolution is adopted, the City Clerk will issue Certificates of Election and administer the oaths under regular business item Ceremony for Installation of Newly Elected City Councilmembers and Officers for the Year 2015. OPTIONS CONSIDERED: None. This is a ministerial action. FISCAL IMPACT /FUNDING SOURCE: None. Declaration of results and installation of elected officials creates no fiscal impact. Department Head Approval Date: NA City Manager Approval Date: 12/2/14 City Attorney Approval Date: 12/2/14 Attachments (list in packet assembly order): 1. Resolution 2. Exhibit A - Sonoma County Clerk & Registrar of Voters Official Statement of Votes Cast RESOLUTION NO. 2014 -173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION CONSOLIDATED WITH THE GUBERNATORIAL GENERAL ELECTION HELD ON NOVEMBER 4, 2014, DECLARING RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election Consolidated with the Gubernatorial General Election was held and conducted in the City of Rohnert Park on Tuesday, November 4, 2014, as required by law; and WHEREAS, Resolution 2014 -053 called for the holding of a General Municipal Election to be held on Tuesday, November 4, 2014 for the election of certain officers and requested that the Board of Supervisors of the County of Sonoma consolidate said election pursuant to § 10403 of the elections code; and WHEREAS, it appears that notice of said election was duly and legally given, that voting precincts were properly established, that election officers were appointed and election supplies furnished, that in all respects said election was held and conducted and the votes cast thereat received and canvassed and the returns thereof made, determined and declared in the time, form and manner as required by the General Laws of the State providing for and regulating municipal elections in said City; and WHEREAS, the County Elections Department canvassed the returns of said election and has certified the results to this City Council, the results are received, attached and made a part hereof as Exhibit A; and WHEREAS, the City Council of the City of Rohnert Park met at the regular meeting place of said City Council for a regular meeting on Tuesday, December 09, 2014 to declare the results pursuant to Elections Code §15400 incorporating the "Statement of Results" of said election in Exhibit A. NOW, THEREFORE, the City Council of the City of Rohnert Park, does hereby resolve, declare, determine, and order as follows: SECTION 1. That a canvass of the votes cast in the November 4, 2014, Municipal Election Consolidated with the Consolidated General Election for the purpose of electing two (2) members to the City Council for the full term of four (4) years, was duly performed by the Office of the Sonoma County Clerk and Registrar of Voters. The transmittal for same constituting certification of the Official Canvass for adoption by the governing body of the City of Rohnert Park was received by the City on December 1, 2014. SECTION 2. That the whole number of votes (ballots) cast in the precincts was 2573 and the whole number of vote by mail voter ballots cast was 6968 making a total of 9541 votes (ballots) cast in the City. SECTION 3. That the names of persons voted for at the election for Member of the City Council are as follows: Pam Stafford, David Grundman, Amy O. Ahanotu SECTION 4. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates were as listed in Exhibit A "Statement of Results" attached. SECTION 5. The City Council does declare and determine that: Pam Stafford was elected as a Member of City Council for the full term of four (4) years. Amy O. Ahanotu was elected as a Member of City Council for the full term of four (4) years. SECTION 6. The City Clerk shall enter on the Minutes of the City Council of the City of Rohnert Park, a statement of the results of the election showing: 1) the whole number of votes cast in the City; 2) the names of the persons voted for; 3) for what office each person was voted for; and 4) the number of votes given at each precinct to each person; and 5) the total number of votes given to each person. SECTION 7. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have him/her subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. SECTION 8. That the City Clerk is hereby ordered to certify to the adoption of this resolution and enter it into the book of original resolutions. DULY AND REGULARLY ADOPTED this 9th day of December, 2014. CITY OF ROHNERT PARK Joseph T. Callinan, Mayor ATTEST: JoAnne M. Buergler, City Clerk Attachment: Exhibit A BELFORTE: MACKENZIE: STAFFORD: AHANOTU: CALLINAN: AYES: ( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) 2014 -173 STATEMENT OF THE VOTES CAST AT THE CITY OF ROHNERT PARK ELECTION CONSOLIDATED WITH THE GUBERNATORIAL GENERAL ELECTION HELD ON NOVEMBER 4, 2014 COUNTY OF SONOMA STATE OF CALIFORNIA STATE OF CALIFORNIA) )SS. COUNTY OF SONOMA ) I, WILLIAM F. ROUSSEAU, COUNTY CLERK of said county, do hereby certify the following to be a true and correct copy of the Statement of the Votes Cast at the CITY OF ROHNERT PARK ELECTION held on NOVEMBER 4, 2014, for the candidates herein set forth. Witness in , � 0 ,hp cdoW k official seal this 25th day of November, 2014. c �1� 9 cf ` Cn ? %I WILLIAM F. ROUSSEAU, COUNTY CLERK — C L TY OF OMA cout� November 4, 2014 Sonoma County Statement of Votes Consolidated General Election Rohnert Park City Council N V w C O O M E O o c N w o v> v o r as .2 U U a Q N O y 1= N v O O C a d E .> > OD F m o a a Q 2601 PCT 2601 1860 304 16.3 181 91 141 2601 -Vote by Mail 1860 640 34.4 379 244 329 2602 PCT 2602 801 89 11.1 33 23 36 2602 - Vote by Mail 801 218 27.2 126 71 106 2604 MB PCT 2604 5 0 0.0 0 0 0 2604 - Vote by Mail 5 0 0.0 0 0 0 2606 PCT 2606 1649 234 14.2 127 91 102 2606 - Vote by Mail 1649 603 36.6 333 244 332 3601 PCT 3601 1446 191 13.2 102 70 113 3601 - Vote by Mail 1446 471 32.6 290 173 238 3602 PCT 3602 1939 281 14.5 159 111 142 3602 - Vote by Mail 1939 694 35.8 430 246 361 3603 PCT 3603 1706 254 14.9 145 97 139 3603 - Vote by Mail 1706 565 33.1 335 232 309 3605 PCT 3605 812 109 13.4 38 45 48 3605 - Vote by Mail 812 260 32.0 152 103 145 3609 PCT 3609 1745 205 11.7 123 79 88 3609 - Vote by Mail 1745 767 44.0 479 274 394 3611 PCT 3611 1633 214 13.1 124 76 125 3611 -Vote by Mail 1633 752 46.1 506 255 419 3614 PCT 3614 1554 223 14.4 124 79 107 3614 - Vote by Mail 1554 698 44.9 407 248 401 3616 PCT 3616 1590 261 16.4 158 88 146 3616 - Vote by Mail 1590 651 40.9 404 251 374 3618 PCT 3618 1632 208 12.7 126 75 106 3618 - Vote by Mail 1632 649 39.8 404 245 360 3621 MB PCT 3621 0 0 n/a 0 0 0 3621 - Vote by Mail 0 0 n/a 0 0 0 3622 MB PCT 3622 0 0 n/a 0 0 0 3622 - Vote by Mail 0 0 n/a 0 0 0 Precinct Totals 18372 2573 14.0 1440 925 1293 Vote by Mail Totals 18372 6968 37.9 4245 2586 3770 Grand Totals 18372 9541 51.9 5685 3511 5063 November 4, 2014 Sonoma County Statement of Votes Consolidated General Election —Grand Totals Rohnert Park City Council N C d a' a 0 C y c Y 'O C c0 c m N O p m m v] ED H �pa G Q County Of Sonoma 18372 9541 51.9 5685 3511 5063 5th Congressional District 18372 9541 51.9 5685 3511 5063 3rd Senatorial District 18372 9541 51.9 5685 3511 5063 4th Assembly District 18372 9541 51.9 5665 3511 5063 2nd Supervisorial District 4315 2088 48.4 11791 764 1048 3rd Supervisorial District 14057 7453 53.0 4506 2747 4015 Ci Of Rohrnert Park 18372 9541 51.9 5685 3511 5063 November 4, 2014 Sonoma County Statement of Votes Consolidated General Election —Vote by Mail Totals Rohnert Park City Council N V p W o N o ❑ v a E V +� o C V N a0 O O rA m O O m H b O Q County Of Sonoma 18372 6958 37.9 4245 2586 3770 51h Congressional District 18372 6968 37.9 4245 2586 3770 3rd Senatorial District 18372 6968 37.9 4245 2586 3770 4th Assembly District 18372 6968 37.9 4245 2586 3770 2nd Supervisorial District 4315 1461 33.9 838 559 769 3rd Supervisorial District 14057 5507 392 3407 2027 3001 Cjjy Of Rohnert Park 18372 6968 37.9 4245 2586 3770 Item 5.D.2 RESOLUTION NO. 2014 -174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REJECTING THE CLAIM OF MARIA BELFOR WHEREAS; City received a claim for money or damages from Maria Belfor which was filed with the City on November 6, 2014. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that the claim received from Maria Belfor on November 6, 2014 is hereby rejected. DULY AND REGULARLY ADOPTED this 9th day of December, 2014. CITY OF ROHNERT PARK Joseph T. Callinan, Mayor ATTEST: JoAnne M. Buergler, City Clerk BELFORTE: MACKENZIE: STAFFORD: AHANOTU: CALLINAN: AYES: ( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) 1 Item 5.D.3 RESOLUTION NO. 2014 -175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REJECTING THE CLAIM OF RAUL AND ELVA BARAJAS WHEREAS; City received a claim for money or damages from Morrison & Foerster LLP on behalf of Raul and Elva Barajas which was filed with the City on November 21, 2014. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that the claim received from Morrison & Foerster LLP on behalf of Raul and Elva Barajas on November 21, 2014 is hereby rejected. DULY AND REGULARLY ADOPTED this 91h day of December, 2014. CITY OF ROHNERT PARK Joseph T. Callinan, Mayor ATTEST: JoAnne M. Buergler, City Clerk BELFORTE: MACKENZIE: STAFFORD: AHANOTU: CALLINAN: AYES: ( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) 1 ITEM NO. 5.13.4 Mission Statement "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow. " CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: December 9, 2014 Department: Finance Submitted By: Betsy Howze, Finance Director Prepared By: Betsy Howze, Finance Director Agenda Title: Consideration and Adoption of Resolution Authorizing and Approving the Director of Finance to Increase Appropriations in Various Funds and Make any Administrative Adjustments Necessary to Fund Executed Labor Agreements RECOMMENDED ACTION: Approve a Resolution authorizing and approving the Director of Finance to increase appropriations in various funds and make any administrative adjustments necessary to fund executed labor agreements. BACKGROUND: The City of Rohnert Park reached agreement with its bargaining groups on successor Memoranda of Understanding in June 2014. At the same time, the City also entered into new Outlines of Employment, Fringe Benefits and Salary Adjustment for unrepresented management and confidential employees. The labor agreements provide for the following benefits to represented and unrepresented employees: Retiree Medical Benefits Under the status quo, employees hired prior to July 1, 2007 were entitled to lifetime medical benefits for themselves and one dependent (typically a spouse). Further, employees hired after July 1, 2007 received a monthly contribution of $75.00 into a Retirement Health Savings Account that they manage. Effective July 1, 2014, the City's Retiree Medical Benefits for employees hired prior to July 1, 2007 were eliminated in exchange for the following benefit: 1. Eligible employees agreed to accept $2,000 (non -sworn) and $2,500 (sworn) for each year of continuous service as a regular, benefited employee calculated through January 1, 2015. This lump sum amount is to be deposited prior to January 15, 2015 into a Retirement Health Savings Account (RHSA) established in each individual's name; and Page 1 1 ITEM NO. 5.13.4 2. Eligible employees will receive $500 per month from the month following retirement until the age of Medicare eligibility or death, whichever occurs first. This $500 amount can either be applied as a credit toward health insurance premiums if the retiree elects to stay on the City's health plans or credited monthly to a Retirement Health Reimbursement Account in the retiree's name. Eighty eight (88) employees were impacted by these changes. Eligible employees were given the option of retiring prior to January 1, 2015 under the status quo retiree medical benefit plan or electing the buyout option. All eligible employees employed as of January 1, 2015 will participate in the buyout option. Staff anticipates fewer than a half dozen employees will retire prior to January 1, 2015 and elect to keep the previous retiree medical benefits. For employees hired on or after July 1, 2014, the City also agreed to increase the $75.00 per month RHSA contribution to $100.00 per month. Salary Adjustments and Signing Bonus As part of the 2014 labor negotiations, the City agreed to provide the following salary adjustments for represented and unrepresented employees throughout the City: a) Three percent (3 %) one -time non - pensionable payment on the first full pay period in July, 2014. b) Three percent (3 %) one -time non - pensionable payment on July 1, 2015. c) Three percent (3 %) pensionable increase to base salary on July 1, 2016. Years one and two do not increase pension costs for the City. The City also agreed to provide a onetime, lump sum signing bonus of $500 per bargaining unit member. Due to the timing of the adoption of the FY 2014 -15 Budget and the wrapping up of negotiations, funds were not included in the final adopted budget. The recommended action requests Council authorize staff to bring the budget in line with negotiated labor agreements. OPTIONS CONSIDERED: 1. Take no action: The City is contractually obligated to fund these costs. The City would be in breach of contract. Not recommended. 2. Appropriate the funds to align with the agreements. Recommended. FISCAL IMPACT /FUNDING SOURCE: Staff estimates the present value of savings to the City created by the retiree medical reforms of the new labor agreements to be $8.5 million, which is partially offset by an increased cost of $3.4 million, as described below. Thus the net present savings is $5.1 million. Page 12 ITEM NO. 5.13.4 The one -time amount needed to fund the RHSAs (buyout) prior to January 15, 2014 is estimated to be $1,320,000 for 42 non -sworn employees and $1,647,500 for 46 sworn employees for a total of $2,967,500. The amount needed to fund the ongoing increase in RHSA deposits ($25.00 /month) for 61 employees hired subsequent to July 1, 2007 is $18,315. The amount needed to fund the first year contract increase of three percent (3 %) one -time non- pensionable payment on the first full pay period in July, 2014 is $337,161. Subsequent increases will be included in future budgets. The amount needed to fund the one -time, lump sum signing bonus of $500 per unit member is $70,000. The total cost and associated appropriation request is $3,392,976, and the budget will be increased in the appropriate fund and department. The General Fund share is $2,759,692 of which $2,578,992 will be appropriated from fund balance Assigned for Retiree Employee Medical (also known as Retiree Medical Reserve), and the balance of $180,700 will come from Unassigned Fund Balance. The Sewer and Water and Internal Service Funds will appropriately pay for their fair share of costs based on staff allocated to those funds, $264,100, $300,040 and $69,144 respectively. Department Head Approval Date: November 24, 2014 City Manager Approval Date: November 25, 2014 City Attorney Approval Date: November 24, 2014 Attachments (list in packet assembly order): 1. Resolution of the City of Rohnert Park Authorizing and Approving the Director of Finance to Increase Appropriations in Various Funds and Make any Administrative Adjustments Necessary to Fund Executed Labor Agreements. Page 13 RESOLUTION NO. 2014-176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING THE DIRECTOR OF FINANCE TO INCREASE APPROPRIATION IN VARIOUS FUNDS AND MAKE ANY ADMINISTRATIVE ADJUSTMENTS NECESSARY TO FUND EXECUTED LABOR AGREEMENTS WHEREAS, in June 2014, the City entered into new labor agreements with employee bargaining groups and unrepresented management and confidential employees; and WHEREAS, the negotiated Memorandum of Agreements and Outline of Employment Fringe Benefits and Salary Adjustments for management and confidential employees require the City to provide the following benefits to City employees: • As part of reforms of the City's retiree medical benefits, the City shall establish a Retiree Health Savings Account ( "RHSA ") for eligible employees hired before July 1, 2007 in which the City shall contribute $2,500.00 for sworn employees and $2,000.00 for miscellaneous employees per year of continuous City service; Effective July 1, 2014, employees hired on or after July 1, 2007 shall receive $100.00 per month contribution to their RHSA, an increase of twenty five dollar ($25.00) per month; All represented and unrepresented management and confidential employees shall receive the following salary adjustments: three percent (3 %) one -time non- pensionable payment on the first full pay period in July, 2014, three percent (3 %) one -time non - pensionable payment on July 1, 2015, and three percent (3 %) pensionable increase to base salary on July 1, 2016, and • Effective the first pay period of fiscal year 2014/2015, the City shall pay to each represented employee a onetime, lump sum signing bonus of $500.00. WHEREAS, the FY 2014 -15 Budget was adopted prior to completion of labor negotiations, and did not include these costs in the final budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the Director of Finance to increase appropriations in the appropriate funds in the amount of $3,392,976 and make any administrative adjustments necessary to complete the accounting transactions in order to carry out the terms of applicable labor negotiation agreements. BE IT FURTHER RESOLVED that $2,759,692 will be appropriated from the General Fund: 001 - 1910 - 400 -4988, $264,100 will be appropriated from the Sewer Fund: 511- various- 400 -4520, $300,040 will be appropriated in the Water Fund: 511- various - 400 -4520, and $69,144 will be appropriated in the Internal Service Funds: various - 0000 - 400 -4520 administratively by the Finance Director. DULY AND REGULARLY ADOPTED this 9th day of December, 2014. ATTEST: JoAnne M. Buergler, City Clerk BELFORTE: 2014 -176 CITY OF ROHNERT PARK Joseph T. Callinan, Mayor MACKENZIE: STAFFORD: AHANOTU: CALLINAN: AYES: ( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) Supplemental Item No. 5.D.4 12/9/2014 Revised RESOLUTION NO. 2014 -176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING THE DIRECTOR OF FINANCE TO INCREASE APPROPRIATION IN VARIOUS FUNDS AND MAKE ANY ADMINISTRATIVE ADJUSTMENTS NECESSARY TO FUND EXECUTED LABOR AGREEMENTS WHEREAS, in June 2014, the City entered into new labor agreements with employee bargaining groups and unrepresented management and confidential employees; and WHEREAS, the negotiated Memorandum of Agreements and Outline of Employment Fringe Benefits and Salary Adjustments for management and confidential employees require the City to provide the following benefits to City employees: • As part of reforms of the City's retiree medical benefits, the City shall establish a Retiree Health Savings Account ( "RHSA ") for eligible employees hired before July 1, 2007 in which the City shall contribute $2,500.00 for sworn employees and $2,000.00 for miscellaneous employees per year of continuous City service; Effective July 1, 2014, employees hired on or after July 1, 2007 shall receive $100.00 per month contribution to their RHSA, an increase of twenty five dollar ($25.00) per month; • All represented and unrepresented management and confidential employees shall receive the following salary adjustments: three percent (3 %) one -time non- pensionable payment on the first full pay period in July, 2014, three percent (3 %) one -time non - pensionable payment on July 1, 2015, and three percent (3 %) pensionable increase to base salary on July 1, 2016, and • Effective the first pay period of fiscal year 2014/2015, the City shall pay to each represented employee a onetime, lump sum signing bonus of $500.00. WHEREAS, the FY 2014 -15 Budget was adopted prior to completion of labor negotiations, and did not include these costs in the final budget, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the Director of Finance to increase appropriations in the appropriate funds in the amount of $3,392,976 and make any administrative adjustments necessary to complete the accounting transactions in order to carry out the terms of applicable labor negotiation agreements. BE IT FURTHER RESOLVED that $2,759,692 will be appropriated from the General Fund: 001 - various - 400 - various, $264,100 will be appropriated from the Sewer Fund: 510 - various- 400 - various, $300,040 will be appropriated in the Water Fund: 511- various - 400 - various, and $69,144 will be appropriated in the Internal Service Funds: various - 0000 - 400 - various administratively by the Finance Director. DULY AND REGULARLY ADOPTED this 9th day of December, 2014. CITY OF ROHNERT PARK Joseph T. Callinan, Mayor ATTEST: JoAnne M. Buergler, City Clerk BELFORTE: MACKENZIE: STAFFORD: AYES: ( ) NOES: ( ) ABSENT:( 2014 -176 AHANOTU ) ABSTAIN: ( CALLINAN: V Meeting Date: Department: Submitted By: Prepared By: Agenda Title: ITEM NO. 5. D.5 Mission Statement "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow. " CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT December 9, 2014 Finance Betsy Howze, Finance Director Ana Kwong, Accounting Supervisor Adoption of Resolution Accepting the Development Impact Fee Report for Fiscal Year July 1, 2013 through June 30, 2014 RECOMMENDED ACTION: Adopt Resolution Accepting the Development Impact Fee Report for Fiscal Year July 1, 2013 through June 30, 2014. BACKGROUND: In 1987 the State enacted Assembly Bill No. 1600, adding Section 66000 et seq. to the Government Code. This law requires that any city imposing development impact fees must report certain information each year. In accordance with this requirement, staff annually reports to the City Council, for each development impact fee collected: (a) the fee description; (b) the amount of the fee; (c) the beginning and ending balances of each fund for which the impact fees were collected; (d) the amount of fee collected and the corresponding interest earned; (e) the identification of each public improvement on which fees were expended and the amounts expensed on each such improvement; (f) a description of any interfund transfer, loan or any refund made for each impact fee fund. For items (a) through (fl, the information for FY 13 -14 is attached for each development impact fee. ANALYSIS: Pursuant to Government Code Sections 66000 and following, commonly referred to as AB 1600, municipalities imposing impact fees are required to prepare an annual report within 180 days after the close of the fiscal year. In addition, for the fifth fiscal year following the first deposit into the account or fund, and every five years thereafter, the City is required to make certain findings with respect to that portion of the fund which is unexpended. To be in full compliance with State law, the City must: Spend or commit development impact fees within five years of collecting them; or 2. Adopt a resolution that makes a finding that a reasonable relationship remains between the currect need for the fees and the purpose for which they were originally proposed. Report has been prepared for the 2013/14 fiscal year, which was made available to the public as of November 21, 2014. ITEM NO. 5. D.5 OPTIONS CONSIDERED: As the City is required to comply with AB 1600 Development Impact Fee in its entirety, no alternatives to the proposed resolution have been considered. FISCAL IMPACT /FUNDING SOURCE: None. Department Head Approval Date: November 17, 2014 City Manager Approval Date: November 18, 2014 City Attorney Approval Date: November 17, 2014 Attachments (list in packet assembly order): 1. Resolution 2. Annual Development Impact Fee Report 2 RESOLUTION NO. 2014-177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ACCEPTING THE DEVELOPMENT IMPACT FEE REPORT FOR FISCAL YEAR JULY 1, 2013 THROUGH JUNE 30, 2014 WHEREAS, pursuant to Government Code Section 66006, the City of Rohnert Park is required to prepare an annual report regarding development impact fees within 180 days after the close of each fiscal year; WHEREAS, this report has been made available to the public not less than fifteen (15) days from the date of the next regularly scheduled public meeting; WHEREAS, Government Code Section 66001 (d) requires a local agency to make findings with respect to any unexpended funds for the fifth fiscal year following the first deposit into the account or fund; and WHEREAS, the City's Traffic Signalization Fund No. 150 contains unexpended funds; WHEREAS, Government Code Section 66001 (d) requires that a local agency make findings with respect to that portion of the account or fund remaining unexpended; WHEREAS, Traffic Signalization Fund No. 150 fees are to be used for traffic signals installation in the Rohnert Park Major Thoroughfare District; WHEREAS, there is a reasonable relationship between the Traffic Signalization Fee and its use, because the fee will be used to fund traffic signal installations or modifications; WHEREAS, the Traffic Signalization Fees have been deposited into the City's Traffic Signal Fund No. 150 and no additional funds are anticipated to be deposited into this fund because the fee was eliminated in 2004; WHEREAS, all funds available in the Traffic Signalization Fund, which total $1,502,465.99 will be used for Traffic Signal Projects within the Rohnert Park Major Thoroughfare District, and all funds that were temporarily transferred from this Fund will be repaid pursuant to the terms of Resolution 2013 -066; WHEREAS, the Capital Outlay Fund Fee (Fund No. 160) fees are to be used for the acquisition, improvement, and expansion of public parks, playgrounds, open space, recreation facilities, and community facilities such as fire stations, libraries, civic auditoriums, civic centers, and sports stadiums; WHEREAS, there is a reasonable relationship between the Capital Outlay Fund Fee and its use, because the fee will be used to fund public parks, playgrounds, open space, recreation facilities and community facilities; 2014 -177 WHEREAS, the Capital Outlay Fees have been superseded by the Public Facilities Fee and these fees have been deposited into the City's Capital Outlay Fund Fee No. 160; and WHEREAS, all funds in the Capital Outlay Fund, which total $210,954.69, were anticipated in FY 2013 -14 to pay for the Sports Center Locker Room Retrofit project, and an additional funding source was identified from 2007R bond proceeds so that these funds will now be used for the M Park Tennis Courts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that the foregoing recitals are true and correct. BE IT FURTHER RESOLVED that the City Council does hereby accept the Development Impact Fee Report for the fiscal year 2013/14 which is attached hereto as Exhibit A and incorporated by this reference. DULY AND REGULARLY ADOPTED this 9th day of December, 2014. CITY OF ROHNERT PARK Joseph T. Callinan, Mayor ATTEST: JoAnne M. Buergler, City Clerk Attachment: Exhibit A- Development Impact Fee Report for the fiscal year 2013/14 BELFORTE: MACKENZIE: STAFFORD: AHANOTU: CALLINAN: AYES: ( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) 2014 -177 Exhibit A CITY OF ROHNERT PARK ANNUAL DEVELOPMENT IMPACT FEE REPORT Fiscal Year July 1, 2013 through June 30, 2014 Issued on November 21, 2014 Pursuant to Government Code Section 66006, the City of Rohnert Park (the "City ") provides the following information regarding Development Impact Fees for the fiscal year beginning July 1, 2013 through June 30, 2014. This fee was established per Resolution 79 -08 and provides for the expansion of the City's water system, including but not limited to production, storage, distribution facilities and necessary engineering and planning studies. Amount of Fee: $17,715.00 per acre Fund Balance, Receipts, and Interest Earned: Beginning Balance: $ 31,774.93 Receipts 333, 878.47 Interest 452.58 Expenditures 0.00 Ending Balance: $ 366,105.98 Five Year Revenue Test (First In First Out Method) Revenues Expenditures Beginning Fund Balance 2008/09 FY 2009/10 FY 2010/11 FY 2011/12 FY 2012/13 FY 2013/14 Result: Five year s 381, 621.44 320.80 320.80 28, 642.54 334,331.05 Totals $ 745,236.63 Fund Balance $(379,130.65) - 2,490.79 - 2,811.59 - 3,132.39 - 31, 774.93 - 366,105.98 test met in accordance with Government Code 66001. 366,105.98 No interfund transfers or loans were made from this fund. In addition, no refunds or allocations were made pursuant to subdivisions (e) and (f) of Government Code Section 66001. 1 This fee was established per Resolution 2008 -127. The fee served as the mechanism by which the City of Rohnert Park collected from new development the funds necessary to pay for the Incremental Recycled Water Program (IRWP) Capacity Expansion Projects that benefit new development. The City is no longer collecting for Sewer capacity charge. This fee was incorporated into the Public Facilities Fee on November 22, 2011. Fund Balance, Receipts, and Interest Earned: Beginning Balance: $ - Receipts 2,610.94 Interest 436.68 Expenditures 3,047.62 Ending Balance: $ - Five Year Revenue Test (First In First Out Method) Revenues Expenditures Beginning Fund Balance 2008/09 FY 2009/10 2,478,049.39 1,163,338.64 FY 2010/11 193, 878.63 878, 717.95 FY 2011/12 133, 793.40 967, 846.44 FY 2012/13 340, 907.56 888, 762.68 FY 2013/14 3,047.62 3,047.62 Fund Balance I $ 752,036.73 2, 066, 747.48 1, 381, 908.16 547, 855.12 Totals $ 3,149,676.60 $ 3,901,713.33 $ - Result: Five year spent test met in accordance with Government Code 66001. Public Improvement Expenditures: $3,047.62 Description of Public Improvement Project # Project Name Expenditure Laguna Capital Costs $3,047.62 Total Expenditures $3,047.62 No interfund transfers or loans were made from this fund. In addition, no refunds or allocations were made pursuant to subdivisions (e) and (f) of Government Code Section 66001. 2 This fee was established per Resolution 79 -84 for the construction of traffic signals at planned intersections. The fee amounts of those in effect when the fee was eliminated in fiscal 2004. This fee was superseded by the Public Facilities Fee on July 13, 2004. A loan was made from this fund to General Fund for the Department of Public Safety Roof Project authorized by Resolution 2013 -066. Funds are disbursed on a reimbursement basis not to exceed $1.3M with repayment beginning in FY 2015 -16 over a period of 7 years. As of June 30, 2014 $1,002,397.16 has been loaned. Interest accrues at the LAIF rate and $1500.54 has accrued to date. Fund Balance, Receipts, and Interest Earned: Beginning Balance: $ 1,488,651.67 Receipts 7,700.00 Interest 6,114.32 Expenditures 0.00 Ending Balance: $ 1,502,465.99 Five Year Revenue Test (First In First Out Method) Revenues Expenditures Fund Balance Beginning Fund Balance 2008/09 $1,836,080.44 FY 2009/10 24, 917.81 18, 285.00 1, 842, 713.25 FY 2010/11 19, 393.82 - 1,862,107.07 FY 2011/12 12, 731.13 113, 606.28 1, 761, 231.92 FY 2012/13 8,426.66 281, 006.91 1, 488, 651.67 FY 2013/14 13, 814.32 - 1, 502, 465.99 Totals $ 79, 283.74 412, 898.19 1, 502, 465.99 Result: Five year spent test met in accordance with Government Code 66001. Public Improvement Expenditure: $ 0.00 This fee was established per Ordinance 47 for the acquisition, improvement, and expansion of public parks, playgrounds, open space, recreation facilities, and community facilities such as fire stations, libraries, civic auditoriums, civic centers, and sports stadiums. This fee was superceded by the Public Facilities Fee on July 13, 2004. 91 The money is used as the City has applicable projects. It was anticipated in FY 2013 -14 that these funds would be used to pay for the Sports Center Locker Room Retrofit project; however an additional funding source was identified from 2007R bond proceeds. It is now anticipated that these funds will be used for the M Park Tennis Courts. Fund Balance, Receipts, and Interest Earned: Beginning Balance: $ 219,951.81 Receipts 0.00 Interest 648.12 Expenditures 9,645.24 Ending Balance: $ 210,954.69 Five Year Revenue Test (First In First Out Method) Revenues Expenditures Beginning Fund Balance 2008/09 FY 2009/10 FY 2010/11 FY 2011/12 FY 2012/13 FY 2013/14 Result: Five 2,788.65 2,263.45 1,501.53 1,124.44 648.12 Totals $ 8,326.19 Fund Balance $ 212,273.7. - 215,062.39 - 217, 325.84 - 218,827.37 - 219,951.81 9,645.24 9,645.24 = spent test met in accordance with Government Code 66001. Public Improvement Expenditure: $9,645.24 210, 954.69 210, 954.69 No interfund transfers or loans were made from this fund. In addition, no refunds or allocations were made pursuant to subdivisions (e) and (f) of Government Code Section 66001. This fee was updated per Resolution 2008 -126 and shall be solely used for; (a) the purposes described in the Public Facilities Finance Plan (PFFP); (b) for reimbursing the City for the development's fair share of those capital improvements already constructed by the City; or (c) for reimbursing developers who have constructed public facilities described in the PFFP or other facility master plans adopted from time to time by the City Council where those facilities were beyond that needed to mitigate the impacts of the developer's project or projects. Amount of Fee: See the 2008 Updated Public Facilities Fee Schedule (Attachment 1 to Resolution 2008 -126) In Fund Balance, Receipts, and Interest Earned: Beginning Balance: $13,083,270.32 Receipts 2,574,984.25 Interest 23,983.78 Expenditures 9,211,117.62 Ending Balance: $ 6,471,120.73 Five Year Revenue Test (First In First Out Method) Revenues Expenditures Fund Balance Beginning Fund Balance 2008/09 $ 627,134.41 FY 2009/10 317,170.50 5,075.25 939, 229.66 FY 2010/11 70, 556.62 255, 550.64 754, 235.64 FY 2011/12 39, 559.83 129, 630.54 664,164.93 FY 2012/13 13,117,204.97 698,099.58 13,083,270.32 FY 2013/14 2, 598, 968.03 9,211,117.62 6,471,120.73 Totals $16,143,459.95 10,299,473.63 6,471,120.73 Result: Five year spent test met in accordance with Government Code 66001. Public Improvement Expenditure: $9,211,117.62 No interfund transfers or loans were made from this fund. In addition, no refunds or allocations were made pursuant to subdivisions (e) and (f) of Government Code Section 66001. 5 Description of Public Improvement Project # Project Name Expenditure 2011 -04 Sewer Interceptor Phase II $161,577.22 2004 -20 Public Facilities Financing Plan Admin 2,571.50 2011 -11 Dowdell Ave Construction 79,607.01 2007 -02 Eastside Trunk Sewer - Phase II 7,840,928.44 2011 -09 Dowdell Right of Way Acquistion 62,646.27 2014 -01 ESTS - Phase III /Snyder Lane Widening 110,941.05 2012 -08 Dowdell Ave Widening 187.00 2010 -05 Wilfred Widening 4,670.50 2011 -12 Dowdell Ave Improvement 324.00 N/A Laguna Capital Costs 947,664.63 Total Expenditures $9,211,117.62 No interfund transfers or loans were made from this fund. In addition, no refunds or allocations were made pursuant to subdivisions (e) and (f) of Government Code Section 66001. 5 k Meeting Date: Department: Submitted By: Prepared By: Agenda Title ITEM NO. 5.13.6 Mission Statement "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow. " CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT December 9, 2014 Administration Don Schwartz, Assistant City Manager Angie Smith, Purchasing Agent David Rowley, Information Systems Manager Agreement for On -site Audio/Visual Technician Service with Petaluma Community Access (PCA) RECOMMENDED ACTION: Adopt a Resolution Approving an Agreement for On -site Audio/ Visual Technician Services with Petaluma Community Access (PCA). BACKGROUND: The City broadcasts several public meetings a month on the City's Public Education Government (PEG) Cable channels, including City Council, Planning Commission, Parks and Recreation Commission and other Public Meetings as needed. This requires individuals with production and technical skillset and experience to produce a meeting that is easy to watch. For several years the City has contracted with CMedia to provide the technicians to produce the broadcasting of our public meetings. The City was informed that CMedia was raising its hourly rate from $55.00 an hour to $90.00 an hour for one trained technician. This would produce an increase in an unbudgeted cost of approximately $6,000 annually, and only allows for one (1) technician. The annual budget for these services is $12,000. In response to this price increase, staff solicited and received a proposal from Petaluma Community Access (PCA) to provide on -site audio /visual services with one technician at $60.00 per hour. It also includes the option to utilize two (2) technicians at $90.00 per hour. PCA's proposal for one technician keeps in line with the current budget, while allowing an option for an additional technician if the City finds it necessary. The recommended contract allows for additional services to be provided if needed by setting the annual contract limit at $15,000 /year. This item is coming before the City Council because the contract total of $45,000 over three years requires Council approval for consistency with the City's purchasing policies. PCA has been under contract with the City of Petaluma for the past 18 years. PCA is extending the same level of service and pricing as provided to City of Petaluma. ITEM NO. 5. D.6 OPTIONS CONSIDERED: The City could retain CMedia at the higher cost. Staff has explored the potential for a contractor to provide these services remotely, but this approach has not yet been technically proven. CONCLUSION: Staff recommends authorizing and approving the agreement for On -site Audio/ Visual Technician Services with Petaluma Community Access (PCA), of Petaluma, California. • Hourly rate of $60.00 for one (1) technician and $90.00 per hour for two (2) technicians • Not to exceed $15,000 per contract year • Three year agreement beginning January 1, 2015 through December 31, 2018 with the option of an additional, two (2) year extension. FISCAL IMPACT /FUNDING SOURCE: On -site Audio/ Visual Technician Services will be funded in the Information Systems Budget 610 - 0000 - 400 -6101 for FY 2014/2015. Department Head Approval Date: November 26, 2014 City Manager Approval Date: November 26, 2014 City Attorney Approval Date: N/A Attachments: 1. Resolution 2. Agreement 2 RESOLUTION NO. 2014 -178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING AN AGREEMENT FOR ON -SITE AUDIOVISUAL TECHNICIAN SERVICES WITH PETALUMA COMMUNITY ACCESS WHEREAS, the City of Rohnert Park Municipal Code Title 3 Chapter 3.04 provides that the City's purchasing functions shall be governed by the City's purchasing policy, and; WHEREAS, the City broadcasts several public meetings a month on the City's Public Education Government (PEG) Cable channels, and; WHEREAS, the City requires individuals with production and technical skillset to produce public meetings that the general public can follow and appreciate; and, WHEREAS, as per the City Ordinance 843, Resolution 2012 -22 audio /visual technician services are available through a Cooperative Purchase Agreement with the City of Petaluma. The City is authorized to purchase from the United States of America, any state, municipality or other public corporation, or agency, without following formal purchasing procedures as defined in the Purchasing Policy No 441.1.5 Section 3.6.6.C.; and, WHEREAS, Staff recommends authorizing and approving an agreement for on -site audio /visual technician services with Petaluma Community Access, of Petaluma, California for a term of three (3) years with the option to extend the contract for two additional years in the amount not to exceed $15,000 per contract year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve an agreement for on -site audio /visual technician services from the following authorized vendor at or below the following amount: CONTRACTOR NAME TERM NOT TO EXCEED Petaluma Community Access 1 -1 -2015 to 12 -31 -2018 $15,000 /year Petaluma, California w/2 year extension option BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to take all actions necessary to effectuate this agreement, including the execution of documents pertaining to the same for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 9th day of December, 2014. CITY OF ROHNERT PARK Joseph T. Callinan, Mayor ATTEST: JoAnne M. Buergler, City Clerk Attachment: Exhibit A - Contract BELFORTE: MACKENZIE: STAFFORD: AHANOTU: CALLINAN: AYES:( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) 2014 -178 d i T # CONTRACT ON -SITE AUDIOVISUAL TECHNICIAN SERVICES THIS AGREEMENT is entered into as of December 9, 2014, by and between the CITY OF ROHNERT PARK ( "City "), a California municipal corporation, and Petaluma Community Access ( "Contractor "), Recitals WHEREAS, City desires to obtain services for on -site audio /visual technician services; and WHEREAS, Contractor hereby warrants to the City that Contractor is skilled and able to provide such services described in Section 3 of this Agreement; and WHEREAS, City desires to retain Contractor pursuant to this Agreement to provide the services described in Section 3 of this Agreement. Agreement NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. Incorporation of Recitals. The recitals set forth above, and all defined terms set forth in such recitals and in the introductory paragraph preceding the recitals, are hereby incorporated into this Agreement as if set forth herein in full. 2. Project Coordination. A. City. The City Manager or his /her designee, shall represent City for all purposes under this Agreement. The Information Systems Manager is hereby designated as the Project Manager. The Project Manager shall supervise the progress and execution of this Agreement. B. Contractor. The Contractor shall assign John Bertucci, Executive Director to have overall responsibility for the progress and execution of this Agreement. 3. Scope and Performance of Services A. Scope of Services. Subject to such policy direction and approvals as the City through its staff may determine from time to time, Contractor shall perform the services set out in the "Scope of Services" attached hereto as Exhibit A and incorporated herein by reference. B. Time of Performance. The services of Contractor are to commence upon receipt of a written notice to proceed from City, but in no event prior to receiving a fully executed agreement [1] 1208604v1 80078/0012x2012 -09 from City and obtaining and delivering the required insurance coverage, and satisfactory evidence thereof, to City. Contractor shall perform its services in accordance with the schedule attached hereto as Exhibit A, and incorporated herein by reference. Any changes to these dates in either this Section 3 or Exhibit A must be approved in writing by the Project Manager. C. Standard of Quality. City relies upon the professional ability of Contractor as a material inducement to entering into this Agreement. All work performed by Contractor under this Agreement shall be in accordance with all applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Contractor's field of expertise. 4. Compensation and Method of Payment. A. Compensation. The compensation to be paid to Contractor shall be at the rate and schedules attached hereto as Exhibit A. Payment by City under this Agreement shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the City at the time of payment. B. Timing of Payment. Contractor shall submit itemized monthly statements for work performed. City shall make payment, in full, within thirty (30) days after approval of the invoice by the Project Manager. C. Changes in Compensation. Contractor will not undertake any work that will incur costs in excess of the amount set forth in Paragraph 4(A) without prior written amendment to this Agreement. D. Taxes. Contractor shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by Contractor. E. No Overtime or Premium Pay. Contractor shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non - standard business hours, such as in the evenings or on weekends. Contractor shall not receive a premium or enhanced pay for work performed on a recognized holiday. Contractor shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. F. Litigation Support. Contractor agrees to testify at City's request if litigation is brought against City in connection with Contractor's work product. Unless the action is brought by Contractor or is based upon Contractor's negligence, City will compensate Contractor for the preparation and the testimony at Contractor's standard hourly rates, if requested by City and not part of the litigation brought by City against Contractor. 5. Amendment to Scope of Work. City shall have the right to amend the Scope of Work within the Agreement by written notification to the Contractor. In such event, the compensation and time of performance shall be subject to renegotiation upon written demand of either party to the Agreement. Contractor shall not commence any work exceeding the Scope of Work without prior written authorization from the City. Failure of the Contractor to secure City's written authorization for extra or changed work shall constitute a waiver of any and all right to adjustment in the contract price -2- 1208604v1 80078/0012x2012 -09 or time due, whether by way of compensation, restitution, quantum meruit, etc. for work done without the appropriate City authorization. 6. Term. This Agreement is for a three (3) year term beginning January 1, 2015 to December 31, 2018, with the option for an additional two (2) year extension upon written agreement of both parties. 7. Inspection. Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of Contractor are being performed in accordance with the requirements and intentions of this Agreement. All work done shall be subject to the Project Manager's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill the Agreement as prescribed. 8. Ownership of Documents. Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products compiled by the Contractor under the Agreement shall be vested in City, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the City. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to City without restriction or limitations on their use. Contractor may retain copies of the above - described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of City during the term of this Agreement, unless required by law. 9. Employment of Other Contractors, Specialists or Experts. Contractor will not employ or otherwise incur an obligation to pay other Contractors, specialists or experts for services in connection with this Agreement without the prior written approval of the City. 10. Conflict of Interest. A. Contractor covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any investment, income, business entity, interest in real property, or other interest, directly or indirectly, which would conflict in any manner with the interests of City, hinder Contractor's performance of services under this Agreement, or be affected in any manner or degree by performance of Contractor's services hereunder. Contractor further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City. Contractor agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the City in the performance of the Agreement. B. Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor: (1) will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City or of any City official, other than normal contract monitoring; and (2) possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendation, or counsel. (2 Cal. Code Regs. § 18700(a)(2).) -3- 1208604v1 80078/0012x2012 -09 11. Liability of Members and Employees of City. No member of the City and no other officer, elected official, employee or agent of the City shall be personally liable to Contractor or otherwise in the event of any default or breach of the City, or for any amount which may become due to Contractor or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement. 12. Indemnity. To the fullest extent permitted by law, Contractor hereby agrees to defend (by counsel reasonably satisfactory to the City), indemnify, and hold harmless the City, its officers, elected officials, employees, agents, and volunteers from and against any and all claims, demands, damages, costs, liabilities, or obligations brought on account of or arising out of any acts, errors, or omissions of Contractor, its officers, employees, agents, and subcontractors undertaken pursuant to this Agreement excepting liabilities due to the sole negligence or willful misconduct of City. The City has no liability or responsibility for any accident, loss, or damage to any work performed under this Agreement whether prior to its completion and acceptance or otherwise. Contractor's duty to indemnify and hold harmless, as set forth herein, shall include the duty to defend as set forth in California Civil Code § 2778. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Contractor under Worker's Compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Contractor and shall continue to bind the parties after termination/completion of this agreement. This indemnification shall be regardless of and not in any way limited by the insurance requirements of this contract. This indemnification is for the full period of time allowed by law and shall survive the termination of this agreement. 13. Contractor Not an Agent of City. Contractor, its officers, employees and agents shall not have any power to bind or commit the City to any decision. 14. Independent Contractor. It is expressly agreed that Contractor, in the performance of the work and services agreed to be performed by Contractor, shall act as and be an independent contractor and not an agent or employee of City; and as an independent contractor, Contractor shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Contractor hereby expressly waives any claim it may have to any such rights. 15. Compliance with Laws. A. General. Contractor shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations. Contractor represents and warrants to City that it has and shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance and approvals which are legally required for Contractor to practice its profession. Except as otherwise allowed by City in its sole discretion, Contractor and all sub - Contractors shall have acquired, at their expense, a business license from City in accordance with Chapter 5.04 of the Rohnert Park Municipal Code prior to City's issuance of an authorization to proceed with the Services. Such license(s) must be kept valid throughout the term of this Agreement. The City is not responsible or liable for Contractor's failure to comply with any or all of the requirements contained in this paragraph. B. Workers' Compensation. Contractor certifies that it is aware of the provisions of the California Labor Code which require every employee to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that Code, and Contractor certifies that it will comply with such provisions before commencing performance of the Agreement and at all times in the performance of the Agreement. -4- 1208604v1 80078/0012x2012 -09 C. Prevailing Wage. Contractor and Contractor's sub - Contractors (if any) shall, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates to workers and professionals as determined by the Director of Industrial Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article 2. Copies of the applicable wage determination are on file at the City's office of the City Clerk. D. Injury and Illness Prevention Program. Contractor certifies that it is aware of and has complied with the provisions of California Labor Code § 6401.7, which requires every employer to adopt a written injury and illness prevention program. E. City Not Responsible. City is not responsible or liable for Contractor's failure to comply with any and all of its requirements under this section and Agreement. F. Waiver of Subro ag tion. Contractor and Contractor's insurance company agree to waive all rights of subrogation against City, its officers, elected officials, employees, agents and volunteers for losses paid under Contractor's workers' compensation insurance policy which arise from the work performed by Contractor for the City. 16. Confidential Information. All data, documents, discussions or other information developed or received by or for Contractor in performance of this Agreement are confidential and not to be disclosed to any person except as authorized by the City, or as required by law. 17. Assignment; Subcontractors; Employees A. Assignment. Contractor shall not assign, delegate, transfer, or convey its duties, responsibilities, or interests in this Agreement or any right, title, obligation, or interest in or to the same or any part thereof without the City's prior written consent. Any assignment without such approval shall be void and, at the City's option, shall immediately cause this Agreement to terminate. B. Subcontractors; Employees. Contractor shall be responsible for employing or engaging all persons necessary to perform the services of Contractor hereunder. No subcontractor of Contractor shall be recognized by the City as such; rather, all subcontractors are deemed to be employees of the Contractor, and Contractor agrees to be responsible for their performance. Contractor shall give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and shall keep the work under its control. If any employee or subcontractor of Contractor fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, it shall be discharged immediately from the work under this Agreement on demand of the Project Manager. 18. Insurance. Without limiting Contractor's indemnification provided herein, Contractor shall comply with the requirements set forth in Exhibit C to this Agreement. 19. Termination of Agreement; Default. A. This Agreement and all obligations hereunder may be terminated at any time, with or without cause, by the City and / or Contractor upon 30 days' written notice. B. If Contractor fails to perform any of its obligations under this Agreement within the manner herein provided or otherwise violate any of the terms of this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice. -5- 1208604v1 80078/0012x2012 -09 In such event, Contractor shall be entitled to receive as full payment for all services satisfactorily rendered incurred hereunder, an amount which bears the same ratio to the total fees specified in the Agreement as the services satisfactorily rendered hereunder by Contractor bear to the total services otherwise required to be performed for such total fee; provided, however, that the City shall deduct from such amount the amount of damages, if any, sustained by City by virtue of the breach of the Agreement by Contractor. C. In the event this Agreement is terminated by City without cause, Contractor shall be entitled to any compensation owing to it hereunder up to the time of such termination, it being understood that any payments are full compensation for services rendered prior to the time of payment. 20. Suspension. The City shall have the authority to suspend this Agreement and the services contemplated herein, wholly or in part, for such period as it deems necessary due to unfavorable conditions or to the failure on the part of the Contractor to perform any provision of this Agreement. Contractor will be paid for satisfactory Services performed through the date of temporary suspension. 21. Merger; Amendment. This Agreement constitutes the complete and exclusive statement of the agreement between the City and Contractor and shall supersede all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both the City and Contractor. All provisions of this Agreement are expressly made conditions. 22. Interpretation. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted. 23. Litigation Costs. If either party becomes involved in litigation arising out of this Agreement or the performance thereof, the court in such litigation shall award reasonable costs and expenses, including attorneys' fees, to the prevailing party. In awarding attorneys' fees, the court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith. 24. Written Notification. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 72 hours from the time of mailing if mailed as provided in this section. If to City: City of Rohnert Park City Manager 130 Avram Avenue Rohnert Park, CA 94928 If to Contractor: Petaluma Community Access John Bertucci, Executive Director 205 Keller Street, Suite 201 Petaluma, CA 94952 S2 1208604v1 80078/0012x2012 -09 25. Records. Contractor shall maintain adequate records of contract performance costs, expenses, etc., and make these records available for inspection, audit, and copying by the City during the agreement period and for a period of three (3) years from the date of final payment. 26. Agreement Binding. The terms, covenants, and conditions of this Agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 27. Equal Employment Opportunity. Contractor is an equal opportunity employer and agrees to comply with all applicable state and federal regulations governing equal employment opportunity. Contractor will not discriminate against any employee or applicant for employment because of race, age, sex, creed, color, sexual orientation, marital status or national origin. Contractor will take affirmative action to ensure that applicants are treated during such employment without regard to race, age, sex, creed, color, sexual orientation, marital status, or national origin. Such action shall include, but shall not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay -offs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor further agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 28. City Not Obligated to Third Parties. The City shall not be obligated or liable for payment hereunder to any party other than the Contractor. 29. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. 30. Severability. If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. 31. Exhibits. The following exhibits are attached to this Agreement and incorporated herein by this reference: A. Exhibit A: Scope of Services /Fees B. Exhibit B: Insurance Requirements 32. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 33. News Releases /Interviews. All Contractor and sub - Contractor news releases, media interviews, testimony at hearings and public comment shall be prohibited unless expressly authorized by the City. -7- 1208604v1 80078/0012x2012 -09 34. Applicable Law, Venue. This Agreement shall be construed and interpreted according to California law. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Sonoma, California. 35. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms. 36. STATEMENT OF ECONOMIC INTEREST. If City determines Contractor comes within the definition of Contractor under the Political Reform Act (Government Code §87100), Contractor shall complete and file and shall require any other person doing work under this Agreement to complete and file a "Statement of Economic Interest" with the Clerk of the City of Rohnert Park disclosing Contractor and/or such other person's financial interests. IN WITNESS WHEREOF, the City and Contractor have executed this Agreement as of the date first above written. CITY OF ROHNERT PARK PETALUMA COMMUNITY ACCESS By: City Manager Date: Per Resolution No. 2014- adopted by the Rohnert Park City Council at its meeting of December 9, 2014 ATTEST: WE City Clerk 1208604v1 80078/0012x2012 -09 By: _ Title: Date: EXHIBIT A Scope of Services / Fee Schedule CONTRACTOR AGREES TO: • Engage, train and supervise a professionally conscientious and reliable pool of audio /visual technicians dedicated to the task. • Provide routine maintenance monitoring and upkeep of equipment and inform City immediately of any known or suspected problems or issues. City retains responsibility for the technical integrity, head -end connectivity or quality of the video recording and broadcasting equipment installed in the Rohnert Park City Hall. • Provide qualified operators to record all regularly scheduled meetings, and specially scheduled meetings with 72 hours or more notice. • Provide services as designated for: Regular Meeting coverage, Special Meeting coverage, Minor Technical support, City Staff training • Commence work 30 days from the date the contract is awarded. This delay is required for the training of PCA employees and to establish full understanding of basic technical functions and procedural operations onsite. PCA assumes "broadband VPN inbound" to permit eventual remote access to the control room for Rohnert Park government meetings. • PCA to provide one (1) technician on -site for all designated meetings. A second technician will be made available as requested/required by the City. CITY AGREES TO: • Provide PCA regular notification by email for all meetings, even those convened on a regular basis, to be sent to the PCA Executive Director and Meeting Coverage Coordinator. A minimum of 3 days' notice for all meetings. • City to provide video recording and broadcasting equipment installed at Rohnert Park City Hall. FEE SCHEUDLE: • Hourly rate of $60.00 for one (1) technician and $90.00 per hour for two (2) technicians • Not to exceed $15,000 per contract year [9l 1208604v1 80078/0012x2012 -09 • PCA would also bill City of Rohnert Park at the same hourly rate for any set -up and shut- down time required • DVDs produced in the operation of duties, at $15 per duplication. • Operators generally arrive 30 minutes prior to meetings and remain 30 minutes afterwards. [10] 1208604v1 80078/0012x2012 -09 EXHIBIT B (Insurance Requirements) The following parties or entities shall be listed as additional insured by endorsement: The City of Rohnert Park, its officers, elected officials, employees, agents and volunteers. Contractors shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid. The Notice to Proceed with the work will not be issued, and the Contractor shall not commence work, until such insurance has been approved by the City. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof. In addition, the Commercial General Liability Insurance shall be maintained for a minimum of five (5) years ** after final completion and acceptance of the Work. It shall be the Contractor's responsibility to ensure that proof of insurance is sent to the City during this time. The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required herein. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 "any auto" or the exact equivalent. If Contractor owns no vehicles, this requirement may be satisfied by a non - owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employee(s) will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person. 3. Workers' Compensation and Employers Liability: Workers' Compensation on a state - approved policy form providing statutory benefits as required by law with employers' liability insurance, with minimum limits of One Million Dollars ($1,000,000) per occurrence. 4. Course of Construction insurance coverage shall provide "all risk" coverage for the completed value of the project. Policies shall contain the following provisions: a. The City shall be named as loss payee, and b. The insurer shall waive all rights of subrogation against the City. [11] 1208604v1 80078/0012x2012 -09 Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subsection (b) of Section 2782 of the Civil Code. B. Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and $2,000,000 general aggregate. It is permissible to use excess /umbrella coverage to meet limit requirements provided the umbrella policies are appropriately endorsed and meet all other requirements. Additionally, a letter clearly identifying the primary policy or policies to which the excess umbrella coverage applies shall be submitted attesting to the following: "Umbrella or excess liability policies shall provide coverage at least as broad as specified for underlying coverage's and covering those insured in the underlying policies. Coverage shall be "pay on behalf", with defense costs payable in addition to policy limits. There shall be no cross liability exclusion of claims or suits by one insured against another." 2. Automobile Liability: $2,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers Liability: Workers' Compensation providing statutory benefits as required by the Labor Code of the State of California with employers liability insurance, with minimum limits of $1,000,000 per accident or disease. 4. Course of Construction insurance coverage shall provide "all risk" coverage for the completed value of the project. Policies shall contain the following provisions: a. The City shall be named as loss payee, and b. The insurer shall waive all rights of subrogation against the City. C. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, elected officials, employees, agents, and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions [12] 1208604v1 80078/0012x2012 -09 The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverage's a. The City, its officers, elected officials, employees, agents and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Contractor, including the insured's general supervision of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, elected officials, employees, agents or volunteers. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officers, elected officials, employees, agents and volunteers. Any insurance or self- insurance maintained by the City, its officers, elected officials, employees, agents or volunteers shall be in excess of Contractor's insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, elected officials, employees, agents or volunteers. d. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, elected officials, employees, agents and volunteers for losses arising from work performed by Contractor for the City. 3. All Coverage's a. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. b. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an [13] 1208604v1 80078/0012x2012 -09 agreement to indemnify the additional insured would be invalid under Subsection (b) of Section 2782 of the Civil Code. 4. Course of Construction policies shall contain the following provisions: a. The City shall be named as loss payee. b. The insurer shall waive all rights of subrogation against the City. E. Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than AXII or as approved by the City. F. Verification of Coverage Contractor shall furnish the City with certificates of insurance and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by the City. Where by statute, the City's workers' compensation - related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. [14] 1208604v1 80078/0012x2012 -09 CERTIFICATE OF CONTRACTOR I HEREBY CERTIFY that I am the , and a duly authorized representative of the firm of , whose address is and that neither I nor the above firm I here represent has: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above Contractor) to solicit to secure this Agreement. b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the Agreement; or C) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above Contractor) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the Agreement; Except as here expressly stated (if any); I acknowledge that this certificate is subject to applicable State and Federal laws, both criminal and civil. Date 1208604v1 80078/0012x2012 -09 Signature [15] �°""ERT rgRk ITEM NO. 5.13.7 Mission Statement �� WpQ 32 "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow. " CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: December 9, 2014 Department: Development Services Submitted By: Marilyn Ponton, Development Services Director Agenda Title: Consideration of Adoption of a Resolution Approving the First Amendment to Consultant Services Agreement with Dudek for Planning and Environmental Consulting Services RECOMMENDED ACTION: Authorize and approve the First Amendment to Consulting Services Agreement with Dudek for Planning and Environmental Consulting Services for continued processing of numerous long range planning project applications and entitlements. The planning experts at Dudek will only be used on an as- needed basis under the direction of the Development Services Director depending on project workload. BACKGROUND: In August 2014, the City of Rohnert Park entered into a consultant services agreement with Dudek ( "Agreement "), an environmental and planning consulting firm, to provide services for processing of long range planning project applications and entitlements. The City has major land development projects in Specific Plan / Planned Development Areas underway or scheduled for hearing, action or implementation in 2014/2015. The City now proposes entering into a First Amendment as it anticipates concurrent processing of environmental documents, entitlements, and annexations on these areas along with the implementation of recently approved projects. within the next year. ANALYSIS: Dudek has been providing limited long range and current contract planning and environmental services to the City on development projects and the specific plans. This work load, combined with the current staffing levels in the Development Services Department, creates a need for additional planning resources to meet the City's goals for economic development. The First Amendment to the Agreement authorizes the continuation of this contract planning and environmental services work in order to avoid disruption in entitlement processing and implementation. Long range planning is the process to review, analyze and entitle projects with a long range planning horizon. Examples include specific plans such as Southeast, University District, Northwest, Northeast Specific Plan, and planned developments such as Sonoma Mountain Village, the Priority Development Area Plan, Rohnert Crossings and general plan related ITEM NO. 5.13.7 entitlements. "Current Planning" involves the day to day review and entitlement processing of short term projects such as Walmart, Amy's and conditional use permits. Saving a few months or years on the development project entitlement process means earlier creation of jobs, earlier demand for supplies and materials from our local suppliers, and ultimately more tax revenue for the City. The planning work associated with processing specific plans and planned developments is fully reimbursed by the developers of these projects with no General Fund impact. OPTIONS CONSIDERED: • Delay processing of specific plans and planned developments. This option is not recommended as it may expose the City to liability and it also delays progress of development projects such as the Northwest Specific Plan and annexation, the Northeast Specific Plan, University District Specific Plan implementation, Rohnert Crossings and implementation of the Wilfred Dowdell Specific Plan. • The City may consider contracting for limited planning services including environmental review during the concurrent processing of major projects. When work is complete, then the outside professionals are easily released. Fluctuations in work load are easily addressed as the outside professionals will not be given work unless there is more than City staff can process in a timely manner. This method has the advantage that we can control what the outside professionals work on to make sure the work is reimbursed and there is no General Fund Impact. This is the recommended option using the attached resolution to approve the contract. FISCAL IMPACT /FUNDING SOURCE: Development Deposit Accounts: $145,000. These are costs fully reimbursed by developers and applicants in compliance with City's cost recovery policy at no cost to City and would be charged to the respective developments and projects. Department Head Approval Date: 12/1/14 City Manager Approval Date: 12/2/14 City Attorney Approval Date: 12/1/14 Attachments (list in packet assembly order): 1. Resolution of Approval 2. Exhibit "A" to Resolution for First Amendment to Consultant Services Agreement with Dudek 2 RESOLUTION NO. 2014-179 RESOLUTION OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING THE FIRST AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH DUDEK FOR FOR PLANNING AND ENVIRONMENTAL SERVICES WHEREAS, the City of Rohnert Park Municipal Code Title 3 Chapter 3.04 provides that the city's purchasing functions shall be governed by the city's purchasing policy; WHEREAS, on August 26, 2014, City and Dudek ( "Consultant ") entered into that certain agreement entitled "Consultant Services Agreement" ( "Agreement ") to provide general planning and environmental services; WHEREAS, City and Consultant now desire to enter into a First Amendment to the Agreement to provide for additional work for continued general planning and environmental services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AS FOLLOWS: Section 1. Recitals. That the above recitations are true and correct and material to this Resolution. Section 2. Environmental Clearance. That the adoption of this Resolution and accompanying Amendment is exempt from review under the California Environmental Quality Act because the activity in question is not a project as defined under CEQA Guidelines Section 15378 in that there is no potential that the activity will result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Section 3. Agreement. That the First Amendment to the Agreement between Dudek and the City of Rohnert Park is hereby authorized and approved in an amount not to exceed an additional one hundred forty -five thousand dollars ($145,000.00). Section 4. Authorization. That the City Manager is hereby authorized and directed to take all actions to effectuate the First Amendment to the Agreement for and on behalf of the City of Rohnert Park, including execution if necessary, in substantially similar form to the First Amendment attached hereto and incorporated by this reference as Exhibit "A," subject to minor modifications by the City Manager or City Attorney. DULY AND REGULARLY ADOPTED this 9th day of December, 2014. CITY OF ROHNERT PARK Joseph Callinan, Mayor ATTEST: JoAnne Buergler, City Clerk Attachment (Exhibit "A ") — First Amendment BELFORTE: MACKENZIE: STAFFORD: AHANOTU: CALLINAN: AYES: ( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) EXHIBIT "A" TO RESOLUTION NO. 2014 -179 FIRST AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH DUDEK FOR BIOLOGICAL AND REGULATORY PERMITTING SERVICES IN CONNECTION WITH DOWDELL AVENUE CONSTRUCTION — BUSINESS PARK DRIVE TO 850' S OF BUSINESS PARK DRIVE, CITY PROJECT NO. 2011 -11 This First Amendment to Consultant Services Agreement between the City of Rohnert Park ( "City ") and Dudek ( "Consultant ") for additional services ( "First Amendment ") is entered into as of the day of , 2014, ( "Effective Date "), by and between City and Consultant. RECITALS A. City and Consultant entered into that certain agreement entitled "Consultant Services Agreement" ( "Agreement ") to provide planning and environmental consulting services; B. City and Consultant now desire to enter into this First Amendment to provide for additional work as described below. AGREEMENT NOW, THEREFORE, in consideration of the following mutual promises, the parties hereby amend the Agreement as follows: 1. Scope of Services. In addition to the services provided under the Agreement, Consultant shall provide additional services, including but not limited to, the preparation of necessary reports and documents with additional meetings as is more particularly described in Exhibit A, which is attached hereto and incorporated by this reference. 2. Compensation. Consultant shall perform the services described in this First Amendment for a total not -to- exceed amount of $145,000 thus increasing the total cost of the Agreement as amended to $290,000. 3. Agreement in Effect. Except as amended by this First Amendment, the Agreement and all of its amendments shall remain in full force and effect. 4. Counterpart Signatures. This First Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. IN WITNESS THEREOF, the parties have executed this First Amendment as of the date first written above. CITY OF ROHNERT PARK: By: / Darrin Jenkins, City Manager (Date) Per Resolution No. 2014- adopted by the Rohnert Park City Council at its meeting of December 9, 2014. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney DUDEK: By: Name: Title: (Date) By: Name: (Date) Title: EXHIBIT "A" SCOPE OF WORK December 2014 A. Development Review Planning Services Consultant will provide contract staffing services to assist the City of Rohnert Park staff with the project management and entitlement processing tasks for development projects under review at the City. Service covered under this section is for service that is reimbursed by private development and applicants under the City's cost recovery program. Tasks to be performed shall be specifically requested by City before and work is initiated and may include: Environmental Document Preparation and Management Provide oversight and direction to project applicants and environmental consultants throughout completion of the EIR process, serving as primary contact between the City, the applicant and EIR consultant. Review and comment on the environmental documents on behalf of the Planning Division. Compile all EIR review comments completed by the various City departments and assist with the interdepartmental coordination of EIR- related comments as needed. Oversight and management of the EIR preparation; ensure routing of submittals to the appropriate departments and agencies; and provide EIR status /schedule updates. Ensure departmental files provide a legally- adequate EIR administrative record. Complete or review environmental documentation to ensure compliance with CEQA and other state regulations. 2. Application Review and Coordination Assist staff in ongoing processing and management of the applications; update and organize all project files; review and comment on all project submittals; and be responsible for scheduling regular meetings on an individual and group basis between City staff, applicant and other agencies as needed to ensure steady progress of the application processing. This would include communication and coordination with each of the City departments and agencies in a manner that will provide consistent responses and direction to the project applicant. 3. Development Agreement Provide support to City staff with Development Agreement negotiations and completion of draft DAs. 4. StaffReport Preparation Prepare staff reports for Park and Recreation Commission, Planning Commission and City Council hearing, resolutions, conditions of approval and findings, as directed by the Planning and Building Manager. 5. Public Hearing Preparation Prepare public presentation materials, including staff reports and exhibits for the Commission and Council hearings. 6. Annexation Prepare annexation applications and coordinate process through LAFCO. 7. Project Implementation Review and provide input on all supporting plans, programs and actions to ensure that the project is consistent with City policies and environmental mitigation requirements. Coordinate update of Specific Plan, General Plan Diagram and Zoning Map to reflect final decision on development projects. 8. Other Work As directed. B. Biological Resources Studies, Permitting and Services Consultant will provide biological services to assist the City of Rohnert Park staff with the project management and entitlement processing tasks for development projects under review at the City. Service covered under this section is for service that will be reimbursed by private development and applicants under the City's cost recovery program. Tasks to be performed shall be specifically requested by City before and work is initiated and may include: 1. Biological Resources Assessments Review background information (soils, aerial photos, topographic maps, other environmental documents). Obtain report from the California Natural Diversity Data Base for special status species occurrences in the region. Perform query of the California Native Plant Society database for rare plants with potential to occur in the project area. Obtain a database report from the USFWS for special- status species with potential to occur in the project area and critical habitat. Conduct field survey of site to inventory vegetation types and wildlife habitat. Prepare a list of observed plants and animals. Prepare exhibits including habitat maps, species occurrence data, critical habitat, and ground photos. Identify the location of any special status species populations. Prepare Biological Resources Assessment report documenting results of research and field survey(s). 2. Special- status Plant and Animal Surveys Biologists will survey the site for the occurrence of special- status species according to applicable regulatory guidance for surveys within the Santa Rosa Plain Conservation Strategy Area. Prepare a list of species observed and field map locations of any rare plant populations or special- status animal species observed. Prepare exhibits to identify the locations of species mapped during the field survey. Incorporate the results of the survey into survey report include recommendations for appropriate mitigation strategies for any species identified. 3. Wetland Delineations and Verifications Wetland delineations will be conducted to the standards established by the San Francisco District Corps office. Obtain and evaluate background data, such as aerial photographs, soils maps, and other pertinent information. Conduct a wetland delineation according to the Corps' 1987 manual using the three parameter method described in the manual. Create a wetland delineation map showing the features identified as waters of the United States during the delineation site visit. Prepare a Wetland Delineation Report for submission to the U.S. Army Corps of Engineers. Work with the Corps to finalize verification of the Wetland Delineation map. 4. Resource Amy Consultation and Permittin,�-Resource specialists will work on behalf of the City with applicable state and federal agencies to consult regarding Clean Water Act, Endangered Species Act and other regulations to obtain information and permits, as needed. 5. Other Work As directed. RoKxarer pq,p�, i� 62 i ITEM NO. 5.D.8 In addition to the quitclaim process for clearing the invalidated transfers from 2011, the title company has proposed that, following the City quitclaiming its interests in the properties to the Successor Agency, the Successor Agency at the direction of the Oversight Board, transfer the properties back to the City as housing successor to the CDC. The City will need to accept these grant deeds to complete the process as required by the title underwriter. ANALYSIS The proposed resolution grants authority to the Mayor and City Manager, as applicable, to execute such documents, including quitclaim deeds and certificates of acceptance, as may be necessary to ensure that the City holds marketable title to the properties. Once the process is complete, and the title underwriter issues clear title reports for the properties, the City may move forward with disposition activities associated with the properties. Should the City not issue quitclaim deeds, accept the grant of the properties back from the Successor Agency, or otherwise comply with the title company's requirements, title will remain uninsurable, and the City will not be able to dispose of the housing assets. OTHER OPTIONS CONSIDERED 1. One option is not to authorize acceptance of the properties or execution of the documents to clear title to the properties. This option would not provide a benefit to the City as the City has already acted to retain the housing assets and functions of the former CDC and keeping the invalid 2011 deeds on title would restrict the ability of the City to dispose and manage these assets. 2. Another option is to require each quitclaim deed and certificate of acceptance for the subject properties to come before the City Council. This option would be time - consuming and cumbersome and would delay the process of resolving title issues and disposing of the properties. FISCAL IMPACT /FUNDING SOURCE: None. Department Head Approval Date: N/A City Manager Approval Date: 12/2/2014 City Attorney Approval Date: 11/25/2014 Attachments (list in packet assembly order): 1. Resolution No. 2014 -180: A Resolution of the City Council of the City of Rohnert Park Approving the Acceptance By the City of Former Housing Properties of the Community Development Commission of the City of Rohnert Park and Authorizing Execution of Documents Necessary to Ensure City Holds Marketable Title 2. Attachment A — Former CDC Housing Assets PA RESOLUTION NO. 2014 -180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE ACCEPTANCE BY THE CITY OF FORMER HOUSING PROPERTIES OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK AND AUTHORIZING EXECUTION OF DOCUMENTS NECESSARY TO ENSURE CITY HOLDS MARKETABLE TITLE WHEREAS, in March 2011, the Community Development Commission of the City of Rohnert Park ( "CDC ") transferred to the City of Rohnert Park ( "City ") the real properties listed on Attachment A, attached hereto and incorporated herein by this reference ( "Properties "); and WHEREAS, the California state legislature thereafter enacted Assembly Bills xl 26 and 1484 (together, the "Dissolution Act ") to dissolve and unwind the affairs of redevelopment agencies formed under the Community Redevelopment Law (Health and Safety Code Section 33000 et seq.); and WHEREAS, the Dissolution Act, at Health and Safety Code Section 34167.5, retroactively invalidated transfers of assets by a redevelopment agency after January 1, 2011; and WHEREAS, although the transfer of the Properties from the CDC to the City in 2011 is consequently invalidated and without legal effect, the recorded instruments used to effectuate such invalidated transfers have created a cloud on the Properties' title; and WHEREAS, the Dissolution Act provides that the city, county, or city and county that authorized the creation of the redevelopment agency shall be the "successor agency" to the dissolved redevelopment agency unless the city, county, or city and county elects not to serve as the successor agency under Health and Safety Code Section 34173(d)(1); and WHEREAS, the Dissolution Act, at Health and Safety Code Section 34176, also provides that the city, county, or city and county that authorized the creation of the redevelopment agency may also elect to retain the housing assets and functions previously performed by the former redevelopment agency; and WHEREAS, by adoption of Resolution No. 2012 -10 on January 10, 2012, the City Council of the City of Rohnert Park (the "City Council ") declared that, effective February 1, 2012: (1) the City, acting in a separate legal capacity and as a separate public entity pursuant to Health and Safety Code Section 34173(g), would act as successor agency (the "Successor Agency ") for the CDC; and (2) the City would retain the housing assets and responsibility for performing housing functions previously performed by the CDC; and WHEREAS, pursuant to Health and Safety Code Section 34176(a), all rights, powers, duties, obligations, and housing assets (as defined in Section 34176(e)) have been or shall be transferred to the City; and WHEREAS, the Properties are all former housing assets of the CDC; and WHEREAS, the City Council desires to authorize the execution of such documents as may be necessary to ensure that the City as successor to the housing assets and properties of the CDC holds marketable title to the Properties; and WHEREAS, on December 1, 2014 the Oversight Board to the Successor Agency adopted Resolution No. 2014 -10 directing the transfer of all former CDC housing assets to the City; and WHEREAS, on December 9, 2014 the City Council as Governing Board of the Successor Agency adopted Resolution No. 2014 -170 consenting to the transfer of all former CDC housing assets to the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council hereby finds and determines that the foregoing recitals are true and correct, and together with the accompanying staff report and information provided by City staff and the public, form the basis for the approvals, authorizations, findings, and determinations set forth in this Resolution. Section 2. The City Council does hereby approve acceptance of the Properties by City and authorize the Mayor and City Manager, as applicable, to execute such documents, including but not limited to quitclaim deeds and certificates of acceptance, and take such actions as may be necessary or convenient to ensure that the City as successor to the assets and functions of the CDC holds marketable title to the Properties and otherwise to effect the purposes of this Resolution. Section 3. The transfer of the Properties to the City is exempt from the requirements of the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15061(b)(3) (as an action which it can be seen with certainty will not have a significant effect on the environment). Section 4. This Resolution shall take effect immediately upon adoption. DULY AND REGULARLY ADOPTED this 9th day of December, 2014. CITY OF ROHNERT PARK Joseph T. Callinan, Mayor ATTEST: JoAnne M. Buergler, City Clerk Attachment: Former CDC Housing Assets BELFORTE: MACKENZIE: STAFFORD: AHANOTU: CALLINAN: AYES:( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) 2014 -180 ATTACHMENT "A" Former CDC Housing Assets APN Address 143 - 380 -COM Land surrounding office condominium units; 100 Avram Avenue 143 - 380 -022 Office Condominium Unit; 100 Avram Avenue #101 143 - 380 -023 Office Condominium Unit; 100 Avram Avenue #102 143 - 380 -024 Office Condominium Unit; 100 Avram Avenue #103 143 - 380 -025 Office Condominium Unit; 100 Avram Avenue #104 143 - 380 -026 Office Condominium Unit; 100 Avram Avenue #201 143 - 380 -027 Office Condominium Unit; 100 Avram Avenue #202 143 - 380 -028 Office Condominium Unit; 100 Avram Avenue #203 143 - 380 -029 Office Condominium Unit; 100 Avram Avenue #204 143 - 061 -052 120 Avram Avenue 143 - 380 -014 6750 Commerce Boulevard 143 - 380 -015 6770 Commerce Boulevard 143 - 273 -023 7668 Beverly Drive 143 - 271 -049 746 Brett Avenue 143 - 252 -005 309 Burton Avenue 143 - 203 -001 7783 Burton Avenue 143 - 073 -005 7982 Santa Barbara Drive 143 - 370 -010 435 Southwest Boulevard SUPPLEMENTAL ITEM ITEM NO. CC MEETING DATE: ATTACHMENT "A" - REVISED- Former CDC Housing Assets APN Address 143 - 380 -COM Land surrounding office condominium units; 100 Avram Avenue 143 - 380 -022 Office Condominium Unit; 100 Avram Avenue #101 143 - 380 -023 Office Condominium Unit; 100 Avram Avenue #102 143 - 380 -024 Office Condominium Unit; 100 Avram Avenue #103 143 - 380 -025 Office Condominium Unit; 100 Avram Avenue #104 143 - 380 -026 Office Condominium Unit; 100 Avram Avenue #201 143 - 380 -027 Office Condominium Unit; 100 Avram Avenue #202 143 - 380 -028 Office Condominium Unit; 100 Avram Avenue #203 143 - 380 -029 Office Condominium Unit; 100 Avram Avenue #204 143 - 061 -052 120 Avram Avenue 143 - 380 -015 6750 (Some documents reference as 6770) Commerce Boulevard 143 - 273 -023 7668 Beverly Drive 143 - 271 -049 746 Brett Avenue 143 -252 -005 309 Burton Avenue 143 - 203 -001 7783 Burton Avenue 143 - 073 -005 7982 Santa Barbara Drive 143 - 370 -010 435 Southwest Boulevard ITEM NO. 5.13.9 �OIANERT rq Rk Mission Statement "We Care for Our Residents by Working Together to Build a z9 62 Better Community for Today and Tomorrow. " CAL�FORNtP CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: December 9, 2014 Department: Public Works and Community Services Submitted By: John McArthur, Director of Public Works and Community Services Prepared By: Mitch Austin, Community Services Manager Agenda Title: Consideration of Adopting a Resolution to: 1) Accept Grant Funds from the National Recreation and Parks Association (NRPA) in the amount of $70,845; 2) Authorize the City Manager to Execute a Memorandum of Understanding with NRPA for Purchase of an Eight (8) Passenger Van for the Senior Center and for the Purchase and Installation of Tot Lot Play Equipment for Eagle Park; and 3) Authorize an increase in budget appropriations to purchase grant funded items. RECOMMENDED ACTION Adopt a resolution to: 1) accept grant funds from National Recreation and Parks Association (NRPA) in the amount of $70,845; 2) authorize the City Manager to execute a memorandum of understanding with NRPA for purchase of an eight (8) passenger van for the Senior Center and for the purchase and installation of tot lot play equipment for Eagle Park; and 3) authorize an increase in budget appropriations to purchase grant funded items. BACKGROUND City staff was approached by the National Recreation and Parks Association (NRPA) to determine if the City would be interested in receiving grant funds provided by the Federated Indians of Graton Rancheria (Tribe). Through their partnership with NRPA, the Tribe is interested in providing grants in communities to enhance parks and recreation. The Tribe was specifically interested in providing grant funds through the NRPA to the City of Rohnert Park for this purpose. Staff has identified two critical needs that could be fully funded by this grant. Specifically, there is an immediate need to replace an existing 8- passenger van at the Senior Center and the outdated play equipment at Eagle Park. In order to secure funds, the City must execute a Memorandum of Understanding (MOU) with NRPA shown in Exhibit A of the resolution for adoption. Should the City Council accept the grant, per the MOU the City would be obligated to perform the following actions: • Purchase a new 8- passenger van for transporting seniors, including the placement of a decal recognizing donation by Graton Resort & Casino. The decal not to exceed 18 inches in diameter. • Put into service the 8- passenger van within 60 days of execution of this MOU with a 60- day grace period. • Purchase and install new tot -lot playground at Eagle Park, including placement of sign, plaque, or similar recognizing donation by Graton Resort & Casino. Sign not to exceed 18 by 24 inches. • Open the playground for use by March 1, 2015 with a grace period of 60 days. Playground to be opened no later than May 15, 2015. • Host a site visit(s) by NRPA, Graton Resort & Casino, and/or their affiliates if requested. • Promote receipt of grant and success of project through press release and celebratory event in collaboration (ribbon cutting) with Graton Resort & Casino and affiliate. • Submit a financial summary of how the grant funds were utilized upon completion of the project. City staff envisions signage to be limited to 18 inches on the van and 24 inches at the playground. Additionally, ribbon cutting ceremony would be organized by City staff, Parks and Recreation Commissioners and City Councilmembers would be invited to participate. ANALYSIS The current Senior Center 8- passenger van is 18 years old and should be replaced next fiscal year. In order to continue the Senior Center day -trip program, a new van would need to be purchased. If the grant is not accepted, the City would either have to fund a new van with the estimated cost being $29,000 or reduce the number of seniors that can be accommodated on day - trips. The play structure at Eagle Park is out of date and no longer meets the modern play equipment standards. If the City did not accept the grant funds to replace the structure then the City could either fund replacement of equipment at an estimated cost of $40,000 or remove equipment with no play structure left in its place. The play structure is adjacent to the softball field and there is regular use during softball practices and games by younger children who come with parents to watch the games. The purchase and replacement of an existing van and playground structure will be done in compliance with the City's purchasing policy. OPTIONS CONSIDERED There are no other grants that have been identified that can be used to purchase these items. If the grant is not accepted, staff would propose including sufficient funds for these items in the 2015 -16 operating budget. FISCAL IMPACT The replacement van and playground equipment would normally be funded by the General Fund. Receipt of this grant relieves the General Fund of this pending capital outlay. The additional revenue from the grant and related expenditures for the Senior Center van and Eagle Park playground are not included in the 2014 -15 operating budget. Staff is recommending increasing revenue and appropriations in the Senior Center and Parks operating budgets to receive the grant funds and purchase the van and playground. Additionally, per City Council Fiscal Policy, Use of Restricted Capital Reserve Funds approved by City Council Resolution 2011 -56, replacement funds will be set aside each fiscal year in the Vehicle Replacement Fund in an amount based on the projected future replacement value and expected service life of the new vehicles. Based on an estimated 12 -year vehicle service life, staff estimates an annual vehicle replacement amount of $3,500 per year. The vehicle replacement funds would be included in the Senior Center operating budget. ENVIRONMENTAL ANALYSIS Acceptance of grant funds is not a project subject to the California Environmental Quality Act. The removal of the old playground equipment and replacement with new equipment is exempt from CEQA pursuant to CEQA Guidelines Section 15301, which consists of operation, repair, maintenance or minor alteration of existing public structures and facilities involving negligible expansion beyond that existing, and/or Section 15302, which consists of the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity. RECOMENDATION Staff recommends that the Council receive the grant funds in the amount of $70,845 and approve the MOU with the NRPA for purchase of 8- passenger van and tot -lot play equipment for installation at Eagle Park. Department Head Approval Date: November 25, 2014 (McArthur) City Manager Approval Date: December 3, 2014 City Attorney Approval Date: November 26, 2014 Attachments: 1. Resolution 2. Memorandum of Understanding with National Recreation and Parks Association (NRPA) RESOLUTION NO. 2014 -181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK TO 1) ACCEPT GRANT FUNDS FROM THE NATIONAL RECREATION AND PARKS ASSOCIATION (NRPA) IN THE AMOUNT OF $70,845; 2) AUTHORIZE THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE NRPA FOR PURCHASE OF AN EIGHT (8) PASSENGER VAN FOR THE SENIOR CENTER AND FOR THE PURCHASE AND INSTALLATION OF TOT LOT PLAY QUIPMENT FOR EAGLE PARK; AND 3) AUTHORIZE AN INCREASE IN BUDGET APPROPRIATIONS TO PURCHASE GRANT FUNDED ITEMS WHEREAS, the City has an opportunity to receive grant funding through the National Recreation and Parks Association, (NRPA) whose primary objective is to support the development of parks and recreation throughout the country; and WHEREAS, the Federated Indians of Graton Rancheria (Tribe) is interested in funding NRPA grants in communities to enhance parks and recreation; and WHEREAS, the Tribe has selected the City of Rohnert Park as a recipient of said grant; and WHEREAS, staff has determined that an existing Senior Center van has reached the end of its service life and is in need of replacement; and WHEREAS, the play equipment at Eagle Park is in need of replacement; and WHEREAS, the Senior Center van supports vital services provided to senior members of the community and the Eagle Park playground supports the development of parks and recreation throughout Rohnert Park for the benefit of a broad spectrum of our community; and WHEREAS, the NPRA has prepared a Memorandum of Understanding outlining terms for receiving and expending grant funds; and WHEREAS, the City is willing to comply with the terms of the Memorandum of Understanding for receiving and expending the grant funds; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby accept the NRPA grant funds in the amount of $70,845 and directs staff to use said funds to purchase the items per the terms and conditions of the Memorandum of Understanding, which is attached hereto as Exhibit A and incorporated herein by reference, and further authorizes the Director of Finance, or his /her designee, to increase revenue in the Senior Center and Parks operating budgets and appropriations in the amount of $40,845 in account 4001 - 400 -9610, and $30,000 5501- 400 -9610; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Memorandum of Understanding and is directed to take all actions as may be necessary to effectuate the completion of the terms of the Memorandum of Understanding on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this Stn day of December, 2014. CITY OF ROHNERT PARK Mayor ATTEST: City Clerk EXHIBIT A MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU), dated December 9, 2014 (Effective Date), is made between National Recreation and Park Association, a Virginia -based not - for -profit 501(c)3 with a mailing address of 22377 Belmont Ridge Road, Ashburn, Virginia, 20148 (NRPA) and City of Rohnert Park, a provider of park, recreation, or community services in Rohnert Park, California (Grantee). 1. Purpose The purpose of this MOU is to confirm approval of the terms governing the acceptance and use of Seventy Thousand Eight Hundred Forty Five Dollars ($70,845) made available to Grantee for the implementation of the agreed upon public park and recreation improvements (Project). Made possible through the support of Graton Resort & Casino in collaboration with EcoMedia, NRPA is managing the administration of this Grant Program (Program). Grants made through this Program are restricted to the: • Purchase of a new eight (8) passenger van to transport seniors to /from the senior center and other sites within the city, including public buildings, parks, medical facilities, and recreational opportunities in and around the city • Installation of a new playground at a public park or community center in order to provide increased physical activity and recreation opportunities for children Having been selected as a recipient of funding through this Program, Grantee is required to accept the terms contained within this MOU in order to receive funding as a grant recipient. 2. Project Funding A. Within 30 days upon execution of this MOU, NRPA will send Grantee a check in the amount of Seventy Thousand Eight Hundred Forty Five Dollars ($70,845) B. Funds will be distributed by NRPA C. No matching funds are required 3. Grantee Requirements Grantee will: A. Purchase and equip as necessary a new eight (8) passenger van for transporting seniors, including the placement of a decal recognizing donation by Graton Resort & Casino B. Put into service the eight (8) passenger van within 60 days of execution of this MOU C. Install a new playground on public property, including placement of sign, plaque, or similar recognizing donation by Graton Resort & Casino. Playground design and location must be approved in advance by NRPA D. Open the playground for use by March 1, 2015 E. Host a site visit(s) by NRPA, Graton Resort & Casino, and/or EcoMedia, if requested F. Incorporate into the Project donor recognition, to be mutually agreed upon in advance with NRPA G. Promote receipt of grant and success of Project through press release and celebratory event in collaboration with Graton Resort & Casino and EcoMedia H. Submit a financial summary of how the grant funds were utilized upon completion of the Project 4. Promotion EcoMedia and Graton Resort & Casino shall have the right to advertise, publicize and promote the support for the Project in any and all media, now known or hereafter invented, throughout the world in perpetuity. Grantee shall permit EcoMedia and Graton Resort & Casino representatives to attend any and all promotional events (e.g., press announcements, ground- breaking and ribbon - cutting ceremonies, fund- raising events and parties, etc.) relating to the Project. EcoMedia and Graton Resort & Casino shall also have the right to issue one or more press releases regarding the support for the Project. Grantee shall provide NRPA for review any statement or message related to Project in advance of its release to the public. 5. Limits of Liability Neither NRPA, nor EcoMedia or Graton Resort & Casino, or any of their respective parents, subsidiaries, affiliates, officers, directors or employees shall be liable to Grantee and/or its affiliates for any liability of any kind relating to or arising out of participation in this Project hereunder. 6. Term The term of this MOU will commence on the Effective Date and shall continue until June 1, 2015. 7. Termination Either party may terminate this MOU at any time effective upon receipt of written notice by the other party of failure to perform. The non - performing party shall have sixty (60) days to cure its obligation. If the non- performing party fails to satisfactorily cure its obligation within this time this MOU will be terminated. In the event this MOU is terminated due to Grantee's failure to perform, the Grantee shall repay to NRPA any portion of the grant provided for the Project not already spent as of the effective date of such termination. These parties have caused this MOU to be signed by their duly authorized representatives as of the date set forth. NATIONAL RECREATION AND PARK ASSOCIATION By: Printed Name: Title: Date: CITY OF ROHNERT PARK By: Printed Name: Title: Date: RoKxFrer pq,p�, i� 62 i ANALYSIS ITEM NO. 5.D.10 Briefly, the major purchase information for this offer is as follows: Listing Price $365,000 Accepted Counter Offer Price $350,000 Difference From Listing Price - $15,000 Loan Type Conventional Down Payment 14% Escrow Period 60 Days Occupancy Type Owner - Occupied Counter Offer Credits or Concessions 1 -Year Home Warranty to be provided by City's Broker While the purchase price will be below the listing price by $15,000, the listing price was made before either a roof or pest inspection was conducted, which revealed that major repairs are needed. The Buyer has provided in the purchase agreement that this house will be their primary residence, making the home owner - occupied. The amount of the down payment increases the stability of the offer during the escrow period. Staff is recommending Council approval of this purchase agreement. ENVIRONMENTAL REVIEW Approval of the purchase agreement is exempt from the California Environmental Quality Act (CEQA) as it does not constitute a project pursuant to Section 15378 of the CEQA Guidelines. The agreement proposes the sale and transfer of the home, and does not disturb or impact the physical environment. ALTERNATIVE OPTIONS: 1. One option would be to reject the purchase agreement, and place the home back on the market. This option would provide limited benefits, if any, and depending upon market conditions could result in lower offers. 2. A second option would be to issue another counter offer should this agreement not be acceptable to the Council. FISCAL IMPACT /FUNDING SOURCE: Approval of the agreement would provide for revenue to the LMIHAF. The amount of revenue would be the purchase price of $350,000, minus commissions, report costs, and other smaller costs that are deducted from the purchase price at the close of escrow. 0A ITEM NO. 5.D.10 Department Head Approval Date: N/A City Manager Approval Date: 12/3/2014 City Attorney Approval Date: N/A Attachments (list in packet assembly order): 1. Resolution No. 2014 -182: A Resolution of the City Council of the City of Rohnert Park Approving the Residential Purchase Agreement and Joint Escrow Instructions Counter Offer for the Sale of 7668 Beverly Drive to Cameron Murphy. 2. Residential Purchase Agreement and Joint Escrow Instructions, including Addendum and Counter Offer Nos. 1 a, 1 b, and 2. RESOLUTION NO. 2014 -182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS, AS MODIFIED BY AN ADDENDUM AND COUNTER OFFERS, FOR THE SALE OF 7668 BEVERLY DRIVE TO CAMERON MURPHY WHEREAS, the California state legislature enacted Assembly Bills xl 26 and 1484 (together, the "Dissolution Act ") to dissolve and unwind the affairs of redevelopment agencies formed under the Community Redevelopment Law (Health and Safety Code Section 33000 et seq.); and WHEREAS, the Dissolution Act provided that the city, county, or city and county that authorized the creation of a redevelopment agency could elect to retain the housing assets and functions previously performed by the former redevelopment agency; and WHEREAS, the City of Rohnert Park ( "City ") did in fact elect to assume the housing assets and functions of its redevelopment agency, the Community Development Commission of the City of Rohnert Park ( "CDC "); and WHEREAS, the Planning Commission has determined by adoption of Resolution No. 2014 -37 on September 11, 2014 that the disposition of the property is in conformity with the City's adopted General Plan; and WHEREAS, the City Council determined at a public meeting on May 13, 2014, after receiving public comment, to sell 5 single - family residential housing assets of the former CDC, including the residence at 7668 Beverly Drive ( "Property "), with the proceeds of such sale to be deposited into the City's Low and Moderate Income Housing Asset Fund; and WHEREAS, the City solicited and received an offer from a prospective purchaser; and WHEREAS, City staff have negotiated with Cameron Murphy ( "Buyer ") the terms of a Residential Purchase Agreement and Joint Escrow Instructions, as modified by an Addendum and Counter Offer Nos. 1 a, 1 b, and 2, in the form attached to the Staff Report accompanying this Resolution ( "Purchase Agreement "). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AS FOLLOWS: Section 1. Recitals. The above recitations are true and correct and material to this Resolution. Section 2. Environmental Clearance. The adoption of this Resolution and approval of the accompanying Purchase Agreement is exempt from review under the California Environmental Quality Act because the activity in question is not a project as defined under CEQA Guidelines Section 15378 in that there is no potential that the activity will result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Section 3. Agreement. The Purchase Agreement is hereby approved. Section 4. Authorization. The Council hereby authorizes the Mayor to execute the Purchase Agreement and authorizes the Mayor to perform such other acts as may be necessary or convenient to effectuate the purposes of this Resolution. DULY AND REGULARLY ADOPTED this 9th day of December, 2014. ATTEST: JoAnne M. Buergler, City Clerk BELFORTE: CITY OF ROHNERT PARK Joseph T. Callinan, Mayor MACKENZIE: STAFFORD: AHANOTU: AYES:( ) NOES: ( ) ABSENT:( ) ABSTAIN: (2) CALLINAN: ATTACHMENT 2 j CAL I F O R N I A BUYER COUNTER OFFER No. 2 ASSOCIATION OF REALTORS"' (C.A.R. Form BC0,11114) Date December 2, 2014 This is a counter offer to the: [2 Seller Counter Offer No. 1 ab , ❑ Seller Multiple Counter Offer No.—, ❑ or Other ( "Offer'), dated , on property known as 7668 Beverly Dr, Rohnert Park, CA 94928 ( "Property "), between Cameron Murphy ( "Buyer") and Seller of Record ("Seller "). 1. TERMS: The terms and conditions of the above referenced document are accepted subject to the following: A. Paragraphs in the Offer that require initials by all parties, but are not initialed by all parties, are excluded from the final agreement unless specifically referenced for inclusion in paragraph 1C of this or another Counter Offer or an addendum. B. Unless otherwise agreed in writing, down payment and loan amount(s) will be adjusted in the same proportion as in the original Offer. C. OTHER TERMS: Expiration of Counter offer la R 1h is ex anded to 5'00.pm on Dfarember R 2014 Buyer accepts all conditions in Counter Offer la & lb- D. T❑he following attached addenda are Incorporated into this Buyer Counter offer: ❑ Addendum No. 2. EXPIRATION: This Buyer Counter Offer shall be deemed revoked and the deposits, if any, shall be returned: A. Unless by 5:00pm on the third Day After the date it is signed in paragraph 3 (if more than one signature then, the last signature date)(orby 5:00 []AM © PM on _1211512014 (date)) (i) it is signed in paragraph 4 by Seller and (ii) a copy of the signed Buyer Counter Offer is personally received by Buyer or who is authorized to fete a it. OR B. If Buyer withdra It' writin 20 Form WOO) anytime prior to Acceptance. 3. OFFER: COUNTER OFFER ON THE TERMS ABOVE AND ACKNOWLEDGES RECEIPT OF A COPY. Buyer Cameron Murph Date f2�1 • ;L j Buyer Date 4. ACCEPTANCE: IIWE accept the above Buyer Counter Offer (If checked ❑ SUBJECT TO THE ATTACHED COUNTER OFFER) and acknowledge receipt of a Copy. Seller Seller of Record Date Time 8AM /0 PM Seller Date Time AM/ PM CONFIRMATION OF ACCEPTANCE: ( / } (initials) Confirmation of Acceptance: A Copy of Signed Acceptance was personally received by Buyer or Buyer's authorized agent as specked in paragraph 2A on (date) at []AM/ ❑ PM. A binding Agreement is created when a Copy of Signed Acceptance is personally received by Buyer or Buyer's authorized agent whether or not confirmed in this document. 0 2014, Califomia Association of REALTORS®, Inc. United Slates copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproducllon of (his form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSO (C,A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION, A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE. CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS& It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSO who subscribe to its Code of Ethics. Published and Distributed by: ` REAL ESTATE BUSINESS SERVICES, INC. " a subsidiary of the California Association of REALTORS® e 525 South Virgil Avenue, Los Angeles, California 90020 Reviewed by Date 1121" a BCO 11!14 (PAGE 1 OF 1) ,« BUYER COUNTER OFFER (BCO PAGE 1 OF 1) Patinae Unlon Intcraat[pnat, 137 Fourth Sareot Pelafumo., G4 94952 Phone: 707.246.6217 Fax: 7668 aeverty Deborah Cheda Produced with ApForm® by zlpLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.rlpLogix.com CALIFORNIA COUNTER OFFER No. 1a = A S S O C I A T I O [V For use by Seller or Buyer. May not be used as a multiple counter offer, 10, O F R E A L T O R S O (C.A.R. Form CO, Revised 11/13) Date November 21, 2014 This is a counter offer to the:0 California Residential Purchase Agreement, ❑ Counter Offer No. , or❑ Other ("Offer "), dated November 21, 2014 , on property known as 7668 Beverly Drive, Rohnert Park Rotinert -ar1C, CA st4swze ( "Property "), !en Camexon 141L : by ( "Buyer') and Ci ty of Rohnert Park ( "Seller). TERMS: The terms and conditions of the above referenced document are accepted subject to the following: A. Paragraphs in the Offer that require Initials by all parties, but are not Initialed by all parties, are excluded from the final agreement unless spit icaAy referenced for Inclusion In paragraph 1 C of this or another Counter Offer or an addendum. B. Unless otherwise agreed In writing, down payment and loan amount(s) will be adjusted In the same proportion as in the original Offer. C. OTHER TERMS: Purchase price to be $350, 000. Paragraph 1. D. shall be amended to provide that Close of Escrow to be 60 days. Listing agent to provide Home Warranty. Paragraph 4A(4) Natural Hazard Report, to be prepared by a fira/individual of seller's choice. Title Company maybe subject to change & buyer agrees to this change. Seller is clearing a title question & inspection times to begin once this has been cleared.Couater offer is subject to City Council Approval within 14 darts of acceptance. See page two, attached. The following attached addenda are incorporated into this Counter Offer: ❑ Addendum ❑ ❑ 2, EXPIRATION: This Counter Offer shall be deemed revoked and the deposits, if any, shall be returned: A. Unless by 5:00pm on the third Day After the date it is signed in paragraph 3 (if more than one signature then, the last signature date)(or by ❑ AM ❑ PM on (date)) (1) It is signed in paragraph 4, by the Buyer or Seller to whom It is sent and (ii) a copy of the signed C rfM Offer is personally received by the person making it or Patricia N Mf.11er who is authorized to receive it. OR B. If the Buyer or Seller ww� e the Co ter O or Ih ws it anytime prior to Acceptance (C.A.R. Form WOO may he used). 3. OFFER: BUYER OR-S EST CON FFER -ON THE TERMS ABOVE AND ACKNOWLEDGES RECEIPT OFrA COPY. Q Buyer wee Date %1/ C.t v o ar er Ilzy ❑ Buyer ❑ Seller_ ACCEPTANCE: I /WE receipt of a Copy. Buyer ❑ Seller ❑ Buyer ❑ Seller_ CONFIRMATION OF ACCEPTANCE: Date Offer (If checked SUBJECT TO THE ATTACHED COUNTER OFFER) and acknowledge ra Date ` r - i Time ❑ AM ❑ PM Date Time ❑ AM PM ( / ) (Initials) Confirmation of Acceptance: A Copy of Signed Acceptance was personally received by the maker of the Counter Offer, or that person's authorized agent as specified in paragraph 2A on (date) at ❑ AM ❑ PM. A binding Agreement is created when a Copy of Signed Acceptance Is personally received by the maker of the Counter Offer, or that person's authorized agent whether or not confirmed in this document. 02008.2013, Carfornia Assoclatian of REALTORSS, Inc, United Slates copyright law (Title 17U S, Code) lorblds the unaulharizcd distribution, display and reproduellon at this lorm, or any porgen thereof, by photocopy machine or any other means. Including lacslmile or computerized formats THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSO (CA R). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL This form Is made avallable to real estate professionals through an agreement with or purchase [ram the Callfom4 Association of REALTORS& It Is not intended to ideniffy the user as a REALTOR®. REALTORO Is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics, ®i Ruh a REAL ESTATE )9LS)U S NES S fly: SERVICES, INC. a subsidiary of the CaOfoinla Association of REALTORS® C a 525 South Wgd Avenue, Los Angeles, Callfomla 90020 Reviewed b Y Dale I09AlMTK a,prr,lLulY CO REVISED 11/13 (PAGE 1 OF 1) COUNTER OFFER (CO PAGE 1 OF 1) Agent: Patricia Millar Phone: 707.303.4114 Fax: 707.504-0469 Prepared using aipFormOsoftware Broker: CENTURY 21 North Bay Allianco, 6601 Commerce Blvd Rohnort Park, CA 94928 CALIFORNIA ASSOCIATION SELLER COUNTEROFFER No. 1b VOF R E A L T O R S O May not be used as a multiple counter offer. (C.A.R. Form SCO, 11114) Date November 26, 2014 This is a counteroffer to the: & California Residential Purchase Agreement, []Buyer Counter Offer No._, or J] Other ( "Offer"), dated November 21. 2014 , on property known as 7668 Beverly Drive .RRohnert Park, Rohnort Park, CA 94928 ( "Property "), between Cgalarert Mfrmhy ("Buyer) and — C1i�DfBstlm park ("Seller"). TERMS: The terms and conditions of the above referenced document are accepted subject to the following: A. Paragraphs in the Offer that require initials by all parties, but are not initialed by all parties, are excluded from the final agreement unless specifically referenced for inclusion in paragraph 1C of this or another Counter Offer or an addendum. B. Unless otherwise agreed in writing, down payment and loan amount(s) will be adjusted in the same proportion as in the original Offer. C. OTHER TERMS: Pave 2 of 2 JL1IS dGOGaflLr2rire afllllSs.t2unterOffer 8trverdCkfiowl • 1 hZt., Pr is worlri 1am=lVpL'f!e issu9 0 r5alm1pri _Io the p�pp� , sfatttS_,3 a property &1nerly p rz V! R qua. /ot3aiet2L �QfuLnission of tho Oily of Rohnett ParA anti- Lial Seller y derzenrls on actions of third parti s ou $&Ilor s yonlrol 1chtding the California varfinent ofEinroncel. The rontinnw,i set bill f2araaranh 14 o11h Purchase AQraenrerrI Shad not bagin —tt7 In tnl flf 5 Vi ter ilis7LS.tLCh issues have @Bf1 s1tCosstuI!y sn' d D. ❑The following attached addenda are Incorporated into this Seller Counter offer: ❑Addendum No. 2. EXPIRATION: This Seller Counter Offer shall be deemed revoked and the deposits, if any, shall be returned: A. Unless by 5:00pm on the third Day After the date it Is signed in paragraph 3 (if more than one signature then, the last signature date)(or by ❑AM (J PM on (date)) (i) it is signed in paragraph 4 by Buyer and (ii) a copy of the signed Seller Counter Offer is personally received by Seller or PP who is authorized to receive it. OR B. If Seller withdraws A 1 -49 (CAR Form WOO) anytime prior to Acceptance. 3. OfF ON THE TERMS ABOVE AND ACKNOWLEDGES RECEIPT OF A COPY. Iler City of 8etlneljpa11& Date Seller Date 4. ACCEPTANCE W'rac e above Seller Counter Offer (If checked SUBJECT TO THE ATTACHED COUNTER OFFER) and acknawied eccl f o Buyer Date ' Z ' i Time AM/ PM Buyer Date Time 8 AM/ IJPM CONFIRMATION OF ACCEPTANCE: / ) (Initials) Confirmation of Acceptance: A Copy of Signed Acceptance was ersonally received by Seller, or Seller's authorized agent as specified in paragraph 2A on (date) at []AM/ [] PM, A binding Agreement is created when a Copy of Signed Acceptance is personally received by Seller or Seller's authorized agent whether or not confirmed in this document. 0 2014, California Association of REALTORSO, Inc. United States copyright law (Title 17 U.S. Ccdo) forbids ure unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means. Including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSS (C,A,R.), NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION, A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRELEGALORTAXADVICE, CONSULTAN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS& It is not intended to identify the user as a REALTORS_ REALTORS Is a registered collective membership markwhich may be used onlyby members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics. lu,Published and Distributed by_ REAL ESTATE BUSINESS SERVICES, INC, a subsidiary of the Ca ifomia Association of REALTORSO 525 South Virgil Avenue, Los Angeles, California 90020 SCO 11114 (PAGE 1 OF Reviewed by Date SELLER COUNTER OFFER (SCO PAGE 1 OF 1) CF\riINY 21 North or,t4lanre, e601 Coauurrrr Ill. it nohorrt Perk. CA 44424 Phone: 707.303.4114 Fax: 707914.0169 76M li,wdv Pairide Milter Produced with zlpForm®by rIpLoglx 16070 Flttoon Milo Road, Frasor, M1chlgart4e020 wwwitpl_oalx.eom CALIFORNIA COUNTER OFFER No. la ASSOCIATION For use by Seller or Buyer. May not be used as a multiple counter offer. OF REALTORS ® (C.A.R. Form CO, Revised 11/13) Date November 21, 2014 This is a counteroffer to the: [R California Residential Purchase Agreement, ❑ Counter Offer No. , or❑ Other ( "Offer"), dated November 21, 2014 on property known as 7668 Beverly Drive, Rohnert Park Rohnert Park, CA 94928 ( "Property "), between Cameron Murphy ( "Buyer ") and City of Rohnert Park ( "Seller "). 1. TERMS: The terms and conditions of the above referenced document are accepted subject to the following: A. Paragraphs in the Offer that require Initials by all parties, but are not initialed by all parties, are excluded from the final agreement unless specifically referenced for inclusion in paragraph 1C of this or another Counter Offer or an addendum. B. Unless otherwise agreed in writing, down payment and loan amount(s) will be adjusted in the same proportion as in the original Offer. C. OTHER TERMS: purchase price to be $350,000. Paragraph 1.D. shall be amended to provide that Close of Escrow to be 60 days.Listing agent to provide Home Warranty. Paragraph 4A(4) Natural Hazard Report, to be prepared by a firm individual of seller's choice. Title Company may be subject to change & buyer agrees to this change. Seller is clearing a title question & inspection times to begin once this has been cleared.Counter offer is subject to City Council Approval within 14 days of acceptance. See page two, attached. D. The following attached addenda are incorporated into this Counter Offer: ❑ Addendum No. ❑ ❑ 2. EXPIRATION: This Counter Offer shall be deemed revoked and the deposits, if any, shall be returned: A. Unless. by 5:00pm on the third Day After the date it is signed in paragraph 3 (if more than one signature then, the last signature date)(or by ❑ AM ❑ PM on (date)) (i) it is signed in paragraph 4, by the Buyer or Seller to whom it is sent and (ii) a copy of the signed C r Offer is personally received by the person making it or Patricia M Miller who is authorized to receive it. OR B. If the Buyer or Seller wI�, e the Co ter r th ws it anytime prior to Acceptance (C.A.R. Form WOO may be used). 3. OFFER: BUYER QAER ES S CO N FER ON THE TERMS ABOVE AND ACKNOWLEDGES RECEIPT OF C PY ❑ Buyer 912ger -_ Oate %w' City r Park ❑ Buyer ❑ Seller Date 4. ACCEPTANCE: I /WE accept the above Counter Offer (If checked ❑ SUBJECT TO THE ATTACHED COUNTER OFFER) and acknowledge receipt of a Copy. ❑ Buyer ❑ Seller Date Time ❑ AM ❑ PM Cameron Murphy ❑ Buyer ❑ Seller Date Time ❑ AM ❑ PM CONFIRMATION OF ACCEPTANCE: ! ) (Initials) Confirmation of Acceptance: A Copy of Signed Acceptance was personally received by the maker of the Counter Offer, or that person's authorized agent as specified in paragraph 2A on (date) at ❑ AM ❑ PM. A binding Agreement is created when a Copy of Signed Acceptance is personally received by the maker of the Counter Offer, or that person's authorized agent whether or not confirmed in this document. @ 2008 -2013, California Association of REALTORS @, Inc, United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, Including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS@ (C,A.R,). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION, A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS@ It is not intended to Identify the user as a REALTOR®. REALTOR@ is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS @who subscribe to its Code of Ethics. t Published and Distributed by: 121 REAL ESTATE BUSINESS SERVICES, INC. " Reviewed b a subsidiary of the California Association of REALTORS® y _Date eauu NouslNc ` ® 525 South Virgil Avenue, Los Angeles, California 90020 OPPORTUNITY CO REVISED 11/13 (PAGE 1 OF 1) COUNTER OFFER (CO PAGE 1 OF 1) Agent: Patricia Miller Phone: 707.303.4114 Fax: 707.584 -0469 Prepared using zipForm® software Broker: CENTURY 21 North Bay Alliance, 6601 Commerce Blvd Rohnert Park, CA 94928 CALIFORNIA ASSOCIATION SELLER COUNTEROFFER No. lb 40 OF R E A L T O R S o May not be used as a multiple counter offer. (C.A.R. Form SCO, 11/14) Date November 26, 2014 This is a counter offer to the: ® California Residential Purchase Agreement, ❑ Buyer Counter Offer No._, or []Other ( "Offer'), dated November 21, 2094 , on property known as 7668 Beverly Drive, Rohnert Park, Rohnert Park, CA 94928 ( "Property "), between Cameron MuaV ( "Buyer") and City of Rohnert Park ( "Seller"). 1. TERMS: The terms and conditions of the above referenced document are accepted subject to the following: A. Paragraphs in the Offer that require initials by all parties, but are not initialed by all parties, are excluded from the final agreement unless specifically referenced for inclusion in paragraph 1C of this or another Counter Offer or an addendum. B. Unless otherwise agreed in writing, down payment and loan amount(s) will be adjusted in the same proportion as in the original Offer. C. OTHER TERMS: Paoe 2 of 2 ` • • : tiTX�9t;Ipb•Z-b -) r �TIi 'lI•TfillTlPl•SnllFltJrr�'llrl l�iTiifriATlAi' l�. C: P!. IGPler(:) illel• TriTill��Y( NrI.) lrll- i�l)i'ly /:t•)rTil:Irf;1<irf'1lP r: • r . ► • -tu =r • r -r _ t: e• r• r •. •• mm- 15N41177111 •,r -...r • r= !. �! :rr:r r; r• MEW D. The following attached addenda are incorporated into this Seller Counter offer: ❑Addendum No. ❑ ❑ 2. EXPIRATION: This Seller Counter Offer shall be deemed revoked and the deposits, if any, shall be returned: A. Unless by 5:00pm on the third Day After the date it is signed in paragraph 3 (if more than one signature then, the last signature date)(orby []AM ❑PM on (date)) (i) it is signed in paragraph 4 by Buyer and (ii) a copy of the signed Seller Counter Offer is personally received by Seller or Patricia Miller who is authorized to receive it. OR B. If Seller withdraws it in I t g (CAR Form WOO) anytime prior to Acceptance. 3. ON THE TERMS ABOVE AND ACKNOWLEDGES RECEIPT OF A COPY- City of Rohnert Park Date Date 4. ACCEPTANCE: IIWE accept the above Seller Counter Offer (If checked ❑ SUBJECT TO THE ATTACHED COUNTER OFFER) and acknowledge receipt of a Copy. Buyer Cameron Murohv Date Time AM/ PM Buyer Date Time ❑ AM/ PM CONFIRMATION OF ACCEPTANCE: ( / ) (Initials) Confirmation of Acceptance: A Copy of Signed Acceptance was personally received by Seller, or Seller's authorized agent as specified in paragraph 2A on (date) at ❑AM/ ❑ PM. A binding Agreement is created when a Copy of Signed Acceptance is personally received by Seller or Seller's authorized agent whether or not confirmed in this document. © 2014, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used onlyby members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics, ®t Published and Distributed by: REAL ESTATE BUSINESS SERVICES, INC. " a subsidiary of the California Association of REAL TORSO " 525 South Virgil Avenue, Los Angeles, California 90020 Reviewed by Date SCO 11114 (PAGE 1 OF 1) SELLER COUNTER OFFER (SCO PAGE 1 OF 1) CENTURY It North Bay Alliance, 6601 Commerce 81vd Rolmert Park. CA 94928 Phone: 707.303.4114 Fax: 707.584.0469 76" Rowly Patricia Miller Produced with zlpFormO by ztpLogix 16070 Fifteen Mlle Road, Fraser, Michigan 48026 www.zioLoaix.com CAUFORNIA CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT ASSOCIATION AND JOINT ESCROW INSTRUCTIONS r OF R E A L T O R S ' For Use With Single Family Residential Property — Attached or Detached (C.A.R. Form RPA -CA, Revised 4/13) Date November 21. 2014 1. OFFER: A. THIS IS AN OFFER FROM Camerga xmahy ("Buyer"). B. THE REAL PROPERTY TO BE ACQUIRED is described as 7668 Doyerlr Dr, 82&a t: Park. CA 99928 Assessor's Parcel No. 143 - 273 --023 , situated in Rohnert Park , County of Sonoma , California, ("Property,,). C. THE PURCHASE PRICE offered is %brae Hundred Forty Thousand Dollars $X40, 000. QO D. CLOSE OF ESCROW shall occur on (date) (or (Z 30, Days After Acceptance). 2. AGENCY; A. DISCLOSURE: Buyer and Sailer each acknowledge prior receipt of a "Disclosure Regarding Real Estate Agency Relationships" (CAR. Form AD). B. POTENTIALLY COMPETING BUYERS AND SELLERS: Buyer and Seller each acknowledge receipt of a disclosure of the possibility of multiple representation by the Broker representing that principal. This disclosure may be part of a listing agreement, buyer representation agreement or separate document (CAR. Form DA). Buyer understands that Broker representing Buyer may also represent other potential buyers, who may consider, make offers on or ultimately acquire the Property. Seller understands that Broker representing Sailer may also represent other sellers with competing properties of interest to this Buyer. C. CONFIRMATION: The following agency relationships are hereby confirmed for this transaction: Listing Agent Centary 21 Classic Pronezf:ies (Print Firm Name) is the agent of (check one): ® the Seiler exclusively; or ❑ both the Buyer and Seller. Selling Agent Pacific Un1on International (Print Firm Name) (if not the same as the Listing Agent) is the agent of (check one): (Z the Buyer exclusively; or ❑ the Seller exclusively; or ❑ both the Buyer and Seller. Real Estate Brokers are not parties to the Agreement between Buyer and Seiler. 3. FINANCE TERMS: Buyer represents that funds will be good when deposited with Escrow Holder, A. INITIAL DEPOSIT: Deposit shall be in the amount of ................. ............................... .. $ 3, 900.00 (1) Buyer shall deliver deposit directly to Escrow Holder by personal check, ® electronic funds transfer, ❑ other within 3 business days after acceptance (or ❑ Other ); OR (2) (If checked) ❑ Buyer has given the deposit by personal check (or ❑ ) to the agent submitting the offer (or to ❑ ), made payable to . The deposit shall be held uncashed until Acceptance and then deposited with Escrow Holder (or ❑ into Broker's trust account) within 3 business days after Acceptance (or ❑ Other ). B. INCREASED DEPOSIT: Buyer shall deposit with Escrow Holder an increased deposit in the amount of ........... $ 6 00.12 within Days After Acceptance, or (a upon removal of all contingencies If a liquidated damages clause is incorporated Into this Agreement, Buyer and Seller shall sign a separate liquidated damages clause (C.A.R. Form RID) for any increased deposit at the time it is Delivered. C. LOAN(S): (1) FIRST LOAN: in the amount of ........... ................................................... 290,000.00 This loan will be conventional financing or, if checked, [] FHA, ❑ VA, ❑ Seller (CAR. Form SFA), ❑ assumed financing (CAR. Form PAA), ❑ Other This loan shall be at a fixed rate not to exceed % or, ❑ an adjustable rate loan with initial rate not to exceed Regardless of the type of loan, Buyer shall pay points no( to exceed °,b of the loan amount. (2) (] SECOND LOAN: in the amount of ........................ .... ............................... $ This loan will be conventional financing or, If checked, C] Seller (CAR. Form SFA), 0 assumed financing (CAR. Form PAA), 0 Other . This loan shall be at a fixed rate not to exceed % or, ❑ an adjustable rate loan with initial rate not to exceed %. Regardless of the type of loan, Buyer shall pay points not to exceed % of the loan amount. (3) FHA/VA: For any FHA or VA loan specified above, Buyer has 17 (or ❑ ) Days After Acceptance to Deriver to Seller written notice (CAR. Form FVA) of any lender- required repairs or costs that Buyer requests Seller to pay for or otherwise correct. Seller has no obligation to pay or satisfy lender requirements unless otherwise agreed In writing. D. ADDITIONAL FINANCING TERMS: E. BALANCE OF DOWN PAYMENT OR PURCHASE PRICE in the amount of ..... • .... • ...................... $ 39, 800.00 to be deposited with Escrow Holder within sufficient time to dose escrow. F. PURCHASE PRICE (TOTAL): ..................................................................... $ 340.000.00 Buyer's Initials (-) ( ) Seller's IN ) ( ) �� !1 ww�mvarc 02019, CalutirWe Association W RFAL'rORM Inc aroRramr RPA -CA REVISED 4/13 (PAGE 1 OF 8) Reviewed by Date CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA -CA PAGE 1 OF 8) Agent; Deborah Cheda Phone: 707.246.6217 Fax: Prepared using xlpForin® software Broker: Pacific Union International, 127 Fourth Street Petaluma, CA 94952 7668 Beverly Dr Property Address: Rohniert Park, CA 94928 Date: November 21, 2014 0. VERIFICATION OF DOWN PAYMENT AND CLOSING COSTS: Buyer (or Buyer's lender or loan broker pursuant to 3H(l) shall, within 7 (or Q ) Days After Acceptance, Deliver to Seller written verificatlan of Buyer's down payment and closing costs. (It checked, ❑ verification attached.) H. LOAN TERMS: (1) LOAN APPLICATIONS: Within 7 (or ❑ ) Days After Acceptance, Buyer shall Deliver to Seller a letter from lender or loan broker stating that, based on a review of Buyer's written application and credit report. Buyer is prequallfied or preapproved for any NEW loan specified in 3C above. (If checked, ❑ letter attached.) (2) LOAN CONTINGENCY: Buyer shall act diligently and in good faith to obtain the designated loan(s). Obtaining the loan(s) specified above Is a contingency of this Agreement unless otherwise agreed in writing. Buyers contractual obligations to obtain and provide deposit, balance of down payment and closing costs are not contingencies of this Agreement. (3) LOAN CONTINGENCY REMOVAL: p) Within 17 (or [] ) Days After Acceptance, Buyer shall, as specified in paragraph 14, in writing remove the loan contingency or cancel this Agreement: OR (Ii) (if checked) ❑ the loan contingency shall remain in effect until the designated loans are funded. (4) ❑ NO LOAN CONTINGENCY (If checked): Obtaining any ban specified above Is NOT a contingency of this Agreement. If Buyer does not obtain the loan and as a result Buyer does not purchase the Property, Seller may be entitled to Buyer's deposit or other legal remedies. 1. APPRAISAL CONTINGENCY AND REMOVAL: This Agreement is (or, if checked, ❑ is NOT) contingent upon a written appraisal of the Property by a licensed or certified appraiser at no less than the specified purchase price. If there is a loan contingency, Buyer's removal of the loan contingency shall be deemed removal of this appraisal contingency (or, ❑ if checked, Buyer shall, as specified in paragraph 148(3), in writing remove the appraisal contingency or cancel this Agreement within 17 (or ) Days After Acceptance). If there is no loan contingency, Buyer shall, as specified in paragraph 14B(3). in writing remove the appraisal contingency or cancel this Agreement within 17 (or ) Days After Acceptance. J. ❑ ALL CASH OFFER (If checked): Buyer shall, within 7 (or❑ ) Days After Acceptance, Deliver to Seller written verification of sufficient funds to close this transaction. (If checked, ❑ verification attached.) K. BUYER STATED FINANCING: Seller has relied on Buyer's representation of the type of financing specified (including but not limited to, as applicable, amount of down payment, contingent or non contingent loan, or all cash). If Buyer seeks alternate financing, (t) Seller has no obligation to cooperate with Buyers efforts to obtain such financing, and (ii) Buyer shall also pursue the financing method specified in this Agreement. Buyers failure to secure alternate financing does not excuse Buyer from the obligation to purchase the Property and close escrow as specified in this Agreement. ALLOCATION OF COSTS (If checked): Unless otherwise specified here, in writing, this paragraph only determines who is to pay for the inspection, test or service ( "Report ") mentioned; it does not determine who is to pay for any work recommended or identified In the Report. A. INSPECTIONS AND REPORTS. (1) ❑ Buyer ❑ Seller shah pay for an inspection and report for wood destroying pests and organisms ( "Whod Pest Report ") prepared by a registered structural pest control company. (2) ❑ Buyer ❑ Seller shall pay to have septic or private sewage disposal systems inspected (3) ❑ Buyer ❑ Seller shall pay to have domestic wells tested for water potability and productivity (4) ❑ Buyer ® Seller shall pay for a natural hazard zone disclosure report prepared by Disclosure source (5) ❑ Buyer ❑ Seller shall pay for the following inspection or report (6) ❑ Buyer ❑ Seller shall pay for the following inspection or report B. GOVERNMENT REQUIREMENTS AND RET Frr: (1) ❑ Buyer ® Seller shall pay for smoke detector installation and/or water heater bracing, if required by Law. Prior to Close Of Escrow, Seller shall provide Buyer written statement(s) of compliance in accordance with state and local Law, unless exempt. (2) ❑ Buyer ❑ Seller shall pay the cost of compliance with any other minimum mandatory government retrolil standards, inspections and reports 11 required as a condition of closing escrow under any Law. C. ESCROW AND TITLE: (1) ® Buyer ❑ Seller shall pay escrow fee Escrow Holder shall be First American Title Company (2) ® Buyer ❑ Seller shall pay for owner's title insurance policy specified in paragraph 12E Owner's title policy to be issued by (Buyer shall pay for any title insurance policy insuring Buyers lender, unless otherwise agreed in writing.) D. OTHER COSTS: (1) ❑ Buyer ® Soler shay pay County transfer tax or fee (2) ❑ Buyer ❑ Seller shall pay City transfer tax or fee (3) ❑ Buyer ❑ Seller shall pay Homeowners Association ( "HOA") transfer fee (4) ❑ Buyer ❑ Seller shall pay HOA document preparation fees (5) ❑ Buyer 0 Seller shall pay for any private transfer fee (6) ❑ Buyer ® Seller shall pay the cost, not to exceed $ 985.00 , of a one -year home warranty plan, Issued by Fldfelity Nj&t!*AaZ Hcme Rrarraa„y , with the following optional coverages: ❑ Air Conditioner ❑ Pool /Spa Q Code and Permit upgrade ❑ Other: Buyer is informed that home warranty plans have many optional coverages in addition to those fisted above. Buyer is advised to investigate these coverages to determine those that may be suitable for Buyer. (7) ❑ Buyer [] Seller shall pay for (8) ❑ Buyer ❑ Seller shall pay for Buyers Initials (_.) ( ) Sellers Ini L ) ( ) RPA -CA REVISED 4113 (PAGE 2 OF 8) Reviewed by _ Date nitrua�0°'�ir CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA -CA PAGE 2 OF 8) 7668 Beverly Drive 7568 Beverly Dz Property Address: Rohnert Park, CA 94928 Date: broveraber 21, 2014 5. CLOSING AND POSSESSION: A. Buyer Intends (or ❑ does not intend) to occupy the Property as Buyer's primary residence. B. Setter - occupied or vacant property: Possession shall be delivered to Buyer at 5 PM or (p (] AiW ❑ PM) on the date of Close Of Escrow; (] on ; or ❑ no later than Days After Close Of Escrow. If transfer of title and possession do not occur at the same time, Buyer and Salter are advised to; (1) enter Into a written occupancy agreement (C.A.R. Form PAA, paragraph 2); and (Ili) consult with their insurance and legal advisors.. C. Tenant-occupied properly: (1) Property shall be vacant at least 3 (or j Days Prior to Close Of Escrow, unless otherwise agreed in writing. Note to Sailer. you are unable to deliver Property vacant T n aco ce with rant control and other applicable Law, you may be In breach of this Agreement. OR (0) (If checked) ❑ Tenant to remain in possession. (C.A.R. Form PAA, paragraph 3) D. At Close Of Escrow, (I) Seller assigns to Buyer any assignable warranty rights for Items included in the sale, and (g) Seller shall Deliver to Buyer available Copies of warranties. Brokers cannot and will not determine the assignability of any warranties. E. At Close Of Escrow, unless otherwise agreed in writing. Sailer shall provide keys and/or means to operate all locks, mailboxes, security systerns, alarms and garage door openers. If Property is a condominium or located in a common interest subdivision, Buyer may be required to pay a deposit to the Homeowners' Association ( "HOA') to obtain keys to accessible HOA facilities. S. STATUTORY DISCLOSURES (INCLUDING LEAD -BASED PAINT HAZARD DISCLOSURES) AND CANCELLATION RIGHTS: A. (1) Seller shall, within the time specified in paragraph 14A, Delver to Buyer, if required by Law: (I) Federal Lead -Based Paint Disclosures (C.A.R. Form FLD) and pamphlet ( "Lead Disclosures "), and (it) disclosures or notices required by sections 1102 et. seq, and 1103 eL seq. of the Civil Code ("Statutory Disclosures "). Statutory Disclosures include, but are not limited to, a Real Estate Transfer Disclosure Statement ("TDS"), Natural Hazard Disclosure Statement ( "NHD "), notice or actual knowledge of release of Illegal controlled substance, notice of special tax and /or assessments (or, if allowed, substantially equivalent notice regarding the Mello -Roos Community Facilities Act and Improvement Bond Act of 1915) and, if Seller has actual knowledge, of industrial use and military ordnance location (C.A.R. Form SPQ or SSD). (2) Buyer shag, within the time specified in paragraph 146(1), return Signed Copies of the Statutory and Lead Disclosures to Seiler. (3) In the event Seller, prior to Close Of Escrow, becomes aware of adverse conditions materially affecting the Property, or any material inaccuracy In disclosures, Information or representalions previously provided to Buyer, Seller shall promptly provide a subsequent or amended disclosure or notice, in writing, covering those items. However, a subsequent or amended disclosure shall not be required for conditions and material inaccuracies or which Buyer Is otherwise aware, or which are disclosed In reports provided to or obtained by Buyer or ordered and paid for by Buyer. (4) If any disclosure or notice specified in 6A(c ), or subsequent or amended disclosure or notice is Delivered to Buyer after the offer is Signed, Buyer shall have the right to cancel this Agreement within 3 Days After Delivery in person, or 5 Days After Delivery by deposit in the mail, by giving written notice of cancetladon to Sager or Seller's agent. (5) Note to Buyer and Seller: Waiver of Statutory and Lead Disclosures is prohibited by Law. B. NATURAL AND ENVIRONMENTAL HAZARDS: Within the time specified in paragraph 14A. Seller shall, if required by Law: (1) Delver to Buyer earthquake guides (and questionnaire) and environmental hazards booklet; (11) even if exempt from the obligation to provide a NHD, disclose if the Property is located in a Special Flood Hazard Area; Potential Flooding (inundation) Area; Very High Fire Hazard Zone; State Fire Responsibility Area; Earthquake Fault Zone; Seismic Hazard Zone; and ( €0) disclose any other zone as required by Law and provide any other information required for those zones. C. WITHHOLDING TAXES: Within the time specified in paragraph 14A, to avoid required withholding, Seller shall Deliver to Buyer or qualified substitute, an affidavit sufficient to comply with federal (FIRPTA) and California withholding Law (C.A.R. Form AS or OS). D. MEGAN'S LAW DATABASE DISCLOSURE: Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.maganslaw.ca.gov. Depending on an offender's criminal history, this Information will include either the address at which the offender resides or the community of residence and ZIP Code In which he or she resides. (Neither Seller nor Brokers are required to check this website. If Buyer wants further information, Broker recommends that Buyer obtain information from this website during Buyer's inspection contingency period. Broken. do not have expertise in this area.) E. NOTICE REGARDING GAS AND HAZARDOUS LIQUID TRANSMISSION PIPELINES: This notice is being provided simply to inform you that information about the general location of gas and hazardous liquid transmission pipelines is available to the public via the National Pipeline Mapping System (NPMS) Internet Web site maintained by the United States Department of Transportation at http:/A~.npms.phmsa.dot.gov /. To seek further information about possible transmission pipelines near the Property, you may contact your local gas utility or other pipeline operators in the area. Contact information for pipeline operators is searchable by ZIP Code and county on the NPMS Internet Web site. 7. CONDOMINIUMMILANNED DEVELOPMENT DISCLOSURES: A. SELLER HAS; 7 (or ❑ ) Days After Acceptance to disclose to Buyer whether the Property is a condominium, or is located in a planned development or other common interest subdivision (C.A.R. Form SPQ or SSD). B. If the Property Is a condominium or Is located in a planned development or other common interest subdivision, Seller has 3 (or ❑ ) Days After Acceptance to request from the HOA (C.A.R. Form HOA): (1) Copies of any documents required by Law; (It) disclosure of any pending or anticipated claim or litigation by or against the HOA; (ill) a statement containing the location and number of designated parking and storage spaces; (Iv) Copies of the most recent 12 months of HOA minutes for regular and special meetings; and (v) the names and contact information of all HOAs governing the Property (collectively, "Cl Disclosures "). Salter shall itemize and Deliver to Buyer all Cl Disclosures received from the HOA and any Cl Disclosures in Seger's possession. Buyer's approval of CI Disclosures is a contingency of this Agreement as specified in paragraph 14B(3). 0. ITEMS INCLUDED IN AND EXCLUDED FROM PURCHASE PRICE: A. NOTE TO BUYER AND SELLER: items listed as included or excluded in the MLS, flyers or marketing materials are not included in the purchase price or excluded from the sale unless specified in 8B or C. B. ITEMS INCLUDED IN SALE: (1) All EXISTING fixtures and fillings that are attached to the Property; (2) EXISTING electrical, mechanical, fighting, plumbing and healing fixtures, ceiling fans, fireplace inserts, gas logs and grates, solar systems, built -in appliances, window and door screens, awnings, shutters, window coverings, attached floor coverings, television antennas, satellite dishes, private Integrated telephone systems, air coolem/conditloners, pooi/spa equipment, garage door openars/remote controls, mailbox, in- ground landscaping, trees/shrubs, water softeners, water purifiers, security systems/alarms; (If checked) ® stove(s), C] refdgerator(s); Buyer's Initials ( „a ) ( Sellers 14=.)(-) 121 RPA -CA REVISED 4113 (PAGE 3 OF 8) Aevlewed by Dete inn, CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA -CA PAGE 3 OF 8) 7668 Beverly Drive 7668 Beverly Dr Property Address: Rohnert Park, CA 94928 Date: November 21, 2014 L e following additional items: ller represents that all Items u in the purchase price, u of specified, are own Seller. items included shall be transferred free of Mena and without Seller warranty. C. EXCLUDED FROM MALE: Unless otherwise specified, audio and video components (such as flat screen TVs and speakers) are excluded if arty such item is not itself attached to the Property, even It a bracket or other mechanism attached to the component is attached to the Properly; and 9. CONDITION OF PROPERTY: Unless otherwise agreed: (f) the Property is sold (a) In Its PRESENT physical ("'as ts"j condition as of the date of Acceptance and (b) subject to Buyer's investigation rights; (II) the Properly, including pool, spa, landscaping and grounds, is to be maintained in substantially the same condition as on the date of Acceptance; and (Ili) all debris and personal property not Included In the sale shall be removed by Close Of Escrow. A. Seller shall, within the time specified In paragraph 14A, DISCLOSE KNOWN MATERIAL FACTS AND DEFECTS affecting the Property, Including known insurance claims within the past five years, and make any and all other disclosures required by law. B. Buyer has the right to inspect the Property and, as specified in paragraph 148, based upon information discovered in those inspections: (i) canoe) this Agreement; or (Ii) request that Seller make Repairs or take other action. C. Buyer is strongly advised to conduct investigations of the strike Property In order to determine its present condition. Seller may not be aware of all defects affecting the Property or other factors that Buyer considers ImporteriL Property improvements may not be built scoordinig to coda, in compliance with current Law, or have had permits issued. 10. BUYER'S iNVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY: A. Buyers acceptance of the condition of, and any other matter affecting the Property, is a contingency of this Agreement as specified in this paragraph and paragraph 148. Within the time specified in paragraph 1413(1), Buyer shah have the right, at Buyers expense unless otherwise agreed, to conduct inspections, investigations, tests, surveys and other studies (`Buyer Investigations% including, but not limited to, the right to: (1) inspect (or lead -based paint and other lead -based paint hazards; Ill) inspect for wood destroying pests and organisms; (ill) review the registered sex offender database; (lv) confirm the insurability of Buyer and the Property; and (v) sellsfy Buyer as to any wetter specified in the attached Buyers Inspection Advisory (CAR. Form BIA). Without Sellers prior written consent. Buyer shah neither make nor cause to be made: (I) Invasive or destructive Buyer Investigations: or (Ii) inspections by any governmental building or zoning inspector or government employee, unless required by Law. B. Seller shall make the Property available for all Buyer Investigations. Buyer shall (f) as specified In paragraph 14B, complete Buyer Investigations and, either remove the contingency or cancel this Agreement, and (ii) give Seller, at no cost; complete Copies of all Investigation reports obtained by Buyer, which obligation shall survive the termination of this Agreement. C. Seller shall have water, gas, electricity and all operable pilot fights on for Buyers Investigations and through the date possession Is made available to Buyer. D. Buyer Indemnity and Seller protection for entry upon property: Buyer shall: m keep the Property free and clear of liens; (hh) repair all damage arising from Buyer Investigations; and (iii) indemnity and hold Seller harmless from an resulting lability, claims, demands, damages and costs. Buyer shall carry, or Buyer shall require anyone acting on Buyer's behalf to carry, policies of liability, workers' compensation and other applicable Insurance, defending and protecting Seller from Willy for any injuries to persons or property occurring during any Buyer Investigations or work done on the Property at Buyers direction prior to Close Of Escrow. Seller is advised that certain protections may be afforded Seiler by recording a "Notice of Nonresponsibilily" (C.A.R. Form NNR) for Buyer Investigations and work done on the Properly at Buyers direction. Buyer's obligations under this paragraph shall survive the termination of this Agreement. 11. SELLER DISCLOSURES; ADDENDA; ADVISORIES; OTHER TERMS: A. Seller Disclosures (if checked): Seller shall, within the time specified in paragraph 14A, complete and provide Buyer with a: ❑ Seiler Pronertv Questionnaire (CAR. Form SPQ) OR ❑ Suoolemental Contractual and Statutory Disclosure (CAR. Form SSM B. Addenda (if checked): U Addendum # (C.A.R. Form ADM) ❑ Wood Destroying Pest Inspection and Allocation of Cost Addendum (CAR. Form WPA) ❑ Purchase Agreement Addendum (CAR Form PAA) ❑ Septic, Well and Property Monument Addendum (CAR. Form SWPI) ❑ Short Safe Addendum (C.A.R. Form SSA)_ ❑ Other C. Advisories cif Checked): ® Buyers lnspection Advisory (C.A.R Form BIA) ❑ Probate Advisory (CAR. Font PA!{)__ ❑ Statewide Buyer and Seller Advisory (CAR Form SBSA) ❑ Trust Advisory (CAR. Form_ TA) ❑ REO Advisory (CAR. Farm RE-0) D. Other Terms- 12. TITLE AND VESTING: A. Within the time specified in paragraph 14, Buyer shall be provided a current preliminary title report, which shall include a search of the General Index, Seller shah within 7 Days After Acceptance, give Escrow Holder a completed Statement of information. The preliminary report is only an offer by the title insurer to issue a policy of title insurance and may not contain every Item affecting title. Buyers review of the preliminary report and any other matters which may ailed title are a contingency of this Agreement as specified In paragraph 146. B, Title is taken in its present condition subject to all encumbrances, easements, covenants, conditions, restrictions, rights and other matters, whether of record or not, as of the date of Acceptance except: (t) monetary liens of record unless Buyer is assuming those obligations or taking the Property subject to those obligations; and (it) those matters which Seller has agreed to remove in writing. C. Within the time specified in paragraph 14A, Seller has a duly to disclose to Buyer all matters known to Seller affecting title, whether of record or riot. D. At Close Of Escrow, Buyer shall receive a grant deed conveying title (or, for stock cooperative or long -term lease, an assignment of stock certificate or of Sellers leasehold interest), including oil, mineral and water rights it currently owned by Seller. Title shall vest as designated in Buyers supplemental escrow instructions. THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL. AND TAX CONSEQUENCES. CONSULT AN APPROPRIATE PROFESSIONAL. E. Buyer shall receive a CLTA/ALTA Homeowners Policy of Title insurance. A title company, at Buyers request, can provide informallon about the availability, desirability, coverage, and cost of various title insurance coverages and endorsements. If Buyer desires title coverage other than that required by this paragraph, Buyer shall instruct Escrow Holder in writing and pay any increase in cost. Buyers Initials (�) ( ) Seller's onitial ( 1 RPA-CA REVISED 4113 (PAGE 4 OF 0) Heviewod by Date axmn CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA -CA PAGE 4 OF 8) 7668 Beverly Drive 7668 Beverly .Dr Property Address: Rohnert Park, CA 94928 Date: November 21, 2014 13. SALE OF BUYER'S PROPERTY: A. This Agreement is NOT contingent upon the sale of any property owned by Buyer. OR B. [] (If checked): The attached addendum (C.A.R. Form COP) regarding the contingency for the sale of property owned by Buyer is incorporated Into this Agreement. 14. TIME PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION RIGHTS: The following time periods may only be extended, altered, modified or changed by mutual written agreement. Any removal of contingencies or cancellation under this paragraph by either Buyer or Seger must be exercised In good faith and in writing (C.A.R. Form CR or CC). A. SELLER HAS: 7 (or [] ) Days After Acceptance to Deliver to Buyer all Reports, disclosures and information for which Seiler is responsible under paragraphs 4, BA, B and C, 7A, 9A, 1 to and B. and 12A. Buyer may give Seller a Notice to Seller to Perform (C.A.R. Form NSP) if Seller has not Delivered the items within the time specified. B. (1) BUYER HAS: 17 (or ❑ ) Days After Acceptance, unless otherwise agreed in writing, to: (1) complete all Buyer Investigations; approve all disclosures, reports and other applicable information, which Buyer receives from Seller; and approve all matters affecting the Property; and 01) Deliver to Seller Signed Copies of Statutory and Lead Disclosures Delivered by Seller in accordance with paragraph 6A. (2) Within the time specified in 1413(1), Buyer may request that Seller make repairs or take any other action regarding the Property (C.A.R. Form RR). Seller has no obligation to agree to or respond to Buyer's requests. (3) By the end of the time specified in 1146(1) (or as otherwise specified in this Agreement). Buyer shall, Deliver to Seller a removal of the applicable contingency or cancellation (C.A.R. Form CR or CC) of this Agreement. However, if any report, disclosure or information for which Seller is responsible is not Delivered within the time specified in 14A, then Buyer has 5 (or f I ) Days After Delivery of any such I or the time specified in 1413(1), whichever is later, to Deliver to Seller a removal of tthe applicable contingency or cancellation of this Agreement. (4) Continuation of Contingency: Even after the end of the time specified in 148(1) and before Sailer cancels, if at all, pursuant to 14C, Buyer retains the right to either (i) in writing remove remaining contingencies, or (ii) cancel this Agreement based on a remaining contingency. Once Buyer's written removal of all contingencies is Delivered to Seller, Seller may not cancel this Agreement pursuant to 14C(1). C. SELLER RIGHT TO CANCEL: (1) Seller right to Cancel; Buyer Contingencies: 0, by the time specified in this Agreement, Buyer does not Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement then Seller, after first Delivering to Buyer a Notice to Buyer to Perform (C.A.R. Form NBP) may cancel this Agreement. In such event, Seller shall authorize return of Buyer's deposit. (2) Seller right to Cancel; Buyer Contract Obligations: Seller, after first Delivering to Buyer a NBP may cancel this Agreement for any of the following reasons: (1) if Buyer falls to deposit funds as required by 3A or 38; (if) if the funds deposited pursuant to 3A or 3B are not good when deposited; (iii) if Buyer fails to Deliver a notice of FHA or VA costs or terms as required by 3C(3) (CAA. Farm FVA); (iv) if Buyer fails to Deliver a letter as required by 3H; (v) if Buyer falls to Deliver verification as required by 3G or 3J; (vl) if Seller reasonably disapproves of the verification provided by 3G or 3.1; (vfl) if Buyer fails to return Statutory and Lead Disclosures as required by paragraph SA(2); or (vilf) If Buyer falls to sign or initial a separate liquidated damages form for an increased deposit as required by paragraphs 38 and 25. In such event, Seller shall authorize return of Buyer's deposit. (3) Notice To Buyer To Perform: The NBP shall: (i) be in writing; (II) be signed by Seller, and (iii) give Buyer at least 2 (or O ) Days After Delivery (or until the time specified in the applicable paragraph, whichever occurs last) to take the applicable action. �y not be Delivered any earlier than 2 Days Prior to the expiration of the appliic:able time for Buyer to remove a contingency or cancel this Agreement or meet an obligation specified in 14C(2). D. EFFECT OF BUYER'S REMOVAL OF CONTINGENCIES: If Buyer removes, in writing, any contingency or cancellation rights, unless otherwise specified in a separate written agreement between Buyer and Seiler, Buyer shall conclusively be deemed to have: 0) completed an Buyer Investigations, and review of reports and other applicable information and disclosures pertaining to that contingency or cancellation right; (It) elected to proceed with the transaction; and (iii) assumed aff tiabtitty, responsibility and expense for Repairs or corrections pertaining to that contingency or cancellation right, or for inability to obtain financing. Imo. CLOSE OF ESCROW: Before Seller or Buyer may cancel this Agreement for failure of the other party to close escrow pursuant to this Agreement, Seller or Buyer must first Deliver to the other a demand to close escrow (C.A.R. Form DCE). F. EFFECT OF CANCELLATION ON DEPOSITS: If Buyer or Seller gives written notice of cancellation pursuant to rights duly exercised under the terms of this Agreement, Buyer and Seller agree to Sign mutual Instructions to cancel the sale and escrow and release deposits, if any, to the party entitled to the funds, less fees and costs incurred by that party. Fees and costs may be payable to service providers and vendors for services and products provided during escrow. Release of funds will require mutual Signed release instructions from Buyer and Seller, judicial decision or arbitration award. A Buyer or Seller may be subject to a civil penalty of up to $1,000 for refusal to sign such Instructions N no good faith dispute exists as to who to entitled to the deposited funds (Civil Code §1057.3). 15. REPAIRS: Repairs shall be completed prior to final verification of condition unless otherwise agreed in writing. Repairs to be performed at Sellers expense may be performed by Seller or through others, provided that the work complies with applicable law, Including govemmental permit, Inspection and approval requirements. Repairs shall be performed In a good, skillful manner with materials of quality and appearance comparable to existing materials. it is understood that exact restoration of appearance or cosmetic items following all Repairs may not be possible. Seller shall: (1) obtain receipts for Repairs performed by others; (ft) prepare a written statement indicating the Repairs performed by Seller and the date of such Repairs; and (IiI) provide Copies of receipts and statements to Buyer prior to final verification of condition. 16. FINAL VERIFICATION OF CONDITION: Buyer shall have the right to make a final inspection of the Property within 5 (or ) Days Prior to Close Of Escrow, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm: (1) the Property is maintained pursuant to paragraph 9; (11) Repairs have been completed as agreed; and (iiQ Seller has complied with Seller's other obligations under this Agreement (C.A.R. Fort VP). 17. PRORATIONS OF PROPERTY TAXES AND OTHER rrEMS: Unless otherwise agreed in writing, the following items shall be PAID CURRENT and prorated between Buyer and Seller as of Close Of Escrow: real property taxes and assessments, interest, rents, HOA regular, special, and emergency dues and assessments imposed prior to Close Of Escrow, premiums on insurance assumed by Buyer, payments on bonds and assessments assumed by Buyer, and payments on Mello -Roos and other Special Assessment District bonds and assessments that are now a pen. The following items shall be assumed by Buyer WITHOUT CREDIT toward the purchase price: prorated payments on Mello -Roos and other Special Assessment District bands and assessments and HOA special assessments that are now a lien but not yet due. Property will be reassessed upon change of ownership. Any supplemental tax bills shall be paid as follows: (1) for periods after Close Of Escrow, by Buyer, and (ii) for periods prior to Close Of Escrow, by Seller (see CA.R. Form SPT or SBSA for further information). TAX BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. Prorations shall be made based on a 30 -day month. Buyer's Initials (�) ( ) Seller's I Is RPA -CA REVISED 4113 (PAGE 5 OF 8) Reviewed Yy Date r CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA -CA PAGE 5 OF 0) 7669 Beverly Drive 7668 Beverly Dr Property Address: Rohnert Park, CA 94928 Date: November 21, 2014 18. SELECTION OF SERVICE PROVIDERS: Brokers do not guarantee the performance of any vendors, service or product providers ( "Providers "), whether referred by Broker or selected by Buyer, Seller or other person. Buyer and Seller may select ANY Providers of their own choosing. 19. MULTIPLE LISTING SERVICE ("MLS'I: Brokers are authorized to report to the MLS a pending sale and, upon Close Of Escrow, the sales price and other terms of this transaction shall be provided to the MLS to be published and disseminated to persons and entities authorized to use the information on terms approved by the MLS. 20. EQUAL HOUSING OPPORTUNITY: The Property is sold in compliance with federal, state and local anti - discrimination Laws. 21. ATTORNEY FEES: In any action, proceeding, or arbitration between Buyer and Seller arising out of this Agreement, the prevailing Buyer or Seller shall be entitled to reasonable attorney fees and costs from the non- prevailing Buyer or Seller, except as provided In paragraph 26A. 22. DEFINITIONS. As used in this Agreement: A. "Acceptance" means the time the offer or final counter offer is accepted In writing by a party and is delivered to arms personally received by the other parry or that party's authorized agent In accordance with the terms of this offer or a final counter offer. B. "C.A.R. Form" means the specific form referenced or another comparable form agreed to by the parties. C. "Close Of Escrow" means the date the grant deed, or other evidence of transfer of title, is recorded. A. "Copy" means copy by any means including photocopy, NCR, facsimile and electronic. I— "Days" means calendar days. However, after Acceptance, the last Day for performance of any act required by this Agreement (including Close Of Escrow) shall not include any Saturday, Sunday, or legal holiday and shall instead be the next Day. F. "Days After" means the specified number of calendar days after the occurrence of the event specified, not counting the calendar date on which the specified event occurs, and ending at 11:59PM on the final day. G. "Days Prior" means the specified number of calendar days before the occurrence of the event specified, not counting the calendar date on which the specified event is scheduled to occur. H. "Oetiver", "Delivered" or "Delivery", means and shalt be effective upon (t) personal receipt by Buyer or Seller or the individual Real Estate Licensee for that principal as specified in paragraph D of the section titled Real Estate Brokers on page 8, regardless of the method used (.e. messenger, mail, email, fax, other); OR (ii) if checked, 0 per the attached addendum (C.A.R. Form RDN). I. "Electronic Copy" or "Electronic Signature" means, as applicable, an electronic copy or signature complying with California Law. Buyer and Seller agree that electronic means will not be used by either party to modify or alter the content or integrity of this Agreement without the knowledge and consent of the other. J. "Law" means any law, code, statute, ordinance, regulation, rule or order, which is adopted by a controlling city, county, state or federal legislative, judicial or executive body or agency. K. "Repairs" means any repairs (including pest control), alterations, replacements, modifications or retrofitting of the Property provided for under this Agreement. L. "Signed" means either a handwritten or electronic signature on an original document, Copy or any counterpart. 23. BROKER COMPENSATION: Seller or Buyer, or both, as applicable, agrees to pay compensation to Broiler as specified in a separate written agreement between Broker and that Seller or Buyer. Compensation is payable upon Close Of Escrow, or if escrow does not close, as otherwise specified in the agreement between Broker and that Seller or Buyer. 24. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER: A. The following paragraphs, or applicable portions thereof, of this Agreement constitute the joint escrow Instructions of Buyer and Seller to Escrow Holder, which Escrow Holder is to use along with any related counter offers and addenda, and any additional mutual instructions to close the escrow: 1, 3, 4, 6C, 11B and D. 12, 138, 14F, 17, 22, 23. 24, 28,30 and paragraph D of the section titled Real Estate Brokers on page e. If a Copy of the separate compensation agreement(s) provided for in paragraph 23, or paragraph D of the section titled Real Estate Brokers on page 8 is deposited with Escrow Holder by Broker, Escrow Holder shall accept such agreement(s) and pay out from Buyer's or Settees funds, or both, as applicable, the Broker's compensation provided for in such agreement(s). The terms and conditions of this Agreement not set forth in the specified paragraphs are additional matters for the information of Escrow Holder, but about which Escrow Holder need not be concerned. Buyer and Seller will receive Escrow Holder's general provisions directly from Escrow Holder and will execute such provisions upon Escrow Holder's request. To the extent the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller will execute additional instructions, documents and forms provided by Escrow Holder that are reasonably necessary to close the escrow. B. A Copy of this Agreement shall be delivered to Escrow Holder within 3 business days after Acceptance (or ❑ ). Escrow Holder shall provide Seller's Statement of Information to Title company when received from Seller. Buyer and Seller authorize Escrow Holder to accept and rely on Copies and Signatures as defined in this Agreement as originals, to open escrow and for other purposes of escrow. The validity of this Agreement as between Buyer and Seller is not affected by whether or when Escrow Holder Signs this Agreement. C. Brokers are a party to the escrow for the sole purpose of compensation pursuant to paragraph 23 and paragraph D of the section titled Real Estate Brokers on page 8. Buyer and Seller irrevocably assign to Brokers compensation specified in paragraph 23, respectively, and irrevocably instruct Escrow Holder to disburse those funds to Brokers at Close Of Escrow or pursuant to any other mutually executed cancellation agreement, Compensation instructions can be amended or revoked only with the written consent of Brokers. Buyer and Seller shall release and hold harmless Escrow Holder from any liability resulting from Escrow Holder's payment to Broker(s) of compensation pursuant to this Agreement, Escrow Holder shall immediately notify Brokers: (1) if Buyer's initial or any additional deposit is not made pursuant to this Agreement, or is not good at time of deposit with Escrow Holder, or (8) if Buyer and Seller instruct Escrow Holder to cancel escrow. D. A Copy of any amendment that affects any paragraph of this Agreement for which Escrow Holder Is responsible shall be delivered to Escrow Holder within 2 business days after mutual execution of the amendment. Buyer's Initials (-) ( ) Seller's 1 itia ) ( ) „� ... RPA -CA REVISED 4/13 (PAGE 6 OF 8) Reviewed by V Date a,werr CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA -CA PAGE 6 OF 8) 7668 Beverly Chive 7668 Beverly nr Property Address: Rohnert Park, CA 94928 Date: November 21, 2014 25. LIQUIDATED DAMAGES: if Buyer fails to complete this purchase because of Buyer's default, Seller shall retain, as liquidated damages, the deposit actually paid. if the Property Is a dwelling with no more than four units, one of which Buyer Intends to occupy, then the amount retained shall be no more than 3% of the purchase price. Any excess shall be returned to Buyer. Release of funds will require mutual, Signed release Instructions from both Buyer and Seller, judicial decision or arbitration award. AT TIME OF THE INCREASED DEPOSIT BUYER AND SELLER SHALL SIGN A SEPARATE LIQUIDATED DAMAGES PROVISION FOR ANY INCREASED DEPOSIT (C.A.13. ]FORM RID). Bu s Initials ! S~* i 2fii. DISPUTE RESOLUTION: A. MEDIATION: Buyer and Seller agree to mediate any dispute or claim arising between them out of this Agreement, transaction, before resorting to Arbitration or court action. Buyer and Seller also agree to mediate any disputes or claims with Broker(s), who, in writing, agree to such mediation prior to, or within a reasonable lime after, the dispute or claim Is presented to the Broker. Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. Exclusions from this mediation agreement are specified in paragraph 26C. B. ARBITRATION OF DISPUTES: Buyer and Seller agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. Buyer and Seller also agree to arbitrate any disputes or claims with Broker(s), who, in writing, agree to such arbitration prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate Law experience, unless the parties mutually agree to a different arbitrator. The parties shall have the right to discovery In accordance with Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part 3 of the Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act. Exclusions from this arbitration agreement are specified In paragraph 260. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DiSPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." Bui erg's Initials ! Sellers initials ! C. ADDITIONAL MEDIATION AND ARBITRATION TERMS: (1) EXCLUSIONS: The following matters are excluded from mediation and arbitration: (1) a judicial or non - judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined In Civil Code §29es; (ii) an unlawful detainer action; (Ili) the filing or enforcement of a mechanic's lien; and (iv) any matter that is within the jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, Injunction, or other provisional remedies, shall not constitute a waiver nor violation of the mediation and arbitration provisions. (2) BROKERS: Brokers shall not be obligated nor compelled to mediate or arbitrate unless they agree to do so in writing. Any Broker(s) participating In mediation or arbitration shall not be deemed a party to the Agreement. 27. TERMS AND CONDITIONS OF OFFER: This is an offer to purchase the Property on the above terms and conditions. The liquidated damages paragraph or the arbitration of disputes paragraph is incorporated in this Agreement if initialed by all parties or if incorporated by mutual agreement in a counter offer or addendum. If at least one but not all parties initial, a counter offer is required until agreement is reached. Seller has the right to continue to offer the Property for sale and to accept any other offer at any time prior to notification of Acceptance. Buyer has read and acknowledges receipt of a Copy of the offer and agrees to the above confirmation of agency relationships. If this offer is accepted and Buyer subsequently defaults, Buyer may be responsible for payment of Brokers' compensation. This Agreement and any supplement, addendum or modification, including any Copy, may be Signed in two or more counterparts, all of which shall constitute one and the same writing. 28. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the parties are incorporated In this Agreement. Its terms are intended by the parties as a final, complete and exclusive expression of their Agreement with respect to Its subject matter, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. if any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Except as otherwise specified, this Agreement shall be interpreted and disputes shall be resolved in accordance with the laws of the State of California. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed, except in writing Signed by Buyer and Seller. Buyer's initials { �) ( ) Sellers In' als ) { ) RPA -CA REVISED 4/13 (PAGE 7 OF 8) Reviewed by Uale CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA -CA PAGE 7 OF 8) 7668 Bevaly Dri" 7668 Beverly Dr Property Address: Rohnelrt Park, CA 94928 Date: November 21, 2024 29. EXPIRATION OF OFFER: This offer shall be deemed revoked and the deposit shall be returned unless the offer is Signed by Seller and a Copy of the Signed offer is personally received by Buyer, or by 29b Qbe& , who is authorized to receive it, by 5:00 PM on the third Day after this offer Is si red by Buyer (or, if dtedced, ® by 7-1 •00 ❑ AM(� PIV on Deter I, 2016 (date)). Date ! f �/` Date BUYER (Address) BUYER (Print name) 30. ACCEPTANCE OF OFFER: Seller warrants that Seller is the owner of the Property, or has the authority to execute this Agreement. Seller accepts the above offer, agrees to sell the Property on the above terms and conditions, and agrees to the above confirmation of agency relationships. Seller has rapd and acknowledges recs tot a Copy of this Agreement, and authorizes Broker to Deliver a nod Copy to er. ff OU / (C.A.R. Form CO�DATED: SE nt name ) (Print name) (Address) ( / ) CONFIRMATION OF ACCEPTANCE: A Copy of Signed Acceptance was personally received by Buyer or Buyer's authorized (Initials) agent on (date) at ❑ AM ❑ PM. A binding Agreement is created when a Copy of Signed Acceptance Is personally received by Buyer or Buyer's authorized agent whether or not confirmed in this document Completion of this confirmation Is not legally required In order to create a binding Agreement; it is solely intended to evidence the date that Confirmation of Acceptance has occurred. REAL ESTATE BROKERS: A. Real Estate Brokers are not parties to the Agreement between Buyer and Seller. B. Agency relationships are confirmed as stated In paragraph 2. C. If specifled in paragraph 3A, Agent who submitted the offer for Buyer acknowledges receipt of deposit. D. COOPERATING BROKER COMPENSATION: Listing Broker agrees to pay Cooperating Broker (SefNng Firm) and Cooperating Broker agrees to accept, out of Listing Brokers proceeds in escrow. (Q the amount specified in the MLS, provided Cooperating Broker is a Participant of the MLS in which the Property is offered for sale or a reciprocal MLS: or (fl) ❑ (if checked) the amount specified in a separate written agreement (C.A.R. Form CBC) between Listing Broker and Cooperating Broker. Declaration of License and Tax (C.A.R. Form DLT) may be used to document that tax reporting will be ed or that an exemption exists. Real Estat roko (Sellips Ohl P 31f.1 trillion Xn bona T BRE Lic. # By Deb Cho-de BRE Lic. # 02237719 Date IL Address City Pel`almzma State Gig r Zip 94952 Telephone (707) 774 -8600 Fax E-mail clhec10omes &Eg12. com R aasa3o Prp ties BRE Lic. # 015E By gatr' ler EIRE LIc. # 0, 018566 Date J Address Wayl of City ita;~i�lert Park State CA Zip 949,28 Aura Lei hone 707 —2 0 Fax 707 5 — 469 E -mail atxni 12 11 94vall. coca ESCROW HOLDER ACKNOWLEDGMENT: Escrow Holder acknowledges receipt of a Copy of this Agreement, (if checked, © a deposit in the amount of $ }, counter offer number Q Sellers Statement of Information and , and agrees to act as Escrow Holder subject to paragraph 24 of this Agreement, any supplemental escrow instructions and the terms of Escrow Holders general provisions. Escrow Holder is advised that the date of Confirmation of Acceptance of the Agreement as between Buyer and Seller is Escrow Holder Escrow # By Date Address Phone/Fax/E -mail Escrow Holder Is licensed FW the CaWbmia Department of Corporatkms, ❑ Insurance, Real Estate. License # PRESENTATION OF OFFER: ( tm 1y ) Listing Broker presented this offer to Seller on (date). Broker or Designee Initials REJECTION OF OFFER: { ) { ) No counter offer is being made. This offer was rejected by Seller on (date). Sellers Initials ® 2013. California Association of RMTOR8% IN. Untied Stales Copyright taw (71% 17 U.S. Cade) krbids fit UmAboriied dORNA a, mar and ropmWetim d this ram, or OW pcdkm th&,W, by photocopy machine or any other mews. Inducing famfirdle or Compulefted rocam". THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOUATION OF REALTORS* (CAR.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACnOM A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS, IF YOU DESIRE LEGAL OR TAX ADVICE. CONSULTAN APPROPRIATE PROFESSIONAL t Fed and Dbili by REAL ESTATE BUSINES S SERVICES, INC. Reviewed by e a subs kbyoffitsCALIFOIWAASSOCIA TIM OFREALTORS® 12, " SM South Virg➢ Avenue, Los Angeles, CatKomia 00020 Broker or Designee Dale REVISION DATE 4113 CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA•CA PAGE 8 OF 8) 7668 Beverly Drive CAL 1 FOR N I A ADDENDUM ASSOCIATION (C.A.R, Form ADM, Revised 4112) OF iRI,ALT0RS0 NO. The following terms and conditions are hereby Incorporated In and made a part of the: ® Residential Purchase Agreement, ❑ Manufactured Home Purchase Agreement, ❑ Business Purchase Agreement, ❑ Residential lease or Month -to -Month Rental Agreement, ❑ Vacant Land Purchase Agreement, ❑ Residential Income Property Purchase Agreement, ❑ Commercial Property Purchase Agreement. ❑ Other _ _ dated , on property known as in which Is referred to as (•8uyerRenanl ") and 'The Ci�x of Rohnart Park is referred to as ( "Seller/Landlord'). Soctiona 21 1 At:V2Meys' Egos) and yoction 26 ( dispute 1Reao3utior:2 to .Pot be a part of tMa aarclrasa oarsetraeat. The foregoln terms and conditions are hereby a reed to, and the undersigned acknowledge receipt of a copy of this document. Date Z1'" 6[ Date BuyerrTenant Sell Z. R'h tY o:E Ro cart PIK: Buyer[Tenant Seller/Landlord no capyriphl laws al pia Uniled Stales (TWO 17 U.S. Code) IMM the unauNronzod roproduclion of this form, a( any poillon Ihmeol. W pholucapy machine a arty mhor rnoam, including lauimlle or cwngiutarl:ad formate. CopytitlW 1986.2012, CALIFORNIA ASSOCIATION OF REAI.TORS9. INC. ALL RIGHTS RESERVED. THIS FORM I4AS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSO (CA.R.). No REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY on ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION, A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This (arm Is avaliable for use by the Who rest estate industry. It N not traeoded to ideally the usor as a RPALTORrP. REALIORD to a raptatamil collectivo membership mark which may be used only by mambers of the NATIONAL ASSOCIATION Ot RFAt TORSO who s utrtaR)o to 11% Code or Ethics nEAL S VIES SINEsby r n6AL fSTATf 0u31rtE�'i SfAVIGfS.IYC. s suk4Wddm Gagor sASraou6cnsr11FAt10M . USSaist Will Awnuo . Lot Angdm.CaslatdeMW � ADM REVISED 4112 (PAGE 1 OF 1) Rovfawea by Vale ADDENDUM (ADM PAGE 1 OF 1)` Agent: San<irs Geary Phone:707.5811888 Fsx:707 684.0880 Prepared using 21pFarM4111 software Broker: ReMax Pros. 6260 State Farms Or Rottnert Park, CA 94928 _ _ r _ Meeting Date: Department: Submitted By: Prepared By: Agenda Title: ITEM NO. 5.D.11 Mission Statement "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow. " CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT December 9, 2014 Department of Public Safety Jeff Nicks, Sergeant Jeff Nicks, Sergeant Acceptance of a Grant in the amount of $7,400.00 from the Department of Alcoholic Beverage Control for Grant Assistance Program (GAP) Funds RECOMMENDED ACTION: Adopt resolution to authorize and accept a $7,400.00 grant from the California Department of Alcoholic Beverage Control for Grant Assistance Program (GAP) funds. BACKGROUND: In September the Department of Public Safety applied for a joint Grant Assistance Program (GAP) grant from the California Department of Alcoholic Beverage Control in the amount of $7,400.00 to mitigate alcohol related nuisances and crimes, target problem premises with special emphasis on alcohol related nuisance abatement, and reduce youth access to alcohol from licensed premises in the Cities of Rohnert Park and Cotati. Under this multi- agency grant, the Rohnert Park Department of Public Safety will act as the administrator and will work closely with the Cotati Police Department. Acceptance of this grant will allow the agencies to focus on conducting Minor Decoy, Shoulder Tap, and IMPACT inspections on an overtime basis. Having had previous tri- cities ABC GAP with an allied agency has been successful in providing education and training to businesses that sell alcohol as well as the enforcement of alcohol related violations. Accepting this grant will allow for continued pro- active education to businesses and progress towards reducing the number of problems encountered by law enforcement associated with alcohol related issues. OPTIONS CONSIDERED: Declining this grant would preclude the City from realizing the health and safety benefits to the community otherwise afforded by this grant funding. Accepting the grant would provide needed funding to address the ongoing issue of alcohol - related problems in the community. ITEM NO. 5.D.11 FISCAL IMPACT/ FUNDING SOURCE: Funds are dispersed by the State of California Department of Alcoholic Beverage Control on a monthly reimbursement basis. Allocations are based on the previous month's expenditures. This grant does not require matching funds. This grant will be under a program budget format and will not impact the General Fund. Department Head Approval Date: 12/2/14 City Manager Approval Date: 12/2/14 City Attorney Approval Date: N/A Attachments: 1. Resolution 2. Grant Award letter 3. Grant Application Forms 2 RESOLUTION NO. 2014-183 RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK AUTHORING AND ACCEPTING A GRANT FROM THE STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL FOR GRANT ASSISTANCE PROGRAM FUNDS AND APPROVING THE DIRECTOR OF FINANCE TO INCREASE GENERAL FUND PROGRAM BUDGET APPROPRIATIONS AND MAKE ANY ADMINISTRATIVE ADJUSTMENTS NECESSARY TO EXECUTE THE AGREEMENT WHEREAS, the City of Rohnert Park desires to undertake a certain project designated as the Rohnert Park Department of Public Safety and Cotati Police Department Joint ABC Grant to be funded from funds made available through the Grant Assistance Program (GAP) administered by the State of California's Department of Alcoholic Beverage Control (hereafter referred to as ABC) Catalog of Federal Domestic Assistance (CFDA) number 20.616, and; IT IS AGREED that any liability arising out of the performance of this contract, including civil court actions for damages, shall be the responsibility of the grant recipients and the authorizing agencies. The State of California and ABC disclaim responsibility for any such liability, and; IT IS ALSO AGREED that this award is not subject to local hiring freezes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the Director of Public Safety to be the Chief Authorizing Official, the City's Finance Director is authorized to be the Fiscal Official, and a Public Safety Sergeant of the City of Rohnert Park Department of Public Safety is authorized to be the Program Director whose duties will be to execute, on behalf of the City Council of the City of Rohnert Park, the grant agreement attached hereto as "Exhibit A," including any extensions or amendments thereof and any subsequent contract with the State in relation thereto. BE IT FURTHER RESOLVED that by the City Council of the City of Rohnert Park that it does hereby authorize and approve authorize the Finance Director to increase appropriations in the General Fund in the amount of $7,400 in the General Fund Program Budget revenue and expenditure account numbers 001 -p210- various - various; and make any administrative adjustments necessary to execute the agreement in accordance with GAAP. The source of the funds is ABC Grant Funds. BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body. DULY AND REGULARLY ADOPTED this 9th day of December, 2014. CITY OF ROHNERT PARK Joseph T. Callinan, Mayor ATTEST: JoAnne M. Buergler, City Clerk BELFORTE: MACKENZIE: STAFFORD: AHANOTU: CALLINAN: AYES: ( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) STATE []F CgJ JFflRN4A — BLISJNESS CSjJy$Jj�) R $ERV( $ ❑ kO�J$JNG AGENOY Edmu6d-G- rowIl�1Ln�YBIDCf DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL a 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 (916) 419 -2500 Attachment 2 September 17, 2014 Director Brian Masterson City of Rohnert Park Department of Public Safety 500 City Center Drive Rohnert Park, CA 94928 -2118 Re: Multi - Program Mini Grant Dear Director Masterson: We are pleased to inform you your agency has been selecied to participate in the Department of Alcoholic Beverage Control's Mini Grant Program. Funding for this project comes from the Office of Traffic Safety through the National Highway Traffic Safety Administration. We anticipate operations to begin upon completion of the training class and approval of federal spending authority. Funding will conclude on September 30, 2015. The one day training class will be held in Sacramento on Tuesday, October 14, 2014 and in Cerritos on Thursday, October 16, 2014. In order to expedite the issuance of your contract please review and complete the enclosed Multi - Program Information Sheet. You can mail, fax or email this information to our Grant Coordinator, Diana Fouts -Guter at 3927 Lennane Drive, Suite 100, Sacramento, CA 95834, Fax: (916)419 -2599, or email her at Diana. fouts- ug ter2abc.ca.gov. Once we receive the completed information sheet, your designated Operations Officer will be contacted by a Department Agent with details regarding the training class. We appreciate your prompt respc Enclosure V_ Sgt. Jeff Nicks Rohnert Park Department of Public Safety to working with your agency. STQT��F (`A IFORNIA— BUSINESS GONSLIM R SERVI SAND HO SIN -. A -. N .Y Fdmiind G Rrnsr, Ir r'ns�o� nor CALIFORNIA ALCOHOLIC BEVERAGE CONTROL 3927 Lennane Drive, Suite 100 ~ Sacramento, CA 95834 (916) 419 -2584 FAX (916) 419 -2599 November 5, 2014 Brian Masterson, Chief Rohnert Park Department of Public Safety 500 City Center Drive Rohnert Park, CA 94928 Subject: Contract 14 -MPG16 Dear Chief Masterson: Enclosed is your approved copy of the above referenced contract entered into between the Department of Alcoholic Beverage Control and the Rohnert Park Department of Public Safety in the amount of $7,400.00. If you have any questions, please feel free to give me a call at (916) 419 -2584. Sincerely, o� Kristine Okino Grant Fiscal Analyst Enclosure STATE OF CN'.IFORNIA STANDARD AGREEMENT STD 213 (Rev,06 /03) AGREEMENT'NUMBER 14 -MPG16 REGISTRATION NUMBER \-'�) 00� ` b � 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME The Department of Alcoholic Beverage Control CONTRACTOR'S NAME City of Rohnert Park through the Rohnert Park Department of Public Safety 2. The term of this Agreement is: October 1, 2014 through September 30, 2015 3. The maximum amount of this Agreement is: $71400.00 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A — Scope of Work Exhibit B — Budget Detail and Payment Provisions Exhibit C — General Terms and Conditions 3 pages 2 pages 1 page * Items shown with an Asterisk ( *) are hereby incorporated by reference and made part of this agreement as if attached heretc These documents can be viewed at www. documents /dcis.ca.ciov/ols/GTC- 610.doc IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.) City of n ark through hnert Park Department of Public Safety BY (R prized g ) DATE SIGNED(Do�noor type) " e -- /O -w s I Y PWAND TITLE OF PERSON 5 A LLs,ra II 1 a II sterson, Chief ADDRESS 500 City Center Drive Rohnert Park, CA 94928 STATE OF CALIFORNIA AGENCY NAME II The Department of Alcoholic Beverage Control BY (Authorized Sig DA - S IG N 159 (Do opftr r 40 II PR1DF' ED NAME AND TtTLE�9 7 Eduardo Jimenez, Assistant Dir or, Administration ADDRESS 3927 Lennane Drive Ste 100, Sacramento, CA 95834 California Department of General Services'Use Only ® Exempt per: GC14616 Exhibit A Page 1 of 3 EXHIBIT A SCOPE OF WORK I. PROJECT REPRESENTATIVES The project representatives during the term of this agreement will be: Rohnert Park Department of Public Safety Brian Masterson, Chief 500 City Center Drive Rohnert Park, CA 94928 Direct all inquiries to: Same as above II. SCOPE OF WORK 14 -MPG16 Department of Alcoholic Beverage Control Chris Brookman Supervising Agent, Grant Unit 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 916- 419 -2579 Department of Alcoholic Beverage Control Diana Fouts - Guter, Grant Coordinator 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 916- 928 -9807 • Contractor agrees to implement the Department of Alcoholic Beverage Control (ABC) Minor Decoy, Shoulder Tap Programs and conduct Informed Merchants Preventing Alcohol - Related Crime Tendencies (IMPACT) Inspections. These Programs target both ABC licensed premises and individuals who furnish alcoholic beverages to the underage operators. The project is targeted to reduce underage drinking and the resultant DUI driving injuries and fatalities, and /or property damages, reduce youth access to alcoholic beverages through the education of licensee, enforcement intervention and the impressions of omnipresence of law enforcement. In addition, Contractor agrees to the following goals: o The operation period of the grant is October 1, 2014 through September 30, 2015. o Contractor agrees to raise public awareness that selling, serving and /or furnishing alcoholic beverages to individuals under twenty -one years old is a criminal violation that will be prosecuted by local city and district attorneys. o Contractor agrees to conduct Minor Decoy Operations at "On -Sale" and "Off- Sale" licensed locations within the operation period of the grant. o Contractor agrees to conduct Shoulder Tap Operations to apprehend adults that are unaffiliated with the licensed businesses and who are purchasing alcohol for minors outside of the stores within the operation period of the grant. Exr ;ibif A Pale 2 of 3 14 -NI P G 15 o Contractor agrees to conduct IMPACT Inspections at "On- Sale" and "Off- Sale" licensed locations within the operation period of the grant. o Contractor agrees to establish and implement a coordinated effort between Contractor and ABC, and acknowledges no operations will be conducted until after the Contractor's representative has completed training conducted by ABC. o Contractor agrees to issue press releases as follows: (a) to announce the start of the program; (b) after each Minor Decoy Operation has been held (to announce the number of licensed premises who sold to the minor decoy) and /or after each Shoulder Tap Operation has been held (to announce the number of adults arrested for purchasing alcoholic beverages for the decoy). Contractor will fax (916)419 -2599 or email each press release to the Department's Public Information Officer (John.carr cr abc.ca.gov) as soon as it is released. o Contractor agrees in all press releases, in addition to any credits the agency wishes to give, will include the following statement: "This project is part of the Department of Alcoholic Beverage Control's Minor Decoy /Shoulder Tap Grant Project, funded by the California Office of Traffic Safety through the National Highway Traffic Safety Administration. o Contractor agrees to host (provide location and distribute letters /flyers with training dates /times to ABC licensed establishments) a minimum of one (1) Licensee Education on Alcohol and Drugs (LEAD) class for licensee's located within Contractor's jurisdiction during the term of this contract. The training will be provided by ABC's Training /LEAD unit. o Contractor agrees to coordinate LEAD training dates /times with ABC to ensure the LEAD Trainer is available to conduct the class. o Contractor agrees to complete and submit bi- monthly reports, on a format designed by the Department of Alcoholic Beverage Control due: On or before December 15, 2014 (with results of operations October and November 2014) On or before February 15, 2015 (with results of operations December 2014 and January 2015) On or before April 15, 2015 (with results of operations February and March 2015) On or before June 15, 2015 (with results of operations April and May 2015) On or before August 15, 2015 (with results of operations June and July 2015) The final report due on or before October 30, 2015 (with results of operations August and September 30 2015) o Contractor agrees to submit an Executive Summary as part of the final report due on or before October 30, 2015. The summary shall contain the following: (1) an evaluation statement concerning the end product and cost benefits; and (2) a listing of recommended and /or adopted policy or procedure changes, if any, occurring as a result of the project. Exhibit .A Page 3 of 3 14 -MPG16 Disclaimer — The final report shall include the following: "The opinions, findings, and conclusions expressed in this publication are those of the authors and not necessarily those of the State of California. Business, Consumer Services and Housing Agency, or the Department of Alcoholic Beverage Control." Project Personnel — Identify the key personnel who worked on the project, together with their job classification, and a brief description of their contribution. Problems — Describe any operational or cost problems that were encountered in project implementation. If known, state alternative methods that would have avoided the problem and increased the effectiveness of the project. Results — Describe in detail the results of the project in terms of meeting the original objectives as stated in the project agreement. Also, describe the results in terms of how they will be specifically applied for future improvement of the agency's continuing activities relating to alcohol problem prevention and enforcement. Where possible, describe estimated savings resulting from implementing project results. Documentation — Attach any input and output documents developed. Examples are: new or revised forms, diagrams, management reports, photos, coding manuals, instructional manuals, etc. Other agencies may be able to adapt this material for their benefit. AMENDMENT PROCESS Should either party, during the term of this agreement, desire a change or amendment to the terms of this Agreement, such changes or amendments shall be proposed in writing to the other parry, who will respond in writing as to whether the proposed changes /amendments are accepted or rejected. If accepted and after negotiations are concluded, the agreed upon changes shall be made through the State's official agreement amendment process. No amendment will be considered binding on either party until it is formally approved by the State. CANCELLATION /TERMINATION This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination or cancellation and include any final performance and /or payment /invoicing instructions /requirements . Exhibit B Page .1 of 2 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS I. INVOICING AND PAYMENT 14 -MPG15 • For services satisfactorily rendered and upon receipt and approval of the invoice, the Department of Alcoholic Beverage Control agrees to pay a bi- monthly payment of approved reimbursable costs per the Budget Detail of personnel overtime and benefits (actual cost) and /or allowable costs associated with the initial training. Invoices shall clearly reference this contract number (14- MPG16) and must not exceed the contract total authorized amount of $7,400.00. Invoices are to be submitted on a bi- monthly basis, on the prescribed form designed by the Department of Alcoholic Beverage Control. First report will be due on or before December 15, 2014 (for operations conducted in October and November 2014). Second report due on or before February 15, 2015 (for operations conducted December 2014 and January 2015). Third report due on or before April 15, 2015 (for operations conducted February and March 2015). Fourth report due on or before June 15, 2015 (for operations conducted June and July 2015). Six /final report due on or before October 30, 2015 (for operations conducted August and September 2015). Submit to: Department of Alcoholic Beverage Control Attn: Kristine Okino, Grants Fiscal Analyst 3927 Lennane Drive, Suite 100 Sacramento, California 95834 • Payment shall be made in arrears within 30 days from the receipt of an undisputed invoice. • Contractor understands in order to be eligible for reimbursement; cost must be incurred on or after the effective date of the project and on or before the project termination date. Contractor understands any other costs incurred by Contractor, other than attendance at initial training and /or personnel overtime and benefits as authorized above, in the performance of this agreement are the sole responsibility of Contractor. II. BUDGET CONTINGENCY CLAUSE It is mutually agreed that if the Budget Act of the current year and /or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. Exhibit B Page 2 of 2 14 -MPG16 If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount. III. PROMPT PAYMENT CLAUSE • Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. Exhit5it C. Page 1 of 1 EXHIBIT C GENERAL TERMS AND CONDITIONS I. GENERAL TERMS AND CONDITIONS 14 -MPG16 PLEASE NOTE: This page will not be included with the final agreement. The General Terms and Conditions will be included in the agreement by reference to Internet site: www.documents.d,Qs.ca.gov/61s/GTC-61O.doc Attachment 3 CITY OF ROHNERT PARK 40DEPARTMENT OF PUBLIC SAFETY POLICE AND FIRE SERVICES Brian Masterson, Director August 19, 2014 Joseph McCullough, Deputy Division Chief Department of Alcoholic Beverage Control 3927 Lennane Drive, Suite 100 Sacramento, CA. 95834 Dear Deputy Chief McCullough, Please accept this letter of interest on behalf of the Rohnert Park Department of Public Safety and the Cotati Police Department for the Multi- Program Mini Grant. For over 15 years the Rohnert Park Department of Public Safety has worked hand and hand and side by side with the Alcoholic Beverage Control to help combat and reduce the growing numbers in alcohol related nuisances and crimes. These crimes and nuisances include, but are not limited to: public intoxication, driving under the influence, minors in possession of alcohol, sales /service to minors and obviously intoxicated patrons, binge drinking, disturbing the peace, vandalism, littering, loitering, large parties, public urination, assault and battery, and sexual assaults. Local, county, and state law enforcement agencies throughout the state are understaffed and rely heavily on grant subsidized programs that allot overtime hours for special enforcement activities. When implemented correctly these programs have proven to be effective; however, it's a known fact that alcohol related crimes increase when there's a reduction in prevention and enforcement efforts. Past enforcement activities proved that minors can easily obtain alcohol through shoulder tap methods as one out of every 10 persons solicited furnished alcohol. Minor access through retail outlets has seen a slight reduction in sales /service to our decoys from 16% to 10 %. Prevention efforts through mandated RBS training have played a significant role in the reduction; however, merchants are also aware on how to detect a decoy. For this purpose, the Rohnert Park Department of Public Safety has again partnered with the Cotati Police Department to help combat this forever challenging task. We have also solicited the assistance from the Sonoma County District Attorney to help ensure proper prosecution of individuals arrested for the listed crimes. The Sonoma County District Attorney supports these enforcement efforts 100 %. The cities of Rohnert Park and Cotati also house a large contingency of Sonoma State University students as well. Approximately 6000 students live in Rohnert Park and Cotati and approximately 3000 students live on the University campus, which is inside the Rohnert Park city limits. 500 CITY CENTER DRIVE — ROHNERT PARK, CALIFORNIA — 94928 -2118 Phone: (707) 584 -2600 fax: (707) 584 -2683 4bCITY OF ROHNERT PARK DEPARTMENT OF PUBLIC SAFETY Nqw- POLICE AND FIRE SERVICES Brian Masterson, Director The City of Rohnert Park currently has approximately 77 (28 Off -Sale and 49 On -Sale) businesses licensed to sell alcoholic beverages and the City of Cotati currently has approximately 46 (14 Off -Sale and 32 On -Sale) establishments. Downtown Cotati contains a total of 17 on and Off —Sale licensees within a two block area. This highly concentrated entertainment district is frequented by Sonoma State University and Santa Rosa Junior College students as well as patrons from other Bay Area communities. It's long been known as the " Cotati Crawl," because patrons can bar -hop very easily while consuming large amounts of alcohol and it's very difficult for bartenders and servers to track consumption. Last year Rohnert Park added 10 licensed establishments and is expecting more now that the Graton Casino and Resort has opened. There has been an increase of alcohol related incidents at establishments in the vicinity of the Casino which resides on the border of Rohnert Park. With the collaborative efforts of the Rohnert Park Department of Public Safety, the Cotati Police Department, the Department of Alcoholic Beverage Control, and the generous grant funding from the Governor's Office of Traffic Safety, we can proactively enforce and educate the communities and licensees of Rohnert Park and Cotati and help reduce alcohol related crimes and nuisances. Respectfully Submitted, Sergeant Jeff Nicks Rohnert Park Department of Public Safety 500 CITY CENTER DRIVE — ROHNERT PARK, CALIFORNIA — 94928 -2118 Phone: (707) 584 -2600 fax: (707) 584 -2683 BUDGET ESTIMATE BUDGET CATEGORY AND LINE -ITEM DETAIL A. Personnel Overtime (October 1, 2014 through September 30, 2015) The lowest overtime rate for an officer is $47.00 an hour. The highest overtime rate for sergeants is $83.00 an hour. An average of $75.00 an hour was used for all calculations. The budget projection is based on the following: (3) Officers /Sergeants conduct (24) five hour Shoulder Tap /Minor Decoy Operations over the course of the grant period. $5,400.00 (2) Officers /Sergeants conduct (12) four hour IMPACT Inspections Operations over the course of the grant period. $1800.00 TOTAL PERSONNEL OVERTIME SALARIES Total COST $7,200.00 B. Personnel Overtime Benefits (actual cost) (October 1, 2014 through September 30, 2015) The lowest overtime rate for an officer is $47.00 an hour. The highest overtime rate for sergeants is $83.00 an hour. An average of $75.00 an hour was used for all calculations. The budget projection is based on the following: (3) Officers /Sergeants conduct (24) Shoulder Tap /Minor Decoy Operations over the course of the grant period. ($5,500.00) (2) Officers /Sergeants conduct (12) IMPACT Inspections over the course of the grant period. ($1800.00) All overtime costs are fixed with stipends and other calculations. The only additional overtime that is not calculated is for Medi -care. With the additional Medi -care calculations the final overtime rate equates to $76.10. TOTAL PERSONNEL OVERTIME BENEFITS Total COST $7,300.00 TRAVEL/LODGING/PER -DIEM (Maximum $1,000) Total COST $1,000.00 TOTAL BUDGET ESTIMATE TOTAL $7,400.00 8/12/2014 California Office of Traffic Safety(OTS) - Grants CALIFORNIA OFFICE OF TRAFFIC SAFETY Home ••» Media and Research >> Rankings 2011 OTS RANKINGS .......................................................................................................................................................... ............................... - Rankings By Year: 2011 2010 2009 2008 2007 Select a City or County from one of the dropdown lists and click on the Show City or Show County button. City: -- SELECT ONE -- • County: -- SELECT ONE -- • SHOW CITY SHOW COUNTY Agency Year County Group Population (Avg) DVMT Rohnert Park 2011 SONOMA COUNTY D 40,832 269,640 AVERAGE VICTIMS RANI KING BY RANIQNG BY TYPE OF COLLISION 19LLED& DAILY VEHICLE AVERAGE 63/94 INJURED MILES TRAVELED POPULATION Total Fatal and Injury 88 50/93 70/94 Alcohol Involved 10 41/93 54/94 HBD Driver < 21 4 5/93 13/94 HBD Driver 21 - 34 0 90/93 94/94 Motorcycles 3 46/93 66/94 Pedestrians 5 60/93 74/94 Pedestrians < 15 2 24/93 38/94 Pedestrians 65+ 1 28/93 48/94 Bicyclists 14 16/93 33/94 Bicyclists < 15 1 58/93 71/94 Composite 46/93 70/94 1/4 FATAL & RANFQNG BY RANIQNG BY TYPE OF COLLISION INJURY DAILY VEHICLE AVERAGE COLLISIONS MILES TRAVELED POPULATION Speed Related 17 39/93 63/94 http://ots.ca.go\dMedia—and—ResearctVRanNngs/default.asp 1/4 8/1'212014 - Nighttime (9:00pm - 2:59am) Hit and Run California Office of Traffic Safety (OTS) -Grants DUI ARRESTS 8 35/93 58/94 3 68/93 77/94 99 0.40 33/93 READING AND UNDERSTANDING THE OTS RANKINGS ........................................................................................ ............................... ► What are the OTS Rankings? ► How are the OTS Rankings determined? ► How to Read and Understand the OTS Rankings ► Top Horizontal Bar ► Center Table ► Bottom Table What are the OTS Rankings? The OTS Rankings were developed so that individual cities could compare their city's traffic safety statistics to those of other cities with similar -sized populations. Cities could use these comparisons to see what areas they may have problems in and which they were doing well in. The results helped both cities and OTS identify emerging or on -going traffic safety problem areas in order to help plan how to combat the problems and help with the possibility of facilitating grants. In recent years, media, researchers and the public have taken an interest in the OTS Rankings. It should be noted that OTS rankings are only indicators of potential problems; there are many factors that may either understate or overstate a city /county ranking that must be evaluated based on local circumstances. NOTE: City rankings are for incorporated cities only. County Rankings include all roads — state, county and local — and all jurisdictions — CHP, Sheriff, Police and special. Return to top How are the OTS Rankings determined? = Victim and collision data for the rankings is taken from the latest available California Highway Patrol (CHP) Statewide Integrated Traffic Records System (SWITRS) data. >> Victim and collision rankings are based on rates of victims killed and injured or fatal and injury collisions per 1,000 daily - vehicle- miles -of- travel" (Caltrans data) and per 1,000 average population" (Department of Finance data) figures. This more accurately ensures proper weighting and comparisons when populations and daily vehicle miles traveled vary. }% DUI arrest totals and rankings are calculated for cities only and are based on rates of non -CHP DUI arrests (Department of Justice data). This is so that local jurisdictions can see how their own efforts are working. >> Counties are assigned statewide rankings, while cities are assigned population group rankings. Return to top How to Read and Understand the OTS Rankings Top Horizontal Bar: >} Agency — local jurisdiction that the data applies to. >% Year — the year the data represents. The rankings are updated once per year when all component statistics and data hftp://ots.ca.gov/Media—and—ResearcIVRanNngs/default.asp 2/4 6/12/2014 Galnornla Uttice of I rattic Satety(U 1 S) - Grants have been reported. >= County — county in which the city is located. Group — Cities are grouped by 2011 population: Group A — 13 cities, populations over 250,000 TT Group B — 55 cities, population 100,001- 250,000 %? Group C — 102 cities, population 50,001- 100,000 Group D — 94 cities, population 25,001- 50,000 * Rankings for smaller cities are not included on -line, but are available through the OTS Public Affairs Office. > Population — estimates matched to "Year" DVMT— Daily Vehicle Miles Traveled. Caltrans estimate of the total number of miles all vehicles traveled on that city's streets on an average day during that year. >� The number of cities in each group varies by year. Return to ton Center Table: IMPORTANT NOTE #1: The figures in the two ranking columns show as two numbers divided by a slash. The first number is that city's ranking in that category. The second number is the total number of cities /counties within that "Group ". For instance, if you see "22/53 ", that means that city ranks 22nd out of 53 cities of similar size. IMPORTANT NOTE #2: OTS Rankings are calculated so that the higher the number of victims or collisions per 1000 residents in a population group, the higher the ranking. Number 1 in the rankings is the highest, or "worst." So, for Group B, a ranking of 1/53 is the highest or worst, 27/53 is average, and 53/53 is the lowest or best. Type of Collision — This column delineates the different types of collisions OTS has chosen to show in the rankings. These represent the types with larger percentages of total killed and injured and areas of focus for the OTS grant program. Motorcycles were added in 2008. > Victims Killed and Injured — This column shows the number of fatalities and injuries aggregated. Damage -only or fender - bender collisions are not included. :» Ranking by daily vehicle miles traveled — This column weighs this city against all others in the Group when looking at DVMT. Cities of like size may have widely varying rates of traffic, a factor which can be meaningful on a local basis. Significant differences between this and the population column must be evaluated based on local circumstances. Ranking by population — This column weighs this city against all others in the Group based on population. Population can be a meaningful basis for comparison. Significant differences between this and the Daily Vehicle Miles Traveled column must be evaluated based on local circumstances. :> Total Fatal and Injury — The total number of victims involved in all collisions where there were fatalities and /or injuries in that city /county. >> Alcohol Involved — Collisions in which there were victims killed or injured where a party (driver, pedestrian, bicyclist) was classified as "Had Been Drinking." ?> HBD Driver <21 — Collisions in which there were victims killed or injured where a driver who was under the age of 21 had been drinking. » HBD Driver 21 -34 — Collisions in which there were victims killed or injured where a driver who was between the ages of 21 and 34 had been drinking. Motorcycles - Collisions in which there were victims killed or injured and a motorcycle was involved. 1: Pedestrians - Collisions in which there were victims killed or injured and a pedestrian was involved. Pedestrians <15 - Collisions in which there were victims killed or injured and a pedestrian under the age of 15 was involved. Pedestrians 65+ - Collisions in which there were victims killed or injured and a pedestrian age 65 and older was involved. http://ots.ca.gov/Media—and—ResearcWRanl4ngs/default.asp 3/4 8/12/2014 California Office of Traffic Safety(OTS) - Grants Bicycles - Collisions in which there were victims killed or injured and a bicyclist was involved. Bicycles <15 - Collisions in which there were victims killed or injured and a bicyclist under age 15 was involved. > Composite — Figures which show rankings only, an aggregate of several of the other rankings (HBD 21 -34, HBD Under21, Alcohol Involved victims plus Hit & Run, Nighttime and Speed collisions). These figures are a means to give an indication of over -all traffic safety. Return to too Bottom Table: >, Speed Related — Collisions in which there were victims killed or injured where speed was the primary factor. » Nighttime (9:OOpm - 2:59am) — Collisions in which there were victims killed or injured that occurred between those hours, which are prime hours for DUI, speeding and drowsy driving crashes. Hit and Run — Collisions in which there were victims killed or injured and a driver left the scene. >> DUI Arrests — DUI arrest figures are shown for cities only, not counties. The first figure gives the total number of DUI arrests for the year on city streets. The second number shows the percentage of the city's estimated licensed drivers that was arrested for DUI during that year. The current statewide average is .90 %. Local percentages shown give an indication of how cities compare against the average. Lower than .90% means lower than the state average and higher than .90% means higher that the state average. However, differences can be from many factors and must be evaluated based on local circumstances. Cities often use this measure to determine how to adjust their DUI enforcement activity. When increased DUI enforcement is combined with education and public information campaigns, it can lead to a reduction of the incidence of DUI. "0" Note: Cities reporting 0 victims and /or collisions for a category or 0 DUI arrests are ranked using the variable upon which the ranking is based. For example, if 10 of 93 cities in population group D reported 0 hit - and -run fatal and injury collisions when ranking by per 1,000 average population," the city with the highest population of these 10 cities would be ranked 93/93, and the city with the lowest population of these 10 cities would be ranked 84/93. The same methodology has been applied when ranking per 1,000 daily - vehicle- miles -of- travel" and per "estimated average number of licensed drivers." Return to top Conditions of Use I Privacy Policy Copyright © 2007 State of California hftp://ots.ca.gov/Media—and_ResearcWRanldngs/default.asp 4/4 k ITEM NO. 5.D.12 Mission Statement "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow. " CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: December 9, 2014 Department: Department of Public Safety Submitted By: Jeff Taylor, Commander and Daniel Adam, Fire Marshal Prepared By: Jeff Taylor, Commander and Daniel Adam, Fire Marshal Agenda Title: Consideration and Adoption of Resolution Authorizing and Approving the Director of Finance to Increase General Fund and Asset Forfeiture Special Revenue Fund Appropriations and Make Any Administrative Adjustments Necessary to Fund the Repair of Security Gate Operators and Purchase Load Bearing Vests for Public Safety Officers, to be Reimbursed by Asset Forfeiture Special Revenue Funds RECOMMENDED ACTION: Approve a Resolution authorizing and approving the Finance Director to increase General Fund appropriations, which will be reimbursed by the Asset Forfeiture Special Revenue Funds, and make any administrative adjustments necessary to fund the repair of security gate operators at the Main Public Safety Building and purchase of load bearing vests for Public Safety personnel. BACKGROUND ON ASSET FORFEITURE SPECIAL REVENUE FUNDS: Under California Health and Safety Section 11495, Law Enforcement Agencies that seize assets which include both property and money from the sale of illegal narcotics may be used by the Law Enforcement Agency. Some of the permitted uses for this money are for capital improvements to the city owned police facility, purchase of law enforcement equipment, continued training, gang education and awareness are some of the permitted uses of this money. Asset seizure money cannot be used to supplant items that are included in the budget for annual operations. The City has set up Special Revenue Funds to separately account for funds seized under State and Federal seizure laws, as the allowable uses of the funds in each case are different. BACKGROUND ON GATE: The vehicular drive - through security gate operators at the Main Public Safety Building are broken and are in need of repair. Because it is currently unsafe to operate the gates, they are locked open. With the gates locked open, we do not have a secure rear parking lot for the Public Safety Building. The rear parking lot area is used for on -duty and off -duty emergency vehicle parking and storage of vehicles, equipment, bicycles, etc. Suspects are transported to the rear parking lot and then into the building. ITEM NO. 5.D.12 The gates and operators were installed in 2006 as part of a cooperative realignment when the "Arbors Apartments" were constructed. The City Parking lots were reconfigured and a new rear parking lot was constructed for the Public Safety Building. Over the course of the last eight years the gates operators have been repaired / replaced several times under the warranty of the original contractor. The design of the original operators includes hydraulic actuated openers that pivot the gates. The design of the gate system has not been reliable over the years. The recommendations by contractors over the years have been to redesign the operator system to a more conventional system, utilizing standard swing arm units. ANALYSIS ON GATE: The gates at the Public Safety Building need to be operational for regular Public Safety operations. The cost of redesigning and replacing the operator system is not expected to exceed $20,000 based upon three separate bids received for the work. While this has been an ongoing problem, we have not been able to allocate funding over the past several years due to budgetary constraints. We have now identified sufficient Asset Forfeiture Special Revenue funds to make the needed repairs. OPTIONS CONSIDERED ON GATE: Option 1: Do not repair the gates. This would leave the rear parking lot unsecure. Not recommended. Option 2: Repair / replace the existing operators: The initial estimates exceed the cost of redesign and conventional operators, and the failure to redesign could continue the ongoing problems with the hydraulic operators. Not recommended. Option 3: Authorize minor redesign of the gate hinge system and operator types and replacement, to be paid for with Asset Forfeiture Special Revenue Funds. Recommended FISCAL IMPACT /FUNDING SOURCE ON GATE Funding for this project $20,000 repair is not budgeted in the FY 2014 -15 Public Safety Budget. We would request and recommend the use of Asset Forfeiture Special Revenue funds to complete this project. The use of these funds for this work is consistent with the purpose of that special fund, based on the Department of Justice Equitable Sharing guidelines. Specifically, because the redesign and repair of the gate will secure parking of the City's emergency vehicles, storage of confiscated and evidentiary items, and transfer of suspects, staff has determined that the expenditure would directly enhance public safety and security and is therefore a permissible use of the special funds. Costs for the repair will initially be paid for by the General Fund, and the Asset Forfeiture Special Revenue Fund will reimburse the General Fund, thus requesting appropriations in both funds. 2 ITEM NO. 5.D.12 BACKGROUND ON LOAD BEARING VEST: Back injuries have become so common in law enforcement that California has enacted a law stating that such injuries are presumed to be work related and are compensable as such. From the California Labor Code: 3213.2. (a) In the case of a member of a police department of a city, county, or city and county, or a member of the sheriffs office of a county, or a peace officer employed by the Department of the California Highway Patrol, or a peace officer employed by the University of California, who has been employed for at least five years as a peace officer on a regular, full -time salary and has been required to wear a duty belt as a condition of employment, the term "injury," as used in this division, includes lower back impairments. The compensation that is awarded for lower back impairments shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division. (b) The lower back impairment so developing or manifesting itself in the peace officer shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a person following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. (c) For purposes of this section, "duty belt" means a belt used for the purpose of holding a gun, handcuffs, baton, and other items related to law enforcement. Back injuries associated with prolonged sitting and wearing of a duty belt that includes all safety equipment has increased in law enforcement over the last ten years. Public Safety has experienced a significant increase in on -duty back injuries and this load bearing vest will reduce the weight of safety equipment that is currently worn on the duty belt of the waist of Public Safety Officers. By reducing the weight of safety equipment worn around the waist and shifting it to pockets located in the load bearing vest, it will remove the weight and strain that is currently placed on the lower back of Public Safety Officers. The purchase of the load bearing vest will be a proactive approach to reducing officer related back injuries. ANALYSIS ON LOAD BEARING VEST: A load bearing vest is recognized by health care providers and industry experts as a tool to address back pain caused by prolonged sitting while wearing a duty belt. By purchasing a load bearing vest for all Public Safety Officers we are proactively reducing future injuries and future workers compensation claims. The Agency has already authorized a vest for those employees that have seen a medical examiner and the doctor has made a recommendation for a load bearing vest. The product, called Vest Man, has a proven track record since first implemented a year ago. It was tested at the firing range and during defensive tactics. ITEM NO. 5.D.12 A Vest Man load bearing vest was approved by the Director of Public Safety in part because it does not present the military look of a tactical vest. It complements our current uniform and is made to fit each and every officer based on their personal measurements. The vest displaces the weight of the gear off the waist and onto the shoulders. It holds the officer's ballistic vest and is custom made to each officer's measurements for safety and comfort. Management is recommending the purchase of a load bearing vest to all Public Safety Officers as a proactive step to reduce back injuries that lead to workers compensation claims. We have identified sufficient Asset Forfeiture Special Revenue funds to fund the purchase. As the Vest Man is part of a Police Uniform, we have determined that the expenditure would directly enhance public safety and security. OPTIONS CONSIDERED ON LOAD BEARING VEST: Option 1: Do not purchase load bearing vests. This would do nothing to reduce employee injuries and worker's compensation claims. Not Recommended. Option 2: Purchase the load bearing vests. This is a proactive approach that will save the city money by reducing employee injuries and reduce workers compensation claims. Recommended. FISCAL IMPACT /FUNDING SOURCE ON LOAD BEARING VEST Currently there are 59 personnel that would be eligible to wear a product where they would benefit from the potential risk for back injuries due to wearing a duty belt. The cost of the load bearing vest is approximately $355 dollars. For all 59 personnel, and to cover any contingencies due to minor cost increases, the total cost is estimated not to exceed $22,000 dollars. Funding for this purchase is not budgeted in the FY 2014 -15 Public Safety Budget. We would request and recommend the use of Asset Forfeiture Special Revenue funds to complete this purchase. The use of these funds for this work is consistent with the purpose of that special fund, based on the Department of Justice Equitable Sharing guidelines. Specifically, because the purchase of load bearing vests will better displace the weight of police gear thereby reducing strain and injury on personnel, staff has determined that the expenditure would directly enhance public safety and security and is therefore a permissible use of the special funds. Costs for the vests will initially be paid for by the General Fund, and the Asset Forfeiture Special Revenue Fund will reimburse the General Fund, thus requesting appropriations in both funds. Department Head Approval Date: 11/14/14 City Manager Approval Date: 12/2/14 City Attorney Approval Date: 12/2/14 Attachments (list in packet assembly order): 1. Photo of Entry Gate to Public Safety — Locked open. 2. Photo of Load bearing vest (Vest Man) 3. Resolution in no wool OPP Attachment 2 Load Bearing Vest (Vest Man) RESOLUTION NO. 2014 -184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING THE DIRECTOR OF FINANCE TO INCREASE GENERAL FUND AND ASSET FORFEITURE SPECIAL REVENUE FUND APPROPRIATIONS AND MAKE ANY ADMINISTRATIVE ADJUSTMENTS NECESSARY TO FUND SPECIFIED PUBLIC SAFETY REPAIRS AND EQUIPMENT, TO BE REIMBURSED BY ASSET FORFEITURE SPECIAL REVENUE FUNDS WHEREAS; the Public Safety Main Station driveway gates have become non - operational and are in need of repair in order to secure the parking of the City's emergency vehicles, protect the storage of vehicles, equipment, bicycles, and to secure the transfer of suspects; repairs for which are estimated to cost approximately $20,000 based on three separate bids received for the work; and WHEREAS, back injuries have become so common in law enforcement that California has enacted a law stating that such injuries are presumed to be work related and are compensable as such, and WHEREAS, by purchasing, at an estimated cost of $22,000, a load bearing vest for all Public Safety Officers, the weight of police gear will be better displaced thereby proactively reducing strain and potential injuries and future workers compensation claims ; and WHEREAS, funding for the repair of the driveway gates and purchase of load bearing vests is not budgeted in the FY 2014 -15 Public Safety Budget; and WHEREAS, costs of the driveway gate repair and load bearing vests would initially be paid by the General Fund; and WHEREAS, these expenditures would be reimbursed by the Asset Forfeiture Special Revenue Funds, which is a special fund comprised of seized assets from crimes that can be used for specified purposes, including improvements to the city owned police facility, purchase of law enforcement equipment, continued training, gang education and awareness; and WHEREAS, the repair of the driveway gates and purchase of load bearing vests are permissible uses of those special funds and the Asset Forfeiture Special Revenue Funds will be designated to reimburse the General Fund for those expenditures; and WHEREAS, staff recommends increasing the appropriations in the General Fund in the amount of $20,000 to repair the driveway gates, and $22,000 to purchase the load bearing vest which will be reimbursed by the Asset Forfeiture Special Revenue Fund; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve authorize the Finance Director to increase appropriations in the General Fund in the amount of $20,000 in General Fund account number 001 - 2200 - 400 -9510 (gate) and $22,000 001 - 2200 - 400 -5330 (load bearing vest), and $44,000 in reimbursement account 001 - 2200 - 400 -6911; and, in the Special Revenue Fund in the amount of $20,000 in account 104 - 0000 - 400 -6935 (gate) and $22,000 in account 106 - 0000 - 400 -6936 (load bearing vest), and make any administrative adjustments necessary to carry out the transactions in accordance with GAAP. The source of the funds is Asset Forfeiture Special Revenue Funds. DULY AND REGULARLY ADOPTED this 9th day of December, 2014. CITY OF ROHNERT PARK Joseph T. Callinan, Mayor ATTEST: JoAnne M. Buergler, City Clerk BELFORTE: MACKENZIE: STAFFORD: AHANOTU: AYES:( ) NOES: ( ) ABSENT:( ) ABSTAIN: (2) CALLINAN: 1 , ITEM NO. 5.E.1 Mission Statement "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow. " CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: December 9, 2014 Department: Development Services Submitted By: Marilyn Ponton, Director of Development Services Prepared By: Marilyn Ponton, Director of Development Services Agenda Title: Adoption of Ordinance No. 881 (File No. PLRZ2014 -0003) — Approving Prezoning and amending the Zoning Map for the Northwest Specific Plan Area located south of Millbrae Avenue, west of Dowdell Avenue, north of Business Park Drive and east of langner Avenue in Sonoma County, CA RECOMMENDED ACTION: Staff recommends City Council take the following actions: 1. Adopt Ordinance No. 881 approving prezoning and amending the Zoning Map for the Northwest Specific Plan Area located south of Millbrae Avenue, west of Dowdell Avenue, north of Business Park Drive, and east of Langner Avenue in Sonoma County, CA BACKGROUND: The Northwest Specific Plan (NWSP) proposes a mixed -use community on approximately 100 acres adjacent to the northwest City Limits, within the City's Sphere of Influence, and within the City's Urban Growth Boundary. The NWSP was identified in the 2000 General Plan as a Specific Plan Area. The General Plan Land Use Diagram and the Land Use Program for the NWSP (associated with General Plan Policy LU -20) indicate that the area is anticipated to support high density residential, commercial, office, industrial, and park uses. The NWSP area identified in the 2000 General Plan includes the Graton Rancheria Resort and Casino, which opened for operation on November 5, 2013. This land, located between Golf Course Drive West and Business Park Drive east of Langner Avenue, was not included in the NWSP area. An Environmental Impact Report (EIR) was prepared to evaluate the environmental effects of the proposed Project. The NWSP Project was presented to the City Council on November 25, 2014. The City Council voted 4 -0 to approve the following NWSP Project entitlements: 1. Final EIR; 2. General Plan Amendments; 3. Northwest Specific Plan; 4. Introduced an ordinance approving the prezoning of the Project Site and amending the zoning map for the NWSP area; and 5. Application to Sonoma Local Agency Formation Commission for Reorganization. 1 ITEM NO. 5.E.1 PROPOSED PROJECT Ordinance No. 881, now before the City Council for adoption, would prezone and amend the City of Rohnert Park Zoning Map for the NWSP Area. The NWSP area lies within the unincorporated portion of Sonoma County, although it is within the City's Sphere of Influence and General Plan planning area. In order to receive necessary urban services, annexation to the City of Rohnert Park is required. Being located outside of the existing City Limit the NWSP area is not currently included in the City of Rohnert Park Zoning Map. The entire NWSP area is proposed to be zoned Specific Plan (SP). Uses and development standards for the area would be determined by the proposed NWSP. Proposed zoning for the NWSP area is shown on Exhibit A, Proposed Zoning Map Revision of the ordinance. The City General Plan designation for the Project site is currently Commercial -R, High Density Residential, Commercial- R/High Density Residential, Industrial, and Parks /Recreation. The Northwest Specific Plan includes Commercial -R, Mixed -Use, Industrial, and Parks /Recreation. The Project area is identified as a specific plan area in the General Plan. The Rohnert Park Municipal Code Subsection 17.06.300 states that a Specific Plan (SP) District shall apply to an area designated as appropriate for a specific plan in the General Plan. OPTIONS CONSIDERED: Staff considered not approving the NWSP or annexing the Plan area. This option is not recommended as annexation of the area and designation of similar land uses has been contemplated in the General Plan since 2000. FISCAL IMPACT /FUNDING SOURCE: None, the applicant /developer pays their own costs to process the application and to develop the property including the required infrastructure. Department Head Approval Date: 11/21/14 City Manager Approval Date: 11/26/14 City Attorney Approval Date: 11/26/14 Attachments (list in packet assembly order): A. Ordinance No. 881 Exhibit A: Proposed Zoning Map Revision 2 ORDINANCE NO. 881 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA APPROVING PREZONING AND AMENDING THE ZONING MAP FOR THE NORTHWEST SPECIFIC PLAN AREA LOCATED SOUTH OF MILLBRAE AVENUE, WEST OF DOWDELL AVENUE, NORTH OF BUSINESS PARK DRIVE, AND EAST OF LANGNER AVENUE IN SONOMA COUNTY, CA WHEREAS, the applicant, City of Rohnert Park, has submitted an application for the prezoning of approximately 100 acres in connection with the proposed Northwest Specific Plan ( "Project "); and WHEREAS, the City may, pursuant to Government code section 65859, prezone unincorporated territory to determine the zoning that will apply to that territory upon annexation to the City; and WHEREAS, on September 11, 2014, the Planning Commission held a public hearing at which time the Planning Commission reviewed the project proposal and recommended approval by the City Council; and WHEREAS, the City Council reviewed and certified the Final EIR for the Project in accordance with CEQA; and has otherwise carried out all requirements for the Project pursuant to CEQA; and WHEREAS, pursuant to California State Law and the RPMC, public hearing notices were mailed to all property owners within an area exceeding a three hundred foot radius of the subject property and a public hearing was published for a minimum of 10 days prior to the first public hearing in the Community Voice; and WHEREAS, on November 25, 2014, 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; and WHEREAS, the City Council has reviewed and considered the information contained in Planning Application No. PLRZ2014 -0003 for the proposed prezoning of the Northwest Specific Plan property; and NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Rohnert Park does ordain as follows: SECTION 1. The above recitations are true and correct and material to this Ordinance. SECTION 2. Findings for Adoption of Prezoning and Amendment of the Zoning Map 881 The City Council hereby makes the following findings concerning the prezoning of property and amendment to City zoning map proposed by Planning Application No. PLRZ2014- 0003 pursuant to Rohnert Park Municipal Code section 17.25.073: 1. That the proposed prezoning is consistent with the general plan. Criteria Satisfied. The City General Plan designation for the Project site is currently Commercial -R, High Density Residential, Commercial- R/High Density Residential, Industrial, and Parks /Recreation. The Northwest Specific Plan includes Commercial -R, Mixed -Use, Industrial, and Parks /Recreation. The Project area is identified as a specific plan area in the General Plan. The Rohnert Park Municipal Code Subsection 17.06.300 states that a Specific Plan (SP) District shall apply to an area designated as appropriate for a specific plan in the General Plan; therefore the proposed prezoning is consistent with the General Plan. 2. That the proposed zoning and /or amendment will be beneficial to and not detrimental to the public health, safety, or welfare. Criteria Satisfied. As discussed in the staff report, prezoning the Project site to Specific Plan (SP) is consistent with the General Plan's vision for the Project site. The proposed prezoning district will be beneficial to public health, safety, and welfare by allowing a variety of residential, commercial, public, and recreational uses to be established on the Project site. The proposed land uses in the planned SP Zoning District are compatible with existing and proposed development on surrounding properties and as proposed incorporates numerous elements and mitigation measures which will advance public health, safety, and welfare. 3. That with the proposed prezoning adequate and available sites remain to mitigate the loss of 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). Criteria Satisfied. The proposed prezone on the site will allow the future annexation and development of the site with residential uses within the Mixed - Use areas that would enhance the availability of housing in the City and assist in meeting the City's "fair share" regional housing needs requirements as the proposed land uses include up to 398 residential units. Future development will be subject to the City's inclusionary housing ordinance. Further, approximately 1,168 affordable units are approved or proposed within the City's Urban Growth Boundary which are adequate to accommodate the City's applicable affordable housing requirements. SECTION 2. Adoption of Prezoning and Amendment of the Zoning Map 881 Based on the findings set forth in the preceding section, the City Council ordains that the official prezone adopted for the Northwest Specific Plan area containing approximately 100 acres in the area located south of Millbrae Avenue, west of Dowdell Avenue, north of Business Park Drive, and east of Langner Avenue, shall be Specific Plan District (SP) and further amends the Zoning Map as depicted on attached Exhibit A attached hereto and by reference incorporated herein. SECTION 3. Compliance with the California Environmental Quality Act. The City Council has certified a Final Environmental Impact Report for the Northwest Specific Plan Project, which evaluated the impacts of implementation of this ordinance, including adoption of associated CEQA Findings, Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program in Resolution No. 2014 -155. SECTION 4. Effective Date. This Ordinance shall be in full force and effective 30 days after its adoption, and shall be published and posted as required by law. This Ordinance was introduced by the Council of the City of Rohnert Park on November 25, 2014, and was adopted on December 9, 2014 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ROHNERT PARK Joseph T. Callinan, Mayor ATTEST: JoAnne M. Buergler City Clerk APPROVED AS TO FORM: Michelle M. Kenyon City Attorney 881 EXHIBIT A PROPOSED ZONING MAP REVISION 881 Exhibit A - Ordinance 881 :ETI I 1'y 1 { {f L — WilfredCa s AILV ♦ `l ♦ ,ELCAMINO SCHOOL kFXpy o° 3 I I •• l� HE-v X ROHNERT PARK MUNICIPAL GOLF COURSE GOLF COURSE DR ROHNERT PARK MUNICIPAL GOLF COURSE N� T Q� DOROTHEA PARK �:I11 HOLLY AVE Coleman Creek GOLIS PARK GOLF COURSE DR HONEYBEE GOLDRIDGE PARK ELEMENTARY ^ SCHOOL *RGUERITEH ..- - ------------ �� - SC EVENT I ELEANOR AVER Five Creek Q' j a I w � a EVERGREEN ELEMENTARY SCHOOL R' EAGLE Jm PARK k /iii; 1 -- o=ff J % /� / /� /Pc :.1 / /� CREEKSIDE j////W01.1 / %/ MIDDLE / / / / / SCHOOL I; ROHNERT PARK EXPY � � qzzm 00,0 OWOO S IE PARK � • C /1 SPORTSO CENTER CENTER PERFORMING ARTS CENTER RANCHO COTATE JOHN REED + CVISTA ; ELEMENTARY VISTA CRANE SENIOR HIGH LICIA SCHOOL ��JO PARK ELEMENTARY 0 SCHOOL m PARK 5� SCHOOL > i LU CATERPILLAR SO NOVA STATE W yOJ PARK I UNIVERSITY MOUNTAIN 0 SHADOWS MIDDLESCHOOL G� V PARK O i PARK /WALDO-ROHNERT ELEMENTARY F SCHOOL �6 Via{ . t� Y "LJ n*L y Cotati _ a �{ �\{ ,l Y - ?•' ,l f-�f III, Districts R -E: Estate Residential R -R: Rural Residential R -L: Low Density Residential R -M: Medium Density Residential R -H: High Density Residential ' %, R- M /M -H: Medium Density Residential /Mobile Home Overlay C -N: Neighborhood Commercial ; C -R: Regional Commercial C -O: Office Commercial I -L: Industrial A, I -L /O: Industrial /Office Overlay M -U: Mixed Use �. P -1: Public Institutional OS -EC: Open Space - Environmental Conservation OS -ARM: Open Space - Agricultural and Resource Management SP: Specific Plan PD: Planned Development —:City Limits L__j 20 Year Urban Growth Boundary .... Sphere of Influence ♦ MAGNOLIA PARK ,Ik MONTE VISTA ♦ y SCHOOL w T� Y LA FIESTA 2� - ] _T ELEMENTARY 4 SCHOOL N� \� '� •.�',.. ll.11�'I LADYBUG l} tit` PARK O,p . . . . . . . . m _ lit ........... �: ��' � �,� ,{ , � . • .VIII � --a r _J City of Rohnert Park Proposed Zoning Map 0 2,000 4,000 8,000 Feet 1 in = 2,000 ft September 2014 Map compiled by City of Rohnert Park Development Services p Base data from County of Sonoma GIS, City of Rohnert Park 1 , ITEM NO. 5.E.2 Mission Statement "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow. " CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: December 9, 2014 Department: Development Services Submitted By: Marilyn Ponton, Director of Development Services Prepared By: Marilyn Ponton, Director of Development Services Agenda Title: Adoption of Ordinance No. 882 (File No. PLDA2014 -0005) — Approving an Amendment to the Development Agreement between the City of Rohnert Park and Redwood Equities LLC for development of the property located south of Canon Manor Specific Plan Area, west of Petaluma Hill Road and north of Valley House Drive RECOMMENDED ACTION: Staff recommends City Council take the following action: 1. Adopt Ordinance No. 882 approving an amendment to the Development Agreement between the City of Rohnert Park and Redwood Equities LLC for development of the property located south of the Canon Manor Specific Plan Area, west of Petaluma Hill Road, and north of Valley House Drive (APN 047 - 111 -030). BACKGROUND: The Southeast Specific Plan ( "SESP ") is one of five specific plan areas designated in the City's General Plan for future development. The SESP includes approximately 80 -acres of lands in the City of Rohnert Park, south of the Canon Manor Specific Plan Area, west of Petaluma Hill Road, and north of Valley House Drive and prior to 2011, was located outside of the City's boundaries. In 2010, the SESP document (Specific Plan) was approved and associated General Plan amendments were adopted and implemented. The adopted Specific Plan addresses the land use and development standards for the SESP area, which was annexed to the City in 2011. The approved Specific Plan allowed a maximum of 475 residential units, 10,000 square feet of commercial uses, and a 5.0 acre park. In addition to the Specific Plan and General Plan amendments, the City Council approved a Final Development Plan, a Tentative Map and a Development Area Plan, which illustrated housing types, landscaping, lighting, entry features and other design elements were approved. An Environmental Impact Report (EIR) was prepared and certified by the City in conjunction with the 2010 approval of the plans, map and annexation request. The applicant, Redwood Equities LLC, proposed revisions to the adopted SESP, Final Development Plan and Development Area Plan. In addition, the applicant proposed a new Tentative Map and amendments to the Development Agreement. On November 25, 2014, the City Council held a public hearing and voted 4 -0 to approve the following Project entitlements: 1. Rescission of Tentative Map approved in 2010; 2. Revised Specific Plan; 1 ITEM NO. 5.E.2 3. Revised Final Development Plan; 4. Tentative Map; 5. Revised Development Area Plan; and 6. Introduced Ordinance No. 882 approving an amended Development Agreement. PROPOSED PROJECT Ordinance No. 882, now before the City Council for adoption, would authorize the execution of an Amended Development Agreement (DA) between the City and Redwood Equities LLC pursuant to Government Code Sec. 65868, which establishes the benefits and commitments connected with the entitlement to and build out of the SESP Project. The original DA was entered into on December 7, 2010. The Amended DA (included as Exhibit A, Development Agreement to the ordinance) provides for the requirements of the law and includes special conditions providing for the timely funding of infrastructure as well as on -going maintenance and operation of public facilities in the Project area. The following components are a summary of those being revised by the Amended DA: • Sections 2.08 and 4.04 — These sections in the 2010 Development Agreement refer to the Affordable Housing Ordinance and use the acronyms `AFO' and `AHO'. Revisions have been made to correct the acronym to AHO, in all instances. • Section 4.10 — The reference to maintenance of "private alleys" has been replaced with "private driveways." • Section 4.12(C) — This section describes the proposed water storage tank and has been amended to allow for construction and installation of the tank prior to issuance of the 51 st, rather than the 25th, building permit for the first residential unit on the property. The description related to the size of the tank has also been changed from 438,000 gallons to "360,000 gallons or other appropriate size, as determined by City so long as the tank meets the City's minimum storage requirements and is consistent with the EIR, Statement of Overriding Considerations, and MMRP." • Exhibit D: Affordable Housing Plan — As described in the Affordable Housing Plan, the Project proponent proposes to meet the City's Inclusionary Housing Ordinance through the provision of 36 affordable apartment units, 28 duet units, and 8 townhomes. References to 28 duplex units and 8 alley loaded units have been eliminated. • Exhibit E and F- Exhibit E shows the location of the water storage tank and Exhibit F provides the specifications for the water tank. Both exhibits have been updated to reflect the revised tank size and specifications. The Development Agreement includes requirements to pay Developer fees to ensure continued provision of City services without creating a burden on existing residents. The DA also provides for participation in the City's Public Facilities Finance Plan (PFFP), which will fund city -wide facilities. The developer has entered into a series of commitments through the Development Agreement process which has identified funding mechanisms to pay for on -going maintenance costs of certain improvements as well as certain services so that the burden of maintenance will not fall on existing City residents. The Project is also required to fund the annual review of the Development Agreement and for the review of the Mitigation Monitoring Program. 2 ITEM NO. 5.E.2 Formal adoption of a Development Agreement is accomplished by adopting the appropriate ordinance. OPTIONS CONSIDERED: Staff considered not approving the requested amendments to the Southeast Specific Plan and retaining the 2010 approvals. However, this option is not recommended. FISCAL IMPACT /FUNDING SOURCE: None, the applicant /developer pays their own costs to process the application and to develop the property including the required infrastructure. Department Head Approval Date: 11/21/2014 City Manager Approval Date: 11/26/14 City Attorney Approval Date: 11/26/14 Attachments (list in packet assembly order): A. Ordinance No. 882 Exhibit A: Development Agreement 3 ORDINANCE NO. 882 AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND REDWOOD EQUITIES LLC FOR DEVELOPMENT OF THE PROPERTY LOCATED SOUTH OF THE CANON MANOR SPECIFIC PLAN AREA, WEST OF PETALUMA HILL ROAD, AND NORTH OF VALLEY HOUSE DRIVE (APN 047 - 111 -030) WHEREAS, Government Code section 65864, et seq., and Rohnert Park Municipal Code ( "RPMC ") Chapter 17.21 authorize the City of Rohnert Park to enter into development agreements which will provide certainty, definition and commitment to developers as well as to provide for necessary public improvements required by development; and WHEREAS, the City and the applicant entered into that certain "Development Agreement by and Between the City of Rohnert Park and Redwood Equities, LLC," recorded as Document No. 2010114199 in the Official Records of Sonoma County on December 15, 2010 (the "Development Agreement "); and WHEREAS, Government Code section 65868 provides that a development agreement may be amended by mutual consent of the parties to the agreement or their successors in interest; and WHEREAS, the applicant, Redwood Equities LLC, filed Planning Applications proposing a Specific Plan Amendment (PLSP2014- 0003), revised Final Development Plan (PLFD2014- 0001), revised Development Area Plan (PLDP2014- 0001), Tentative Map (PLSD2014- 0008), and amended Development Agreement (PLDA2014- 0005), for the Southeast Specific Plan ( "SESP ") located south of the Canon Manor Specific Plan Area, west of Petaluma Hill Road, and north of Valley House Drive (APN 047 - 111 -030) (the "Property "), in accordance with the RPMC; and WHEREAS, the proposed applications would allow development of the Property, which includes 475 residential units, 10,000 square feet (sf) of commercial uses, and a 5.0 acre park, stormwater detention basin and water storage facility (the "Project "); and WHEREAS, in connection with the Project, Developer and City staff have negotiated an Amendment to Development Agreement ( "Amended Development Agreement ") in accordance with the requirements of Government Code § 65864, et seq., and Chapter 17.2 1, "Development Agreement Procedure," of the Rohnert Park Municipal Code, for the Property. The Amended Development Agreement negotiated by Developer and the City is attached to this Ordinance as Exhibit A; and WHEREAS, the Amended Development Agreement, among other things, sets forth the effective date and term of the agreement; applicable fees; applicable rules, regulations and policies; required infrastructure improvements; affordable housing obligations; prevailing wage rules; provisions on amendments, annual review and default; and other miscellaneous provisions; and WHEREAS, on October 23, 2014, the Planning Commission held a public hearing at which time the Planning Commission reviewed the Amended Development Agreement prepared for the Project and recommended approval by the City Council; and WHEREAS, in 2010, the City Council reviewed and approved the Final EIR prepared for the Project in accordance with CEQA; and has otherwise carried out all requirements for the Project pursuant to CEQA; and WHEREAS, pursuant to California State Law and the RPMC, public hearing notices were mailed to all property owners within an area encompassing a three hundred foot radius of the subject property and a public hearing notice was published for a minimum of 10 days prior to the public hearing in the Community Voice; and WHEREAS, on November 25, 2014, the City Council held a public hearing at which time interested persons had an opportunity to testify either in support or opposition to the Amendment to the Development Agreement; and WHEREAS, the City Council has reviewed and considered the information contained in the Amended Development Agreement. NOW, THEREFORE, the City Council of the City of Rohnert Park does ordain as follows: SECTION 1. Findings. The City Council, in reviewing Planning Application No. PLDA2014 -0005 and the Amended Development Agreement for the Southeast Specific Plan, hereby makes the following findings pursuant to Government code section 65867.5: 1. The proposed Amended Development Agreement was considered at a public hearing Criteria Satisfied. A duly noticed public hearing regarding the Amended Development Agreement was held by the City Council on November 25, 2014, in conformance with the notice provisions of Government Code sections 65090 and 65091 and the requirements of the RPMC section 17.21.030. 2. The provisions of the Amended Development Agreement are consistent with the general plan and any applicable specific plan Criteria Satisfied. The Amended Development Agreement is consistent with the General Plan and would direct the Project's development in an orderly manner that benefits the City. The provisions of the Amended Development Agreement and the Development Agreement require that development comply with the Southeast Specific Plan (Plan). The Plan proposes to meet the goals of the General Plan by providing for a variety of housing types, including low density, medium density, rural estate and mixed use allowing attached housing. The Plan also provides for affordable housing to meet the needs of lower income households. In addition to providing a wide range of housing types that would be consistent with housing goals and objectives of the General Plan, the provisions of the Development Agreement incorporate, implement and are subject to requirements of both the General Plan and Southeast Specific Plan by including a 7.1 -acre park/detention basin site, a 0.3 -acre public facility site, and a mixed use area with approximately 10,000 square feet of commercial building area. The proposed parkland acreage meets the City's requirements for parkland dedication. The Neighborhood Park is proposed to be within 1/4 to '/z mile of all homes within the planning area. Park amenities would include a playground, a dog park, picnic area, basketball half - court, turf play fields, pathways, lighting, and more. Commercial land uses are proposed to encompass business, office, retail shops, residences and may include institutions and service organizations. 3. The provisions of the proposed Amended Development Agreement and the Development Agreement are consistent with Government Code 65867.5(e). Criteria Satisfied. The Development Agreement and the Amended Development Agreement satisfy the requirements of Government Code 65867.5(c), which specifies that a development agreement shall not be approved unless the agreement provides that any tentative map prepared for the subdivision will comply with the provisions of Government Code section 66473.7 (which requires that a sufficient water supply be available for subdivisions). The City prepared a Water Supply Assessment to examine the demands of new development and assess the City's supply sources to meet demand. Based on the City's Water Supply Assessment, it was determined that sufficient sources exist to meet the demands of the City's general plan buildout using a combination of surface water, groundwater and recycled water. The SESP is included in the City's General Plan and, therefore, the City's Water Supply Assessment accounts for increases in the population and use associated with the SESP development. Because the Project is consistent with the prior analysis and sufficient water supply is available for this project, no additional analysis is needed and the Development Agreement and Amended Development Agreement satisfy the requirements of Government Code section 65867.5(c). SECTION 2. Approval of Amended Development Agreement. The City Council hereby approves the Amended Development Agreement in substantially similar form as attached hereto and incorporated herein as Exhibit A. SECTION 3. Compliance with the California Environmental Quality Act. A. On December 7, 2010, the City Council of the City of Rohnert Park certified the Final EIR for this Project, including adoption of associated CEQA Findings, Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program, as described in City Council Resolution No. 2010 -134, approved. B. Further, CEQA Guidelines section 15162 provides that "no subsequent EIR shall be prepared" for a project unless the lead agency determines that (1) "substantial changes are proposed in the project which will require major revisions of the previous EIR "; or (2) "substantial changes occur with respect to the circumstances under which the project is undertaken "; or (3) "new information of substantial importance ... shows" one or more significant effects not discussed in the original EIR, greater severity to previously - identified substantial effects, or newly -found feasible mitigation measures that would substantially reduce significant effects. C. The proposed changes (removal of private alleys, removal of duplexes in favor of duets, minor changes to development plan for lot width, setbacks, etc. and minor changes to specifications for the water tank), are minor and will not result in any substantial changes to the proposed project and no new information of substantial importance shows one or more significant effects or newly found feasible mitigation measures that would substantially reduce significant effects. Accordingly, no subsequent EIR need be prepared. SECTION 4. Compliance with State Law A. The City will act in accordance with the provisions of Government Code sections 65856 and 66006. B. In accordance with Government Code section 65868.5, no later than 10 days after the City enters into the Amended Development Agreement, the City Clerk will record the Amended Development Agreement with the County Recorder. C. In accordance with Government Code section 65865.1 and RPMC Section 17.21.050(A), the City will conduct an annual review of the Amended Development Agreement and the Development Agreement to ensure compliance with its terms. SECTION 5. Severability. The City Council hereby declares that every section, paragraph, sentence, clause and phrase of this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases of this ordinance. SECTION 6. Effective Date. This ordinance shall be in full force and effective 30 days after its adoption, and shall be published and posted as required by law. :, This ordinance was introduced by the Council of the City of Rohnert Park on November 25, 2014, and adopted on December 9, 2014 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ROHNERT PARK Joseph T. Callinan, Mayor ATTEST: JoAnne M. Buergler City Clerk APPROVED AS TO FORM: City Attorney EXHIBIT A DEVELOPMENT AGREEMENT Exhibit A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ( "Amendment ") is entered into as of the day of , 2014, by and among REDWOOD EQUITIES, LLC, a California limited liability company ( "R WE" or "Developer ") and the CITY OF ROHNERT PARK, a California municipal corporation ( "City "). City and Developer are sometimes herein referred to as a "Party" and collectively as "Parties." RECITALS A. The Parties have previously entered into that certain Development Agreement by and among the City of Rohnert Park and Redwood Equities, LLC as of December 7, 2010 and recorded on December 15, 2010, as Instrument No. 2010114199 in the Official Records of Sonoma County ( "Development Agreement "); and B. The Parties now desire to amend the Development Agreement for the purposes of (1) accurately referring to the City's Affordable Housing Ordinance (sections 2.08 and 4.04 of the Development Agreement); (2) removing references to "alleys" and "private alleys" (section 4.10), as the Parties no longer wish to include those improvement within the scope of improvements covered by the Financing Mechanisms set forth in section 4.10; and (3) revising the specifications for the water tank (section 4.12(c)) in a way that will not result in any new significant impacts not addressed in the EIR. AGREEMENT NOW, THEREFORE, in consideration of the promises, covenants and provisions set forth herein, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: 1. Defined Terms. All capitalized terms used and not otherwise defined in the Amendment shall have the same meaning in this Amendment as in the Development Agreement. 2. Amendment of Development Agreement. The Development Agreement is amended as follows: a. Section 2.08 of the Development Agreement is hereby amended to read in its entirety as follows: "Section 2.08 Project Integration. The parties intend that the Property be developed as a single, integrated Project, however, it may be constructed in phases as set forth in paragraph 3.03. Accordingly, this Agreement includes requirements for compliance with a valid, current AHO. Such compliance could include compliance with the current AHO, or any modified or superseded AHO, as determined solely by RWE. This compliance may include: (i) integrated, phased development of the Affordable Units LA #4814 - 3584 -2846 v6 and the on- and off -site public improvements throughout the Project; (ii) limitations on the number of building permits and certificates of occupancy that will be issued to RWE prior to the completion of the Affordable Units and the completion of and dedication to City of various on- and off -site public improvements; (iii) payment of an in -lieu fee if allowed by law; (iv) any other mechanism allowed by the current Affordable Housing Ordinance, any valid modifications thereto or a valid successor ordinance. RWE acknowledges and agrees that (a) the on- and off -site public improvements to be constructed in connection with the Project are intended to serve and benefit the Property, (b) the Affordable Units or compliance with a valid AHO and, if required, the construction of on- and off -site public improvements are vital and integral components of the overall Project, and (c) Developer's obligations with respect to a valid AHO and on- and off -site public improvements are material consideration for the agreements of City hereunder. In the event that RWE does not construct any dwelling units at all within the Project as contemplated by this Agreement during the Term, RWE shall have no obligation to construct any Affordable Units, comply with an AHO, comply with the Affordable Housing Plan attached as Exhibit D or pay an affordable housing in -lieu fee." b. Section 4.04 of the Development Agreement is hereby amended to read its entirety as follows: "Section 4.04 In -Lieu Housing Fee. In the event the City adopts an AHO with an in -lieu housing fee policy that may apply to the Project, Developer shall either comply with the modified Affordable Housing Ordinance and /or may in its sole discretion decide to pay the in -lieu fee in accordance with any subsequently adopted AHO without any further obligation to construct any affordable units." C. Section 4.10 is hereby amended to read in its entirety as follows: "Section 4.10 Financing Mechanisms for Private Improvements. Prior to approval of any final map within the Project, Developer shall prepare and submit to the City Manager or the Manager's designee for review and approval a plan, that may include establishment of property owner and homeowner associations, to ensure payment of the on -going costs of operation, maintenance, repair and replacement of all private open space, private recreation and private parks, private landscaped areas, private driveways, and all water quality detention basins and facilities included within such final map. In proposing a particular plan to City, Developer shall demonstrate to the satisfaction of City Manager or his or her LA #4814 - 3584 -2846 v6 2 designee that funding of such on -going costs is economically sound and feasible; approval of the mechanism for funding such ongoing costs by the California Department of Real Estate shall create a presumption that such funding mechanism is economically sound and reasonable. Following City's acceptance, City shall be responsible for maintaining, operating, repairing and replacing, as necessary, the water quality detention basins and facilities, and the property owner and homeowner associations (and not City) shall be solely responsible for bearing all costs in connection with such City maintenance, operation, repair and replacement. City shall be named as an express third party beneficiary under all property owner and homeowner association documents with the right to independently enforce such associations' obligation to pay all costs of maintaining, operating and repairing the water quality detention basins and facilities. The form of Developer's homeowner and property owner association documents, including conditions, covenants and restrictions, shall be subject to review and approval by the City Attorney." d. Section 4.12(C) is hereby amended to read in its entirety as follows: "C. Water Storage Tank. Prior to issuance of the fifty -first (51St) building permit for the first residential unit on the property, Developer shall construct and install a water storage tank that will store 360,000 gallons of water, or other appropriate size, as determined by City so long as the tank meets the City's minimum storage requirements and is consistent with the EIR, Statement of Overriding Considerations, and MMRP. The location of the water storage tank is set forth in Exhibit E and the specifications for the water tank are set forth in Exhibit F. Developer and City may revise Exhibits E and F without formally amending this Development Agreement, so long as any revisions are consistent with the EIR, Statement of Overriding Considerations, and MMRP and comply with all applicable laws, regulations and City requirements. The water storage tank shall comply with all standards set forth in the California Building Code in effect at the time the tank is constructed. Developer shall dedicate the water storage tank to City upon its completion. e. Exhibits D, E and F: Are superseded and replaced by the revised Exhibits D, E and F (each marked "REVISED ") attached to this Amendment. 3. Effect of Amendment. Except to the extent the Development Agreement is modified by this Amendment, the remaining terms and provisions of the Development Agreement shall remain unmodified and in full force and effect. In the event of a conflict between the terms of the Development Agreement and the terms of this Amendment, the terms of this Amendment shall prevail. LA #4814 - 3584 -2846 v6 4. Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Amendment. 5. Recordation of Amendment to Development Agreement. Pursuant to Section 10.08 of the Development Agreement and California Government Code § 65868.5, no later than ten (10) days after City enters into this Amendment, the City Clerk shall record an executed copy of this Amendment in the Official Records of the County of Sonoma. [SIGNATURES ARE ON FOLLOWING PAGE/ LA #4814 - 3584 -2846 v6 4 IN WITNESS WHEREOF, this Amendment has been entered into by and between Developer and City as of the day and year first above written. Approved as to Form: By: City Attorney Attest: By: City Clerk CITY: City of Rohnert Park, a California municipal corporation Mayor Date Signed: DEVELOPER: Redwood Equities, LLC, a California limited liability company By: Title: LA #4814 - 3584 -2846 v6 5 NOTARY ACKNOWLEDGMENTS STATE OF CALIFORNIA ) ss. COUNTY OF ) On , before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument; and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (seal) STATE OF CALIFORNIA ) ss. COUNTY OF 1 On , before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument; and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (seal) LA #4814 - 3584 -2846 v6 6 REVISED EXHIBIT D AFFORDABLE HOUSING PLAN I. INTRODUCTION The Southeast Specific Plan and accompanying Development Agreement meet the City of Rohnert Park's inclusionary housing requirement. Under the proposed Development Agreement and Specific Plan, the project will provide Low and Very Low income housing (as such terms are defined in Section 17.07.020(N)(2) of the City's Municipal Code) as rental housing, and will provide affordable owner - occupied housing. As depicted in the Specific Plan and Final Development Plan, a total of 72 Affordable Units are included in the Project as follows: 36 apartment units in one apartment complex (Affordable Apartment Complex); 28 Duet Units; and 8 Townhome Units. Unless otherwise defined herein, capitalized terms contained in this Affordable Housing Plan shall have the meaning given to such terms in the Development Agreement. II. PAYMENT OF IN -LIEU FEE As is set forth in the Development Agreement, if the City adopts an applicable in -lieu housing fee, or otherwise modifies the affordable housing provisions of its Municipal Code, the Developer may elect to pay the in -lieu fee or comply with the revised code requirements. If Developer elects to pay the in -lieu fee for all 72 of the required Affordable Units, then the Developer shall prepare a document rescinding the Affordable Housing Plan in a form approved by the City Attorney which the City will approve and record. III. AFFORDABLE APARTMENT COMPLEX A. Obligation to Construct The Developer shall either (1) construct the Affordable Apartment Complex in accordance with plans and specifications approved by the City, or (2) donate land within the Project, to one or more non - profit housing developers in place of actual construction. Prior to donating the land to the non - profit, the land must be appropriately zoned, buildable, free of toxic substances and contaminated soils. Prior to donating this land to the non - profit, the Developer shall ensure that the lots are fully improved with infrastructure, adjacent utilities, completed grading, all applicable fees have been paid, and compliance with all applicable conditions of approval and mitigation measures. The non -profit to whom the Developer donates the land shall have a minimum of five years' experience in development, ownership, operation, and management of similar sized affordable rental housing projects, and shall demonstrate that it has the capacity to construct and operate the affordable housing apartment complex. REVISED The Affordable Apartment Complex will be constructed on parcel "D" located at the corner of Bodway Parkway and Valley House Drive. The Parties acknowledge that parcel "D" is expected to be adequate to accommodate the Affordable Housing Complex, subject to formal site plan review by the City and confirmation by the City that the Affordable Housing Complex complies with the Specific Plan, the Project Approvals and Applicable Law. Irrespective of who constructs the Affordable Apartment Complex, construction shall be completed no later than the market -rate units that are part of the Project. In recognition of the fact that Developer may phase construction of the market -rate or commercial units, for purposes of this Affordable Housing Plan, the phrase "completed no later than market -rate units" shall mean no later than the City's issuance of a building permit for the 225th market -rate residential unit. The Developer shall provide in its transfer documents donating land within the Project to a non - profit housing developer for a reversion in fee to Developer of the land upon which the Affordable Apartment Complex is to be constructed if the Affordable Apartment Complex has not been constructed as required by this Affordable Housing Plan. If the non - profit housing developer has not completed construction of the Affordable Apartment Complex as set forth in this Affordable Housing Plan, then the Developer will be required to complete construction of the Affordable Apartment Complex itself. Developer shall do so at Developer's sole expense, and Developer shall complete construction of the Affordable Apartment Complex no later than issuance of the building permit for the 290th market -rate unit. City shall not be obligated to issue any additional building permits beyond the 290th building permit until the Affordable Apartment Complex is satisfactorily completed, as evidenced by a final certificate of occupancy, according to the terms of the Agreement and this Affordable Housing Plan. B. Affordability The Affordable Apartment Complex shall consist of 36 Affordable Units. Fifty percent (50 %) of these units, or 18 apartments, shall be rented to Very Low Income Households at an Affordable Rent. The remaining fifty percent (50 %), or 18 of the apartments, shall be rented to Low Income Households at an Affordable Rent as defined by the Rohnert Park Municipal Code. C. Affordable Housing Agreement Affordable rental properties shall be restricted for 55 years and owner - occupied affordable housing units shall be restricted for 45 years as is required by the Rohnert Park Municipal Code. In order to ensure that these affordability restrictions remain in place, the Developer or the non - profit to whom the Developer donates land, shall enter into an Affordable Housing Agreement with the City in a form and content acceptable to the City Attorney. The Affordable Housing Agreement shall be recorded against the Affordable Apartment Complex parcel or project site prior to the issuance of the building permit for the 100th market rate residential unit. The Affordable Housing Agreement shall include at least the following terms: 1 . The requirement to construct the Affordable Apartment Complex in accordance with this Affordable Housing Plan. REVISED 2. Provisions restricting the rental of the Affordable Apartments to low and very Low Income Households at an Affordable Rent as defined by the Rohnert Park Municipal Code for 55 years. 3. Non - discrimination covenants. 4. Annual certification requirements for the lease of the rental units. 5. The submission of certificates of continuing program compliance to the City at least once a year. 6. Restrictions on the ability to transfer the Affordable Apartment Complex. 7. Maintenance and management requests, including identifying the City's remedies following notice and opportunity to cure. 8. A marketing plan for the Affordable Apartments, including any preference programs. D. Ouality Standards The Affordable Apartment Complex shall comply with the construction and aesthetic standards set forth in Rohnert Park Municipal Code Section 17.07.020, Footnote (N), subsection 9. Specifically, the Affordable Units shall be comparable in number of bedrooms, exterior appearance, and overall quality of construction to the market -rate units in the same project. With prior approval from the City Manager, the Affordable Units may have different square footage or interior features from the market -rate units in the Project so long as the interior features are still of good quality and are consistent with contemporary standards for housing. In its approval of the Development Agreement for this Project, the City specifically approves and authorizes the clustering of the 36 affordable apartment units in the Project. E. Marketing /Implementation Developer or its designated affordable housing developer shall prepare and implement a marketing and implementation plan for the rental of the Affordable Apartments. The plan must be in a form and content reasonably acceptable to the City and include, among other things, the following: I. A plan to market the Affordable Apartments to eligible households. 2. Procedures for the rental of the Affordable Apartments, including the slotting of applications and creation of a waiting list, eligibility determination, income certification, and annual re- certifications. REVISED IV. DUET UNITS AND TOWNHOME UNITS A. Obligation to Construct Developer shall construct 28 affordable Duet Units and 8 affordable Townhome Units on the sites depicted in and in accordance with the Specific Plan and Final Development Plan as well as all plans and specifications as approved by the City. Construction shall be completed, as evidenced by a final certificate of occupancy, concurrently with the related market -rate units according to the Project phasing plan and phasing map as reviewed and approved by the City and as included in the Final Development Plan. B. Affordability The 28 affordable Duet Units and 8 affordable Townhome Units shall be used either as rental housing or owner - occupied housing, subject to the following requirements: 1. If operated as rental housing, fifty percent (50 %) of the Affordable Units shall be rented to Very-Low income households at an Affordable Rent. The remaining fifty (50 %) of the Affordable Units shall be rented to Low - income households at an Affordable Rent. 2. If sold as owner - occupied housing, fifty (50 %) of the Affordable Units shall be sold to Low Income households at an Affordable Sales Price. The remaining fifty percent (50 %) of the Affordable Units shall be sold to Moderate income households at an Affordable Sales Price. C. Affordable Housing Agreement Concurrent with recordation of the final map for each tract in which affordable housing sites have been designated, Developer shall record an Affordable Housing Agreement containing covenants against any parcel on which Affordable Units are proposed to be constructed. The covenants containing the affordability restrictions for the Affordable Units shall remain in place for a minimum of fifty -five (55) years (for rental housing) or forty -five (45) years (for owner- occupied housing). Among other things, the Affordable Housing Agreement shall include the following terms: If the Affordable Housing Unit(s) is /are operated as rental housing: 1. The requirement to construct the Affordable Units as provided herein; 2. Provisions restricting the rental of Affordable Units to low- and very low - income households at an affordable rent for a period of fifty -five (55) years; 3. Non - discrimination covenants; REVISED 4. Provisions requiring income certification before the lease of any Affordable Units and recertification every year thereafter; 5. Provisions requiring the submittal of certificates of continuing program compliance to the City on at least an annual basis; 6. Restrictions on the ability to transfer the Affordable Units; 7. Maintenance and management requirements, including City remedies following notice and opportunity to cure; 8. Provisions regarding the marketing of the Affordable Units. If the Affordable HousinE Unit(s) is /are sold as owner - occupied housing: 1. The requirement to construct the Affordable !- lousing Unit(s) as provided herein; 2. Provisions restricting the sale of the Affordable Units to Low and Moderate - income households at an Affordable Sales Price for a period of forty -five (45) years; 3. Non - discrimination covenants; 4. Provisions requiring income certification before the sale of any Affordable Units; 5. Restrictions on the ability to transfer the Affordable Units; 6. The phasing plan already submitted to the City that indicates the location and unit size of each Affordable Unit, and the timing of the construction of the Affordable Units in relation to the market rate units; 7. Provisions requiring homebuyers to execute and record, as appropriate, resale and refinance restrictions, disclosure statements and a performance deed of trust; and 8. A form of Resale and Refinance Restriction Agreement that includes, among other things, provisions requiring that the Affordable Unit be sold to a Low or Moderate - income household at an Affordable Sales Price for a period of forty -five (45) years, refinance limitations, provisions prohibiting the rental of the Affordable Unit, and an option to purchase at an Affordable Sales Price in favor of City the event of a default by the owner. D. Quality Standards The Affordable Units shall comply with the construction and aesthetic standards set forth REVISED in Rohnert Park Municipal Code Section 17.07.020, Footnote (N), subsection 9. Specifically, the Affordable Units shall be comparable in number of bedrooms, exterior appearance, and overall quality of construction to the market -rate units in the same Project. With prior approval from the City Manager, the Affordable Units may have different square footage or interior features from the market -rate units in the Project so long as the interior features are still of good quality and are consistent with contemporary standards for housing. The Affordable Units shall be dispersed throughout their respective phase. E. Marketing /Implementation Developer shall prepare and implement a marketing and implementation plan for the Affordable Units. The plan must be in a form and content reasonably acceptable to the City and include, among other things, the following: I. A plan to market the Affordable Units to eligible households. 2. Procedures for the rental or sale of the Affordable Units, including the slotting of applications and creation of a waiting list, eligibility determination, income certification, and annual re- certifications. V. COMPLIANCE MONTORING Commencing one year after the Effective Date and every year through the Term, the Developer shall submit an annual implementation plan to the City summarizing the status of compliance with the Affordable Housing Plan, including status of construction and sale or rental of the Affordable Units. At the time of submission of the information required by this section, Developer shall submit the required Processing Fees to cover City's costs to review and monitor Developer's compliance with the Affordable Housing Plan. VI. DEVELOPER'S OBLIGATION The obligations set forth in the Affordable Housing Plan are the obligation of Developer, who shall be responsible for fulfilling them at Developer's sole cost and expense. Neither the City nor the Rohnert Park Community Development Agency will have any obligation to assist in the development of any of the Affordable Units or Second Units. The Developer shall provide any and all subsidies necessary to construct the Affordable Units and to comply with all provisions of the Affordable Housing Plan. VII. PRIORITY The Affordable Housing Agreement described above shall be superior to any mortgage, deed of trust, lien, or other encumbrances (other than the lien for current taxes or assessments not yet due) recorded against the Property, and shall be enforceable against any party who has acquired its title by foreclosure, trustee's sale, voluntary conveyance, or otherwise. If so requested by the City, the Developer or its successor shall execute and agree to the recording of a subordination agreement evidencing the provisions of this Section VIII. REVISED VIII. ADJUSTMENT The Developer may seek a reduction, adjustment, or waiver of these Affordable Housing requirements as is set forth in Rohnert Park Municipal Code Section 17.07.020, footnote (N), subsection 15. REVISED EXHIBIT E Water Storage Facility Exhibit E REVISED SUlYrTIF—A.S'r SPECIFIC PLAN AREA WATER TANK SITE SEFrEMBER 2014 BrA ! & Race F-T wn F- y y \WAY VALDFLOMER SCALE II•l 7EET 20 Ft SUlYrTIF—A.S'r SPECIFIC PLAN AREA WATER TANK SITE SEFrEMBER 2014 BrA ! & Race REVISED EXHIBIT F Water Storage Facility Specifications Exhibit F REVISED The Tank shall be a minimum size of 0.370 million gallons and provide stored potable water to meet the following requirements: Tank equalization (25% of Maximum Day demand), Emergency Reserve (Average Day demand) and Fire reserve (1,500 gpm for 2 hours - commercial). The Tank shall be a welded steel tank conforming to AWWA D I00 -05 WELDED CARBON STEEL TANKS FOR WATER STORAGE. All appurtenances shall meet City Standards and AWWA standards. All designs and improvements shall be to the satisfaction of the City Engineer and the State Water Board's Drinking Water Program. A minimum of 12 foot clear shall be provided around the tank at all points. This area shall be paved. The Tank shall be entirely above ground. Interior coating systems shall be three coat polyamide epoxy coating system that is certified in accordance with NSF /ANSI 61 for contact with potable water in water storage tanks of the size being coated. The coating system shall be suitable for application in three even coats of 3 -5 mils dry film thickness (DFT), for a total minimum of 9 mils DFT, or better coating system as approved by the City Engineer. A cathodic protection system shall be incorporated into the tank. Pressurizing pumps shall have sufficient back -up such that .the largest pump can be out of service and all flow and pressure requirements can be met. Pumps shall be high efficiency. Motors shall be high efficiency variable speed motors. All above ground piping shall be ductile iron, unless an alternative material is approved by the City Engineer. The pump for the tank shall have emergency back -up power, a generator. All mechanical equipment shall be enclosed in a building. The site shall be fenced to a height of 8 feet. Fencing shall be commercial galvanized vinyl coated chain link or other fencing as approved by the City. Mission Statement "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow. " CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: December 9, 2014 Department: Administration Submitted By: JoAnne Buergler, City Clerk Prepared By: Carrie Willis, Administrative Assistant Item No. 5.17 Agenda Title: Re- appointment of Paul Libeu -to Serve as the Rohnert Park Citizen Representative on the Board of Trustees for the Marin/Sonoma Mosquito & Vector Control District for a Two -year Term to Expire December 31, 2016 RECOMMENDED ACTION: Council consideration of a mayoral nomination and appointment of candidate Paul Libeu to represent our District's Board of Trustees for the Marin/Sonoma Mosquito and Vector Control District for a two (2) year term which expires on December 31, 2016. BACKGROUND: Marin /Sonoma Mosquito and Vector Control District The current term of Paul Libeu, the representative to our District's Board of Trustees, expires December 31, 2014. Representation to the Board is no longer mandated {Health and Safety Code SB 1588, Article 3, Section 2022 (d)}, however Rohnert Park has chosen to have a representative for over a decade. Cotati, Windsor, Healdsburg, Santa Rosa, Sebastopol, Sonoma, and Petaluma also have a representative. The intent of the Legislature is that persons appointed to the Board of Trustees have experience, training, and education in fields that will assist in the governance of the District. Vacancy date Reason for vacancy Nomination by 12/31/2014 Expired term Mayor On October 29, 2014 the Marin/Sonoma Mosquito & Vector Control District notified the city clerk's office that the current term of Paul Libeu expires on December 31, 2014. On October 28, 2014 a Request for Reappointment form was received from Paul Libeu by the city clerk's office requesting a two (2) year appointment and is attached to this report for consideration. On November 18, 2014 the city clerk's office posted and circulated a Notice of Vacancy for the Marin/Sonoma Mosquito and Vector Control District. No additional application/fact sheets were received. OPTIONS CONSIDERED: Decline representation to the Board. Department Head Approval Date: 12/2/2014 City Manager Approval Date: 12/3/2014 City Attorney Approval Date: N/A Attachments: Item No. 5.17 1. Letter from Sonoma/Marin Mosquito and Vector Control District 2. Request for Reappointment form — Paul Libeu 2 ITEM NO. 5.G Mission Statement SUPPLEMENTAL ITEM "We Care for Our Residents by Working Together to Build t ITEM NO. Better Community for Today and Tomorrow. " CC MEETING DATE: CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: December 9, 2014 Department: Administration Submitted By: Don Schwartz, Assistant City Manager Prepared By: Don Schwartz, Assistant City Manager Agenda Title: Authorize staff to send a letter from the Mayor in support of Child Parent Institute's grant application for mental health services for students and families in the Cotati - Rohnert Park Unified School District RECOMMENDED ACTION: Authorize staff to send a letter from the Mayor in support of Child Parent Institute's (CPI) grant application for the Raising Successful Kids Programs for students and families in the Cotati - Rohnert Park Unified School District, and adopt a resolution endorsing and supporting the application. BACKGROUND: The Sonoma County Community Development Commission (CDC) annually makes grants available to community -based organizations for health and human services. City staff, in collaboration with the School District and the Child Parent Institute (a local provider of mental health services to families) has identified the need for mental health assessment and treatment and for parent education as one of the highest needs for health services in the community. The grant application process requires the endorsement of the local jurisdiction in which the services will be provided. Staff learned after publication of the meeting agenda that this endorsement requires a resolution, which is why adopting a resolution is part of the recommended action along with approving the letter of support. The Child Parent Institute is submitting a grant application to the County CDC to initiate the Raising Successful Kids Program. The application is for $350,000 to provide three years of funding. The program will focus initially on high -need elementary and middle schools in Rohnert Park and be expandable to other schools. The proposal points to a partnership established with both the City of Rohnert Park and the Cotati - Rohnert Park School District to design services that are community- focused, emphasize the strengths in families, culturally - sensitive, and have demonstrated success. This program builds on CPI's extensive experience providing mental health services to Sonoma County children, serving at -risk families with parent education and coaching, and supporting families facing overwhelming life challenges with resource assistance using a case management model. The Raising Successful Kids Program participants will be referred by school teachers and administrators. Program staff will come into the schools to meet with the children and their parents and assess their needs. Mental health sessions for participating students will be ITEM NO. 5.G conducted on the school premises whenever possible, which represents ideal accessibility. When desired, parent education and coaching will be provided to the parents in their homes, a model which CPI has been using for years with extremely high rates of success. If needed, resource assistance can be provided at the CPI Family Resource Center, located on the grounds of the Technical Middle School, and can include a broad range of support services, from short-term emergency assistance with food, rent, or utility bill assistance to referrals for health insurance coverage or care, to assistance with household budget making and with filling out job applications. Raising Successful Kids utilizes the best practice of providing wrap- around family services to students with significant mental health needs. Great need exists in Rohnert Park for Raising Successful Kids and programs like it. The Sonoma County Human Services Department reported that Rohnert Park has the third highest number of child abuse allegations in the County, both in absolute terms (137 allegations made in 2012) and in allegations per 1,000 children (16.0). According to this year's Portrait of Sonoma County, Section A of Rohnert Park has a Human Development Index of 3.75, significantly below the County Index of 5.42, the state Index of 5.39, and the national Index of 5.07. This means that, on average, residents of Section A have a lower median income, lower level of education, and shorter life expectancy. The three schools to first host the Program are located in the A and B sections: John Reed Primary School, Waldo Rohnert Primary School, and Technical Middle School. The staff of the three schools have relayed many cases of children who exhibit great need for more support and mental health therapy in order to succeed in school and later life. These schools are ideal springboards for the Raising Successful Kids Program to expand to all Rohnert Park elementary and middle schools, and later to be offered throughout Sonoma County. There are no impacts of this request on City services or finances. The City is not funding the program; it is endorsing an application for the Sonoma County Community Development Commission to fund the program. Department Head Approval Date: N/A City Manager Approval Date: 12/9/14 City Attorney Approval Date: N/A Attachments (list in packet assembly order): 1. Resolution of Support 2. Letter of Support N RESOLUTION NO. 2014 -186 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK SUPPORTING A GRANT APPLICATION FROM THE CHILD PARENT INSTITUTE TO INITIATE THE RAISING SUCCESSFUL KIDS PROGRAM IN THE COTATI- ROHNERT PARK UNIFIED SCHOOL DISTRICT WHEREAS; the Portrait of Sonoma report issued by the Sonoma County Department of Health Services found that some areas in Rohnert Park, particularly the A and B sections, have a significantly lower ranking on the Human Development Index than other parts of the City and Sonoma County; and WHEREAS, many of the families in the A and B sections face significant socio- economic stresses that can be addressed with programs such as Raising Successful Kids that serves at -risk families with parent education and coaching, and supports families facing overwhelming life challenges with resource assistance using a case management model; and WHEREAS, the Child Parent Institute can offer the Raising Successful Kids program in collaboration with local schools in the Rohnert Park - Cotati area with funding support; and Sonoma County through the Community Development Commission has funds available on a competitive basis which could provide the needed funding support. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby endorse and support an application by the Child Parent Institute for funding support from Sonoma County and the County's Community Development Commission for the Raising Successful Kids Program. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 91h day of December, 2014. CITY OF ROHNERT PARK Joseph T. Callinan, Mayor ATTEST: JoAnne M. Buergler, City Clerk BELFORTE: MACKENZIE: STAFFORD: AHANOTU: CALLINAN: AYES:( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) City Council Joseph T. Callinan Mayor Amy 0. Ahanotu Vice Mayor Gina Belforte Jake Mackenzie Pam Stafford Council Members December 9, 2014 Community Development Committee c/o Kathleen Kane, Executive Director Sonoma County Community Development Commission 1440 Guerneville Road Santa Rosa, CA 95403 RE: Letter Supporting Child Parent Institute's Grant Application for Raising Successful Kids Program Dear Community Development Committee, Please receive this letter and the attached resolution adopted by the City of Darrin Rohnert Park in support of the Child Parent Institute's application for City Manager Jenkins funding to initiate the Raising Successful Kids Program in Cotati and City Rohnert Park. Don Schwartz Assistant City Manager This grant application addresses the need for support for families and Michelle Marchetta Kenyon children facing significant socio- economic stress via a collaborative effort CityAttorney with CPI, the Cotati Rohnert Park School District, and the City. It focuses initially on Rohnert Park's A and B sections, identified in the Portrait of Alexandra M. Barnhill Sonoma as among the lowest scoring in the County on the Human Assistant City Attorney Development Index. While the need is substantial, there is a lack of JoAnne Buergler services in this area. For example, there is not yet a community health City Clerk center, and the schools do not have the funding for these services that is available elsewhere in the County. Betsy Howze Finance Director We appreciate your consideration of the Child Parent Institute's grant Brian Masterson request. Director of Public Safety John McArthur Sincerely, Director of Public Works and Community Services Victoria Perrault Human Resources Director Joseph T. Callinan Mayor Marilyn Ponton Director of Development Services 130 Avram Avenue • Rohnert Park CA • 94928 • (707) 588 -2226 • Fax (707) 792 -1876 www.rpcity.org �ISo�a� 4cr R 595 Helman Lane Cotati, CA 94931 1.800.231.3236 or 707.285.2200 707.285.2210 fax www.msmosquito.com Philip D. Smith District Manager BOARD OF TRUSTEES Nancy Barnard, President Corte Madera Yvonne Van Dyke, Vice President Cotati Lee Braun, Secretary Belvedere Martin Castro, Treasurer Windsor Tamara Davis Sonoma County At Large Richard Stabler Sonoma County At Large Una Glass Sebastopol Paul Libeu RohnertPark Steve Ayala Petaluma Shaun McCaffery Healdsburg Charles Bouey Sonoma Bill Pitcher Santa Rosa Kerry McGrath Marin County At Large Ed Schulze Marin County At Large Tom Bradner Larkspur Sandra Ross Mill Valley Frank Egger Fairfax Judith Trusendi San Rafael Herb Rowland Jr. Novato Phil Paisley Ross William Holland San Anselmo October 29, 2014 City of Rohnert Park Attn: City Clerk 130 Avram Ave. Rohnert Park, CA. 94928 Dear City Clerk: The current term of Paul Libeu, the Rohnert Park representative to our District's Board of Trustees, expires December 31, 2014. While it is no longer mandated that you appoint a representative to our Board {Health and Safety Code SB 1588, Article 3, Section 2022 (d)), it is the intent of the Legislature that persons appointed to Boards of Trustees have experience, training, and education in fields that will assist in the governance of the District. The following information is sent to assist your elected officials in the appointment process. California Health and Safety Code SB 1588 Section 2022 (a) Each person appointed by a board of supervisors to be a member of a board of trustees shall be a voter in that county and a resident of that portion of the county that is within the district. Section 2024 (a) The term of office for a member of the board of trustees shall be for a term of two (2) or four (4) years at the discretion of the appointing authority. If you have any questions please feel free to contact me at (707) 285 -2200. Thank you for your prompt consideration of this matter. Respectfully, Dawn Williams Confidential Administrative Assistant RECEIVED N° ' • :� City of Rohnert Park 2014 OCT 8 8 2014 rig Request for Reappointment A'!Y OF ROHNERT PARK rlA) lS a/1/� kv, Name of Commission /Committee /Board �AJ �� v'kt�, a,,,A VD c +py C04AV,, 1 tc T-r,,t Full Name pc&L4L l RW�N Lt1jeck Residence Address (Physical Address, not PO) Home Phone Email Employer Job Title /Position Please list community groups or organizations you are affiliated with and list any offices held. P, ��N #v& OrA &- V -eA `Vo 43- Cell Phone Employed Since Work Phone ( j buwV/3.1, &Itre. Aioc: LA-If ��/'c�lj: < << ���v�l Mist I'r� r � r 8- ft_� '5' 0I CI,r.I,,' � �. -� fit. t [ r,�.�•n.•rf# :5+601 Sv N Jul L e w !V�l [ "� %�``�� �"k, y UO3 t v .R.e t�'� r pa Additional Comments L) a y (c) /Cay , G I`-G 161 �j/ l y rr c p 0 wti4A I 130 Avram Avenue • Rohnert Park CA • 94928 • (707) 588 -2226 • Fax (707) 792 -1876 Ma.rodtv.ora k ITEM NO. 6 Mission Statement "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow. " CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Meeting Date: December 9, 2014 Department: Administration Submitted By: Darrin Jenkins, City Manager Prepared By: Don Schwartz, Assistant City Manager Agenda Title: Adopt Ordinance Authorizing the Implementation of a Community Choice Aggregation Program, Approve Resolution Requesting Sonoma Clean Power to Act as Community Choice Aggregator on Behalf of the City of Rohnert Park, and Consider Filing Notice of Exemption from CEQA Regarding Participation in Sonoma Clean Power. RECOMMENDED ACTION: Staff recommends that the City Council adopt an ordinance authorizing the City to implement a Community Choice Aggregation program, approve a resolution requesting that Sonoma Clean Power act as the Community Choice Aggregator for the City of Rohnert Park, and file a notice of exemption from CEQA regarding participation in Sonoma Clean Power. BACKGROUND: On November 25, 2014 the City Council approved joining Sonoma Clean Power. The Council also appointed the Assistant City Manager as the City's representative to the Sonoma Clean Power Board of Directors, and Council Member Stafford as the alternate representative. To finalize that action, the Council needs to formally adopt the corresponding ordinance and resolution. Because the Council's vote to join Sonoma Clean Power was 3 -2 and thus not unanimous, this item needs to be considered as part of the Council's regular agenda rather than consent calendar. IMPLEMENTATION: Upon final adoption of the ordinance and resolution, Rohnert Park will have a seat on the Sonoma Clean Power Board of Directors at their January 8, 2015 meeting. Sonoma Clean Power will start serving Rohnert Park customers in the summer of 2015. ENVIRONMENTAL REVIEW For the reasons discussed in the City Council's November 25, 2014 Agenda Report on this matter, it can be seen with certainty that there is no possibility that the City's participation in Sonoma Clean Power would cause significant environmental impacts, and thus the decision to ITEM NO. 6 participate in Sonoma Clean Power is exempt review under CEQA. (14 Cal. Code Regs. § 15061(b)(3).) Accordingly, staff recommends filing Notices of Exemption from CEQA related to both the ordinance authorizing the implementation of a Community Choice Aggregation program and the resolution requesting that the Sonoma Clean Power Authority act as the Community Choice Aggregator on behalf of the City of Rohnert Park. Department Head Approval Date: N/A City Manager Approval Date: December 2, 2014 City Attorney Approval Date: December 1, 2014 Attachments (list in packet assembly order): 1. Ordinance Authorizing The Implementation Of A Community Choice Aggregation Program 2. Resolution Requesting That The Sonoma Clean Power Authority Act As A Community Choice Aggregator On Behalf Of The City Of Rohnert Park And Implement The Sonoma Clean Power Community Choice Aggregation Program Within The City Of Rohnert Park 2 ORDINANCE NO. 883 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM WHEREAS, the City of Rohnert Park has investigated options to provide electric services to customers within the City, with the intent of achieving greater local control and involvement over the provision of electric services, competitive electric rates, the development of clean, local renewable energy projects, reduced greenhouse gas emissions, and the wider implementation of energy conservation and efficiency projects and programs; and WHEREAS, the Sonoma County Water Agency prepared a Feasibility Study and a draft Implementation Plan for a community choice aggregation ( "CCA ") program in Sonoma County under the provisions of Public Utilities Code section 366.2. The Feasibility Study and Implementation Plan show that implementing a community choice aggregation program would provide multiple benefits, including: • Providing customers a choice of power providers; • Increasing local control and involvement in and collaboration on energy rates and other energy - related matters; • Providing more stable long -term electric rates that are competitive with those provided by the incumbent utility; • Reducing greenhouse gas emissions arising from electricity use within Sonoma County; • Increasing local renewable generation capacity; • Increasing energy conservation and efficiency projects and programs; • Increasing regional energy self - sufficiency; • Improving the local economy resulting from the implementation of local renewable energy and energy conservation and efficiency projects; and WHEREAS, on December 4, 2012, the County of Sonoma and the Sonoma County Water Agency approved a Joint Powers Agreement creating the Sonoma Clean Power Authority ( "Authority "). Under the Joint Powers Agreement, cities and towns within Sonoma County may participate in the Sonoma Clean Power CCA program by adopting the resolution and ordinance required by Public Utilities Code section 366.2. Cities and towns choosing to participate in the CCA program will have membership on the Board of Directors of the Authority as provided in the Joint Powers Agreement. The Town of Windsor and the Cities of Cotati, Sonoma, Sebastopol, Cloverdale, and Santa Rosa have also adopted the ordinance and resolution required by Public Utilities Code section 366.2, and are now participants in the Sonoma Clean Power CCA program; and WHEREAS, the Authority has entered into agreements with electric power suppliers and other service providers, and based upon those agreements the Authority is able to provide power to residents and businesses at rates that are competitive with those of the incumbent utility ( "PG &E "). The California Public Utilities Commission approved the Implementation Plan for the Sonoma County CCA program ( "Implementation Plan "), and on May 1, 2014, the Authority began providing service to customers within the unincorporated area of Sonoma County and within the jurisdiction of those cities who have chosen to participate in the CCA program; and WHEREAS, under Public Utilities Code section 366.2, customers have the right to opt -out of a CCA program and continue to receive service from the incumbent utility. Customers who wish to continue to receive service from the incumbent utility will be able to do so; and WHEREAS, the population of the City of Rohnert Park is 40,971 according to the 2010 census and its consumption of power extremely small in comparison to the amount of energy consumed by PG &E's customer base (0.25 %), the consumption of power by Sonoma Clean Power is likewise a small fraction of the amount of energy consumed by PG &E's customer base (2.4 %), and the power consumed by Sonoma Clean Power customers would have significantly lower greenhouse gas emissions than the power consumed by PG &E's customers; and WHEREAS, on November 25, 2014 and December 9, 2014, the City Council held public hearings at which time interested persons had an opportunity to testify either in support or opposition to implementation of the Sonoma Clean Power CCA program in the City of Rohnert Park. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Rohnert Park does ordain as follows: SECTION 1. The above recitations are true and correct and material to this Ordinance. SECTION 2. Compliance with the California Environmental Quality Act. The City Council finds and determines that it can be seen with certainty that the there is no possibility that the implementation of the Sonoma Clean Power CCA program within the jurisdiction of the City of Rohnert Park will cause any significant adverse effects on the environment, and thus that such implementation is exempt from the California Environmental Quality Act. The City Manager is authorized and directed to file a Notice of Exemption pursuant to the CEQA guidelines; SECTION 3. Authorization to Implement a Community Choice Aggregation Program. Based upon the forgoing, and in order to provide business and residents within the City of Rohnert Park with a choice of power providers and with the benefits described above, the City Council ordains that it shall implement a community choice aggregation program within the jurisdiction of the City of Rohnert Park by participating as a group with the County of Sonoma, the Sonoma County Water Agency, and other cities and town described above in the Community Choice Aggregation program of the Sonoma Clean Power Authority, as generally described in the Implementation Plan. SECTION 4. Effective Date. This Ordinance shall be in fully force and effective 30 days after its adoption, and shall be published and posted as required by law. 883 This Ordinance was introduced by the City Council of the City of Rohnert Park on November 25, 2014, and was adopted December 9, 2014 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ROHNERT PARK Joseph T. Callinan, Mayor ATTEST: JoAnne M. Buergler, City Clerk APPROVED AS TO FORM: City Attorney 883 RESOLUTION NO. 2014-185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, REQUESTING THAT THE SONOMA CLEAN POWER AUTHORITY ACT AS A COMMUNITY CHOICE AGGREGATOR ON BEHALF OF THE CITY OF ROHNERT PARK AND IMPLEMENT THE SONOMA CLEAN POWER COMMUNITY CHOICE AGGREGATION PROGRAM WITHIN THE CITY OF ROHNERT PARK WHEREAS, the City of Rohnert Park has investigated options to provide electric services to customers within the City, with the intent of achieving greater local control and involvement over the provision of electric services, competitive electric rates, the development of clean, local renewable energy projects, reduced greenhouse gas emissions, and the wider implementation of energy conservation and efficiency projects and programs; and WHEREAS, the Sonoma County Water Agency prepared a Feasibility Study and a draft Implementation Plan for a community choice aggregation ( "CCA ") program in Sonoma County under the provisions of Public Utilities Code section 366.2. The Feasibility Study and Implementation Plan show that implementing a community choice aggregation program would provide multiple benefits, including: • Providing customers a choice of power providers; • Increasing local control and involvement in and collaboration on energy rates and other energy - related matters; • Providing more stable long -term electric rates that are competitive with those provided by the incumbent utility; • Reducing greenhouse gas emissions arising from electricity use within Sonoma County; • Increasing local renewable generation capacity; • Increasing energy conservation and efficiency projects and programs; • Increasing regional energy self - sufficiency; • Improving the local economy resulting from the implementation of local renewable energy and energy conservation and efficiency projects; and WHEREAS, on December 4, 2012, the County of Sonoma and the Sonoma County Water Agency approved a Joint Powers Agreement creating the Sonoma Clean Power Authority ( "Authority "). Under the Joint Powers Agreement, cities and towns within Sonoma County may participate in the Sonoma Clean Power CCA program by adopting the resolution and ordinance required by Public Utilities Code section 366.2. Cities and towns choosing to participate in the CCA program will have membership on the Board of Directors of the Authority as provided in the Joint Powers Agreement. The Town of Windsor and the Cities of Cotati, Sonoma, Sebastopol, Cloverdale, and Santa Rosa have also adopted the ordinance and resolution required by Public Utilities Code section 366.2, and are now participants in the Sonoma Clean Power CCA program; and WHEREAS, the Authority has entered into agreements with electric power suppliers and other service providers, and based upon those agreements the Authority is able to provide power to residents and businesses at rates that are competitive with those of the incumbent utility (PG &E). The California Public Utilities Commission approved the Implementation Plan for the Sonoma County CCA program ( "Implementation Plan "), and on May 1, 2014, the Authority began providing service to customers within the unincorporated area of Sonoma County and within the jurisdiction of those cities who have chosen to participate in the CCA program; and WHEREAS, under Public Utilities Code section 366.2, customers have the right to opt -out of a CCA program and continue to receive service from the incumbent utility. Customers who wish to continue to receive service from the incumbent utility will be able to do so; and WHEREAS, providing accurate information on energy choices is an important component of an informed choice whether to participate in a CCA program or continue to receive service from the incumbent utility, and thus information provided by the Authority should be transparent, accurate, and suitably formal so as to allow informed decision making; and WHEREAS, the population of the City of Rohnert Park is 40,971 according to the 2010 census and its consumption of power extremely small in comparison to the amount of energy consumed by PG &E's customer base (0.25 %), the consumption of power by Sonoma Clean Power is likewise a very small fraction of the amount of energy consumed by PG &E's customer base (2.4 %), and the power consumed by Sonoma Clean Power customers would have significantly lower greenhouse gas emissions than the power consumed by PG &E's customers; and WHEREAS, on November 25, 2014 and December 9, 2014, the City Council held public hearings at which time interested persons had an opportunity to testify either in support or opposition to implementation of the Sonoma Clean Power CCA program in the City of Rohnert Park. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Rohnert Park makes the following determinations with respect to the implementation of the Sonoma Clean Power CCA program within the jurisdiction of the City of Rohnert Park: Section 1. The foregoing recitals are true and correct and material to this Resolution. Section 2. Compliance with California Environmental Quality Act. The City Council finds and determines that it can be seen with certainty that the there is no possibility that the designation of the Authority to act as Community Choice Aggregator within the jurisdiction of the City of Rohnert Park will cause any significant adverse effects on the environment, and thus that such designation is exempt from the California Environmental Quality Act. The City Manager is authorized and directed to file a Notice of Exemption pursuant to the CEQA guidelines. Section 3. Request that Sonoma Clean Power Authority Act as Community Choice Aggregator. The City of Rohnert Park hereby requests that the Authority act as Community Choice Aggregator on its behalf within the jurisdiction of the City of Rohnert Park, and authorizes the Authority to implement and carry out within the City of Rohnert Park the community choice aggregation program as generally described in the Implementation Plan. 2014 -185 Section 4. Direction to Representative Regarding Transparency in Communications. The City Council hereby directs the City's representative and alternative representative on the Authority's Board of Directors to encourage the Authority to be as transparent and accurate as possible in its public communications, including but not limited to the fair representation of the source of energy provided to customers and providing notices that appear as official communications rather than advertisements. DULY AND REGULARLY ADOPTED on this 9th day of December, 2014. CITY OF ROHNERT PARK Joseph T. Callinan, Mayor ATTEST: JoAnne M. Buergler, City Clerk BELFORTE: MACKENZIE: STAFFORD: AHANOTU: CALLINAN: AYES: ( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) 2014 -185