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2015/09/08 City Council Agenda Packet City of Rohnert Park ♦ 130 Avram Avenue ♦ Rohnert Park, California 94928 PHONE: (707) 588-2227♦ FAX: (707) 794-9248 ♦ WEB: www.rpcity.org ROHNERT PARK CITY COUNCIL Rohnert Park Financing Authority (RPFA) Successor Agency to the Community Development Commission (CDC) JOINT REGULAR MEETING AGENDA Tuesday, September 8, 2015 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. 1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT REGULAR MEETING - Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” City of Rohnert Park Joint Regular Meeting Agenda September 8, 2015 for City Council/RPFA/CDC Successor Agency Page 2 of 5 CALL TO ORDER/ROLL CALL (Callinan __ Mackenzie__ Stafford __ Belforte __ Ahanotu __) 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS A. Mayor’s Certificate of Recognition: Honoring Bodybuilding Champion Carol Adams for Winning First Place at the California Natural Bodybuilding Championships B. Update on Status of SoCo Nexus by Amee Sas, Executive Director of SoCo Nexus 4. SSU STUDENT REPORT By Kate Chavez, Executive Vice President, Sonoma State University Associated Students, Inc. (SSU ASI) for Shannon Garcia, Legislative Representative 5. DEPARTMENT HEAD BRIEFING 6. 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. 7. 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: 1. None B. Acceptance of Reports for: 1. Annual Co-Sponsorship and Fee Waiver Report for FY 2014-15 2. City Bills/Demands for Payment dated September 8, 2015 3. Successor Agency to the CDC Bills/Demands for Payment dated September 8, 2015 C. Successor Agency to the CDC Resolutions for Adoption: 1. 2015-140 Authorizing and Approving an Agreement of Purchase and Sale and Joint Escrow Instructions between the Successor Agency and McDonalds Corporation and Finding the Action Exempt from Review Under the California Environmental Quality Act D. City Council Resolutions for Adoption: 1. 2015-141 Authorizing and Approving a Third Addendum to the City of Rohnert Park Joint Regular Meeting Agenda September 8, 2015 for City Council/RPFA/CDC Successor Agency Page 3 of 5 Mitigated Negative Declaration for the Eastside Trunk Sewer Phase III and Snyder Lane Widening Project(Project 2014-01) 2. 2015-142 Approving and Adopting a City of Rohnert Park Legislative Platform for 2015-16 3. 2015-143 Authorizing and Approving the Sixth Amendment to the Design Professional Services Agreement RE: CSG Consultants Inc. 4. 2015-144 Authorizing and Approving the Third Amendment to Task Order 2014-02 with Green Valley Consulting Engineers for On-Call Construction Management and Inspection Services for University District Development 5. 2015-145 Designating the Use of Proceeds from the Sale of 5870 Labath Avenue 6. 2015-146 Authorizing and Approving a Public Facilities Fee Credit Agreement with University District LLC and Vast Oak Properties L.P. and Finding the Action Exempt Under the California Environmental Quality Act 7. 2015-147 Authorizing and Adopting a City of Rohnert Park Grant Support Policy 8. 2015-148 Approving and Adopting the Plans and Specifications for the Callinan Sports and Fitness Locker Room Remodel Project No. 2013-05 and Awarding the Contract to Carr’s Construction Service, Inc., and Finding the Project Exempt from CEQA 9. 2015-149 Authorizing and Approving an Employment Agreement Between the City of Rohnert Park and Mary Grace Pawson for Director of Development Services 10. 2015-150 Authorizing and Approving the Third Amendment to Consultant Services Agreement with AECOM Technical Services, Inc., for Professional Planning Services for the Central Rohnert Park Planned Development Area Council Motion/Vote 8. Consideration of Changes to Development Services Positions A. Staff Report B. Public Comments C. Council motion/discussion/vote 9. Review of Proposed Expense Reimbursement Policy for City Council and Repeal of the Current Expense Reimbursement and Use of Public Resources Policy adopted by Resolution No. 2006-206 A. Staff Report B. Public Comments C. Resolution for Adoption: City of Rohnert Park Joint Regular Meeting Agenda September 8, 2015 for City Council/RPFA/CDC Successor Agency Page 4 of 5 1. 2015-151 Approving and Adopting an Amended Expense Reimbursement Policy for City Council and Repealing Current Expense Reimbursement and Use of Public Resources Policy a. Council motion/discussion/vote 10. COMMITTEE / LIAISON / OTHER REPORTS This time is set aside to allow Council members serving on Council committees or on regional boards, commissions or committees to present a verbal report on the activities of the respective boards, commissions or committees on which they serve. No action may be taken. 11. COMMUNICATIONS Copies of communications have been provided to Council for review prior to this meeting. Council Members desiring to read or discuss any communication may do so at this time. No action may be taken except to place a particular item on a future agenda for Council consideration. 12. MATTERS FROM/FOR COUNCIL Prior to agenda publication, any Councilmember may place an item on this portion of the agenda. Upon the concurrence of two Councilmembers, the item may be added to a subsequent agenda for deliberation and action. In accordance with the Brown Act, at the City Council meeting, Councilmembers may not add items hereunder, except for brief reports on his or her own activities or brief announcements regarding an event of community interest. 13. PUBLIC COMMENTS Persons wishing to address the Council 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. 14. ADJOURNMENT City of Rohnert Park Joint Regular Meeting Agenda September 8, 2015 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 agenda for the September 8, 2015, Joint Regular Meeting of the Rohnert Park City Council/RPFA was posted and available for review on September 3, 2015, 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 3rd day of September, 2015, at Rohnert Park, California. ___________________________________________ JoAnne M. Buergler, City Clerk An innovation community focused on empowering start up companies in the North Bay. Update to the City of Rohnert Park February 5th 2014 2013 Annual Report Contact: Amee Sas, Executive Director Address: 1300 Valley House Drive, Suite 100 Rohnert Park, CA 94928 Telephone: 707.695.7000 Website: www.soconexus.org 2014 Report Update to the City of Rohnert Park August 2015 Overview •Incubator clientele holding steady with increase in tech based companies •Achieved 146% Full Time Equivalent (FTE) target according to our Rohnert Park redevelopment compliance contract for 2014 •SoCo Nexus supports 93 local jobs outside of the incubator and generates more than $8M in revenue for the greater community. •Notable 2014 incubator activity •$225M acquisition, graduated company purchases local real estate, incubated company aquires start-up, national company aquires incubated start-up, $225k SBIR Grant, Campus upgrade to fiber, major silicon valley sale •Major Events: •North Bay Innovation Summit •InSync Angel Investment Summit •Innovation Week •SSU Entreprenoma •On the horizon for 2015 •Recap SoCo Nexus Community January 2014 1.Non-Profit Easy – Cloud based solutions 2.IQR Consulting 3.White Hot Cloud – Cloud based solutions 4.Eric Burns – Tech 5.Jim Bryant - Web based applications 6.SkyTy – Mobile gaming 7.Ticket Frontier – Ticket sales 8.AspenAir – High efficiency air filter 9.Solar Action Alliance – Non-profit 10.Sudeep Montupalli Rao – EPEA 11.OG Tea Company – Sustainable agriculture 12.Urth Enterprises – Sustainable agriculture 13.growUp – Sustainable agriculture 14.EternaTile – Manufacturing – Green roofing system 15.Business Waste Management – Waste Management 16.Savage Jenny - Non-toxic makeup 17.Sunspeed Enterprises – Electric Charging Stations 18.Hemotek – Medical device 19.Sonomation- Manufacturing 20.Glo Blades – Lighting product 21.North Bay Brewery Tours – Tourism 22.University of Northern California – Bio Medical 23.Sonoma State University 24.Christen Bramswig - Author 25.SpeakLo Media - Website design/media 26.Trust One – Building maintenance 27.DBM- Accounting 28.Sure Girl – Clothing manufacturer 29.Alexa Brenner – Operations 30.Free Grant Assistance, Inc 31.Legendary Leadership – Business consultant Technology, Sustainable Resources Bio-Med, Mftg, Tourism, Education, Trade, Services January 2015 1.White Hot Cloud – Cloud-based solutions 2.Find.com- web based marketplace solutions 3.Skyscape Networks – fiber internet, IT services 4.Non-Profit Easy – Cloud-based solutions for non-profits 5.IQR Consulting – data analysis 6.Fort Systems- fulfillment /order management system 7.Frixel Solutions- Web Development 8.Chorus Robotics – large-scale automation 9.Eric Burns – tech 10.Lynda Banks Design – web & graphic design 11.Go Local – Association of locally-owned businesses 12.Sustainable North Bay 13.Slow Tech Labs — technical innovation & design 14.OG Tea Company – Sustainable agriculture 15.Urth Enterprises – Sustainable agriculture 16.One by Nature 17.Bamcore- Innovative Structural Bamboo Products 18.AspenAir – High efficiency air filter 19.Sunspeed Enterprises – Electric Charging Stations 20.Hemotek – Medical devices 21.Industrial & Consumer Innovation – product design 22.Sonomation – Manufacturing 23.Glo Blades – Lighting product 24.North Bay Brewery Tours – Tourism 25.Christian Bramswig – author 26.University of Northern California – Bio Medical 27.Sonoma State University 28.DBM- Accounting 29.SpeakLo Media – writing/production/social media 30.Legendary Leadership – Business consultant 31.Ian Munc – CPA . 32.Trust One – Building maintenance 33.Free Grant Assistance Rohnert Park Contract Compliance •75 Full Time Employees (economic equivalent of 98 FTE) •Income equivalent of $2.25M (economic equivalent of $3.6M) •38 employees hired in 2014 •58 employees expected to be hired in 2015 Year 1 (2008) 2 (2009) 3 (2010) 4 (2011) 5 (2012) 6 (2013) 7 (2014) 8 (2015) 9 (2016) 10 (2017) FTE Target 10 21 28 32 35 38 41 44 47 50 FTE Actual 23 50 55 45 50 84 75 Sonoma County job economic multiplier 1.5 35 75 83 68 75 126 113 Income Equivalent ($30,000 average salary) $ 690,000 $1.5M $1.65M $1.35M $1.5M $2.5M $2.25M Sonoma County income economic multiplier 1.6 (based on FTE Actual) $1.1M $2.4M $2.6M $2.2M $2.4M $4M $3.6M As of January 2014 Annual Jobs and Business Revenues Supported by SoCO Nexus 2014 Description •Custom computer programming services •Engineering services •Computer systems design services •Agriculture services •Miscellaneous manufacturing •Rental income for Property Owners •Internet publishing and boradcasting •Scenic and sightseeing transportation •Real estate establishments •Banks and Credit Unions •All Others •Totals Employment Output •20.1 $936,799 •5.3 $936,147 •1.4 $912,232 •10.6 $451,388 •4 $439,930 •0 $422,745 •4.1 $418,726 •8.1 $389,063 •2.2 $376,350 •.6 $272,456 •37.2 $3,305,782 •93.6 $8,861,618 Accoring to Robert Eyler, Ph.D., Economic Forensics and Analytics Notable incubator activity in 2014 Ticket Frontier (ticketfrontier.com) grew to the extent that they were able to “graduate”, and move into their own building in Petaluma. Sapheon, Inc (sapheoninc.com), a company that was incubated as part of University of Northern California's (uncm.edu) Science and Technology Innovation Center, was acquired for over $225M. NonProfit Easy (nonprofiteasy.com), developers of the world’s first all-in-one fundraising and donor management software, acquired Atlanta-based Uruut (uruut.com), a crowd funding platform. Aspen Air (aspenairinside.com), manufacturer of award-winning commercial HVAC air filters, was recently awarded a contract for a large Silicon Valley campus including many large scale installments, launching this startup into its next phase of growth. Hemotek Medical, Inc. (hemotekmedical.com), secured a $225,000 Small Business Innovation Research (SBIR) grant for their medical device company. This grant has enabled the company to compete for further SBIR funding, allowing development of a prototype to move them one step closer to FDA approval and to market. SkyScape Networks' (skyscapenetworks.com) moved it headquarters to SoCo Nexus and upgraded the entire campus’ internet access from cable to fiber. OG Tea (ogtea.com) was acquired by American Green in September for an undisclosed amount, with Jeff Webster retained as CEO. 2014 North Bay Innovation Week 2014 North Bay Innovation Summit Ag & Food Clean Tech & Sustainable Products Health Care, Medical Tech SaaS, Social Media, Web, IT, Cloud Northern California Angel Groups 2014 North Bay Investor Summit SSU Student Entrepreneurial Cell Entreprenoma On the Horizon for 2015 •Attract 5 – 10 new innovative companies/start-ups •58 employees projected to be hired •Lean Launch series for early stage and ideation •Increase NBIS prize from $5,000 to $10,000 •SSU Entreprenoma Hackathon •Renovate and expand our facility •Create a medical instrument testing lab •Foster relationships within the North Bay iHub collaboration •Create a seed fund for early stage ventures $10,000 in Cash Prizes Apply or nominate before August 21st www.northbayihub.com Sonoma State – North Bay Make-A-Thon Recap •Incubator clientele holding steady with increase in tech based companies •Achieved 146% Full Time Equivalent (FTE) target according to our Rohnert Park redevelopment compliance contract for 2014 •SoCo Nexus supports 93 local jobs outside of the incubator and generates more than $8M in revenue for the greater community. •Notable 2014 incubator activity •$225M acquisition, graduated company purchases local real estate, incubated company acquires start-up, national company acquires incubated start-up, $225k SBIR Grant, Campus upgrade to fiber, major silicon valley sale •Major Events: •North Bay Innovation Summit •North Bay Investment Summit •Innovation Week •2015 will continue to be a year of growth and expanding resources •Apply or nominate a company for the North Bay Innovation Summit by August 21st! Celebrate innovation in the North Bay! nveineHr INNOVATION SUMMIT SEPT 18, 2015 Sonoma Mountain village Events Center/ Rohnert Park Codding • SOMO Village • Ken & Donna Martin • Dow Charitable Giving Fund • Kings Hill Cellars • Dlllwood Burkel & Millar • North Bay Business Journal • Sonoma County Water Agency • Beneficial State Bank • Summit State Bank • City of Santa Rosa • Sonoma Clean Power • Carle Mackie Power & Ross • TriNet • City of Rohnert Park North Bad► Innovation Week r Experience the variety and quality of North Bay innovations in a week long calendar of day and evening events including: the U North Bay nnovation Week EVENTS Details at y r�c�rtl�bayihub.crarn Sept 2:00- Reducing Im pacts ofthe K -J Wine 14 4:00 pm Kendall - Jackson Heirloom Gardens Free Tomato Festival Santa Rosa 6:30- innovation @WORK: WORK 8:30 pm live Local, impact Global Petaluma Free Sept 15 4;30_ 7:30 pm Marinnovatlon Marro Fco- nomic Forum Free San Rafael They Don't Make This? S 8:30 pin Why Don't l7: The Food Innovator's Journey Santa Rosa asa Free Se l 2,00- 'SME,'s JMed1tech 1mr TriVascular $51 6`00,prn andlHa�ppy+�IHour Santa Rosa $15, SNIE members 7:00- fthl& Bee R(e,s1IliernceGufTd Aqus Cafe 9:0{1 m p Celleb,ra�tes llgpr�ate Rietallunma Petaluma Fwe Innovations Sept 5.0O_ Access to Captall inn the Nwh Sonoma 17 &0i0, Pml Bay. Fuinrdl Yot r Busirress Nova, Mi t AT'ag i ITEM NO. ____ 1 Meeting Date: September 8, 2015 Department: Administration Submitted By: Darrin Jenkins, City Manager Prepared By: Carol Adams, Executive Assistant to the City Manager Agenda Title: Acceptance of Annual Co-Sponsorship and Fee Waiver Report for FY 2014-15 RECOMMENDED ACTION: Consider accepting the Annual Co-Sponsorship and Fee Waiver Report for FY 2014-15. BACKGROUND: In July 2011, City Council Policy 490.13 - Co-Sponsorships & Fee Waivers was adopted. This policy recognizes that the City routinely receives requests from non-profit organizations and service clubs to waive temporary use permit and/or rental fees for the use of City facilities. Per this policy fees may be waived, or co-sponsorships approved, by the City Manager based on the determination that the program or event is: 1) of significant value to the community or to a significant portion of residents; and 2) is within the scope of services normally provided by the City. City Manager approved fee waivers and co-sponsorships may not exceed $1,000 in total cash or in-kind value for an entire activity or project with the exception of the Project Graduation event, for which additional funding may be granted at the sole discretion of the City Manager. As required by the policy, this is the annual report regarding fee waivers and co-sponsorships approved by the City Manager during the past fiscal year. Included in this report are associated costs to the City, as well as comments regarding the effectiveness of the waivers in promoting community services through collaboration with both private and non-profit partnerships. 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 ITEM NO. ____ 2 Table: Co-Sponsorships & Fee Waivers Granted – FY 2014-15 Description of Waiver or Sponsorship Approval Date Type *(W/S) Amount Community Benefit 1. Founders’ Day Event1 2014 W $6,809 Celebrates Rohnert Park’s history, fosters City/community partnerships, and promotes economic development. 2. Fishing Derby 5/2015 S $605.86 Serves approximately 500 children and families by introducing the sport of fishing. 3. Project Graduation 5/2015 W $4,500 Supports partnership with school district and promotes health and safety. 4. So. Co. Law Enforcement Volunteer Luncheon 5/2015 W $422.50 Promotes enhanced law enforcement presence in the community. 5. Founders Day Committee 5/2015 W $902.50 Fundraising event to help finance the 2015 Founders Day event. 6. Credo High School Graduation 5/2015 W $120 Supports partnership with school district and promotes health and safety. *Key: w=waiver; s=sponsorship 1Included for informational purposes only. Fee exceeds City Manager’s approval authority per policy; consequently, fee was waived by City Council action on 9/9/14. Department Head Approval Date: N/A City Manager Approval Date: 9/1/15 City Attorney Approval Date: N/A 1 ‘ Meeting Date: September 8, 2015 Department: Development Services Submitted By: Mary Grace Pawson, Acting Director of Development Services Prepared By: Mary Grace Pawson, Acting Director of Development Services Agenda Title: Authorizing and Approving an Agreement of Purchase and Sale and Joint Escrow Instructions between the Successor Agency and McDonald’s Corporation and Finding the Action Exempt from Review under the California Environmental Quality Act RECOMMENDED ACTION: Adopt a resolution authorizing and approving an Agreement of Purchase and Sale and Joint Escrow Instructions between the Successor Agency to the Community Development Commission of the City of Rohnert Park “Successor Agency” and McDonald’s Corporation and finding the action exempt from review under the California Environmental Quality Act. BACKGROUND: Assembly Bill (AB) 1X 26, as subsequently amended by AB 1484 (collectively, the “Dissolution Act”) dissolved California’s redevelopment agencies formed under the Community Redevelopment Law (Health and Safety Code Section 33000, et seq.). Section 31419.5(b) of the Dissolution Act required the Successor Agency to prepare and submit for review and approval by the Successor Agency Oversight Board and the Department of Finance (“DOF”) a long-range property management plan (“Property Plan”) addressing the disposition and use of real property formerly owned by the Community Development Commission of the City of Rohnert Park (“CDC”). Successor Agency staff prepared a Property Plan that was approved by the Oversight Board by Resolution No. OSB 2013-04 adopted on September 16, 2013, later amended and approved by the Oversight Board by Resolution No. OSB 2014-03 adopted on April 9, 2014, and thereafter submitted to DOF for review and approval. DOF approved the Successor Agency’s Property Plan by letter dated June 19, 2014. The approved Property Plan provides for the disposition of six properties formerly owned by the CDC and currently held by the Successor Agency. One of these properties was an approximately 6,875 square foot parcel identified as “Parcel 5” in the Property Plan designated as APN 045- 081-007 (“Property”). The property is located at the northwest corner of the intersection of Golf Course Drive West and Redwood Drive. The Property Plan provided for the sale of the Property to the developer of the adjacent property (“Adjacent Property”) pursuant to Health and Safety Code Section 34191.5(c)(2)(B), since, as the Property Plan explained, the Property’s only anticipated economic value would come through incorporation into the development of the Adjacent Property. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK AGENDA REPORT 2 The proposed Agreement of Purchase Sale and Joint Escrow Instructions (“Agreement”) was reviewed and approved by the Oversight Board with Resolution 2014-07 on September 10, 2014. DOF provided its concurrence in the early fall of 2014. McDonalds Corporation is now ready to execute the proposed Agreement and complete the property transfer. ANALYSIS: The Adjacent Property is located in the Wilfred/Dowdell Specific Plan and is proposed for commercial development. Successor Agency staff has negotiated terms for the disposition of the Property to McDonald’s Corporation and such terms are incorporated into the proposed Agreement. The Purchase Agreement provides for the sale of the Property to McDonald’s USA, LLC for $10,000. This price represents Successor Agency’s best estimate of the value of the Property, given that, as is further explained in the Property Plan, the parcel is “essentially worthless” except insofar as it may be incorporated into development of the Adjacent Property. If the Property is not sold to McDonald’s Corporation, Successor Agency staff believes the only other purchaser would be a subsequent development interest, which would likely want the same purchase price and sales terms. In addition to the purchase price, McDonald’s Corporation is responsible for all Successor Agency administrative costs related to the sale, and the proposed Agreement provides for the payment of such costs through escrow to the extent they have not previously been reimbursed to the Successor Agency. As provided in the Property Plan, the net proceeds of the sale will be distributed as property tax to the taxing entities pursuant to Section 34191.5(c)(2)(B) of the Dissolution Act. The Purchase Agreement provides for a ninety-day due diligence period, during which McDonald’s Corporation is to investigate the condition of title, physical condition of the Property and any other matters relevant to McDonald’s Corporation’s proposed use of the Property. Escrow is to close within thirty days following satisfaction of the parties’ conditions precedent to closing described in the Purchase Agreement, but in any event prior to December 15, 2015. OPTIONS CONSIDERED FOR SALE OF PROPERTY: None. Execution of the proposed Agreement is consistent with the Property Plan and the actions of the Oversight Board and has been approved by DOF. ENVIRONMENTAL ANALYSIS: The eventual development of the property has been reviewed with both the Wilfred Dowdell Specific Plan EIR and a subsequent Mitigated Negative Declaration for the Oxford Suites Project which included this site and there are no new substantial impacts. In addition, section 15061(b)(3) of the CEQA Guidelines exempts from CEQA review activities that do not have the potential to cause significant effects on the environment. The transfer of ownership of the property from the City to the Buyers is exempt from CEQA under Section 15061(b)(3) because there is no possibility that the conveyance will have an effect on the environment. FISCAL IMPACT/FUNDING SOURCE: The net proceeds of the proposed sale will be $10,000. The net proceeds of the sale will be distributed as property tax to the taxing entities pursuant to Section 34191.5(c)(2)(B) of the Dissolution Act. Because the purchaser has agreed to cover the Successor Agency’s costs to manage this transaction to completion, there will be no fiscal impact to the City. 3 Department Head Approval Date: NA City Manager Approval Date: 08/27/2015 City Attorney Approval Date: 08/27/2015 Finance Director Approval Date: NA Attachments: 1. Resolution Authorizing and Approving an Agreement of Purchase and Sale and Joint Escrow Instructions between the City of Rohnert Park Successor Agency and McDonald’s Corporation 2. Exhibit A to Resolution: “Agreement of Purchase and Sale and Joint Escrow Instructions” OAK #4838-3078-4295 v1 RESOLUTION NO. 2015- A RESOLUTION OF THE CITY OF ROHNERT PARK AS SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING AN AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS BETWEEN THE SUCCESSOR AGENCY AND MCDONALDS CORPORATION AND FINDING THE ACTION EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, Assembly Bill 1X 26, as subsequently amended by AB 1484 (collectively, the “Dissolution Act”) dissolved redevelopment agencies formed under the Community Redevelopment Law (Health and Safety Code Section 33000, et seq.); and WHEREAS, Section 31419.5(b) of the Dissolution Act required the Successor Agency City of Rohnert Park (“Successor Agency”) to prepare and submit for review and approval by the Oversight Board for the Successor Agency (“Oversight Board”) and the California Department of Finance (“DOF”) a long-range property management plan (“Property Plan”) addressing the disposition and use of real property formerly owned by the Community Development Commission of the City of Rohnert Park; and WHEREAS, Successor Agency staff prepared a Property Plan that was approved by the Oversight Board by Resolution No. OSB 2013-04 adopted on September 16, 2013 and thereafter submitted to DOF for review and approval; and WHEREAS, based on DOF’s preliminary comments and requests for clarification of certain items included in the Property Plan, Successor Agency staff prepared an amended Property Plan that was approved by the Oversight Board by Resolution No. OSB 2014-03 adopted on April 9, 2014 and thereafter submitted to DOF for review and approval; and WHEREAS, DOF approved the Successor Agency’s Property Plan by letter dated June 19, 2014; and WHEREAS, the approved Property Plan provides for the disposition of an approximately 6,875 square foot parcel located in the City of Rohnert Park, identified as “Parcel 5” in the Property Plan and designated as APN 045-081-007 (“Property”) to the developer of the adjacent property immediately to the west (“Adjacent Property”) pursuant to Health and Safety Code Section 34191.5(c)(2)(B), since the Property’s only economic value would come through incorporation into the development of the Adjacent Property; and WHEREAS, Successor Agency staff have negotiated terms for the disposition of the Property to the owner of the Adjacent Property, McDonalds’s Corporation, a Delaware corporation (“Buyer”), and such terms are incorporated into the proposed Agreement of Purchase and Sale and Joint Escrow Instructions attached as Exhibit A to this Resolution and incorporated herein by this reference (“Purchase Agreement”); and OAK #4838-3078-4295 v1_eb WHEREAS, the proposed Agreement of Purchase Sale and Joint Escrow Instructions was reviewed and approved by the Oversight Board by Resolution 2014-07 on September 10, 2014 and DOF has provided concurrence; and WHEREAS, the City has adopted the Wilfred Dowdell Specific Plan EIR (“EIR”), which addressed eventual development of the Property, and on May 22, 2012, the City of Rohnert Park approved a Mitigated Negative Declaration (“MND”) for Buyer’s development of the Adjacent Property, which anticipated Buyer’s acquisition and development of the Property; further, the transfer of ownership of the property from the City to the Buyer is exempt from CEQA under Section 15061(b)(3) because there is no possibility that the conveyance will have an effect on the environment; and WHEREAS, the transfer of ownership was considered by the Successor Agency to the Community Development Commission of the City of Rohnert Park at a duly noticed public meeting; NOW, THEREFORE, BE IT RESOLVED by the Successor Agency, as follows: 1. The Successor Agency hereby finds and determines that the foregoing recitals are true and correct and are incorporated herein. 2. The Successor Agency hereby further finds approval of the Purchase Agreement to be consistent with the project evaluated in the EIR and MND and that 1) there are no substantial changes to the project which would result in the need for major revisions to that MND, 2) there are no substantial changes with regard to the circumstances surrounding the proposed action which would require major revisions to that MND, and 3) no substantial new information exists which was not previously known which would show that the project has new significant environmental impacts, the project’s identified impacts are substantially more severe than previously disclosed, new alternatives or mitigation measures previously found to be infeasible are in fact feasible and/or would reduce significant environmental impacts more than previously disclosed. Further, there is no possibility under Section 15061(b)(3) that the conveyance will have an effect on the environment. 3. The Purchase Agreement substantially in the form attached hereto as Exhibit A and incorporated herein by this reference is hereby approved. 4. The City Manager of the City of Rohnert Park (“City Manager”) is hereby delegated authority and is authorized and directed to execute the Purchase Agreement on behalf of the Successor Agency, substantially in the form attached hereto as Exhibit A, subject to minor, technical changes approved by the Successor Agency’s General Counsel. 5. Successor Agency staff are authorized and directed to transfer the net proceeds of the sale of the Property to the County of Sonoma for distribution to the taxing entities pursuant to Section 34191.5(c)(2)(B) of the Dissolution Act, as provided in the Property Plan. OAK #4838-3078-4295 v1_eb 6. The City Manager or his designee is authorized and directed to execute such additional instruments and to take such actions as are necessary to carry out the intent of this Resolution. DULY AND REGULARLY ADOPTED this 8th day of September, 2015. CITY OF ROHNERT PARK ____________________________________ Amy O. Ahanotu, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk CALLINAN: _________ MACKENZIE: _________ STAFFORD: _________ BELFORTE: _________ AHANOTU: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) OAK #4831-5557-9409 v4_eb AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS This Agreement of Purchase and Sale and Joint Escrow Instructions (“Agreement”), dated as of _______________ 2015, (“Effective Date”), is between the SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK, a public body established pursuant to the laws of the State of California (“Seller” or “Successor Agency”), and McDonald’s Corporation, a Delaware corporation (“Buyer”). R E C I T A L S A. The Community Development Commission of the City of Rohnert Park (“CDC”) acquired the Property described in Section 1.2 for redevelopment purposes. B. Subsequent to the CDC’s acquisition of the Property, the California Legislature enacted Assembly Bill AB 1X 26, as subsequently amended by AB 1484 (collectively, the “Dissolution Act”) which dissolved redevelopment agencies formed under the Community Redevelopment Law (Health and Safety Code Section 33000, et seq.). C. In accordance with Sections 34173 and 34175(b) of the Dissolution Act, the City of Rohnert Park elected to serve as the successor agency to the CDC and, effective February 1, 2012, all non-housing assets, properties and contracts of the CDC were transferred to the Successor Agency. D. Pursuant to Section 34177(h) of the Dissolution Act, Successor Agency is required to wind down the affairs of the CDC. E. Section 34191.5(b) of the Dissolution Act requires the Successor Agency, within six months following issuance of a finding of completion pursuant to Section 34179.5 of the Dissolution Act, to prepare and submit for Department of Finance (“DOF”) approval a long- range property management plan (“Property Plan”) that addresses the disposition and use of real properties of the CDC. F. Following the successful completion of certain statutory prerequisites, the Successor Agency received a finding of completion from DOF by letter dated April 26, 2013. G. Successor Agency staff prepared a Property Plan that was approved by the City Council acting as the Successor Agency by Resolution No. 2013-125 adopted on August 27, 2013 and by the Oversight Board by Resolution No. OSB 2013-04 adopted on September 16, 2013, and the Property Plan was thereafter submitted to DOF for review and approval. H. Based on DOF’s preliminary comments and requests for clarification of certain items included in the Plan, Successor Agency staff prepared an amended Property Plan that was approved by the City Council acting as the Successor Agency by Resolution No. 2014-137 adopted on April 8, 2014 and by the Oversight Board by Resolution No. OSB 2014-03 adopted DevSrv:\Oxford Suites-McDonalds\McDonalds\Purchase Sale Joint Escrow Agreement 1 of 21 OAK #4831-5557-9409 v4_eb on April 9, 2014, and the amended Property Plan was thereafter submitted to DOF for review and approval. I. DOF approved the Property Plan by letter dated June 19, 2014. J. Successor Agency included in the approved Property Plan the disposition of the Property (defined below) to the owner of the adjacent property immediately to the west (“Adjacent Property”) pursuant to Health and Safety Code Section 34191.5(c)(2)(B), since the Property’s only economic value would come through incorporation into the development of the Adjacent Property. K. Buyer has submitted a proposal to City to develop the Property, and Buyer desires to acquire the Property, at fair market value, for use in connection with Buyer’s or its successors’ and/or assigns’ development. L. At its September 10, 2014 meeting, the Oversight Board considered and approved by Resolution No. OSB 2014-07 the Successor Agency entering into this Agreement. A G R E E M E N T ARTICLE 1 PURCHASE AND SALE OF PROPERTY Section 1.1 Incorporation of Recitals. Each of the recitals in Paragraphs A through L, inclusive, set forth above is incorporated herein by this reference. Section 1.2 Sale. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, on the terms and conditions set forth herein, that certain property located in Rohnert Park, California described in Exhibit A attached hereto and made a part hereof and depicted on Exhibit A-1 attached hereto and made a part hereof (“Property”), together with any and all rights, privileges and easements appurtenant thereto owned by Seller. Section 1.3 Purchase Price. The purchase price for the Property is Ten Thousand Dollars ($10,000) (“Purchase Price”). The Purchase Price shall be paid to Seller at Closing in immediately available funds. The Purchase Price was determined based on a survey of comparable parcels and an evaluation of potential uses of the Property. Following Closing, as provided in the Property Plan, the net proceeds of the sale will be distributed as property tax to the taxing entities pursuant to Health and Safety Code Section 34191.5(c)(2)(B). Section 1.4 Good Faith Deposit. Within ten (10) business days of the Effective Date, Buyer shall deliver into escrow a good faith deposit in the amount of One Thousand Dollars ($1,000.00). The Good Faith Deposit shall serve as security for the performance of Buyer’s obligations under this Agreement and shall be applied towards the Purchase Price at Closing, retained by the Successor Agency as liquidated damages or returned to Buyer, as provided below. Interest earned on the Good Faith Deposit, if any, shall be deemed to be a part of the Good Faith Deposit for all purposes hereunder. DevSrv:\Oxford Suites-McDonalds\McDonalds\Purchase Sale Joint Escrow Agreement 2 of 21 OAK #4831-5557-9409 v4_eb The Good Faith Deposit shall be returned to Buyer upon occurrence of any of the following: (i) prior to expiration of Buyer’s Due Diligence Period and Buyer’s acceptance of the Property, as set forth in Section 3.3, Buyer elects not to proceed with purchase of the Property; (ii) prior to Closing, as defined in Section 6.2, all Buyer’s Conditions Precedent to Conveyance, as set forth in Section 2.1 have not been satisfied or waived by Buyer; or (iii) if Seller is in default under this Agreement following notice and expiration of applicable cure periods. IN THE EVENT BUYER DEFAULTS IN BUYER’S OBLIGATION TO PURCHASE THE PROPERTY WITHIN THE TIME AND IN THE MANNER SPECIFIED IN THIS AGREEMENT, AND SELLER IS READY, WILLING AND ABLE TO CLOSE THIS TRANSACTION, SELLER SHALL BE RELEASED FROM ALL OBLIGATIONS AT LAW OR IN EQUITY TO CONVEY THE PROPERTY TO BUYER. BUYER AND SELLER AGREE THAT IT WOULD BE IMPRACTICAL AND EXTREMELY DIFFICULT TO ESTIMATE THE AMOUNT OF DAMAGES SUFFERED BY SELLER BECAUSE OF SUCH DEFAULT; THAT THE GOOD FAITH DEPOSIT CONSTITUTES A REASONABLE ESTIMATE AND AGREED STIPULATION OF SUCH DAMAGES; THAT SELLER SHALL RETAIN SUCH SUM AS LIQUIDATED DAMAGES AS ITS SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF BUYER’S DEFAULT, WAIVING ANY RIGHT TO SPECIFIC PERFORMANCE OR ANY OTHER REMEDY AT LAW OR IN EQUITY. ____________________ ____________________ Seller’s Initials Buyer’s Initials If this Agreement shall not have been theretofore cancelled or terminated, or the Good Faith Deposit shall not have been returned to Buyer or retained by Seller as liquidated damages, the Good Faith Deposit shall be credited against the Purchase Price at Closing. ARTICLE 2 CONDITIONS Section 2.1 Buyer’s Conditions Precedent to Conveyance. Buyer’s obligation to purchase the Property is conditioned upon the following: 2.1.1 All of the representations and warranties made by Seller to Buyer pursuant to this Agreement shall be true and correct in all material respects as of the Closing date, as if made on such date. 2.1.2 Pursuant to Section 3.3, Buyer shall have completed its due diligence within the Due Diligence Period and provided written notice to Successor Agency that all aspects of the Property are acceptable to Buyer. 2.1.3 Seller shall have provided Buyer with assurance acceptable to Buyer in its sole and absolute discretion that DOF has either consented, or waived its right to object, to the sale of the Property to Buyer on the terms set forth herein, which assurance shall be in a form DevSrv:\Oxford Suites-McDonalds\McDonalds\Purchase Sale Joint Escrow Agreement 3 of 21 OAK #4831-5557-9409 v4_eb sufficient to allow the Title Company to issue the Title Policy as described in Section 4.2 (“DOF Approval”). 2.1.4 Seller shall have delivered each of the documents described in 6.3.1, prior to the Closing date. 2.1.5 Title Company shall have issued an irrevocable and unconditional commitment to issue the Title Policy (as defined in Section 4.2) upon recordation of the Grant Deed (as defined in Section 4.1). 2.1.6 Seller shall not be in material default of any of its obligations under this Agreement following notice and expiration of any applicable cure period. The conditions precedent to conveyance set forth in this Section 2.1 (“Buyer’s Conditions Precedent to Conveyance”) are solely for the benefit of Buyer and may be waived only by Buyer. No such waiver shall be binding upon Buyer unless made in writing by an authorized representative of Buyer. Section 2.2 Seller’s Conditions Precedent to Conveyance. Seller’s obligation to sell the Property is conditioned upon the following: 2.2.1 All of the representations and warranties made by Buyer to Seller pursuant to this Agreement shall be true and correct in all material respects as of the Closing date, as if made on such date. 2.2.2 Buyer shall have delivered each of the items described in 6.3.2 prior to the Closing date, and shall have performed all of its obligations under this Agreement in accordance with the provisions hereof. 2.2.3 Buyer shall not be in material default of any of its obligations under this Agreement following notice and expiration of any applicable cure period. 2.2.4 Seller shall have received DOF Approval. The conditions precedent to conveyance set forth in this Section 2.2 (“Seller’s Conditions Precedent to Conveyance”) are solely for the benefit of Seller and may be waived only by Seller. No such waiver shall be binding upon Seller unless made in writing by an authorized representative of Seller. DevSrv:\Oxford Suites-McDonalds\McDonalds\Purchase Sale Joint Escrow Agreement 4 of 21 OAK #4831-5557-9409 v4_eb ARTICLE 3 REPRESENTATIONS AND WARRANTIES, BUYER’S DUE DILIGENCE, AND DISCLAIMERS AND RELEASES Section 3.1 Representations and Warranties of Seller. Seller hereby makes the following representations and warranties. 3.1.1 Seller, as of the Effective Date, owns fee simple title to the Property. 3.1.2 There is no litigation, action, suit, arbitration, claims proceeding or governmental investigation in law or equity pending or, to Seller’s actual knowledge, threatened, with respect to the Property or against Seller which would prevent Seller from performing its obligations hereunder, or which would have a material adverse effect on the Property or Buyer. 3.1.3 To the best of Seller’s knowledge, Seller’s execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which Seller is a party or by which it is bound. 3.1.4 To the best of Seller’s knowledge, the governmental reports, notices, soils tests, environmental reports, plans, surveys, engineering reports, and other documents, information and data relative to the Property delivered or made available by Seller to Buyer pursuant to Section 3.3 below, represent all Seller Materials that are in Seller’s possession or under Seller’s control. 3.1.5 Each of the representations and warranties of Seller contained in this Section 3.1 is true as of the Effective Date, and shall be deemed remade by Seller and shall be true as of the Closing date. 3.1.6 All references herein to “Seller’s knowledge” means the current, actual knowledge of Darrin Jenkins (“Seller’s Representative”), without any obligation of inquiry, and such term shall not include the knowledge of any other person or firm, it being understood by Buyer that (a) Seller’s Representative was not involved in the operation of the Property before Seller’s acquisition of the Property, (b) Seller’s Representative is not charged with knowledge of any of the acts or omissions of predecessors in title to the Property or the management of the Property before Seller’s acquisition of the Property, and (c) Seller’s current actual knowledge shall not apply to, or be construed to include, information or material which may be in the possession of Seller generally or incidentally, but of which Seller’s Representative is not actually aware. Section 3.2 Representations and Warranties of Buyer. Buyer represents and warrants to Seller as follows: 3.2.1 Buyer is a Delaware corporation. Buyer has full right, power and lawful authority to undertake all obligations of Buyer as provided herein and the execution, performance and delivery of this Agreement by Buyer has been fully authorized by all requisite company actions on the part of Buyer. DevSrv:\Oxford Suites-McDonalds\McDonalds\Purchase Sale Joint Escrow Agreement 5 of 21 OAK #4831-5557-9409 v4_eb 3.2.2 To the best of Buyer’s knowledge, Buyer’s execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which Buyer is a party or by which it is bound. 3.2.3 Buyer is not the subject of any bankruptcy proceeding. 3.2.4 All references herein to “Buyer’s knowledge” means the current, actual knowledge of David Shammas (“Buyer’s Representative”), without any obligation of inquiry and shall not apply to, or be construed to include, information or material which may be in the possession of Buyer generally or incidentally, but of which Buyer’s Representative is not actually aware. 3.2.5 Each of the representations and warranties of Buyer contained in this Section 3.2 is true as of the Effective Date, and shall be deemed remade by Buyer and shall be true as of the date of Closing. The representations and warranties of Seller and Buyer contained herein shall survive for a period of two (2) years after the Closing (the “Survival Period”). Any claim which Buyer or Seller may have at any time against the other for a breach of any such representation or warranty, whether known or unknown, which is not asserted by written notice to the other within two months following the expiration of the Survival Period, and as to which a legal action has not been filed within five months following the Survival Period, shall be deemed waived, unless otherwise agreed in writing by the parties. Section 3.3 Buyer’s Due Diligence. Within ninety (90) days following the Effective Date (“Due Diligence Period”), Buyer shall have reviewed, inspected and investigated, at its expense, the Property, either independently or through agents of Buyer’s choosing, including the following: 3.3.1 All matters relating to title, including taxes, assessments, and liens. If the report on title, binder or commitment discloses any defects in title (other than liens or encumbrances of a definite or ascertainable amount which may be paid at Closing by Seller), Seller will have thirty (30) days from the date of Buyer's written notice of such defects to make a good faith effort to cure such defects and to furnish a later report showing the defects cured or removed. If such defects are not cured or removed within thirty (30) days, Buyer may terminate this Agreement or may, at Buyer's election, take the title as it then is with the right to deduct from the Purchase Price liens or encumbrances of a definite or ascertainable amount by giving written notice of such election to Seller and tendering performance on Buyer's part. 3.3.2 All legal and governmental laws, statutes, rules, regulations, ordinances, and restrictions or requirements concerning the use and development of the Property, including but not limited to approval of this Agreement by the Oversight Board and approval of the Property Plan, including disposition of the Property to Buyer, by DOF. 3.3.3 The physical, legal, economic and environmental condition and aspects of the Property, and all other matters concerning the conditions, use, sale or development of the Property, including any permits, licenses, engineers’ reports and studies and similar information DevSrv:\Oxford Suites-McDonalds\McDonalds\Purchase Sale Joint Escrow Agreement 6 of 21 OAK #4831-5557-9409 v4_eb relating to the Property. Such examination of the condition of the Property may include examinations for the presence or absence of Hazardous Materials, as defined below, as Buyer deems necessary or desirable. The term “Hazardous Materials” means any and all substances, contaminants, chemicals, wastes, sewage, materials or emissions which are now or hereafter regulated, controlled, prohibited or otherwise affected by any present or future local, state or federal statute, ordinance, code, rule, regulation, order, decree, permit or other law now or hereafter in effect, including but not limited to (i) asbestos (including asbestos-containing materials); (ii) flammable, explosive, infectious, carcinogenic, mutagenic, or radioactive materials; (iii) petroleum or any substance containing or consisting of petroleum hydrocarbons (including gasoline, diesel fuel, motor oil, waste oil, grease or any other fraction of crude oil); (iv) paints and solvents; (v) lead; (vi) cyanide; (vii) DDT; (viii) printing inks; (ix) acids; (x) pesticides; (xi) ammonium compounds; (xii) polychlorinated biphenyls; (xiii) radon and radon gas; and (xiv) electromagnetic or magnetic materials, substances or emissions. 3.3.4 Any easements and/or access rights affecting the Property. 3.3.5 Any contracts and other documents or agreements affecting the Property. 3.3.6 All other matters of material significance affecting the Property. Within ten (10) business days of the Effective Date, Seller shall deliver or make available to Buyer copies of all governmental reports, notices, soils tests, environmental reports, plans, surveys, engineering reports, and any other material documents, information and data relative to the Property that are in Seller’s possession or under Seller’s control (“Seller Materials”). Prior to expiration of the Due Diligence Period Buyer shall provide written notice to Seller that it has approved or disapproved the physical, legal, economic and environmental condition and aspects of the Property, and all other matters concerning the legal status, condition, use, sale or development of the Property as set forth above in its sole and absolute discretion. If Buyer fails to notify Seller on or before the last day of the Due Diligence Period, that Buyer has approved the Property as provided above, Buyer shall be deemed to have elected to terminate this Agreement. BUYER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT SELLER IS SELLING AND BUYER IS PURCHASING THE PROPERTY ON AN “AS IS WITH ALL FAULTS” BASIS, CONDITION AND STATE OF REPAIR INCLUSIVE OF ALL FAULTS AND DEFECTS, WHETHER KNOWN OR UNKNOWN, AS MAY EXIST AS OF THE CLOSING, INCLUDING THE ENVIRONMENTAL CONDITIONS DESCRIBED ABOVE (“AS IS CONDITION”) AND THAT, EXCEPT AS EXPRESSLY SET FORTH IN SECTION 3.1.5 ABOVE, BUYER IS NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES FROM SELLER, ITS AGENTS, OR BROKERS AS TO ANY MATTERS CONCERNING THE PROPERTY. Section 3.4 Disclaimers and Releases. Buyer acknowledges and agrees that: (i) the condition of the Property will be independently evaluated by Buyer during the Buyer’s Due Diligence Period; and (ii) any DevSrv:\Oxford Suites-McDonalds\McDonalds\Purchase Sale Joint Escrow Agreement 7 of 21 OAK #4831-5557-9409 v4_eb information including Seller Materials were and are furnished without warranty of any kind except as expressly provided in Section 3.1 and on the express condition that Buyer will make its own independent verification of the accuracy, reliability and thoroughness of such information and that to the extent Buyer opts to rely on such Seller Materials, Buyer will do so at its sole risk. Buyer hereby releases Seller from any and all manner of rights, liabilities, claims, actions, causes of action, suits, proceedings, demands, damages, costs, expenses (including attorney’s fees and costs) or other compensation whatsoever, in law or equity, of whatever kind or nature, whether known or unknown, direct or indirect, foreseeable or unforeseeable, absolute or contingent that Buyer now has or may have or which may arise in the future arising out of, directly or indirectly, or in any way connected with (i) all warranties of whatever type or kind with respect to the physical or environmental condition of the Property, whether express, implied or otherwise, including those of fitness for a particular purpose or use; (ii) the physical, environmental or other condition of the Property; (iii) the application of, compliance with or failure to comply with any Applicable Laws; (iv) Hazardous Materials; and (v) the As Is Condition (the foregoing are collectively referred to as “Claims”). Buyer acknowledges and agrees that it understands that factual matters now unknown to it may have given or may hereafter give rise to Claims that are presently unknown, unanticipated and unsuspected, and Buyer further acknowledges and agrees that the releases herein have been negotiated and agreed upon in light of that realization and that Buyer nevertheless intends to release, discharge and acquit Seller from any such unknown Claims. Notwithstanding any other provision hereof to the contrary, the foregoing waiver and release (and the term “Claims”) shall exclude those losses, liabilities, damages, costs or expenses, and claims therefor, arising from or attributable to: (a) a material matter actually known to Seller that is (1) not disclosed to Buyer, and (2) not discovered by Buyer prior to the Closing; (b) any breach by Seller of its representations or warranties under this Agreement; and/or (c) any breach by Seller of its obligations under this Agreement. The provisions of this Section 3.4 are a material portion of the consideration given by each party to the other in exchange for such party’s performance under this Agreement and shall survive the Closing. ARTICLE 4 TITLE Section 4.1 Condition of Title. At the Closing, Seller shall convey title to the Property to Buyer by grant deed in a form substantially similar to that attached hereto as Exhibit B (“Grant Deed”), free of any possession or right of possession by any person except that of Buyer and subject only to those exceptions disclosed in the Title Policy and approved by Buyer. Section 4.2 Evidence of Title. Delivery of title in accordance with the foregoing shall be evidenced by the irrevocable commitment of First American Title Insurance Company, at 8182 Maryland Avenue, Suite 400, Clayton, MO, 63105 (“Title Company”) to issue, at Closing, its Owner’s ALTA DevSrv:\Oxford Suites-McDonalds\McDonalds\Purchase Sale Joint Escrow Agreement 8 of 21 OAK #4831-5557-9409 v4_eb Policy of Title Insurance in an amount reasonably acceptable to Buyer showing fee title to the Property vested in Buyer, free and clear of all recorded liens, encumbrances, leases and taxes except as are consistent with this Agreement, and with such endorsements as may be requested by Buyer (“Title Policy”). Buyer shall be responsible for paying all costs of obtaining all title policies and endorsements described herein. ARTICLE 5 BROKERS AND EXPENSES Section 5.1 Brokers. The parties represent and warrant to each other that no broker or finder was instrumental in arranging or bringing about this transaction. If any person brings a claim for a commission or finder’s fee based upon any contact, dealings or communication with Buyer or Seller, then the party through whom such person makes his or her claim shall defend the other party (“Indemnified Party”) from such claim, and shall indemnify the Indemnified Party and hold the Indemnified Party harmless from any and all costs, damages, claims, liabilities or expenses (including without limitation, reasonable attorneys’ fees and disbursements) incurred by the Indemnified Party in defending against the claim. The provisions of this Section 5.1 shall survive the Closing or other termination of this Agreement. ARTICLE 6 CLOSING AND ESCROW Section 6.1 Escrow Instructions. Within ten (10) days following execution of this Agreement, the parties shall open escrow and deposit an executed counterpart of this Agreement with the Title Company, and this instrument shall serve as the instructions to the Title Company as the escrow holder for consummation of the purchase and sale contemplated hereby. Seller and Buyer agree to execute such reasonable additional and supplementary escrow instructions as may be appropriate to enable the Title Company to comply with the terms of this Agreement; provided, however, that in the event of any conflict between the provisions of this Agreement and any supplementary escrow instructions, the terms of this Agreement shall control. Section 6.2 Closing. 6.2.1 “Closing” means the consummation of the purchase and sale of the Property as described herein as evidenced by the performance by each party of its obligations hereunder, including the Title Company’s recordation and delivery of the Grant Deed, delivery of the documents as set forth in this Agreement, Title Company’s irrevocable and unconditional commitment to issue the Title Policy upon recordation of the Grant Deed, and the payment of the Purchase Price by Buyer. 6.2.2 The Closing hereunder shall be held and delivery of all items to be made at the Closing under the terms of this Agreement shall be made at the offices of the Title Company on the date which is within thirty (30) days of completion of all conditions precedent to conveyance as set forth in Article II, but in no event later than December 15, 2015 (“Outside DevSrv:\Oxford Suites-McDonalds\McDonalds\Purchase Sale Joint Escrow Agreement 9 of 21 OAK #4831-5557-9409 v4_eb Closing Date”). Except as expressly provided above, the Outside Closing Date may not be extended without the prior written approval of both the Seller’s and Buyer’s signatories to this Agreement. Section 6.3 Deposit of Documents. 6.3.1 At or before the Closing, Seller shall deposit into escrow the following items: (a) Documentary transfer taxes and Seller’s customary share of the normal prorations; (b) Documentation of a credit towards the Purchase Price in the amount of the Good Faith Deposit; (c) the duly executed and acknowledged Grant Deed conveying the Property to Buyer; (d) an affidavit pursuant to Section 1445(b)(2) of the Internal Revenue Code, and on which Buyer is entitled to rely, that Seller is not a “foreign person” within the meaning of Section 1445(f)(3) of the Internal Revenue Code; and (e) California 597-W Certificate. 6.3.2 At or before Closing, Buyer shall deposit into escrow the funds necessary to close this transaction, including the Purchase Price, adjusted by a credit towards the Purchase Price in the amount of the Good Faith Deposit, any normal prorations, the Title Policy premium, all escrow fees and recording charges, all other closing costs, and the estimated amount of Seller’s administrative costs, including staff time, and legal expenses associated with the transfer of the Property, to the extent such costs have not previously been reimbursed to Seller by Buyer as of the Closing (collectively, “Seller’s Administrative Costs”). In the event that the actual amount of Seller’s Administrative Costs exceeds the estimated amount deposited prior to Closing, Buyer shall reimburse Seller the difference within thirty (30) days of receiving notice and documentation of the actual costs. In the event that the actual amount of Seller’s Administrative Costs is less than the estimated amount deposited prior to Closing, Seller shall refund the difference to Buyer within thirty (30) days of Closing. Seller and Buyer shall each deposit such other instruments as are reasonably required by the Title Company or otherwise required to close the escrow and consummate the purchase and sale transaction in accordance with the terms hereof. Seller and Buyer hereby designate Title Company as the “Reporting Person” for the transaction pursuant to Section 6045(e) of the Internal Revenue Code and the regulations promulgated thereunder and agree to execute such documentation as is reasonably necessary to effectuate such designation. 6.3.3 Buyer shall be solely responsible for paying the following costs associated with the transfer of the Property: (i) the premium for the Title Policy, including any endorsements; (ii) all escrow fees and recording charges, (iii) Buyer’s customary share of other normal prorations; (iv) all other closing costs; (v) all of Buyer’s due diligence expenses; and (vi) DevSrv:\Oxford Suites-McDonalds\McDonalds\Purchase Sale Joint Escrow Agreement 10 of 21 OAK #4831-5557-9409 v4_eb Seller’s administrative costs, including staff time, and legal expenses associated with the transfer of the Property. Seller shall be solely responsible for paying the following costs associated with the transfer of the Property: (i) documentary transfer taxes and (ii) Seller’s customary share of normal prorations. 6.3.4 Ad valorem taxes and assessments, if any, on the Property, levied, assessed or imposed for any period commencing prior to conveyance of title shall be borne by Seller. All ad valorem taxes and assessments levied or imposed for any period commencing after Closing shall be paid by Buyer. 6.3.5 The provisions of this Section 6.3 shall survive the Closing. Section 6.4 Indemnity. Buyer shall indemnify, defend (with counsel reasonably acceptable to Seller), protect and hold Seller and City, and its and their officers, employees, agents and representatives, harmless from, all claims, demands, damages, defense costs or liability of any kind or nature relating to Buyer’s performance and activities in connection with the implementation hereof, including any damages to property or injuries to persons, including accidental death (including reasonable attorneys fees and costs), whether such activities or performance thereof be by Buyer or by anyone directly or indirectly employed or contracted with by Buyer and whether such damage shall accrue or be discovered before or after termination of this Agreement. Buyer's indemnity obligations under this Section 6.4 shall not extend to claims, demands, damages, defense costs or liability for property damage, bodily injury or death occasioned by the sole negligence or willful misconduct of Seller or the City, or its or their officers, employees, agents or representatives, and in no event shall Buyer have any liability or responsibility for any discovery or disturbance of any pre-existing Hazardous Materials affecting the Property, which discovery or disturbance resulted from or related to any non-negligent invasive testing done on or in the Property by or on behalf of Buyer with the consent of Seller. ARTICLE 7 MISCELLANEOUS Section 7.1 Notices. Any notices required or permitted to be given hereunder shall be given in writing and shall be delivered (a) by certified mail, postage prepaid, return receipt requested, or (b) by a commercial overnight courier that guarantees next day delivery and provides a receipt, and such notices shall be addressed as follows: To Seller: Successor Agency to the Community Development Commission of the City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928 Attention: City Manager With a copy to: Burke Williams & Sorensen, LLP 1901 Harrison Street, 9th Floor Oakland, California 94612 Attention: Karen Murphy DevSrv:\Oxford Suites-McDonalds\McDonalds\Purchase Sale Joint Escrow Agreement 11 of 21 OAK #4831-5557-9409 v4_eb To Buyer: McDonald’s Corporation One McDonald’s Plaza Oak Brook, IL 60523 LC: 004-3309 Attention: US Legal – Dept. #091 With a copy to: 299 Oak Road, Suite 900 Walnut Creek, CA 94597 Attention: Development Director, LC: 004-3309 or to such other address as either party may from time to time specify in writing to the other party. Any notice shall be effective only upon delivery or refusal to accept delivery by the intended recipient. Section 7.2 Assignments; Successors and Assigns. Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party. Subject to the provisions of this Section 7.2, this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. No assignment shall release the assigning party from its obligations or liabilities hereunder accruing prior to the date of such assignment. Section 7.3 Right of Entry. Prior to the Effective Date, Seller has provided, and after the Effective Date shall continue to provide, Buyer with reasonable access to the Property and the records of Seller relating thereto. Without limiting the foregoing, prior to any entry to perform any invasive on- site testing, Buyer shall give Seller written notice thereof, including the identity of the company or persons who will perform such testing and the proposed scope of the testing. Seller or its representative may be present to observe any testing (whether or not invasive) or other inspection performed on the Property. Buyer shall maintain, and shall assure that its contractors maintain public liability and property damage insurance in amounts and in form and substance adequate to insure against all liability of Buyer and its agents, employees or contractors, arising out of any entry or inspections of the Property pursuant to the provisions hereof, and Buyer shall provide Seller with evidence of such insurance coverage upon request by Seller. Buyer shall indemnify and hold Seller harmless from and against any costs, damages, liabilities, losses, expenses, liens or claims (including, without limitation, reasonable attorney’s fees), arising out of or relating to any entry on the Property by Buyer, its agents, employees or contractors in the course of performing the inspections, testings or inquiries provided for in this Agreement. Buyer agrees to keep the Property free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Buyer or Buyer’s agents, employees or contractors with respect to any inspection or investigation of the Property. If any such lien at any time shall be filed, Buyer shall cause the same to be discharged of record within ten (10) days thereafter by satisfying the same or, if Buyer, in its discretion and in good faith determines that such lien should be contested, by recording a bond or providing title insurance insuring over such lien. Failure by Buyer to discharge or bond over or provide title insurance over such lien shall be a DevSrv:\Oxford Suites-McDonalds\McDonalds\Purchase Sale Joint Escrow Agreement 12 of 21 OAK #4831-5557-9409 v4_eb material breach of this Agreement and Seller may terminate this Agreement and pursue such other rights and remedies against Buyer as may be available at law or in equity. Buyer’s indemnity obligations under this Section 7.3 shall survive the Closing or other termination of this Agreement. Section 7.4 Default; Remedies. The failure by any party to perform any obligation under this Agreement, if the failure has continued for a period of thirty (30) days after the other party demands in writing that the defaulting party cure the failure, shall be deemed a default hereunder. If, however, by its nature the failure cannot be cured within thirty (30) days, the defaulting party may have a longer period as is necessary to cure the failure, in any event not to exceed sixty (60) days, provided, however, such extended cure period shall be conditioned upon the defaulting party promptly commencing to cure within the thirty (30) day period and thereafter diligently completing the cure. Upon the occurrence of an event of default by Buyer, Seller, subject to the terms of Section 1.4, shall be entitled to retain the Good Faith Deposit as liquidated damages. Upon the occurrence of an event of default by Seller, Buyer may either institute an action for specific performance or other equitable relief to compel sale of the Property to Buyer on the terms set forth herein or Buyer may opt to terminate this Agreement by written notice to Seller in which case the Good Faith Deposit shall be immediately returned to Buyer upon unilateral demand to the Title Company. Except as provided in Section 1.4, neither party shall be entitled to any monetary damages, and each party hereby waives any and all rights to recover consequential or special damages arising directly or indirectly from a breach of this Agreement by the other party. Section 7.5 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to its choice of laws rules. Section 7.6 Interpretation of Agreement. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. The article, section and other headings of this Agreement are for convenience of reference only and shall not be construed to affect the meaning of any provision contained herein. Where the context so requires, the use of the singular shall include the plural and vice versa and the use of the masculine shall include the feminine and the neuter. The term “person” shall include any individual, partnership, joint venture, corporation, trust, unincorporated association, any other entity and any government or any department or agency thereof, whether acting in an individual, fiduciary or other capacity. The words “include” and “including” shall in all instances be interpreted as though followed by the words “without limitation.” DevSrv:\Oxford Suites-McDonalds\McDonalds\Purchase Sale Joint Escrow Agreement 13 of 21 OAK #4831-5557-9409 v4_eb Section 7.7 Amendments. This Agreement may be amended or modified only by a written instrument signed by Buyer and Seller and duly authorized by the governing body of the Successor Agency, and such other entities as may be required by the Dissolution Act. Section 7.8 No Partnership. The relationship of the parties hereto is solely that of seller and buyer with respect to the Property and no joint venture, other partnership or agency relationship exists between the parties hereto. Neither party has any fiduciary relationship hereunder to the other. Section 7.9 No Third Party Beneficiary. The provisions of this Agreement are not intended to benefit any third parties. Section 7.10 Joint and Several Liability. If Buyer consists of more than one person or entity the liability of such persons and entities shall be joint and several. Section 7.11 Limitation of Liability. Buyer acknowledges and agrees that City is entering into this Agreement solely in its capacity as Successor Agency to the CDC, the Successor Agency is a separate legal entity from the City of Rohnert Park, the liabilities of Successor Agency are payable exclusively from property tax revenues that Successor Agency may receive from time to time pursuant to the Dissolution Act and the City of Rohnert Park, a municipal corporation, shall have no liability to Buyer in the event of any default or breach by Successor Agency, or for any amount which may become due to Buyer or its successors, or on any obligations under the terms of this Agreement. Buyer further acknowledges and agrees that no member, official or employee of Successor Agency or City shall be personally liable to Buyer, or any successor in interest, in the event of any default or breach by Successor Agency, or for any amount which may become due to Buyer or its successors, or on any obligations under the terms of this Agreement. Seller acknowledges and agrees that no member, officer, employee director, member, manager, agent or consultant of Buyer shall be personally liable to Seller, or any successor in interest, in the event of any default or breach by Buyer, or for any amount which may become due to Seller or its successors, or on any obligations under the terms of this Agreement. Section 7.12 Recordation; Actions to Clear Title. Prior to Closing Buyer shall not record this Agreement, any memorandum of this Agreement, any assignment of this Agreement or any other document which would cause a cloud on the title to the Property. If Buyer fails to complete its purchase of the Property for any reason, or if this Agreement shall terminate for any reason not solely due to Seller’s default hereunder, then Buyer, at no cost to Seller, shall promptly execute, acknowledge and deliver to Seller, all within thirty (30) days after written request from Seller, a quitclaim deed, in recordable form, in favor of Seller, and any other documents requested by Seller to remove any cloud on title to the DevSrv:\Oxford Suites-McDonalds\McDonalds\Purchase Sale Joint Escrow Agreement 14 of 21 OAK #4831-5557-9409 v4_eb Property that may exist as the result of the existence of this Agreement or any escrow relating to this Agreement. In the event Buyer fails to so execute and deliver any such document, Buyer shall pay all losses, damages, costs and expenses, including, but not limited to, Seller’s reasonable attorneys’ fees, incurred in connection with Buyer’s breach of its obligations under this Section 7.12, including interest, carrying costs associated with the Property from the date of Buyer’s failure to comply with this Section 7.12 and costs of clearing any such cloud on title. Section 7.13 Severability. If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, to any extent shall be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and in no way shall be affected, impaired or invalidated thereby; except that if the court which determines the provision to be invalid also determines such provision to be of such materiality as to make enforcement of the remaining terms inequitable, then this Agreement shall terminate. Section 7.14 Waiver of Covenants, Conditions or Remedies. The waiver by one party of the performance of any covenant, condition or promise under this Agreement shall not invalidate this Agreement, nor shall it be considered a waiver by it of any other covenant, condition or promise under this Agreement. The waiver by either or both parties of the time for performing any act under this Agreement shall not constitute a waiver of the time for performing any other act or an identical act required to be performed at a later time. The exercise of any remedy provided in this Agreement shall not be a waiver of any consistent remedy provided by law, and the provision in this Agreement for any remedy shall not exclude other consistent remedies unless they are expressly excluded. Section 7.15 Termination. This Agreement may be terminated: (i) by Buyer, if prior to expiration of Buyer’s Due Diligence Period, Buyer elects not to proceed with purchase of the Property; (ii) by Buyer, if prior to Closing Buyer’s Conditions Precedent to Conveyance have not been satisfied or waived; (iii) by Seller, if prior to Closing Seller’s Conditions Precedent to Conveyance have not been satisfied or waived; (iv) if there is an uncured default, by written notice from the party not in default pursuant to Section 7.4; (v) if there is a failure of an express condition (which is not waived by the party whom the condition benefits) by written notice from the party whom the condition benefits; or (vi) by either party if escrow fails to close by the Outside Closing Date set forth in Section 6.2.2. The party wishing to terminate the Agreement must provide the other party with written notice of termination. Section 7.16 Cooperation in the Event of Third-Party Legal Challenge. Seller and Buyer shall cooperate in the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of this Agreement. To the extent that Buyer determines to contest such litigation challenges, Buyer shall reimburse Seller and City, within ten (10) days following Seller's written demand therefor which may be DevSrv:\Oxford Suites-McDonalds\McDonalds\Purchase Sale Joint Escrow Agreement 15 of 21 OAK #4831-5557-9409 v4_eb made from time to time during the course of such litigation, all costs incurred by Seller and City in connection with the litigation challenge, including Seller and City's administrative, legal and court costs, provided that Seller and City shall either: (a) elect to joint representation by Buyer's counsel; or (b) retain an experienced litigation attorney, require such attorney to prepare and comply with a litigation budget, and present such litigation budget to Buyer prior to incurring obligations to pay legal fees in excess of $5,000. Buyer further agrees to indemnify and hold Seller and City harmless from and against any and all claims for recovery of the third party's litigation expenses, including attorney's fees. If Buyer elects, in its sole and absolute discretion, not to contest such litigation challenges, then neither Seller nor City shall have any obligation to contest such challenges. Section 7.17 Time. Time is of the essence in the performance of each of the parties’ respective obligations contained herein. Section 7.18 Entire Agreement. This Agreement, including the Exhibits hereto, contains all representations, warranties and covenants made by Buyer and Seller and constitutes the entire understanding between the parties hereto with respect to the subject matter hereof. Any prior correspondence, memoranda or agreements are replaced in total by this Agreement together with the Exhibits hereto. Section 7.19 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Section 7.20 Exhibits. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement. [SIGNATURES ON FOLLOWING PAGE] DevSrv:\Oxford Suites-McDonalds\McDonalds\Purchase Sale Joint Escrow Agreement 16 of 21 OAK #4831-5557-9409 v4_eb IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date. SELLER: BUYER: Successor Agency to the Community Development Commission of the City of Rohnert Park, a public body established pursuant to the laws of the State of California McDonald’s Corporation, a Delaware corporation By: By: Darrin Jenkins Name: City Manager, City of Rohnert Park Per Resolution No. 2015-____ adopted by the Rohnert Park City Council at its meeting of September 8, 2015. Title: ______________________________ ATTEST: By: Eydie Tacata Oversight Board Clerk APPROVED AS TO FORM: By: Elizabeth Ann Strauss Oversight Board Counsel DevSrv:\Oxford Suites-McDonalds\McDonalds\Purchase Sale Joint Escrow Agreement 17 of 21 Exhibit A to Grant Deed DESCRIPTION OF THE PROPERTY THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, couNTY oF soNoMA, DESCRTBED AS FOLLOWS: AIt that certain real property situafe in the Cþ of Roúnert Park, County of Sonorn4 State of Californie being a portion of the lands of the CITY OF ROHNERT PARIÇ a Muricipal Coçorafion, descdbed in that c€rtain Ofi¡It Ðeed recorded June 16 1988 under Dooument Nt¡nbe,r 88048420, being a pottion of I¡t or fann nunbered One Hudred and Sixty-Three (163) of Sa¡úa RosaFarnos Subdivision No. 2, as designated on the plat thereof filed inthe office of the Comty Reco¡der of the Cormty of Sonoma, State of Califomia on March 7,l9l0 in Book. 21 of Maps, Page l4 being more particulæly desoribed as folloh¡s: That portion of said Lot or farnr nudbered One Hun&ed and Sixty-Three (163) þing westerty of the westerþ right of way of Redwood D¡ive as said Redwood Ðrive is shown on th¿t certain map'' titled RECORD OF SURYEY OFREDWOOD ÐRI\{E REALIGNMENT filed January 18, 1990' in Book 45I of Maps at Page 5 in said office çf the County Recorder, said portion being shoum on that ce¡bain RECORD OF SUR\IEY filed January 8,1992in Book 488 of MapB at Page20 in said offce ofthe County Recorder and being further described as follows: BEGINNING rt the northwesterly comer of said lands; the,nce souúerly, along the westerly line of said lands, South 00o06'04"Wesq 280,23 fÊotto the westerþ right of way of Redwood Drivg þeÍng a point of ctisp on a su¡\¡e concave southeasûøl¡ having a radir¡s of 551.00 feeg thence nolteasterly along said westerþ right of way from a taageart that bears North 00o06'04'East, tbrough a cçutral mgte of 30o31'0?" an arc diståûce of 293.49 fest to the northerþ line of said' landp; thence wosterl¡ along saíd northerþ line, North 89"34'5ó"Wes\76.33 feetto tbe POINT OF BEGINNING. Qsüilainir¡g 0. 16 acres, moro ø less. APN:045-081-007 DevSrv:\Oxford Suites-McDonalds\McDonalds\Purchase Sale Joint Escrow Agreement 18 of 21 DevSrv:\Oxford Suites-McDonalds\McDonalds\Purchase Sale Joint Escrow Agreement 19 of 21 EXHIBIT B OAK #4831-5557-9409 v4_eb EXHIBIT B FORM OF GRANT DEED RECORDING REQUESTED BY ______________ Title Insurance Company AND WHEN RECORDED MAIL TO: ____________________________ ____________________________ ____________________________ Attention: ___________________ (Space Above This Line for Recorder’s Use Only) [Exempt from recording fee per Gov. Code § 27383] GRANT DEED For valuable consideration, the receipt of which is hereby acknowledged, The SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK, a public body established under the laws of the State of California (“Grantor”), hereby grants to McDonald’s Corporation, a Delaware corporation (“Grantee”), all of Grantor’s right, title, and interest in the real property described in Attachment 1 attached hereto and incorporated herein (“Property”). GRANTOR: Successor Agency to the Community Development Commission of the City of Rohnert Park, a public body established pursuant to the laws of the State of California By: [FORM – DO NOT EXECUTE] Darrin Jenkins [signature must be notarized] City Manager, City of Rohnert Park ATTEST: By: JoAnne Buergler, City Clerk APPROVED AS TO FORM: By: Michelle Marchetta-Kenyon, City Attorney DevSrv:\Oxford Suites-McDonalds\McDonalds\Purchase Sale Joint Escrow Agreement 20 of 21 OAK #4831-5557-9409 v4 ATTACHMENT 1 TO EXHIBIT B PROPERTY DESCRIPTION [to be inserted] DevSrv:\Oxford Suites-McDonalds\McDonalds\Purchase Sale Joint Escrow Agreement 21 of 21 1 Meeting Date: September 8, 2015 Department: Development Services Submitted By: Mary Grace Pawson, Acting Director of Development Services Prepared By: Art da Rosa, Deputy City Engineer Agenda Title: Consideration of Adoption of a Resolution Authorizing and Approving a Third Addendum to the Mitigated Negative Declaration for the Eastside Trunk Sewer Phase III and Snyder Lane Widening Project (Project 2014-01) RECOMMENDED ACTION: Adopt a Resolution Authorizing and Approving a Third Addendum to the Mitigated Negative Declaration for the Eastside Trunk Sewer Phase III and Snyder Lane Widening Project (Project 2014-01). BACKGROUND: An existing waterline on Snyder Lane must be relocated, which will include crossing the Copeland Creek Bridge. Due to the fact that the bridge was designed without a waterline, staff plans to hang the waterline onto the side of the bridge. In 2006, the City prepared and adopted a Mitigated Negative Declaration for the Eastside Trunk Sewer Project, which included the widening of Snyder Lane from East Cotati Avenue north to Jasmine Circle. The Mitigated Negative Declaration did not include an analysis of a waterline attached to the Copeland Creek Bridge. However, due to the fact that the change in the Project is minor, an Addendum to the Mitigated Negative Declaration or CEQA Addendum can be prepared to address the proposed change. Staff has asked our consultant to prepare the CEQA Addendum detailing the nature of the change and the overall impact of the change. ANALYSIS: As stated in the CEQA Addendum, the relocation of the waterline would be a minor change and not change the overall scope of the Project. Accordingly, and because this minor change does not involve new significant environmental impacts or cause a substantial increase in the severity of a previously identified significant environmental impact, the Addendum is the appropriate manner to address the proposed relocation of the waterline. OPTIONS CONSIDERED: None considered. FISCAL IMPACT/FUNDING SOURCE: The filing of the CEQA Addendum will not increase the cost of the project. However, the cost of relocating the waterline will. Staff will return and report to the Council on a future date of the cost associated with the proposed waterline relocation. 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 2 Department Head Approval Date: 08-12-2015 City Manager Approval Date: 08-25-2015 City Attorney Approval Date: 08-24-2015 Attachments (list in packet assembly order): A. Resolution Authorizing and Approving a Third Addendum to the Mitigated Negative Declaration for the East Side Trunk Sewer Phase III and Snyder Lane Widening Project (Project 2014-01) B. Eastside Trunk Sewer Addendum 1 2015- RESOLUTION NO. 2015 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING A THIRD ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION FOR THE EASTSIDE TRUNK SEWER PHASE III AND SNYDER LANE WIDENING PROJECT (PROJECT 2014-01) WHEREAS, an existing waterline on Snyder Lane will need to be relocated; and WHEREAS, the relocated waterline will be hung onto the side of the Copeland Creek Bridge; and WHEREAS, the City prepared and approved a Mitigated Negative Declaration (“MND”) for the Eastside Trunk Sewer Project, with included the widening of Snyder Lane from East Cotati Avenue north to Jasmine Circle environmental document has been prepared and approved on the Mitigated Negative Declaration level; and WHEREAS, the MND does not address the relocated waterline, but the relocated waterline would be located within the Project’s footprint and construction boundary; and WHEREAS, an addendum to an adopted MND can be prepared for minor changes to the project; and WHEREAS, hanging the relocated waterline from Copeland Creek Bridge would be a minor change, would not involve new significant environmental effects or substantial increase in the severity of previously identified environmental effects, and thus appropriate for analysis through an addendum to the earlier MND; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park as follows: 1. A California Environmental Quality Act (“CEQA”) Draft Mitigated Negative Declaration was prepared for the project on April 28, 2006 and the Notice of Determination was filed for the project with the Sonoma County Clerk on August 11, 2006. An Addendum to the Adopted 2006 Mitigated Negative Declaration was approved on February 9, 2007 to include Snyder Lane Widening. A second Addendum to the Adopted 2006 Mitigated Negative Declaration was approved on April 28, 2015 to address small modifications to the project that were made during final design. This third Addendum has been prepared to address the minor change to the project resulting from hanging the relocated waterline from the Copeland Creek Bridge. The Council has determined, based on substantial evidence in the record, that the Eastside Trunk Sewer Phase 3 and Snyder Lane Widening Project was fully analyzed and approved in the aforementioned MND, NOD, First Addendum, and Second Addendum. This is a subsequent action in furtherance of the approved project and no further environmental review is required. Pursuant to CEQA 2 2015- Guidelines Section 15162, the Council finds that (1) no substantial changes are proposed to the project; (2) no significant new environmental effects and no substantial increase in severity of previously identified effects will occur; (3) no new information of substantial importance shows that the project will have new significant or more severe effects; (4) no previously identified mitigation measures or alternatives have become feasible; and (5) no different mitigation measures or alternatives would substantially reduce a significant effect on the environment. 2. The Third Addendum to the Adopted Mitigated Negative Declaration, attached to the Staff Report as Attachment B and incorporated herein by reference, is hereby approved and adopted. DULY AND REGULARLY ADOPTED this 8th day of September, 2015. CITY OF ROHNERT PARK ____________________________________ Amy O. Ahanotu, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk Attachment: Third Addendum to the Adopted Mitigated Negative Declaration CALLINAN: _________ MACKENZIE: _________ STAFFORD: _________ BELFORTE: _________ AHANOTU: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) 1 GHD Inc. 2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd.com W www.ghd.com August 12, 2015 To: Mary Grace Pawson and Artur da Rosa, City of Rohnert Park From: GHD Inc. Tel: 707-523-1010 Subject: Eastside Trunk Sewer Phase 3/Snyder Lane Widening Phase 1 CEQA Addendum Introduction and Summary In 2006, an Initial Study/Mitigated Negative Declaration (IS/MND) (State Clearinghouse No. 2006042169) was prepared for the City of Rohnert Park’s (City) Eastside Trunk Sewer (ESTS) Project, which included the widening of Snyder Lane from East Cotati Avenue north to Jasmine Circle. The City Council adopted the MND at its noticed public hearing on July 11, 2006 (referred to herein as the “adopted 2006 MND”). Subsequent to the adoption of the MND, the City opted to extend the widening of Snyder Lane north from Jasmine Circle to Medical Center Drive. This additional Project activity included improvements to all four legs of Snyder Lane’s intersection with Rohnert Park Expressway. These activities were reviewed pursuant to CEQA in an addendum to the adopted 2006 MND. That addendum was adopted by the City on February 9, 2007 (i.e., 2007 Addendum). A second addendum was adopted in April 2015 (i.e., April 2015 Addendum), which addressed changes to the initial project and those reviewed in the 2007 Addendum, including improvements to the Snyder Lane bridge headwalls on the west side; widening of Snyder Lane from Medical Center Drive to Parkway Drive; revised design of the ingress/egress at the Rancho Cotate High School Parking lot; and inclusion of a PG&E natural gas/electrical utility undergrounding project. The City is now proposing to relocate an existing 8-inch water line as part of the ESTS Project (see Appendix A for design plan sheets). While this would not increase the Project’s footprint or construction area boundary, this was not contemplated in the adopted 2006 MND or subsequent Addenda. Additionally, a portion of the relocated water line would be located within federal and State resource agency jurisdiction. Therefore, the City has opted to prepare this Addendum to the adopted 2006 MND to analyze relocation of the water line pursuant to the requirements of the California Environmental Quality Act (CEQA), as discussed below. Applicability and Use of an Addendum The City has prepared this Addendum in accordance with Sections 15162, 15164, and 15074.1 of the CEQA Guidelines. The purpose of this Addendum is to revise technical information resulting from modifications to the Project and to revise mitigation measures. CEQA Guidelines Section 15164 provides that an addendum is the appropriate level of CEQA analysis when the circumstances defined in Guidelines Section 15162 calling for preparation of a subsequent 2 MND do not occur. An addendum to an adopted MND may be prepared only if minor technical changes or additions are necessary and none of the conditions described in Section 15162 calling for a subsequent MND have occurred. The change in environmental impacts due to the modified Project has been evaluated and measured against the standards set forth CEQA Guidelines Section 15162 to determine whether an addendum is appropriate or a subsequent MND is needed. The environmental analysis provided herein provides an examination of each of the CEQA resource issues. The conclusion is that none of the circumstances that would require a subsequent or supplemental MND is evident. Therefore, an addendum is the appropriate level of CEQA analysis and is the appropriate method of amending the MND adopted by the City in 2006. Through the analysis provided herein, the City has shown that the mitigation measures provided on the Project’s adopted 2006 MND would sufficiently address the modified elements of the ESTS Project discussed in this Addendum . This Addendum should be read together with the full text of the adopted 2006 MND, the 2007 Addendum, and the April 2015 Addendum for the ESTS Project. Even though modifications to the approved Project are minor, the modifications have been subjected to a detailed analytical process consistent with the 2006 MND. Project Description The City is proposing to relocate approximately 3,500 linear feet (LF) of an existing buried 8-inch water line approximately 4 feet to the east along Snyder Lane from Southwest Boulevard to Parkway Drive. The majority of the relocated water line would be buried within Snyder Lane, with a slight encroachment into the banks of Copeland Creek. Approximately 70 LF of the water line would daylight to cross the existing Copeland Creek Bridge via new pipe supports installed along the west side of the bridge. The existing 8- inch water line would be abandoned in place. Design and construction would comply with the California Department of Health Standards for potable water lines. Please refer to Appendix A for illustrations of the relocated water line. The relocated water line would be installed within the same construction area boundary identified in the adopted 2006 MND and subsequent Addenda. Installation of the water line along the bridge would occur from the bridge/roadway and would not require in-channel disturbance. No additional disturbance would occur to the Snyder Lane roadway, sidewalks, and the banks of Copeland Creek beyond that contemplated in the 2006 MND and subsequent Addenda. No additional trees would be removed. Construction would occur within the time frame identified in Section 3.2.5 of the April 2015 Addendum. The new water line would be installed via open trench construction, with a trench approximately 2 feet wide and 5 feet deep. Open trench construction methods would be similar to that described for other trenched components of the Project. Please refer to the discussion of “Open Trench Installation” on pages 8 and 9 of the adopted 2006 MND for a description of these construction activities. Construction equipment would be parked or staged on a previously used construction staging area north of the creek on the west side of Snyder Lane, as described in the April 2015 Addendum . No staging areas 3 would be placed in areas that may affect any riparian corridors or waters of the US or wetlands. If staging areas are placed in non-paved areas, they would not be used for more than one construction season and associated impacts would therefore be temporary in nature. Approvals Requested or Required Relocation of the water line would not change the scope of the Project’s current resource permitting effort. Required agency approvals are presented in Section 10 of the adopted 2006 MND. Environmental Analysis The City’s adopted 2006 MND, 2007 Addendum, and April 2015 Addendum evaluated the environmental issues included in the CEQA Guidelines Appendix G checklist present during that time and adopted by the City. These issues, plus those subsequently added to the Appendix G checklist (e.g., Forestry Resources) are re-evaluated in this Addendum for the proposed water line relocation. This evaluation identifies whether, with the proposed modification of the ESTS Project, any new significant impacts or substantially more severe impacts would occur beyond those identified in the prior documents. All mitigation measures identified in the adopted 2006 MND, 2007 Addendum, and April 2015 Addendum were incorporated into the project’s Mitigation Monitoring Program (MMP) and adopted by the City. The MMP mitigation measures also apply to the water line relocation evaluated in this Addendum and are attached as Appendix B. The environmental analysis of the potential impacts of the proposed water line relocation is described as follows. Aesthetics The majority of the relocated water line would be buried under Snyder Lane and not visible, with the exception of minor surficial appurtenances (e.g., valves, meters, etc.). Approximately 70 LF of the water line would be affixed to the west side of the bridge, at approximately the same elevation as the roadway. Therefore, it would be visible to pedestrians using the Copeland Creek trails. However, when viewed with the bridge, the presence of the water line would not alter the existing visual landscape. The impact would be less than significant and no new impacts have been identified. Agricultural and Forestry Resources, Mineral Resources, Public Services, Population and Housing, and Recreation The water line relocation is located along Snyder Lane; it would not impact agricultural or forested lands, result in the loss of mineral resources, induce population growth, increase the need for public services, displace homes or people, or deteriorate or require construction of new recreational facilities. The Project area is not located on agricultural or forested lands and is not located in a mineral resource recovery area or at a recreational facility. The relocated water line would not be increased in size and, therefore, would not expand water service such that it would 4 induce population growth. Therefore, the Project would not increase demand for public services, recreational facilities, or housing. No new impacts would occur. Air Quality and Greenhouse Gas Emissions Construction activities associated with water line relocation would be similar to those indicated in the adopted 2006 MND and subsequent Addenda, involving temporary emissions of reactive organic gases (ROG), nitrogen oxides (NOX), particulates less than 10 microns in size (PM10), and particulates less than 2.5 microns in size (PM2.5) from the use of construction equipment and vehicles. The modifications would not involve any new types of air emissions, contaminants, or odors as the construction methods and operations would be unchanged. The water line relocation would cause a very small increase in emissions over the projected overall two-year construction duration. Implementation of Mitigation Measures AIR-1 and AIR-2 would continue to mitigate these potential impacts to a less-than-significant level. Air quality impacts attributable to the relocated water line would not create new significant impacts, impacts of substantially greater severity, or the need for additional mitigation measures. The water line relocation would not be in conflict with any adopted policies in the City of Rohnert Park’s General Plan that support the reduction of GHG emissions, nor would it conflict with AB32 or its governing regulations. As indicated in CEQA Guidelines Section 15162(a)(3), there is no need to recirculate the MND due to GHG impacts, even though the MND did not evaluate GHG per se, because GHG issues were clearly known in 2006 and the MND and 2007 Addendum were adopted without such an evaluation. Therefore, this Addendum is the appropriate document to evaluate the GHG impacts of the water line relocation. Biological Resources In February 2015 (for the April 2015 Addendum), the California Department of Fish and Wildlife’s (CDFW) California Natural Diversity Database (CNDDB) and the U.S. Fish and Wildlife Services’ (USFWS) species list were consulted for potential records of special-status plant and animal species in the vicinity of the proposed Project. The results of the searches did not indicate a change from the information presented in the adopted 2006 MND and 2007 Addendum (CDFW 2015; USFWS 2015). In addition, no species-status plant species would potentially be affected by the modifications, as there is no habitat for rare plants. The water line relocation would not involve any new potential impacts on wetlands or waters not already anticipated for the Project because it is located within or along Snyder Lane, is within the previously evaluated construction area boundary, and would not require disturbance to the channel (as all work would be performed from the creek banks or from the bridge). Mitigation Measures BIO-1, BIO-3, and BIO-5 would continue to mitigate for temporary disturbances to the banks of Copeland Creek and nesting birds from the ESTS Project including water line relocation. No additional trees would be removed for the water line relocation. Other mitigation measures included in the adopted 2006 MND to protect biological resources would still be applicable during construction of the ESTS Project. Any potential 5 biological resource impacts attributable to the proposed water line relocation would not create new significant impacts, impacts of substantially greater severity, or the need for additional mitigation measures. Cultural Resources The potential impacts on documented and undocumented cultural resources in the Project vicinity were analyzed in the adopted 2006 MND. The file search did not reveal any known or potential cultural resources within the project limits. This was verified for the April 2015 Addendum, which covered an expanded Project area (NWIC 2015). Because the water line relocation does not extend the horizontal or vertical area of disturbance, no new disturbance to a known cultural or paleontological resource would occur. Mitigation Measures CR-1, CR-2, and CR-3 would continue to apply by providing archaeological monitoring and treatment of unanticipated finds during construction, including at staging areas. Potential cultural resource impacts attributable to the proposed water line relocation would not create new significant impacts, impacts of substantially greater severity, or the need for additional mitigation measures. Geology and Soils The relocated water line would be located entirely within areas previously studied in the 2006 MND and subsequent Addenda. There would be no new seismic or instability risks or erosion potential, since the proposed construction activities would be the same as those analyzed in the adopted 2006 MND and subsequent Addenda, and in the previously studied area. The water line would be designed and constructed in compliance with applicable regulations in the Uniform Building Code (UBC) and the recommendations of the 2014 geotechnical study prepared for the Project (RGH Consultants 2014). The risk of severe ground shaking, liquefaction, or seismically- induced landslides is considered less than significant, as application of the UBC would reduce risks as much as feasible in a seismically active area. Application of Mitigation Measure GEO-1 would also reduce any additional erosion risks during open trench construction to a less-than- significant level. Any potential geologic or soil impacts attributable to the water line relocation would not create new significant impacts, impacts of substantially greater severity, or the need for additional mitigation measures. Hazards and Hazardous Materials The proposed water line relocation would occur entirely in the area previously surveyed for the adopted 2006 MND and subsequent Addenda. A search of the Cortese list and associated files maintained by the State Water Resources Control Board was conducted for the April 2015 Addendum; this file search did not reveal any known hazardous material incident reports or known or potential sites recorded since 2007 within the expanded project limits (Cal EPA 2011; DTSC 2015; SWRCB 2015a, 2015b, 2015c). Therefore, the water line relocation is not anticipated to involve any disturbance to a known hazardous material site or create a new hazard. Mitigation Measures HAZ-1, HAZ-2, HAZ-3, and HAZ-5 addressing hazards and hazardous 6 materials would remain in force and reduce any potential impacts to a less-than-significant level. Also, construction in Snyder Lane would alter travel patterns in that area and could affect emergency vehicle access. Mitigation Measure HAZ-4 would reduce any potential adverse effects to a less-than-significant level. Any potential hazards impacts attributable to the water line relocation would not create new significant impacts, impacts of substantially greater severity, or the need for additional mitigation measures. Hydrology and Water Quality Water line relocation would not change the nature of water quality or groundwater impacts or significantly alter drainage patterns in the area, since the type of proposed construction activities and future use would be the same as analyzed in the adopted 2006 MND and subsequent Addenda. The water line relocation would not require in-channel work; all work would be performed from the creek banks or from the bridge itself. No new impervious surface is proposed beyond that contemplated in previous evaluations. Mitigation Measures GEO-1 and HAZ-2 would reduce any potential impacts to hydrology and water quality from open trenching or disturbance to the creek bank to a less-than-significant level. Any potential hydrologic or water quality impacts attributable to water line relocation would not create new significant impacts, impacts of substantially greater severity, or the need for additional mitigation measures. Land Use and Planning The relocated water line would be constructed within the public right-of-way. Potable water pipelines are ancillary public utility uses conditionally allowed within zoning and land use designations. Therefore, the proposed Project modification would not conflict with land use plans or policies. There are no applicable conservation plans or natural community conservation plans covering this area. The relocated water line would not add components that would physically divide any established communities. The relocated water line would not involve any new community or land use impacts beyond those analyzed in the adopted 2006 MND, 2007 Addendum, and April 2015 Addendum. Noise The water line relocation would not require revisions to the evaluation of potential noise impacts, as the associated construction activities would be similar in nature to those previously analysed and within the same construction area boundary. Temporary increases in noise levels from construction activities were identified and analyzed in the adopted 2006 MND and subsequent Addenda. Mitigation Measures NOI-1, NOI-2, NOI-3, and NOI-4 presented in the original noise analysis would remain valid and reduce any potential impacts to a less-than-significant level, including potential impacts to Rancho Cotate High School in the vicinity of the water line relocation. Noise impacts attributable to the water line relocation would not create new significant impacts, impacts of substantially greater severity, or the need for additional mitigation measures. 7 Transportation/Traffic Relocation of the water line would occur along Snyder Lane. This, along with other Project components evaluated in the adopted 2006 MND and subsequent Addenda would disrupt circulation along Snyder Lane, including vehicular traffic, public transit, and bicycle and pedestrian traffic, including school-related traffic. However, to avoid additional impact, the installation of the water line is being planned to coincide with the other work currently disrupting travel on Snyder Lane. The adopted 2006 MND included the development of a Traffic Control Plan that requires detour routes for public transit services. The MND also included Mitigation Measure TR-1 to coordinate construction-related traffic with local schools. The amount of temporary construction-related traffic would remain the same as analyzed in the adopted 2006 MND and subsequent Addenda. Therefore, the water line relocation would not create new significant impacts, impacts of substantially greater severity, or the need for new mitigation measures. Utilities and Service Systems The Project modification evaluated in this Addendum includes the relocation of approximately 3,500 LF of an existing water line. No modifications to other utility lines are proposed that have not already been considered in the previous CEQA analyses for the Project. Because no other changes would occur to sanitary sewer lines or storm drain facilities, the Project modification would not result in additional impacts to wastewater treatment facilities or storm water drainage facilities beyond that contemplated in the adopted 2006 MND and subsequent Addenda. The new water line would be the same size as the existing water line (i.e., 8-inches in diameter) and, therefore, would continue to offer the same level of service as existing conditions. No new housing or other development is proposed and, therefore, new or expanded entitlements for water supplies are not required. Construction methods would remain unchanged from that considered in the adopted 2006 MND and subsequent Addenda. While the total volume of solid waste may increase incrementally with this Project modification, minimal construction debris would be generated by the Project and would be minimized per BMPs set forth in the Project’s SWPPP. Mandatory Findings of Significance The water line relocation would not substantially change the proposed Project design from that analyzed in the adopted 2006 MND, 2007 Addendum , or April 2015 Addendum . As modified, the ESTS Project would still allow the City to meet projected development demands presented and analyzed in the City’s General Plan and General Plan EIR. A review of the City’s development permit files did not reveal additional projects which would occur concurrent with this Project generating new cumulative impacts. The modified Project’s impacts would not add appreciably to any existing or foreseeable future significant cumulative impact, such as species endangerment, 8 habitat loss, or air quality degradation. Incremental impacts, if any, would be very small and negligible. The proposed modification to the Project would not require revisions to the evaluation of Mandatory Findings of Significance. The modifications would not involve any new impacts, impacts of greater severity or require additional mitigation measures, or result in cumulatively considerable effects or substantially adverse effects. References California Environmental Protection Agency. 2011. Cortese List: Section 65962.5(a). http://www.calepa.ca.gov/SiteCleanup/CorteseList/SectionA.htm#Facilities. Accessed on February 23, 2015. California Department of Fish and Wildlife. 2015. California Natural Diversity Database. Reviewed February 23. California Department of Toxic Substances Control. 2015. EnviroStor: Hazardous Waste and Substances Site List. http://www.dtsc.ca.gov/SiteCleanup/Cortese_List.cfm. Accessed on February 23. Northwest Information Center (NWIC), California Historical Resources Information System. 2015. Record Search Results for the proposed Eastside Trunk Sewer Phase 3-Snyder Lane Road Widening Phase 1 Project. NWIC File No. 14-1099. February 25. RGH Consultants. 2014. Geotechnical Study Report, Snyder Lane Widening. June 4. Rohnert Park, City of. 2006. Draft Initial Study / Proposed Mitigated Negative Declaration for the Eastside Trunk Sewer Project. Adopted July 11. Prepared by Winzler & Kelly. ___________. 2007. Addendum to the Initial Study/Mitigated Negative Declaration, Eastside Trunk Sewer Project (Improvements to the Intersection of Rohnert Park Expressway & Snyder Lane. Adopted February 9. Prepared by Winzler & Kelly. State Water Resources Quality Control Board (SWRQCB). 2015a. “Active” CDO and CAO. http://www.calepa.ca.gov/SiteCleanup/CorteseList/CDOCAOList.xlsx. Accessed February 23. ___________. 2015b. Sites Identified with Waste Constituents Above Hazardous Waste Levels Outside the Waste Management Unit. http://www.calepa.ca.gov/SiteCleanup/CorteseList/CurrentList.pdf. Accessed on February 23. ___________. 2015c. Geotracker. https://geotracker.waterboards.ca.gov/. Accessed on February 23. U.S. Fish and Wildlife Service. 2015. Federal Endangered and Threatened Species that Occur or May Be Affected by Projects. Cotati Quad and Sonoma County lists. Reviewed February 23. APPENDICES Appendix A Water Line Relocation Plan Sheets U106 and U405 61 < ' ( 5 14 3 - 3 4 0 - 0 3 5 CI T Y O F R O H N E R T P A R K 158-230-062 LANE THERESA143-330-016 CITY OF ROHNERT PARK /$ 1 ( LI G H T P O L E P E R C I T Y ST D 6 1 0 & # 5 P U L L B O X PE R C I T Y S T D 6 0 1 , T Y P (E) STREET LIGHT TO REMAIN1-1/2" WATER SERVICE (RW - IRRIGATION) PER CITY STD 863B 24 " S S 24 " S S I N 3 6 " C A S I N G 24" SS SS M H # 4 1 ST A 3 5 + 9 5 . 3 9 , 1 5 ' R SS M H # 4 2 ST A 3 6 + 8 6 . 8 2 , 1 5 ' R SS M H # 4 6 ST A 3 6 + 1 1 . 6 9 , 59 . 4 ' R 36" RCP, SEE PROFILE ST R E E T L I G H T W I R I N G IN 2 " C O N D U I T P E R C I T Y ST D S 6 0 2 & 6 0 3 A , T Y P 45 L F 1 2 " R C P S= 0 . 0 0 5 0 ( M I N ) (2 ) 4 8 " R C P , SE E P R O F I L E RE P L A C E ( E ) L A T E R A L (T Y P ) A N D C O N N E C T TO ( N ) 2 4 " S S P E R 1 C5 0 5 IN S T A L L W A T E R QU A L I T Y C A T C H B A S I N RI M 1 1 5 . 1 7 IN V 1 0 9 . 0 2 1- 1 / 2 " W A T E R S E R V I C E (R W - I R R I G A T I O N ) P E R CI T Y S T D 8 6 3 B RE M O V E A N D R E P L A C E CO M M E R C I A L F H P E R CI T Y S T D 8 5 7 . R E T A I N (E ) G V (N ) B O X C U L V E R T S , SE E D W G S 1 0 1 IN S T A L L ( N ) 2 " W A T E R SE R V I C E P E R 3 C5 0 5 15" SS IN S T A L L ( N ) 1 0 " R W G V PE R C I T Y S T D 8 7 7 IN S T A L L ( N ) 1 0 " R W BE T W E E N B E N D I N ( E ) 10 " R W A N D C U T - I N T E E AT ( E ) 1 6 " R W . S E E 1 / U 4 0 2 36 " S D ST A 3 6 + 6 9 . 9 7 , 3 0 . 5 ' R 48 " S D ST A 3 6 + 2 1 . 9 2 , 22 . 8 ' R ST A 3 6 + 2 1 . 9 2 , 28 . 5 ' R 8" W 3 C5 0 4 3 L F - 1 5 " R C P S= 0 . 0 0 5 0 ( M I N ) CO N N E C T T O (N ) 4 8 " S D 87 L F 8 " H P G M IN 1 2 " C A S I N G 87 L F 4 " E L E C IN 1 2 " C A S I N G IN R O A D W A Y W A R N I N G LI G H T S , S E E T S 1 0 4 (N ) 3 - 8 " G V RE P L A C E ( E ) W T R SV C T O ( E ) T E E (N ) 8 " G V SE E D E T A I L 1 , DW G U - 4 0 5 35 + 0 0 3 5 + 5 0 3 6 + 0 0 3 6 + 5 0 3 7 + 0 0 3 7 + 5 0 33 + 0 0 3 3 + 5 0 3 4 + 0 0 3 4 + 5 0 38+00100102104120118116114112110108106122 10 0 10 2 10 4 11 4 11 2 11 0 10 8 10 6 12 0 11 8 11 6 12 2 29 5 L F 2 4 " S S S= 0 . 0 0 1 5 (2 ) 3 1 5 L F 4 8 " S D S= 0 . 0 0 0 5 84 LF 36" SD S=0.0030(E) SDMH RIM 118.45 36" INV (IN) 108.47 (N)36" INV (OUT) 108.47 (S)ADJUST MANHOLE TO GRADE (RIM 115.60) 36" SD INV 108.20 (2) 48" SD INV 108.20 (N) SD RISER #12 RIM 115.21 (N) 18" RCP CONNECT TO (N) 48" RCP 18" INV 110.0± 6" SS LATERAL EG A T C L OF R O A D SSMH #41 (72" DIA) RIM 115.82 (N) 24" INV 101.51 (N) 15" INV 102.22 SSMH #42 (48" DIA) RIM 116.64 (N) 24" INV 101.65 (E) 8" INV 106.1± (DROP)117 LF 24" SS S=0.0015 84 L F O F 3 6 " ST E E L C A S I N G COPELAND CREEK (N) SD RISER #13 RIM 115.46 (E) 15" RCP CONNECT TO (N) 48" RCP 15" INV 108.8± (N) 8" W 1' C L R , MI N 92 L F 2 4 " S S S= 0 . 0 0 1 5 (N) 8" W 1' CLR,MIN (N) 16" RW 1' C L R , MI N (E) 16" RW (E) 15" SS (TO BE ABAN) (E) 8" W (E) 36" SD ABCD 1 2 3 4 1 2 3 4 ABCD DR W N DS G N CH K D SC A L E 02056-8411099ESTS 3 & SNYDER LN WIDENINGCITY OF ROHNERT PARK MW GH D I n c . 22 3 5 M e r c u r y W a y S u i t e 1 5 0 S a n t a R o s a C a l i f o r n i a 9 5 4 0 7 U S A T 1 7 0 7 5 2 3 1 0 1 0 F 1 707 527 8679 W ww w . g h d . c o m 150 SC A L E : 1 " = 2 0 ' P L A N &23(/$1' &5((. SDMW SH O W N SNYDER LANE WIDENINGUTILITY PLANSTA 33+00 TO STA 38+00U10681 0$7&+/,1(67$6((6+((78 0$7&+/,1(67$6((6+((78 ST A 3 3 + 9 6 . 4 7 , 6 3 . 7 ' R IN S T A L L S D D I # 2 8 TG 1 1 6 . 3 1 IN V = 1 1 2 . 2 0 10 L F 1 8 " R C P S= 0 . 0 0 5 0 ( M I N ) CO N N E C T T O 4 8 " S D IN V 1 1 0 . 2 0 SCALE HO R Z : 1 " = 2 0 ' V E R T : 1 " = 4 ' P R O F I L E 8 C5 0 1 1 U4 0 2 SE W E R T I E - I N A N D RW R E L O C A T I O N PL A N & P R O F I L E IN S T A L L C O M M E R C I A L FH P E R C I T Y S T D 8 5 7 W/ C U T I N T E E A N D 8 " GV P E R C I T Y S T D 8 7 7 IN S T A L L S D R I S E R # 1 3 ST A 3 4 + 3 2 . 0 0 , 2 2 . 9 ' R RE P L A C E ( E ) 8 " W WI T H C U T I N T E E P E R RE M O V E ( E ) G V . IN S T A L L ( N ) 8 " G V P E R CI T Y S T D 8 7 7 2 U402 INSTALL (N) 2" WATER SERVICE PER3 C505 ST A 3 4 + 7 9 . 2 9 , 3 9 . 9 ' L IN S T A L L S S C O P E R CI T Y S T D 5 1 3 FI E L D V E R I F Y I N V 8 C5 0 1 IN S T A L L S D R I S E R # 1 2 ST A 3 4 + 0 7 . 2 4 , 2 8 . 5 ' R ST A 3 4 + 4 3 . 7 1 , 3 4 . 9 ' R IN S T A L L T Y P E l l C B # 1 4 PE R C I T Y S T D 4 0 2 SE E D W G C 5 0 6 F O R L I D D E T A I L 1 C509 1 C5 0 9 R R R R IN S T A L L T E M P O R A R Y O/ H L I G H T I N G P O L E AN D F A C I L I T I E S ( T Y P ) R 5 / 1 / 1 5 R E V I S I O N S G R 4' ( T Y P ) 4' (TYP) 8. 5 " C L R C L O F P I P E TO S I D E O F B R I D G E C9 0 0 DI C900DI (N ) 2 - 4 5 ° B E N D S (F L x F L ) (N) 8" GV (N ) 2 - 4 5 ° B E N D S (F L x F L ) (N ) 8 " W (E) BRIDGE WINGWALL (E ) B R I D G E W I N G W A L L (N ) F C A (N) FCA (N) 45° BEND (N ) C O M B I N A T I O N AI R V A L V E AB A N D O N I N P L A C E W H E R E 8 " W A T E R I S GR E A T E R T H A N 4 2 " B E L O W R O A D S U R F A C E (N ) 8 " W 16" RW 18" SS 8" W 18" SS 42 " C O V E R ( M I N ) 8" MIN 4' M A X ( T Y P ) 8" M I N TR A N S I T I O N S I D E W A L K SE C T I O N P E R C / S 1 0 1 SI D E W A L K A N D B A R R I E R PE R D E T A I L A / S 1 0 2 TRANSITION SIDEWALK SECTION PER C/S101 TH R U S T B L O C K SE E D E T A I L 4 / U 5 0 6 ( T Y P ) PI P E S U P P O R T PE R D E T A I L 2 / U 4 0 6 PI P E S U P P O R T PE R D E T A I L 3 / U 4 0 6 , (T Y P , U N L E S S N O T E D OT H E R W I S E ) (N ) C O M B I N A T I O N A I R V A L V E PIPE SUPPORT PER DETAIL 2/U406 FL E X C P L G W I T H JO I N T R E S T R A I N T (T Y P O F 2 ) 2- 45° BENDS (FL x FL) 2- 4 5 ° B E N D S (F L x F L ) ABCD 1 2 3 4 1 2 3 4 ABCD DR W N DS G N CH K D SC A L E 02056-8411099ESTS 3 & SNYDER LN WIDENINGCITY OF ROHNERT PARK MW GH D I n c . 22 3 5 M e r c u r y W a y S u i t e 1 5 0 S a n t a R o s a C a l i f o r n i a 9 5 4 0 7 U S A T 1 7 0 7 5 2 3 1 0 1 0 F 1 707 527 8679 W ww w . g h d . c o m 150 SDMW SH O W N SNYDER LANE WIDENINGUTILITY PROFILESWATER DESIGN CHANGEU405-- HO R Z : 1 " = 5 ' A - 8" W B R I D G E C R O S S I N G - S E C T I O N 61 < ' ( 5 /$ 1 ( &2 3 ( / $ 1 ' &5 ( ( . NOTES:1.RELOCATE (E) 8" W PER CITY OF ROHNERT PARK STANDARDS, INCLUDING CITY STDS 853 AND 854 FOR ANCHOR AND THRUST BLOCKS, AND OTHER ASSOCIATED STANDARDS FOR COMPLETE INSTALLATION. SEE ALSO SPECIFICATIONS FOR MATERIALS.2.RESTRAIN ALL JOINTS.3.INSTALLATION SHALL COMPLY WITH CALIFORNIA DEPARTMENT OF PUBLIC HEALTH STANDARDS.4.ATTACH (N) 8" W TO BRIDGE PER DETAILS ON DWG U406. HO R Z : 1 " = 5 ' 1 - 8" W B R I D G E C R O S S I N G - P L A N A - Appendix B Mitigation Monitoring Program GHD | ESTS Project – Phase III, 84/11/099 | A-1 Table A-1 Mitigation Monitoring Plan – City of Rohnert Park Eastside Trunk Sewer Project Mitigation Measure Verify Compliance Timing of Initial Action Monitoring Frequency and Duration Action Items Mitigation Measure AES-1. Nighttime Construction Light and Glare Control The Contractor shall ensure that all lights associated with nighttime construction be hooded and directed away from lodging establishments and other light-sensitive establishments and land uses where feasible. City of Rohnert Park During construction near the Budget Inn During construction near the Budget Inn Control light and glare during nighttime construction Mitigation Measure AIR-1. Equipment Exhaust Control The City of Rohnert Park shall control equipment emissions when heavy construction equipment is operating, including at construction staging areas. These measures shall include:  Reduce unnecessary idling of construction equipment (i.e., limit idling time to 10 minutes or less) and avoid staging equipment within 200 feet of sensitive receptors.  Where possible, use newer, cleaner-burning diesel-powered construction equipment.  Properly maintain construction equipment per manufacturer specifications.  Designate a Disturbance Coordinator responsible for ensuring that mitigation measures to reduce air quality impacts from construction are properly implemented. City of Rohnert Park During construction Ongoing through construction Implementation of BMPs Mitigation Measure AIR-2. Dust Control The City of Rohnert Park shall control fugitive dust generated by project construction activities, including at construction staging areas. These measures shall include:  Apply [clean] water or other approved suppressants to exposed dirt surfaces, as needed.  Apply non-toxic soil stabilizers to inactive construction areas (i.e., disturbed surfaces that are left unused for at least four consecutive days, soil stockpiles).  Cover haul trucks or maintain at least two feet of freeboard.  Limit vehicle speed to 15 mph on any unpaved surfaces.  Install wheel washers for exiting trucks or wash-off the tires or tracks of all trucks and equipment leaving any unpaved areas of the work area.  Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 mph and visible dust emissions cannot be prevented from leaving the construction site. City of Rohnert Park During construction Ongoing during construction Implementation of BMPs GHD | ESTS Project – Phase III, 84/11/099 | A-2 Mitigation Measure Verify Compliance Timing of Initial Action Monitoring Frequency and Duration Action Items  Restore and stabilize exposed surfaces at the conclusion of earth moving activities. Mitigation Measure BIO-1: Avoid Loss of Special-Status Aquatic Resources Coffer dam construction and water diversion could result in the entrapment of steelhead and other salmonids, as well as other aquatic species. To avoid impacts to fish and other aquatic species, the City shall implement the following measures for the Snyder Lane bridge widening and if open trench construction methods are used to cross Hinebaugh or Copeland creeks: 1. Conduct work at the open trench crossing between June 15 and October 15 to avoid migrating salmonid adults and juveniles and other aquatic species. 2. If surface water remains within the project zone at the time construction activity is scheduled to begin, construction and silt fencing, and any other appropriate erosion control measures, will be installed or undertaken prior to the beginning of construction. Acceptable measures or best management practices include, but shall not be limited to, installation of fencing and/or wattles. 3. Riparian tree removal at the creek crossings shall be minimized to the extent possible. Remaining trees shall be protected by installing protective fencing outside the dripline. A qualified biologist shall be on-site during installation of the coffer dams. Coffer dam construction and dewatering operations shall be conducted according to methods approved by NOAA- Fisheries and CDFW . The biologist will provide recommendations on the appropriate mesh size for screen installed in a manner that will protect aquatic animals from either being sent through the pumps or impinged on the screen. The biologist recommendations will address how to install the screen in a way that will prevent impingement and ensure that dewatering will not harm native aquatic life. A qualified biologist shall survey individual pools remaining in the project area after coffer dam installation to determine if any steelhead or other aquatic animals are present in the pools. If an individual is found in any of the remaining pools, then the qualified/approved biologist shall rescue and relocate them in the creek below the project area. Dewatering shall not commence until the surveys are completed. 4. At the Redwood Drive creek crossings, the streambed and banks shall be restored to original grade and revegetated with appropriate riparian plant species following installation of the pipeline. City of Rohnert Park Prior to construction Ongoing through construction Complete survey --- Implement Protection Measures as Necessary ---- Prepare and implement a mitigation program if necessary GHD | ESTS Project – Phase III, 84/11/099 | A-3 Mitigation Measure Verify Compliance Timing of Initial Action Monitoring Frequency and Duration Action Items 5. At the Copeland Creek crossing at Snyder Lane and the Snyder Lane bridge widening, temporarily and permanent impacts will occur to the streambed and bank. The portions of the streambed and bank that will be temporarily impacted will be restored to original grade and revegetated with the appropriate riparian vegetation. The streambed will be restored by replacing the embedded gravels and small cobbles in the streambed. In addition, a Mitigation and Monitoring Plan and Waters Mitigation Plan will be developed to compensate for the permanent impact to Copeland Creek to mitigate for impacts generated by the bridge widening. These plans will detail mitigation for the permanent impacts and detail the appropriate performance criteria and mitigation standards. These plans are described in greater detail in Mitigation Measure BIO-4 below in Section IV.c, which more specifically addresses potential project impacts to waters and wetlands. Mitigation Measure BIO-2: Preconstruction Surveys for the Northwestern Pond Turtle If open trench method is selected for the creek crossings and/or the Snyder Lane bridge over Copeland Creek is widened, a qualified biologist will conduct a preconstruction survey for the northwestern pond turtle at each crossing, and will conduct a daily inspection of the construction area prior to the commencement of work. If turtles are present, CDFW shall be notified for guidance and authorization to relocate the turtles downstream. If an individual is found in any of the remaining pools or in the construction area, then the qualified/approved biologist shall rescue and relocate the turtle in the creek below the project work area. Work within the creek including dewatering operations shall not commence until the surveys are completed daily. City of Rohnert Park Prior to construction Prior to construction Complete survey ---- Notify agencies and prepare and implement a mitigation program if necessary Mitigation Measure BIO-3: Preconstruction Nest Survey and Construction Exclusion Zones The City shall retain a qualified biologist to conduct preconstruction surveys along the pipeline route. If any active special-status bird species or raptor nests exist where they may be impacted by project construction activities, preconstruction survey will occur along the pipeline route within 100 feet of construction activities along city streets and within 500 feet of construction activities along the creeks to determine the potential extent of impact. If active nests of any special-status birds or raptors are identified within these survey parameters in the construction area and could potentially be impacted by construction, construction shall not begin until after the nests are protected by an adequate exclusion City of Rohnert Park Prior to construction Prior to construction Complete surveys ---- Establish a construction exclusion zone if necessary GHD | ESTS Project – Phase III, 84/11/099 | A-4 Mitigation Measure Verify Compliance Timing of Initial Action Monitoring Frequency and Duration Action Items zone defined by a qualified biologist, or other mitigation measures defined through consultation with CDFW . The special-status bird species to be included are the Allen’s hummingbird (Selasphorus sasin), California thrasher (Toxostoma redivivum), Lewis' Woodpecker (Melanerpes lewis), little willow flycatcher (Empidonax traillii brewsteri), tricolored blackbird (Agelaius tricolor), white-tailed kite (Elanus leucurus), and yellow-billed cuckoo (Coccyzus americanus). Mitigation Measure BIO-4: Implement Compensatory Mitigation for CTS if Required by USFWS. The City of Rohnert Park shall implement CTS mitigation if required by the USFWS. Mitigation may include purchase of CTS preservation credits, contribution of an endowment to a foundation or contribution of funds to a mitigation bank managed by the California Department of Fish and Wildlife. In the event that USFWS does not require mitigation for CTS then the City of Rohnert Park will not require additional CTS mitigation. City of Rohnert Park Prior to construction Per USFWS Guidelines Per USFWS Guidelines Mitigation Measure BIO-5: Culvert Installation and Wetland Restoration The City shall avoid temporary and permanent fill of jurisdictional waters to the extent feasible. The City shall complete all work associated with open trench pipeline and bridge widening across Hinebaugh and Copeland creeks during the dry season (May 1 to October 15). The City shall restore affected portions of the creeks. The City shall have a qualified biologist prepare and implement a Mitigation and Monitoring Plan and a Waters Mitigation Plan acceptable to the jurisdictional agencies. Measures may include, but not be limited to:  Removal of sediments and foreign materials deposited by construction activities from jurisdictional waters.  Restoration of disturbed streambed, bank, and gradients to original contour and hydrologic condition.  Bank stabilization prior to the onset of winter rains using straw, matting, wattles, or other suitable means.  Reestablishment of riparian woodland using native species.  Protection and conservation of topsoil within riparian woodland. City of Rohnert Park Prior to construction After construction Prepare and implement Plan GHD | ESTS Project – Phase III, 84/11/099 | A-5 Mitigation Measure Verify Compliance Timing of Initial Action Monitoring Frequency and Duration Action Items Mitigation Measure BIO-6: Compliance with the Rohnert Park Public Tree Care Measures The City shall protect mature native trees along the alignment and avoid impacts to the extent feasible. The City shall retain an arborist to evaluate the health of the trees prior to construction, formulate site-specific recommendations to maintain the health of trees during and after construction, and monitor construction near the trees at appropriate intervals. The City shall comply with the arborist’s recommendations which may include, but not be limited to, the accurate placement of trees on plans, specific root cutting, protective fencing, and proper pruning or limbing. Tree health shall be monitored for one year after the completion of construction and, if trees have not fully recovered, monitoring may be extended. If impacts to protected trees occur for any reason, on-site mitigation – including replacement of native species – shall be implemented in accordance with the City of Rohnert Park Public Tree Care code. City of Rohnert Park Prior to construction Prior to, during, and after construction Design planting plan. ---- Evaluate and monitor trees Mitigation Measure CR-1: Protection or Recovery of Data Should concentrations of archaeological materials or paleontological resources be encountered during construction, all ground-disturbing work shall be halted in that area. Work near such finds shall not be resumed until a qualified professional has evaluated the materials and offered recommendations for further action. Project personnel shall not collect cultural or paleontological resources. Prehistoric resources include chert or obsidian flakes or tools, projectile points, mortars and pestles, groundstone artifacts, deposits of shell, dietary bone, locally darkened midden (dark friable soil containing shell and bone dietary debris), heat-affected rock or human burials. Historic resources may include, but not be limited to, stone or adobe foundations or walls, structures and remains with square nails, and refuse deposits, found often in old wells and privies. City of Rohnert Park During construction Ongoing through construction Cease work and report findings, as needed Mitigation Measure CR-2: Construction Staging Area Surveys Prior to use, the City shall ensure that any potential staging areas selected for the project will be subjected to the same level of cultural resource survey as the rest of the project area. The Contractor shall not use any potential staging area found to contain an identified cultural resource. City of Rohnert Park Prior to construction Prior to construction Conduct Cultural Resource Survey ---- Do not use site if cultural resources found GHD | ESTS Project – Phase III, 84/11/099 | A-6 Mitigation Measure Verify Compliance Timing of Initial Action Monitoring Frequency and Duration Action Items Mitigation Measure CR-3: Encountering Human Remains If human remains are encountered within the construction area, all work should be halted in the immediate vicinity of the find and the project superintendent and Sonoma County Sheriff/Coroner must be notified. At the same time, an archaeologist should be contacted to evaluate the find. If the remains are found to be of Native American origin, the Native American Heritage Commission must be notified within 24 hours of the identification. The procedures to be followed at this point are prescribed by law. City of Rohnert Park During construction Ongoing through construction Cease work and report findings, as needed Mitigation Measure GEO-1: Erosion Control The City of Rohnert Park and its contractor shall control soil erosion and loss of topsoil during and after project construction. The City and its contractor shall also control the potential for erosion on any permanent cut and fill slopes after the project is completed. An erosion control plan shall be prepared and approved prior to approval of construction documents and the plan shall be incorporated into the construction specifications. The plan shall include, but not be limited to, the following measures:  Install and continuously maintain silts fences or wattles between streams and any areas disturbed by project construction.  Stabilize slopes with geotextiles, straw matting, etc., in the event of a rain event or when the exposed slope will not be worked for two consecutive days.  Revegetate pervious areas and areas disturbed by construction with locally-native vegetation within 30 days of the completion of grading activities and/or project construction.  Schedule and conduct earth disturbing activities during the “dry season” (generally April 1 through October 1), except where further limited by other mitigation measures presented herein. Prior approval and extensions to any construction permits shall be obtained prior to working outside that period.  Upon completion of the excavation work, permanently stabilize any slopes using native, drought-resistant vegetation. Jute mesh or other appropriate surface treatment should be applied until the vegetation has been successfully established. The erosion control plan shall specify the species to be used and describe installation methods and timing for plants and soil coverings. City of Rohnert Park During construction Ongoing through construction Implement BMPs and erosion control plan GHD | ESTS Project – Phase III, 84/11/099 | A-7 Mitigation Measure Verify Compliance Timing of Initial Action Monitoring Frequency and Duration Action Items Mitigation Measure HAZ-1. Contaminated Materials Handling and Disposal The City has conducted hazardous materials corridor study to determine existence or extent of contamination along the project alignment. The City shall inform the construction contractor of the likelihood of encountering potential contamination along the pipeline route. The contractor shall screen soil and groundwater prior to or during the construction phase near these sites to identify the contaminants of concern, verify the level of contamination, and ensure proper handling, storage, transport, and disposal. Only workers experienced in HAZWOPER methods will identify, screen, handle, and dispose of contaminated materials and ensure public safety in these areas. If contaminated soils or groundwater are encountered during construction, the Contractor’s HAZWOPER-trained personnel shall handle them in the following manner:  Excavate contaminated materials in the construction zone and stockpile on plastic and contain pumped groundwater in temporary water storage tanks to avoid exposure to the public.  Field screen soils in areas of suspected contamination with an organic vapor meter or equivalent air monitoring device to determine if contamination is still present and ensure that the public will not be exposed to contaminants and odors.  Provide and maintain a sediment and granular activated carbon filtration system, as needed for treatment of contaminated groundwater.  Contain all groundwater removed in temporary storage tanks. After precharacterization and City approval, discharge treated water to the sanitary sewer system. Treat as necessary to meet sewer discharge requirements. If the discharge does not meet these requirements, the groundwater will be treated and disposed of according to all applicable laws and regulations.  Characterize material for proper disposal and negotiate a pre-approved disposal location in accordance with their disposal requirements.  After City and landfill approval, load, transport, and dispose of all soil. City of Rohnert Park During construction Ongoing through construction Screen soil and groundwater ---- Implement BMPs as necessary GHD | ESTS Project – Phase III, 84/11/099 | A-8 Mitigation Measure Verify Compliance Timing of Initial Action Monitoring Frequency and Duration Action Items Mitigation Measure HAZ-2: Backfilling At or Near Known or Suspected Contamination Plumes The City and its contractor shall install low permeability dams (such as clay dams) on either side of a known or suspected plume and at intervals of 300-feet within the plume. Backfill of the trench within the plumes should be permeable so that the existing plume will not be severed by the trench, thereby separating the furthest reach of the plume from the groundwater extraction and treatment system or redirecting the migration of the plume. City of Rohnert Park Prior to construction Ongoing through construction near known or suspected contamination plumes Install dams and backfill trench Mitigation Measure HAZ-3: Construction Staging Area Surveys Prior to use, the City shall ensure that any potential staging areas selected for the project will be subjected to the same level of hazardous material survey as the rest of the project area. The Contractor shall not use any potential staging area found to contain a hazardous material concern. City of Rohnert Park Prior to construction Prior to construction Conduct hazardous materials study ---- Do not use site if hazardous materials found Mitigation Measure HAZ-4: Standard Traffic Safety Control Procedures The City or its contractor shall ensure that standard traffic safety control procedures be included in the Traffic Control Plan being prepared as part of the project. Construction flagging and signage, use of plates, and other safety measures shall be in conformance with the CALTRANS Manual of Traffic Controls for Construction and Maintenance of Work Zones (CALTRANS 1990). If temporary lane or road closures are required, the City shall contact emergency response providers (hospitals, police, fire, and ambulance) and inventory the locations of their primary routes that may be affected by the construction.  Where construction necessitates lane or road closures along emergency response routes, the City shall recommend and obtain approval for alternate routes or other means from the affected service providers, at a minimum of one week prior to construction.  During construction, the City shall notify the service providers on a weekly basis of the timing, location, and duration of construction activities. City of Rohnert Park During construction Ongoing through construction Implement BMPs into Traffic Control Plan GHD | ESTS Project – Phase III, 84/11/099 | A-9 Mitigation Measure Verify Compliance Timing of Initial Action Monitoring Frequency and Duration Action Items Mitigation Measure HAZ-5: Clear Fueling Areas and Require Equipment Controls The City or its contractor shall clear dry vegetation or other fire fuels near staging areas or any other area where equipment will be operated, prior to the start of construction in that area. The City shall require contractors to use equipment with spark arresters in good working order. City of Rohnert Park Prior to construction Ongoing through construction Clear dry vegetation near staging areas ---- Use spark arresters Mitigation Measure NOI-1: Comply with City Noise Policies In accordance with the City of Rohnert Park’s noise ordinance, noise-producing construction activities within the project area and equipment at any construction staging areas shall be limited to 8:00 AM to 6:00 PM, unless a permit has been obtained from the superintendent of public works (Municipal Code 9.44.120 (Ordinance 152 §3.1, 1971). In accordance with the City of Cotati’s Municipal Code, noise-producing construction activities shall be limited to the hours between 7:00 AM and 7:00 PM Monday through Friday, or by condition of approval 9:00 AM to 5:00 PM Saturday, Sunday, and holidays, and not exceed 65 dBA for outdoor areas (as measured from the property line of the sensitive receptor) and 45 dBA for interior spaces (Municipal Code 17.30.050). City of Rohnert Park Prior to construction Ongoing through construction Limit Construction Hours Mitigation Measure NOI-2: Equipment Noise Control The City of Rohnert Park and its contractor shall control equipment noise, including any construction staging areas. Measures may include, but not be limited to:  Newer equipment with improved noise muffling may need to be used and manufacturers’ recommended noise abatement measures, such as mufflers, engine covers, and engine vibration isolators be intact and operational.  Construction equipment may require weekly inspection to ensure proper maintenance and presence of noise control devices (e.g., mufflers and shrouding, etc.).  Wherever possible hydraulic tools may be used instead of pneumatic impact tools. City of Rohnert Park Prior to construction Ongoing through construction Control equipment noise GHD | ESTS Project – Phase III, 84/11/099 | A-10 Mitigation Measure Verify Compliance Timing of Initial Action Monitoring Frequency and Duration Action Items Mitigation Measure NOI-3: Implement Public Outreach Program The City shall prepare and implement a Public Outreach Program. The Program will include identification of sensitive noise receptors along the project alignment and construction staging areas and will provide information about the project to affected individuals during both project design and project construction. Sensitive noise receptors will be notified in advance to keep windows and doors closed during peak construction activity. The City shall contact the three schools along the pipeline route when the construction schedule is available. The City will establish a hot-line phone number that may be called if questions or complaints about construction impacts arise. City of Rohnert Park Prior to construction Ongoing through construction Implement Plan Mitigation Measure NOI-4: Limit Construction Noise Adjacent to Schools Where construction would occur adjacent to schools or where construction staging areas may be located adjacent or near schools, the construction manager may need to implement measures to insure that construction noise does not interfere with the learning activity of the students. The following noise control measures may be implemented: Limit construction to non-school hours when feasible.  Utilize temporary noise barriers, as needed, to protect schools from excessive noise levels from construction activities. Noise barriers may be made of heavy plywood, loaded vinyl acoustical curtain (Sound Transmission Coefficient rating of 25 or better), or natural and temporary earth berms.  A qualified noise control engineer may design the temporary construction noise barriers used.  A qualified noise control engineer may monitor the temporary construction barriers used, to ensure that any gaps or inadequate materials do not increase noise impact by channeling, or fail to result in any noise mitigation. City of Rohnert Park During construction Ongoing through construction near schools Limit construction noise Mitigation Measure TR-1: School Coordination The City and the contractor shall coordinate construction activities at and around schools reducing to the greatest extent possible impacts to ingress and egress traffic and safety hazards to bicyclists and pedestrians. This includes, but is not limited to, plating trenches during drop-off and pick-up times to allow vehicle and pedestrian/bicycle access to schools. City of Rohnert Park Prior to Construction Ongoing through Construction Coordinate with schools ITEM NO. ____ 1 Meeting Date: September 8, 2015 Department: Administration Submitted By: Darrin Jenkins, City Manager Prepared By: Darrin Jenkins, City Manager Agenda Title: Consider Adoption of a City of Rohnert Park Legislative Platform for 2015-16 RECOMMENDED ACTION: Consider adoption of a legislative platform for 2015-16 to provide guidance regarding state legislative matters and allow the City to weigh in on such matters in a timely fashion. ANALYSIS: The California State Legislature considers thousands of bills during each two-year legislative session. Any number of these bills can affect cities—through changes in funding, employment law, water regulation, etc. From time-to-time the League of California Cities asks its members to support or oppose certain bills because they are so beneficial or so damaging to city interests. Occasionally, the City is asked by council members of other cities, legislators from other districts, the public (generally outside Rohnert Park), and others to take positions that do not materially affect the scope and purpose of municipal government. These tend to be quality of life or social issues such as “end-of-life” legislation or federal government matters like foreign policy. Staff recommends that the City Council adopt a legislative platform that states it does not take positions on matters outside the scope and purpose of municipal government and these items generally will not be considered at City Council meetings. The legislative platform would not preclude the mayor or two council members from placing an item on the agenda for consideration. It would provide guidance to others about positions typically taken by the City Council. At the August 25, 2015 Council meeting, the City Council determined that it would be beneficial to adopt a Legislative Platform providing overall guidance that allows staff or the mayor to send letters of support or opposition to the League and the legislature in certain instances. Department Head Approval Date: N/A City Manager Approval Date: 8/27/15 City Attorney Approval Date: N/A Attachments: 1. Exhibit A to Resolution - Draft Legislative Platform 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 RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AND ADOPTING A CITY OF ROHNERT PARK LEGISLATIVE PLATFORM FOR 2015-16 WHEREAS; the California State Legislature considers thousands of bills during each two- year legislative session; and WHEREAS, any number of these bills can affect cities—through changes in funding, employment law, or water regulation as examples; and WHEREAS, from time-to-time the League of California Cities asks its members to support or oppose certain bills because they are so beneficial or so damaging to city interests; and WHEREAS, the City Council wishes to adopt a Legislative Platform for 2015-16 providing overall guidance that allows staff or the mayor to send letters of support or opposition to the League and the legislature in certain instances. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Rohnert Park hereby adopts a “City of Rohnert Park Legislative Platform for 2015-16,” attached as “Exhibit A” to this Resolution. DULY AND REGULARLY ADOPTED this 8th day of September, 2015. CITY OF ROHNERT PARK ____________________________________ Amy O. Ahanotu, Mayor ATTEST: ______________________________ JoAnne M. Buergler, City Clerk Attachment: Exhibit A CALLINAN: _________ MACKENZIE: _________ STAFFORD: _________ BELFORTE: _________ AHANOTU: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) (Exhibit A to Resolution) City of Rohnert Park 2015-16 Legislative Platform September 2015 Page 1 The League of California Cities (League) is the primary resource for the City with respect to state legislative matters affecting municipal government. When requested to do so by the League, the City of Rohnert Park takes the following positions and the Mayor or City Manager may send corresponding letters of opposition or support without further City Council action. Government Administration & Budget/Finance: Protect and secure local authority and revenue sources. 1) Oppose any attempts to restrict local authority with respect to issues that affect local communities. 2) Oppose attempts to decrease, restrict or eliminate city revenue sources. 3) Oppose any efforts at the state level to retain additional revenues currently dedicated to local government for state purposes. 4) Support state budget plan that provides sustainable, reliable funding for priority local government programs. 5) Support increases in transportation funding for local street and road improvements. Quality of Life, Social Issues, and Political Statements: The City of Rohnert Park generally will not consider taking local positions on matters not affecting the primary scope and purpose of mu\nicipal government – for example social issues or foreign policy. 1 Meeting Date: September 8, 2015 Department: Development Services Submitted By: Mary Grace Pawson PE, Acting Director of Development Services Prepared By: Mary Grace Pawson PE, Acting Director of Development Services Agenda Title: Authorizing and Approving Sixth Amendment to the Design Professional Services Agreement re: CSG Consultants Inc. for $150,000 for ongoing Engineering Development Review Services RECOMMENDED ACTION: Approve a Resolution Authorizing and Approving the Sixth Amendment to the Design Professional Services Agreement re: CSG Consultants Inc. for $150,000. BACKGROUND: The City’s General Plan envisions significant residential and non-residential development in the Northeast, University District, Southeast, Wilfred Dowdell and Northwest Specific Plan Areas (SPAs). In addition, development is planned in the Stadium Lands, Sonoma Mountain Village and Central Rohnert Park Planned Development Areas (PDs). The City has been experiencing resurgence in development activity, and in 2013 it retained CSG Consultants Inc. (CSG), to assist with engineering development review and provide timely response. CSG is nearing the limit of its budget under its current contract with amendments. The proposed sixth amendment will allow for their continued service with engineering development review. ANALYSIS: The City’s Development Services Department is currently processing a significant number of engineering applications as outlined in Table 1, on the following page. These applications are all active. While City engineering staff is active in the processing of this work, staff does not have sufficient resources to complete the required volume of reviews in a timely fashion. The City’s 2015-16 budget anticipated this workload and explicitly planned for the use of outside consultant resources to allow for timely processing of development applications. CSG has been actively engaged in the engineering review of all of these development applications for nearly two years and brings a unique understanding of each project. Amending their contract allows them to continue review activities providing continuity and value to both the City and the applicants. 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 2 Table 1 – Current Engineering Development Review Activities SPA or PD Applicant Current Activities University District Brookfield Homes Site Grading; Off-site and In-tract Utility Construction, In-tract Surface Improvement Plan Review; Water Tank Plan Review; Rohnert Park Expressway Widening and Traffic Signals Plan Review; Final Map Review; Review of CC&Rs and various required agreements University District City Ventures Development Area Plan Review and Processing Southeast SPA Redwood Equities Off-site Utility Plan Review; In-tract Improvement Plan Review; Water Tank Plan Review; Final Map Review; CFD Formation: Review of CC&Rs and various required agreements Stadium Lands PDA Bellwether Properties Site Grading and Off-site Roadway Construction Stadium Lands PDA Spanos Corporation Off-site Improvement Construction; management of PF credit agreement Wilfred Dowdell SPA Oxford Suites Site Grading; management of PF credit agreement Central Rohnert Park PDA Rohnert Crossings Development Area Plan Review OPTIONS CONSIDERED: 1. Authorizing the City Manager to execute the Sixth Amendment to the Design Professional Services Agreement re: CSG Consultants, Inc. (recommended action). This option preserves continuity and understanding and provides the resources necessary to ensure timely review of development submittals. 2. Issue a request for proposal for engineering development review. In the near future, staff will be issuing a request for proposals in order to expand the resources available to support development review. However, staff also recommends continuing to retain CSG because of their strong familiarity with the City’s current backlog of development review projects. 3. Perform all engineering development review with City staff. This option is not recommended because staff does not have sufficient resources to review all the development applications currently being considered, which will result in delays. This option also has the potential to delay the City’s capital improvement program because engineering staff would be focused on providing development review. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of the proposed action is $150,000. The expenses incurred under the amended agreement will be reimbursable under the various reimbursement agreements that the City has with developers. 3 Department Head Approval Date: NA City Manager Approval Date: 8/26/2015 City Attorney Approval Date: 08/20/2015 Finance Director Approval Date: 8/26/2015 Attachments (list in packet assembly order): 1. Resolution Authorizing and Approving the Sixth Amendment to the Design Professional Services Agreement re: CSG Consultants Inc. for $150,000 2. Exhibit A to Resolution: Sixth Amendment to the Design Professional Services Agreement with CSG Consultants, Inc., for General Engineering Services RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING THE SIXTH AMENDMENT TO THE DESIGN PROFESSIONAL SERVICES AGREEMENT RE: CSG CONSULTANTS INC. WHEREAS, the City of Rohnert Park (City) and CSG Consultants, Inc. (Consultant), are parties to an agreement, entitled “Design Professional Services Agreement re: CSG Consultants, Inc.” dated March 4, 2013, which was authorized through City of Rohnert Park Purchasing Ordinance in the amount of $45,000; and WHEREAS, because of the ongoing volume of new development applications being processed by the City, City and Consultant entered into the following amendments to the agreement: • First Amendment dated July 23, 2013 for $95,000 pursuant to Resolution No. 2013-109 • Second Amendment dated October 22, 2013 for $150,000 pursuant to Resolution No. 2013-145 • Third Amendment dated June 30, 2014 for $150,000 pursuant to Resolution No. 2014- 065 • Fourth Amendment dated February 10, 2015 for $145,000 pursuant to Resolution No. 2015-020 • Fifth Amendment dated April 14, 2015 for $100,000 pursuant to Resolution No. 2014- 067 WHEREAS, the City continues to process development applications with which the Consultant is uniquely familiar and the City and Consultant now desire to enter into this Sixth Amendment to provide for ongoing engineering review of development applications; and WHEREAS, the cost of the Consultant’s services are reimbursed to the City by various applicants for processing their applications and do not represent a cost to the City’s general fund or any other City fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the Sixth Amendment to the Design Professional Services Agreement re: CSG Consultants Inc., a California Corporation and the City of Rohnert Park, a municipal corporation, for general engineering services. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to take all actions to effectuate this amendment for and on behalf of the City of Rohnert Park, including execution, if necessary, in substantially similar form to the amendment attached hereto as Exhibit “A,” subject to minor modifications by the City Manager or City Attorney. 2015- BE IT FURTHER RESOLVED that upon receipt of developer reimbursements, the Finance Director is authorized to make appropriations and increase budgeted revenue as necessary to cover the costs of the contract amendment. DULY AND REGULARLY ADOPTED this 8th day of September, 2015. CITY OF ROHNERT PARK ____________________________________ Amy O. Ahanotu, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk Attachment: Exhibit A CALLINAN: _________ MACKENZIE: _________ STAFFORD: _________ BELFORTE: _________ AHANOTU: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Updated: 2015-08-27 SIXTH AMENDMENT TO THE DESIGN PROFESSIONAL SERVICES AGREEMENT re: CSG CONSULTANTS INC. This Sixth Amendment to the Agreement between the City of Rohnert Park (“City”) and CSG Consultants, Inc. (“Consultant”), for additional services (“Sixth Amendment”) is entered into as of the ______ day of September, 2015, (“Effective Date”), by and between City and Consultant. RECITALS A. City and Consultant are parties to an agreement entitled "Design Professional Services Agreement re: CSG Consultants” dated March 4, 2013, which was authorized through City of Rohnert Park Purchasing Ordinance in the amount of $45,000. B. City and Consultant entered into the First Amendment to the Agreement with CSG Consultants, Inc., dated July 23, 2013, for $95,000 pursuant to Resolution No. 2013-109. C. City and Consultant entered into the Second Amendment to the Agreement with CSG Consultants, Inc., dated October 22, 2013, for $150,000 pursuant to Resolution No. 2013-145. D. City and Consultant entered into the Third Amendment to the Agreement with CSG Consultants, Inc., dated June 30, 2014, for $150,000 pursuant to Resolution No. 2014-065. E. City and Consultant entered into the Fourth Amendment to the Agreement with CSG Consultants, Inc., dated February 10, 2015 for $145,000 pursuant to Resolution No. 2015-020. F. City and Consultant entered into the Fifth Amendment to the Agreement with CSG Consultants, Inc., dated April 14, 2015 for $100,000 pursuant Resolution No. 2015-067. G. City and Consultant now desire to enter into this Sixth 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. Consultant shall provide additional services as described in the attached Exhibit A. 2. Compensation. Consultant shall perform the services described in this Sixth Amendment for a total not-to-exceed amount of $150,000. 3. Time of Performance. The work described in Exhibit A shall be completed by March 1, 2016, unless extended in writing by the City Engineer or his/her designee. 4. Agreement in Effect. Except as amended by this Sixth Amendment and all previous Amendments, the Agreement shall remain in full force and effect. 5. Counterpart Signatures. This Sixth 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 Sixth Amendment as of the date first written above. (signatures on next page) 1 of 5 Updated: 2015-08-27 CITY OF ROHNERT PARK: By:________________________/_______ Darrin Jenkins, City Manager (Date) Per Resolution 2015-_______ adopted by the Rohnert Park City Council at its meeting of September 8, 2015. ATTEST: __________________________________ City Clerk APPROVED AS TO FORM: __________________________________ City Attorney CSG CONSULTANTS INC: By:___________________________/_ Name:__________________________ (Date) Title:____________________________ By:___________________________/_ Name:__________________________ (Date) Title:____________________________ 2 of 5 EXHIBIT A TO SIXTH AMENDMENT SCOPE OF SERVICES Engineering Development Review Services The City of Rohnert Park is looking to obtain part-time, on-call professional services to assist the City's Development Services Department with engineering development review. DURATION OF SERVICES: Services will be needed for an indefinite period of time with work estimated to begin immediately, upon contract execution. The services of CSG Consultants, Inc. (CSG), are to be completed not later than March 1, 2016. STAFFING: Mark Lander, P. E., will be assigned as the point of contact for the agreement. Additional CSG staff who will be utilized for the work include Frank Navarro, P.E., who will be assisting with plan review and Sophie Truong, P.E., P.L.S., who will be performing map review. Should other CSG staff be needed, resumes will be provided for City review and concurrence. Work will involve both on-site and off-site efforts, and CSG will accommodate the City’s needs in regards to this matter. LEVEL OF EFFORT AND COMPENSATION: It is anticipated that a level of effort of approximately 2-4 days (16-32 hours) per week will be required during the term of this agreement, with a billing rate in accordance with the attached rate schedule. The named staff (Lander, Navarro and Truong) will bill at a rate not higher than $165/hour. CSG will increase or decrease weekly staffing efforts, as needed depending upon the amount of workload requested by the City and will only charge for actual time worked. CSG is prepared to provide additional staffing hours as needed. SCOPE OF SERVICES: Anticipated services to be provided include as-needed staff augmentation for engineering development review associated with land development activity in the City. It is anticipated that the majority of the work will involve the University District and Southeast Specific Plan Areas, but ongoing land development activity in the Stadium Lands and Wilfred Dowdell Specific Plan Areas, and work on new applications may also be performed. Work may include but not be limited to the following activities: 1. Review of new or proposed amendments to specific plans, tentative maps, planned development zoning, and other development entitlement applications. 2. Assist City with development of conditions of approval, development agreements, and other requirements associated with development applications. Assist City in negotiations with developers regarding terms of agreements or conditions. 3. Review and recommend approval of improvement plans, subdivision maps, and other documents. Review documents for conformance to approved tentative map, specific plans, and conditions of approval. Confirm that plans conform to City standard design criteria, including draft or proposed standards as needed, and infrastructure or other master plans. Coordinate plan review with other City departments. Confirm that developer has obtained necessary permits or approvals from other public agencies as 3 of 53 of 5 needed, and that plans conform to North Coast Regional Water Quality Control Board and Sonoma County Water Agency requirements for storm water treatment and retention and City of Santa Rosa requirements for recycled water use. 4. Review and recommend approval of engineering bond estimates and subdivision guarantees. Assist staff in preparing subdivision improvement agreements, other agreements, and staff reports. 5. As requested, work with and manage City's consultant reviewing hydrology to determine proper mitigations and needs to avoid increasing flooding risks to existing residents. 6. As requested, work with and manage City's consultant reviewing hydrology and developer to submit required Conditional Letters of Map Revision (CLOMARs), and subsequent Letters of Map Revision (LOMARs) as needed. 7. As requested, calculate and provide fees to developer. Provide fee offset information for proposed infrastructure to be developed under the Public Facilities Financing Plan (PFFP). 8. As requested, provide analysis of water use and impact of well pumping use in the City. 9. Draft engineering reports and resolutions for Council approval as needed. 10. Meet with developers, consultants, or other agencies on behalf of staff. Total billing under this amendment will not exceed $ 150,000. 4 of 54 of 5 EXHIBIT B TO SIXTH AMENDMENT FEE SCHEDULE CSG will invoice at the beginning of every month for services rendered during the previous month. Compensation shall be based upon hourly rates based on the CSG’s rate schedule, with the exception that rates will not exceed $165 per hour. As part of the service provided (at no additional cost), CSG will coordinate the pickup and return of all plans via CSG staff or a licensed courier. Fees for proposed staff are as follows: Title Billing Rate Mark Lander, P.E. Principal Engineer $165/ hour Frank Navarro, P.E., Senior Civil Engineer $165/ hour Sophie Truong, P.E., P.L.S., Senior Civil Engineer $165/ hour Additional CSG staff will be invoiced per the firm’s 2015 Billing Rate Schedule below. Professional Engineering Services – Hourly Rates Senior Principal Engineer, Principal Engineer $165 Principal Engineer $165 Project Manager $165 Senior Engineer $165 Senior Structural Engineer $165 Associate Engineer $145 Assistant Engineer $125 Design Supervisor $115 Senior CAD Designer $115 Engineering Technician $105 Resident Engineer $160 Assistant Resident Engineer / Office Engineer $130 Construction Inspector $115 Rates reflect and include administrative costs and routine expenses such as local mileage, copying, fax, telephone, mail, in-house printing, software, and computer usage, etc. Reproduction and sub consultants are billed at cost plus 15%. Hourly rates will remain effective through December 31, 2015, for the following staff: Associate Engineer, Assistant Engineer, Design Supervisor, Senior CAD Designer, Engineering Technician, Resident Engineer, Assistant Resident Engineer/Office Engineer, and Construction Inspector. Hourly rates for Senior Principal Engineer, Principal Engineer, Project Manager, Senior Engineer, and Senior Structural Engineer will remain at $165/hour through the expiration date of the amendment. Requests for expedited plan review will be reviewed with the City on a case by case basis. All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, office expenses, etc. Should the scope of work change or circumstances develop which necessitate special handling, we will negotiate and agree upon applicable rates with the City prior to proceeding. 5 of 55 of 5 1 Meeting Date: September 8, 2015 Department: Development Services Submitted By: Mary Grace Pawson, Acting Director of Development Services Prepared By: Mary Grace Pawson, Acting Director of Development Services Agenda Title: Authorizing and Approving the Third Amendment to Task Order 2014-02 with Green Valley Consulting Engineers for On-Call Inspection Services RECOMMENDED ACTION: Adopt a Resolution Authorizing and Approving the Third Amendment to Task Order 2014-02 with Green Valley Consulting Engineers for On-Call Inspection Services for the University District. BACKGROUND: The City entered into a Master Agreement with Green Valley Consulting Engineers for Design Professional Services on January 26, 2011, pursuant to City Council Resolution No. 2011-07 adopted on January 25, 2011. The Master Agreement requires separate Task Orders be authorized for specific projects, such as the proposed project. The City approved Task Order No. 2014-02 on August 8, 2014 with Green Valley Consulting Engineers for On-Call Construction Management and Inspection Services for University District Sheet Grading Phase 2 (City Permit BDGR2014-00001) for an amount not to exceed $48,935.00, which was approved by the City Manager under the Purchasing Policy. On October 28, the City Council approved the first amendment to this Task Order in order to provide for additional inspection and oversight services at the University District Project and on April 14, 2015 the City approved the second amendment to this Task Order. At this point, Task Order No. 2014-02, as amended, has reached its funding limit of approximately $523,000. However construction work at the University District development continues to move at a very rapid pace as the developer is working to complete its onsite civil work, including all utilities, curbs, gutters, streets and streetlights, before the end of this calendar year. Work involves four contractors and multiple construction crews. Based on the bond estimates provided by the developer, there is approximately $10 million in active construction work taking place on the site. City staff does not have the resources to perform the inspection work for the University District project, especially since the work is proceeding on multiple fronts. The Development Agreement for the University District Specific Plan Area provides the City with the authority to recover its costs, including the costs of outside consultants when they are necessary. Because of this, the City can use consultants, like Green Valley, to augment our staff resources without having adverse impacts on the City’s General Fund. ANALYSIS: Because of the volume of construction taking place during the summer of 2015, engineering staff issued a request for proposals for construction management and inspection services for a number of projects. Green Valley provided a response to this request and because of their extensive experience with the University District development was considered the most qualified to continue to provide these services for the University District Project. The firm has 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 ITEM NO. 2 been able to effectively represent the City’s interest while working with the developer to undertake its work in a reasonably coordinated fashion. In addition, Green Valley has not worked for the developer and has no conflicts of interest and its hourly rates particularly for inspection services are very competitive. The University District Developer will be constructing both onsite and offsite improvements with as many as four contractors at any time and City staff is recommending that the construction management team include a construction manager and up to two full-time inspectors. The estimated value of this construction is approximately $10 million. The current value of the construction management contract is $523,935. Staff is recommending a Task Order amendment in an amount not to exceed $500,000 to allow for uncertainties related to staffing construction projects. This will bring the total value of Green Valley’s Task Order to $1,023,935, or approximately 10% of the costs of construction, which is reasonable. These costs are covered by developer reimbursements. OPTIONS CONSIDERED: 1. Amend the Task Order with Green Valley Consultants (recommended option). This option allows staff to retain continuity of inspection services and project understanding and will allow resources to remain available as work proceeds. 2. Award the construction management and inspection services to another firm. This option is not recommended because staff has solicited proposals and Green Valley is the most qualified to continue with this work. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of the proposed action is $500,000. The expenses incurred under the amended Task Order will be reimbursed by the Developer, Brookfield Homes, per the Reimbursement Agreement for the University District Specific Plan. Department Head Approval Date: NA City Manager Approval Date: 08/26/2015 City Attorney Approval Date: 08/24/2015 Finance Director Approval Date: 08/26/2015 Attachments (list in packet assembly order): 1. Attachment 1 - Task Order No. 2014-02 and First and Second Amendments 2. Resolution Authorizing and Approving the Third Amendment to Task Order 2014-02 with Green Valley Consulting Engineers for On-Call Inspection Services 3. Exhibit A to Resolution – Third Amendment to Task Order 2014-02 with Green Valley Consulting Engineers for On-Call Inspection Services 1 RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING THE THIRD AMENDMENT TO TASK ORDER 2014-02 WITH GREEN VALLEY CONSULTING ENGINEERS FOR ON-CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR UNIVERSITY DISTRICT DEVELOPMENT WHEREAS, the City entered into a Master Agreement with Green Valley Consulting Engineers for Design Professional Services on January 26, 2011 pursuant to City Council Resolution No. 2011-07 adopted on January 25, 2011; and WHEREAS, the City entered into a Task Order No. 2014-02 with Green Valley Consulting Engineers for On-Call Construction Management and Inspection Services for University District Sheet Grading Phase 2 (City Permit BDGR2014-00001) for an amount not to exceed $48,935.00, pursuant to City Purchasing Policy 441.1.5 adopted by City Council Resolution No. 2012-22; and WHEREAS, on October 28, 2014, the City Council adopted Resolution 2014-130 approving the First Amendment to Task Order No. 2014-02 with Green Valley Consulting Engineers for On-Call Construction Management and Inspection Services at the University District development for $100,000, bringing the total Task Order value to $148,935.00; and WHEREAS, on April 14, 2015, the City Council adopted Resolution 2015-062 approving the Second Amendment to Task Order No. 2014-02 with Green Valley Consulting Engineers for On-Call Construction Management and Inspection Services at the University District development for $375,000, bringing the total Task Order value to $523,935.00; and WHEREAS, the funding limits of Task Order No. 2014-02, as amended, are being approached; and WHEREAS, the University District development is proceeding with additional public improvements, all of which require city inspection and acceptance; and WHEREAS, the City has requested statements of qualifications from construction management and inspection firms and determined that Green Valley Consulting Engineers is most qualified to continue providing service because of its project understanding and continuity; and WHEREAS, staff requested and has received a proposal from Green Valley Consulting Engineers for continued construction management and inspection services; and WHEREAS, the City Council considered the amendment of Task Order No 2014-02 at its duly noticed regular meeting of September 8, 2015. 2015- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the Third Amendment to Task Order No. 2014-02 by and between Green Valley Consulting Engineers, a California Corporation, and the City of Rohnert Park, a municipal corporation, for On-Call Construction Management and Inspection Services for the University District Development (“Third Amendment”). BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to take all actions to effectuate this Third Amendment for and on behalf of the City of Rohnert Park, including execution, if necessary, in substantially similar form to the Third Amendment attached hereto and incorporated by this reference as Exhibit “A,” subject to minor modifications by the City Manager or City Attorney. BE IT FURTHER RESOLVED that upon receipt of developer reimbursements, the Finance Director is authorized to make appropriations and increase budgeted revenue as necessary to cover the costs of the contract amendment. DULY AND REGULARLY ADOPTED this 8th day of September, 2015. CITY OF ROHNERT PARK ____________________________________ Amy O. Ahanotu, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk Attachment: Exhibit A CALLINAN: _________ MACKENZIE: _________ STAFFORD: _________ BELFORTE: _________ AHANOTU: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) EXHIBIT A TO RESOLUTION THIRD AMENDMENT TO TASK ORDER NO. 2014-02 WITH GREEN VALLEY CONSULTING ENGINEERS FOR ON-CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR UNIVERSITY DISTRICT DEVELOPMENT SECTION 1 – PURPOSE The purpose of this Third Amendment is to authorize and direct Green Valley Consulting Engineers (Consultant) to proceed with the work specified in SECTION 2 below in accordance with the provisions of the MASTER AGREEMENT between the City of Rohnert Park ("City") and ("Consultant") dated January 26, 2011. SECTION 2 – SCOPE OF WORK The additional items authorized by this Third Amendment include construction management and daily inspection services for the University District development including observation of on and off site grading, installation of public utilities and installation of surface street, park and landscape improvements in conformance with applicable law and approved plans and permits, as directed by City. Inspection services shall include: observation of construction and maintenance activities; preparation of reports on activities; provision of notice to City of changes, potential claims, and claims; coordination and meetings with developer, City and other responsible and interested parties, and other activities as deemed necessary by the City to confirm that the work is being completed in accordance with the approved plans and permits. Consultant shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections as may be required. SECTION 3 – COMPENSATION AND PAYMENT Compensation shall be as provided in the MASTER AGREEMENT between the parties hereto referenced in SECTION 1 above. The additional cost for the additional services as set forth in SECTION 2 shall be actual costs (time and materials) based on Consultants' standard labor charges in accordance with the provisions of the MASTER AGREEMENT and as shown in Exhibit “A” for an amount not-to-exceed $500,000. Total compensation under Task Order No. 2014-02 with this Third Amendment shall not exceed $1,023,935. SECTION 4 – TIME OF PERFORMANCE The work described in SECTION 2 shall be completed by March 31, 2016 unless extended in writing by the City Engineer or his/her designee. SECTION 5 – ITEMS AND CONDITIONS All items and conditions contained in the MASTER AGREEMENT for professional services between City and Consultant are incorporated by reference. Approved this 8th day of September, 2015. CITY OF ROHNERT PARK GREEN VALLEY CONSULTING ENGINEERS _____________________________ ___________________________________ Darrin Jenkins, City Manager Elizabeth L. Ellis, President (Date) Per Resolution No. 2015-____ adopted by the Rohnert Park City Council at its meeting of September 8, 2015. ATTEST: _____________________________________ JoAnn M Buergler, City Clerk Task Information Task Task Information Const. Manager/PE Project Mang Construction Inspector II - OT Construction Inspector II Admin. Assistant Direct Costs Total Hours Total Costs Remarks $197 $185 $155 $125 $75 1 Project/Construction Management 380 60 440 $79,360 CM at approx. 4 hr/day for 5 months 2 Daily Field Inspection & Documentation 60 250 2800 3,110 $361,100 3.5 Full-time inspectors for 5 months Inspector Vehicle $19,000 $19,000 Based on $95/Day for 100 days for inspector's vehicle for 2 vehicles Reimbursible Expenses (photos, copies, etc.)$0 Total Hours 380 60 250 2,800 60 - $74,860 $11,100 $38,750 $350,000 $4,500 $19,000 TOTAL NOT-TO-EXCEED COST Based on Full time inspection, Monday through Friday at 8 hours per day WORK ESTIMATE Project Total $498,210.00 On-Call Inspection ServicesCITY OF ROHNERT PARK 1 Meeting Date: September 8, 2015 Department: Administration Submitted By: Darrin Jenkins, City Manager Prepared By: Bryce Atkins, Senior Analyst Agenda Title: Designation of Use of Proceeds from Stadium Lands Property Sale. RECOMMENDED ACTION: Council adopt the Resolution designating the proceeds of the sale of 5870 Labath (Stadium Lands) as follows: 1. $184,557.95 designated to repay principal and interest of the sewer revenue bonds used to purchase the subject property; and 2. The remaining balance, estimated to be $6 million, shall be designated for a capital savings fund for development of a City Hall in Central Rohnert Park. BACKGROUND: On August 11, 2015, the City of Rohnert Park (“City”) City Council (“Council”) adopted Resolution No. 2015-134, approving the sale of approximately 12.25 acres of the City’s Stadium Lands for commercial use. The net proceeds of the sale, as reported in the staff report introducing the resolution, is estimated at $6.2 million after repayment of the former Community Development Commission’s loan, the Costco reimbursement, and the commission for the brokers involved in the sale of the property. On August 25, 2015, staff presented a follow-up agenda item to obtain Council direction on how to designate the sale proceeds. The agenda report identified that, for financial reporting purposes, the Property is not reported by the City as a sewer enterprise fund asset. Although the purchase was made for future sewer infrastructure, the vast majority of the utility infrastructure at the time of the purchase was funded through general property tax assessments. Additionally, while the Property was originally anticipated for use as a sewer treatment plant, it was not used for sewer purposes. The Property was maintained by the City’s General Fund, and the City’s Community Development Commission paid for the improvements to the land. The Property has been regarded as general City property for the past 35 years. Based upon the City’s consistent characterization of the Property as a general fund asset, there is no legal requirement that the proceeds of the sale be distributed to the sewer enterprise fund. Rather, all the proceeds may be deposited into the City’s general fund. DISPOSITION OF FUNDS: At the regular meeting on August 25th, the Council discussed potential designations for the proceeds of the sale of the Property, and gave direction that it wished to designate $184,557.95 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 2 to repay the principal and interest of the sewer revenue bonds used to purchase the property and designate the remaining balance for the development of a City Hall in Central Rohnert Park. As such, staff has prepared the attached resolution in keeping with the two disposition designations provided to staff from Council. OPTIONS FOR DESIGNATION AND USE OF FUNDS: 1. Council may adopt the attached resolution, designating $184,557.95 to repay the principal and interest of the sewer revenue bonds used to purchase the property and the remaining balance to be designated for the development of a future City Hall in Central Rohnert Park. 2. Council may modify the attached resolution. 3. Council may reject the attached resolution. ENVIRONMENTAL ANALYSIS: Section 15061(b)(3) of the CEQA Guidelines exempts from CEQA review activities that do not have the potential to cause significant effects on the environment. The designation regarding use of revenue is exempt from CEQA under Section 15061(b)(3) because there is no possibility that the designation will have an effect on the environment. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact will consist of the net revenue, estimated to be approximately $6,215,000, to be used to pay the Sewer Enterprise Fund $184,557.95 to repay the principal and interest of the sewer revenue bonds used to purchase the property and the remaining balance to be designated for the development of a City Hall in Central Rohnert Park Department Head Approval Date: N/A City Manager Approval Date: 8/31/2015 City Attorney Approval Date: 8/31/2015 Attachments (list in packet assembly order): RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DESIGNATING THE USE OF PROCEEDS FROM THE SALE OF 5870 LABATH AVENUE WHEREAS, the City of Rohnert Park (“City”) is owner of property at 5870 Labath Avenue, consisting of approximately 12.25 acres of the aforementioned land (“Property”); and WHEREAS, the City adopted Resolution No. 2015-134 on August 11, 2015, approving a Purchase and Sale Agreement (“Agreement”) with 356 Advisors, Inc. and MJW Investments, LLC (“Buyers”)for the sale of the Property; and WHEREAS, the purchase price in the Agreement was for $7,150,000. Of this amount, approximately $935,500 will be paid to repay a loan from the former Community Development Commission, a reimbursement agreement with Costco, and payment of the brokers’ commission. The net revenue is estimated to be $6.2 million; and WHEREAS, the City purchased the Property in 1968 with $115,000 in sewer revenue bonds that had a 20 year term. The principal and interest on the sewer revenue bonds is now $184,557.95; and NOW, THEREFORE, the City Council of the City of Rohnert Park does hereby resolve, determine, find and order as follows: Section 1. Recitals. The above referenced recitals are true and correct and are incorporated into and form a material part of this Resolution. Section 2. Environmental Review. The designation of sale proceeds from the purchase and sale transaction between the City and Buyers is exempt from CEQA review under CEQA Guidelines section 15061(b)(3) because there is no possibility for the designation of the use of the sale proceeds to have an effect on the environment. Section 3. Assignment of Proceeds. The City Council hereby assigns $184,557.95 of the proceeds from the sale of the Property to be paid to the Sewer Enterprise Fund. Council further assigns the remaining balance of proceeds from the sale of the Property for use in the development of a future City Hall in Central Rohnert Park. Section 4. Other Actions Authorized. Subject to review and acceptance by the City Attorney, the Mayor and City Manager, as appropriate, are hereby authorized and directed to take all actions necessary or reasonably required to carry out, give effect to, and consummate the transactions contemplated by this Resolution and to take all action necessary in conformity therewith. 2015- DULY AND REGULARLY ADOPTED this 8th day of September, 2015. CITY OF ROHNERT PARK _______________________________ Amy O. Ahanotu, Mayor ATTEST: _____________________________ JoAnne Buergler, City Clerk CALLINAN _________ MACKENZIE: _________ STAFFORD: _________ BELFORTE _________ AHANOTU: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) 1 Meeting Date: September 8, 2015 Department: Development Services Submitted By: Mary Grace Pawson, Acting Director of Development Services Prepared By: Mary Grace Pawson, Acting Director of Development Services Agenda Title: Authorizing and Approving a Public Facilities Fee Credit Agreement with University District LLC and Vast Oaks LP and Finding the Action Exempt Under the California Environmental Quality Act RECOMMENDED ACTION: Adopt a Resolution Authorizing and Approving a Public Facilities Fee Credit Agreement with University District LLC and Vast Oaks LP and Finding the Action Exempt under the California Environmental Quality Act BACKGROUND: The City has entered into a Development Agreement with the University District LLC and Vast Oak Properties L.P. (“Developer”) to facilitate the orderly development of the area known as the University District Specific Plan Area. The Development Agreement requires the Developer to provide approximately $6.6 million in funding to the City to facilitate the timely construction of the Eastside Trunk Sewer Phase 3 and Snyder Lane Widening Projects. Both the Eastside Trunk Sewer Phase 3 and Snyder Lane Widening Projects are included in the City’s Public Facilities Finance Plan and the contribution from the Developer is a prepayment of PF Fees that would be due when building permit are pulled. To date, the Developer has made $4 million in contributions in accordance with the payment schedule, which is included as Exhibit 2 to the proposed PF Fee Credit Agreement (“Agreement”). The purpose of the proposed Agreement is to recognize the prepayment of Public Facilities Fees, the credit due to Developer and the applicability and transferability of these Public Facilities Fee Credits. ANALYSIS: The current Public Facilities (“PF”) Fee for the University District Specific Plan Area is approximately $30,000 per single family dwelling unit. The Developer’s prepayment of approximately $6.6 million would fully cover the fees for approximately 220 dwelling units in the 399 unit Vast Oaks Phase 1 Subdivision. Staff and the Developer expect that building permits will be pulled over time by the Developer and possibly by other merchant builders. The Agreement will facilitate the administration of the fee credits over the time it takes to build out the Vast Oaks Phase 1 Subdivision. The Agreement captures the following terms related to the prepaid PF Fees: 1. The maximum credit will be $6,636,244 consistent with the required prepayment amount. 2. The maximum credit can be reduced if the Developer fails to complete the prepayment schedule. 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 2 3. PF Fee credits will only apply to the Vast Oak Phase 1 Subdivision which is defined as the “Property Subject to the Agreement”. 4. The City will track the PF Fee Credit balance as building permits are pulled. 5. The Developer may, with the City’s consent, transfer PF Fee Credits to other builders within the Property Subject to the Agreement. 6. The PF Fee Credits will expire when the available balance is $0.00. 7. Should the Developer default, the City will hold any available PF Fee Credit balance for the benefit of the Property Subject to the Agreement. ENVIRONMENTAL ANALYSIS: When it adopted the current Public Facilities Finance Plan and Public Facilities Fee Schedule, the City Council found the action categorically exempt from environmental review pursuant to the California Environmental Quality Act guidelines section 15061(b)(3). This finding was made because the PF Fee program, which is a mitigation fee program, provides a mechanism for mitigating potential environmental impacts. (City of Rohnert Park Resolution No. 2011-112). The proposed Agreement, which is an implementation tool for administering the PF Fee Program, is categorically exempt pursuant to the same exemption. The projects funded by the prepaid fees, Snyder Lane Widening and the Eastside Trunk Sewer Phase 3, were both identified in the General Plan as necessary to mitigate the impacts of new development in east Rohnert Park. Each of these projects has been independently reviewed under the California Environmental Quality Act, and the current construction activities are taking place under an adopted mitigation monitoring program. OPTIONS CONSIDERED: None. The recommended action implements the requirements of the Development Agreement between the City, University District LLC and Vast Oaks LP. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of this project is to recognize prepayment of Public Facilities Fees from the Developer, which has provided the City with cash flow funding for the Eastside Trunk Sewer Phase 3 and Snyder Lane Widening Projects. This funding strategy was anticipated by the Development Agreement and approved by the City Council with Resolution No. 2015-043, adopted on March 10, 2015. Department Head Approval Date: N/A City Manager Approval Date: 08/28/2015 City Attorney Approval Date: 08/27/2015 Finance Director Approval Date: Attachments 1. Resolution Authorizing and Approving a Public Facilities Fee Credit Agreement with University District LLC and Vast Oak Properties L.P. and Finding the Action Exempt Under the California Environmental Quality Act 3 2. Exhibit A to Resolution – Public Facilities Fee Credit Agreement with University District LLC and Vast Oak Properties L.P. 3. Agreement Exhibit 1 – Property Subject to Agreement 4. Agreement Exhibit 2 – Public Facilities Fee Prepayment Schedule RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING A PUBLIC FACILITIES FEE CREDIT AGREEMENT WITH UNIVERSITY DISTRICT LLC AND VAST OAK PROPERTIES L.P. AND FINDING THE ACTION EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, on November 22, 2011, the City Council of the City of Rohnert Park (“City”) adopted Resolution No 2011-112 updating its Public Facilities Fees and finding this action Categorically Exempt under the California Environmental Quality Act; and WHEREAS, on April 22, 2014, the City Council of the City of Rohnert Park adopted Ordinance Number 878 approving a Development Agreement (“Development Agreement”) between the City of Rohnert Park and Vast Oak Properties L.P. and the University District LLC (“Developer”); and WHEREAS, the Developer Agreement requires the Developer to make prepayments of Public Facilities Fees, at the City’s direction, in order to fund the construction of the Eastside Trunk Sewer Phase 3 and Snyder Lane Widening Projects; and WHEREAS, the City has awarded the construction contract for the Eastside Trunk Sewer Phase 3 and Snyder Lane Widening Projects and required the Developer to make the prepayments of Public Facilities Fees; and WHEREAS, the City and Developer desire to enter into a Public Facilities Fee Credit Agreement to recognize the prepayment of Public Facilities Fees, the Public Facilities Fee Credits due to Developer and the applicability and transferability of these Public Facilities Fee Credits only to development of the project as described in the Development Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the Public Facilities Fee Credit Agreement with University District LLC and Vast Oak Properties L.P. attached as Exhibit A. BE IT FUTHER RESOLVED that based on the evidence presented at the duly noticed public meeting of August 25, 2015, the City Council of the City of Rohnert Park finds that this action is categorically exempt from environmental review pursuant to California Environmental Quality Act guidelines section 15061(b)(3) because the payment of Public Facilities Fees provides a means of mitigating environmental impacts which have been identified in other environmental analyses including the General Plan EIR. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute the Public Facilities Fee Credit Agreement, in substantially similar form to that agreement attached hereto and incorporated by this reference as Exhibit A, subject to minor modification by the City Manager or City Attorney. 2015- BE IT FURTHER RESOLVED that the Finance Director is hereby authorized and directed to take all actions necessary to effectuate the intent of the Agreement. DULY AND REGULARLY ADOPTED this 8th day of September, 2015. CITY OF ROHNERT PARK ____________________________________ Amy O. Ahanotu, Mayor ATTEST: ______________________________ JoAnne M. Buergler, City Clerk Attachment: Exhibit A CALLINAN: _________ MACKENZIE: _________ STAFFORD: _________ BELFORTE: _________ AHANOTU: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) OAK #4812-8077-5463 v1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928-2486 Attention: City Clerk ) ) ) ) ) ) ) ) (Space Above This Line for Recorder's Use Only) Exempt from recording fee per Gov. Code § 27383. PUBLIC FACILITIES FEE CREDIT AGREEMENT BY AND BETWEEN THE CITY OF ROHNERT PARK AND UNIVERSITY DISTRICT LLC AND VAST OAK PROPERTIES L.P. THIS PUBLIC FACILITIES FEE CREDIT AGREEMENT (the "Agreement") is made and entered into on this ______ day of ______________ 2015 (the "Effective Date") by and between UNIVERSITY DISTRICT LLC, a Delaware limited liability corporation (“University District”), VAST OAK PROPERTIES L.P., a California limited partnership ("Vast Oak"), and the CITY OF ROHNERT PARK, a California municipal corporation ("City"), with reference to the following facts and intentions. University District and Vast Oak are collectively referred to herein as “Developer.” R E C I T A L S A. On April 22, 2014, the City Council of the City of Rohnert Park adopted its Ordinance No. 878 approving an Amended and Restated Development Agreement with the Developer recorded in the Official Records of Sonoma County as Document No. 2014051817 (the “Development Agreement”). B. The Development Agreement requires that the Developer make payments towards the construction of the City’s Eastside Trunk Sewer and Snyder Lane Widening Projects so that the City can construct these improvements to support the Project. C. Both the Eastside Trunk Sewer and the Snyder Lane Widening Projects are included in the City’s Public Facilities Finance Plan (“PFFP”). The Development Agreement provides that Developer is entitled to receive credits for Public Facilities Financing Plan fees, defined as “PFFP Credits” in Section 4.03(C) of the Development Agreement, for those improvements included in the Exhibit A to Resolution OAK #4812-8077-5463 v1 PFFP and constructed by Developer. The Development Agreement further provides that Developer shall not assign the PFFP Credits without the written authorization of City. D. The Developer has submitted building plans and begun the building plan check process. E. City and Developer desire to enter into an agreement regarding (1) Developer’s prepayment of PFFP fees; (2) the transfer of the PFFP Credits to the developer of the Project, as defined in Section 2 below. A G R E E M E N T NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth in this Agreement, the parties hereto agree as follows: 1. Incorporation of Recitals. The foregoing Recitals are true and correct and are hereby incorporated into and form a material part of this Agreement. 2. Property Subject to Agreement. The property which is the subject of this Agreement (“Property”) is located in the City of Rohnert Park, Sonoma County, California, and is described in Exhibit 1, attached hereto and incorporated by this reference. The Property is only a portion of the real property subject to the Development Agreement. The City has approved the development of residential subdivision on the Property (the “Project”). 3. Public Facilities Fee Credit. 3.1. Source and Method of Credit. Subject to the limitations set forth in this Section 3, Developer, or any subsequent developer of the Property, shall receive PFFP Credits for payments received towards the construction of the Eastside Trunk Sewer Phase 3 and Snyder Lane Widening Projects in an amount not to exceed $6,636,244, based upon the payment schedule included as Exhibit 2. Should Developer not complete payments in accordance with the schedule, City shall offer credits only in the amount received by City. 3.2 Implementation of Public Facilities Fee Credit. The PFFP Credits shall be applied against the Public Facilities Fees that would otherwise be applicable to the Project, as the result of construction on the Property. Developer shall be entitled to receive PFFP Credits at the time of issuance of building permits for construction on the Property. The City shall keep an accounting of the balance of PFFP Credits based upon the total prepayment received from Developer and the credits applied to building permits on the Property. The PFFP Credits shall run with the land and may be credited only for development of the Project on the Property, provided that Developer may allocate the use of the PFFP Credits among components of the Project. Developer may authorize the assignment of all or portions of the PFFP Credit balance in writing, with the consent of the City, provided that PFFP Credits may not be assigned outside the boundaries of the Property and the PFFP Credits are fully utilized on the development of the Property. Developer acknowledges and agrees that payment of the PFFP OAK #4812-8077-5463 v1 Credits is limited to the development of the Property and not the entire real property described in the Development Agreement. 3.3 Expiration of Public Facilities Fee Credit. The Public Facilities Fee Credit reflects prepayment by the Developer of Public Facilities Fees that would otherwise be due at the time building permits are issued for structures on the Property. City’s obligation to extend credits shall expire upon the available balance reaching $0.00. 4. Community Facilities District; Intent to Reimburse. City and Developer acknowledge that the California Statewide Communities Development Authority has formed a Community Facilities District that includes the Property. Payment of Public Facilities Fees is potentially eligible for funding through a Community Facilities District and Developer's costs may be reimbursed with the proceeds of Community Facilities District bonds at some future date. 5. Breach of Agreement; Remedies. 5.1. Notice of Breach and Default. The occurrence of any of the following constitutes a breach and default of this Agreement: (1) Developer refuses or fails to complete payment in accordance with the payment schedule. (2) Developer assigns the Agreement without the prior written consent of City. (3) Developer assigns all or a portion of the PFFP Credit balance without the prior written consent of the City. (4) Developer is adjudged bankrupt or makes a general assignment for the benefit of creditors, or a receiver is appointed in the event of Developer's insolvency. (5) Developer or Developer's contractors, subcontractors, agents, employees or assignees, fail to comply with any terms or conditions of this Agreement. The City may serve written notice of breach and default upon Developer. 5.2. Remedies. Should the Developer breach this Agreement, City’s remedy all be to hold all available credits for prepaid funds received under this Agreement for the benefit of the Property. No failure on the part of City to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that City may have hereunder. 6. Miscellaneous. 6.1 Compliance with Laws. Developer shall fully comply with all federal, state and local laws, ordinances and regulations in the performance of this Agreement. Developer shall, at OAK #4812-8077-5463 v1 its own cost and expense, obtain all necessary permits and licenses for the Work, give all necessary notices, pay all fees and taxes required by law and make any and all deposits legally required by those public utilities that will serve the development on the Property. Copies and/or proof of payment of said permits, licenses, notices, fee and tax payments and deposits shall be furnished to the City Engineer upon request. 6.2. Notices. Formal written notices, demands, correspondence and communications between City and Developer shall be sufficiently given if: (a) personally delivered; or (b) dispatched by next day delivery by a reputable carrier such as Federal Express to the offices of City and Developer indicated below, provided that a receipt for delivery is provided; or (c) if dispatched by first class mail, postage prepaid, to the offices of City and Developer indicated below. Such written notices, demands, correspondence and communications may be sent in the same manner to such persons and addresses as either party may from time-to-time designate by next day delivery or by mail as provided in this section. City: City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Attn: City Manager with a copy to: City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Attn: City Attorney Developer: University District LLC 500 La Gonda Way, Ste. 100 Danville, CA 94526 Attn: Mr. Kevin Pohlson Vast Oak Properties L.P. c/o Quaker Hill Development Corp. P.O. Box 2240 Healdsburg, CA 95448 Attn: Mr. Craig R. Harrington Notices delivered by deposit in the United States mail as provided above shall be deemed to have been served two (2) business days after the date of deposit if addressed to an address within the State of California, and three (3) business days if addressed to an address within the United States but outside the State of California. 6.3 Attorney Fees. Should any legal action or arbitration be brought by either party because of breach of this Agreement or to enforce any provision of this Agreement, the prevailing party shall be entitled to all costs of suit; reasonable attorney fees, arbitration costs and such other OAK #4812-8077-5463 v1 costs as may be determined by the court or arbitrator. 6.4. Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between City and Developer with respect to the matters addressed in this Agreement. This Agreement may not be altered, amended or modified without the written consent of both parties hereto. 6.5. Runs with the Land; Recordation. This Agreement pertains to and shall run with the Property. Upon execution, this Agreement shall be recorded in the Official Records of Sonoma County. 6.6. Transfers; Assignments. Developer may assign its obligations under this Agreement to successor owner(s) of the Property Subject to the Agreement with the prior written approval of the City. In connection with any such assignment, Developer and its assignee shall execute and deliver to City a written assignment and assumption agreement in a form acceptable to the City Attorney. 6.7. Time is of the Essence. Time is of the essence of this Agreement and of each and every term and condition hereof. 6.8. Severability. If any provision of this Agreement is held, to any extent, invalid, the remainder of this Agreement shall not be affected, except as necessarily required by the invalid provision, and shall remain in full force and effect. 6.9. Waiver or Modification. Any waiver or modification of the provisions of this Agreement must be in writing and signed by the authorized representative(s) of each Party. 6.10. Relationship of the Parties. Neither Developer nor Developer's contractors, subcontractors, agents, officers, or employees are agents, partners, joint venturers or employees of City and the Developer's relationship to the City, if any, arising herefrom is strictly that of an independent contractor. Developer’s contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Further, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 6.11. Binding Upon Heirs, Successors and Assigns. The terms, covenants and conditions of this Agreement shall be binding upon all heirs, successors and assigns of the parties hereto; provided, however, that this Agreement shall not be binding upon a purchaser or transferee of any portion of the Property unless this Agreement has been assigned pursuant to Section 7.6, in which event this Agreement shall remain binding upon Developer. 6.12. Governing Law; Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California, without reference to choice of law provisions. Any legal actions under this Agreement shall be brought only in the Superior Court of the County of Sonoma, State of California. OAK #4812-8077-5463 v1 6.13. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original. 6.14. Interpretation. This Agreement shall be construed according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall apply to the interpretation of this Agreement. 6.15. Headings. Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants or conditions contained in this Agreement. 6.16. Authority. Each party executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation or trustee, that such partnership, corporation or trustee has full right and authority to enter into this Agreement and perform all of its obligations hereunder. 6.17 Joint and Several Liability. University District and Vast Oak agree to and shall be jointly and severally liable for all obligations of Developer under this Agreement. IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the Effective Date. (signatures on following page) OAK #4812-8077-5463 v1 "CITY" CITY OF ROHNERT PARK, a California municipal corporation Dated: By: City Manager Per Resolution No. 2015-____ adopted by the Rohnert Park City Council at its meeting of September 8, 2015. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney OAK #4812-8077-5463 v1 Dated: "DEVELOPER" University District LLC, ________________________________________ By: Kevin Pohlson Vice President By:_________________________________ Gregory Glenn Chief Financial Officer Vast Oak Properties L.P. ________________________________________ By: Craig R. Harrington General Partner OAK #4812-8077-5463 v1 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF SONOMA ) On __________________ before me, _______________________________________, (here insert name and title of the officer) 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) OAK #4812-8077-5463 v1 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF CONTRA COSTA ) On __________________ before me, _______________________________________, (here insert name and title of the officer) 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) OAK #4812-8077-5463 v1 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF SONOMA ) On __________________ before me, _______________________________________, (here insert name and title of the officer) 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) ITEM NO. ____ 1 Meeting Date: September 8, 2015 Department: Administration Submitted By: Darrin Jenkins, City Manager Prepared By: Darrin Jenkins, City Manager Agenda Title: Adoption of a City of Rohnert Park Grant Support Policy RECOMMENDED ACTION: Consider adoption of a City of Rohnert Park Grant Support Policy. BACKGROUND: From time-to-time non-profit community groups, businesses, and other governmental agencies (for example Sonoma County Water Agency) apply for grants and seek letters of support from the City of Rohnert Park. Invariably, the requests for support letters come with very short notice, providing insufficient time to bring forward a City Council item for consideration. In an effort to assist our non-profit community groups, businesses and other local government agencies bring funds into our community; staff would like the Mayor, Vice-mayor, or City Manager to be allowed to send letters of support in a timely manner. At the August 25, 2015 City Council meeting, this matter was reviewed and discussed by Council with direction to provide the item at a future meeting for consideration of adoption. Department Head Approval Date: N/A City Manager Approval Date: 9/1/15 City Attorney Approval Date: N/A Attachments: 1. Resolution 2. Exhibit A to Resolution - Draft Grant Support Policy 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 RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AND ADOPTING A CITY OF ROHNERT PARK GRANT SUPPORT POLICY WHEREAS, from time to time, non-profit community groups, businesses, and other governmental agencies apply for grants and seek letters of support from the City of Rohnert Park; and WHEREAS, grant support letter requests typically provide short response notice creating insufficient time to bring forward as a City Council item for consideration; and WHEREAS, in an effort to assist our non-profit community groups, businesses and other local government agencies bring funds into our community; authorizing the Mayor, Vice Mayor, or City Manager to send letters of support in a timely manner would solve the current constraints; and WHEREAS, the City Council wishes to adopt a Grant Support Policy authorizing the Mayor, Vice Mayor, or City Manager to send letters of support on behalf of the City to requesting parties. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Rohnert Park hereby adopts a “City of Rohnert Park Grant Support Policy,” attached as “Exhibit A” to this Resolution. DULY AND REGULARLY ADOPTED this 8th day of September, 2015. CITY OF ROHNERT PARK ____________________________________ Mayor Amy O. Ahanotu ATTEST: ______________________________ JoAnne M. Buergler, City Clerk Attachment: Exhibit A CALLINAN: _________ MACKENZIE: _________ STAFFORD: _________ BELFORTE: _________ AHANOTU: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) (Exhibit A to Resolution) CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT TITLE: POLICY NO: DATE APPROVED: REVISION NUMBER: APPROVED BY:  MINUTE ORDER DATE: ___________________  RESOLUTION NO. _______________________  MINUTE ORDER DATE: ___________________ AUTHORIZED BY: Sign:___________________________________ Mayor Date:_______________________ Page 1 of 1 Purpose The City of Rohnert Park encourages non-profit community groups, businesses, and other local governments to seek funding opportunities through state, federal, and other grant programs. Funds brought into our community benefit the people of our community. Policy The Mayor, Vice-mayor, and City Manager are hereby authorized to send letters of support on behalf of the City Council as part of grant applications when the grants meet all the following criteria: 1) The grant would fund services, programs, projects, or equipment benefiting the people of Rohnert Park and that are consistent with existing City services and/or policies established by the City Council. 2) The grant does not require additional City resources to provide the service, program, project, or equipment. 3) The City Manager or his/her designee reviewed the grant materials to confirm consistency with this policy. W 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: September 8, 2015 Department: Administration Submitted By: Darrin Jenkins, City Manager Prepared By: Darrin Jenkins, City Manager Agenda Title: Adoption of a City of Rohnert Park Grant Support Policy RECOMMENDED ACTION: Consider adoption of a City of Rohnert Park Grant Support Policy. BACKGROUND: SUPPLEMENTAL AGENDA ITEM NO. 7.D.7 9/8/15 From time -to -time non - profit community groups, businesses, and other governmental agencies (for example Sonoma County Water Agency) apply for grants and seek letters of support from the City of Rohnert Park. Invariably, the requests for support letters come with very short notice, providing insufficient time to bring forward a City Council item for consideration. In an effort to assist our non - profit community groups, businesses and other local government agencies bring funds into our community; staff would like the Mayor or City Manager to be allowed to send letters of support in a timely manner. At the August 25, 2015 City Council meeting, this matter was reviewed and discussed by Council with direction to provide the item at a future meeting for consideration of adoption. Department Head Approval Date: N/A City Manager Approval Date: 9/1/15 City Attorney Approval Date: N/A Attachments: 1. Resolution 2. Exhibit A to Resolution - Draft Grant Support Policy SUPPLEMENTAL AGENDA ITEM NO. 7.1) .7 9/8/15 RESOLUTION NO. 2015 -147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AND ADOPTING A CITY OF ROHNERT PARK GRANT SUPPORT POLICY WHEREAS; from time to time, non - profit community groups, businesses, and other governmental agencies apply for grants and seek letters of support from the City of Rohnert Park; and WHEREAS, grant support letter requests typically provide short response notice creating insufficient time to bring forward as a City Council item for consideration; and WHEREAS, in an effort to assist our non - profit community groups, businesses and other local government agencies bring funds into our community; authorizing the Mayor or City Manager to send letters of support in a timely manner would solve the current constraints; and WHEREAS, the City Council wishes to adopt a Grant Support Policy authorizing the Mayor or City Manager to send letters of support on behalf of the City to requesting parties. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Rohnert Park hereby adopts a "City of Rohnert Park Grant Support Policy," attached as "Exhibit -A" to this Resolution. DULY AND REGULARLY ADOPTED this 81h day of September, 2015. CITY OF ROHNERT PARK Mayor Amy O. Ahanotu ATTEST: JoAnne M. Buergler, City Clerk BELFORTE: MACKENZIE: STAFFORD: AHANOTU: CALLINAN: AYES: ( ) NOES: ( ) ABSENT:( ) ABSTAIN: ( ) (Exhibit A to Resolution) CITY OF ROHNERT PARK �A�� }•w5� CITY COUNCIL POLICY SUPPLEMENTAL AGENDA ITEM NO. 7.D.7 9/8/15 SUBJECT TITLE: POLICY NO: DATE APPROVED: REVISION NUMBER: APPROVED BY: AUTHORIZED BY: ❑ MINUTE ORDER DATE: Sign: ❑ RESOLUTION NO. Mayor ❑ MINUTE ORDER DATE: Date: PURPOSE The City of Rohnert Park encourages non - profit community groups, businesses, and other local governments to seek funding opportunities through state, federal, and other grant programs. Funds brought into our community benefit the people of our community. POLICY The Mayor and City Manager are hereby authorized to send letters of support on behalf of the City Council as part of grant applications when the grants meet all the following criteria: 1) The grant would fund services, programs, projects, or equipment benefiting the people of Rohnert Park and that are consistent with existing City services and /or policies established by the City Council. 2) The grant does not require additional City resources to provide the service, program, project, or equipment. 3) The City Manager or his /her designee reviewed the grant materials to confirm consistency with this policy. Page 1 of 1 ITEM NO. 1 Meeting Date: September 8, 2015 Department: Public Works and Community Services Submitted By: John McArthur, Director of Public Works and Community Services Prepared By: Terrie Zwillinger, Public Works Project Coordinator Agenda Title: Consideration of the Callinan Sports and Fitness Center Locker Room Remodel Project No. 2013-05 - Finding the Project Exempt from CEQA, Approving and Adopting Plans and Specifications, and Awarding the Contract to Carr’s Construction Services, Inc. RECOMMENDED ACTIONS: Staff recommends that the City Council adopt a Resolution approving and adopting the plans and specifications for the Callinan Sports and Fitness Center Locker Room Remodel Project No. 2013-05, finding such action exempt from California Environmental Quality Act (CEQA), and accepting the bids and awarding the contract for the Callinan Sports and Fitness Center Locker Room Remodel Project No. 2013-05 to Carr’s Construction Services, Inc. in the amount of $569,150.00. BACKGROUND: The Callinan Sports and Fitness Center Locker Room Remodel Project was identified as a high- priority project in the Public Facilities Project Priority List for 2007R Tax Allocation Bond (TAB) expenditures. The project was then included in the Recognized Obligation Payment Schedule (ROPS) for the January-June 2015 (ROPS 14-15B) period. The funds from the 2007R TAB Proceeds for this and other previously identified facility projects have been approved by the State Department of Finance for expenditure. $778,921 was allocated to the Project. The plans, specifications and cost estimate for the Callinan Sports and Fitness Center Locker Room Remodel Project were prepared by Glass Architects, of Santa Rosa California. The project includes the following improvements: • Private shower stalls with attached changing areas • Locker replacement • Demolishing of existing in-ground spas • Lavatory countertops upgrade • Americans with Disabilities Act (ADA) accessibility upgrades • New grooming areas • Lighting fixture upgrades • Tile replacement and structural repairs 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 ITEM NO. 2 ANALYSIS: The City of Rohnert Park Municipal Code Title 3, Chapter 3.04, Section 3.04.020 provides that the City's purchasing functions shall be governed by the City's purchasing policy. An invitation to bid was posted/published on July 28, 2015, consistent with City of Rohnert Park Purchasing Policy Section 3.6.6F Contracts for Public Projects which defers to the Uniform Construction Cost Accounting Procedures (UCCAP) set forth in the Uniform Public Construction Cost Accounting Act. There is known water damage within the common wall between the men’s restroom and men’s locker room, however the extent of damage will not be known until the tile on the wall is removed. Currently, repair on the wall within the men’s restroom is not included in the scope. Because of the unknown magnitude of the wall rehabilitation work, staff recommends providing the City Manager authority to sign up to 15% of the construction contract award amount in contract change orders. This project was designed to renovate and replace components of the facility while meeting current standards of accessibility to comply with Americans with Disabilities Act (ADA) requirements. The engineer’s estimate for the project is approximately $557,000. One Bid Alternate was included in the contract documents: replacement of lobby carpet. This item was identified as an alternate to solicit costs from the contractor during bid so that the City could determine whether this item could be added to the project depending on available project budget and cost of proposals. The project was advertised for bid on July 28, 2015 and a mandatory pre-bid meeting was held on August 5, 2015. Eight contractors (both general and sub-contractors) attended the meeting. Bid Analysis Bid opening occurred on August 20, 2015 at 2:00 PM and staff received five (5) bids, as listed below: No. Contractor Base Bid Amount/ Bid Alternative Amount 1 Carr’s Construction Service, Inc Santa Rosa, CA $569,150/ $24,000 2 Murray Building, Inc Sonoma, CA $599,000/ $22,431 3 GCII, Inc Santa Rosa, CA $634,900/ $21,000 4 Raesfeld Associates, Inc Petaluma, CA $659,278.00/ $13,111 5 FRC, Inc Petaluma, CA $671,000/ $18,300 Staff reviewed the bids for responsiveness and contractor responsibility. The apparent low bidder is Carr’s Construction Service, Inc with a base bid of $569,150. The cost for the bid alternative was $24,000. Bid Alternative Lobby Carpet Replacement: The existing carpet in the Callinan Sports and Fitness Center lobby is in extreme disrepair and is in need of replacement. The carpet cost provided by Carr’s ITEM NO. 3 Construction Service, Inc was found to be higher cost than the other bids submitted. Thus, staff recommends not authorizing Bid Alternative 1 into the Contract award. Total Project Budget The total recommended cost to award the construction contract to Carr’s Construction Service, Inc. is $569,150. The total recommended project costs are as follows: Item Amount Construction Cost Base Bid from Carr’s Construction Service, Inc $569,150.00 Total Recommended Construction Contract Award $569,150.00 15% Construction Contingency $85,372.50 Design Engineer Costs $73,415.00 CM/Inspection Estimate (10% of Construction) $56,000.00 Other Project Related Costs $5,506.29 Total Project Cost $789,443.79 Included in the bid package was a requirement of the contractor to fill out a “Bidder’s Qualification Form” that lists references for projects of similar scope to the Callinan Sports and Fitness Center Locker Room Remodel Project. Staff contacted the references and received positive feedback. The contractor is found to be responsible and responsive. Staff recommends that the City Council approve and adopt the plans and specifications as well as accepting the bids and awarding a contract to the lowest responsible and responsive bidder, being Carr’s Construction Service, Inc. Adopting the resolution would find the project to be exempt under CEQA regulations. Staff will administer this project with a consultant for construction management and inspection services during construction. These costs are included in the project budget detailed above. Timeline If the City Council awards the bid, construction of the project would begin the towards the end of September, 2015. The construction period is 90 calendar days in the contract documents. Under the best circumstances, construction would be complete by the first week of January, 2016. However, wet weather and other unforeseen conditions would extend the construction period until later into the New Year. A ribbon-cutting ceremony will be held when the project is complete and open to the public. Public Outreach Staff has been keeping the membership up to date with the anticipated construction schedule via posters in the Callinan Sports and Fitness Center lobby and informing the Parks and Recreation Committee at meetings. As described above, a ribbon-cutting ceremony will be held when the project is complete to celebrate the grand opening of the locker rooms. ENVIRONMENTAL ANALYSIS: The Project involves renovation of an existing facility and there is no expansion of the existing use. Therefore, the Project is categorically exempt from the requirements of the CEQA pursuant to Sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction) of the CEQA Guidelines. (14 Cal. Code Regs. §§ 15301, 15302). ITEM NO. 4 OPTIONS CONSIDERED: This project was designed to renovate and replace components of the facility while meeting current standards of accessibility to comply with the ADA. If renovation work is not constructed, the locker rooms will continue to fall into disrepair and may affect retainage of the existing membership. Staff does not recommend this option. FISCAL IMPACT/FUNDING SOURCE: The project is funded from the 2007R TAB Bonds, Project PR-71. No General Fund monies are being used on this project. The project cost included in the 2007R TAB Proceeds Project list for the project is $778,921. Department Head Approval Date: 8/17/15 City Manager Approval Date: 9/2/15 City Attorney Approval Date: 8/24/15 Attachments (list in packet assembly order): 1. Attachment A to Staff Transmittal (Callinan Sports and Fitness Center Locker Room Remodel Project Location Map) 2. Resolution approving and adopting the plans and specifications for the Callinan Sports and Fitness Center Locker Room Remodel Project, finding the project exempt from CEQA, and accepting the bids and awarding the contract for the Callinan Sports and Fitness Center Locker Room Remodel Project No. 2013-05 to Carr’s Construction Service, Inc in an amount of $569,150. a. Exhibit A to the Resolution (Contract) RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AND ADOPTING THE PLANS AND SPECIFICATIONS FOR THE CALLINAN SPORTS AND FITNESS LOCKER ROOM REMODEL PROJECT NO. 2013-05 AND AWARDING THE CONTRACT TO CARR’S CONSTRUCTION SERVICE, INC., AND FINDING THE PROJECT EXEMPT FROM CEQA WHEREAS, the Callinan Sports and Fitness Center Locker Room Remodel Project No. 2013-05 (“Project”) will renovate and replace components of the existing facilities in the locker rooms; and WHEREAS, the City of Rohnert Park Municipal Code Title 3, Chapter 3.04, Section 3.04.020 provides that the City's purchasing functions shall be governed by the City's purchasing policy; and WHEREAS, because of the unknown magnitude of the wall rehabilitation work, staff recommends providing the City Manager authority to sign up to 15% of the construction contract award amount in contract change orders; and WHEREAS, consistent with City of Rohnert Park Purchasing Policy Section 3.6.6F Contracts for Public Projects which defers to the Uniform Construction Cost Accounting Procedures (“UCCAP”) set forth in the Uniform Public Construction Cost Accounting Act, an invitation to bid was posted/published on July 28, 2015, for the Project; and WHEREAS, the Project is funded through the 2007R Tax Allocation Bond (“TAB”) funds; and WHEREAS, the plans and specifications for the Project were designed by Glass Architects, of Santa Rosa California, and approved by the City Engineer and WHEREAS, the Project was advertised for bid and bids were opened on August 20, 2015; and WHEREAS, Public Works staff reviewed the bids received for responsiveness; and WHEREAS, Public Works staff determined that Carr’s Construction Service, Inc, submitted the lowest cost bid and is the lowest responsive and responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park as follows: Section 1. The above recitals are true and correct and material to this Resolution. Section 2. In making its findings the City Council relied upon and hereby incorporates by reference all of the bid materials, correspondence, staff reports and all other related materials. Section 3. The Project is categorically exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant CEQA Guidelines sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction) (14 Cal. Code Regis. §§ 15301, 15302). Section 4. The plans and specifications for the Callinan Sports and Fitness Center Locker Room Remodel Project No. 2013-05 are hereby approved and adopted. Section 5. In accordance with California Public Contract Code Section 20160 et seq. and following any other applicable laws, the bids for the Project are accepted, and that Carr’s Construction Service, Inc. is hereby found to be the lowest responsive and responsible bidder and any irregularities in such bid are waived in accordance with applicable law. Section 6. An agreement by Carr’s Construction Service, Inc. and the City of Rohnert Park for the Project in the amount of Five-hundred Sixty-Nine Thousand, One-hundred Fifty dollars ($569,150.00) has been prepared by the City. Section 7. The City Manager is authorized to sign Contract Change Orders up to 15% of the construction contract award amount. Section 8. The City Manager is hereby authorized and directed to take all actions to effectuate this agreement for and on behalf of the City of Rohnert Park, including execution, if necessary, in substantially similar form to the agreement attached hereto as Exhibit “A,” subject to minor modifications by the City Manager or City Attorney. Section 9. City staff is hereby directed to issue a Notice of Award to Carr’s Construction Service for this project. Section 10. This Resolution shall become effective immediately. Section 11. All portions of this Resolution are severable. Should any individual component of this Resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining Resolution portions shall continue in full force and effect, except as to those Resolution portions that have been adjudged invalid. The City Council of the City of Rohnert Park hereby declares that it would have adopted this Resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more section, subsection, clause, sentence, phrase or other portion may be held invalid or unconstitutional. DULY AND REGULARLY ADOPTED this 8th day of September, 2015. CITY OF ROHNERT PARK ____________________________________ Amy O. Ahanotu, Mayor ATTEST: _____________________________ JoAnne M. Buergler, City Clerk CALLINAN: _________ BELFORTE: _________ MACKENZIE: _________ STAFFORD: _________ AHANOTU: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) 1 EXHIBIT A TO THE RESOLUTION C O N T R A C T CALLINAN SPORTS AND FITNESS CENTER LOCKER ROOM REMODEL PROJECT NO. 2013-05 THIS AGREEMENT, made and entered into this ___________ day of September, 2015, by and between Carr’s Construction Service, Inc, hereinafter called "Contractor", and the City of Rohnert Park, hereinafter called "City". W I T N E S S E T H : WHEREAS, the City Council of said City has awarded a contract to Contractor for performing the work hereinafter mentioned in accordance with the sealed proposal of said Contractor. NOW, THEREFORE, IT IS AGREED, as follows: 1. Scope of Work: The Contractor must perform all the work and furnish all the labor, materials, equipment and all utility and transportation services required to complete all of the work of construction and installation of the improvements more particularly described in the Resolution adopted by the City Council of said City on September 8, 2015 the items and quantities of which are more particularly set forth in the Contractor's bid therefor on file in the office of the City Clerk, except work to be performed by subcontractors as set forth in the Contractor’s bid and for which the Contractor retains responsibility. 2. Time of Performance and Liquidated Damages: The Contractor must begin work within fifteen (15) calendar days after official notice by the City Engineer to proceed with the work and must diligently prosecute the same to completion within ninety (90) calendar days of that Notice. The Contractor acknowledges and agrees that time is of the essence with respect to Contractor’s work and that Contractor shall diligently pursue performance of the work. In the event the Contractor does not complete the work within the time limit so specified or within such further time as said City Council must have authorized, the Contractor must pay to the City liquidated damages in the amount of $1,000 per day for each and every day's delay in finishing the work beyond the completion date so specified. Additional provisions with regard to said time of completion and liquidated damages are set forth in the specifications, which provisions are hereby referred to and incorporated herein by reference. 3. Payments: Payments will be made by City to the Contractor for said work performed at the times and in the manner provided in the specifications and at the unit prices stated in Contractor's bid. 2 The award of the contract is for a total amount of Five-hundred Sixty-Nine Thousand, One- hundred Fifty dollars ($569,150.00) base bid. 4. Component Parts and Interpretation: This contract must consist of the following documents, each of which is on file in the office of the City Clerk and all of which are incorporated herein and made a part hereof by reference thereto: a) This Agreement b) Notice Inviting Sealed Proposals c) Instruction and Information to Bidders d) Accepted Proposal, with all attachments and certifications e) Faithful Performance Bond f) Labor and Material Bond g) Special Provisions h) Standard Specifications i) Design Standards j) Plans, Profiles and Detailed Drawings In the event of conflict between these documents, the following order of precedence will govern: this contract; change orders; supplemental agreements and approved revisions to plans and specifications; special conditions; standard specifications; detail plans; general plans; standard plans; reference specifications. In the absence of a controlling or contrary provision in the foregoing, the Standard Specifications (2010 edition) of the California Department of Transportation shall apply to this project. 5. Independent Contractor. Contractor is and will at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, or agents will have control over the conduct of Contractor or any of Contractor’s officers, employees, agents or subcontractors, except as expressly set forth in the Contract Documents. Contractor may not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of City. 6. Prevailing Wages: Copies of the determination of the Director of the Department of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this Contract will be on file in, and available at, the office of the Director at 601 Carmen Drive, Camarillo, California 93010. Contractor must post at the work site, or if there is no regular work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.) Contractor, and any subcontractor engaged by Contractor, may pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records. 3 Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $200.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate. Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract. Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under § 1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations. If federal funds are used to pay for the Work, Contractor and any subcontractor agree to comply, as applicable, with the labor and reporting requirements of the Davis-Bacon Act (40 USC § 276a-7), the Copeland Act (40 USC § 276c and 18 USC § 874), and the Contract Work Hours and Safety Standards Act (40 USC § 327 and following). 7. Hours of Labor: Contractor acknowledges that under California Labor Code sections 1810 and following, eight hours of labor constitutes a legal day’s work. Contractor will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. 8. Apprentices: Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any Subcontractor under him. Section 1777.5, as amended, requires the Contractor or Subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the Contract. The ratio of apprentices to journeymen in such cases must not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for 4 certificate, or B. When the number of apprentices in training in that area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the assignment of an apprentice to any work performed under a public works Contract would create a condition which would jeopardize his life or the life, safety, or property of fellow employees or the public at large, or if the specified task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman, or E. When the Contractor provides evidence that he employs registered apprentices on all of his Contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship program if he employs registered apprentices or journeymen in any apprenticeable trade on such Contracts and if other Contractors on the public works site are making such contributions. The Contractor and any Subcontractor under him must comply with the requirements of Section 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. . 9. Labor Discrimination: Attention is directed to Section 1735 of the Labor Code, which reads as follows: "A contractor must not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter. " 10. Workmen's Compensation Insurance: In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the Contractor is required to secure the payment of compensation to his employees and must for that purpose obtain and keep in effect adequate Workmen's Compensation Insurance. 5 The undersigned Contractor is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this contract. 11. Indemnity and Insurance: To the fullest extent permitted by law, Contractor must indemnify, hold harmless, release and defend City, its officers, elected officials, employees, agents, volunteers, and consultants from and against any and all actions, claims, demands, damages, disability, losses, expenses including, but not limited to, attorney's fees and other defense costs and liabilities of any nature that may be asserted by any person or entity including Contractor, in whole or in part, arising out of Contractor’s activities hereunder, including the activities of other persons employed or utilized by Contractor including subcontractors hired by the Contractor in the performance of this Agreement excepting liabilities due to the active negligence of the City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Contractor under Worker's Compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Contractor and must continue to bind the parties after termination/completion of this Agreement. Contractor shall procure and maintain throughout the time for performance of the work under this Contract the insurance required by the Special Provisions. The requirement that Contractor procure and maintain insurance shall in no way be construed to limit the Contractor’s duty to indemnify City as provided in the paragraph above. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 12. City Right of Termination and Right to Complete the Work. The City may terminate the Contract when conditions encountered during the work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. In addition, the occurrence of any of the following is a default by Contractor under this Contract: A. Contractor refuses or fails to prosecute the Work or any part thereof with such diligence as will insure its completion within the time specified or any permitted extension. B. Contractor fails to complete the Work on time. C. Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors, or a receiver is appointed on account of Contractor’s insolvency. D. Contractor fails to supply enough properly skilled workers or proper materials to complete the Work in the time specified. E. Contractor fails to make prompt payment to any subcontractor or for material or labor. 6 F. Contractor fails to abide by any applicable laws, ordinances or instructions of City in performing the Work. G. Contractor breaches or fails to perform any obligation or duty under the Contract. Upon the occurrence of a default by Contractor, the Director will serve a written notice of default on Contractor specifying the nature of the default and the steps needed to correct the default. Unless Contractor cures the default within 10 days after the service of such notice, or satisfactory arrangements acceptable to City for the correction or elimination of such default are made, as determined by City, City may thereafter terminate this Contract by serving written notice on Contractor. In such case, Contractor will not be entitled to receive any further payment, except for Work actually completed prior to such termination in accordance with the provisions of the Contract Documents. In event of any such termination, City will also immediately serve written notice of the termination upon Contractor’s surety. The surety will have the right to take over and perform pursuant to this Contract; provided, however, that if the surety does not give City written notice of its intention to take over and perform this Contract within five days after service of the notice of termination or does not commence performance within 10 days from the date of such notice, City may take over the Work and prosecute the same to completion by contract or by any other method it may deem advisable for the account and at the expense of Contractor. Contractor and the surety will be liable to City for any and all excess costs or other damages incurred by City in completing the Work. If City takes over the Work as provided in this Section, City may, without liability for so doing, take possession of, and utilize in completing the Work, such materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Work and necessary for the completion of the Work. 13. Substitution of Securities for Withheld Amounts: Pursuant to California Public Contracts Code Section 22300, securities may be substituted for any moneys withheld by a public agency to ensure performance under a contract. At the request and sole expense of the Contractor, securities equivalent to the amount withheld must be deposited with the public agency, or with a state or federally chartered bank as the escrow agent, who must pay such moneys to the Contractor upon satisfactory completion of the contract. Securities eligible for substitution under this section must include those listed in the California Public Contracts Code Section 22300 or bank or savings and loan certificates of deposit. The Contractor must be the beneficial owner of any securities substituted for moneys withheld and must receive any interest thereon. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for 7 in Section 22300 for securities deposited by the Contractor. Upon satisfactory completion of the Contract, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City, pursuant to the terms of this section. Any escrow agreement entered into pursuant to this section must contain as a minimum the following provisions: a. The amount of securities to be deposited; b. The terms and conditions of conversion to cash in case of the default of the Contractor; and c. The termination of the escrow upon completion of the contract. 14. General Provisions A. Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Contract and to bind it to the performance of its obligations. B. Assignment. Contractor may not assign this Contract without the prior written consent of City, which consent may be withheld in City’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract. C. Binding Effect. This Agreement is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties. D. Integrated Contract. This Contract, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the Work to be performed under this Contract and supersedes all other agreements or understandings, whether oral or written, between Contractor and City prior to the execution of this Contract. E. Modification of Contract. No amendment to or modification of this Contract will be valid unless made in writing and approved by Contractor and by the City Council or City Manager, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void. F. Counterparts, Facsimile or other Electronic Signatures. This Contract may be executed in several counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument. Amendments to this Contract will be considered executed when the signature of a party is delivered by facsimile or other electronic transmission. Such facsimile or other electronic signature will have the same effect as an original signature. G. Waiver. Waiver by any Party of any term, condition, or covenant of this Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Contract will not constitute a waiver of any other 8 provision, or a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance by City of any Work performed by Contractor will not constitute a waiver of any of the provisions of this Contract. H. Interpretation. This Contract will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Contract with legal counsel. The Contract will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party. I. Severability. If any term, condition or covenant of this Contract is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Contract will not be affected and the Contract will be read and construed without the invalid, void or unenforceable provision. J. Venue. In the event of litigation between the parties, venue in state trial courts will be in the County of Sonoma. In the event of litigation in a U.S. District Court, venue will be in the Northern District of California. IN WITNESS WHEREOF, the City of Rohnert Park has caused these presents to be executed by its officers, thereunto duly authorized, and Contractor has subscribed same, all on the day and year first above written. CITY OF ROHNERT PARK CARR’S CONSTRUCTION SERVICE, INC ____________________________________ City Manager Date Name/Title Date Per Resolution No. __________adopted by the Rohnert Park City Council at its meeting of September 8, 2015 ATTEST: APPROVED AS TO FORM: ____________________________________ City Clerk City Attorney ITEM NO. _____________ 1 Sep Meeting Date: September 8, 2015 Department: Development Services Submitted By: Mary Grace Pawson, Acting Director of Development Services Prepared By: Jeffrey Beiswenger, Planner III Agenda Title: Authorizing and Approving the Third Amendment to Consultant Services Agreement with AECOM Technical Services, Inc. for Professional Planning Services for the Central Rohnert Park Priority Development Area RECOMMENDED ACTION: Authorize and approve the Third Amendment to Consulting Services Agreement with AECOM Technical Services, Inc. for professional planning services for the Central Rohnert Park Priority Development Area. BACKGROUND: The City’s Strategic Plan 2012-2016 includes a strategy to “integrate State Farm/SMART Train/City Center into a Priority Development Area.” In order to move forward on this Strategic Plan strategy, the City applied for a Priority Development Area (PDA) Planning grant from the Metropolitan Transportation Commission (MTC). On June 13, 2012, the MTC Board awarded the City a $448,000 grant for a PDA plan and environmental document for the Central Rohnert Park PDA. On January 3, 2013, the City issued a Request for Proposals soliciting qualified firms to provide professional planning, environmental, engineering and economic analysis services for the Central Rohnert Park PDA Plan and environmental analysis. Eight proposals were received and evaluated, and from these firms, City staff invited five firms for interviews. City staff and a staff member from the Association of Bay Area Governments (ABAG) conducted interviews on March 6, 2013. After further evaluation and reference checks, AECOM Technical Services, Inc. (“AECOM”) was selected as the successful proposer and awarded a contract on May 14, 2013, for $448,000. The contract has been previously amended twice to approve the insurance levels of one of AECOM’s subconsultants and a second time to add $20,000 to the scope for additional urban design services. AECOM has been working with the City to develop the PDA plan and portions of the plan have been prepared (e.g., public participation plan, development scenarios, issue analysis memos). Public workshops, including study sessions with the Planning Commission and City Council have been held to discuss certain portions of the plan. Some of this effort has resulted in additional urban design and meeting facilitation services that were not anticipated by the original scope of work, so adjustments have been made to the attached Scope of Work for City Council consideration. Proposed amendments to the scope of work include changes to the public involvement plan to incorporate an additional Planning Commission and City Council joint meeting. AECOM will help staff prepare for this meeting, provide facilitation services at this meeting and help 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 ITEM NO. _____________ 2 incorporate Planning Commission and City Council input into the PDA document. The additional scope of work results in an additional cost of $7,810. OPTIONS CONSIDERED: (1) Option 1. Adopt the resolution to amend the scope of work and budget as proposed. This is the recommended option. (2) Option 2. Do not approve the contract amendment. Use current City staff to supplement that AECOM work effort on the PDA plan. This option is not recommended as the current workload of Development Services exceeds the staffing capacity to perform this work. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact of the proposed amendment is $7,810. The funding source for the current contract is a grant from MTC for $448,000. This agreement was amended in June to increase the contract amount to $468,000 and this amendment would increase the total contract amount to $475,810. Because there is no additional grant funding, staff is proposing to fund the amendment from the General Plan Maintenance Fee Fund because the additional urban design work will support amending the City’s General Plan to include the Central Rohnert Park Planned Development Area. No General Fund monies will be used for this contract. Department Head Approval Date: 8/17/15 City Manager Approval Date: 9/1/15 City Attorney Approval Date: 8/25/15 Attachments (list in packet assembly order): 1. Resolution Authorizing and Approving the Third Amendment to the Consultant Services Agreement with AECOM Technical Services Inc. for Professional Planning Services for the Central Rohnert Park Priority Development Area 2. Exhibit A to Resolution – Third Amendment to the Consultant Service Agreement with AECOM Technical Services, Inc. 3. Exhibits B to Resolution - Revisions to Scope of Work and Fee RESOLUTION NO. 2015- RESOLUTION OF THE CITY OF COUNCIL OF THE ROHNERT PARK AUTHORIZING AND APPROVING THE THIRD AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH AECOM TECHNICAL SERVICES, INC., FOR PROFESSIONAL PLANNING SERVICES FOR THE CENTRAL ROHNERT PARK PLANNED DEVELOPMENT AREA 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 May 14, 2013, City and AECOM Technical Service, Inc. (“Consultant”) entered into that certain agreement entitled “Consultant Services Agreement” (“Agreement”) to provide professional planning services in connection with the preparation of Central Rohnert Park Priority Development Area Plan / Environmental Analysis; WHEREAS, on July 31, 2013, City and Consultant entered into the First Amendment to the Agreement to allow for the limits of insurance carried by Consultant’s subcontractor, BAE Urban Economics, Inc.; WHEREAS, on June 9, 2015, City and Consultant entered into the Second Amendment to the Agreement to make amendments to the project Scope of Work (“Scope”) and to provide for additional urban design work not identified in the original Scope. WHEREAS, City and Consultant now desire to enter into a Third Amendment to the Agreement to allow for AECOM to provide facilitation services relating to a joint City Council and Planning Commission meeting and urban design services to help the City develop downtown formation strategies. This work was not identified in the original scope. 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 Third Amendment to the Agreement between AECOM and the City of Rohnert Park is hereby authorized and approved in an amount not to exceed an additional seven thousand, eight hundred and ten dollars ($7,810.00). Section 4. Authorization. That the City Manager is hereby authorized and directed to take all actions to effectuate the Third Amendment to the Agreement for and on behalf of the City of Rohnert Park, including execution if necessary, in substantially similar form to the Third Amendment attached hereto and incorporated by this reference as Exhibit “A,” subject to minor modifications by the City Manager or City Attorney. Section 5. Budget Appropriation. That the Finance Director is hereby authorized and directed to appropriate $7,810 from the General Plan Maintenance Fund (103-P101-400-6999) to the Central Rohnert Park Priority Development Area Program Budget (001-P101-400-6101). DULY AND REGULARLY ADOPTED this 8th day of September, 2015. CITY OF ROHNERT PARK ____________________________________ Amy O. Ahanotu, Mayor ATTEST: _____________________________ JoAnne Buergler, City Clerk Attachment (Exhibit “A”) – Third Amendment Attachment (Exhibit “B”) – Scope of Work CALLINAN: _________ MACKENZIE: _________ STAFFORD: _________ BELFORTE: _________ AHANOTU: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) THIRD AMENDMENT TO THE CONSULTANT SERVICE AGREEMENT This Third Amendment to Consultant Services Agreement between the City of Rohnert Park (“City”) and AECOM TECHNICAL SERVICES, INC. (“Consultant”) for additional services (“Third Amendment”) is entered into as of the eighth day of September, 2015, (“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 entered into a First Amendment to allow for limits of insurance carried by Consultant’s subcontractor, BAE Urban Economics, Inc.; C. City and Consultant entered into a Second Amendment to allow for an additional urban design services. D. City and Consultant now desire to enter into this Third 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. The scope of services has been modified and expanded to allow for additional services related to the Central Rohnert Park, Priority Development Area (“PDA”) project. The additional services to be added to the scope of services are more particularly described in Exhibit B, which is attached hereto and incorporated by this reference. 2. Compensation. Consultant shall perform the additional services described in this Third Amendment for a total not-to-exceed amount of $7,810.00 thus increasing the total cost of the Agreement as amended to $475,810.00. 3. Agreement in Effect. Except as amended by this Third Amendment, the Agreement and all of its amendments shall remain in full force and effect. 4. Counterpart Signatures. This Third 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 Third Amendment as of the date first written above. CITY OF ROHNERT PARK: By:________________________/_______ Darrin Jenkins, City Manager (Date) Per Resolution No. 2015-___ adopted by the Rohnert Park City Council at its meeting of September 8, 2015. ATTEST: __________________________________ City Clerk APPROVED AS TO FORM: __________________________________ City Attorney AECOM TECHNICAL SERVICES, INC.: By:___________________________/_ Name: (Date) Title: By:___________________________/_ Name: (Date) Title: AECOM 916.414.5800 tel 2020 L Street, Suite 400 916.414.5850 fax Sacramento, CA 95811 www.aecom.com EXHIBIT B SCOPE OF ADDITIONAL SERVICES Task 1: AECOM will facilitate and receive input from a joint session of the Planning Commission (PC) and City Council (CC) to help prioritize actions and investments the City should undertake to implement the Downtown vision for the Central Rohnert Park Priority Development Area (PDA) Plan. At the joint session of the PC and CC, AECOM will provide an overview of the placemaking priorities or themes contained within the PDA Plan; key plan recommendations for Downtown; and priority actions needed to support the implementation of the PDA, with a focus on establishing a Downtown for Central Rohnert Park. As part of the staff report to the PC and CC, AECOM will coordinate with City staff to draft recommended implementation actions, identify whether these address placemaking priorities that have been established for the PDA, and the suggested time frame needed to implement these actions. These actions will form the basis and departure for discussion and identification of a short list of recommended actions that City staff will further pursue or study. Up to two conference calls have been scoped, one call is anticipated to discuss priorities and review the PowerPoint presentation to the commissioners and a second as a debrief. It is assumed the City will prepare the meeting notes at the joint session and AECOM will provide input. A budget of $1,500 is proposed to provide assistance to City staff as it folds PC and CC input into the refinement of the PDA Plan. SCHEDULE Work tasks are anticipated to be completed along with the overall PDA project. BUDGET The work scope and labor will be performed on a time and materials basis, not to exceed $7,810, as summarized in the task and cost summary, below. Task Hours Cost Preparation for and coordination of presentation materials with the City 30 $4,450 Facilitation and attendance of joint PC and CC session and debrief 8 $1,560 PC and CC Follow-Up Actions or Contigency 12 $1,500 Direct expenses - $300 Total Costs 48 $7,810 ITEM NO. Meeting Date: September 8, 2015 Department: Administration/Human Resources Submitted By: Darrin Jenkins, City Manager Prepared By: Victoria Perrault, Human Resources Director Agenda Title: Consideration and Adoption of Resolution Authorizing and Approving an Employment Agreement between the City of Rohnert Park and Mary Grace Pawson for Director of Development Services RECOMMENDED ACTION: Approve the attached resolution which authorizes and approves compensation and benefits stated in the Employment Agreement with Mary Grace Pawson for Director of Development Services. BACKGROUND: Ms. Pawson was hired on June 30, 2014 as the City Engineer. On February 26, 2015 the Director of Development Services went out on a medical leave of absence. On April 27, 2015, Ms. Pawson began an assignment as Acting Director of Development Services. She has been serving in this capacity since that time. The current Director of Development Services is not returning from the leave of absence and will retire effective September 17, 2015. The City desires to enter into an Employment Agreement (Agreement) with Ms. Pawson to permanently serve as the Director of Development Services. ANALYSIS: Ms. Pawson has effectively led the Development Services Department (in the absence of the Director of Development Services) for the past six plus months and the City Manager is promoting her to the position of Director of Development Services. The Council is asked to adopt the attached Resolution which approves the Agreement between the City of Rohnert Park and Mary Grace Pawson and authorizes the City Manager to execute the Agreement. FISCAL IMPACT/FUNDING SOURCE: There is a positive fiscal impact of $12,672 annually in base salary savings. Department Head Approval Date: N/A City Manager Approval Date: 9/2/15 City Attorney Approval Date: N/A Attachments (list in packet assembly order): 1. Resolution Authorizing and Approving the 2015 Employment Agreement 2. Employment Agreement – Mary Grace Pawson 3. Director of Development Services Job Description 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 RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND MARY GRACE PAWSON FOR DIRECTOR OF DEVELOPMENT SERVICES WHEREAS, the City requires the services of a Director of Development Services; WHEREAS, Employee desires to serve as Director of Development Services of the City of Rohnert Park in consideration of and subject to the terms, conditions, and benefits set forth in this Agreement; WHEREAS, Employee has the necessary education, experience, skills and expertise to serve as the City’s Director of Development Services; and WHEREAS, the City Manager, as appointing power, and Employee desire to agree in writing to the terms and conditions of Employee’s employment; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that the City Council authorizes and approves the 2015 Employment Agreement between the City of Rohnert Park and Mary Grace Pawson for Director of Development Services in substantially the same form as Exhibit "A,” which is attached hereto and incorporated herein by this reference. BE IT FURTHER RESOLVED that the City Manager is authorized and directed to execute the same for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 8th day of September 2015. CITY OF ROHNERT PARK _________________________ Amy O. Ahanotu, Mayor ATTEST: ____________________________________ City Clerk Attachment: Exhibit A CALLINAN: _________ MACKENZIE: _________ STAFFORD: _________ BELFORTE: _________ AHANOTU: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Page 1 of 7 “Exhibit A” EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND MARY GRACE PAWSON Page 2 of 7 EMPLOYMENT AGREEMENT Between CITY OF ROHNERT PARK AND MARY GRACE PAWSON THIS AGREEMENT between the CITY OF ROHNERT PARK (“City”) and Mary Grace Pawson (“Employee”) is dated for reference purposes as of September 18, 2015, and is deemed effective as of that date. RECITALS WHEREAS, the City requires the services of a Director of Development Services; WHEREAS, Employee desires to serve as Director of Development Services of the City of Rohnert Park in consideration of and subject to the terms, conditions, and benefits set forth in this Agreement; WHEREAS, Employee has the necessary education, experience, skills and expertise to serve as the City’s Director of Development Services and City Engineer; and WHEREAS, the City Manager, as appointing power, and Employee desire to agree in writing to the terms and conditions of Employee’s employment; AGREEMENT NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. DUTIES. (a) City agrees to employ Employee as Director of Development Services of the City of Rohnert Park to perform the functions and duties specified in the City of Rohnert Park Job Description for the Director of Development Services position, attached hereto as Exhibit A, and to perform other legally permissible and proper duties and functions as City Manager may from time to time assign or appoint such as City Engineer. (b) Employee shall perform her duties to the best of her ability in accordance with the highest professional and ethical standards of the profession and shall comply with all general rules and regulations established by City. (c) Employee shall not engage in any activity, which is or may become a conflict of interest, prohibited contract, or which may create an incompatibility of office as defined under California law. Prior to performing any services under this Agreement and annually thereafter, Employee must complete disclosure forms required by law. Page 3 of 7 2. HOURS OF WORK. The Director of Development Services is an exempt employee but is expected to engage in those hours of work that are necessary to fulfill the obligations of the Director of Development Services position. The Director of Development Services is expected to work customary business hours. 3. TERM. The term of this Agreement shall be five (5) years from the date of adoption specified or until terminated by either party in accordance with the provisions set forth in this agreement or by the event of the death or permanent disability of Employee. 4. RESIGNATION AND TERMINATION. (a) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from her position as City's Director of Development Services. Employee may terminate this Agreement by submitting written notice of her resignation to City. Employee shall give the City thirty (30) days written notice of her intention to resign. (b) Employee is an "at will" employee who serves at the pleasure of the City Manager and nothing herein shall be taken to prevent, limit or otherwise interfere with the right of the City Manager to terminate the services of Employee as Director of Development Services with or without cause at any time. There is no express or implied promise made to Employee for any form of continued employment. Further, nothing in this Agreement is intended to, or does, confer upon Employee any due process right to a hearing or other administrative process pertaining to termination, before or after a decision by the City to terminate her employment, unless Employee is entitled to a name clearing hearing under California or federal law. No terms of this Agreement may be altered without an express written document signed by the Employee and City Manager and approved by the City Council. (c) Employee may be terminated for cause at any time by providing Employee written notice of her termination for cause. Termination for cause means termination based upon a breach of any of the terms of this Agreement, malfeasance of any nature occurring during the course and scope of the Employee's duties as Director of Development Services; or a conviction, plea bargain, or personal adverse State or federal determination against Employee individually involving any felony, intentional tort, crime of moral turpitude, violation of statute or law constituting forfeiture of office, misconduct in office for personal gain, misuse of public funds for personal benefit, conflict of interest resulting in conviction, or any other incompatible activity or conflict of interest listed in Section 7 of City Personnel Rules and Regulations. (d) Severance Benefits (1) In the event Employee is terminated from employment without cause while still willing and able to perform her duties under this Agreement, then City agrees to pay Employee one (1) month severance of base monthly compensation if termination occurs during the 13-24th month of employment; two (2) months’ severance if termination occurs during the 25-36th month of employment; and three (3) months’ severance if termination occurs during the 37-60th month of employment. Page 4 of 7 (2) In addition, City shall extend to Employee the right to continue health insurance as may be required by and pursuant to the terms and conditions of the Consolidated Omnibus Budget Act of 1986 (COBRA). (3) In the event Employee is terminated for cause, Employee shall be entitled to only the compensation earned and accrued and such other termination benefits and payments as may be required by law. Employee shall not be entitled to any severance benefits. 5. COMPENSATION AND BENEFITS. City agrees to pay Employee for her services rendered pursuant hereto as Director of Development Services a gross monthly salary of ten thousand eight hundred twenty three dollars ($10,823) payable in bi-weekly installments at the same time as other employees of the City are paid and subject to all applicable payroll taxes and withholdings. This is the third step of the M100 salary range and movement to the next step in the salary range is performance based at the City Manager’s discretion. (a) The position of Director of Development Services is exempt under the Fair Labor Standards Act and, therefore, no overtime pay will be paid to Employee based on hours worked. (b) In accordance with City policy, City Manager will review and evaluate performance of Employee as Director of Development Services once each year. During this annual review, City agrees to consider all possible merit based increases. (c) Employee shall be entitled to the following salary adjustments provided to the non-public safety Management Unit in accordance with the Outline of Certain Conditions of Employment, Fringe Benefits, and Salary for the Management Unit (“Management Unit Outline”) (Effective July 1, 2014 – June 30, 2017): three percent (3%) pensionable on July 1, 2016. (d) Employee shall be entitled to all benefits, rights, and privileges accorded to the non-public safety Management Unit except as otherwise provided in this Agreement. If there is any conflict between this Agreement and any resolution fixing compensation and benefits for non-public safety City Department Directors or other unclassified employees, this Agreement shall control. (e) Employee shall be included in the City’s Miscellaneous Plan with the California Public Employees’ Retirement System (“CalPERS”) at the two percent (2.0 %) at sixty-two (62), highest three year average program. (f) If available and budgeted, City will provide up to three thousand dollars ($3,000.00) per fiscal year for Employee’s professional development expenses. Use of these dollars shall be subject to the prior approval of the City Manager. (g) Employee is subject to City Personnel Rules and Regulations as an Executive Management Employee and is exempt from specific rules and regulations as set forth in Section 1, subsection (C) of the Personnel Rules, as amended or supplemented from time to time. Employee is exempt from the City’s Grievance Policy and Procedure as set forth in Resolution Page 5 of 7 No. 79-22 and incorporated by reference into the Management Unit Outline and City Personnel Rules and Regulations. 6. INDEMNIFICATION. In accordance with the terms, conditions, and limitations of the Government claims Act (Gov't Code §§ 810 et seq.), City shall defend, save harmless, and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as Director of Development Services. Based on its sole discretion, the City will determine whether to compromise and settle any such claim or suit and the amount of any settlement or judgment rendered thereon. Said indemnification shall extend beyond termination of employment, and the otherwise expiration of this Agreement for any acts undertaken in her capacity as Director of Development Services, regardless of whether the notice of filing of a lawsuit for such tort, claim, demand, or other legal action occurs during or following Employee's employment with City as Director of Development Services . 7. CONFLICT OF INTEREST PROHIBITION. Employee represents and warrants to City that, to the best of her knowledge, she presently has no interest, and represents that she will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or interfere in any way with the performance of her duties under this Agreement. 8. CONFIDENTIAL INFORMATION. “Confidential Information” is all non-public information pertaining to the business of City (or any City affiliate), its employees, clients, consultants, or business associates, which was produced by any employee of City in the course of his/her employment or otherwise produced or acquired by or on behalf of City. Confidential Information shall include, without limitation, proprietary information such as trade secrets, confidential financial data and formulae, attorney client-privileged information, confidential licensing information, software and other computer programs, copyrightable material, and other information exempt from production under the California Public Records Act and/or the Freedom of Information Act. During her employment by City, Employee shall disclose Confidential Information only for the benefit of City and as may be necessary to perform her job responsibilities under this Agreement. Following termination, Employee shall not disclose any Confidential Information, except with the express written consent of City. Employee’s obligations under this Section shall survive the termination of his employment and the expiration of this Agreement. 9. GENERAL EXPENSES. City recognizes and agrees to pay and/or reimburse Employee for reasonable and necessary travel, subsistence and other business expenses incurred by Employee in the performance of her duties with prior approval by the City Manager. 10. NOTICES. Page 6 of 7 Any notices required by this Agreement shall be in writing and either given in person or by first class mail with postage prepaid and addressed as follows: TO CITY: City Manager City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 TO EMPLOYEE: Mary Grace Pawson Home Address on File with Human Resources 11. ATTORNEY'S FEES. In the event of any mediation, arbitration or litigation to enforce any of the provisions of this Agreement, each party shall bear its own attorney's fees and costs. 12. ENTIRE AGREEMENT. This Agreement is the final expression of the complete agreement of the parties with respect to the matters specified herein and supersedes all prior oral or written understandings, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. Except as prescribed herein, this Agreement cannot be modified except by written mutual agreement signed by both parties and approved by the City Council. To the extent that the practices, policies, or procedures of City, now or in the future, apply to Employee, and are inconsistent with the terms of this Agreement, the provisions of this Agreement shall control. 13. ASSIGNMENT. This Agreement is not assignable by either City or Employee. 14. SEVERABILITY. In the event that any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the parties, the remainder of the Agreement shall remain in full force and effect unless the parts found to be void are wholly inseparable from the remaining portion of the Agreement. 15. PROVISIONS THAT SURVIVE TERMINATION. Many sections of this Agreement are intended by their terms to survive the termination of employment with the City, including but not limited to Sections 6 and 8. These sections, and the others so intended, shall survive termination of employment and termination of this Agreement. 16. JURISDICTION AND VENUE. Page 7 of 7 This Agreement shall be construed in accordance with the laws of the State of California, and the Parties agree that venue shall be in Sonoma County, California. 17. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party’s right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 18. EFFECTIVE DATE. This Agreement shall be deemed effective on September 18, 2015. 19. ACKNOWLEDGMENT. Employee acknowledges that she has had the opportunity to consult legal counsel in regard to this Agreement, that she read and understands this Agreement, that she is fully aware of its legal effect, and that she has entered into it freely and voluntarily and based on her judgment and not on any representations or promises other than those contained in this Agreement. IN WITNESS WHEREOF, the City has caused the Agreement to be signed and executed on its behalf by its City Manager. It has also been executed by Employee on the date first above written. CITY OF ROHNERT PARK EMPLOYEE By:_____________________________ By:______________________________ Darrin Jenkins Mary Grace Pawson City Manager (Per Resolution 2015-____ approved by the Rohnert Park City Council at its meeting of ________________.) By:_______________________ JoAnne Buergler City Clerk APPROVED AS TO FORM: By:__________________________ Michelle Marchetta-Kenyon City Attorney Director of Development Services Deputy City Engineer City Engineer Management Analyst Senior Engineering Technician Planner III Outside Experts Community Development Assistant Outside Experts Administrative Assistant Current Development Services Organization Chart Public Works Inspector Deputy Chief Building Official Code Compliance Community Development Assistant Outside Inspectors Administrative Assistant Director of Development Services Deputy City Engineer City Projects Deputy City Engineer Development Planning Manager Management Analyst Planner III Outside Experts Office Assistant Outside Experts Community Development Assistant Outside Experts Administrative Assistant Proposed Development Services Organization Chart Public Works Inspector Building Official Code Compliance Community Development Assistant Outside Inspectors Modified Administrative Assistant New Senior Engineering Technician Director of Development Services Deputy City Engineer City Projects Deputy City Engineer Development Planning Manager Management Analyst Planner III Outside Experts Office Assistant Outside Experts Community Development Assistant Outside Experts Administrative Assistant Proposed Development Services Organization Chart Public Works Inspector Building Official Code Compliance Community Development Assistant Outside Inspectors Vacant Administrative Assistant Senior Engineering Technician 1 Meeting Date: September 8, 2015 Department: Administration Submitted By: Darrin Jenkins, City Manager Prepared By: Darrin Jenkins, City Manager Agenda Title: Consideration of Changes to Development Services Positions RECOMMENDED ACTION: Consider staff’s proposal to adjust staffing in Development Services. BACKGROUND: Our Director of Development Services Marilyn Ponton recently retired resulting in a vacancy in the Development Services Department. City Engineer Mary Grace Pawson was selected to serve as the new Director of Development Services. She will retain her title as City Engineer as was done by a prior Director of Development Services from 2009 to 2013. To ensure Rohnert Park maintains its stellar reputation as operating the most business friendly development department in the county, other staffing adjustments are needed. ANALYSIS: The current department organization evolved from a 2009 downsizing and consolidation of two departments. The project and development activity in our community is much higher than it was in 2009 and we need to adjust accordingly. The University District Specific Plan is actively developing 399 homes with at least two other housing projects in that specific plan area working toward starting in the next year. Southeast Specific Plan is moving toward active construction this year. The Reserve is under construction as is the Oxford Hotel. Sportsman’s Warehouse will begin construction anytime. In addition, the healthy supply of redevelopment bond funds, utility funds, and pressing aging infrastructure needs call for increased City project workload over the next five to ten years. We have and existing Deputy City Engineer for capital projects who will be consumed by the project workload for City projects. With City Engineer Pawson called upon to lead the department which includes Planning, Building, Engineering, Code Enforcement, and Housing, the City needs to replace her development engineering capacity. I propose to do this with a Deputy City Engineer for Development. The position’s primary responsibility would be the $50 to $100 million of development infrastructure construction going on in the next several years. They would be 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 2 assisted by consulting engineers as workload dictates to ensure the City does not delay development. With Marilyn Ponton’s departure, there is an acute need to replace her planning expertise—both current and long-range planning. For this I propose a Planning Manager position. As is typical in Rohnert Park, this would be a hands-on technical position with oversight over the planning functions for the City. The Planning Manager would guide development through the entitlement process, serve the Planning Commission, meet with applicants and regional planning agencies, and assist with economic development. They would also manage major projects such as an impending General Plan update due in five years. This is a high level position in the City and a key component to successful operations for Development Services. Along with increased planning and engineering activity, the City is embarking on a significant increase in building inspection activity. With the Oxford Hotel under construction, the 399 homes in the UDSP starting this year and other renovation and development activity picking up, the City is relying heavily on outside building plan checking and inspection services. To support Director Pawson in her new role, I am proposing replacing the vacant Deputy Chief Building Official position with a Building Official position. When the City created the Deputy Chief Building Official, development was in a very significant recession and building inspection staff was in good supply. However, as construction activity has increased, this position is becoming hard to fill at the current level. In addition, a higher level of building expertise is needed to support the significant construction and permitting activity currently experienced. Finally, Director Pawson evaluated the administrative needs of the department and determined that the vacant 3/4 time Administrative Assistant position could best support the department staff if it was converted to a full-time lower level Office Assistant. FINANCIAL IMPACT: Development Services follows the City’s cost recovery ordinance and philosophy calling for the City to charge projects and applicants reasonable costs for the services provided. Most sophisticated developers know time is money and prefer to have projects processed as quickly as possible by competent staff. The added position in this proposal is the Planning Manager position. This position will be supported by applicant fees, general plan maintenance fees, and some General Fund monies. This recognizes that some required planning functions support the City’s operations themselves and not developer projects. The proposal also adds costs for the upgrade of the Deputy Chief Building Official to a Building Official. The proposal generates some savings with the reduction of the City Engineer position to the level of Deputy City Engineer–Development. The proposal will allow the City to slightly ease its reliance on outside expertise for some matters. This will result in some reduction in consulting costs. The analysis of the costs, savings, and funding sources is shown in Table 1 below. 3 Table 1: Estimated Cost Impact Position Salary Benefits Total Eliminate City Engineer $ (131,404) $ (70,691) $ (202,095) Add Deputy City Engineer $ 108,342 $ 62,463 $ 170,805 Add Planning Manager $ 108,342 $ 62,463 $ 170,805 Eliminate Deputy Chief Building Official $ (82,706) $ (47,675) $ (130,381) Add Building Official $ 91,104 $ 50,566 $ 141,670 Eliminate 3/4 Administrative Assistant $ (38,116) $ (12,833) $ (50,949) Add Office Assistant 1 $ 43,862 $ 34,303 $ 78,165 Subtotal Staffing Changes $ 99,424 $ 78,596 $ 178,020 Less: Additional Cost Recovery Revenue $ 96,096 Less: Avoided Consulting Costs $ 66,000 Total Net Cost Impact: $ 15,924 RECOMMENDED ACTION: Approve the proposed changes to Development Services staffing and direct staff to bring back the necessary documents to effect the changes. Department Head Approval Date: N/A City Manager Approval Date: City Attorney Approval Date: Attachments: 1. Proposed Organization Chart for Development Services Di r e c t o r o f De v e l o p m e n t Se r v i c e s De p u t y Ci t y E n g i n e e r Ci t y P r o j e c t s De p u t y Ci t y E n g i n e e r De v e l o p m e n t Pl a n n i n g Ma n a g e r Management Analyst Se n i o r En g i n e e r i n g Te c h n i c i a n Pl a n n e r I I I Ad m i n i s t r a t i v e As s i s t a n t Ou t s i d e Ex p e r t s Of f i c e As s i s t a n t Ou t s i d e Ex p e r t s Co m m u n i t y De v e l o p m e n t As s i s t a n t Ou t s i d e Ex p e r t s Administrative Assistant De v e l o p m e n t S e r v i c e s P r o p o s e d O r g a n i z a t i o n C h a r t Pu b l i c W o r k s In s p e c t o r Bu i l d i n g Of f i c i a l Co d e Co m p l i a n c e Co m m u n i t y De v e l o p m e n t As s i s t a n t Ou t s i d e In s p e c t o r s ITEM NO. 1 Meeting Date: September 8, 2015 Department: Administration Submitted By: Darrin Jenkins, City Manager Prepared By: Carol Adams, Executive Assistant to the City Manager Agenda Title: Review of Proposed Expense Reimbursement Policy for City Council and Repeal of the Current Expense Reimbursement and Use of Public Resources Policy adopted by Resolution No. 2006-206 RECOMMENDED ACTION: Review of Proposed Expense Reimbursement Policy for City Council and Repeal of the Current Expense Reimbursement and Use of Public Resources Policy adopted by Resolution No. 2006-206. BACKGROUND: Government Code section 36514.5 provides that City Councilmembers may be reimbursed for actual and necessary expenses incurred in the performance of official duties. Assembly Bill 1234, which took effect on January 1, 2006, adds Articles 2 and 3 (commencing with Government Code section 53232) to the Government Code, addressing expense reimbursement to public officials. In addition, City of Rohnert Park Municipal Code Section 2.12.050 – Reimbursement, provides for reimbursement to councilmembers for actual and necessary expenses incurred during the performance of official City duties. In response to the passing of AB 1234 the City Council approved Resolution No. 2006-206 (Attachment 2) on August 8, 2006 which adopted an updated Expense Reimbursement and Use of Public Resources Policy (Policy). This Policy outlines the terms and conditions for councilmembers’ reimbursement of expenses related to travel, meetings, and other official city business. On July 8, 2014, the City Council approved the formation of a City Council Protocols Ad Hoc Committee (Committee) to serve as an advisory body to the City Council while working with staff to update the City Council Protocols (Protocols). During the Protocols review, staff determined that the Policy needed amending to more clearly define processes related to: 1) accounting practices; and 2) spending in excess of budgeted amounts for councilmember travel and meetings. At the Committee’s request, staff brought these topics forward for Council consideration at the October 28, 2014 City Council meeting. Through discussion, Council directed staff to revise the existing Policy to reflect the following changes: 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 ITEM NO. 2 1. If the City Council budget includes funds for Council travel and meetings, then the budget will include equal amounts allocated for each councilmember in separate accounts. 2. The budget may include a set amount for the position of mayor to be split equally into two separate accounts (formerly budget line item entitled City Representation); one account for the incumbent mayor and one for the incoming mayor seated in December of each calendar year. 3. Broaden Policy from Travel and Meetings to City Council Expenses. 4. Add language requiring councilmembers to seek Council approval if anticipated expenditures go over budget. Notable changes are incorporated into the draft, amended policy as indicated below: Council-Directed Policy Changes 1. Section 5. AUTHORIZED EXPENSES Added section requiring Council approval for expenses exceeding annual budget limits for each council member. 2. Section 6. COST CONTROL a. Added Section 6.1 Budgeting Practices Outlines City Council budgetary practices. b. Added Section 6.2 – Mayor’s Supplemental Budget Outlines budgetary practices for the seated and incumbent mayors’ supplemental budget. Staff-Recommended Policy Changes 1. Section 7. TRANSPORTATION a. Modified Section 7.1 Airfare Current policy section requires membership to the League of California Cities enhanced Local Government Airfare Program which is administratively burdensome. Proposed policy changes meet government code requirements to seek the most economical mode of transportation while concurrently streamlining the administrative and reimbursement processes. b. Modified Section 7.3 Car Rental Current policy includes an administratively burdensome rate determination process through the State of California’s Travel Smart Program. The proposed policy changes meet government code requirements to seek the most economical method for car rental services. In addition, the proposed changes address roles and responsibilities for insurance and liability coverage. 2. Section 8. LODGING Existing policy requires a labor-intensive rate determination process via the State of California’s Travel Smart program to determine reasonable rates. Currently General Services Administration (GSA) per diem rates are presumed to be reasonable and therefore reimbursable. The proposed policy eliminates the administratively burdensome ITEM NO. 3 rate determination process while providing a rate equivalent to current GSA reimbursement rates. 3. Section 9. MEALS Proposed changes to current policy recommend removing references to GSA’s per diem rates by using the City’s existing expense reimbursement policy presently used for staff instead. 4. Section 10. TELEPHONE/FAX/CELLULAR Reporting detail level modified to improve ease of use by Council. 5. Section 13. CASH ADVANCE POLICY Modified to promote better fiscal practices. 6. Section 17. REPORTS TO GOVERNING BOARD Modified to clarify current reporting practices for compliance with GC Section 5323.3(d). A draft of the proposed amended Expense Reimbursement for City Council policy is attached for Council consideration. FISCAL IMPACT/FUNDING SOURCE: None. Department Head Approval Date: N/A City Manager Approval Date: 9/1/15 City Attorney Approval Date: 4/6/15 Attachments (list in packet assembly order): 1. GC Section 53232 et seq. 2. City Council Resolution No. 2006-206 – Adopting Updated Expense Reimbursement and Use of Public Resources Policy 3. Approving Resolution 4. Exhibit A to Resolution – Amended Policy - Expense Reimbursement for City Council 5. Appendix 1 to Policy – Travel/Expense Policy (for City Staff) GOVERNMENT CODE SECTION 53232-53232.4 53232. For the purposes of this article, the following terms have the following meanings: (a) "Governing body" means the board of supervisors in the case of a county or a city and county, the city council or board of trustees in the case of a city, and the board of directors or other governing body in the case of a special district. (b) "Legislative body" has the same meaning as specified in Section 54952. (c) "Local agency" means a city, county, city and county, charter city, charter county, charter city and county, or special district. (d) "Meeting" has the same meaning as specified in subdivision (a) of Section 54952.2. 53232.1. (a) When compensation is otherwise authorized by statute, a local agency may pay compensation to members of a legislative body for attendance at the following occurrences: (1) A meeting of the legislative body. (2) A meeting of an advisory body. (3) A conference or organized educational activity conducted in compliance with subdivision (c) of Section 54952.2, including, but not limited to, ethics training required by Article 2.4 (commencing with Section 53234). (b) A local agency may pay compensation for attendance at occurrences not specified in subdivision (a) only if the governing body has adopted, in a public meeting, a written policy specifying other types of occasions that constitute the performance of official duties for which a member of the legislative body may receive payment. (c) This section shall not apply to any local agency that pays compensation in the form of a salary to members of a legislative body, including, but not limited to, those local agencies whose legislative bodies' compensation is subject to Section 36516 or 36516.1, subparagraph (B) or (C) of paragraph (2) of subdivision (a) of Section 21166 or Section 22840 of the Water Code, Section 11908.1 of the Public Utilities Code, Section 6060 of the Harbors and Navigation Code, or subdivision (b) of Section 1 or Section 5 of Article XI of the California Constitution. 53232.2. (a) When reimbursement is otherwise authorized by statute, Page 1of 3CA Codes (gov:53232-53232.4) 8/31/2015http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=53001-... a local agency may reimburse members of a legislative body for actual and necessary expenses incurred in the performance of official duties, including, but not limited to, activities described in Article 2.4 (commencing with Section 53234). (b) If a local agency reimburses members of a legislative body for actual and necessary expenses incurred in the performance of official duties, then the governing body shall adopt a written policy, in a public meeting, specifying the types of occurrences that qualify a member of the legislative body to receive reimbursement of expenses relating to travel, meals, lodging, and other actual and necessary expenses. (c) The policy described in subdivision (b) may also specify the reasonable reimbursement rates for travel, meals, and lodging, and other actual and necessary expenses. If it does not, the local agency shall use the Internal Revenue Service rates for reimbursement of travel, meals, lodging, and other actual and necessary expenses as established in Publication 463, or any successor publication. (d) If the lodging is in connection with a conference or organized educational activity conducted in compliance with subdivision (c) of Section 54952.2, including, but not limited to, ethics training required by Article 2.4 (commencing with Section 53234), lodging costs shall not exceed the maximum group rate published by the conference or activity sponsor, provided that lodging at the group rate is available to the member of a legislative body at the time of booking. If the group rate is not available, the member of a legislative body shall use comparable lodging that is consistent with the requirements of subdivisions (c) and (e). (e) Members of the legislative body shall use government and group rates offered by a provider of transportation or lodging services for travel and lodging when available. (f) All expenses that do not fall within the adopted travel reimbursement policy or the Internal Revenue Service reimbursable rates as provided in subdivision (c), shall be approved by the governing body, in a public meeting before the expense is incurred, except as provided in subdivision (d). (g) If a member of a legislative body chooses to incur additional costs that are above the rates established pursuant to this section and those costs have not been approved pursuant to subdivision (f), then the member of a legislative body may do so at his or her own expense. (h) This section shall not supersede any other laws establishing reimbursement rates for local agencies. 53232.3. (a) If a local agency reimburses members of a legislative body for actual and necessary expenses incurred in the performance of official duties, then a local agency shall provide expense report forms to be filed by the members of the legislative body for reimbursement for actual and necessary expenses incurred on behalf of the local agency in the performance of official duties. Reimbursable Page 2of 3CA Codes (gov:53232-53232.4) 8/31/2015http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=53001-... expenses shall include, but not be limited to, meals, lodging, and travel. (b) Expense reports shall document that expenses meet the existing policy, adopted pursuant to Section 53232.2, for expenditure of public resources. (c) Members of a legislative body shall submit expense reports within a reasonable time after incurring the expense, as determined by the legislative body, and the reports shall be accompanied by the receipts documenting each expense. (d) Members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body. (e) All documents related to reimbursable agency expenditures are public records subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). 53232.4. Penalties for misuse of public resources or falsifying expense reports in violation of expense reporting polices may include, but are not limited to, the following: (a) The loss of reimbursement privileges. (b) Restitution to the local agency. (c) Civil penalties for misuse of public resources pursuant to Section 8314. (d) Prosecution for misuse of public resources, pursuant to Section 424 of the Penal Code. Page 3of 3CA Codes (gov:53232-53232.4) 8/31/2015http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=53001-... RESOLUTION NO. 2006 - 206 RESOLUTION ADOPTING UPDATED EXPENSE REIMBURSEMENT AND USE OF PUBLIC RESOURCES POLICY WHEREAS, Government Code section 36514.5 provides that city council members may be reimbursed for actual and necessary expenses incurred in the performance of official duties; and WHEREAS, the City of Rohnert Park ( "City ") adopted a "Policy for Reimbursement of Expenses for City Council Members" by Resolution No. 2004 -19; and WHEREAS, the City adopted a Policy for "Expense Reimbursement and Use of Public Resources" by Resolution No. 2006 -42; and WHEREAS, Assembly Bill 1234, which took effect on January 1, 2006, adds Article 2.3, commencing with Government Code section 53232, to the Government Code, addressing expense reimbursement to public officials; and WHEREAS, this policy satisfies the requirements of Government Code sections 53232 and following; WHEREAS, the City Council wishes to consolidate its expense reimbursement policies into one resolution; NOW, THEREFORE, the City Council resolves that Resolution Nos. 2004 -19 and 2006-.42 are hereby repealed; and BE IT FURTHER RESOLVED that the updated "Expense Reimbursement and Use of Public Resources Policy," attached as Exhibit A to this Resolution, is hereby adopted. DULY AND REGULARLY ADOPTED this 8"' day of August, 2006. ATTEST: CITY OF ROHNERT PARK BREEZE: AYE FLORES: AYE MACKENZIE: ABSENT VIDAK- MARTINEZ: AYE SMITH: AYE AYES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (0) for Reso. No. 2006 -206) I CM of 11s CITY OF ROHNERT PARK EXPENSE REIMBURSEMENT AND USE OF PUBLIC RESOURCES POLICY WHEREAS, the City of Rohnert Park ( "City ") takes its stewardship over the use of its limited public resources seriously; WHEREAS, public resources should only be used when there is a substantial benefit to the city; and WHEREAS, such benefits include: 1. The opportunity to discuss the community's concerns with state and federal officials; 2. Participating in regional, state and national organizations whose activities affect the City; 3. Attending educational seminars designed to improve officials' skill and information levels; and 4. Promoting public service and morale by recognizing such service; and WHEREAS, 1) legislative and other regional, state and federal agency business is frequently conducted over meals; 2) sharing a meal with regional, state and federal officials is frequently the best opportunity for a more extensive, focused and uninterrupted communication about the City's policy concerns; and 3) each meal expenditure must comply with the limits and reporting requirements of local, state and federal law; and WHEREAS, this policy provides guidance to elected and appointed officials on the use and expenditure of City resources, as well as the standards against which those expenditures will be measure; and WHEREAS, Municipal Code Section 2.12.050 provides that City Council Members are to be reimbursed for actual and necessary expenses incurred in the performance of official duties for the City; and WHEREAS, this policy supplements the definition of actual and necessary expenses for purposes of state laws relating to permissible uses of public resources; and WHEREAS, this policy also supplements the definition of necessary and reasonable expenses for purposes of federal and state income tax law; and for Reso. No. 2006 -206) WHEREAS, this policy also applies to any charges made to a City credit card, cash advances or other line of credit. The City's expense reimbursement policy is set forth below: AUTHORIZED EXPENSES City funds, equipment, supplies (including letterhead), titles, and staff time must only be used for authorized City business. Expenses incurred in connection with the following types of activities generally constitute authorized expenses, as long as the other requirements of this policy are met: 1. Communicating with representatives of regional, state and national government on City adopted policy positions; 2. Attending educational seminars designed to improve officials' skill and information levels; 3. Participating in regional, state and national organizations whose activities affect the City's interests; 4. Recognizing service to the City (for example, thanking a longtime employee with a retirement gift or celebration of nominal value and cost); 5. Attending City events; and 6. Implementing a City - approved strategy for attracting or retaining businesses to the City, which will typically involve at least one staff member. All other expenditures require prior approval by the City body. The following expenses also require prior governing body approval: 1. International and out -of -state travel. Examples of personal expenses that the City will not reimburse include, but are not limited to: 1. The personal portion of any trip; 2. Political or charitable contributions or events; 3. Family expenses, including partner's expenses when accompanying official on agency - related business, as well as children or pet - related expenses; for Reso. No. 2006 -206) 4. Entertainment expenses, including theater, movies (either in -room or at the theater), sporting events (including gym, massage and /or golf related expenses), or other cultural events; 5. Non - mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline; and 6. Personal losses incurred while on City business. any questions regarding the propriety of a particular type of expense should be resolved by the approving authority before the expense is incurred. COST CONTROL To conserve City resources and keep expenses within community standards for public officials, expenditures should adhere to the following guidelines. In the event that expenses are incurred which exceed these guidelines, the cost borne or reimbursed by the city will be limited to the costs that fall within the guidelines. TRANSPORTATION The most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements must be used, using the most direct and time - efficient route. Government and group rates must be used when available. Airfare - Airfares that are equal or less than those available through the enhanced Local Government Airfare Program offered through the League of California Cities www.cacities.org/travel), the California State Association of Counties http: / /www.csac.counties.org) and the State of California are presumed to be the most economical and reasonable for purposes of reimbursement under this policy. Automobile - Automobile mileage is reimbursed at Internal Revenue Service rates in effect at the time the expense is occurred. These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses associated with operating the vehicle. This amount does not include bridge and road tolls, which are also reimbursable. Car Rental - Rental rates that are equal or less than those available through the State of California's website ( http:// www .catravelsmart.com/default.htm) shall be considered the most economical and reasonable for purposes of reimbursement under this policy. Taxis /Shuttles - Taxis or shuttles fares may be reimbursed, including a 15 percent gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time - efficiency. for Reso. No. 2006 -206) LODGING Lodging expenses will be reimbursed or paid for when travel on official City business reasonably requires an overnight stay. Conferences/Meetings - If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. If the group rate is not available, see next section. Other Lodging - Travelers must request government rates, when available. A listing of hotels offering government rates in different areas is available at http:// www. catraveismart .com/lodguideframes.htm. Lodging rates that are equal or less to government rates are presumed to be reasonable and hence reimbursable for purposes of this policy. In the event that government rates are not available at a given time or in a given area, lodging rates that do not exceed the General Services Administration per diem rates for a given area are presumed reasonable and hence reimbursable. MEALS Meal expenses and associated gratuities will be reimbursed at the rates specified in the General Services Administration published per diem rate The City will not pay for alcohol/personal bar expenses. TELEPHONE/FAX /CELLULAR Officials will be reimbursed for actual telephone and fax expenses incurred on City business. As necessary, officials will be provided a city -owned fax machine and any other equipment as the City Council determines necessary to use in the conduct of its official business. Telephone bills should identify which calls were made on City business. For cellular calls when the official has a particular number of minutes included in the official's plan, the official can identify the percentage of calls made on public business. AIRPORT PARKING Long -term parking must be used for travel exceeding 24- hours. OTHER Baggage handling fees of up to $1 per bag and gratuities of up to 15 percent will be reimbursed. Expenses for which City officials receive reimbursement from another agency are not reimbursable. ffor Reso. No. 2006 -206) SPRECKELS PERFORMING ARTS CENTER Each official shall be issued one complimentary ticket for each performance at the Spreckels Performing Arts Center. CASH ADVANCE POLICY From time to time, it may be necessary for an official to request a cash advance to cover anticipated expenses while traveling or doing business on the City's behalf Such request for an advance should be submitted on a Check Requisition form to the Director of Administrative Services seven (7) days prior to the need for the advance with the following information: 1. The purpose of the expenditure(s); 2. The benefits of such expenditure to the residents of City; 3. The anticipated amount of the expenditure(s) (for example, hotel rates, meal costs, and transportation expenses); and 4. The dates of the expenditure(s). Any unused advance must be returned to the Finance Department within one week of the official's return, along with an expense report and receipts documenting how the advance was used in compliance with this expense policy. In the event the Director of Administrative Services is uncertain as to whether a request complies with this policy, such individual must seek resolution from the City governing board. CREDIT CARD USE POLICY City does not issue credit cards to individual office holders but does have an agency credit card for selected City expenses. City office holders may request the City to use the City's credit card for such purposes as airline tickets and hotel reservations. Receipts documenting expenses incurred on the City credit card and compliance with this policy must be submitted by the cardholder when received to the Finance Department. City credit cards may not be used for personal expenses, even if the official subsequently reimburses the city. There will be no cash advances on credit cards. ir Reso. No. 2006 -206) EXPENSE REPORT CONTENT AND SUBMISSION DEADLINE All cash advance expenditures, (credit card expenses) and expense reimbursement requests must be submitted on an expense report form provided by the City. This form shall include the following advisory: All expenses reported on this form must comply with the City's policies relating to expenses and use of public resources. The information submitted on this form is a public record. Penalties for misusing public resources and violating the City's policies include loss of reimbursement privileges, restitution, civil and criminal penalties as well as additional income tax liability. Expense reports must document that the expense in question met the requirements of this policy. For example, if the meeting is with a legislator, the local agency official should explain whose meals were purchased, what issues were discussed and how those relate to the City's adopted legislative positions and priorities. Officials must submit their expense reports within 30 days of an expense being incurred, accompanied by receipts documenting each expense. Restaurant receipts, in addition to any credit card receipts, are also part of the necessary documentation. Inability to provide such documentation in a timely fashion may result in the expense being borne by the official. AUDITS OF EXPENSE REPORTS All expenses are subject to verification that they comply with this policy. REPORTS TO GOVERNING BOARD At the following City governing body meeting, each official shall briefly report on meetings attended at City expense. If multiple officials attended, a joint report may be made. COMPLIANCE WITH LAWS City officials should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws. All agency expenditures are public records subject to disclosure under the Public Records Act. ffor Reso. No. 2006 -206) VIOLATION OF THIS POLICY Use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following: 1) loss of reimbursement privileges, 2) a demand for restitution to the City, 3) the agency's reporting the expenses as income to the elected official to state and federal tax authorities, 4) civil penalties of up to $2,000 per day and three times the value of the resources used, and S) prosecution for misuse of public resources. RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AND ADOPTING AN AMENDED EXPENSE REIMBURSEMENT POLICY FOR CITY COUNCIL AND REPEALING CURRENT EXPENSE REIMBURSEMENT AND USE OF PUBLIC RESOURCES POLICY WHEREAS, Government Code section 36514.5 provides that city council members may be reimbursed for actual and necessary expenses incurred in the performance of official duties; and WHEREAS, reimbursement for these expenses is further regulated by provisions set forth in Government Code Sections 53232.2 and 53232.3; and WHEREAS, on January 27, 2004, the City of Rohnert Park ("City ") adopted Resolution 2004-19, which established a "Policy for Reimbursement of Expenses for City Council Members"; and WHEREAS, on January 24, 2006, the City adopted Resolution 2006-42, which adopted a Policy for “Expense Reimbursement and Use of Public Resources”; and WHEREAS, on August 8, 2006, the City adopted Resolution 2006-206, which adopted an “Expense Reimbursement and Use of Public Resources Policy” and repealed Resolutions 2004-019 and 2006-42; and WHEREAS, the City Council wishes to make certain changes and clarifications to the Expense Reimbursement and Use of Public Resources Policy adopted through Resolution 2006- 206. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Rohnert Park hereby repeals Resolution No. 2006-206; and BE IT FURTHER RESOLVED, that the Policy entitled "Expense Reimbursement for City Council,” attached as “Exhibit A” to this Resolution, is hereby adopted. DULY AND REGULARLY ADOPTED this 8th day of September, 2015. CITY OF ROHNERT PARK ____________________________________ Mayor Amy O. Ahanotu ATTEST: ______________________________ JoAnne M. Buergler, City Clerk Attachment: Exhibit A CALLINAN: _________ MACKENZIE: _________ STAFFORD: _________ BELFORTE: _________ AHANOTU: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT/TITLE: POLICY NO: DATE APPROVED: REVISION NUMBER: EXPENSE REIMBURSEMENT FOR CITY COUNCIL Page 1 of 8 TABLE OF CONTENTS TABLE OF CONTENTS ..................................................................................................................................... 1 1. PURPOSE ............................................................................................................................................... 2 2. SCOPE .................................................................................................................................................... 2 3. BACKGROUND ....................................................................................................................................... 2 4. PROVISIONS .......................................................................................................................................... 2 5. AUTHORIZED EXPENSES ........................................................................................................................ 3 1. Examples of Authorized Expenses .................................................................................................... 3 2. Expenses Requiring City Council Approval ........................................................................................ 3 3. Personal Expenses ............................................................................................................................. 3 6. COST CONTROL ..................................................................................................................................... 4 1. Budgeting Practices ........................................................................................................................... 4 2. Mayor’s Supplemental Budget .......................................................................................................... 4 7. TRANSPORTATION ................................................................................................................................ 4 1. Airfare ............................................................................................................................................... 4 2. Automobile ....................................................................................................................................... 4 3. Car Rental .......................................................................................................................................... 4 4. Taxis /Shuttles ................................................................................................................................... 5 8. LODGING ............................................................................................................................................... 5 9. MEALS ................................................................................................................................................... 5 10. TELEPHONE/FAX/CELLULAR .................................................................................................................. 5 11. AIRPORT PARKING ................................................................................................................................. 6 12. OTHER EXPENSES .................................................................................................................................. 6 1. Baggage Handling Fees ..................................................................................................................... 6 2. Outside Agency Reimbursement ...................................................................................................... 6 3. Parking Fees ...................................................................................................................................... 6 4. Spreckels Performing Arts Center ..................................................................................................... 6 13. CASH ADVANCES ................................................................................................................................... 6 14. CREDIT CARD USE .................................................................................................................................. 6 15. EXPENSE REPORT CONTENT AND SUBMISSION DEADLINE .................................................................. 6 16. AUDITS OF EXPENSE REPORTS .............................................................................................................. 7 17. REPORTS TO GOVERNING BOARD......................................................................................................... 7 18. COMPLIANCE WITH LAWS .................................................................................................................... 7 19. VIOLATION OF THIS POLICY ................................................................................................................... 7 APPENDIX ...................................................................................................................................................... 7 CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT/TITLE: POLICY NO: DATE APPROVED: REVISION NUMBER: EXPENSE REIMBURSEMENT FOR CITY COUNCIL Page 2 of 8 1. PURPOSE To establish City of Rohnert Park (“City”) policy and prescribe guidelines related to expenses incurred on behalf of, or reimbursed to, elected City Councilmembers. 2. SCOPE This policy applies to all elected City Councilmembers. 3. BACKGROUND Government Code section 36514.5 provides that City Councilmembers may be reimbursed for actual and necessary expenses incurred in the performance of official duties. Assembly Bill 1234, which took effect on January 1, 2006, adds Article 2, 3, commencing with Government Code section 53232, to the Government Code, addressing expense reimbursement to public officials. In addition, City of Rohnert Park Municipal Code Section 2.12.050 – Reimbursement, provides for reimbursement to councilmembers for actual and necessary expenses incurred during the performance of official City duties. 4. PROVISIONS The City takes its stewardship over the use of limited public resources seriously and acknowledges that public resources should only be used when there is substantial benefit to the City from those actions. Such benefits include: 1. The opportunity to discuss the community's concerns with state and federal officials; 2. Participating in regional, state and national organizations whose activities affect the City; 3. Attending educational seminars designed to improve officials' skill and information level; and 4. Promoting public service and morale by recognizing such service. Legislative and other local, regional, state and federal agency business is frequently conducted over meals; sharing a meal with regional, state and federal officials is frequently the best opportunity for a more extensive, focused and uninterrupted communication about the City's policy concerns; and each meal expenditure must comply with the limits and reporting requirements of local, state and federal law. This policy provides guidance to elected and appointed officials on the use and expenditure of City resources, as well as the standards against which those expenditures will be measured. This policy supplements the definition of actual and necessary expenses for purposes of state laws relating to permissible uses of public resources and supplements the definition of necessary and reasonable expenses for purposes of federal and state income tax law. This policy also applies to any councilmember-related charges made to a City credit card or other line of credit with the exception of expenses incurred for city- related event participation fees, and educational and/or training programs. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT/TITLE: POLICY NO: DATE APPROVED: REVISION NUMBER: EXPENSE REIMBURSEMENT FOR CITY COUNCIL Page 3 of 8 5. AUTHORIZED EXPENSES 1. Examples of Authorized Expenses City funds, equipment, supplies (including letterhead, note cards, and printer cartridges), and staff time must only be used for authorized City business. Any questions regarding the propriety of a particular type of expense should be resolved by the City Council before the expense is incurred. Expenses incurred in connection with the following types of activities generally constitute authorized expenses, as long as the other requirements of this policy are met: a. Communicating with representatives of local, regional, state and national government on City adopted policy positions; b. Attending educational seminars designed to improve officials' skill and information levels; c. Participating in local, regional, state and national organizations whose activities affect the City's interests; d. Recognizing service to the City (for example, thanking a longtime employee with a retirement gift or celebration of nominal value and cost); e. Attending City events; f. Implementing a City-approved strategy for attracting or retaining businesses to the City typically involving at least one staff member; and g. Other actual and necessary expenses incurred for city-related business. 2. Expenses Requiring City Council Approval a. International and out-of-state travel; and b. Expenses which exceed the annual budget limits established for each City Councilmember. 3. Personal Expenses - Examples of personal expenses that the City will not reimburse include, but are not limited to: a. The personal portion of any trip; b. Political or charitable contributions or events; c. Family expenses, including partner's expenses when accompanying official on agency-related business, as well as children or pet-related expenses; d. Entertainment expenses, including theater, movies (either in-room or at the theater), sporting events (including gym, massage and /or golf related expenses), or other cultural events; e. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline; and f. Personal losses incurred while on City business. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT/TITLE: POLICY NO: DATE APPROVED: REVISION NUMBER: EXPENSE REIMBURSEMENT FOR CITY COUNCIL Page 4 of 8 6. COST CONTROL To conserve City resources and keep expenses within community standards for public officials, expenditures should adhere to the following guidelines. In the event that expenses are incurred which exceed these guidelines, the cost borne or reimbursed by the City will be limited to the costs that fall within these guidelines. 1. Budgeting Practices - City will budget an equal amount for each councilmember including the seated mayor. To control costs, a councilmember may not incur costs or receive reimbursements in excess of the budgeted amount. The City Council may increase the budgeted amount for a councilmember during the fiscal year. 2. Mayor’s Supplemental Budget - In addition to amounts allocated for each councilmember, the City will budget an equal amount for the mayor serving the first half of the fiscal year and for the mayor serving the second half of the fiscal year. Only the sitting mayor may incur costs or receive reimbursements charged to this respective budget line item. 7. TRANSPORTATION The most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements must be used, using the most direct and time-efficient route. Government and group rates must be used when available. 1. Airfare - The City will pay only the costs for the most direct route and least expensive travel necessary to accomplish the purpose of City-related travel. Travelers shall fly coach class on the lowest cost flight/s available at the time travel is needed for the most direct route to the final destination. This could include reasonably scheduled layovers up to 1 and 1/2 hours when in route to the final destination. Any additional cost resulting from deviation from the most direct route will not be reimbursed unless incurred for the benefit of the City, as determined by the Approving Official. Travelers that choose to use their personal frequent flyer miles for City business shall not be reimbursed for the value of the tickets. Only out of pocket costs for City-related air travel will be reimbursed. 2. Automobile - Automobile mileage is reimbursed at Internal Revenue Service rates in effect at the time the expense is incurred. These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses associated with operating the vehicle. This amount does not include bridge and road tolls, which are also reimbursable. 3. Car Rental - Rental cars are only allowed for business reasons (i.e., travel to and from a hotel and a conference if this service is not included in the event/conference registration) and with prior approval by the Finance Director. Cars rentals shall only be approved, if other methods of ground transportation (such as shuttles or taxis) are more expensive during the stay at the destination. If a rental car is approved, it is the traveler’s responsibility to only rent a Compact, or equivalent rental car, and to reduce CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT/TITLE: POLICY NO: DATE APPROVED: REVISION NUMBER: EXPENSE REIMBURSEMENT FOR CITY COUNCIL Page 5 of 8 the total cost of the car rental by reducing optional costs such as vehicle options and refueling charges. Traveler shall refuel the rental car prior to returning the rental car if additional charges apply for refueling. A rental car level above Compact requires prior approval by the Finance Director and is only authorized for group travel. Car insurance for rental cars is not necessary if the rental car is being used for City business. The City, as the employer, bears responsibility for damage or injury arising from a traveler's use of the rented vehicle, provided that the use is within the scope and course of their employment. Presently the City covers this responsibility through self-insurance. When travelers on City business are renting vehicles and use the rental car for personal transportation, any liability arising from personal use will be the responsibility of the traveler. Because of this liability, the traveler may purchase additional insurance coverage, but it will be at the traveler's sole expense (i.e., non-reimbursable by the City). 4. Taxis /Shuttles - Taxis or shuttle fares may be reimbursed, including a 15 percent gratuity per fare, when the cost of such fares is equal to or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time-efficiency. 8. LODGING Lodging expenses will be reimbursed or paid for when travel on official City business reasonably requires an overnight stay. If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. If group rates are not available, reimbursement shall not exceed available government rates established at time of travel. If government rates are not available, reimbursement for lodging expense shall not exceed 150% of the GSA per diem limits (see www.gsa.gov) 9. MEALS Meal expenses and associated gratuities will be reimbursed at the rates specified in City Administrative Policy 128.8 – Travel/Expense Policy (meals). 10. TELEPHONE/FAX/CELLULAR Officials will be reimbursed for actual telephone and fax expenses incurred on City business. As necessary, officials will be provided a City-owned fax machine and any other equipment as the full City Council determines necessary to use in the conduct of its official business. CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT/TITLE: POLICY NO: DATE APPROVED: REVISION NUMBER: EXPENSE REIMBURSEMENT FOR CITY COUNCIL Page 6 of 8 11. AIRPORT PARKING Long-term parking, as opposed to short-term parking, must be used for travel exceeding 24 hours. 12. OTHER EXPENSES 1. Baggage Handling Fees – Baggage handling fees are reimbursable up to $1 per bag and up to 15 percent for associated gratuities. 2. Outside Agency Reimbursement - Expenses for which City Councilmembers receive reimbursement from another agency are not reimbursable by the City. 3. Parking Fees - Parking fees for City-related business and associated activities will be reimbursed. 4. Spreckels Performing Arts Center – Each official shall be issued one complimentary ticket for each performance at the Spreckels Performing Arts Center. 13. CASH ADVANCES Cash advances are prohibited by the City. 14. CREDIT CARD USE The City does not issue credit cards to individual office holders but does have an agency credit card for selected City expenses. City office holders may request City administrative support staff to use the City's credit card for such purposes as purchasing airline tickets and making hotel reservations. In compliance with this policy, receipts documenting expenses incurred on the City credit card must be submitted to the Finance Department by the cardholder when received. City credit cards may not be used for personal expenses, even if the official subsequently reimburses the City. Cash advances on credit cards are not permitted. 15. EXPENSE REPORT CONTENT AND SUBMISSION DEADLINE All Councilmember reimbursement requests must be submitted on an expense report form provided by the City. This form shall include the following advisory: “All expenses reported on this form must comply with the City's policies relating to expenses and use of public resources. The information submitted on this form is a public record. Penalties for misusing public resources and violating the City's policies include loss of reimbursement privileges, restitution, civil and criminal penalties as well as additional income tax liability.” CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT/TITLE: POLICY NO: DATE APPROVED: REVISION NUMBER: EXPENSE REIMBURSEMENT FOR CITY COUNCIL Page 7 of 8 Expense reports must document that the expense in question met the requirements of this policy. For example, if the meeting is with a legislator, the local agency official should explain whose meals were purchased, what issues were discussed and how those relate to the City's adopted legislative positions and priorities. Officials must submit their expense reports within 30 days of an expense being incurred, accompanied by receipts documenting each expense. Restaurant receipts, in addition to any credit card receipts, are also part of the necessary documentation. Inability to provide such documentation in a timely fashion may result in the expense being borne by the official. 16. AUDITS OF EXPENSE REPORTS All expenses are subject to policy compliance verification. 17. REPORTS TO GOVERNING BOARD Each Councilmember shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body (GC Section 53232.3(d)). Such reports shall be made under the Council Committee/Liaison/Other Reports section of City Council meeting agendas. If multiple officials attended, a joint report may be made. In addition, staff shall submit Council expense summary reports for acceptance by the Council on a quarterly basis. 18. COMPLIANCE WITH LAWS City officials should keep in mind that some expenses may be subject to reporting under the Political Reform Act and other laws. All documents related to reimbursable agency expenditures are public records subject to disclosure under the Public Records Act (Chapter 3.5 commencing with Section 6250 of Division 7, Title 1). 19. VIOLATION OF THIS POLICY Use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following: 1) loss of reimbursement privileges, 2) a demand for restitution to the City, 3) the City reporting the expenses as income to the elected official to state and federal tax authorities, 4) civil penalties of up to $2,000 per day and three times the value of the resources used, and 5) prosecution for misuse of public resources. APPENDIX 1. Policy 128.8 – City of Rohnert Park Travel/Expense Policy (meals) CITY OF ROHNERT PARK CITY COUNCIL POLICY SUBJECT/TITLE: POLICY NO: DATE APPROVED: REVISION NUMBER: EXPENSE REIMBURSEMENT FOR CITY COUNCIL Page 8 of 8 APPROVED BY: AUTHORIZED BY:  MINUTE ORDER DATE: ___________________  RESOLUTION NO. _______________________  MINUTE ORDER DATE: ___________________ Sign:___________________________________ Mayor Date:_______________________