2015/11/10 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, November 10, 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.
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 November 10, 2015
for City Council/RPFA/CDC Successor Agency Page 2 of 5
1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT REGULAR MEETING
- CALL TO ORDER/ROLL CALL
(Callinan __ Mackenzie__ Stafford __ Belforte __ Ahanotu __)
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
A. Rohnert Park Library Commission Update by Commissioner Barbara Mackenzie
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. City Council Special Meeting, November 2, 2015
2. City Council/RPFA/Successor Agency Joint Regular Meeting, October 27,
2015
3. City Council/RPFA/Successor Agency Joint Special Meeting, October 27, 2015
B. Acceptance of Reports for:
1. 2014 Alcohol Beverage Service Ordinance (ABSO) Annual Report
2. City Bills/Demands for Payment dated November 10, 2015
C. City Council Resolutions for Adoption:
1. 2015-175 Authorizing and Approving Elimination of the Part-Time
Technical Advisor and the Creation of a Permanent Part-Time
Fire Inspector; and Associated Job Description and Salary
Range in the Rohnert Park Employee Association
D. Authorize Agreement for Sewer Pump Station Grinder Repair and Retrofit with
JWC Environmental in the amount not to exceed $41,000 and Authorize the
City Manager to Execute said Agreement
City of Rohnert Park Joint Regular Meeting Agenda November 10, 2015
for City Council/RPFA/CDC Successor Agency Page 3 of 5
E. Approve the Location of the Credo Charter School at Sonoma Mountain
Village
Council Motion/Vote
8. CLOSED SESSION
A. Recess to Closed Session in Conference Room 2A to Consider:
1. Conference with Real Property Negotiators (Government Code §54956.8)
Property: Stadium Lands Lot 1 (APN: 143-040-124)
City Negotiator: Darrin Jenkins, City Manager
Negotiating Parties: Anthony J. Manos, Corton Partners/Bruce Orr &
Associates
Under Negotiation: Price and Terms
B. Reconvene Joint Regular Meeting Open Session in Council Chamber
C. Report On Closed Session (Government Code § 54957.1)
9. INTRODUCTION OF ORDINANCE – Consideration of Amending Rohnert
Park Municipal Code 9.66 (Bingo Games)
.
A. Staff Report
B. Public Comment
C. Ordinance for Introduction:
1. No. 892 An Ordinance of the City Council of the City of Rohnert Park
Amending Title 9 Chapter 9.66 of the Rohnert Park Municipal Code Relating
to Bingo Games
a. Council motion/discussion/roll call vote
(Callinan __ Mackenzie___ Stafford__ Belforte __ Ahanotu __)
10. Consider Authorizing and Approving the Adoption of the Public Agencies Post-
Employment Benefits Trust Program Administered by Public Agency Retirement
Services (PARS)
A. Staff Report
B. Public Comment
C. Resolution for Adoption:
1. 2015-176 Authorizing and Approving the Adoption of the Public Agencies
Post-Employment Benefits Trust Administered by Public Agency
Retirement Services (PARS)
a. Council motion/discussion/vote
11. Discussion and Direction of the Future of the Sister Cities Relations Committee
and the Cultural Arts Commission
A. Staff Report
B. Public Comment
C. Council discussion/direction
City of Rohnert Park Joint Regular Meeting Agenda November 10, 2015
for City Council/RPFA/CDC Successor Agency Page 4 of 5
12. Reconsideration of Resolution 2015-145, Designating the Use of Proceeds from the
Sale of 5870 Labath Avenue (Stadium Lands)
A. Staff Report
B. Public Comment
C. Resolution for Adoption:
1. 2015-177 Repealing Resolution 2015-145
a. Council motion/discussion/vote
2. 2015-178 Designating the Use of Proceeds from the Sale of 5870 Labath
Avenue
a. Council motion/discussion/vote
13. Direction on Proposed Restroom Re-Opening Strategy at City Parks
A. Staff Report
B. Public Comment
C. Council discussion/direction
14. 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.
15. 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.
16. 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.
17. 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.
18. ADJOURNMENT
City of Rohnert Park Joint Regular Meeting Agenda November 10, 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
November 10, 2015, Joint Regular Meeting of the Rohnert Park City Council/RPFA was posted and available
for review on November 5, 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 5th day of November, 2015, at Rohnert Park, California.
___________________________________________
JoAnne M. Buergler, City Clerk
MINUTES OF THE SPECIAL MEETING
OF THE CITY OF ROHNERT PARK CITY COUNCIL
Monday, November 2, 2015
Rohnert Park City Hall, Council Chamber
130 Avram Avenue, Rohnert Park, California
1. CITY COUNCIL SPECIAL MEETING - CALL TO ORDER/ROLL CALL
Mayor Ahanotu called the Special Meeting to order at 4:00 pm, the notice for which being
legally noticed on October 30, 2015.
Present: Amy O. Ahanotu, Mayor
Gina Belforte, Vice Mayor
Joseph T. Callinan, Councilmember
Jake Mackenzie, Councilmember
Pam Stafford, Councilmember
Absent: None
Staff present: City Manager Jenkins, Assistant City Manager Schwartz, City Attorney
Kenyon, Senior Analyst Atkins, and City Clerk Buergler.
2. PUBLIC COMMENTS
None.
3. CLOSED SESSION
A. Mayor Ahanotu made the closed session announcement pursuant to Government
Code §54957.7 and Council recessed to Closed Session at 4:01 pm in the Council
Chamber to Consider:
1. Conference with Real Property Negotiators (Government Code §54956.8)
Property: Stadium Lands Lot 1 (APN: 143-040-124)
City Negotiator: Darrin Jenkins, City Manager
Negotiating Parties: Anthony J. Manos, Corton Partners/Bruce Orr & Associates
Under Negotiation: Price and Terms
B. Reconvened the Special Meeting Open Session in the Council Chamber 4:27 pm
C. Report On Closed Session (Government Code § 54957.1)
Mayor Ahanotu reported: no reportable action.
4. First Amendment to Purchase and Sale Agreement for 5870 Labath Avenue
(Stadium Lands) to Extend Buyer’s Due Diligence Period
City Manager Jenkins presented the item. Recommended Action(s): Approve the First
Amendment to Agreement for Purchase and Sale (Including Joint Escrow Instructions)
and Terms of Development for 5870 Labath Avenue (the “First Amendment”) extending
deadline for completion of Buyer’s due diligence.
Public Comment: None.
City of Rohnert Park City Council Special Meeting Minutes November 2, 2015
Page 2 of 2
ACTION: Moved/seconded (Mackenzie/Belforte) to approve the Recommended
Action.
Motion carried unanimously by the following 5-0 vote: AYES: Callinan,
Mackenzie, Stafford, Belforte, and Ahanotu, NOS: None, ABSTAINS:
None, ABSENT: None.
5. ADJOURNMENT
Mayor Ahanotu adjourned the Special Meeting at 4:29 pm.
_____________________________________ __________________________________
JoAnne M. Buergler, City Clerk Amy O. Ahanotu, Mayor
City of Rohnert Park City of Rohnert Park
MINUTES OF THE JOINT REGULAR MEETING
OF THE CITY OF ROHNERT PARK
City Council
Rohnert Park Financing Authority
Successor Agency to the Community Development Commission
Tuesday, October 27, 2015
Rohnert Park City Hall, Council Chamber
130 Avram Avenue, Rohnert Park, California
1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT
REGULAR MEETING - CALL TO ORDER/ROLL CALL
Mayor Ahanotu called the joint regular meeting to order at 5:00 pm, the notice for which being
legally noticed on October 23, 2015.
Present: Amy O. Ahanotu, Mayor
Gina Belforte, Vice Mayor
Jake Mackenzie, Councilmember (Arrived 5:01 pm)
Joseph T. Callinan, Councilmember
Pam Stafford, Councilmember
Absent: None
Staff present: City Manager Jenkins, Assistant City Manager Schwartz, City Attorney
Marchetta-Kenyon, City Clerk Buergler, Senior Analyst Atkins, Finance Director Howze,
Development Services Director Pawson, Community Services Supervisor Austin,
Sergeant Johnson, Commander Strouse, and Commander Bates.
2. PLEDGE OF ALLEGIANCE
Led by Senior Analyst Atkins.
3. PRESENTATIONS
A. Rohnert Park Family Resource Center Update by Robin Bowen, Executive Director
of California Parenting Institute
Robin Bowen, Executive Director of California Parenting Institute, and Michele
McEntee, Director of Community Based Mental Health Services, California
Parenting Institute, presented the update.
City of Rohnert Park Joint Regular Meeting Minutes October 27, 2015
for City Council/Rohnert Park Financing Authority/Successor Agency Page 2 of 5
4. DEPARTMENT HEAD BRIEFING
Economic Development Update
Assistant City Manager Schwartz and Christine Walker, Design Guild Co-Founder,
presented the update.
5. PUBLIC COMMENTS
Jim Duffy requested City Council begin discussions on implementation of
Recommendation 2.8 on the President’s Task Force of 21st Century Policing regarding
community policing.
Chris Davies expressed concern about receiving conflicting information regarding City
Council Meetings.
6. CONSENT CALENDAR
A. Approval of Minutes for:
1. City Council/RPFA/Successor Agency Joint Regular Meeting, October 13, 2015
2. City Council Special Meeting, October 15, 2015
3. City Council/RPFA/Successor Agency Joint Regular Meeting, August 11, 2015
B. Acceptance of Reports for:
1. RPFA- Cash Report for Month Ending September 2015
2. Housing Successor Agency- Cash Report for Month Ending September 2015
3. Redevelopment Successor Agency- Cash Report for Month Ending September
2015
4. City- Cash Report for Month Ending September 2015
5. City C ouncilmembers Quarterly Expense Report (July, August, September)
6. City Bills/Demands for Payment dated October 27, 2015
7. Successor Agency to the CDC Bills/Demands for Payment dated October 27,
2015
8. City Parks Restroom Status Update
C. Ordinances for Adoption:
1. 890 An Ordinance of the City Council of the City of Rohnert Park
Adding Title 15 Chapter 15.32 to the Rohnert Park Municipal Code
Relating to Expedited Permitting Procedures for Small Residential
Rooftop Solar Systems
2. 891 An Ordinance of the City Council of the City of Rohnert Park
Amending Rohnert Park Municipal Code Section 9.46.070 (Limit on
Liability for Emergency Response Cost Recovery)
D. City Council Resolutions for Adoption:
1. 2015-170 Authorizing and Approving to Execute Task Order 2015-08 with
GHD Inc. for Infiltration and Inflow Study and Authorizing a
Supplemental Appropriation
2. 2015-171 Approving a Job Description and Salary Range for Accounting
Services Supervisor and Adjusting the Allocated Position from
Utility Billing and Revenue Manager to Accounting Services
Supervisor
City of Rohnert Park Joint Regular Meeting Minutes October 27, 2015
for City Council/Rohnert Park Financing Authority/Successor Agency Page 3 of 5
3. 2015-172 Identifying the Terms and Conditions for Fire Department Response
Away from their Official Duty Station and Assigned to an
Emergency Incident
4. 2015-173 Authorizing and Approving Elimination of a Full Time Non-Sworn
Technical Services Commander Position and Addition of a Full
Time Sworn Public Safety Commander in the Public Safety
Department (Pulled by Ahanotu)
E. Authorize the Purchase of Five (5) Public Works Utility Trucks from Downtown Ford
in the amount not to exceed $220,000 and Authorize the City Manager to Execute
Purchase Documentation
F. Authorize the City Manager to Execute Amendment No.1 to Task Order No. 2015-03
for Design Professional Services with GHD Inc. for Clausen Overcrossing and
Highway 101 Sewer Main Investigation and Rehabilitation Design Project (Project
Number 2015-10)
G. Authorize Approval of Donation Request for the Christmas Basket Program in the
amount of $500.00
H. Authorize sending a letter in support of the concept of a Regional Ordinance for
Unused Medication in Sonoma County
ACTION: Moved/seconded (Belforte/Stafford) to approve the Consent Calendar.
Motion carried unanimously by the following 5-0 roll call vote: AYES:
Callinan, Mackenzie, Stafford, Belforte, and Ahanotu, NOS: None,
ABSTAINS: None, ABSENT: None.
C. City Council Resolutions for Adoption:
4. 2015-173 Authorizing and Approving Elimination of a Full Time Non-Sworn
Technical Services Commander Position and Addition of a Full
Time Sworn Public Safety Commander in the Public Safety
Department
Recommended Action: Approve a Resolution authorizing and approving the
current full time Technical Services Commander to be converted to a full time
Public Safety Commander.
ACTION: Moved/seconded (Stafford/Callinan) to adopt Resolution 2015-173.
Motion carried unanimously by the following 5-0 roll call vote: AYES:
Callinan, Mackenzie, Stafford, Belforte, and Ahanotu, NOS: None,
ABSTAINS: None, ABSENT: None.
7. Potential Amendments to Title 9, Chapter 9.66 of the Rohnert Park Municipal Code
Related to Bingo Games
Assistant City Manager Schwartz and Community Services Supervisor Austin presented
the item. Recommended Action(s): Provide direction regarding proposed amendments to
Title 9, Chapter 9.66 of the Rohnert Park Municipal Code relating to bingo games.
City of Rohnert Park Joint Regular Meeting Minutes October 27, 2015
for City Council/Rohnert Park Financing Authority/Successor Agency Page 4 of 5
Public Comment: None.
ACTION: By Consensus (none opposed), City Council directed staff to move
forward with amending Chapter 9.66.
8. Declaring Intention to Form a Community Facilities District to Fund Certain Public
Services within the Southeast Specific Plan Area and Authorizing and Directing
Certain Related Actions
Development Services Director Pawson presented the item. Recommended Action(s):
Adopt a Resolution Declaring Intention to Form a Community Facilities District to Fund
Certain Public Services within the Southeast Specific Plan Area and Authorizing and
Directing Certain Related Actions.
Public Comment: None.
ACTION: Moved/seconded (Stafford/Mackenzie) to adopt Resolution 2015-174
Declaring Intention to form a Community Facilities District to Fund
Certain Public Services within the Southeast Specific Plan Area and
Authorizing and Directing Certain Related Actions.
Motion carried unanimously by the following 5-0 vote: AYES: Callinan,
Mackenzie, Stafford, Belforte, and Ahanotu, NOS: None, ABSTAINS:
None, ABSENT: None.
9. COMMITTEE / LIAISON/ OTHER REPORTS
Sonoma County Waste Management Agency (10/21)
Councilmember Stafford reported the Board discussed potential options for continuing
Agency programs beyond February 2017.
Sonoma Clean Power (10/22)
Councilmember Stafford reported the Board is looking at expanding service to new
regions.
Education Standing Committee
Councilmember Stafford and Callinan reported discussing with Sonoma State University
the University’s increased enrollment which increases the need to build student housing
and the arena is complete and they are considering building a stage.
10. COMMUNICATIONS
Vice Mayor Belforte reported on receiving a letter from a citizen being impacted by those
smoking outdoors near her home.
Councilmember Stafford reported on the Department of Public Safety swearing in
ceremony.
11. MATTERS FROM/FOR COUNCIL
A. Reconsideration of Resolution 2015-145 regarding proceeds from Stadium Lands
Public Comment in opposition of reconsideration: Gerard Giudice.
City of Rohnert Park Joint Regular Meeting Minutes October 27, 2015
for City Council/Rohnert Park Financing Authority/Successor Agency Page 5 of 5
ACTION: Reconsideration of Resolution 2015-145 will be agendized November 10,
2015.
12. PUBLIC COMMENTS
None.
13. CLOSED SESSION
A. Mayor Ahanotu made the closed session announcement pursuant to Government
Code §54957.7 and Council recessed to Closed Session at 6:32 pm in Conference
Room 2A to Consider:
1. Conference with Legal Counsel – Anticipated Litigation - Significant exposure to
litigation pursuant to Government Code §54956.9(d)(2): (One Case)
B. Reconvened Joint Regular Meeting Open Session in Council Chamber at 6:50 pm
C. Report on Closed Session (Government Code § 54957.1)
Mayor Ahanotu reported: no reportable action.
14. ADJOURNMENT
Mayor Ahanotu adjourned the joint regular meeting at 6:50 pm.
_____________________________________ __________________________________
JoAnne M. Buergler, City Clerk Amy O. Ahanotu, Mayor
City of Rohnert Park City of Rohnert Park
MINUTES OF THE JOINT SPECIAL MEETING
OF THE CITY OF ROHNERT PARK
City Council
Rohnert Park Financing Authority
Successor Agency to the Community Development Commission
Tuesday, October 27, 2015
Rohnert Park City Hall, Council Chamber
130 Avram Avenue, Rohnert Park, California
1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT SPECIAL
MEETING - CALL TO ORDER/ROLL CALL
Mayor Ahanotu called the joint special meeting to order at 6:51 pm, the notice for which being
legally noticed on October 26, 2015.
Present: Amy O. Ahanotu, Mayor
Gina Belforte, Vice Mayor
Joseph T. Callinan, Councilmember
Jake Mackenzie, Councilmember
Pam Stafford, Councilmember
Absent: None
Staff present: City Manager Jenkins, City Attorney Marchetta-Kenyon, City Clerk
Buergler, and Senior Analyst Atkins.
2. CLOSED SESSION
A. Mayor Ahanotu made the closed session announcement pursuant to Government
Code §54957.7 and Council recessed to Closed Session at 6:51 pm in Conference
Room 2A to Consider:
1. Conference with Real Property Negotiators (Government Code § 54956.8)
Property: Stadium Lands Lot 1 (APN: 143-040-124)
City Negotiator: Darrin Jenkins, City Manager
Negotiating Parties: Anthony J. Manos, Carton Partners/Bruce Orr & Associates
Under Negotiation: Price and Terms
B. Reconvened Joint Special Meeting Open Session in Council Chamber at 7:55 pm
C. Report on Closed Session (Government Code § 54957.1)
Mayor Ahanotu reported: no reportable action.
City of Rohnert Park Joint Special Meeting Minutes October 27, 2015
for City Council/Rohnert Park Financing Authority/Successor Agency Page 2 of 2
3. ADJOURNMENT
Mayor Ahanotu adjourned the joint special meeting at 7:55 pm.
_____________________________________ __________________________________
JoAnne M. Buergler, City Clerk Amy O. Ahanotu, Mayor
City of Rohnert Park City of Rohnert Park
ROHNERT PARK DEPARTMENT
OF PUBLIC SAFETY
To: City Council via Chief Masterson From: Sgt D. Utecht
Subject: 2014 ABSO Annual Report Date: 10/24/2015
The annual fees collected for 2014 fiscal year for the Alcohol Beverage Service
Ordinance (ABSO) Program were $31,550.00. The 2014 fiscal year ABSO
Program expenditures were $22,117.00. At the end of the year the program came
in $9344.00 under budget. This was due to the fact that the ABSO program saved
$4440.00 by partnering with the DHS grant for the Decoy Operations and the
purchase of some new equipment came from the Tri-Cities Educational Fund. I
have attached the fiscal year 2014 ABSO Program Budget to provide you with a
detailed breakdown of the programs spending during that year.
In 2014 we again partnered with the DHS Grant and used the two programs to
address the issue of merchants using the ABC rule that requires that decoy’s must
tell the truth and cannot use fake or barrowed identification. We used a two
pronged approach which included using educational decoy operations and the
updated Responsible Beverage Service Training (RBS) training program. The
new classes clearly advise merchants that simply asking the customer’s age will
not protect them any longer from possible criminal prosecution. The classes also
include additional information on out of state identification checking techniques.
By the end of 2014 we have already seen a reduction in the sales of alcohol to our
minor decoys based on the results of the DHS decoy operations at the end of the
year.
The ABSO program provided (19) RBS classes using this new program and the
DHS grant conducted additional decoy operations in 2014. Both programs clearly
explained that in 2015 the ABSO program would be again conducting decoy
operations and that the decoys used will be allowed to lie to them about their age
and that the decoys will be using fake and/or borrowed identification. All of the
businesses were also notified that citations will be issued to employees who sell
alcohol to minors and that a detailed report will be sent to ABC for their review
and possible action.
The goal in 2015 is to hold our merchants and their employees accountable for
irresponsible behavior related to the service and sales of alcohol to minors. We
have spent two years making sure that all of our businesses have had an
opportunity to receive better training and information about responsible beverage
service. We believe that we have delivered a clear message that the goal of RBS is
not just, “Not to get caught, but to limit their criminal and civil liability by
thoroughly checking identification.” If we can accomplish this we can protect our
community in two ways. First, we can prevent Rohnert Park from adding to an
alarming statistic that was recently released which showed that the age group
which has had the highest increase in drunken driving arrests in the past two years
is 18 to 20 year olds. Second, we can reduce the number alcohol related overdoses
we respond to as a result of underage drinking.
FY2014/15 Program Budget - Department of Public Safety
Alcohol Beverage Service Ordinance (ABSO)
Revenue Funding In-Kind Total Comments
Fees 30,151$ 30,151$ See Item # 1
Balance Brought Forward From 2013/14 9,433$ 9,433$
Total Revenue 39,584 - 39,584
Expenses
OT Salary 29,648$ 29,648$ See Item # 2
Total Salaries 29,648 - 29,648
Other Expenses
Office Supplies 158$ 158 See item # 3
Postage 249 249 See Item # 4
Printing 1,960 1,960 See Item # 5
Program Supplies 432 432 See Item # 6
Total Expenses 32,446 - 32,447
Surplus/(Deficit) 7,138$ -$ 7,137$
Notes/Details:
(1) Estimate Collection of Alcoholic Beverage Service Fees
(2) Staff paid overtime
Public Safety Staff Hours Over-Time Salary
Sergeant (5 hours) x 7 RBS training classes 35 $3,010
Public Safety Officer (4 hours) x 7 RBS training classes 28 2,128
Sergeant (5 hours) x 3 Private on-site training classes 15 1,290
Public Safety Officer (4 hours) x 3 Private on-site training classes 12 912
Sergeant (6 hours) x 8 Compliance Check Inspections 48 3,936
Public Safety Officer (6 hours) x 8 Compliance Check Inspections 48 3,552
Sergeant (10 hours) x 4 Minor Decoy Operations 40 3,440
(2) Public Safety Officer (10 hours) x 4 Minor Decoy Operations 80 6,080
Administrative Duties (40 hours)40 3,440
Administrative Assistant (60 hours)60 1,860
Total public safety overtime cost 406 $29,648
(3) Office Supplies Cost Qty.Total
Paper $0.02 2000 $40
Printer Cartridge 50.00 1 50
Envelopes (Manilla and Letter)0.15 450 68
Total office supplies 2451 $158
(4) Postage (est. 360 pieces)Cost Qty.Total
Mailer A -RBS Course Schedule February - June $0.46 80 $37
Mailer B - Use Permit 1.50 80 120
Mailer C - Second Billing 0.46 70 32
Mailer D - Delinquet Notices 0.46 50 23
Mailer E - RBS Course Schedule July - January 0.46 80 37
$249
(5) Printing Cost Cost Qty.Total
Off-Sale Manual $0.10 6,000 $600
On-Sale Manual 0.10 6,000 600
Summary of Laws Handout 0.10 3,600 360
Course Completion Cards 0.20 1,000 200
RBS Color Pamphlets 2.50 80 200
Total printing cost 16,680 $1,960
(6) Program Supplies Cost Qty.Total
Post-it flip charts $30.00 5 $150
Dry Erase Markers 19.00 5 95
Replacement Batteries for UV Lights 10.00 15 150
Certificate Paper for Use Permit 37.00 1 37
$432
ITEM NO.
1
Meeting Date: November 10, 2015
Department: Public Safety, Fire Division
Submitted By: Daniel Adam, Fire Marshal
Prepared By: Daniel Adam, Fire Marshal
Agenda Title: Consideration and Adoption of Reso lution Authorizing and Approving
Eliminat ion of the Part -Time Technical Advisor and the Creation of a
Permanent Part-Time Fire Inspector; and Associated Job Description and
Salary Range in the Rohnert Park Employee Association
RECOMMENDED ACTION:
Approve a resolution authorizing and approving the elimination of the Part-Time Technical
Advisor and the creation of a permanent Part-Time Fire Inspector; and associated job description
and salary range in the Rohnert Park Employee Association.
BACJGROUND:
The Public Safety Depart ment currently has the fo llowing authorized posit ion:
Posit ion Tit le Hourly Salar y Range Unit Range
Part -Time Technical Advisor – Fire Division $30.00 - $40.00 None N/A
The position of temporary Part-Time Technical Advisor – Fire Division was approved by City
Council Resolution No. 2014-20 on February 25, 2014. The position was approved based on the
increased workload within the Fire Division, specifically an increase in fire inspections required
due to an increase in new businesses and new construction. This position was funded from an
associated increase in inspection fees.
ANALYSIS
As a result of the improving economy and an increase in the number of fire inspections, we are
recommending the elimination of the temporary Part-Time Technical Advisor in the Fire
Division and creating a new regular/permanent Part-Time Fire Inspector position. This change
will allow the existing employee and/or any future prospective employees to remain in the
position on a continuous basis and eliminate the need to recruit for a temporary position on an
ongoing basis. The newly created Part Time Fire Inspector position will be filled through
reclassification and appointment of existing staff.
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
FISCAL IMPACT:
Staff recommends the placement of the Part-Time Fire Inspector in the RPEA unit in range 81,
which is below the salary range of the current Part time Technical Advisor –Fire Division
position:
Posit ion Tit le Hourly Salary Range Unit Range
Part-Time Fire Inspector $28.25 - $34.34 RPEA 81
The FY 15-16 budgeted amount for the temporary Part-Time Technical Advisor is $35,000,
based on the current employee’s pay range. The new permanent part-time position rate would
start at $32.71 per hour with a maximum of 1040 hours ($34,018), with future increases bringing
the maximum cost to $35,714.
The regular/permanent Part-Time Fire Inspector is a benefitted position; however, there are no
associated employer costs for retirement contributions to PERS for the incumbent, due to his
status as a disability retired annuitant. The employer’s annual prorated healthcare cost could be
up to a maximum family rate of $8,238, if the employee elects to participate in the program. This
would bring the total estimated cost to $43,952.
There is the potential for future cost increases, based on the PERS employment status of
employees subsequently hired into the Fire Inspector position and whether retirement
contributions are required. Based on the current PERS employer retirement contribution rates of
26.85%, the new position has a future increased exposure for PERS employer contributions of
$9,589 annually which would potentially increase cost to $53,541.
The current Fire Division inspection fee revenues continue to increase. The FY 14-15 revenues
were $311,546, exceeding the projected budgeted amount of $250,000. The FY 15-16 amount
was budgeted conservatively at $250,000. The increase (or potential increase) in staff costs to
the FY 15-16 budget would be covered by unbudgeted fire inspection fees.
Department Head Approval Date: 08/05/15
City Manager Approval Date: 9/17/2015
Finance Director Approval: 10/20/15
City Attorney Approval Date: N/A
Attachments (list in packet assembly order):
1. Resolution
2. Job descript ion for Part-Time Fire Inspector
RESOLUTION NO. 2015-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK APPROVING ELIMINATION OF THE PART-TIME TECHNICAL
ADVISOR AND THE CREATION OF A PERMANENT PART-TIME FIRE
INSPECTOR; AND ASSOCIATED JOB DESCRIPTION AND SALARY
RANGE IN THE ROHNERT PARK EMPLOYEE ASSOCIATION
WHEREAS, staff has conducted an assessment of current staffing needs, options and
costs associated with providing fire inspection services to the City and determined that the
position requires staffing on a permanent basis to continue to seamlessly meet increased
demands for fire inspections, and
WHEREAS, staff recommends eliminating the temporary Part-Time Technical Advisor
– Fire Division position and creating a Part-Time Fire Inspector to allow for the filling of this
position on a permanent basis, and
WHEREAS, staff recommends the Part-Time Fire Inspector position be placed in the
Rohnert Park Employee Association (RPEA) unit, based on the nature of the duties of this
position, and
WHEREAS, staff recommends a salary in RPEA range 81 of $28.25 - $34.34 per hour
and that the Part-Time Fire Inspector position be placed in this range, and
WHEREAS, staff recommends approval of the creation of the Part-Time Fire Inspector
position job description, and
WHEREAS, the City Manager recommends the reclassification of the incumbent
employee from Part-Time Technical Services Advisor to Part-Time Fire Inspector.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve the elimination of the Part-Time Technical
Services Advisor position and the creation of a permanent Part-Time Fire Inspector, associated
job description and salary range, which is attached hereto as Exhibit “A” and incorporated by
this reference.
BE IT FURTHER RESOLVED that the position allocated in the FY 2015-16 Budget is
changed from Part-Time Technical Services Advisor to permanent Part-Time Fire Inspector.
BE IT FURTHER RESOLVED by the City Council of the City of Rohnert Park that it
does hereby authorize the City Manager to reclassify the incumbent employee.
2015-
DULY AND REGULARLY ADOPTED this 10th day of November, 2015.
CITY OF ROHNERT PARK
____________________________________
Amy Ahanotu, Mayor
ATTEST:
_____________________________
JoAnne M. Buergler, City Clerk
Attachment: Exhibit “A”
CALLINAN: _________ MACKENZIE: _________STAFFORD: _________ BELFORTE: _________ AHANOTU: _________
AYES: ( ) NOS: ( ) ABSENT: ( ) ABSTAIN: ( )
EXHIBIT “A”
City of Rohnert Park
PART -TIME FIRE INSPECTOR
(RPEA RANGE 81 - $28.25 - $34.34 Hourly)
DEFINITION
Checks plans, performs fire inspections; participates in public fire prevention
activities; enforces fire codes, laws and regulations relating to fire protection,
prevention, and safety; performs other work as required.
DISTINGUISHING CHARACTERISTICS
The Fire Inspector is a civilian position working under the direction of the Fire
Marshal in the Department of Public Safety. The Fire Inspector is responsible
for plan reviews with specifications of buildings, fire protection equipment, and
industrial processes, conducts on-site inspections of structures and conducts
annual and new business fire inspections to ensure compliance with the
requirements of federal, state, and municipal fire protection codes and
ordinances.
SUPERVISION RECEIVED/EXERCISED
General direction and supervision provided by the Public Safety Fire Marshal or
the Fire Division Commander.
ESSENTIAL FUNCTIONS
(These duties are a representative sample; position assignments may vary)
• Interprets and enforces provisions of fire prevention, hazardous materials
and fire safety laws, ordinances and other regulations
• Performs technical fire safety inspections of industrial, commercial and
residential properties, schools, institutions and places of assembly to
determine compliance with state and local, fire and building codes
• Conducts licensing inspections
• Inspects facilities for hazardous processes, public assemblies and related
activities, and recommends corrective action
• Analyzes various approaches and recommends solutions
• Prepares and maintains records and reports
• Conducts reinspections to determine progress toward compliance with
codes and policies
• Investigates complaints pertaining to fire prevention laws and gives
correction orders as necessary
• Checks building plans to ensure code compliance and proper installation
of sprinkler systems, alarm systems and other fire prevention devices and
equipment
• Tests fire sprinkler systems in commercial dwellings and residences
CITY OF ROHNERT PARK
PART -TIME FIRE INSPECTOR
PAGE 2 OF 4
• Issues permits and conducts field inspections for public assemblies
• Assists in the execution of the City of Rohnert Park weed abatement
program
• Performs fire hydrant flow tests
• Communicates effectively orally and in writing
• Works cooperatively with City staff and the community.
OTHER DUTIES
• Assists the department with community service functions
• Communicates with county and state prevention officials
• Conducts education programs pertaining to fire prevention
• W orks with schools, service clubs and other community groups
• Operates a Department vehicle
• Responds to questions from the general public, gives information on
Department policies and procedures
• Displays a positive image in dealing with the public and outside agencies
• Attends meetings and conferences
• Performs other related work as assigned.
CITY EMPLOYEES ARE EXPECTED TO:
• Provide outstanding and friendly customer service
• Create and maintain a respectful and collaborative working environment
• Communicate honestly and behave in a manner that is ethical, legal and
fiscally responsible
• Demonstrate care for the organization, customers and coworkers
• Practice and encourage initiative and innovation to improve the workplace
QUALIFICATIONS
Experience/Education
Sufficient experience and education to successfully perform the duties of the
Fire Inspector. A typical way of obtaining the required qualifications is to:
• Possess the equivalent of an Associate of Arts Degree in Fire Prevention
Studies or a closely related field from an accredited college or university;
and
• Sufficient fire prevention and plan review experience
License/Certificate
This classification requires the use of a City vehicle while conducting City
business. In order to drive, individuals must be physically capable of operating
the vehicle safely and must possess a valid California Class C driver’s license by
date of appointment.
A certificate of completion issued by the California State Board of Fire Services
for accredited courses in: Fire Inspector 1A, 1B, 1C, 1D or equivalent is
required.
Knowledge Of:
• Principles, methods and practices of modern fire prevention, fire
protection engineering, and fire suppression activities
• New construction technology
• Plan review and application of local, state, and federal codes and
regulations
• Mechanical and related characteristics for a wide variety of flammable and
explosive materials and hazardous substances
• California Fire Code, California Building Code and other applicable codes
and state laws
Ability To:
• Participate in a comprehensive fire prevention program
• Make comprehensive studies and prepare reports and recommendations
• Communicate effectively orally and in writing
• Read and interpret construction plans and specifications
• Detect deviations from plans, regulations and standard safety procedures
• Properly interpret and make decisions in accordance with laws,
regulations and policies
• Perform journey-level fire prevention inspections for a variety of buildings
and structures
• Enforce codes, ordinances, and regulations pertaining to fire prevention
with fairness and professionalism
• Represent the Public Safety Department to contractors, engineers,
architects and developers and in public meetings
• Work cooperatively with others
• Operate a vehicle observing legal and defensive driving practices
WORKING CONDITIONS
Incumbent in this classification is expected to communicate orally either face to
face, in a group setting, or using a telephone; instruct in a classroom setting and
be able to learn through oral instruction; comprehend and make inferences from
written material and produce written documents with clearly organized thoughts
using proper sentence construction, punctuation, spelling and grammar; prepare
reports and correspondence and enter data into a terminal, personal computer or
keyboard device; and observe, compare or monitor people, behaviors, objects
and data to assure compliance with safety regulations, plans, specifications and
fire alarm and protective systems tests. When reviewing plans or conducting on-
site inspections, the Fire Inspector interprets graphic instructions and blueprints.
When participating in fire prevention activities, the incumbent walks over rough,
uneven or rocky surfaces; climbs ladders or steps to reach objects; hears alarm
CITY OF ROHNERT PARK
PART -TIME FIRE INSPECTOR
PAGE 4 OF 4
and other auditory devices during tests of fire alarms and fire protection systems;
discriminates among colors and shades of color during acceptance testing of fire
alarm and fire protection systems; moves objects such as plans, books and tools
weighing less than 20 pounds over long distances; may stand for extended
periods of time and is able to rest at will; lifts and uses arms above shoulder level
to remove books and supplies from overhead shelves; works at heights greater
than 10 feet during inspections of facilities and fire sprinkler piping systems.
FLSA Status: Non-exempt
Employee Unit: Rohnert Park Employee Association
Approved By:
Date Approved:
ITEM NO.
Meeting Date: November 10, 2015
Department: Public Works
Submitted By: John McArthur, Director of Public Works and Community Services
Prepared By: Angie Smith, Purchasing Agent
Agenda Title: Authorize Agreement for Sewer Pump Station Grinder Repair and Retrofit with
JWC Environmental in the amount not to exceed $41,000 and Authorize the
City Manager to Execute said Agreement
RECOMMENDED ACTION:
Authorize Agreement for Sewer Pump Station Grinder Repair and Retrofit with JWC Environmental in
the amount not to exceed $41,000 and Authorize the City Manager to Execute said Agreement
BACKGROUND:
Public Works operates two (2) sewage grinders that must run continually to ensure the reliable
operation of the pump station. Each year one of grinders is removed and sent to an external service
provider to perform specialized repairs and retrofit work. The adopted fiscal year 2015/2016 Sewer
Enterprise Budget includes funds for the needed grinder repairs and retrofit work.
ANALYSIS:
As per City Ordinance 843, Resolution 2012-22 the grinder repair and upgrade is available through
JWC Environmental of Santa Ana, California by means of a Sole Source Purchase. The channel
monster sewage grinders are manufactured and sold exclusively by JWC Environmental.
The City Manager’s purchasing limit is $30,000; therefore the recommended agreement will need City
Council approval. Staff is recommending the repair and upgrade be awarded to JWC Environmental of
Santa Ana, California in an amount not to exceed $41,000.
FISCAL IMPACT/FUNDING SOURCE:
JWC Environmental provided a quote of $39,271.80 for the needed repair work. Staff recommends
including a contingency amount of 5% for unforeseen repair parts costs. The total not to exceed
amount of the agreement would be $41,000. This repair and retrofit work was included in the
2015/2016 Sewer Enterprise Budget and there are adequate funds to complete the proposed work.
Department Head Approval Date: 10-19-2015 (McArthur)
Finance Director Approval Date: 10-23-2015 (Howze)
City Manager Approval Date: 10-27-2015 (Jenkins)
City Attorney Approval Date: N/A
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
AGREEMENT
Sewer Pump Station Grinder Repair and Retrofit
JWC Environmental
THIS AGREEMENT made and entered into this 10th day of November, 2015, by and
between JWC Environmental, hereinafter called "Contractor", and the City of Rohnert Park,
hereinafter called "City".
W I T N E S S E T H:
WHEREAS, City desires to contract for Grinder Repair and Retrofit at the Sewer Pump
Station; and
WHEREAS, Contractor hereby warrants to the City that Contractor is able to provide
such services described in Section 1 of this Agreement; and
WHEREAS, the City has awarded a contract to Contractor for performing the work
described in this Agreement in accordance with the quotation of said Contractor.
NOW, THEREFORE, IT IS AGREED, as follows:
1. Scope of Work: The Contractor shall perform all the work and furnish all the labor,
materials, equipment services as required to complete all work for repair and retrofit of Sewer Pump
Station Grinder as are more particularly described in the Scope of Work.
2. Time of Performance: The Contractor shall begin work immediately after official
notice by Director of Public Works, or designee, to proceed with the work and shall diligently
prosecute the same to completion within the scheduled days of that Notice.
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 scope of work and at the unit prices stated
in Contractor's schedule of fees attached as Exhibit A.
The award of the contract is for a total amount not to exceed forty one thousand dollars
($41,000.00).
4. Component Parts: This contract shall consist of the following documents, each of
which are incorporated herein and made a part hereof by reference thereto:
a) Agreement
b) Scope of Work and Fee Proposal (Exhibit A)
5. Amendment to Scope of Work. City shall have the right to amend the Scope of
Work within the Agreement by written notification to the Contractor. In such event, the
compensation and time of performance shall be subject to renegotiation upon written demand of
either party to the Agreement. Contractor shall not commence any work exceeding the Scope of
Work without prior written authorization from the City. Failure of the Contractor to secure
City's written authorization for extra or changed work shall constitute a waiver of any and all
right to adjustment in the contract price or time due, whether by way of compensation,
restitution, quantum meruit, etc. for work done without the appropriate City authorization.
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
JWC ENVIRONMENTAL
By: __________________________________
City Manager
By: _________________________
Title: ______________________
Date: Date: _______________________
Per Minute Order approved by the Rohnert Park City
Council at its meeting of November 10, 2015.
ATTEST:
___________________________________________
EXHIBIT A
SCOPE OF WORK AND FEE PROPOSAL
PROJECT MANAGER: All questions to be directed to the City’s Project Manager, Warren
Naumann, Public Works Department, 600 Enterprise Drive, Rohnert Park, 707-588-3334.
SCOPE OF WORK: Repair and Retrofit Sewer Pump Station Grinder.
LOCATION: 201 J Rogers Lane, Rohnert Park
FEE PROPOSAL: JWC Environmental provided quote 29203 in the amount of $39,271.80,
attached as part of this agreement. A contingency amount of 5% for unforeseen repair parts
costs is included. The Total Not to Exceed amount of this Agreement is $41,000.
RESPONSIBILITY OF CONTRACTOR: To provide a quality product. To perform work in
compliance with the City of Rohnert Park, and to adhere to the specifications set forth in the
contract.
CHANGES: The City may at any time, by giving fifteen (15) days written notice, delete or add
to the scope of the work as set forth in the specifications. If such changes cause an increase or
decrease in the amount due under the Contract, an equitable adjustment shall be made and the
contract amended in writing accordingly. Changes in the scope of five percent (5%) or less per
bid item, shall not be cause for adjustment.
DAMAGE TO EXISTING PROPERTY: The contractor will be held responsible for any damage
to existing real property, work, materials or equipment because of his operations and shall repair
or replace any damaged real property, work, or materials or equipment to the satisfaction of, and
at no additional cost to, the City.
The Contractor shall observe all pertinent safety practices and comply with any applicable safety
regulations.
DEFECTIVE WORK: If the City representative finds that repairs or changes are required in
connection with this Contract, which in the opinion of the City representative are rendered
necessary as the result of the use of materials, equipment or workmanship which are inferior,
defective or not in accordance with the terms of the Contract, the Contractor shall, within five (5)
days upon receipt of notice from the City representative, place in satisfactory condition in every
particular all of such work, correct all defects therein and make good all damages.
Customer Service Center
2600 S. Garnsey Street
Santa Ana, CA 92707 USA
Phone: 949 833-3888
Toll Free: 800 331-2277
Fax: 714 549-4007
5036382 Quote Number:29203Customer:
Warren Naumann 09/23/2015Quote Date:
Rohnert Park, City of Net 30Terms:
130 Avram Ave Valid 60 DaysPricing:
OriginRohnert Park, CA 94928-3126 FOB:
US 6 to 8 Weeks AROLead Time:
101109-1-1 CDD4016-ADGrinder Serial #:
707-585-1739
wnaumann@rpcity.org
Project:Wipes Ready Upgrade
All orders will be billed the applicable sales tax, based on the "ship to address", unless a valid tax exemption
certificate is provided prior to shipment.
Extended PriceUnit PricePart NumberQtyDescription
CDD4016-AD-Upgrade Return$0.00$0.001EVAL_CA
Grinder SN: 101109-1-1
CDD4016-XDS2.0-WR-Upgrade$28,962.00$28,962.001CDD4016-XDS2.0
17Cam Serrated Cutters
Knurled Spacers
Start Spacers
Stack 1:1 Hardened Alloy Steel
Remote Vertical Support
Buna N Elastomers
Cork & Rubber Gaskets
1/2" Diameter Perforated Drum
Drum Cover
Optimized Cut Control Gearing
Delta P Cutter Siderail
Spool
Less Torque Motor
*****************************************
Paint Epoxy Green
*****************************************
Wipes Ready Upgrade$6,200.00$6,200.001
Upgrade Includes:
17Cam Serrated Cutters
Knurled Spacers
Start Spacers
1/2" Diameter Perforated Drum
Delta P Cutter Siderail
Optimized Cut Control Gearing
Customer Service Center
2600 S. Garnsey Street
Santa Ana, CA 92707 USA
Phone: 949 833-3888
Toll Free: 800 331-2277
Fax: 714 549-4007
Upgrade Return Santa Ana$0.00$0.001UC-SA
*********************************************
UPGRADE RETURN
Please return your old unit within 30 days
to activate the Warranty on your
Cutter Cartridge.
Return equipment to:
*********************************************
JWC Environmental
2600 South Garnsey Street
Santa Ana, CA 92707
*********************************************
O&M MANUALS HARD COPY$0.00$0.002MANUALS
Operation and Maintenance Manuals
Ship with Grinder
Shipping & Handling$950.00$950.001Shipping
Tax$3,159.80$3,159.801
Please verify serial number is correct.
$39,271.80Sub Total
Tax
$39,271.80Total
Notes:
Thank-You for your Business!
JWC Environmental LLC
Michael Wolf
Customer Service
Customer Service Center
2600 S. Garnsey Street
Santa Ana, CA 92707 USA
Phone: 949 833-3888
Toll Free: 800 331-2277
Fax: 714 549-4007
Please provide the following information. Failure to do so may delay processing of order.Quote #:29203
Bill To Name & Address:Ship To Name & Address:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
Email Address: _____________________________
PO# ____________________________Payment terms: Net 30 FOB: Origin
Please select a shipping method:
__ Prepay & Add to Invoice
Account #: _______________Carrier: ___________________________ Collect
JWCE will add shipping and handling charges to invoices unless otherwise specified.
Please fax or email your PO and most recent tax certificate to:
Fax (770) 925-9406
Email servicesales@jwce.com
Credit cards:
__ I authorize JWCE to process this order on my credit card and add shipping and handling charges.
Call Customer Service at (800) 331-2277 for credit card processing.
Signature: __________________________Date: ________________
Customer Service Center
2600 S. Garnsey Street
Santa Ana, CA 92707 USA
Phone: 949 833-3888
Toll Free: 800 331-2277
Fax: 714 549-4007
JWC ENVIRONMENTAL
TERMS AND CONDITIONS OF SALE
Unless otherwise specifically agreed to in writing by the buyer ("Buyer") of the products and or related services purchased hereunder (the "Products") and JWC Environmental (the "Seller"), the sale of the Products
is made only upon the following terms and conditions. Whether these terms are included in an offer or an acceptance by Seller, such offer or acceptance is conditioned on Buyer's assent to these terms. Seller
rejects all additional, conditional and different terms in Buyer's form or documents.
PAYMENT TERMS
Subject to any contrary terms set forth in our price quotation, order acceptance or invoice the full net amount of each invoice is due and payable in cash within 30 days from the date of the invoice. If any payment is
not received within such 30-day period, Buyer shall pay Seller the lesser of 1 ½% per month or the maximum legal rate on all amounts not received by the due date of the invoice, from the 31st day after the date of
invoice until said invoice and charges are paid in full. Unless Sellers documents provide otherwise, freight, storage, insurance and all taxes, duties or other governmental charges related to the Products shall be
paid by the Buyer. If Seller is required to pay any such charges, Buyer shall immediately reimburse Seller for said charges. In all cases, regardless of partial payment, title to the Products shall remain the Sellers
until payment for the Products has been made in full. All orders are subject to credit approval by Seller. All offers by Seller and/or acceptance of Buyer's order shall be nullified by any failure of Buyer to obtain
credit approval. Furthermore, Buyer shall not assert any claim against Seller due to Buyer's inability to obtain credit approval. Irrevocable Letter of Credit from Buyer in form and term acceptable to Seller is
required for Product orders delivered outside the United States of America
DELIVERY
Unless otherwise provided in our price quotation, delivery of the Products shall be made F.O.B. place of manufacture. Any shipment, delivery, installation or service dates quoted by the Seller are estimated and the
Seller shall be obligated only to use reasonable efforts to meet such dates. The Seller shall in no event be liable for any delays in delivery or failure to give notice of delay or for any other failure to perform
hereunder due to causes beyond the reasonable control of the Seller. Such causes shall include, but not be limited to, acts of God, the elements, acts or omissions of manufacturers or suppliers of the Products or
parts thereof, acts or omissions of Buyer or civil and military authorities, fires, labor disputes or any other inability to obtain the Products, parts thereof, or necessary power, labor, materials or supplies. The Seller will
be entitled to refuse to make, or to delay, any shipments of the Products if Buyer shall fail to pay when due any amount owed by it to the Seller, whether under this or any other contract between the Seller and
Buyer. Any claims for shortages must be made to the Company in writing within five calendar days from the delivery date and disposition of the claim is solely subject to Sellers determination
PRICES
Prices of the Seller's Products are subject to change without notice. Quotations are conditioned upon acceptance within 30 days unless otherwise stated and are subject to correction for errors and/or omissions.
Prices include charges for regular packaging but, unless expressly stated, do not include charges for special requirements of government or other purchaser. Prices are subject to adjustment should Buyer place an
order past the validity period of the quotation or delay delivery of Products beyond the quoted lead time for any reason.
RETURNS
No Products may be returned for cash. No Product may be returned for credit after delivery to Buyer without Buyer first receiving written permission from the Seller. Buyer must make a request for return of Product
in writing to Seller at its place of business in Costa Mesa, California. A return material authorization number must be issued by the Seller to the Buyer before a Product may be returned. Permission to return Product
to Seller by Buyer is solely and exclusively the Sellers. Product must be returned to Seller at Buyers expense, including packaging, insurance, transportation and any governmental fees. Any credit for Product
returned to Seller shall be subject to the inspection of and acceptance of the Product by the Seller and is at the sole discretion of the Seller.
LIMITED WARRANTY
Subject to the terms and conditions hereof, the Seller warrants until one year after commissioning (written notification to Seller by Buyer required) of the Product or until 18 months after delivery of such Product to
Buyer, whichever is earlier, that each Product will be free of defects in material and workmanship. If (a) the Seller receives written notification of such defect during the warranty period and the defective Products
use is discontinued promptly upon discovery of alleged defect, and (b) if the owner ("Owner") forwards the Product to the Seller's nearest service/repair facility, transportation and related insurance charges prepaid.
The Seller will cause any Products whose defect is covered under this warranty to either be replaced or be repaired at no cost to the Owner. The foregoing warranty does not cover repairs required due to repair or
alteration other than by the Seller's personnel, accident, neglect, misuse, transportation or causes other than ordinary use and maintenance in accordance with the Seller's instructions and specifications. In
addition, the foregoing warranty does not cover any Products, or components thereof, which are not directly manufactured by the Seller. To the extent a warranty for repair or replacement of such Products or
components not manufactured directly by the Seller is available to Buyer under agreements of the Seller with its vendors; the Seller will make such warranties available to Buyer. Costs of transportation of any
covered defective item to and from the nearest service/repair center and related insurance will be paid or reimbursed by Buyer. Any replaced Products will become the property of the Seller. Any replacement
Products will be warranted only for any remaining term of the original limited warranty period and not beyond that term.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITIES
THE SELLER'S FOREGOING LIMITED WARRANTY IS THE EXCLUSIVE AND ONLY WARRANTY WITH RESPECT TO THE PRODUCTS AND SHALL BE IN LIEU OF ALL OTHER WARRANTIES (OTHER
THAN THE WARRANTY OF TITLE), EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE AND ANY STATEMENTS MADE BY EMPLOYEES, AGENTS OF THE SELLER OR OTHERS REGARDING THE PRODUCTS. THE OBLIGATIONS OF THE SELLER UNDER THE FOREGOING
WARRANTY SHALL BE FULLY SATISFIED BY THE REPAIR OR THE REPLACEMENT OF THE DEFECTIVE PRODUCT OR PART, AS PROVIDED ABOVE. IN NO EVENT SHALL THE SELLER BE LIABLE
FOR LOST PROFITS OR OTHER SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY
OF THE SELLER TO BUYER AND OTHERS ARISING FROM ANY CAUSE WHATSOEVER IN CONNECTION WITH BUYER'S PURCHASE, USE AND DISPOSITION OF ANY PRODUCT COVERED HEREBY
SHALL, UNDER NO CIRCUMSTANCES, EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT BY BUYER. NO ACTION, REGARDLESS OF FORM, ARISING FROM THIS AGREEMENT OR BASED
UPON BUYER'S PURCHASE, USE OR DISPOSITION OF THE PRODUCTS MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, EXCEPT THAT
ANY CAUSE OF ACTION FOR THE NONPAYMENT OF THE PURCHASE PRICE MAY BE BROUGHT AT ANY TIME
The remedies provided to Buyer pursuant to the limited warranty, disclaimer of warranties and limitations of liabilities, described herein are the sole and exclusive remedies.
Unless specifically agreed to in writing by the Seller, no charges may be made to the Seller by Buyer or any third party employed by buyer for removing, installing or modifying any Product.
The Seller and its representatives may furnish, at no additional expense, data and engineering services relating to the application, installation, maintenance or use of the Products by Buyer. The Seller will not be
responsible for, and does not assume any liability whatsoever for, damages of any kind sustained either directly or indirectly by any person through the adoption or use of such data or engineering services in whole
or in part.
CONFIDENTAIL INFORMATION
Except with the Seller's prior written consent, Buyer shall not use, duplicate or disclose any confidential proprietary information delivered or disclosed by the Seller to Buyer for any purpose other than for operation
or maintenance of the Products.
CANCELLATION AND DEFAULT
Absolutely no credit will be allowed for any change or cancellation of an order for Products by Buyer after fabrication of the Products to fill Buyer's order has been commenced. If Buyer shall default in paying for any
Products purchased hereunder, Buyer shall be responsible for all reasonable costs and expenses, including (without limitation) attorney's fees incurred by the Seller in collecting any sums owed by Buyer. All rights
and remedies to the Seller hereunder or under applicable laws are cumulative and none of them shall be exclusive of any other right to remedy. No failure by the Seller to enforce any right or remedy hereunder
shall be deemed to be a waiver of such right or remedy, unless a written waiver is signed by an authorized management employee of the Seller and the Seller's waiver of a breach of this agreement by Buyer shall
not be deemed to be a waiver of any other breach of the same or any other provision.
CHANGES IN PRODUCTS
Changes may be made in materials, designs and specifications of the Products without notice. The Seller shall not incur any obligation to furnish or install any such changes or modifications on Products previously
ordered by, or sold to, Buyer.
APPLICABLE LAW, RESOLUTION OF DISPUTES AND SEVERABILITY
This agreement is entered into in Costa Mesa, California. This agreement and performance by the parties hereunder shall be construed in accordance with, and governed by, the laws of the State of California. Any
claim or dispute arising from or based upon this agreement or the Products which form its subject matter shall be resolved by binding arbitration before the American Arbitration Association in Los Angeles,
California, pursuant to the Commercial Arbitration Rules, excepting only that each of the parties shall be entitled to take no more than two depositions, and serve no more than 30 interrogatories, 10 requests for
admissions and 20 individual requests for production of documents, such discovery to be served pursuant to the California Code of Civil Procedure. Any award made by the arbitrator may be entered as a final
judgment, in any court having jurisdiction to do so. If any provision of this agreement shall be held by a court of competent jurisdiction or an arbitrator to be unenforceable to any extent, that provision shall be
enforced to the full extent permitted by law and the remaining provisions shall remain in full force and effect.
ASSIGNMENT
This agreement shall be binding upon the parties and their respective successors and assigns. However, except for rights expressly provided to subsequent Owners of the Products under "Limited Warranty" above,
any assignment of this agreement or any rights hereunder by Buyer shall be void without the Company's written consent first obtained. Any exercise of rights by an Owner other than Buyer shall be subject to all of
the limitations on liability and other related terms and conditions set forth in this agreement.
Customer Service Center
2600 S. Garnsey Street
Santa Ana, CA 92707 USA
Phone: 949 833-3888
Toll Free: 800 331-2277
Fax: 714 549-4007
EXCLUSIVE TERMS AND CONDITIONS
The terms and conditions of this agreement may be changed or modified only by an instrument in writing signed by an authorized management employee of the Seller. This instrument, together with any
amendment or supplement hereto specifically agreed to in writing by an authorized management employee of the Seller, contains the entire and the only agreement between the parties with respect to the sale of
the Products covered hereby and supersedes any alleged related representation, promise or condition not specifically incorporated herein.
SELLER'S PRODUCTS ARE OFFERED FOR SALE AND SOLD ONLY ON THE TERMS AND CONDITIONS CONTAINED HEREIN. NOTWITHSTANDING ANY DIFFERENT OR ADDITIONAL TERMS OR
CONDITIONS CONTAINED IN BUYER'S SEPARATE PURCHASE ORDERS OR OTHER ORAL OR WRITTEN COMMUNICATION, BUYER'S ORDER IS OR SHALL BE ACCEPTED BY THE COMPANY ONLY
ON THE CONDITION THAT BUYER ACCEPTS AND CONSENTS TO THE TERMS AND CONDITIONS CONTAINED HEREIN. IN THE ABSENCE OF BUYER'S ACCEPTANCE OF THE TERMS AND
CONDITIONS CONTAINED HEREIN THE SELLER'S COMMENCEMENT OF PERFORMANCE AND/OR DELIVERY OF THE PRODUCTS, OR THE SELLER'S STATEMENT OF ACKNOWLEDGMENT OF THE
RECEIPT OF BUYER'S PURCHASE ORDER, SHALL BE FOR BUYER'S CONVENIENCE ONLY AND SHALL NOT BE DEEMED OR CONSTRUED TO BE ACCEPTANCE OF BUYER'S DIFFERING TERMS OR
CONDITIONS, OR ANY OF THEM. ANY DIFFERENT OR ADDITIONAL TERMS ARE HEREBY REJECTED UNLESS SPECIFICALLY AGREED UPON IN WRITING BY AN AUTHORIZED MANAGEMENT
EMPLOYEE OF THE SELLER. IF A CONTRACT IS NOT EARLIER FORMED BY MUTUAL AGREEMENT IN WRITING, BUYER'S ACCEPTANCE OF ANY PRODUCTS COVERED HEREBY SHALL BE DEEMED
ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS STATED HEREIN. THE SELLER'S FAILURE TO OBJECT TO PROVISIONS INCONSISTENT HEREWITH CONTAINED IN ANY COMMUNICATION
FROM BUYER SHALL NOT BE DEEMED A WAIVER OF THE PROVISIONS CONTAINED HEREIN.
F360JWCE0107
ITEM NO.
Meeting Date: November 10, 2015
Department: Administration
Submitted By: Don Schwartz, Assistant City Manager
Prepared By: Don Schwartz, Assistant City Manager
Agenda Title: Introduction of Ordinance – Consideration of Amending Rohnert Park
Municipal Code 9.66 (Bingo Games)
RECOMMENDED ACTION: Approve recommended amendments to Title 9, Chapter 9.66 of
the Rohnert Park Municipal Code relating to bingo games.
BACKGROUND: Bingo games have been operated at the Senior Center for many years. These
games have provided non-profit organizations a way to raise funds while also providing a social
opportunity for City residents. Senior citizens have been particularly active in bingo, which has
helped to increase social activity which has been proven to support healthy living and vitality.
Rebuilding Together has been the most recent bingo operator, taking over from the City in 2010.
Rebuilding Together came to the City several months ago to explore the potential for reducing
the rent that they have been paying to use the Senior Center to operate bingo. In exploring this
issue, staff discovered issues with the bingo operations. These include updates to the state laws
for bingo games not reflected in the City’s bingo ordinance. Staff is proposing a amendments to
the City ordinance to ensure consistency between the City’s ordinance and state law. Should the
City Council approve the proposed revised ordinance, staff will develop corresponding
procedures to implement it.
Proposed changes to the ordinance will require bingo games operated in the City to comply with
state law. Specific changes include:
• Expanding the types of organizations eligible to host bingo games
• Requiring that applicants for bingo permits submit additional information that will allow
the City to more easily determine whether they are eligible to host bingo games and
whether those games will be held in compliance with City and State laws
• Streamlining the procedures for suspending and revoking bingo permits
• Clarifying the procedures for renewing and amending bingo permits
• Adding information to the permit that will allow for easier enforcement by the City and
additional clarification as to the extent and limits of the permit for permittees.
• Increasing limits on expenses to be paid from proceeds to reflect the limits in state law.
The current ordinance sets a limit of 10% of proceeds after prizes have been paid, or
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.
$500/month (whichever is less) for rental of property, overhead, and administrative
expenses. State law sets a limit of 20% of net proceeds or $2,000/month (whichever is
less) for these and similar expenses.
• Updating the maximum value of prizes from $250 to $500 to reflect the current limit in
State law
• Allowing the City to charge a fee to cover any public safety costs
• Removing duplicative language limiting the use of bingo proceeds for charitable
purposes
• Defining key terms more clearly
• Restructuring the contents of the ordinance for easier reference
The ordinance would continue to allow bingo games for fundraising at facilities other than the
Senior Center, as well as games conducted for entertainment rather than fundraising purposes.
As a part of a separate, but related effort, staff will also attempt to negotiate a lease to continue
operating bingo at the Senior Center with a local non-profit group as the bingo game operator.
The lease will be consistent with the ordinance and the City’s policies and practices for working
with non-profits organizations. If needed, staff will bring a lease to the Council for consideration.
OPTIONS CONSIDERED: The City could continue with its current ordinance. However,
doing so would impose unnecessary restrictions on bingo permittees and could be confusing
where the City’s ordinance is not totally aligned with State law.
FISCAL IMPACT/FUNDING SOURCE: There is no direct fiscal impact from revising the
ordinance. There may be some impact as a result of a lease agreement with a bingo operator at
the Senior Center, which will be determined as a lease is negotiated.
Department Head Approval Date: N/A
City Manager Approval Date: November 2, 2015
City Attorney Approval Date: October 29, 2015
Attachments (list in packet assembly order):
1. Revised Bingo Ordinance, showing changes
2. Revised Bingo Ordinance, clean copy
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OAK #4843-3280-1320 v5
ORDINANCE
NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING TITLE 9 CHAPTER 9.66 OF THE ROHNERT PARK MUNICIPAL
CODE RELATING TO BINGO GAMES
SECTION 1. AUTHORITY: This Ordinance is adopted pursuant to the provisions set forth in
Section 19, Article IV of the California Constitution and Penal Code 326.5, and pursuant to other
applicable law.
SECTION 2. FINDINGS:
WHEREAS, bingo games provide recreational opportunities for residents of Rohnert
Park and neighboring communities; and
WHEREAS, bingo games are a source of revenue for organizations furthering charitable
purposes in and around Rohnert Park; and
WHEREAS, Section 19, Article IV of the California Constitution and Penal Code 326.5
authorize cities to enact legislation to provide for bingo games for charitable purposes; and
WHEREAS, the Legislature has amended Penal Code 326.5 several times since the City
enacted its bingo ordinance; and
WHEREAS, the City Council desires that the City’s bingo ordinance reflect the full
authority granted by the Legislature;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 3: IMPOSITION OF ORDINANCE: In accordance with the authority provided by
Section 19, Article IV of the California Constitution and Penal Code 326.5, the City Council of
the City of Rohnert Park does hereby ordain that Title 9 Chapter 9.66 of the Rohnert Park
Municipal Code is hereby amended and shall read as follows:
CHAPTER 9.66 BINGO GAMES
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9.66.010 – Definitions
As used in this chapter, the following words and phrases shall have the following meanings:
A. “Bingo” means a game of chance in which prizes are awarded on the basis of designated
numbers or symbols that are marked or covered by the player on a tangible card in the
player’s possession and that conform to numbers or symbols, selected at random and
announced by a live caller.
B. “Charitable Purpose” means purposes beneficial to the community as a whole or an
unascertainable and indefinite portion thereof. Charitable Purposes may include, but are
not limited to relief from poverty, and advancement of education, the arts, science or
religion.
C. “Eligible Organization” means one of the following types of organizations: organizations
exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b,
23701d, 23701e, 23701f, 23701g, 23701k, 23701w, and 23701l of the Revenue and
Taxation Code; mobilehome park associations; senior citizens organizations; charitable
organizations affiliated with a school district; or organizations otherwise deemed eligible
under California Penal Code Section 326.5(a).
D. “Prize” means an award, either in cash or kind, stemming from participation in a Bingo
game.
E. “Proceeds” means income from any source, either in cash or kind, related to the operation
of a Bingo game.
F. Overhead” expenses include bingo equipment, administrative expenses, security
equipment, security personnel, and disposable supplies used in the conduct of bingo
games, including, but not limited, to paper forms.
9.66.020 – Permit Required.
Bingo games may be conducted within the City, provided that the game is conducted by an
Eligible Organization holding a permit issued in accordance with this chapter and, in addition,
provided that any such game is conducted in compliance with the terms and conditions of such
permit and applicable State law including, but not limited to, California Penal Code, Section
326.5.
9.66.010 -– Eligible Organizations eligible for city permit to conduct bingo games.
“O”); and if the receipts of those games are used only for charitable purposes.Labor,
agricultural, or horticultural organizations exempted by Section 23701(a) of the Revenue and
Taxation Code, and fraternal beneficiary societies operating under the lodge system, which
Comment [P1]: Definitions consolidated from
throughout the previous ordinance and updated
according to Penal Code 326.5. New definitions
added for “Charitable Purpose,” “Profit” and
“Prize.”
Comment [P2]: Adapted from Santa Rosa MC 6-
60.010
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OAK #4843-3280-1320 v5
provide for the payment of life, sickness and other benefits, exempted by Section 23701(b) of the
Revenue and Taxation Code, and corporations, community chests, or trusts organized and
operated exclusively for religious, charitable, scientific, testing for public safety, literary, or
educational purposes, or for the prevention of cruelty to children or animals, exempted from the
payment of the bank or corporation tax by Section 23701(d) of the Revenue and Taxation Code,
and nonprofit business leagues, chambers of commerce, real estate boards, or boards of trade
exempted by Section 23701(e) of the Revenue and Taxation Code, and civic leagues operated
exclusively for promotion of social welfare, or local organizations of employees, the earnings of
which are used exclusively for charitable, educational, or recreational purposes, exempted by
Section 23701(f) of the Revenue and Taxation Code, and clubs operated exclusively for pleasure,
recreation, or other nonprofit purposes exempted by Section 23701(g) of the Revenue and
Taxation Code, and fraternal societies operating under the lodge system, which do not provide
for the payment of life, sickness, or other benefits, the earnings of which are used exclusively for
religious, charitable, scientific, literary, educational, and fraternal purposes, exempted by Section
23701(1) of the Revenue and Taxation Code, and mobile home park associations and senior
citizens organizations are eligible to apply to the city for a permit to conduct bingo games in the
city under the provisions of Section 326.5 of the Penal Code and the provisions of this chapter.
9.66.0320 -– Permit Application for permit.
Any Eligible Organization desiring to obtain a permit for the conduct of any Bingo game within
the City shall submit a written application to the Police Department of the City, together with the
appropriate fee as established by resolution of the City Council.
Eligible Oorganizations desiring to obtain a permit to conduct bingo games in the city shall
file an application in writing therefor in the office of the Rohnert Park police chief on a form to
be provided by the city along with the applicable filing fee. The issuing authority shall be the
Rohnert Park police chief. The permit issued shall be for a term of one year from the date of
issuance, subject to annual renewal and payment of a renewal fee of fifty dollars renewal .
9.66.040 – Application feeand Renewal Fee.
The City Council, by resolution, may adopt and revise, from time to time, a schedule of fees for
the processing of permit applications for the conduct of Bingo games.
9.66.0530 -– Exemption from Fee.Organizations exempt from fee.
No application or renewal fee shall be required of any Eligible Oorganization stating in its
application that it will use all Proceeds from the Bingo games solely for Prizes and to cover the
costs of conducting the Bingo games, and not for any other purpose, including Charitable
Purposes.it will conduct bingo games solely for recreational and not for fundraising purposes. As
Comment [P3]: SR MC 6-60.010
Comment [P4]: SR MC 6-60.030. Previously the
City had imposed by ordinance a $50 fee, which is
the maximum allowable fee under PC 326.5.
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OAK #4843-3280-1320 v5
used in this section, "recreational" means proceeds from the bingo games are used solely for
bingo game prizes and to cover incidental expenses of conducting the bingo games.
"Fundraising" means any part of the proceeds of the bingo games is used by the Eligible
oOrganization for purposes other than bingo game prizes and incidental expenses of conducting
the bingo games.
9.66.060 – Administrative Fee for Public Safety Costs.
An administrative fee for public safety costs may be imposed to cover costs incurred by the
City that are directly related to Bingo activities and shall be collected monthly by the City;
however, the fee shall not exceed the actual costs incurred in providing the service.
9.66.0740 -– Permits Issued Only to Qualified Applicants must be qualified.
No permit shall be issued to any organization applicant unless the applicant is an Eeligible
Oorganization under Section 9.66.010 and its application conforms to the requirements, terms
and conditions of Sections 9.66.020 through 9.66.320250.
9.66.050 080 - Contents of application. Contents of Application process.
A. Each application for a permit to conduct Bingo games shall contain the following
informationThe application for a permit shall contain the following:
1. The name of the applicant organization and a statement that applicant is an
eligible organization under Section 9.66.010;
2. The business and mailing address of the applicant;
3. The name and signature of at least two officers, including presiding officer of the
highest ranking officer of the organization’s highest governing body;
1.4.A resolution of the governing body of such organization authorizing the conduct
of any and all Bingo games proposed by the application and the purpose of the
Bingo game;
5. The street number or other clear and specific identification of the location at
which each Bingo games proposed in the application would be conducted and, in
addition, a statement of the maximum capacity of the place in which such Bingo
games would be conducted;
2.6.A description of the applicant’s non-Bingo activities conducted at each
locationThe particular property within the city, including the street number,
owned or leased by the applicant, used by such applicant for an office or for
Comment [P5]: Adapted from Cal Penal Code
326.5(l)(2)
Comment [P6]: Also in Cloverdale MC 5.12.050
Comment [P7]: Additional requirements adapted
from SR MC 6-60.040. #8 is original and will
ensure that the applicant does not intend to hold
remote caller bingo games, which are subject to
additional rules.
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OAK #4843-3280-1320 v5
performance of the purposes for which the applicant is organized, on which
bingo games will be conducted; ;
3.7.The name and signature of the person who will actually conduct each and every
bingo game proposed by the permitThe name and signature and title of the
appropriate city department head if bingo games are to be conducted in city
facilities;
8. A precise description of the Bingo activities to be conducted at each Bingo game;
4.9.Proposed date, days of week, and hours of day for the conduct of each bingo
games;
5.10. The application shall also include fFinancial information relevant to the
application, including but not limited to: (1) the proposed budget of the applicant;
(2) the anticipated charitable use of the funds; (3) the estimated receipts and
expenses for the year together with such other information relevant to the
application as required and approved by the city police chiefcouncil; (4) the
name and address of the custodian of the financial records of the applicant;
6.11. A completed Acknowledgment of Responsibilities and Restrictions form,
provided by the City, enumerating the applicable requirements in That the
applicant agrees to conduct bingo games in strict accordance with the provisions
of Section 326.5 of the Penal Code and this chapter, as they may be amended
from time to time. The applicant shall sign this Acknowledgment of
Responsibilities and Restrictions form agreeing to each provision , and
agreesacknowledging that the permit to conduct bingo games may be revoked by
the chief of policepolice chief upon violation of any of such provisions;
7. The application shall be signed by the applicant under penalty of perjury;
8. An application or license fee of fifty dollars shall be paid by the applicant at the
time of application for permit. If the application for permit is denied, one-half of
the application fee shall be returned to the applicant organization;
12. The applicant shall also submit, as applicable, a Certificate of Determination of
Exemption Under Sections 23701 (a), (b), (d), (e), (f), (g), or (l), of the Revenue
and Taxation Code, or a letter of good standing from the Exemption Division of
the Franchise Tax Board in Sacramento, showing exemption under said sections.
Evidence that the applicant is an Eligible Organization. For organizations
claiming to be exempt from the payment of the bank and corporation tax,
evidence shall include a certificate or determination of exemption under the
Taxation and Revenue Code, or a letter of good standing from the Exemption
Division of the Franchise Tax Board in Sacramento, showing exemption under a
qualifying section of Revenue and Taxation Code Section 23701. If an applicant
applies as a mobile home park association or, senior citizens organization, or
charitable organization affiliated with a school district, the police chief shall
determine whether the organization possesses that statuswhat evidence is
necessary to establish eligibility; Comment [P8]: Cloverdale MC
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9.13. Such other information as the police chief may require to discover the
truth of the matters required to be set forth in the application.
B. The contents of the application shall be affirmed and verified by the applicant under
penalty of perjury.;
B. Upon the change of any of the information required in this section, an amendment to the
application must be sent to the police chief;
C. On or before the last day of each month, each licensee shall report to the department of
public safety, on a form provided, an accounting of all gross receipts, prizes paid, and
expenditures for the prior month.
9.66.090 – Investigation of the Application.
Upon receipt of the completed application and required fee, the Police Department shall refer the
application to affected City departments for verification of the statements in the application,
investigation as to whether the property of the applicant qualifies and is fit for hosting Bingo
games with respect to fire, occupancy, and other applicable restrictions, and for obtaining any
and all recommendations as to whether the permit should be granted. Upon receipt of such
verification and any recommendations and completion of any further investigation deemed
necessary, the police chief shall grant, grant with conditions, or deny the permit in accordance
with the criteria set forth in Penal Code Section 326.5 and this chapter.
9.66.100 – Imposition of Conditions and Limitations on Permits.
The police chief may place upon any permit issued under authority of this chapter such
conditions and limitations upon the activities conducted pursuant to such permit as the police
chief may determine are necessary to protect the health, safety and general welfare of any
persons or property at or in the vicinity of said activity.
9.66.060 110 - Contents Issuance of permitPermit.
A. Upon a showing being satisfied that the applicant is fully qualified, under the law, to
conduct bingo Bingo games in the cityCity and has satisfied the requirements of this
chapter, the police chief shall issue a permit to the applicant which shall contain the
following information:
A.
Comment [P9]: Adapted from SR MC 6-60.050
and Healdsburg MC Application Review Process
Comment [P10]: SR MC 6-60.090
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OAK #4843-3280-1320 v5
1. The name and address of the organization to whom the permit is issued and the
grounds for the eligibility of such organization to conduct Bingo gamesThe name
and nature of the organization to whom the permit is issued;
2. The location or locations at which the Bingo games are authorized to be
conductedThe address where bingo games are authorized to be conducted;
3. The name and address of each person who has been authorized to actually conduct
the Bingo games on behalf of the permit holder;
3.4.The maximum authorized occupancy capacity of each place at which the Bingo
games are authorized to be conducted;
5. The date of the expiration of such permit;
4.6.Such other information, including, but not limited to, the conditions and limitations
upon the conduct of Bingo games, as may be determined pursuant to Section
9.66.100;
B. No permit shall be granted for a period longer than one year.
C. If the permit is denied, the police chief shall state in writing to the applicant the reasons
for the denial.
D. During the term of the permit, the permit holder must maintain its eligibility to hold such
permit.
9.66.120 – Amendment of the Permit.
A. Upon the change of any of the information required in this section, the permit holder
must submit an amendment to the application to the police chief within five days.
B. The police chief may issue an amended permit without charge if the police chief
determines that such change does not affect the eligibility of the permit holder or the
terms of the permit. If the changes affect the eligibility of the permit holder or the terms
of the permit and additional conditions or limitations will remedy the changes, the police
chief issue an amended permit including such conditions and limitations necessary to
remedy the changes.
C. Failure to report such change in information shall constitute cause for revocation of the
permit.
9.66.130— Permit Renewal.
A permit holder may submit an application to renew an existing permit, together with the
fee for such renewal, and an audit opinion or certification as required by Section 9.66.260, to the
Police Department not earlier than 45 days prior to the expiration date of the existing permit. A
renewal application for an existing permit may be submitted on a short form, provided by the
Comment [P11]: SR MC 6-60.060
Comment [P12]: SR MC 6.60-070
Comment [P13]: SR MC 6-60.080
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City, which verifies and affirms the information contained in the previously approved application
and describes any changes that have occurred during the period the permit has been in existence.
A. Such other information as may be necessary or desirable for the enforcement of the
provisions of this chapter.
9.66.070 140 -– Permit to be postedPosted at Bingo Games.
The permit shall be posted in a conspicuous place at the site of the bingo Bingo games during the
operation of the Bingo game.
9.66.080 150 -– Suspension and Revocation of PermitsSummary suspension of permit pending
opportunity for hearing—Misdemeanor to continue after suspension—Revocation.
A. The police chief may suspend a previously issued Bingo permit for any of the following
causes:
1. The permit holder is ineligible to hold the permit;
2. The permit application contains one or more false, misleading or fraudulent
statements;
3. Bingo games authorized by the permit have been conducted in violation of a
condition or requirement of the permit, or this chapter, or Section 326.5 of the
California Penal Code;
4. There has been one or more violations of Federal, State or City law committed at
the location of the Bingo games in conjunction or associated with the operation of
the Bingo games or the Bingo games and the accompanying activities have
become detrimental to the health, safety or welfare of the residents of the
City.Whenever it appears to the police chief that the permit holder is conducting a
bingo game in violation of any of the provisions of this chapter, the police chief
shall have the authority to summarily suspend the permit and order the permit
holder to immediately cease and desist any further operation of any bingo game.
A.B. If the police chief decides to suspend a Bingo permit, A a written order of
summary suspension shall promptly be sent to the permit holder. The written order shall
include a summary of the grounds advanced as the basis for suspension and notify the
permit holder that he or she has ten days from the date of such order to request a hearing
before the police chief to determine whether such permit shall be revoked.
B. Any person who continues to conduct a bingo game after any summary suspension
thereof under subsection A shall be deemed guilty of a misdemeanor and shall be subject
to the penalties applicable in this code.
Comment [P14]: SR MC 6-60.130. We have
also consolidated the RP MC provisions on summary
suspension and revocation of license into this
section.
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C. The written order issued under subsection A shall notify the permit holder that he has ten
days from the date of such order to request a hearing before the police chief to determine
whether such permit shall be revoked. Failure to request, in writing, such hearing within
the ten -day period shall result in a revocation of the licensepermit.
D. Upon such request by the permit holder, whose permit has been suspended under
subsection A, for a hearing to determine whether such permit shall be revoked, the police
chief shall provide a hearing within twenty days after receipt of such request at which
hearing the suspended permit holder may appear before the police chief for the purpose
of presenting evidence why the permit should not be revoked. No permit shall be revoked
under this section unless notice of the time and place of such hearing shall have first been
given at least five days before the hearing thereof by depositing in the United States mail
a notice directed to the suspended permit holder at the address given in the application.
The notice shall set forth a summary of the ground advanced as the basis of the
suspension and revocation.
D. Within ten days of the hearing, the police chief shall issue and send to the permit holder
via United States mail a written decision reinstating the permit, reinstating the permit
with any conditions and/or limitations the police chief determines are necessary to
remedy the change, or revoking the permit.
E. Any organization whose permit is revoked under this section shall not conduct any bingo
games in the county until such time as the city council, on appeal, determines to overrule
the decision of the police chief. Any person who conducts a Bingo game under a
suspended or revoked permit shall be deemed guilty of a misdemeanor and shall be
subject to the penalties applicable in this code.
E.F. Any organization whose permit is revoked may not again apply for a permit to
conduct Bingo games in the City for a period of one year from the date of such
revocation; provided, however, that if the ground for revocation is cancellation of the
exemption granted under the Revenue and Taxation Code, such organization may again
apply for a permit upon proof of reinstatement of said exemption.
9.66.090 - Revocation of license—Alternative procedure.
A. Whenever it appears to the police chief that the permit holder is conducting bingo games in
violation of any of the provisions of this chapter, or that the permit was obtained by
fraudulent representation, and no summary suspension is ordered under Section 9.66.080,
the permit may be revoked; provided, however, that prior to such revocation the permit
holder must be given an opportunity to appear before the police chief at the time fixed by the
police chief for the purpose of presenting evidence why the permit should not be revoked.
Written notice must be given at least five days before such hearing by depositing in the
United States mail, a notice directed to the permit holder at the address given in the
application. The notice shall set forth a summary of the ground advanced as the basis of the
revocation.
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B. Any organization whose permit is revoked under this section shall not conduct any bingo
game in the city until such time as the city council, on appeal, determines to overrule the
decision of the police chief.
9.66.100 160 - Appeal of revocation Revocation of Permits to city City councilCouncil.
A. Any holder of a permit whose permit is revoked under this chapter shall have the right,
within ten days after receiving from the date of the notice in writing of the revocation, to file a
written appeal to the City Clerkcity council. Such appeal shall set forth the specific ground or
grounds on which it is based. The city City council Council shall hold a hearing on the appeal
within thirty forty five days after its receipt by the City councilCouncil, or at a time thereafter
agreed upon and shall cause the appellant to be given at least ten days' written notice of such
hearing. At the hearing, the appellant or its authorized representative shall have the right to
present evidence and a written or oral argument, or both, in support of its appeal. The
determination of the city City council Council on the appeal shall be final.
B. Any organization whose permit is finally revoked may not again apply for a permit to
conduct bingo games in the city for a period of one year from the date of such revocation;
provided, however, that if the ground for revocation is cancellation of the exemption granted
under the Revenue and Taxation Code, such organization may again apply for a permit upon
proof of reinstatement of said exemption.
9.66.110 - Definition of "bingo."
As used in this chapter, "bingo" means a game of chance in which prizes are awarded on the
basis of designated numbers or symbols on a card which conform to numbers or symbols
selected at random.
9.66.120 170 - Maximum amount Amount of prizePrizes at Bingo Games.
The total value of the prize Prize shall not exceed two hundred fiftyfive hundred dollars
($500) in cash or kind, or both, for each separate game which is held.
9.66.180 – Records and Reporting Requirements for Permit holders.
The permit holder shall keep full and accurate record of the income and expenses received and
disbursed in connection with its operation, conduct, promotion, supervision, and any other phase
of bBingo games which are authorized by this chapter. On or before the last day of each month,
Comment [P15]: Updated to reflect increased
amounts in PC 326.5
Comment [P16]: Reorganized from RP MC
9.66.050 and 9.66.130. Also, Cloverdale MC
5.12.170
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each licenseepermit holder shall report to the department of public safetyPolice Department, on a
form provided, an accounting of all gross receiptProceeds, pPrizes paid, and expenditures for the
prior month.
9.66.130 190 -– Separate Account for ProceedsProfits to be kept in separate fund or account.
All profits Proceeds derived from a bingo Bingo game shall be kept in a special fund or
account and shall not be commingled with any other fund or account.
9.66.200 – Use of Proceeds.
With respect to organizations exempted by Section 23701d(d) of the Revenue and Taxation
Code, the profits Proceeds shall only be used for charitable purposeCharitable Purposes. With
respect to other organizations authorized to conduct bingo Bingo games, the proceeds shall
onlymay be used for charitable purposeCharitable sPurposes, except that proceeds may be used
for prizes and Prizes., and In addition, a portion of the Pproceeds, not to exceed ten twenty
percent of the proceeds Proceeds after before deduction for prizesPrizes, or two thousand five
hundred dollars ($2,000) per month whichever is less, may be used for rental of property,
overhead, and administrative expenses. The permit holder shall keep full and accurate record of
the income and expenses received and disbursed in connection with its operation, conduct,
promotion, supervision, and any other phase of bingo games which are authorized by this
chapter. The city, by and through its officers, shall have the right to examine and audit such
records at any reasonable time and the permit holder shall fully cooperate with the city by
making such records available.
9.66.140 210 -– Limitations on Financial interest Interestsin permit holder only.
No individual, corporation, partnership, or other legal entity except the permit holder shall
hold a financial interest in the conduct of such bingo Bingo game.
9.66.150 220 - Exclusive operation Operation of Bingo Games by permit Permit holderHolder.
A bingo Bingo game shall be operated and staffed only by members of the permit holder
organization. Such members shall not receive a profit, wage, or salary from any bingo Bingo
games or any other compensation, in cash or kind. Only the permit holder shall operate such
game, or participate in the promotion, supervision or any other phase of such game.
Comment [P17]: Also, Cloverdale MC 5.12.170
Comment [P18]: Reorganized from RP MC
9.66.130
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9.66.160 230 - Bingo games Games Must Be open Open to publicPublic.
All bingo Bingo games shall be open to the public, not just to the members of the permit
holder organization. The permit holder shall not reserve seats or space for any person.
9.66.170 240 -– Attendance limited Limitations on Participationto occupancy capacity. in Bingo
Games.
Notwithstanding that bingo Bingo games are open to the public, attendance at any bBingo
game shall be limited to
A. to tThe occupancy capacity of the room in which such game is conducted as determined
by the appropriate fire department and the building department of the city in accordance
with applicable laws and regulations.
B. Persons who are eighteen years of age or older.
C. Persons who are not obviously intoxicated.
A.D. No person shall be allowed to participate in a bingo game unless the person is
Persons physically present at the time and place in which the bingo game is being
conducted.The permit holder shall not reserve seats or space for any person.
9.66.180 250 -– Limitation on Venues for Bingo Games.Bingo games conducted only on permit
holder's property.
A. A permit holder shall conduct a bBingo game only on property owned or leased by it, and
which property is used by such organization for an office or for performance of the
purposes for which the organization is organized. The property owned or leased by the
organization need not be used exclusively by the organization.
A.B. The permit issued under this chapter shall authorize the holder thereof to conduct
bingo games only on such property, the address of which is stated in the application, or
an amendment to the application. In the event the describedWhere a property permitted to
host a Bingo game ceases to be used as an office or as a place for performance of the
purposes for which the permit holder is organizedcomply with Subsection A, the permit
shall have no further force or effect with respect to Bingo games permitted at that
location. The permit holder may apply for a permit amendment to move the Bingo games
to a property compliant with this Section pursuant to Section 9.66.120.A new permit may
be obtained by an eligible organization upon application under this chapter when it again
owns or leases property used by it for an office or for performance of the purposes for
which the organization is organized.
Comment [P19]: Limitations on participations
consolidated here.
Comment [P20]: Cloverdale MC 5.12.210
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9.66.190 - Minors not to participate.
No person under the age of eighteen years of age shall be allowed to participate in a bingo
game.
9.66.200 - Intoxicated persons not to participate.
No person who is obviously intoxicated shall be allowed to participate in a bingo game.
9.66.2610 -– Limitations on Hours of Operation for Bingo Gamesoperation.
No Bingo game may be conducted for a duration greater than six hours during any 24 hour
period and no Bingo game may be conducted between two a.m. and 10 a.m. of any day.No
permit holder shall conduct any bingo game more than six hours out of any twenty-four-hour
period. No bingo game shall be conducted before ten a.m. nor after two a.m. of any day.
9.66.220 - Participant must be present.
No person shall be allowed to participate in a bingo game unless the person is physically
present at the time and place in which the bingo game is being conducted.
9.66.2730 - Violation of chapterChapter a —Misdemeanor.
A violation of any provision of this chapter is a misdemeanor.
9.66.2840 -– Unauthorized Receipt of Proceeds a Misdemeanorprofit by a person a misdemeanor
under state law.
It is a misdemeanor under Section 326.5(b) of the Penal Code of the state, for any person to
receive or pay a profit, wage or salary or other compensation, in cash or kind, from any bBingo
game, authorized by this chapter. Receipt of such wage, salary, or compensation shall be
punishable by a fine not to exceed ten thousand dollars ($10,000), which fine shall be deposited
in the general fund of the cityCity.
Comment [P21]: Also in Healdsburg MC
Section 22
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9.66.250 290 - City May Enjoin Violations of this Chaptermay enjoin violation.
The city City may bring an action in a court of competent jurisdiction to enjoin a violation of
Section 326.5 of the Penal Code or of this chapter.
9.66.26300 - Bingo Compliance AuditsRequirement for annual bingo compliance audits.
A. The city, by and through its officers, shall have the right to examine and audit such
records at any reasonable time and the permit holder shall fully cooperate with the city by
making such records available. The following policies and practices are hereby
established by the city of Rohnert Park regarding the conducting of future bingo audits,
and the supervision of bingo operations in the city:. Bingo operatorsPermit holders with
gross receipts (as defined in Section F.) in excess of three hundred thousand dollars
($300,0000) per year shall provide as a condition for re-licensing, an audit opinion from a
Certified Public Accountant which affirms the licensee permit holder’s compliance to
with city City and state State bBingo laws, expenditure of bingo funds only for charitable
purposes, and that accounting books, procedures and internal controls are adequate to
track and safeguard all bingo pProceeds and assets. Audits of bBingo operations games
shall be conducted at no public expense, with costs being borne by the bingo game
operatorspermit holders. The frequency of such audit reports (annual or biannual) shall be
determined by the city manager based upon prior audit history.
1. The city manager may authorize a permit holder to submit biennial audit
opinions instead of annual audits. If a biannual biennial audit is authorized by
the city manager, the bBingo licensee permit holder will allow City staff full
access to all original accounting records to conduct an annual compliance
review during non-audit years. Material findings of exceptions or system
weaknesses during this review will result in a requirement that the annual
audit be conducted and an audit opinion be issued by a certified Certified
public Public accountant Accountant after adequate testing to verify
compliance and internal controls for the year in question.
2. Before commencement of the audits, the auditor selected by each operator
permit holder shall confer with the city auditor or designated city City
representative to ascertain the required scope and depth of the audits to be
conducted. Generally speaking, bBingo audits will not require an opinion on
the financial statements of the operatorspermit holders. The purpose of the
audits will be to ascertain as quickly and economically as possible whether
each bingo operator is operating within the requirements of the Rohnert Park
Municipal Code 9.66 and has adequate accounting and internal controls in
place to safeguard bingo proceeds.
2.3. At least one game observation shall be made by their auditor, and sufficient
audit testing shall be conducted as is deemed necessary by the auditor and by
the city City to meet its monitoring and enforcement responsibilities.
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3.4.C. The scope of the audits will be designed to determine whether (1) games
are being operated in accordance with state and city laws; (2) bingo funds
collected are expended only for charitable purposes; and (3) a sufficient
accounting system and adequate internal controls for cash, inventory, and
expenditures are in place to minimize the potential for fraud or theft, to
safeguard bingo assets, and to insure that bingo proceeds are expended only
for charitable purposes. For the fiscal year, the audit shall verify the amount of
gross bingo receiptsProceeds collected, the allocation or use of the bingo
funds raisedProceeds, and the adequacy of the accounting and control system
to monitor and account for cash receipts, start-up cash, inventory and
expenditures.
B. D. For bingo operatorspermit holders with gross receipts of less than three hundred
thousand dollars ($300,0000) per year, a certification from their bookkeeper, accountant
or treasurer shall be presented to the city City as a condition for annual relicensing, in
addition to financial documents required to be submitted with their annual license permit
renewal application, stating that the bingo operatorpermit holder is in compliance with all
city City and state State laws and has spent all bingo receipts only for charitable
purposes. The certification should include a detailed description of the bingo
operatorpermit holder's current accounting system and internal controls for cash, start-up
cash, inventory and expenditures. A schedule summarizing the specific charitable
expenditures of all bBingo proceeds Proceeds should be attached to the certification to
provide detail verification of charitable expenditures shown in the financial statement.
The certification should be approved and signed by the appropriate officers and board of
directors as true and correct. The city City shall conduct a game observation and a brief
review of accounting records to verify legal compliance and adequacy of internal control
procedures.
E. F. The term "gross receipts" as defined by the Rohnert Park Municipal Code
means all sales receipts from bingo or bingo-related operations prior to deduction for
any prizes paid and/or expenses. Pursuant to state statute and a court decision, pull-
tab cards are bingo operations, and sales must be reported at gross when reporting
gross receipts.
9.66.310 – City’s Authority to Inspect Games and Audit Records.
A. City public safety and auditing staff may enter, whenever the city City deems necessary,
any bBingo game being operated within the city City to observe and monitor game
operations as well as cash and inventory control procedures.
B. H. The city City retains the right, upon reasonable notice, to examine and audit the
accounting records, bank statements and original accounting source documents of any
bBingo licensee permit holder to determine compliance to Rohnert Park Municipal Code
9.66with this chapter. The permit holder shall fully cooperate with the City by making
such records available upon request. Failure to comply with a request for an audit is
grounds for revocation of the permit.
Comment [P22]: Separated out from RP MC
9.66.260. Also in Cloverdale MC 5.12.170
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SECTION 42. Environmental Review. The City Council finds that this ordinance is not subject
to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, as the activity will not
result in a direct or reasonably forseeableforeseeable indirect physical change in the environment
and Section 15060(c)(3) of the CEQA Guidelines as it is not a project as defined by CEQA per
Section 15378.
SECTION 53. Severability. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision will not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have passed this ordinance and each
and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional
without regard to whether any portion of the ordinance would be subsequently declared invalid
or unconstitutional.
SECTION 64. Effective Date. This ordinance shall go into effect thirty (30) days after its
adoption.
SECTION 75. Publication. The City Clerk is directed to cause this ordinance to be published in
the manner required by law.
This ordinance was introduced by the City Council of the City of Rohnert Park at the regular
meeting held this XX day of XXXXXXX 2015 by a vote of the City Council as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ROHNERT PARK
________________________________
Amy Ahanotu, Mayor
ATTEST:
Comment [P23]: Also in Healdsburg Ordinance
Section 23
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________________________________
JoAnne M. Buergler
City Clerk
APPROVED AS TO FORM:
________________________________
Michelle Marchetta Kenyon
City Attorney
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ORDINANCE NO. 892
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING TITLE 9 CHAPTER 9.66 OF THE ROHNERT PARK MUNICIPAL
CODE RELATING TO BINGO GAMES
SECTION 1. AUTHORITY: This Ordinance is adopted pursuant to the provisions set forth in
Section 19, Article IV of the California Constitution and Penal Code 326.5, and pursuant to other
applicable law.
SECTION 2. FINDINGS:
WHEREAS, bingo games provide recreational opportunities for residents of Rohnert
Park and neighboring communities; and
WHEREAS, bingo games are a source of proceeds for organizations furthering
charitable purposes in and around Rohnert Park; and
WHEREAS, Section 19, Article IV of the California Constitution and Penal Code 326.5
authorize cities to enact legislation to provide for bingo games for charitable purposes; and
WHEREAS, the Legislature has amended Penal Code 326.5 several times since the City
enacted its bingo ordinance; and
WHEREAS, the City Council desires that the City’s bingo ordinance reflect the full
authority granted by the Legislature.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 3: IMPOSITION OF ORDINANCE: In accordance with the authority provided by
Section 19, Article IV of the California Constitution and Penal Code 326.5, the City Council of
the City of Rohnert Park does hereby ordain that Title 9 Chapter 9.66 of the Rohnert Park
Municipal Code is hereby amended and shall read as follows:
CHAPTER 9.66 BINGO GAMES
9.66.010 – Definitions
As used in this chapter, the following words and phrases shall have the following meanings:
A. “Bingo” means a game of chance in which prizes are awarded on the basis of designated
numbers or symbols that are marked or covered by the player on a tangible card in the
player’s possession and that conform to numbers or symbols, selected at random and
announced by a live caller.
B. “Charitable Purpose” means purposes beneficial to the community as a whole or an
unascertainable and indefinite portion thereof. Charitable Purposes may include, but are
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not limited to relief from poverty, and advancement of education, the arts, science or
religion.
C. “Eligible Organization” means one of the following types of organizations: organizations
exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b,
23701d, 23701e, 23701f, 23701g, 23701k, 23701w, and 23701l of the Proceeds and
Taxation Code; mobile home park associations; senior citizens organizations; charitable
organizations affiliated with a school district; or organizations otherwise deemed eligible
under California Penal Code Section 326.5(a).
D. “Prize” means an award, either in cash or kind, stemming from participation in a Bingo
game.
E. “Proceeds” means proceeds directly related to the operation of a Bingo game.
F. “Overhead” expenses include bingo equipment, administrative expenses, security
equipment, security personnel, and disposable supplies used in the conduct of bingo
games, such as but not limited to paper forms.
9.66.020 – Permit Required.
Bingo games may be conducted within the City, provided that the game is conducted by an
Eligible Organization holding a permit issued in accordance with this chapter and, in addition,
provided that any such game is conducted in compliance with the terms and conditions of such
permit and applicable State law, including, but not limited to, California Penal Code, Section
326.5.
9.66.030 – Permit Application.
Any Eligible Organization desiring to obtain a permit for the conduct of any Bingo game within
the City shall submit a written application to the Public Safety Department of the City, together
with the appropriate fee as established by resolution of the City Council.
9.66.040 – Application and Renewal Fee.
The City Council, by resolution, may adopt and revise, from time to time, a schedule of fees for
the processing of permit applications for the conduct of Bingo games.
9.66.050 – Exemption from Fee.
No application or renewal fee shall be required of any Eligible Organization stating in its
application that it will use all Profits from the Bingo games solely for Prizes and to cover the
costs of conducting the Bingo games, and not for any other purpose, including Charitable
Purposes.
9.66.060 – Administrative Fee for Public Safety Costs.
An administrative fee for public safety costs may be imposed to cover costs incurred by the City
that are directly related to Bingo activities and shall be collected monthly by the City; however,
the fee shall not exceed the actual costs incurred in providing the service.
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9.66.070 – Permits Issued Only to Qualified Applicants.
No permit shall be issued to any applicant unless the applicant is an Eligible Organization and its
application conforms to the requirements, terms and conditions of Sections 9.66.020 through
9.66.320.
9.66.080 - Contents of Application.
A. Each application for a permit to conduct Bingo games shall contain the following
information:
1. The name of the applicant;
2. The business and mailing address of the applicant;
3. The name and signature of at least two officers, including the highest ranking
officer of the organization’s highest governing body;
4. A resolution of the governing body of such organization authorizing the conduct
of any and all Bingo games proposed by the application and the purpose of the
Bingo game;
5. The street number or other clear and specific identification of the location at
which each Bingo games proposed in the application would be conducted and, in
addition, a statement of the maximum capacity of the place in which such Bingo
games would be conducted;
6. A description of the applicant’s non-Bingo activities conducted at each location;
7. The name and signature of the person who will actually conduct each and every
bingo game proposed by the permit;
8. A precise description of the Bingo activities to be conducted at each Bingo game;
9. Proposed date, day of week, and hours of day for the conduct of each bingo
game;
10. Financial information relevant to the application, including but not limited to: (1)
the proposed budget of the applicant; (2) the anticipated charitable use of the
funds; (3) the estimated receipts and expenses for the year together with such
other information relevant to the application as required and approved by the
Public Safety chief; (4) the name and address of the custodian of the financial
records of the applicant;
11. A completed Acknowledgment of Responsibilities and Restrictions form,
provided by the City, enumerating the applicable requirements in Section 326.5
of the Penal Code and this chapter, as they may be amended from time to time.
The applicant shall sign this Acknowledgment of Responsibilities and
Restrictions form agreeing to each provision and acknowledging the permit may
be revoked by the Public Safety chief upon violation of any of such provisions;
12. Evidence that the applicant is an Eligible Organization. For organizations
claiming to be exempt from the payment of the bank and corporation tax,
evidence shall include a certificate or determination of exemption under the
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Taxation and Proceeds Code, or a letter of good standing from the Exemption
Division of the Franchise Tax Board in Sacramento, showing exemption under a
qualifying section of Proceeds and Taxation Code Section 23701. If an applicant
applies as a mobile home park association, senior citizens organization, or
charitable organization affiliated with a school district, the Public Safety chief
shall determine what evidence is necessary to establish eligibility;
13. Such other information as the Public Safety chief may require to discover the
truth of the matters required to be set forth in the application.
B. The contents of the application shall be affirmed and verified by the applicant under
penalty of perjury.
9.66.090 – Investigation of the Application.
Upon receipt of the completed application and required fee, the Public Safety Department shall
refer the application to affected City departments for verification of the statements in the
application, investigation as to whether the property of the applicant qualifies and is fit for
hosting Bingo games with respect to fire, occupancy, and other applicable restrictions, and for
obtaining any and all recommendations as to whether the permit should be granted. Upon receipt
of such verification and any recommendations and completion of any further investigation
deemed necessary, the Public Safety chief shall grant, grant with conditions, or deny the permit
in accordance with the criteria set forth in Penal Code Section 326.5 and this chapter.
9.66.100 – Imposition of Conditions and Limitations on Permits.
The Public Safety chief may place upon any permit issued under authority of this chapter such
conditions and limitations upon the activities conducted pursuant to such permit as the Public
Safety chief may determine are necessary to protect the health, safety and general welfare of any
persons or property at or in the vicinity of said activity.
9.66.110 - Issuance of Permit.
A. Upon a showing that the applicant is fully qualified under the law to conduct Bingo
games in the City and has satisfied the requirements of this chapter, the Public Safety
chief shall issue a permit to the applicant which shall contain the following information:
1. The name and address of the organization to whom the permit is issued and the
grounds for the eligibility of such organization to conduct Bingo games;
2. The location or locations at which the Bingo games are authorized to be conducted;
3. The name and address of each person who has been authorized to actually conduct
the Bingo games on behalf of the permit holder;
4. The maximum authorized occupancy capacity of each place at which the Bingo
games are authorized to be conducted;
5. The date of the expiration of such permit;
6. Such other information, including, but not limited to, the conditions and limitations
upon the conduct of Bingo games, as may be determined pursuant to Section
9.66.100.
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B. No permit shall be granted for a period longer than one year.
C. If the permit is denied, the Public Safety chief shall state in writing to the applicant the
reasons for the denial.
D. During the term of the permit, the permit holder must maintain its eligibility to hold such
permit.
9.66.120 – Amendment of the Permit.
A. Upon the change of any of the information required in this section, the permit holder
must submit an amendment to the application to the Public Safety chief within five days.
B. The Public Safety chief may issue an amended permit without charge if the Public Safety
chief determines that such change does not affect the eligibility of the permit holder or
the terms of the permit. If the changes affect the eligibility of the permit holder or the
terms of the permit and additional conditions or limitations will remedy the changes, the
Public Safety chief issue an amended permit including such conditions and limitations
necessary to remedy the changes.
C. Failure to report such change in information shall constitute cause for revocation of the
permit.
9.66.130— Permit Renewal.
A permit holder may submit an application to renew an existing permit, together with the fee for
such renewal, and an audit opinion or certification as required by Section 9.66.260, to the Public
Safety Department not earlier than 45 days prior to the expiration date of the existing permit. A
renewal application for an existing permit may be submitted on a short form, provided by the
City, which verifies and affirms the information contained in the previously approved application
and describes any changes that have occurred during the period the permit has been in existence.
9.66.140 – Permit to be Posted at Bingo Games.
The permit shall be posted in a conspicuous place at the site of the Bingo games during the
operation of the Bingo game.
9.66.150 – Suspension and Revocation of Permits.
A. The Public Safety chief may suspend a previously issued Bingo permit for any of the
following causes:
1. The permit holder is ineligible to hold the permit;
2. The permit application contains one or more false, misleading or fraudulent
statements;
3. Bingo games authorized by the permit have been conducted in violation of a
condition or requirement of the permit, or this chapter, or Section 326.5 of the
California Penal Code;
4. There has been one or more violations of Federal, State or City law committed at
the location of the Bingo games in conjunction or associated with the operation of
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the Bingo games or the Bingo games and the accompanying activities have
become detrimental to the health, safety or welfare of the residents of the City.
B. If the Public Safety chief decides to suspend a Bingo permit, a written order of
suspension shall promptly be sent to the permit holder. The written order shall include a
summary of the grounds advanced as the basis for suspension and notify the permit
holder that he or she has ten days from the date of such order to request a hearing before
the Public Safety chief to determine whether such permit shall be revoked.
C. Failure to request, in writing, such hearing within the ten day period shall result in a
revocation of the permit.
D. Upon request by the permit holder, whose permit has been suspended under subsection
A, for a hearing to determine whether such permit shall be revoked, the Public Safety
chief shall provide a hearing within twenty days after receipt of such request at which
hearing the suspended permit holder may appear before the Public Safety chief for the
purpose of presenting evidence why the permit should not be revoked. No permit shall be
revoked under this section unless notice of the time and place of such hearing shall have
first been given at least five days before the hearing thereof by depositing in the United
States mail a notice directed to the suspended permit holder at the address given in the
application. Within ten days of the hearing, the Public Safety chief shall issue and send to
the permit holder via United States mail a written decision reinstating the permit,
reinstating the permit with any conditions and/or limitations the Public Safety chief
determines are necessary to remedy the change, or revoking the permit.
E. Any person who conducts a Bingo game under a suspended or revoked permit shall be
deemed guilty of a misdemeanor and shall be subject to the penalties applicable in this
code.
F. Any organization whose permit is revoked may not again apply for a permit to conduct
Bingo games in the City for a period of one year from the date of such revocation;
provided, however, that if the ground for revocation is cancellation of the exemption
granted under the Proceeds and Taxation Code, such organization may again apply for a
permit upon proof of reinstatement of said exemption.
9.66.160 - Appeal of Revocation of Permits to City Council.
Any holder of a permit whose permit is revoked under this chapter shall have the right, within
ten days from the date of the notice of the revocation, to file a written appeal to the City Clerk.
Such appeal shall set forth the specific ground or grounds on which it is based. The City Council
shall hold a hearing on the appeal within forty five days after its receipt by the City Council, or at
a time thereafter agreed upon and shall cause the appellant to be given at least ten days written
notice of such hearing. At the hearing, the appellant or its authorized representative shall have
the right to present evidence and a written or oral argument, or both, in support of its appeal. The
determination of the City Council on the appeal shall be final. Proceeds
9.66.170 - Maximum Amount of Prizes at Bingo Games.
The total value of the Prize shall not exceed five hundred dollars ($500) in cash or kind, or both,
for each separate game which is held.
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9.66.180 – Records and Reporting Requirements for Permit holders.
The permit holder shall keep full and accurate record of the income and expenses received and
disbursed in connection with its operation, conduct, promotion, supervision, and any other phase
of Bingo games which are authorized by this chapter. On or before the last day of each month,
each permit holder shall report to the Public Safety Department, on a form provided, an
accounting of all proceeds, Prizes paid, and expenditures for the prior month.
9.66.190 –Separate Account for proceeds.
All proceeds derived from a Bingo game shall be kept in a special fund or account and shall not
be commingled with any other fund or account.
9.66.200 – Use of proceeds.
With respect to organizations exempted by Section 23701d of the Proceeds and Taxation Code,
the proceeds shall only be used for Charitable Purposes. With respect to other organizations
authorized to conduct Bingo games, the proceeds may be used for Charitable Purposes, and
Prizes. In addition, a portion of the proceeds, not to exceed twenty percent before deduction for
Prizes, or two thousand dollars ($2,000) per month whichever is less, may be used for rental of
property, overhead, and administrative expenses.
9.66.210 – Limitations on Financial Interests.
No individual, corporation, partnership, or other legal entity except the permit holder shall hold a
financial interest in the conduct of such Bingo game.
9.66.220 - Exclusive Operation of Bingo Games by Permit Holder.
A Bingo game shall be operated and staffed only by members of the permit holder organization.
Such members shall not receive a wage or salary from any Bingo games or any other
compensation, in cash or kind. Only the permit holder shall operate such game, or participate in
the promotion, supervision or any other phase of such game.
9.66.230 - Bingo Games Must Be Open to Public.
All Bingo games shall be open to the public, not just to the members of the permit holder
organization. The permit holder shall not reserve seats or space for any person.
9.66.240 – Limitations on Participation in Bingo Games.
Notwithstanding that Bingo games are open to the public, attendance at any Bingo game shall be
limited to
A. The occupancy capacity of the room in which such game is conducted as determined by
the appropriate fire department and the building department of the city in accordance
with applicable laws and regulations.
B. Persons who are eighteen years of age or older.
C. Persons who are not obviously intoxicated.
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D. Persons physically present at the time and place in which the bingo game is being
conducted.
9.66.250 – Limitation on Venues for Bingo Games.
A. A permit holder shall conduct a Bingo game only on property owned or leased by it, and
which property is used by such organization for an office or for performance of the
purposes for which the organization is organized. The property owned or leased by the
organization need not be used exclusively by the organization.
B. Where a property permitted to host a Bingo game ceases to comply with Subsection A,
the permit shall have no further force or effect with respect to Bingo games permitted at
that location. The permit holder may apply for a permit amendment to move the Bingo
games to a property compliant with this Section pursuant to Section 9.66.120.
9.66.260 – Limitations on Hours of Operation for Bingo Games.
No Bingo game may be conducted for a duration greater than six hours during any 24 hour
period and no Bingo game may be conducted between two a.m. and 10 a.m. of any day.
9.66.270 - Violation of Chapter a Misdemeanor.
A violation of any provision of this chapter is a misdemeanor.
9.66.280 – Unauthorized Receipt of Profit a Misdemeanor.
It is a misdemeanor for any person to receive or pay a wage or salary or other compensation, in
cash or kind, from any Bingo game authorized by this chapter. Receipt of such wage, salary, or
compensation shall be punishable by a fine not to exceed ten thousand dollars ($10,000), which
fine shall be deposited in the general fund of the City.
9.66.290 - City May Enjoin Violations of this Chapter.
The City may bring an action in a court of competent jurisdiction to enjoin a violation of Section
326.5 of the Penal Code or of this chapter.
9.66.300 - Bingo Compliance Audits.
A. Permit holders with gross receipts in excess of three hundred thousand dollars
($300,0000) per year shall provide as a condition for re-licensing, an audit opinion from a
Certified Public Accountant which affirms the permit holder’s compliance with City and
State Bingo laws, and that accounting books, procedures and internal controls are
adequate to track and safeguard all Profits and assets. Audits of Bingo games shall be
conducted at no public expense, with costs being borne by the permit holders.
1. The city manager may authorize a permit holder to submit biennial audit
opinions instead of annual audits. If a biennial audit is authorized by the city
manager, the Bingo permit holder will allow City staff full access to all
original accounting records to conduct an annual compliance review during
non-audit years. Material findings of exceptions or system weaknesses during
this review will result in a requirement that the annual audit be conducted and
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an audit opinion be issued by a Certified Public Accountant after adequate
testing to verify compliance and internal controls for the year in question.
2. Before commencement of the audits, the auditor selected by each permit
holder shall confer with the city auditor or designated City representative to
ascertain the required scope and depth of the audits to be conducted.
Generally speaking, Bingo audits will not require an opinion on the financial
statements of the permit holders.
3. At least one game observation shall be made by the auditor, and sufficient
audit testing shall be conducted as is deemed necessary by the auditor and by
the City to meet its monitoring and enforcement responsibilities.
4. The audit shall verify the amount of Profits collected, the allocation or use of
the Profits, and the adequacy of the accounting and control system to monitor
and account for cash receipts, start-up cash, inventory and expenditures.
B. For permit holders with gross receipts of less than three hundred thousand dollars
($300,000) per year, a certification from their bookkeeper, accountant or treasurer shall
be presented to the City as a condition for annual relicensing, in addition to financial
documents required to be submitted with their annual permit renewal application, stating
that the permit holder is in compliance with all City and State laws. The certification
should include a detailed description of the permit holder's current accounting system and
internal controls for cash, start-up cash, inventory and expenditures. A schedule
summarizing the specific charitable expenditures of all Bingo Profits should be attached
to the certification to provide detail verification of charitable expenditures shown in the
financial statement. The certification should be approved and signed by the appropriate
officers and board of directors as true and correct. The City shall conduct a game
observation and a brief review of accounting records to verify legal compliance and
adequacy of internal control procedures.
9.66.310 – City’s Authority to Inspect Games and Audit Records.
A. City public safety and auditing staff may enter, whenever the City deems necessary, any
Bingo game being operated within the City to observe and monitor game operations as
well as cash and inventory control procedures.
B. The City retains the right, upon reasonable notice, to examine and audit the accounting
records, bank statements and original accounting source documents of any Bingo permit
holder to determine compliance with this chapter. The permit holder shall fully cooperate
with the City by making such records available upon request. Failure to comply with a
request for an audit is grounds for revocation of the permit.
SECTION 4. Environmental Review. The City Council finds that this ordinance is not subject
to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, as the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment and
Section 15060(c)(3) of the CEQA Guidelines as it is not a project as defined by CEQA per
Section 15378.
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SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision will not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have passed this ordinance and each
and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional
without regard to whether any portion of the ordinance would be subsequently declared invalid
or unconstitutional.
SECTION 6. Effective Date. This ordinance shall go into effect thirty (30) days after its
adoption.
SECTION 7. Publication. The City Clerk is directed to cause this ordinance to be published in
the manner required by law.
This ordinance was introduced by the City Council of the City of Rohnert Park at the regular
meeting held on November 10, 2015, and adopted on November 24, 2015, by the following roll
vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ROHNERT PARK
________________________________
Amy Ahanotu, Mayor
ATTEST:
________________________________
JoAnne M. Buergler
City Clerk
APPROVED AS TO FORM:
________________________________
Michelle Marchetta-Kenyon
City Attorney
Pension Rate Stabilization Program (PRSP)
November 10, 2015
City of Rohnert Park
PARS Service Providers
Role
Trust Administrator
and Consultant
• Recordkeeping/Sub-trust
accounting
• Actuarial Coordination
•Monitor Contributions/ Process
Disbursements
• Monitor Plan Compliance
• Ongoing Client Liaison
Trustee
• Safeguard plan assets
• Oversight protection
• Plan Fiduciary
• Custodian of assets
Investment Manager
• An investment sub-advisor to
U.S. Bank
• Open architecture
• Investment policy assistance
Corporate
Experience
31 years
(1984 – 2015)
152 years
(1863 – 2015)
96 years
(1919 – 2015)
Number of
plans under
administration
1,400+ plans for 700+ public agencies
Dollars under
administration More than $1.8 billion More than
$4 trillion
More than
$15.3 billion
under management
2
Pre -Funding Pension/Background
•Previously, only way to reduce CalPERS unfunded pension liability was to send excess
contributions in excess of annual required contribution
•In response to the lack of options, PARS developed a Section 115 Trust program to enable
public agencies to pre-fund retirement obligations through a locally controlled trust
•Program received a favorable IRS Private Letter Ruling (PLR) in June 2015
•As of June 30, 2013, City of Rohnert Park’s CalPERS Misc and Safety pension plans
are as follows:
- Actuarial Liability - $158.5M
- Assets – $110.1M
- Unfunded Liability – $48.4M
- Funded Ratio – 69.5%
- Total Annual Employer Contribution Amount – $5.3M
3
Advantages of Using a
Separate Trust Fund
•Complete Local Control over Assets - Account can be accessed at
anytime as long as it is used to pay the employer’s pension obligation
•Pension rate stabilization - Assets can be transferred to CalPERS plan at
the City’s direction, which will reduce or eliminate large fluctuations in
Employer contributions to CalPERS
•Rainy Day Fund - Emergency source of funds when Employer revenues
are impaired based on economic or other conditions
•Lower Costs – 115 Trust can have lower overall administrative and
investment management costs compared to the CalPERS pension
program
4
Advantages of Using a
Separate Trust Fund (continued)
•Lower Net Pension Liability (NPL) - Contributions placed in an
exclusive benefit trust reduces City’s unfunded pension liability
under GASB 68
•Improved Credit Ratings – Rating agencies may look favorably
upon actions to reduce liabilities
•Actuarially Sound Retirement System - Provide integrity and
security for the source of funding for retirement benefits
•Potential for Greater Earnings than the General Fund
5
•Agencies that are very concerned about reducing their CalPERS
unfunded liability
•Agencies that are concerned about CalPERS having too much of
their assets (i.e., putting all your eggs in one basket) without any
input on risk tolerance level
•Agencies that are concerned about CalPERS contribution volatility
•Agencies that want to have the capability of pre-funding their OPEB
and Pension Liabilities within the same Trust Program at the City’s
discretion
What type of agencies are adopting the
Pension Rate Stabilization Program?
6
DISCUSSION PHASE
- Target Discount Rate
- Risk Tolerance
- Investment Philosophy
- Asset Allocation
DEDICATED
PORTFOLIO MANAGER
- Makes Recommendation
- Fiduciary Responsibility
- Drafts Investment Policy
- Annual On-site Reviews
- Cell phone access
Simple Investment Approach
MODEL PORTFOLIOS
Conservative – 5%-20% Equity
Mod-Conservative – 20%-40% Equity
Moderate – 40%-60% Equity
Balanced – 50%-70% Equity
Cap. Appreciation – 65%-85% Equity
Pension Rate Stabilization Program
7
MITCH BARKER, Executive Vice President
mbarker@pars.org Ext. 116
DENNIS YU, CEBS, Senior Vice President
dyu@pars.org Ext. 104
KEVIN O’ROURKE, Senior Consultant
korourke@pars.org Ext. 127
4350 Von Karman Ave., Suite 100
Newport Beach, CA 92660
Phone: 800.540.6369
Fax: 800.660.8057
QUESTIONS
8
ITEM NO. ____
1
Meeting Date: November 10, 2015
Department: Administration
Submitted By: Darrin Jenkins, City Manager
Prepared By: Darrin Jenkins, City Manager
Agenda Title: Authorizing and Approving the Adoption of the Public Agencies Post-
Employment Benefits Trust Program Administered by Public Agency Retirement
Services (PARS)
RECOMMENDED ACTION:
That the City Council 1) adopt a Resolution establishing an IRS Section 115 Trust with the PARS
Post-Employment Benefits Trust Program to be used to pre-fund pension obligations to be
administered by Public Agency Retirement Services (PARS) and U.S. Bank; 2) appoint the City
Manager as the City's Plan Administrator; and 3) authorize the City Manager to execute the
documents and take other actions necessary to implement the Program.
BACKGROUND:
Compensation packages for City of Rohnert Park (City) employees include California Public
Employees Retirement System (CalPERS) pensions and retiree healthcare benefits known as Other
Post-Employment Benefits (OPEB). The City has taken several steps during the last several years
to manage and reduce its pension and other employee post-employment benefit liabilities. These
actions represent best practices for financial management, have slowed the increases in the City’s
annual pension costs, and positioned the City for achieving retiree medical cost savings into the
future.
Steps already taken by the City to address pension costs include implementing pension reform by
establishing second-tier and third-tier pension plans for all new employees and employees agreeing
to pay the employee share of CalPERS pension costs. However, prior retroactive pension
enhancements, changes by CalPERS, and investment market losses by CalPERS have led to
rapidly increasing pension costs. The related ramp up in annual costs will continue for at least the
next five years.
In addition to efforts to reduce pension cost growth, the City implemented a number of measures to
reduce Other Post Employment Benefit (retiree medical, vision, dental, and life insurance) costs.
This includes establishing an OPEB trust fund, similar to the one discussed here, called the
California Employer’s Retiree Benefit Trust (CERBT) which is managed by a branch of CalPERS.
See below for a summary of that trust fund.
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 1: Rohnert Park’s California Employer’s Retirement Benefit Trust Performance
Account Summary as of November 30, 2014
Initial Contribution (6/28/2011) $1,189,694
Additional Contributions $2,171,000
Disbursements ($0)
CERBT Expenses ($10,069)
Investment Earnings $575,643
Total Assets $3,926,268
Average Annualized Internal Rate of Return 7.85%
Net of expenses, contributions in this OPEB trust fund earned $565,574. For comparison, if these
funds had remained in the City’s General Fund as a reserve, invested in the County treasury pool
they would have earned less than $50,000. This is a demonstration of the value of utilizing a trust
fund. Due to recent developments we can now replicate this successful trust fund investing for the
City’s pension obligations.
ANALYSIS:
Included as one of the four goals of the City's 2015-19 Strategic Plan is “Achieve and Maintain
Financial Stability.” In support of this strategic plan goal, staff continually examines all options to
reduce pension and OPEB obligations and annual costs. As such, this item is before the City
Council to request authorization to participate in a Public Agency Retirement Services (PARS)
"Post-Employment Benefits Trust Program" as yet another action in continuing to responsibly
manage pension and OPEB costs.
Public Agencies Post-Employment Benefits Trust
In 2012, the Government Accounting Standards Board (GASB) issued Statement No. 68,
Accounting and Financial Reporting for Pensions. GASB 68 requires that governmental employers
that sponsor Defined Benefit plans (i.e., CalPERS) must recognize a net pension liability on their
balance sheet. This is the difference between the City's total pension liability and actual plan
assets. GASB 68 became effective for fiscal years starting after June 15, 2014.
To reduce the GASB 68 net pension liability figure and better manage the City’s pension
obligations, the City's only prior option was to send additional funds to CalPERS (in excess of its
annual required contributions) to reduce its unfunded liability. However, additional funds sent to
CalPERS are subject to the same market volatility risk and investment management decisions as
the rest of CalPERS and are never again available to the City.
ITEM NO. ____
3
In response to the lack of options to address a city's unfunded pension liability, PARS developed a
Section 115 Trust program known as the Public Agencies Post-Employment Benefits Trust (the
"Trust") to enable public agencies to pre-fund CalPERS retirement obligations through a locally
controlled trust. In June 2015, PARS received a Private Letter Ruling determination from the IRS
positively affirming this Trust program is tax exempt and lawful (Attachment 3).
This provides the City with a far more flexible and attractive alternative than sending funds to
CalPERS. The Public Agencies Post-Employment Benefits Trust (the "Trust") is a combination
trust that allows pre-funding of both pension and OPEB obligations. This Trust gives the City the
flexibility to prefund one or both of these Obligations. Because the City already established an
OPEB trust fund, the primary interest here is in the pension trust aspect of the program.
The benefits of establishing the Post-Employment Benefits Trust Fund for pensions are:
• Complete Local Control Over the Assets -the Trust can be accessed at any time so long as
the funds are used to pay the City's pension obligations
• Lower Net Pension Liability - contributions placed in the trust reduce the City's unfunded
pension liability
• Pension Rate Stabilization - assets can be transferred to CalPERS at the City's discretion,
which will help reduce or eliminate large fluctuations in employer contributions towards
retirement benefits
• Investment Flexibility - the trust permits the City, under federal and state law, to invest in a
more diversified array of appropriate investments to maximize investment returns long term
and reduce the City's liability
• Investment Management - investment of plan assets will be managed by a professional fund
management team selected by and monitored by the City
• Potential for Improved Credit Ratings - rating agencies may look favorably upon actions to
reduce liabilities
Table 2 below provides a comparison of three options: 1) keeping funds in the City’s General Fund
as assigned fund balance, 2) establishing and funding a trust, 3) sending funds directly to CalPERS
pension system. Each option is scored within the criteria listed above on a scale of 0 (low/bad) to
5 (high/good).
Table 1 – Comparison of Options
Criteria
General
Fund
Trust
Fund
CalPERS
Directly
Control/Access to Assets 5 4 0
Lower Net Pension Liability 0 5 4
Pension Rate Stabilization 4 5 4
Investment Flexibility 1 5 4
Investment Management 1 3 0
Improved Credit Rating 2 4 3
Total Score 13 26 15
ITEM NO. ____
4
As shown in Table 2, establishing and utilizing a trust fund is clearly superior to the other options.
Plan Administrator
The field of pension trust funds for public agencies is relatively new and PARS provides the
security of a Private Letter Ruling from the IRS for Section 115 Trusts that assures participants the
tax-exempt status of their investments. PARS also allows the flexibility of the City's participation
in selecting the investment strategies for its funds, giving the City control on target yield and level
of risk on its investments. Staff also evaluated PFM, a private investment advisor, as a potential
trust administrator and found their fees to be higher and they did not have the IRS Private Letter
Ruling for their pension trust program.
PARS has established a multiemployer irrevocable trust in compliance with the requirements of
Section 115 of the Internal Revenue Code. While it is a multiemployer trust, each employer's
contributions benefit only its own employees. There is no sharing of either liability or investment
earnings, and separate employer accounts are maintained. PARS serves as the administrator for the
trust. As such, its duties include:
1. Establishing the master trust and preparing plan documents;
2. Monitoring the receipt of contributions;
3. Processing benefit payments;
4. Preparing monthly statements of account activity;
5. Coordinating actuarial studies;
6. Responding to auditor requests; and
7. Keeping the City informed about legal and regulatory requirements.
There is no plan set up fee. The City will pay fees to PARS for management of the trust fund based
on the amount of funds under management and according to a sliding scale (see Exhibit 1B of
Attachment 2 –Administrative Services Agreement). The PARS Administration Fee is 0.25%
annually of assets in the trust under $10,000,000 and the rate decreases above that amount. So for
$1,000,000 invested, the fee is $2,500. These fees will be netted against interest earnings in the
trust. If no funds are in the trust, there are no Administration Fees.
Trustee
Any contributions made to the program are held and invested by a trustee, which is US Bank. US
Bank has one of the largest and most respected trust departments in the country. The Trustee's
duties include:
1. Safeguarding assets for the benefit of retirees;
2. Providing oversight protection of the investments;
3. Custodian of the assets; and
4. Disbursing funds to pay for pension costs or retiree healthcare premiums.
There is no trustee fee.
Investment Advisor
ITEM NO. ____
5
Highmark Capital Management (investment sub-advisor to U.S. Bank) is the investment advisor
for the PARS program. Highmark offers an open architecture platform, investment policy
assistance, annual onsite reviews and takes on fiduciary responsibility for the City's asset
management of these funds. They have a number of different investment strategies depending on
what rate of return the City expects to earn and the level of risk it is willing to take. Because these
strategies are designed for public entities, they range in level of risk from conservative to capital
appreciation.
The Highmark Capital Management Fee is approximately 0.35% annually of assets held in the
Trust, charged monthly and taken from those assets. The fee decreases with investments above $5
million. For illustration, an investment of $1,000,000 in the Trust generates an investment advisor
fee of $3,500.
FINANCIAL IMPACT:
Merely establishing the pension trust fund has no financial impact. However, funding the pension
trust fund can have profound positive financial impacts. Funds invested in the trust are expected to
earn as much as ten times as much as those held in the City’s General Fund because of the
different investment options available to trust funds. Nevertheless, trust fund investments, as with
any equity market or bond market investment can at times lose value. Over the long-term, the trust
investments will significantly outperform the investments available to the City’s General Fund.
Funding the retirement trust over time has the potential to greatly strengthen the City’s financial
sustainability because the City’s retirement costs are growing much faster than funds held in its
General Fund. Also, placing funds in the pension trust preserves them so then can only be used for
pension purposes.
If the City Council opts to establish the trust, staff will return with a plan to transfer funds to the
pension trust later this fiscal year.
ALTERNATIVE:
If the pension trust is not authorized, the funds will remain in the General Fund as assigned fund
balance (reserve) to be used for paying future pension costs. These reserves would not be applied
to the “Net Pension Liability” presented in future financial statements and would earn a much
lower rate of return. These reserves would earn approximately 0.5% per year compared to the trust
fund expected rate of return after fees of around 5%.
RECOMMENDED ACTION:
Approve attached resolution establishing and funding a Post-Employment Benefits Trust Program.
Attached to this report is a copy of the PARS Agreement for Administrative Services and a copy of
the Private Letter Ruling issued by the IRS on the tax qualified status of the PARS Post-
Employment Benefits Trust program.
ITEM NO. ____
6
Department Head Approval Date: N/A
City Manager Approval Date: November 3, 2015
Finance Director: October 30, 2015
City Attorney Approval Date: November 2, 2015
Attachments:
1. Resolution
2. Administrative Services Agreement
3. IRS Letter Ruling
1
RESOLUTION NO. 2015-176
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING THE ADOPTION OF THE
PUBLIC AGENCIES POST-EMPLOYMENT BENEFITS TRUST
ADMINISTERED BY PUBLIC AGENCY RETIREMENT SERVICES (PARS)
WHEREAS; PARS has made available the PARS Public Agencies Post-Employment
Benefits Trust (the “Program”) for the purpose of pre-funding pension obligations and/or Other
Post-Employment Benefits (OPEB) obligations; and
WHEREAS, it is determined to be in the best interest of the City to set aside funds for the
pre-funding of its CalPERS pension obligation to be held in trust for the exclusive purpose of
making future contributions of the City’s required pension contributions and any employer
contributions in excess of such required contributions at the discretion of the City; and
WHEREAS, the City is eligible to participate in the Program, a tax-exempt trust
performing an essential governmental function within the meaning of Section 115 of the Internal
Revenue Code (as amended) and the Regulations issued thereunder, and is a tax-exempt trust
under the relevant statutory provisions of the State of California; and
WHEREAS, the City’s adoption and operation of the Program has no effect on any
current or former employee’s entitlement to post-employment benefits; and
WHEREAS, the terms and conditions of post-employment benefit entitlement, if any, are
governed by contracts separate from and independent of the Program; and
WHEREAS, the City’s funding of the Program does not, and is not intended to, create
any new vested right to any benefit nor strengthen any existing vested right of any former,
current, or future City employee; and
WHEREAS, the City reserves the right to make contributions, if any, to the Program.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Council hereby adopts the PARS Public Agencies Post-Employment
Benefits Trust, effective November 10, 2015; and
2. The City Council hereby appoints the City Manager or his/her designee as the City’s
Plan Administrator for the Program; and
3. The City’s Plan Administrator is hereby authorized to execute the PARS legal and
administrative documents on behalf of the City and to take whatever additional
( 2 )
actions are necessary to maintain the City’s participation in the Program and to
maintain compliance of any relevant regulation issued or as may be issued; therefore,
authorizing designee to take whatever additional actions are required to administer the
City’s Program.
DULY AND REGULARLY ADOPTED this 10th day of November, 2015.
CITY OF ROHNERT PARK
____________________________________
Amy O. Ahanotu, Mayor
ATTEST:
_____________________________
JoAnne M. Buergler, City Clerk
I, JoAnne M. Buergler, the City Clerk of the City of Rohnert Park, State of California, hereby
certifies that the above foregoing resolution was duly and regularly adopted by said City at a
regular meeting thereof held on the __________, and passed by a __________ vote of said
Council.
CALLINAN: _________ MACKENZIE: _________ STAFFORD: _________ BELFORTE: _________ AHANOTU: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
Page 1
AGREEMENT FOR ADMINISTRATIVE SERVICES
This agreement (“Agreement”) is made this _____ day of _____________, 2015, between
Phase II Systems, a corporation organized and existing under the laws of the State of
California, doing business as Public Agency Retirement Services and PARS (hereinafter
“PARS”) and the [Agency Name] (“Agency”).
WHEREAS, the Agency has adopted the PARS Public Agencies Post-Employment Benefits
Trust for the purpose of pre-funding pension obligations and/or OPEB obligations (“Plan”),
and is desirous of retaining PARS as Trust Administrator to the Trust, to provide
administrative services.
NOW THEREFORE, the parties agree:
1. Services. PARS will provide the services pertaining to the Plan as described in the
exhibit attached hereto as “Exhibit 1A” (“Services”) in a timely manner, subject to the
further provisions of this Agreement.
2. Fees for Services. PARS will be compensated for performance of the Services as
described in the exhibit attached hereto as “Exhibit 1B”.
3. Payment Terms. Payment for the Services will be remitted directly from Plan assets
unless the Agency chooses to make payment directly to PARS. In the event that the
Agency chooses to make payment directly to PARS, it shall be the responsibility of the
Agency to remit payment directly to PARS based upon an invoice prepared by PARS and
delivered to the Agency. If payment is not received by PARS within thirty (30) days of
the invoice delivery date, the balance due shall bear interest at the rate of 1.5% per
month. If payment is not received from the Agency within sixty (60) days of the invoice
delivery date, payment plus accrued interest will be remitted directly from Plan assets,
unless PARS has previously received written communication disputing the subject
invoice that is signed by a duly authorized representative of the Agency.
4. Fees for Services Beyond Scope. Fees for services beyond those specified in this
Agreement will be billed to the Agency at the rates indicated in the PARS’ standard fee
schedule in effect at the time the services are provided and shall be payable as described
in Section 3 of this Agreement. Before any such services are performed, PARS will
provide the Agency with a detailed description of the services, terms, and applicable rates
for such services. Such services, terms, and applicable rates shall be agreed upon in
writing and executed by both parties.
5. Information Furnished to PARS. PARS will provide the Services contingent upon the
Agency’s providing PARS the information specified in the exhibit attached hereto as
“Exhibit 1C” (“Data”). It shall be the responsibility of the Agency to certify the
accuracy, content and completeness of the Data so that PARS may rely on such
information without further audit. It shall further be the responsibility of the Agency to
deliver the Data to PARS in such a manner that allows for a reasonable amount of time
for the Services to be performed. Unless specified in Exhibit 1A, PARS shall be under
no duty to question Data received from the Agency, to compute contributions made to the
Page 2
Plan, to determine or inquire whether contributions are adequate to meet and discharge
liabilities under the Plan, or to determine or inquire whether contributions made to the
Plan are in compliance with the Plan or applicable law. In addition, PARS shall not be
liable for non performance of Services to the extent such non performance is caused by or
results from erroneous and/or late delivery of Data from the Agency. In the event that the
Agency fails to provide Data in a complete, accurate and timely manner and pursuant to
the specifications in Exhibit 1C, PARS reserves the right, notwithstanding the further
provisions of this Agreement, to terminate this Agreement upon no less than ninety (90)
days written notice to the Agency.
6. Records. Throughout the duration of this Agreement, and for a period of five (5) years
after termination of this Agreement, PARS shall provide duly authorized representatives
of Agency access to all records and material relating to calculation of PARS’ fees under
this Agreement. Such access shall include the right to inspect, audit and reproduce such
records and material and to verify reports furnished in compliance with the provisions of
this Agreement. All information so obtained shall be accorded confidential treatment as
provided under applicable law.
7. Confidentiality. Without the Agency’s consent, PARS shall not disclose any
information relating to the Plan except to duly authorized officials of the Agency, subject
to applicable law, and to parties retained by PARS to perform specific services within
this Agreement. The Agency shall not disclose any information relating to the Plan to
individuals not employed by the Agency without the prior written consent of PARS,
except as such disclosures may be required by applicable law.
8. Independent Contractor. PARS is and at all times hereunder shall be an independent
contractor. As such, neither the Agency nor any of its officers, employees or agents shall
have the power to control the conduct of PARS, its officers, employees or agents, except
as specifically set forth and provided for herein. PARS shall pay all wages, salaries and
other amounts due its employees in connection with this Agreement and shall be
responsible for all reports and obligations respecting them, such as social security,
income tax withholding, unemployment compensation, workers’ compensation and
similar matters.
9. Indemnification. PARS and Agency hereby indemnify each other and hold the other
harmless, including their respective officers, directors, employees, agents and attorneys,
from any claim, loss, demand, liability, or expense, including reasonable attorneys’ fees
and costs, incurred by the other as a consequence of PARS’ or Agency’s, as the case may
be, acts, errors or omissions with respect to the performance of their respective duties
hereunder.
10. Compliance with Applicable Law. The Agency shall observe and comply with federal,
state and local laws in effect when this Agreement is executed, or which may come into
effect during the term of this Agreement, regarding the administration of the Plan.
PARS shall observe and comply with federal, state and local laws in effect when this
Agreement is executed, or which may come into effect during the term of this
Agreement, regarding Plan administrative services provided under this Agreement.
Page 3
11. Applicable Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of California. In the event any party institutes legal
proceedings to enforce or interpret this Agreement, venue and jurisdiction shall be in any
state court of competent jurisdiction.
12. Force Majeure. When a party’s nonperformance hereunder was beyond the control and
not due to the fault of the party not performing, a party shall be excused from performing
its obligations under this Agreement during the time and to the extent that it is prevented
from performing by such cause, including but not limited to: any incidence of fire, flood,
acts of God, acts of terrorism or war, commandeering of material, products, plants or
facilities by the federal, state or local government, or a material act or omission by the
other party.
13. Ownership of Reports and Documents. The originals of all letters, documents, reports,
and data produced for the purposes of this Agreement shall be delivered to, and become
the property of the Agency. Copies may be made for PARS but shall not be furnished to
others without written authorization from Agency.
14. Designees. The Plan Administrator of the Agency, or their designee, shall have the
authority to act for and exercise any of the rights of the Agency as set forth in this
Agreement, subsequent to and in accordance with the written authority granted by the
Governing Body of the Agency, a copy of which writing shall be delivered to PARS.
Any officer of PARS, or his or her designees, shall have the authority to act for and
exercise any of the rights of PARS as set forth in this Agreement.
15. Notices. All notices hereunder and communications regarding the interpretation of the
terms of this Agreement, or changes thereto, shall be effected by delivery of the notices
in person or by depositing the notices in the U.S. mail, registered or certified mail, return
receipt requested, postage prepaid and addressed as follows:
(A) To PARS: PARS; 4350 Von Karman Avenue, Suite 100, Newport Beach, CA
92660; Attention: President
(B) To Agency: [Agency]; [Address]; [City, State, Zip]; Attention: [Plan Administrator]
Notices shall be deemed given on the date received by the addressee.
16. Term of Agreement. This Agreement shall remain in effect for the period beginning
______________, 2015 and ending _____________, 2018 (“Term”). This Agreement
may be terminated at any time by giving thirty (30) days written notice to the other party
of the intent to terminate. Absent a thirty (30) day written notice to the other party of the
intent to terminate, this Agreement will continue unchanged for successive twelve month
periods following the Term.
17. Amendment. This Agreement may not be amended orally, but only by a written
instrument executed by the parties hereto.
18. Entire Agreement. This Agreement, including exhibits, contains the entire
understanding of the parties with respect to the subject matter set forth in this Agreement.
In the event a conflict arises between the parties with respect to any term, condition or
Page 4
provision of this Agreement, the remaining terms, conditions and provisions shall remain
in full force and legal effect. No waiver of any term or condition of this Agreement by
any party shall be construed by the other as a continuing waiver of such term or
condition.
19. Attorneys Fees. In the event any action is taken by a party hereto to enforce the terms of
this Agreement the prevailing party herein shall be entitled to receive its reasonable
attorney’s fees.
20. Counterparts. This Agreement may be executed in any number of counterparts, and in
that event, each counterpart shall be deemed a complete original and be enforceable
without reference to any other counterpart.
21. Headings. Headings in this Agreement are for convenience only and shall not be used to
interpret or construe its provisions.
22. Effective Date. This Agreement shall be effective on the date first above written, and
also shall be the date the Agreement is executed.
AGENCY:
BY:
TITLE:
DATE:
PARS:
BY:
Tod Hammeras
TITLE: Chief Financial Officer
DATE:
Page 5
EXHIBIT 1A
SERVICES
PARS will provide the following services for the [Agency Name] Public Agencies Post-
Employment Benefits Trust:
1. Plan Installation Services:
(A) Meeting with appropriate Agency personnel to discuss plan provisions,
implementation timelines, actuarial valuation process, funding strategies, benefit
communication strategies, data reporting, and submission requirements for
contributions/reimbursements/distributions;
(B) Providing the necessary analysis and advisory services to finalize these elements of
the Plan;
(C) Providing the documentation needed to establish the Plan to be reviewed and
approved by Agency legal counsel. Resulting final Plan documentation must be
approved by the Agency prior to the commencement of PARS Plan Administration
Services outlined in Exhibit 1A, paragraph 2 below.
2. Plan Administration Services:
(A) Monitoring the receipt of Plan contributions made by the Agency to the trustee of the
PARS Public Agencies Post-Employment Benefits Trust (“Trustee”), based upon
information received from the Agency and the Trustee;
(B) Performing periodic accounting of Plan assets, reimbursements/distributions, and
investment activity, based upon information received from the Agency and/or
Trustee;
(C) Coordinating the processing of distribution payments pursuant to authorized direction
by the Agency, and the provisions of the Plan, and, to the extent possible, based upon
Agency-provided Data;
(D) Coordinating actions with the Trustee as directed by the Plan Administrator within
the scope this Agreement;
(E) Preparing and submitting a monthly report of Plan activity to the Agency, unless
directed by the Agency otherwise;
(F) Preparing and submitting an annual report of Plan activity to the Agency;
(G) Facilitating actuarial valuation updates and funding modifications for compliance
with GASB 45, if prefunding OPEB obligations;
(H) Coordinating periodic audits of the Trust;
(I) Monitoring Plan and Trust compliance with federal and state laws.
3. PARS is not licensed to provide and does not offer tax, accounting, legal, investment or
actuarial advice.
Page 6
EXHIBIT 1B
FEES FOR SERVICES
PARS will be compensated for performance of Services, as described in Exhibit 1A based
upon the following schedule:
(A) An annual asset fee paid by the Agency or paid from Plan Assets based on the following
schedule:
For Plan Assets from: Annual Rate:
$0 to $10,000,000 0.25%
$10,000,001 to $15,000,000 0.20%
$15,000,001 to $50,000,000 0.15%
$50,000,001 and above 0.10%
Annual rates are prorated and paid monthly. The annual asset fee shall be calculated
by the following formula [Annual Rate divided by 12 (months of the year)
multiplied by the Plan asset balance at the end of the month]. Trustee and
Investment Management Fees are not included.
(B) The annual asset fee referenced above shall be paid as follows:
Annual Asset Fee Payment Option (Please select one option below):
Annual Asset Fee shall be paid from Plan Assets.
Annual Asset Fee shall be invoiced to and paid by the Agency.
Page 7
EXHIBIT 1C
DATA REQUIREMENTS
PARS will provide the Services under this Agreement contingent upon receiving the
following information:
1. Executed Legal Documents:
(A) Certified Resolution
(B) Adoption Agreement to the Public Agencies Post-Employment Benefits Trust
(C) Trustee Investment Forms
2. Contribution – completed Contribution Transmittal Form signed by the Plan
Administrator (or authorized Designee) which contains the following information:
(A) Agency name
(B) Contribution amount
(C) Contribution date
(D) Contribution method (Check, ACH, Wire)
3. Distribution – completed Payment Reimbursement/Distribution Form signed by the
Plan Administrator (or authorized Designee) which contains the following
information:
(A) Agency name
(B) Payment reimbursement/distribution amount
(C) Applicable statement date
(D) Copy of applicable premium, claim, statement, warrant, and/or administrative
expense evidencing payment
(E) Signed certification of reimbursement/distribution from the Plan Administrator
(or authorized Designee)
4. Other information pertinent to the Services as reasonably requested by PARS and
Actuarial Provider.
ITEM NO.
1
Meeting Date: November 10, 2015
Department: Community Services
Submitted By: John McArthur, Public Works & Community Services Director
Prepared By: Mitch Austin, Community Services Manager
Agenda Title: Discussion and Direction of the Future of the Sister Cities Relations
Committee and the Cultural Arts Commission
RECOMMENDED ACTION: Review and discuss the proposed changes to the Sister Cities
Relations Committee and the Cultural Arts Commission and provide staff with direction.
BACKGROUND: The Sister Cities Relations Committee and the Cultural Arts Commission
Activities and appointed member attendance have been declining over the past few years. Below
is a summary of the attendance and activity of the Sister Cities Relations Committee and the
Cultural Arts Commission.
Cultural Arts Commission
The Cultural Arts Commission’s charge is stated below:
“The Cultural Arts Commission promotes the arts through information and awareness. It has
been organized to encourage and develop programs among community groups for the cultural
enrichment of Rohnert Park. The Commission also has the purpose of encouraging the
beautification of the appearance of the City; advising the City Council on all matters affecting
the beauty and culture of the City and rendering advice and assistance to the City in the field of
civic works of art aesthetics.”
The Commission is currently made up of two appointed Commissioners; there are currently three
vacancies. Commissioner attendance has been in steep decline over the past 21 months. During
this time 11 meetings were scheduled and only five were completed; the other six were cancelled
due to lack of quorum. This is a 55% cancellation rate.
The budget that the Commission once had for community art projects was funded using
developer impact fees earmarked for public art. This funding source was eliminated several years
ago. An overall reduction in development impact fees was done to stimulate housing and
economic growth in the community.
Current funding sources for cultural arts programs such as murals, sculptures and art displays
include fund raising activities and donations. The commissioners do not have an interest in
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
fundraising activities. Therefore, without a dedicated funding source the Commission rarely has
a public art or cultural arts related item to discuss and advise the City Council on.
Staff is recommending that the City Council consider combining the charge of Cultural Arts with
the Parks and Recreation Commission. This is a common practice among other Cities who have
stopped charging a fee to developers to provide public art. Much of the art that would be
displayed is often in public facilities and parks which the Parks and Recreation Commission
already has purview over. Additionally, it is not uncommon to program cultural arts programs in
Community Services facilities as part of the recreational class offering to the community. If this
direction is supported by the City Council, staff would return to the City Council for formal
adoption by amending the ordinance governing the Parks and Recreation Commission and
dissolving the Cultural Arts Commission. Should a funding source be identified in the future, the
City then could consider re-establishing the Cultural Arts Commission. At the February 23,
2015 meeting, the Parks and Recreation Commission unanimously supported advising the City
Council on cultural arts items as part of the Parks and Recreation Commission duties and
responsibilities.
SisterCities Relations Committee
The Sister Cities Relations Committee’s charge is stated below:
“The purpose of the Rohnert Park Sister Cities Relations Committee is to foster international
understanding and friendship through exchanges of people, artifacts and ideas with citizens of
foreign cities and to develop an increased appreciation of cultural diversity in order to better
understand one’s own culture. Rohnert Park’s sister city is Hashimoto, Japan.”
The Committee is currently made up of 11 seats with five appointed members; there are six
vacancies. Sister Cities Relations Committee member attendance has been fairly steady over the
past 21 months. During this timeframe 21 meetings were scheduled and 18 meetings were
completed; the other four were cancelled, three due to lack of quorum and the other was
cancelled by the Committee (December). This is a 15% cancellation rate. However, staff cannot
successfully schedule anymore meetings as the Committee does not have a quorum of members
appointed, despite staff’s efforts to recruit more Committee members. Interest has also fallen off
by Committee members due to the lack of funds and general progress made by the Committee.
Staff spent a number of meetings discussing the future of the Committee given the lack of
funding. Committee members were clear that there efforts to raise funds were unsuccessful and
they were no longer interested in doing fundraising activities. Also, they were not interested in
becoming their own non-profit. By becoming their own non-profit they would not be constrained
by the Brown Act and could compete for funding without consideration of competing with City
interests. Very few cities sponsor Sister City Commissions/Committees with public funds; many
have formed their own non-profit organization. A majority of Committee members would like to
see the City Council restore funding to previous levels or discontinue the Sister City Relations
Committee.
Staff recommends dissolving the Sister Cities Relation Committee. If City Council’s direction is
to discontinue the Committee, staff will prepare the necessary documents and bring to the City
Council as an action item at a future meeting.
ITEM NO.
3
ANALYSIS: Cultural Arts Commissions in several cities have been combined with the Parks
and Recreation Commission. In some Cities, such as the City of Martinez they re-titled their
Parks and Recreation Commission to include Cultural in their title.
It is a common and best practice to have Cities support initial formation of Sister City
organizations, either as a Commission or other entity with the goal of that entity becoming a self-
sustaining non-profit organization. The currently appointed Committee members are not
interested in becoming a separate entity from the City.
It is estimated that by combining cultural arts with the Parks and Recreation Commission and
disbanding the Sister Cities Relations Committee, approximately 120 staff hours/year would be
re-allocated to supporting Community Services operations and programs.
OPTIONS CONSIDERED: The only other viable option considered is keeping the Cultural Art
Commission as it is currently structured and recruiting new members. A viable option for the
Sister Cities Relations Committee would be to keep having the meetings and reduce the number
of appointees to five. However, neither of these options addresses the core issue of providing a
funding source for the Commission and Committee’s activities.
The Cultural Arts Commission discussed the idea for creating a “mega commission” by inviting
representatives from other cultural arts organizations in the community to collaborate and put
together a master cultural arts calendar. This could be achieved internally through staff and does
not require a regularly appointed Commission.
NEXT STEPS: Following City Council direction, staff would work with the City Clerk’s Office
and City Attorney to amend ordinances if necessary and prepare a report for final consideration
and action of the City Council’s direction.
Department Head Approval Date: 10/19/15
City Manager Approval Date: 10/26/15
City Attorney Approval Date: N/A
ITEM NO. ____
1
Meeting Date: November 10, 2015
Department: Administration
Submitted By: Darrin Jenkins, City Manager
Prepared By: Darrin Jenkins, City Manager
Agenda Title: Reconsideration of Resolution 2015-145 Designating the Use of Proceeds from
the Sale of 5870 Labath Avenue (Stadium Area)
RECOMMENDED ACTION:
That the City Council 1) adopt a resolution repealing Resolution 2015-145 and 2) adopt a new
resolution Designating the Use of Proceeds from the Sale of 5870 Labath Avenue.
BACKGROUND:
On August 11, 2015, the City Council approved an agreement to sell approximately 12.25 acres
of the City’s Stadium Lands (Property) for reuse. 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 brokers’
commissions.
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.
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
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.
On September 8, 2015, the Council adopted Resolution 2015-145 (attached) designating the use
of funds in the manner described.
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
UPDATE:
On October 27, 2015, the Mayor placed an item on the agenda under Matters From and For
Council seeking (and receiving) concurrence from two Councilmembers to have Resolution
2015-145 reconsidered.
Two new resolutions are attached: 1) a resolution repealing Resolution 2015-145 and 2) a new
resolution Designating the Use of Proceeds from the Sale of 5870 Labath Avenue. The second
resolution is the same as Resolution 2015-145 with one change—the following sentence is
deleted from Section 3: “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.” The
effect of these two resolutions would be to designate only $184,557.95 of the proceeds from the
sale of the Property to be paid to the Sewer Enterprise fund. The remaining funds, once
received, could be designated for use.
DISCUSSION:
In August, staff presented four options for the designation of sale proceeds, one of which was
“Wait until the sale closes and determine the best use at the time.” This option is staff’s
recommendation. Staff did not provide a specific recommendation in August.
The sale agreement provides for escrow to open within 10 days of the effective date. 1 It then
also provides up to 3 years for the buyer to close escrow. 2 Therefore, the sale can close escrow
anytime from now until August 2018. Until escrow closes, the City will not receive the proceeds
of the sale. At the time of closing—when the City actually has the funds—is a good time to
designate the use of those funds for important priorities based on the circumstances existing at
that time.
OPTIONS FOR DESIGNATION AND USE OF FUNDS:
1. Council may adopt the attached two resolutions, repealing Resolution 2015-145 and also
designating $184,557.95 to repay the principal and interest of the sewer revenue bonds
used to purchase the property, but not designating the remaining funds at this time.
(Recommended)
2. Council may modify and then adopt the attached resolutions.
3. Council may adopt the first resolution repealing 2015-145 and reject the second. In that
case, there would be no designation for the use of funds at this time—including
repayment to the Sewer Enterprise Fund.
4. Council may reject the attached resolutions and take no action. The designation of funds
in Resolution 2015-145 would remain in effect.
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.
1 Escrow is open.
2 Section 6.2b: outside closing date two years after effective date plus two six-month extensions.
ITEM NO. ____
3
FISCAL IMPACT/FUNDING SOURCE:
At the close of escrow, the fiscal impact will consist of the net revenue, estimated to be
approximately $6.2 million, with $184,557.95 for the Sewer Enterprise Fund to repay the
principal and interest of the sewer revenue bonds used to purchase the property and
approximately $6 million to be designated for use upon close of escrow and receipt of the
proceeds.
Department Head Approval Date: N/A
City Manager Approval Date: 11/4/2015
Finance Director: 11/4/2015
City Attorney Approval Date: 11/4/2015
Attachments:
1. Resolution 2015-145 (for reference)
2. Resolution Repealing 2015-145
3. Resolution Designating the Use of Proceeds from the Sale of 5870 Labath Avenue
RESOLUTION NO. 2015-177
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
REPEALING RESOLUTION NO. 2015-145
The City Council of the City of Rohnert Park does hereby repeal Resolution No. 2015-145, a
Resolution Designating the Use of Proceeds from the Sale of 5870 Labath Avenue.
DULY AND REGULARLY ADOPTED this 10th day of November, 2015.
CITY OF ROHNERT PARK
_______________________________
Amy O. Ahanotu, Mayor
ATTEST:
_____________________________
JoAnne Buergler, City Clerk
CALLINAN: _________ MACKENZIE: _________STAFFORD: _________ BELFORTE: _________ AHANOTU: _________
AYES: ( ) NOS: ( ) ABSENT: ( ) ABSTAIN: ( )
RESOLUTION NO. 2015-178
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.
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.
2
DULY AND REGULARLY ADOPTED this 10th day of November, 2015.
CITY OF ROHNERT PARK
_______________________________
Amy O. Ahanotu, Mayor
ATTEST:
_____________________________
JoAnne Buergler, City Clerk
CALLINAN _________ MACKENZIE: _________ STAFFORD: _________ BELFORTE _________ AHANOTU: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
Presenters: John McArthur, Director Of Public Works and Community Services
Terrie Zwillinger, Public Works Project Coordinator
1
Current park restroom status
Existing condition assessment
Improvement strategy
◦Capital
◦Operating cost
Funding and project phasing
Next steps
2
Magnolia Park: Fields and Pool
Alicia Park: Playground and Ballfield
Golis Park
Sunrise Park
Colegio Vista
Benicia Park: Pool and Ballfield
Dorotea Park
Eagle Park
Ladybug Park
3
City park restrooms closed for several years
Excessive vandalism
◦Health and safety concerns
◦Frequent and costly repairs
Golis Park
4
Current restroom service:
◦Porta -potties
◦Restrooms available for rent to
athletic leagues and large groups
◦Alicia and Benicia have
on-going agreements with the
athletic leagues Benicia Park
5
1.Public use
2.Building condition
3.Entrance visibility
4.Location
5.Disability access
6.Lighting and security
7.Fixtures
8.Vandalism frequency
6
Facility Use Construction Visibility Location Access Lighting Fixtures Vandalism
1. Magnolia Fields High 2 2 2 2 2 2 M
2. Magnolia Pools High 3 2 3 3 3 2 L
3. Alicia Park High 2 1 2 1 1 1 H
4. Golis High 2 2 3 2 1 2 H
5. Sunrise Mod 2 2 3 2 2 2 M
Rating Scale: Good (3), Fair (2), Poor (1)
7
Facility Use Construction Visibility Location Access Lighting Fixtures Vandalism
6. Colegio Vista Mod 1 2 2 1 1 2 L
7. Dorotea Low 1 1 1 2 2 1 M
8. Eagle Low 1 2 2 1 2 2 L
9. Ladybug Low 3 2 2 3 1 2 L
Rating Scale: Good (3), Fair (2), Poor (1)
8
Goal: Implement improvements and
operating strategy for successful long-term
re -opening
Minimize vandalism
Provide public with safe and reliable
restroom facilities
Efficient cleaning and maintenance
9
Capital improvements:
◦New commercial-grade fixtures
◦Security features:
1.Clear sight lines (vegetation removal as needed)
2.New indoor and exterior lighting
3.Auto door locks and intrusion alarms
4.Exterior cameras/video
10
Reconstruction: single-room (unisex), concrete
block building at Colegio Vista, Dorotea and
Benicia Parks
◦Existing restrooms cannot be rehabilitated to meet
accessibility needs
Dorotea Colegio Vista
11
Facility Building Strategy Capital Costs Funding Available Additional Funding
Needed
Magnolia Fields Rehab $107,916 $107,916
Magnolia Pools Rehab $62,859 $62,859
Alicia Playground Rehab $114,390 $114,390 (BOND) $0
Alicia Ballfield LEASE N/A N/A
Golis Rehab $114,129 $114,129
Sunrise Rehab $62,897 $62,897
12
Facility Building Strategy Capital Costs Funding Available Additional Funding
Needed
Colegio Vista New $207,672 $138,000 (CDBG) $69,672
Benicia Pool New $207,672 $207,672 (BOND) $0
Benicia Ballfield LEASE N/A N/A
Dorotea New $207,672 $207,672
Eagle Rehab $62,117 $62,117
Ladybug Rehab $56,683 $56,683 (BOND) $0
Vehicle Needs $30,000 $30,000
TOTAL $1,234,007 $516,745 $717,260
13
Facility Estimated
Capital Costs
Available
Funding
Additional Capital
Funding Needed
Annual Operation &
Maintenance Costs
Benicia Pool $207,672 $207,672
(BOND) $0 $18,239
Alicia Playground $114,390 $114,390
(BOND) $0 $18,783
Colegio Vista $207,672 $138,000
(CDBG) $69,672 $18,393
Total $529,734 ($460,062) $69,672 $55,415
14
Recommend not opening Ladybug Park
Proceed with design and construction of
funded restrooms
Include operations and maintenance
funding in 2016-17 Operations Budget
Evaluate effectiveness of initial phase
Adjust as needed
Request direction from City Council for
funding of future projects
15
ITEM NO. ____
1
Meeting Date: November 10, 2015
Department: Public Works and Community Services
Submitted By: John McArthur, Director of Public Works & Community Services
Prepared By: Terrie Zwillinger, Project Coordinator
Agenda Title: Direction on Proposed Restroom Re-Opening Strategy at City Parks
RECOMMENDED ACTION:
Staff recommends a phased approach for the opening of restrooms, consisting of constructing
and opening the currently funded restrooms (Benicia Pool, Alicia Park and Colegio Vista Park)
and appropriating an additional $69,672 from the Parks Operating Budget to fully fund the
construction at Colegio Vista Park.
BACKGROUND:
City park restrooms have been closed for several years. Restroom service is currently provided with
porta-potties which are supplied and maintained by Rohnert Park Disposal Company. Previously,
when the restrooms were open to the public, they were frequently vandalized resulting in health and
safety threats to the general public as well as frequent and costly repairs.
The City Council has directed that staff analyze the possibility of re-opening the park restrooms.
The goal of the project would be to provide restroom service to the general public at each park
and removal of the porta-potties. This project is aligned with the City’s Strategic Plan Goal C1,
which is to deliver the highest quality service to the residents of Rohnert Park.
Budget - Capital
Currently, there is funding available for capital improvements to re-open restrooms in four of the
nine parks via the following funding mechanisms:
Bonds: The Draft Bond Projects List for use of former Community Development Commission
(CDC) 2007R Tax Allocation Bonds includes funds for the renovation of the restroom at
Ladybug Park ($55,761) and Alicia Park ($149,403). In addition, funding for a new restroom at
Benicia Pool was included in the Benicia Pool Renovation Project, funded through the Bond
proceeds.
Community Development Block Grant Funds (CDBG): A grant of $138,000 through CDBG was
awarded to the City for the Colegio Vista Restroom Reopening Project, which includes the
demolition of the existing restroom and installation of a new single-stall uni-sex restroom. An
additional $69,672 is needed to construct this project.
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
Budget – Operation and Maintenance
There is no funding for additional operation and maintenance costs for the restrooms.
ANALYSIS
Staff formed a working committee with a cross-section of city staff to evaluate the existing park
restroom conditions. Staff conducted a field review of each restroom and came up with a range
of solutions. The assessment criteria included:
1. Use
2. Building construction status,
3. Entrance visibility from the nearest parking lot,
4. Location of the restroom,
5. Disability access,
6. Outdoor lighting/security,
7. Fixtures, and
8. Vandalism frequency.
The information gathered from the assessment provided information needed to determine the
level of rehabilitation of the buildings, ranging from a “low” effort of rehabilitation effort
(estimated to be approximately 20% of new building costs) to complete demolition of the
building and replacement with a new concrete block building with new concrete floor.
Restroom Condition Assessment Findings
The Condition Assessment Analysis concluded the following per each park, as summarized in
Table 1 below:
• Magnolia Fields.
1. Use – High use.
2. Construction (fair). The structure is part of the concession stand run by the
softball league and it appears to be in fair condition.
3. Visibility (fair). The visibility is fair from the picnic area and soccer fields,
however it is not clearly visible from the street.
4. Location (fair). The location is fair for the two softball/soccer fields, which are
heavily used by local leagues and City programs for games and tournaments.
5. Access (fair). There is an access path to the restroom.
6. Lighting and Security (fair). The lighting is fair for both the interior and exterior
of the building, however the interior lights should be on a motion sensor or timer.
7. Fixtures (fair). The women’s restroom sink is difficult to use and is ineffective.
The partitions are in fair shape, however the locking mechanisms have broken and
barely function.
8. Vandalism Frequency (moderate). The vandalism frequency is moderate.
• Magnolia Pool.
1. Use – High use.
2. Construction (good). The concrete block bathrooms are attached to the pool
building and are in good condition.
3. Visibility (fair). The visibility is fair from the parking area.
ITEM NO. ____
3
4. Location (good). The location is good due to the high use of the adjacent tennis
courts, three soccer fields and picnic area.
5. Access (good). There is an access path to the restroom.
6. Lighting and Security (good). The lighting is good for both the interior and
exterior of the building.
7. Fixtures (fair). The sink and toilets are equipped with sensors, although one of
the toilet sensors is broken. The toilet paper holders in both restrooms need
repair.
8. Vandalism Frequency (low). The vandalism frequency is low.
• Alicia Park Playground. This park has a group picnic area (100+ attendees), lighted
baseball complex, large play structure, restroom and pool bathhouse. This park is located
in the oldest neighborhood in Rohnert Park and is adjacent to John Reed elementary
School. The park is heavily used on weekends for casual and organized use.
1. Use – High use.
2. Construction (fair). The existing building is block brick in fair condition It has a
newer roof and has ADA access at the door, however the interior is in poor
condition with badly damaged partitions and non-commercial grade toilet and
sinks.
3. Visibility (poor). There are a number of mature trees that obscure vision into the
park from the parking lot which provides poor visibility to the restroom.
4. Location (fair). The location is fair for the picnic and playground users; however,
the sight lines from the street to the facility are not clear.
5. Access (poor). There is no access path to the restroom and visitors have to walk
over uneven grass to reach it.
6. Lighting and Security (poor). The building exterior lighting is poor.
7. Fixtures (poor). The toilet and sinks are not commercial grade and the ability of
the restroom amenities to withstand vandalism is poor.
8. Vandalism Frequency (high). The vandalism frequency is high. The restroom
was regularly and heavily damaged when it was open.
• Golis Park. This park is located in the most northeastern neighborhood in Rohnert Park.
1. Use – High use.
2. Construction (fair). This is a metal structure in fair condition.
3. Visibility (fair). The visibility is fair with limited sight lines from the street and
parking lot. There are numerous trees in the area which can block visibility.
4. Location (good). The restroom is centrally located near the parking lot and
baseball field.
5. Access (fair). There is an access path to the restroom.
6. Lighting and Security (poor). The lighting by the basketball courts is poor.
7. Fixtures (fair). The fixtures are in fair condition.
8. Vandalism Frequency (high). The vandalism frequency is high. Kids tend to
frequent the park at night and there is easy access to the Coleman Creek pathway.
• Sunrise Park. This park is located on the corner of Snyder Lane and Rohnert Park
Expressway. The park is heavily used by sports organizations and has field lighting
which makes it highly used in the evenings.
ITEM NO. ____
4
1. Use – Moderate use.
2. Construction (fair). This is a wooden structure in fair condition.
3. Visibility (fair). The visibility is fair with sight lines available from the street and
parking lot. There are two sycamore trees adjacent to the path between the street
and building that should be removed.
4. Location (good). The restroom is centrally located with picnic area and newer
play structure nearby.
5. Access (fair). There is an access path to the restroom.
6. Lighting and Security (poor). The exterior lighting is poor. However the interior
lighting is fair.
7. Fixtures (fair). The fixtures are in fair condition. The sinks require some force to
use and are ineffective for washing. The toilets have duct tape on the back
covering exposed hardware.
8. Vandalism Frequency (moderate). The vandalism frequency is high.
• Colegio Vista. The park is moderately used due to the two baseball fields and two soccer
fields in close proximity. The picnic area is not widely used.
1. Use – Moderate use.
2. Construction (poor). The existing building is wooden and in poor condition, and
there is no door for the partition in the men’s room.
3. Visibility (fair). There is fair visibility to the restroom from the parking lot.
4. Location (fair). The location is fair for the picnic and baseball field users.
5. Access (poor). There is a large step to get into the restrooms. The stalls are small
and not handicap accessible.
6. Lighting and Security (poor). The outdoor lighting is broken and inadequate and
the women’s room lighting is broken.
7. Fixtures (fair). The toilet and sinks are in fair condition.
8. Vandalism Frequency (low). The location of the restroom provides visibility from
the parking lot and the vandalism frequency is low.
• Benicia Pool. This is a new restroom building that was constructed in conjunction with
the Benicia Pool Rehabilitation Project in 2015.
• Dorotea Park. This park sits in the middle of the D section neighborhood. The park is
well-traveled for a neighborhood park and used for individual picnics.
1. Use – Low use.
2. Construction (poor). The restroom is a wooden structure in poor condition.
3. Visibility (poor). The visibility is poor with trees obscuring the view from the
street.
4. Location (poor). The restroom is poorly located with the entrance to the building
facing away from the street
5. Access (fair). There is an access path to the restroom.
6. Lighting and Security (fair). The lighting is fair to poor with exterior lights
blocked by bushes and tree limbs.
7. Fixtures (fair). The fixtures are in fair condition. The locks were replaced, but
the men’s room lock is broken.
ITEM NO. ____
5
8. Vandalism Frequency (moderate). The vandalism frequency is moderate with a
history of two fires in the past.
• Eagle Park. Eagle Park is adjacent to evergreen Elementary School.
1. Use – Low use.
2. Construction (poor). This is a steel structure in poor condition attached to the
snack bar.
3. Visibility (fair). The visibility is fair
4. Location (fair). The restroom is centrally located and adjacent to the softball field
up the path and away from the parking lot.
5. Access (poor). There is minimal access to the restroom with existing trip hazards
in the concrete.
6. Lighting and Security (fair). The interior and exterior lighting is fair.
7. Fixtures (fair). The bathroom doors open inward and the sinks are ineffective and
require force to operate.
8. Vandalism Frequency (low). The vandalism frequency is low with the primary
vandalism being graffiti.
• Ladybug Park.
1. Use – Low use.
2. Construction (good). The existing building is located within the wooden
recreation building with access from outside the building.
3. Visibility (fair). The restroom is located on the back of the building with no
visibility from the street; however, the restrooms have clear visibility from the
playground area.
4. Location (fair). The location is fair for the picnic and playground users; however,
the sight lines from the street to the facility are not clear.
5. Access (good). There is an access path to the restroom.
6. Lighting and Security (poor). The building’s exterior and internal lighting is
poor.
7. Fixtures (fair). The toilet and sinks are undamaged; however, the men’s room
lock is broken and inaccessible.
8. Vandalism Frequency (low). The vandalism frequency is low.
• Alicia and Benicia Ballfield Restrooms. These facilities are currently leased to the
athletic leagues and are recommended to continue to be closed to the general public.
ITEM NO. ____
6
Table 1: Park Restroom Current Condition Analysis1
Facility Use Construction Visibility Location Access Lighting Fixtures Vandalism2
Magnolia Fields High 2 2 2 2 2 2 M
Magnolia Pools High 3 2 3 3 3 2 L
Alicia Park High 2 1 2 1 1 1 H
Golis High 2 2 3 2 1 2 H
Sunrise Mod 2 2 3 2 2 2 M
Colegio Vista Mod 1 2 2 1 1 2 L
Benicia Pool Mod NEW FACILITY
Dorotea Low 1 1 1 2 2 1 M
Eagle Low 1 2 2 1 2 2 L
Ladybug Low 3 2 2 3 1 2 L
1. Current Conditions Rating Scale:
3 – Good
2 – Fair
1 – Poor
2 Vandalism Rating Scale:
H – High frequency
M – Moderate frequency
L – Low frequency
Restroom Re-opening Strategy
The general strategy for re-opening of the restrooms is to minimize potential vandalism and
provide the public with safe and reliable restroom facilities. Staff recommends a phased
approach for the reopening of restrooms, consisting of constructing and opening the currently
funded restrooms (Benicia Pool, Alicia Park and Colegio Vista Park restrooms). Ladybug Park
restroom has funding identified through the Bond Proceeds, however staff recommends that the
City Council consider not funding renovation and opening of this restroom at this time because
of the low-use of this facility and its location at the back of the recreation building.
Given the information of current conditions of the restrooms as discussed above, staff prepared
preliminary cost estimates to re-open each of the restrooms. Costs include the following:
1. New fixtures with commercial grade materials that are vandalism resistant, including
stainless steel toilets, soap dispenser, and sink.
2. New lighting (indoor and motion-sensing exterior) to provide better visibility.
3. Security features including exterior cameras/video surveillance, door locks and intrusion
alarms. The intention of adding the security features to the restroom facilities is to curtail
vandalism incidents.
4. Clear sight lines – vegetation removal where needed to provide visibility.
5. Reconstruction: In order to re-open Colegio Vista and Dorotea Park restrooms, the
buildings would need to be reconstructed because there is insufficient room to retrofit the
building to meet ADA requirements. The existing buildings would be reconstructed with
a single-room (unisex), concrete block building with a painted exterior.
ITEM NO. ____
7
Table 2: Park Restroom Preliminary Estimated Capital Costs1
Facility Building
Strategy2
Capital Costs Funding
Available
Additional
Funding Needed
Magnolia Fields Rehab - H $107,916 $107,916
Magnolia Pools Rehab – L $62,859 $62,859
Alicia Playground Rehab - H $114,390 $114,390
(BOND) $0
Alicia Ballfield3 LEASE N/A N/A
Golis Rehab – H $114,129 $114,129
Sunrise Rehab – L $62,897 $62,897
Colegio Vista New $207,672 $138,000
(CDBG) $69,672
Benicia Pool New $207,672 $207,672
(BOND) $0
Benicia Ballfield3 LEASE N/A N/A
Dorotea New $207,672 $207,672
Eagle Rehab – L $62,117 $62,117
Ladybug Rehab - L $56,683 $56,683
(BOND) $0
Vehicle Needs4 $30,000 $30,000
TOTAL $1,234,007 $516,745 $717,260
1. Costs include construction and materials with a 35% construction contingency.
2. Building Strategy includes Rehab, New, or Lease. "Rehab" consists of painting of building and
replacement of all fixtures in kind and in the same location as existing. "H" indicates High level of rehab
effort (50% of Operating strategy and needs and cost of New estimated costs). "L" indicates Low level of
rehab effort (20% of cost of New estimated costs). "New" consists of demolishing existing structure and
replacing with a new CMU block with concrete floor structure with unisex restroom. "Lease" consists of
leaving facility as is and only providing costs for vandalism or major repairs. 3. Restrooms at Alicia Ballfield and Benicia Ballfield will not be upgraded and will be leased to the League.
4. Vehicle needs includes purchase of 1 new vehicle.
Estimated Operation and Maintenance Costs
In addition to initial capital construction, the City will incur operation and maintenance costs
each year if the restrooms are reopened. Labor needs were based on normal cleaning and upkeep
needs as well as major building repairs including vandalism. Staff also considered how many
months per year each restroom would be open. Parks that have two restroom buildings (For
example M–Park) only one restroom building would be open year round, and the second
restroom would be open during the peak use period which normally is eight months.
Other annual operation and maintenance costs include sanitary and cleaning supplies, contracted
services (alarm), and supplies for vandalism (assumes $7,500 per year for all restrooms).
ITEM NO. ____
8
Table 3: Park Restroom Estimated Annual Operation and Maintenance Costs
Facility Months Open Labor Cost1 Supplies Total
Magnolia Fields 12 months/year $13,021 $2,809 $15,831
Magnolia Pools 8 months/year $9,619 $2,535 $12,155
Alicia Playground 12 months/year $15,195 $2,810 $18,005
Alicia Ballfield2 LEASE $1,087 $625 $1,712
Golis 12 months/year $13,021 $3,125 $16,147
Sunrise 12 months/year $13,021 $3,125 $16,147
Colegio Vista 12 months/year $14,652 $2,963 $17,615
Benicia Pool 12 months/year $14,652 $2,809 $17,461
Benicia Ballfield2 LEASE $1,087 $625 $1,712
Dorotea 12 months/year $13,021 $3,126 $16,147
Eagle 12 months/year $13,021 $3,126 $16,147
Ladybug 12 months/year $14,381 $2,809 $17,190
Vehicle Needs3 $8,558
TOTAL $136,865 $31,112 $176,537
1. Labor costs assume the following hours for a full-time employee for major repairs: 30 hrs/yr at Colegio
Vista and Benicia Pool, 40 hrs/yr at Alicia and 25 hrs/yr for Ladybug; Part-time employee for cleaning and
stocking of supplies in all restrooms: 20 hrs a week during peak season and 14 hrs a week during non-peak
season.
2. Costs for leased properties include 20 hours per year for the full-time employee for vandalism repair and
$625 a year for supplies associated with vandalism.
3. Vehicle needs include fleet services, replacement, and fuel for the year.
Project Phasing
Staff is proposing a phased approach to reopening parks restrooms. The identified capital
improvements and anticipated operating expenses are projected to ensure a long-term successful
restroom reopening. However, these strategies have not been tested and the costs, particularly
operating costs, are only estimates. The only way to validate the strategies and costs is to reopen
the restrooms and to verify. Upon reopening specific park restrooms in an initial phase, staff
would have the opportunity to evaluate construction and vandalism prevention strategies as well
as operating and maintenance costs and adjust strategies and cost estimates for future phases of
work.
Initial Phase
Benicia Park Pool, Colegio Vista Park, and Alicia Park (playground area) have bond and CDBG
funds available for capital improvements. As the first phase of restroom reopening, staff is
proposing to complete the needed capital improvements of the three restrooms that currently
have available funding and reopen these restrooms in late spring or early summer 2016.
Ladybug Park Restroom (located near the former pool sight) also has bond funding available;
however, due to its location and very low use, staff is recommending leaving this restroom
closed at this time and reallocate the bond funds to other projects on the bond project list.
ITEM NO. ____
9
FISCAL IMPACT/FUNDING SOURCE:
Available funding and estimated cost for the proposed initial phase of restroom reopening is
detailed in the table below.
Table 4: Initial Phase Restroom Reopening Expense Summary
Facility Estimated
Capital Costs
Available
Funding
Additional Capital
Funding Needed
Annual Operation &
Maintenance Costs
Benicia Pool $207,672 $207,672
(BOND) $0. $17,461
Alicia Playground $114,390 $114,390
(BOND) $0. $18,005
Colegio Vista $207,672 $138,000
(CDBG) $69,672 $17,615
Total $529,734 ($460,062) $69,672 $53,081
An additional $69,672 is needed to fully fund the reconstruction of Colegio Vista Park restroom.
If the City Council approves staff’s recommendation, staff would prepare a budget amendment
for increased appropriations to fund the additional capital expenses for City Council approval. A
possible funding source for the additional funds could be from the Public Works Parks Operating
Budget through a transfer to the Capital Improvement Fund.
Funding for operating and maintenance expenses for the initial phase of restroom reopening is
not included in the 2015-16 Operating Budget. If the City Council approves staff’s
recommendation and the restrooms were opened this fiscal year (late spring), staff would prepare
a budget amendment for increased appropriations to fund the added expenses for City Council
approval. Funds would otherwise be included in the 2016/2017 Operating Budget for operation
and maintenance costs.
Department Head Approval Date: 10/30/15
City Manager Approval Date: 11/4/15
City Attorney Approval Date: N/A
Attachments:
1. Park Restroom Conditions and Costs Table
4/10/15
B:\Facilities - Bond Projects\Restrooms\Parks Restroom Upgrades Const.Costs R7
DRAFT R-7
Park Restroom Re-opening Project
Facility
Usage
Type SF Construction Visibility Location Access
Lighting -
Outdoor Security Fixtures
Vandalism
Frequency
Bldg
Strategy5
Initial Capital (Construction/ Materials + 35%
Construction Contingency)6 O&M - Total per Year
Phase 1 - Funded Projects
Alicia - Park 286 2 1 2 1 1 1 1 H Rehab-H $114,390 $18,005
Alicia Park Bond Funded -$114,390 Bond $114,390
Colegio Vista *CDBG3 289 1 2 2 1 1 1 2 L New $179,066 $17,615
Construction Management $28,606 20% of CON
Colegio Vista CDBG Funded -$138,000
Benicia Pool (new)4 120 NEW NEW NEW NEW NEW NEW NEW N/A New $178,847 $17,461
Benicia Pool included in Renovation Project No 2014-06 -$178,847
Ladybug 3 2 2 3 1 2 L Rehab-L $56,683 $17,190
Ladybug Park Bond Funded -$56,683 Bond $55,761
Subtotal $69,671 $70,271
Phase 2 - Undfunded
Magnolia - Fields High 550 2 2 2 2 2 1 2 M Rehab-H $107,916 $15,831
Magnolia - Pools High 3 2 3 3 3 1 2 L Rehab-L $62,859 $12,155
Alicia - Ballfield2 High 272 1 1 1 2 2 1 1 N/A Lease $0 $1,712
Golis High 225 2 2 3 2 1 1 2 H Rehab-H $114,129 $16,147
Sunrise Mod 2 2 3 2 2 1 2 M Rehab-L $62,897 $16,147
Benicia Ballfield2 Mod 484 1 N/A N/A N/A N/A N/A N/A N/A Lease $0 $1,712
Honeybee- District Property2 Mod 500 1 N/A N/A N/A N/A N/A N/A N/A Lease $0 $1,712
Dorotea Low 126 1 1 1 2 2 1 2 M New $179,066 $16,147
Construction Management $28,606 20% of CON
Eagle Low 210 1 2 2 1 2 1 2 L Rehab-L $62,117 $16,147
Subtotal $617,589 $97,708
TOTAL COST $687,260 $167,979
Vehicle Needs $30,000 $8,558
TOTAL COST $717,260 $176,537
Note:
1Current Conditions Rating Scale
3-Good
2-Fair
1-Poor
2Restrooms at Alicia Ballfield and Benicia Ballfield will not be upgraded and will be leased to the League. Honeybee Park is located on school property and will not be upgraded. O&M costs for Vandalism are included.
3 Final Decision/Approval of CDBG funding of $138,000 is pending as of 3/27/15. Approval should be known by May 2015. CDBG application included both Alicia Park and Colegio Vista Park
4A new restroom at Benicia Pool is being constructed with the Pool Rehabilitation Project Summer 2015.
5Building Strategy includes Rehab, New, or Lease. "Rehab" consists of painting of building and replacement of all fixtures in kind and in the same location as existing. "H" indicates High level of rehab effort (50% of
cost of New estimated costs). "L" indicates Low level of rehab effort (20% of cost of New estimated costs)
"New" consists of demolishing (e) structure and replacing with a new CMU block with concrete floor structure with 1 men's and 1 women's room (1 toilet each).
"Lease" consists of leaving facility as is and only providing costs for vandalism or major repairs.
6Construction Materials include estimated costs for "Rehab" of existing or "New" facility. Costs were estimated by utilizing a staff report prepared in 2012 by Salt Lake City for their City Council regarding Costs of
Building Public Restrooms. Costs are being estimated at a planning level; See detailed spreadsheets "COST DETAILS" tab for additional information.
NOTE: NEW buildings already have a 10% contingency included. Add 25% contingency to CIP costs only
Legend:Approved Alternative Funding
Non-Discretionary ItemsCurrent Conditions1
UNIT COSTS DETAILS PER BATHROOM
Planning-Level Cost Estimate
Non-Discretionary - Capital Costs Qty Unit Unit Cost Total Cost
Mobilization 10%1.00 LS $0.00
New Building Construction See: COST Bldg 1.00 LS $0.00
Rehab Building See: COST Bldg 1.00 LS $0.00
Outside Lighting 1.00 EA $1,000.00 $1,000.00
Inside Lighting 1.00 EA $500.00 $500.00
Toilet 1.00 EA $1,500.00 $1,500.00
Urinal 1.00 EA $500.00 $500.00
Sink 1.00 EA $500.00 $500.00
Toilet Paper Dispenser 1.00 EA $100.00 $100.00
Garbage Can (plastic)1.00 EA $25.00 $25.00
Cameras, door lock, intrusion alarm 1.00 EA $15,000.00 $15,000.00
ADA Pathway to Nearest Walkway 1.00 SF $1.44 $1.44
Subtotal $18,126.44
Non-Discretionary - O&M Costs Per Year Qty Unit Unit Cost Total Cost
1Labor Peak 6mos: 20 hrs x 26 weeks (52/2) = 520 hrs 520.00 hrs/yr $13.50 $7,020.00
M-Thrs 2 hrs per Restroom (2 hrs x 4 days = 8hrs)
Fri-Sun 2 hrs per Restroom 2x day (4 hrs x 3 days = 12 hrs)
Labor non-Peak 6 mos: 14 hrs x 26 weeks (54/2) = 364 hrs 364.00 hrs/yr $13.50 $4,914.00
M-Sun 2 hrs per Restroom (2 hrs x 7 days + 14 hrs)
Labor Non-Peak 2 mos: 14 hrs x 8 weeks (2 mos) = 112 112.00 hrs/yr $13.50 $1,512.00
M-Sun 2 hrs per Restroom (2 hrs x 7 days + 14 hrs)
Vehicles
Truck
Materials
Toilet Paper 4.00 Case $54.00 $216.00
Soap for cleaning/maintenance ($2,500/yr for all)1.00 LS $208.33 $208.33
Garbage Bags ($50/case x 12 mos)12.00 Case $50.00 $600.00
Contracted services (alarm)1.00 LS $900.00 $900.00
Vandalism
Labor (assume 20 hrs/yr per facility)20.00 hrs/yr $54.36 $1,087.20
Supplies (assume $7,500/yr for all)1.00 LS $625.00 $625.00
Discretionary - Capital Costs Qty Unit Unit Cost Total Cost
Paper Towel Dispenser Materials 1.00 EA $50.00 $50.00
Soap Dispenser Materials 1.00 EA $50.00 $50.00
Seat Cover Dispenser 1.00 LS $125.00 $125.00
Subtotal $225.00
Discretionary - O&M Costs Per Year Qty Unit Unit Cost Total Cost
Materials
Paper Towels 4.00 Case $54.00 $216.00
Soap (hand washing) $5/ea x 52 weeks 52.00 EA $5.00 $260.00
Toilet Seat Covers 2.00 Case $50.00 $100.00
Subtotal $576.00
Notes:
1. Assume labor hours for park attendent include other minor park duties including pulling weeds,
dumping park garbage cans, litter, vandalism repairs, minor maintance
LABOR
SMA Labor Costs Per Year Qty Unit Unit Cost Total Cost
1Labor Peak 6mos: 20 hrs x 26 weeks (52/2) = 520 hrs 520.00 hrs/yr $13.50 $7,020.00
M-Thrs 2 hrs per Restroom (2 hrs x 4 days = 8hrs)
Fri-Sun 2 hrs per Restroom 2x day (4 hrs x 3 days = 12 hrs)
Labor non-Peak 6 mos: 14 hrs x 26 weeks (54/2) = 364 hrs 364.00 hrs/yr $13.50 $4,914.00
M-Sun 2 hrs per Restroom (2 hrs x 7 days + 14 hrs)
Labor Non-Peak 2 mos: 14 hrs x 8 weeks (2 mos) = 112 112.00 hrs/yr $13.50 $1,512.00
M-Sun 2 hrs per Restroom (2 hrs x 7 days + 14 hrs)
CV A-Park B-Park L-Park TOTAL Rate Total Cost
Full Time (Major Repairs)30 40 30 25 125 $54.36 $6,795.00
Part Time (SMA - Cleaning/routine)884 884 884 884 3,536 $13.50 $47,736.00
Over Time (Call outs - estimate 2 hrs per week)104 $75.00 $7,800.00
Rectuitment (SMA - $75 for Craigslist, Fingerprints $32, Medical
$78, Drug Screen $78) x 2 a year $526
SCADA cell Cell RTU ?
Vehicle x 1 $30,000
Fleet Services/yr $1,558
Replacement/yr $4,000
Fuel/yr $3,000
Costs for NEW Building Public Restroom Construction
1 room 4 room 6 room
Salt Lake City Engineering (2009/2010 Project)$158,264.00
ROMTEC, Inc $82,571.00 $149,293.00 $204,523.00
CXT Concrete Buildings $78,614.00 $199,370.00 $127,030.00
Hunter Knepshield Co $92,702.00 $181,266.00 $222,047.00
Restroom Facilities Ltd $148,460.00 $351,483.00 $491,646.00
Public Restroom Company $117,281.00 $205,111.00 $247,387.00
The Portland Loo $156,000.00
American Ready Kontainer $217,750.00
Average per 1 room by types of building $112,604.67 $208,933.86 $258,526.60
1 2 3 4
Assumption of per stall cost - NEW $112,604.67 $160,769.26 $184,866.26 $208,933.86
Rounded costs $115,000.00 $160,000.00 $185,000.00 $210,000.00
Rehab "High" cost (50% of New Cost)$57,500.00 $80,000.00 $92,500.00 $105,000.00
Rehab "Low" cost (20% of New Cost)$23,000.00 $32,000.00 $37,000.00 $42,000.00
Facility No. of stalls New Rehabilitate
High Use
Magnolia - Fields "High"1 $57,500.00
Magnolia - Pools "Low"1 $23,000.00
Alicia - Park "High"1 $57,500.00
Alicia - Ballfield*N/A
Golis "High"1 $57,500.00
Moderate Use
Sunrise "Low"1 $23,000.00
Collegio Vista 1 $115,000.00
Benicia Pool (new)**1 $115,000.00
Benicia Ballfield *N/A
Honeybee- District Property N/A
Lower Use
Dorotea 2 $115,000.00
Eagle "Low"2 $23,000.00
Ladybug "Low"2 $23,000.00
Items included in the costs:
*Building façade: CMU split face block with anti-graffiti coating outside and epoxy finish on concrete floor
*Gable truss roof with metal standing seam roof, metal fascia, drip soffit
*Doors: metal standard paint, with anti-graffiti coating
*Stainless steel toilets and urinals with auto flush
*Stainless steel soap dispenser and hand dryer exterior mount
*Stainless steel hand basin mounted on exterior wall with auto faucet and enclosed piping
*Interior lights to be motion light-sensitive activation
*Exterior lighting to have light sensitive activation
*Metal grab bars in ADA accessible rooms
*5'wide 4000 psi concrete walk continuous around building
*10-20 gallon hot water heater
NOTE: This estimate is based on a staff report prepared January 15, 2013 by Salt Lake City for their City Council
regarding Cost of Building Public Restrooms. The costs include the items noted above in building vendor estimate
in addition to site work/utilities, admin/engineering (20% of CON), and 10% contingency.
MAGNOLIA FIELD - REHAB BUILDING
Planning-Level Cost Estimate
Non-Discretionary - Capital Costs Qty Unit Unit Cost Total Cost
Mobilization (10%)1.00 LS $7,262.50 $7,262.50
New Building Construction - Not Needed 0.00 LS $0.00 $0.00
Rehab Building - "High"1.00 LS $57,500.00 $57,500.00
Outside Lighting 0.00 EA $1,000.00 $0.00
Inside Lighting (x2)0.00 EA $500.00 $0.00
Toilet (1)0.00 EA $1,500.00 $0.00
Urinal 0.00 EA $500.00 $0.00
Sink (1)0.00 EA $500.00 $0.00
Toilet Paper Dispenser (x1)1.00 EA $100.00 $100.00
Garbage Can (plastic) x1 1.00 EA $25.00 $25.00
Cameras, door lock, intrusion alarm 1.00 EA $15,000.00 $15,000.00
ADA Pathway to Nearest Walkway - Not Needed 0.00 SF $1.44 $0.00
Subtotal $79,887.50
Non-Discretionary - O&M Costs Per Year Qty Unit Unit Cost Total Cost
*Labor SMA - part-time 884.00 hrs/yr $13.50 $11,934.00
Materials
Toilet Paper (4 cases per restroom)4.00 Case $54.00 $216.00
Soap for cleaning/maintenance ($2,500/yr for all)1.00 LS $208.33 $208.33
Garbage Bags ($50/case x 12 mos)12.00 Case $50.00 $600.00
Contracted services (alarm) $75/mo for 12 mos 1.00 LS $900.00 $900.00
Vandalism
Labor (assume 20 hrs/yr per facility)20.00 hrs/yr $54.36 $1,087.20
Supplies (assume $7,500/yr for all)1.00 LS $625.00 $625.00
Subtotal $15,570.53
TOTAL Capital and O&M $95,458.03
35% Planning Level Contingency on Capital Costs only $27,960.63
TOTAL NON-DISCRETIONARY $123,418.66
Discretionary - Capital Costs Qty Unit Unit Cost Total Cost
Paper Towel Dispenser Materials x 1 0.00 EA $50.00 $0.00
Soap Dispenser Materials x 1 1.00 EA $50.00 $50.00
Seat Cover Dispenser x 1 0.00 LS $125.00 $0.00
Subtotal $50.00
Discretionary - O&M Costs Per Year Qty Unit Unit Cost Total Cost
Materials
Paper Towels (4 cases/yr)0.00 Case $54.00 $0.00
Soap (hand washing) ($5/ea x 52 weeks) 52.00 EA $5.00 $260.00
Toilet Seat Covers (2 cases/yr)0.00 Case $50.00 $0.00
Subtotal $260.00
TOTAL Capital and O&M $310.00
35% Planning Level Contingency on Capital Costs only $17.50
TOTAL DISCRETIONARY $327.50
Total Non-Discretionary and Discretionary $123,746.16
Comments:
*Assume open 12 months/year
**Existing facility has 2 urinals, 1 toilet Men's, and 2 toilets Women's
MAGNOLIA POOLS - REHAB BUILDING
Planning-Level Cost Estimate
Non-Discretionary - Capital Costs Qty Unit Unit Cost Total Cost
Mobilization (10%)1.00 LS $4,212.50 $4,212.50
New Building Construction - Not Needed 0.00 LS $0.00 $0.00
Rehab Building 1.00 LS $23,000.00 $23,000.00
Outside Lighting 1.00 EA $1,000.00 $1,000.00
Inside Lighting (x2)2.00 EA $500.00 $1,000.00
Toilet (1)1.00 EA $1,500.00 $1,500.00
Urinal - Not Needed 0.00 EA $500.00 $0.00
Sink (1))1.00 EA $500.00 $500.00
Toilet Paper Dispenser (1)1.00 EA $100.00 $100.00
Garbage Can (plastic) x1 1.00 EA $25.00 $25.00
Cameras, door lock, intrusion alarm 1.00 EA $15,000.00 $15,000.00
ADA Pathway to Nearest Walkway - Not Needed 0.00 SF $1.44 $0.00
Subtotal $46,337.50
Non-Discretionary - O&M Costs Per Year Qty Unit Unit Cost Total Cost
*Labor 632.00 hrs/yr $13.50 $8,532.00
Materials
Toilet Paper (4 cases per restroom)4.00 Case $54.00 $216.00
Soap for cleaning/maintenance ($2,500/yr for all)1.00 LS $208.33 $208.33
Garbage Bags ($50/case x 8 mos)8.00 Case $50.00 $400.00
Contracted services (alarm) $75/mo for 8 mos 1.00 LS $600.00 $600.00
Vandalism
Labor (assume 20 hrs/yr per facility)20.00 hrs/yr $54.36 $1,087.20
Supplies (assume $7,500/yr for all)1.00 LS $625.00 $625.00
Subtotal $11,668.53
TOTAL Capital and O&M $58,006.03
35% Planning Level Contingency on Capital Costs only $16,218.13
TOTAL NON-DISCRETIONARY $74,224.16
Discretionary - Capital Costs Qty Unit Unit Cost Total Cost
Paper Towel Dispenser Materials 1.00 EA $50.00 $50.00
Soap Dispenser Materials 1.00 EA $50.00 $50.00
Seat Cover Dispenser 1.00 LS $125.00 $125.00
Subtotal $225.00
Discretionary - O&M Costs Per Year Qty Unit Unit Cost Total Cost
Materials
Paper Towels (4 cases/yr)4.00 Case $54.00 $216.00
Soap (hand washing) ($5/ea x 34 weeks)34.00 EA $5.00 $170.00
Toilet Seat Covers (2 cases/yr)2.00 Case $50.00 $100.00
Subtotal $486.00
TOTAL Capital and O&M $711.00
35% Planning Level Contingency on Capital Costs only $78.75
TOTAL DISCRETIONARY $789.75
Total Non-Discretionary and Discretionary $75,013.91
Comments:
*Assume open 8 months/year
ALICIA PARK - REHAB BUILDING
Planning-Level Cost Estimate
Non-Discretionary - Capital Costs Qty Unit Unit Cost Total Cost
Mobilization (10%)1.00 LS $7,698.50 $7,698.50
New Building Construction 0.00 LS $0.00 $0.00
Rehab Building 1.00 LS $57,500.00 $57,500.00
Outside Lighting 1.00 EA $1,000.00 $1,000.00
Inside Lighting (x2)2.00 EA $500.00 $1,000.00
Toilet (1)1.00 EA $1,500.00 $1,500.00
Urinal none 0.00 EA $500.00 $0.00
Sink (1)1.00 EA $500.00 $500.00
Toilet Paper Dispenser (1)1.00 EA $100.00 $100.00
Garbage Can (plastic) x1 1.00 EA $25.00 $25.00
Cameras, door lock, intrusion alarm 1.00 EA $15,000.00 $15,000.00
ADA Pathway to Nearest Walkway 250.00 SF $1.44 $360.00
Subtotal $84,683.50
Non-Discretionary - O&M Costs Per Year Qty Unit Unit Cost Total Cost
*Labor Part-Time SMA 884.00 hrs/yr $13.50 $11,934.00
*Labor Full-Time 40.00 hrs/yr $54.36 $2,174.40
Materials
Toilet Paper (4 cases per toilet)4.00 Case $54.00 $216.00
Soap for cleaning/maintenance ($2,500/yr for all)1.00 LS $208.33 $208.33
Garbage Bags ($50/case x 12 mos)12.00 Case $50.00 $600.00
Contracted services (alarm) $75/mo for 12 mos 1.00 LS $900.00 $900.00
Vandalism
Labor (assume 20 hrs/yr per facility)20.00 hrs/yr $54.36 $1,087.20
Supplies (assume $7,500/yr for all)1.00 LS $625.00 $625.00
Subtotal $17,744.93
TOTAL Capital and O&M $102,428.43
35% Planning Level Contingency on Capital Costs only $29,639.23
TOTAL NON-DISCRETIONARY $132,067.66
Discretionary - Capital Costs Qty Unit Unit Cost Total Cost
Paper Towel Dispenser Materials 0.00 EA $50.00 $0.00
Soap Dispenser Materials 1.00 EA $50.00 $50.00
Seat Cover Dispenser 0.00 LS $125.00 $0.00
Subtotal $50.00
Discretionary - O&M Costs Per Year Qty Unit Unit Cost Total Cost
Materials
Paper Towels (4 cases/yr)0.00 Case $54.00 $0.00
Soap (hand washing) ($5/ea x 52 weeks)52.00 EA $5.00 $260.00
Toilet Seat Covers (2 cases/yr)0.00 Case $50.00 $0.00
Subtotal $260.00
TOTAL Capital and O&M $310.00
35% Planning Level Contingency on Capital Costs only $17.50
TOTAL DISCRETIONARY $327.50
Total Non-Discretionary and Discretionary $132,395.16
Comments:
* Assume facility open 12 mos/yr
** Exterior building condition good with newer roof and ADA access at door. No existing outdoor lighting
Need 50' ADA Path from pkg to bathroom
ALICIA BALLFIELD - LEASE BUILDING
Planning-Level Cost Estimate
Non-Discretionary - Capital Costs Qty Unit Unit Cost Total Cost
Mobilization (10%)0.00 LS $0.00 $0.00
New Building Construction - Not Needed 0.00 LS $0.00 $0.00
Rehab Building 0.00 LS $0.00 $0.00
Outside Lighting 0.00 EA $1,000.00 $0.00
Inside Lighting (x2)0.00 EA $500.00 $0.00
Toilet (x 2)0.00 EA $1,500.00 $0.00
Urinal - Not Needed 0.00 EA $500.00 $0.00
Sink (x 2)0.00 EA $500.00 $0.00
Toilet Paper Dispenser (x2)0.00 EA $100.00 $0.00
Garbage Can (plastic) x2 0.00 EA $25.00 $0.00
Cameras, door lock, intrusion alarm 0.00 EA $15,000.00 $0.00
ADA Pathway to Nearest Walkway - Not Needed 0.00 SF $1.44 $0.00
Subtotal $0.00
Non-Discretionary - O&M Costs Per Year Qty Unit Unit Cost Total Cost
*Labor 0.00 hrs/yr $13.50 $0.00
Materials
Toilet Paper (4 cases per restroom x 2)0.00 Case $54.00 $0.00
Soap for cleaning/maintenance ($2,500/yr for all)0.00 LS $208.33 $0.00
Garbage Bags ($50/case x 12 mos)0.00 Case $50.00 $0.00
Contracted services (alarm)LS $900.00 $0.00
Vandalism
Labor (assume 20 hrs/yr per facility)20.00 hrs/yr $54.36 $1,087.20
Supplies (assume $7,500/yr for all)1.00 LS $625.00 $625.00
Subtotal $1,712.20
Discretionary - Capital Costs Qty Unit Unit Cost Total Cost
Paper Towel Dispenser Materials x 2 0.00 EA $50.00 $0.00
Soap Dispenser Materials x 2 0.00 EA $50.00 $0.00
Seat Cover Dispenser x 2 0.00 LS $125.00 $0.00
Subtotal $0.00
Discretionary - O&M Costs Per Year Qty Unit Unit Cost Total Cost
Materials
Paper Towels (4 cases/yr x 2)0.00 Case $54.00 $0.00
Soap (hand washing) ($5/ea x 52 weeks) x 2 0.00 EA $5.00 $0.00
Toilet Seat Covers (2 cases/yr x 2)0.00 Case $50.00 $0.00
Subtotal $0.00
* Assume facility open 8 mos/yr
* Facility is in good condition. Part of large snack bar building, in use and maintained currently by
Cal Ripken Baseball
GOLIS PARK - REHAB BUILDING
Planning-Level Cost Estimate
Non-Discretionary - Capital Costs Qty Unit Unit Cost Total Cost
Mobilization (10%)1.00 LS $7,665.00 $7,665.00
New Building Construction - Not Needed 0.00 LS $0.00 $0.00
Rehab Building 1.00 LS $57,500.00 $57,500.00
Outside Lighting 1.00 EA $1,000.00 $1,000.00
Inside Lighting (x2)2.00 EA $500.00 $1,000.00
Toilet (1)1.00 EA $1,500.00 $1,500.00
Urinal - Not Needed EA $500.00 $0.00
Sink (1)1.00 EA $500.00 $500.00
Toilet Paper Dispenser (x1)1.00 EA $100.00 $100.00
Garbage Can (plastic) x2 2.00 EA $25.00 $50.00
Cameras, door lock, intrusion alarm 1.00 EA $15,000.00 $15,000.00
ADA Pathway to Nearest Walkway - Not Needed 0.00 SF $1.44 $0.00
Subtotal $84,315.00
Non-Discretionary - O&M Costs Per Year Qty Unit Unit Cost Total Cost
*Labor 884.00 hrs/yr $13.50 $11,934.00
Materials
Toilet Paper (4 cases per restroom)4.00 Case $54.00 $216.00
Soap for cleaning/maintenance ($2,500/yr for all)1.00 LS $208.33 $208.33
Garbage Bags ($50/case x 12 mos)12.00 Case $50.00 $600.00
Contracted services (alarm) $75/mo for 12 mos 1.00 LS $900.00 $900.00
Vandalism
Labor (assume 20 hrs/yr per facility)20.00 hrs/yr $54.36 $1,087.20
Supplies (assume $7,500/yr for all)1.00 LS $625.00 $625.00
Subtotal $15,570.53
TOTAL Capital and O&M $99,885.53
35% Planning Level Contingency on Capital Costs only $29,510.25
TOTAL NON-DISCRETIONARY $129,395.78
Discretionary - Capital Costs Qty Unit Unit Cost Total Cost
Paper Towel Dispenser Materials 1.00 EA $50.00 $50.00
Soap Dispenser Materials 1.00 EA $50.00 $50.00
Seat Cover Dispenser 1.00 LS $125.00 $125.00
Subtotal $225.00
Discretionary - O&M Costs Per Year Qty Unit Unit Cost Total Cost
Materials
Paper Towels (4 cases/yr)4.00 Case $54.00 $216.00
Soap (hand washing) ($5/ea x 52 weeks)52.00 EA $5.00 $260.00
Toilet Seat Covers (2 cases/yr )2.00 Case $50.00 $100.00
Subtotal $576.00
TOTAL Capital and O&M $801.00
35% Planning Level Contingency on Capital Costs only $78.75
TOTAL DISCRETIONARY $879.75
Total Non-Discretionary and Discretionary $130,275.53
Comments:
* Assume facility open 12 mos/yr
* Both bathrooms have been heavily vandalized by an explosive causing shrapnel damage to ceilings.
Mirrors are vandalized
SUNRISE PARK - REHAB BUILDING
Planning-Level Cost Estimate
Non-Discretionary - Capital Costs Qty Unit Unit Cost Total Cost
Mobilization (10%)1.00 LS $4,215.00 $4,215.00
New Building Construction - Not Needed 0.00 LS $0.00 $0.00
Rehab Building 1.00 LS $23,000.00 $23,000.00
Outside Lighting 1.00 EA $1,000.00 $1,000.00
Inside Lighting (x2)2.00 EA $500.00 $1,000.00
Toilet (1)1.00 EA $1,500.00 $1,500.00
Urinal - Not Needed 0.00 EA $500.00 $0.00
Sink (1)1.00 EA $500.00 $500.00
Toilet Paper Dispenser (1)1.00 EA $100.00 $100.00
Garbage Can (plastic) x2 2.00 EA $25.00 $50.00
Cameras, door lock, intrusion alarm 1.00 EA $15,000.00 $15,000.00
ADA Pathway to Nearest Walkway - Not Needed 0.00 SF $1.44 $0.00
Subtotal $46,365.00
Non-Discretionary - O&M Costs Per Year Qty Unit Unit Cost Total Cost
*Labor 884.00 hrs/yr $13.50 $11,934.00
Materials
Toilet Paper (4 cases per restroom)4.00 Case $54.00 $216.00
Soap for cleaning/maintenance ($2,500/yr for all)1.00 LS $208.33 $208.33
Garbage Bags ($50/case x 12 mos)12.00 Case $50.00 $600.00
Contracted services (alarm) $75/mo for 12 mos 1.00 LS $900.00 $900.00
Vandalism
Labor (assume 20 hrs/yr per facility)20.00 hrs/yr $54.36 $1,087.20
Supplies (assume $7,500/yr for all)1.00 LS $625.00 $625.00
Subtotal $15,570.53
TOTAL Capital and O&M $61,935.53
35% Planning Level Contingency on Capital Costs only $16,227.75
TOTAL NON-DISCRETIONARY $78,163.28
Discretionary - Capital Costs Qty Unit Unit Cost Total Cost
Paper Towel Dispenser Materials 1.00 EA $50.00 $50.00
Soap Dispenser Materials 1.00 EA $50.00 $50.00
Seat Cover Dispenser 1.00 LS $125.00 $125.00
Subtotal $225.00
Discretionary - O&M Costs Per Year Qty Unit Unit Cost Total Cost
Materials
Paper Towels (4 cases/yr)4.00 Case $54.00 $216.00
Soap (hand washing) ($5/ea x 52 weeks)52.00 EA $5.00 $260.00
Toilet Seat Covers (2 cases/yr)2.00 Case $50.00 $100.00
Subtotal $576.00
TOTAL Capital and O&M $801.00
35% Planning Level Contingency on Capital Costs only $78.75
TOTAL DISCRETIONARY $879.75
Total Non-Discretionary and Discretionary $79,043.03
Comments:
* Assume facility open 12 mos/yr
*Restroom interiors are poor. Toilets have duct tape on the back covering exposed hardware.
COLEGIO VISTA - TO BE DEMOLISHED AND REPLACED WITH NEW
Planning-Level Cost Estimate
Non-Discretionary - Capital Costs Qty Unit Unit Cost Total Cost
Mobilization (10%)1.00 LS $13,002.50 $13,002.50
New Building Construction (1 room)1.00 LS $115,000.00 $115,000.00
Rehab Building - Not Needed 0.00 LS $0.00 $0.00
Outside Lighting 0.00 EA $1,000.00 $0.00
Inside Lighting (x2)0.00 EA $500.00 $0.00
Toilet (1 Men's, 2 Women's)0.00 EA $1,500.00 $0.00
Urinal 0.00 EA $500.00 $0.00
Sink (x 2)0.00 EA $500.00 $0.00
Toilet Paper Dispenser (1)0.00 EA $100.00 $0.00
Garbage Can (plastic) x1 1.00 EA $25.00 $25.00
Cameras, door lock, intrusion alarm 1.00 EA $15,000.00 $15,000.00
ADA Pathway to Nearest Walkway - 50' (included in bldg)0.00 SF $1.44 $0.00
Subtotal $143,027.50
Non-Discretionary - O&M Costs Per Year Qty Unit Unit Cost Total Cost
*Labor Part-time SMA 884.00 hrs/yr $13.50 $11,934.00
*Labor - Full Time 30.00 hrs/yr $54.36 $1,630.80
Materials
Toilet Paper (4 cases per restroom)1.00 Case $54.00 $54.00
Soap for cleaning/maintenance ($2,500/yr for all)1.00 LS $208.33 $208.33
Garbage Bags ($50/case x 12 mos)12.00 Case $50.00 $600.00
Contracted services (alarm) $75/mo for 12 mos 1.00 LS $900.00 $900.00
Vandalism
Labor (assume 20 hrs/yr per facility)20.00 hrs/yr $54.36 $1,087.20
Supplies (assume $7,500/yr for all)1.00 LS $625.00 $625.00
Subtotal $17,039.33
TOTAL Capital and O&M $160,066.83
35% Planning Level Contingency on Capital Costs only $50,059.63
TOTAL NON-DISCRETIONARY $210,126.46
Discretionary - Capital Costs Qty Unit Unit Cost Total Cost
Paper Towel Dispenser Materials 1.00 EA $50.00 $50.00
Soap Dispenser Materials 1.00 EA $50.00 $50.00
Seat Cover Dispenser 1.00 LS $125.00 $125.00
Subtotal $225.00
Discretionary - O&M Costs Per Year Qty Unit Unit Cost Total Cost
Materials
Paper Towels (4 cases/yr)4.00 Case $54.00 $216.00
Soap (hand washing) ($5/ea x 52 weeks)52.00 EA $5.00 $260.00
Toilet Seat Covers (2 cases/yr)2.00 Case $50.00 $100.00
Subtotal $576.00
TOTAL Capital and O&M $801.00
35% Planning Level Contingency on Capital Costs only $78.75
TOTAL DISCRETIONARY $879.75
Total Non-Discretionary and Discretionary $211,006.21
Comments:
* Assume facility open 12 mos/yr
Large step to get into restrooms, accessibility ramp may be possible. Drinking fountain attached to building.
BENICIA POOL (New Restroom) Family Bathroom - 1 Stall
Planning-Level Cost Estimate
Non-Discretionary - Capital Costs Qty Unit Unit Cost Total Cost
Mobilization (10%)1.00 LS $13,002.50 $13,002.50
New Building Construction 1.00 LS $115,000.00 $115,000.00
Rebah Building - Not Needed 0.00 LS $0.00 $0.00
Outside Lighting 0.00 EA $1,000.00 $0.00
Inside Lighting (x1)0.00 EA $500.00 $0.00
Toilet (x 1)0.00 EA $1,500.00 $0.00
Urinal - Not Needed 0.00 EA $500.00 $0.00
Sink (x 2)0.00 EA $500.00 $0.00
Toilet Paper Dispenser (x1)0.00 EA $100.00 $0.00
Garbage Can (plastic) x1 1.00 EA $25.00 $25.00
Cameras, door lock, intrusion alarm 1.00 EA $15,000.00 $15,000.00
ADA Pathway to Nearest Walkway - Not Needed 0.00 SF $1.44 $0.00
Subtotal $143,027.50
Non-Discretionary - O&M Costs Per Year Qty Unit Unit Cost Total Cost
*Labor Part-time SMA 884.00 hrs/yr $13.50 $11,934.00
*Labor Full-time 30.00 hrs/yr $54.36 $1,630.80
Materials
Toilet Paper (4 cases per restroom x 1)4.00 Case $54.00 $216.00
Soap for cleaning/maintenance ($2,500/yr for all)1.00 LS $208.33 $208.33
Garbage Bags ($50/case x 12 mos)12.00 Case $50.00 $600.00
Contracted services (alarm) $75/mo for 12 mos 1.00 LS $900.00 $900.00
Vandalism
Labor (assume 20 hrs/yr per facility)20.00 hrs/yr $54.36 $1,087.20
Supplies (assume $7,500/yr for all)1.00 LS $625.00 $625.00
Subtotal $17,201.33
TOTAL Capital and O&M $160,228.83
35% Planning Level Contingency on Capital Costs only $35,756.88
TOTAL NON-DISCRETIONARY $195,985.71
Discretionary - Capital Costs Qty Unit Unit Cost Total Cost
Paper Towel Dispenser Materials x 1 0.00 EA $50.00 $0.00
Soap Dispenser Materials x 1 1.00 EA $50.00 $50.00
Seat Cover Dispenser x 1 0.00 LS $125.00 $0.00
Subtotal $50.00
Discretionary - O&M Costs Per Year Qty Unit Unit Cost Total Cost
Materials
Paper Towels (4 cases/yr x 1)0.00 Case $54.00 $0.00
Soap (hand washing) ($5/ea x 52 weeks) x 1 52.00 EA $5.00 $260.00
Toilet Seat Covers (2 cases/yr x 1)0.00 Case $50.00 $0.00
Subtotal $260.00
TOTAL Capital and O&M $310.00
25% Planning Level Contingency on Capital Costs only $12.50
TOTAL DISCRETIONARY $322.50
Total Non-Discretionary and Discretionary $196,308.21
Comments:
* Assume Benicia Pool open 12 mos/yr; Benicia Ballfield open 8 mos year
BENICIA BALLFIELDS - TO REMAIN AS IS (NO REHAB) AND TO BE LEASED
Planning-Level Cost Estimate
Non-Discretionary - Capital Costs Qty Unit Unit Cost Total Cost
Mobilization LS $0.00 $0.00
New Building Construction LS $0.00 $0.00
Rehab Building
Outside Lighting EA $1,000.00 $0.00
Inside Lighting (x2)EA $500.00 $0.00
Toilet (x 2)EA $1,500.00 $0.00
Urinal EA $500.00 $0.00
Sink (x 2)EA $500.00 $0.00
Toilet Paper Dispenser (x2)EA $100.00 $0.00
Garbage Can (plastic) EA $25.00 $0.00
Cameras EA ########$0.00
Door Locks x 2 (one for each door)EA #REF!#REF!
Intrusion Alarm EA #REF!#REF!
ADA Pathway to Nearest Walkway SF $1.44 $0.00
Subtotal #REF!
Non-Discretionary - O&M Costs Per Year Qty Unit Unit Cost Total Cost
*Labor hrs/yr $13.50 $0.00
Materials
Toilet Paper (4 cases per restroom x 2)Case $54.00 $0.00
Soap for cleaning/maintenance ($2,500/yr for all)LS $208.33 $0.00
Garbage Bags ($50/case x 12 mos)Case $50.00 $0.00
Contracted services (alarm)LS $900.00 $0.00
Vandalism
Labor (assume 20 hrs/yr per facility)20.00 hrs/yr $54.36 $1,087.20
Supplies (assume $7,500/yr for all)1.00 LS $625.00 $625.00
Subtotal $1,712.20
Discretionary - Capital Costs Qty Unit Unit Cost Total Cost
Paper Towel Dispenser Materials x 2 EA $50.00 $0.00
Soap Dispenser Materials x 2 EA $50.00 $0.00
Seat Cover Dispenser x 2 LS $125.00 $0.00
Subtotal $0.00
Discretionary - O&M Costs Per Year Qty Unit Unit Cost Total Cost
Materials
Paper Towels (4 cases/yr x 2)Case $54.00 $0.00
Soap (hand washing) ($5/ea x 52 weeks) x 2 EA $5.00 $0.00
Toilet Seat Covers (2 cases/yr x 2)Case $50.00 $0.00
Subtotal $0.00
Comments:
* Assume Benicia Pool open 12 mos/yr; Benicia Ballfield open 8 mos year
HONEYBEE - TO REMAIN AS IS (NO REHAB) AND TO BE LEASED
Planning-Level Cost Estimate
Non-Discretionary - Capital Costs Qty Unit Unit Cost Total Cost
Mobilization LS $0.00 $0.00
New Building Construction LS $0.00 $0.00
Rehab Building LS $0.00 $0.00
Outside Lighting EA $1,000.00 $0.00
Inside Lighting (x2)EA $500.00 $0.00
Toilet (x 2)EA $1,500.00 $0.00
Urinal EA $500.00 $0.00
Sink (x 2)EA $500.00 $0.00
Toilet Paper Dispenser (x2)EA $100.00 $0.00
Garbage Can (plastic)EA $25.00 $0.00
Cameras, door lock, intrusion alarm EA $15,000.00 $0.00
ADA Pathway to Nearest Walkway SF $1.44 $0.00
Subtotal $0.00
Non-Discretionary - O&M Costs Per Year Qty Unit Unit Cost Total Cost
*Labor-assume 2x1,000 hrs per year for all facilities)/10 hrs/yr $13.50 $0.00
Materials
Toilet Paper (4 cases per restroom x 2)Case $54.00 $0.00
Soap for cleaning/maintenance ($2,500/yr for all)LS $208.33 $0.00
Garbage Bags ($50/case x 12 mos)Case $50.00 $0.00
Contracted services (alarm)LS $900.00 $0.00
Vandalism
Labor (assume 20 hrs/yr per facility)20.00 hrs/yr $54.36 $1,087.20
Supplies (assume $7,500/yr for all)1.00 LS $625.00 $625.00
Subtotal $1,712.20
Discretionary - Capital Costs Qty Unit Unit Cost Total Cost
Paper Towel Dispenser Materials x 2 EA $50.00 $0.00
Soap Dispenser Materials x 2 EA $50.00 $0.00
Seat Cover Dispenser x 2 LS $125.00 $0.00
Subtotal $0.00
Discretionary - O&M Costs Per Year Qty Unit Unit Cost Total Cost
Materials
Paper Towels (4 cases/yr x 2)Case $54.00 $0.00
Soap (hand washing) ($5/ea x 52 weeks) x 2 EA $5.00 $0.00
Toilet Seat Covers (2 cases/yr x 2)Case $50.00 $0.00
Subtotal $0.00
Comments:
* Assume facility open 12 mos/yr
DOROTEA - TO BE DEMOLISHED AND REPLACED WITH NEW
Planning-Level Cost Estimate
Non-Discretionary - Capital Costs Qty Unit Unit Cost Total Cost
Mobilization (10%)1.00 LS $13,002.50 $13,002.50
New Building Construction 1.00 LS $115,000.00 $115,000.00
Rehab Building - Not Needed LS $0.00 $0.00
Outside Lighting (included)0.00 EA $1,000.00 $0.00
Inside Lighting (included)0.00 EA $500.00 $0.00
Toilet (included)0.00 EA $1,500.00 $0.00
Urinal - Not Needed 0.00 EA $500.00 $0.00
Sink (included)0.00 EA $500.00 $0.00
Toilet Paper Dispenser (included)0.00 EA $100.00 $0.00
Garbage Can (plastic)1.00 EA $25.00 $25.00
Cameras, door lock, intrusion alarm 1.00 EA $15,000.00 $15,000.00
ADA Pathway to Nearest Walkway - Not Needed 0.00 SF $1.44 $0.00
Subtotal $143,027.50
Non-Discretionary - O&M Costs Per Year Qty Unit Unit Cost Total Cost
*Labor 884.00 hrs/yr $13.50 $11,934.00
Materials
Toilet Paper (4 cases per restroom)4.00 Case $54.00 $216.00
Soap for cleaning/maintenance ($2,500/yr for all)1.00 LS $208.33 $208.33
Garbage Bags ($50/case x 12 mos)12.00 Case $50.00 $600.00
Contracted services (alarm) $75/mo for 12 mos 1.00 LS $900.00 $900.00
Vandalism
Labor (assume 20 hrs/yr per facility)20.00 hrs/yr $54.36 $1,087.20
Supplies (assume $7,500/yr for all)1.00 LS $625.00 $625.00
Subtotal $15,570.53
TOTAL Capital and O&M $158,598.03
25% Planning Level Contingency on Capital Costs only $35,756.88
TOTAL NON-DISCRETIONARY $194,354.91
Discretionary - Capital Costs Qty Unit Unit Cost Total Cost
Paper Towel Dispenser Materials 1.00 EA $50.00 $50.00
Soap Dispenser Materials 1.00 EA $50.00 $50.00
Seat Cover Dispenser 1.00 LS $125.00 $125.00
Subtotal $225.00
Discretionary - O&M Costs Per Year Qty Unit Unit Cost Total Cost
Materials
Paper Towels (4 cases/yr)4.00 Case $54.00 $216.00
Soap (hand washing) ($5/ea x 52 weeks)52.00 EA $5.00 $260.00
Toilet Seat Covers (2 cases/yr)2.00 Case $50.00 $100.00
Subtotal $576.00
TOTAL Capital and O&M $801.00
25% Planning Level Contingency on Capital Costs only $56.25
TOTAL DISCRETIONARY $857.25
Total Non-Discretionary and Discretionary $195,212.16
Comments:
* Assume facility open 12 mos/yr
EAGLE - REHAB BUILDING
Planning-Level Cost Estimate
Non-Discretionary - Capital Costs Qty Unit Unit Cost Total Cost
Mobilization (10%)1.00 LS $4,162.50 $4,162.50
New Building Construction - Not Needed 0.00 LS $0.00 $0.00
Rehab Building 1.00 LS $23,000.00 $23,000.00
Outside Lighting 1.00 EA $1,000.00 $1,000.00
Inside Lighting (1)1.00 EA $500.00 $500.00
Toilet (1)1.00 EA $1,500.00 $1,500.00
Urinal - Not Needed 0.00 EA $500.00 $0.00
Sink (1)1.00 EA $500.00 $500.00
Toilet Paper Dispenser (1)1.00 EA $100.00 $100.00
Garbage Can (plastic) x1 1.00 EA $25.00 $25.00
Cameras, door lock, intrusion alarm 1.00 EA $15,000.00 $15,000.00
ADA Pathway to Nearest Walkway - Not Needed 0.00 SF $1.44 $0.00
Subtotal $45,787.50
Non-Discretionary - O&M Costs Per Year Qty Unit Unit Cost Total Cost
*Labor 884.00 hrs/yr $13.50 $11,934.00
Materials
Toilet Paper (4 cases per restroom)4.00 Case $54.00 $216.00
Soap for cleaning/maintenance ($2,500/yr for all)1.00 LS $208.33 $208.33
Garbage Bags ($50/case x 12 mos)12.00 Case $50.00 $600.00
Contracted services (alarm) $75/mo for 12 mos 1.00 LS $900.00 $900.00
Vandalism
Labor (assume 20 hrs/yr per facility)20.00 hrs/yr $54.36 $1,087.20
Supplies (assume $7,500/yr for all)1.00 LS $625.00 $625.00
Subtotal $15,570.53
TOTAL Capital and O&M $61,358.03
35% Planning Level Contingency on Capital Costs only $16,025.63
TOTAL NON-DISCRETIONARY $77,383.66
Discretionary - Capital Costs Qty Unit Unit Cost Total Cost
Paper Towel Dispenser Materials 1.00 EA $50.00 $50.00
Soap Dispenser Materials 1.00 EA $50.00 $50.00
Seat Cover Dispenser 1.00 LS $125.00 $125.00
Subtotal $225.00
Discretionary - O&M Costs Per Year Qty Unit Unit Cost Total Cost
Materials
Paper Towels (4 cases/yr)4.00 Case $54.00 $216.00
Soap (hand washing) ($5/ea x 52 weeks)52.00 EA $5.00 $260.00
Toilet Seat Covers (2 cases/yr)2.00 Case $50.00 $100.00
Subtotal $576.00
TOTAL Capital and O&M $801.00
35% Planning Level Contingency $78.75
TOTAL DISCRETIONARY $879.75
Total Non-Discretionary and Discretionary $78,263.41
Comments:
* Assume facility open 12 mos/yr
Restrooms currently maintained by RP Girls Softball League
Bathroom doors open inward, unlikely to meet ADA standards
LADYBUG - REHAB BUILDING
Planning-Level Cost Estimate
Non-Discretionary - Capital Costs Qty Unit Unit Cost Total Cost
Mobilization (10%)1.00 LS $3,812.50 $3,812.50
New Building Construction - Not Needed 0.00 LS $0.00 $0.00
Rehab Building 1.00 LS $23,000.00 $23,000.00
Outside Lighting 0.00 EA $1,000.00 $0.00
Inside Lighting (1)0.00 EA $500.00 $0.00
Toilet (1)0.00 EA $1,500.00 $0.00
Urinal - Not Needed 0.00 EA $500.00 $0.00
Sink (1)0.00 EA $500.00 $0.00
Toilet Paper Dispenser (1)1.00 EA $100.00 $100.00
Garbage Can (plastic) x1 1.00 EA $25.00 $25.00
Cameras, door lock, intrusion alarm 1.00 EA $15,000.00 $15,000.00
ADA Pathway to Nearest Walkway - Not Needed 0.00 SF $1.44 $0.00
Subtotal $41,937.50
Non-Discretionary - O&M Costs Per Year Qty Unit Unit Cost Total Cost
*Labor - Part time SMA 884.00 hrs/yr $13.50 $11,934.00
*Labor - Full time 25.00 hrs/yr $54.36 $1,359.00
Materials
Toilet Paper (4 cases per restroom)4.00 Case $54.00 $216.00
Soap for cleaning/maintenance ($2,500/yr for all)1.00 LS $208.33 $208.33
Garbage Bags ($50/case x 12 mos)12.00 Case $50.00 $600.00
Contracted services (alarm) $75/mo for 12 mos 1.00 LS $900.00 $900.00
Vandalism
Labor (assume 20 hrs/yr per facility)20.00 hrs/yr $54.36 $1,087.20
Supplies (assume $7,500/yr for all)1.00 LS $625.00 $625.00
Subtotal $16,929.53
TOTAL Capital and O&M $58,867.03
35% Planning Level Contingency on Capital Costs only $14,678.13
TOTAL NON-DISCRETIONARY $73,545.16
Discretionary - Capital Costs Qty Unit Unit Cost Total Cost
Paper Towel Dispenser Materials 0.00 EA $50.00 $0.00
Soap Dispenser Materials 1.00 EA $50.00 $50.00
Seat Cover Dispenser 0.00 LS $125.00 $0.00
Subtotal $50.00
Discretionary - O&M Costs Per Year Qty Unit Unit Cost Total Cost
Materials
Paper Towels (4 cases/yr)0.00 Case $54.00 $0.00
Soap (hand washing) ($5/ea x 52 weeks)52.00 EA $5.00 $260.00
Toilet Seat Covers (2 cases/yr)0.00 Case $50.00 $0.00
Subtotal $260.00
TOTAL Capital and O&M $310.00
35% Planning Level Contingency on Capital Costs only $17.50
TOTAL DISCRETIONARY $327.50
Total Non-Discretionary and Discretionary $73,872.66
Comments:
* Assume facility open 12 mos/yr